September 20, 2019
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260349
  Amendment
Bill No. 1877
Amendment No. 260349
CHAMBER ACTION
Senate House
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1Representative Vana offered the following:
2
3     Amendment to Senate Amendment (803170) (with title
4amendment)
5     On page 1, line 17, through page 54, line 25, remove all of
6said lines and insert:
7     Section 1.  This act may be cited as the "Jessica Lunsford
8Act."
9     Section 2.  Paragraph (a) of subsection (5) of section
10216.136, Florida Statutes, is amended to read:
11     216.136  Consensus estimating conferences; duties and
12principals.--
13     (5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
14     (a)  Duties.--The Criminal Justice Estimating Conference
15shall:
16     1.  Develop such official information relating to the
17criminal justice system, including forecasts of prison
18admissions and population and of supervised felony offender
19admissions and population, as the conference determines is
20needed for the state planning and budgeting system.
21     2.  Develop such official information relating to the
22number of eligible discharges and the projected number of civil
23commitments for determining space needs pursuant to the civil
24proceedings provided under part V of chapter 394.
25     3.  Develop official information relating to the number of
26sexual offenders and sexual predators who are required by law to
27be placed on community control, probation, or conditional
28release who are subject to electronic monitoring.
29     Section 3.  Paragraph (a) of subsection (3) of section
30775.082, Florida Statutes, is amended to read:
31     775.082  Penalties; applicability of sentencing structures;
32mandatory minimum sentences for certain reoffenders previously
33released from prison.--
34     (3)  A person who has been convicted of any other
35designated felony may be punished as follows:
36     (a)1.  For a life felony committed prior to October 1,
371983, by a term of imprisonment for life or for a term of years
38not less than 30.
39     2.  For a life felony committed on or after October 1,
401983, by a term of imprisonment for life or by a term of
41imprisonment not exceeding 40 years.
42     3.  Except as provided in subparagraph 4., for a life
43felony committed on or after July 1, 1995, by a term of
44imprisonment for life or by imprisonment for a term of years not
45exceeding life imprisonment.
46     4.  For a life felony committed on or after September 1,
472005, which is a violation of s. 800.04(5)(b), by:
48     a.  A term of imprisonment for life; or
49     b.  A split sentence that is a term of not less than 25
50years' imprisonment and not exceeding life imprisonment,
51followed by probation or community control for the remainder of
52the person's natural life and subject to a system of active
53electronic monitoring that identifies the location of a
54monitored offender and that can produce, upon request, reports
55or records of the offender's presence near or within a crime
56scene or prohibited area or the offender's departure from a
57specified geographic location.
58     Section 4.  Section 775.0821, Florida Statutes, is created
59to read:
60     775.0821  Tampering with or removal of electronic
61monitoring device.--
62     (1)  Any person subject to electronic monitoring provided
63in s. 775.082(3)(a)4.b., s. 947.1406, or s. 948.11(6) who, for
64the purpose of facilitating the commission of a crime, removes,
65defaces, alters, destroys, or fails to maintain the electronic
66monitoring device in working order commits a felony of the first
67degree, punishable as provided in s. 775.082 or s. 775.083.
68     (2)  Any person subject to electronic monitoring under s.
69775.082(3)(a)4.b. must follow instructions provided by the
70Department of Corrections or the electronic monitoring device
71manufacturer to maintain the electronic monitoring device in
72working order. Incidental damage or defacement of the electronic
73monitoring device must be reported to the Department of
74Corrections within 2 hours. Failure to comply with the reporting
75requirement of this subsection is a felony of the third degree,
76punishable as provided in s. 775.082 or s. 775.083.
77     Section 5.  Paragraph (b) of subsection (4), paragraphs
78(a), (b), and (l) of subsection (6), and paragraph (a) of
79subsection (10) of section 775.21, Florida Statutes, are
80amended, and paragraph (m) is added to subsection (6) of said
81section, to read:
82     775.21  The Florida Sexual Predators Act.--
83     (4)  SEXUAL PREDATOR CRITERIA.--
84     (b)  In order to be counted as a prior felony for purposes
85of this subsection, the felony must have resulted in a
86conviction sentenced separately, or an adjudication of
87delinquency entered separately, prior to the current offense and
88sentenced or adjudicated separately from any other felony
89conviction that is to be counted as a prior felony. If the
90offender's prior enumerated felony was committed more than 10
91years before the primary offense, it shall not be considered a
92prior felony under this subsection if the offender has not been
93convicted of any other crime for a period of 10 consecutive
94years from the most recent date of release from confinement,
95supervision, or sanction, whichever is later.
96     (6)  REGISTRATION.--
97     (a)  A sexual predator must register with the department by
98providing the following information to the department:
99     1.  Name, social security number, age, race, sex, date of
100birth, height, weight, hair and eye color, photograph, address
101of legal residence and address of any current temporary
102residence, within the state or out of state, including a rural
103route address and a post office box, date and place of any
104employment, date and place of each conviction, fingerprints, and
105a brief description of the crime or crimes committed by the
106offender. In addition, any sexual predator sentenced to
107electronic monitoring provided in s. 775.082(3)(a)4.b., s.
108947.1406, or s. 948.11(6) must provide that information to the
109department. A post office box shall not be provided in lieu of a
110physical residential address.
111     a.  If the sexual predator's place of residence is a motor
112vehicle, trailer, mobile home, or manufactured home, as defined
113in chapter 320, the sexual predator shall also provide to the
114department written notice of the vehicle identification number;
115the license tag number; the registration number; and a
116description, including color scheme, of the motor vehicle,
117trailer, mobile home, or manufactured home. If a sexual
118predator's place of residence is a vessel, live-aboard vessel,
119or houseboat, as defined in chapter 327, the sexual predator
120shall also provide to the department written notice of the hull
121identification number; the manufacturer's serial number; the
122name of the vessel, live-aboard vessel, or houseboat; the
123registration number; and a description, including color scheme,
124of the vessel, live-aboard vessel, or houseboat.
125     b.  If the sexual predator is enrolled, employed, or
126carrying on a vocation at an institution of higher education in
127this state, the sexual predator shall also provide to the
128department the name, address, and county of each institution,
129including each campus attended, and the sexual predator's
130enrollment or employment status. Each change in enrollment or
131employment status shall be reported in person at the sheriff's
132office, or the Department of Corrections if the sexual predator
133is in the custody or control of or under the supervision of the
134Department of Corrections, within 48 hours after any change in
135status. The sheriff or the Department of Corrections shall
136promptly notify each institution of the sexual predator's
137presence and any change in the sexual predator's enrollment or
138employment status.
139     2.  Any other information determined necessary by the
140department, including criminal and corrections records;
141nonprivileged personnel and treatment records; and evidentiary
142genetic markers when available.
143     (b)  If the sexual predator is in the custody or control
144of, or under the supervision of, the Department of Corrections,
145or is in the custody of a private correctional facility, the
146sexual predator must register with the Department of
147Corrections. The Department of Corrections shall provide to the
148department registration information and the location of, and
149local telephone number for, any Department of Corrections office
150that is responsible for supervising the sexual predator. In
151addition, The Department of Corrections shall also notify the
152department if the sexual predator escapes or absconds from
153custody or supervision or if the sexual predator dies. In
154addition, for any sexual predator sentenced to electronic
155monitoring provided in s. 775.082(3)(a)4.b., s. 947.1406, or s.
156948.11(6), the Department of Corrections must provide that
157information to the department.
158     (l)  A sexual predator must maintain registration with the
159department for the duration of his or her life, unless the
160sexual predator has received a full pardon or has had a
161conviction set aside in a postconviction proceeding for any
162offense that met the criteria for the sexual predator
163designation. However, a sexual predator who was designated as a
164sexual predator by a court before October 1, 1998, and who has
165been lawfully released from confinement, supervision, or
166sanction, whichever is later, for at least 10 years and has not
167been arrested for any felony or misdemeanor offense since
168release, may petition the criminal division of the circuit court
169in the circuit in which the sexual predator resides for the
170purpose of removing the sexual predator designation. A sexual
171predator who was designated a sexual predator by a court on or
172after October 1, 1998, who has been lawfully released from
173confinement, supervision, or sanction, whichever is later, for
174at least 20 years, and who has not been arrested for any felony
175or misdemeanor offense since release may petition the criminal
176division of the circuit court in the circuit in which the sexual
177predator resides for the purpose of removing the sexual predator
178designation. A sexual predator who was designated a sexual
179predator by a court on or after September 1, 2005, who has been
180lawfully released from confinement, supervision, or sanction,
181whichever is later, for at least 30 years and who has not been
182arrested for any felony or misdemeanor offense since release may
183petition the criminal division of the circuit court in the
184circuit in which the sexual predator resides for the purpose of
185removing the sexual predator designation. The court may grant or
186deny such relief if the petitioner demonstrates to the court
187that he or she has not been arrested for any crime since
188release, the requested relief complies with the provisions of
189the federal Jacob Wetterling Act, as amended, and any other
190federal standards applicable to the removal of the designation
191as a sexual predator or required to be met as a condition for
192the receipt of federal funds by the state, and the court is
193otherwise satisfied that the petitioner is not a current or
194potential threat to public safety. The state attorney in the
195circuit in which the petition is filed must be given notice of
196the petition at least 3 weeks before the hearing on the matter.
197The state attorney may present evidence in opposition to the
198requested relief or may otherwise demonstrate the reasons why
199the petition should be denied. If the court denies the petition,
200the court may set a future date at which the sexual predator may
201again petition the court for relief, subject to the standards
202for relief provided in this paragraph. Unless specified in the
203order, a sexual predator who is granted relief under this
204paragraph must comply with the requirements for registration as
205a sexual offender and other requirements provided under s.
206943.0435 or s. 944.607. If a petitioner obtains an order from
207the court that imposed the order designating the petitioner as a
208sexual predator which removes such designation, the petitioner
209shall forward a certified copy of the written findings or order
210to the department in order to have the sexual predator
211designation removed from the sexual predator registry.
212     (m)1.  A sexual predator must report in person each year
213during the month of the sexual predator's date of birth and
214during the 6th month following the sexual predator's birth month
215to the sheriff's office in the county in which he or she resides
216or is otherwise located to reregister. The sheriff's office may
217determine the appropriate times and days for reporting by the
218sexual predator, which shall be consistent with the reporting
219requirements of this paragraph. Reregistration shall include any
220changes to information provided in paragraph (a).
221     2.  The sheriff's office shall, within 2 working days,
222electronically submit and update all information provided by the
223sexual predator to the department in a manner prescribed by the
224department. This procedure shall be implemented by December 1,
2252005.
226
227The sheriff shall promptly provide to the department the
228information received from the sexual predator.
229     (10)  PENALTIES.--
230     (a)  Except as otherwise specifically provided, a sexual
231predator who fails to register; who fails, after registration,
232to maintain, acquire, or renew a driver's license or
233identification card; who fails to provide required location
234information or change-of-name information; who fails to make a
235required report in connection with vacating a permanent
236residence; who fails to reregister as required; who fails to
237respond to any address verification correspondence from the
238department within 3 weeks after the date of the correspondence;
239or who otherwise fails, by act or omission, to comply with the
240requirements of this section, commits a felony of the third
241degree, punishable as provided in s. 775.082, s. 775.083, or s.
242775.084.
243     Section 6.  Section 775.235, Florida Statutes, is created
244to read:
245     775.235  Harboring sexual predator or sexual offender.--Any
246person who knows or has reasonable cause to believe that a
247sexual predator or sexual offender is not complying, or has not
248complied, with the requirements of s. 775.21, s. 943.0435, or s.
249944.607 and who, with the intent to assist the sexual predator
250or sexual offender in eluding a law enforcement agency that is
251seeking to find the sexual predator or sexual offender to
252question the sexual predator or sexual offender about, or to
253arrest the sexual predator or sexual offender for, his or her
254noncompliance with the requirements of this section:
255     (1)  Withholds information from, or does not notify, the
256law enforcement agency about the sexual predator or sexual
257offender's noncompliance with the requirements of this section,
258and, if known, the whereabouts of the sexual predator or sexual
259offender;
260     (2)  Harbors, or attempts to harbor, or assists another
261person in harboring or attempting to harbor, the sexual predator
262or sexual offender;
263     (3)  Hides or attempts to hide, or assists another person
264in hiding or attempting to hide, the sexual predator or sexual
265offender; or
266     (4)  Provides information to the law enforcement agency
267regarding the sexual predator or sexual offender which the
268person knows to be false information,
269
270commits a felony of the third degree, punishable as provided in
271s. 775.082 , s. 775.083, or s. 775.084. This paragraph does not
272apply if the sexual predator or sexual offender is incarcerated
273in or is in the custody of a state correctional facility, a
274private correctional facility, a local jail, or a federal
275correctional facility.
276     Section 7.  Paragraph (b) of subsection (5) of section
277800.04, Florida Statutes, is amended to read:
278     800.04  Lewd or lascivious offenses committed upon or in
279the presence of persons less than 16 years of age.--
280     (5)  LEWD OR LASCIVIOUS MOLESTATION.--
281     (b)  An offender 18 years of age or older who commits lewd
282or lascivious molestation against a victim less than 12 years of
283age commits a life felony of the first degree, punishable as
284provided in s. s. 775.082(3)(a)4. 775.082, s. 775.083, or s.
285775.084.
286     Section 8.  Paragraphs (f) and (g) of subsection (3) of
287section 921.0022, Florida Statutes, are amended to read:
288     921.0022  Criminal Punishment Code; offense severity
289ranking chart.--
290     (3)  OFFENSE SEVERITY RANKING CHART
291
 
FloridaStatuteFelonyDegreeDescription
292
 


(f)  LEVEL 6
293
 
316.193(2)(b)3rdFelony DUI, 4th or subsequent conviction.
294
 
499.0051(3)2ndForgery of pedigree papers.
295
 
499.0051(4)2ndPurchase or receipt of legend drug from unauthorized person.
296
 
499.0051(5)2ndSale of legend drug to unauthorized person.
297
 
775.0875(1)3rdTaking firearm from law enforcement officer.
298
 
775.21(10)3rdSexual predators; failure to register; failure to renew driver's license or identification card.
299
 
784.021(1)(a)3rdAggravated assault; deadly weapon without intent to kill.
300
 
784.021(1)(b)3rdAggravated assault; intent to commit felony.
301
 
784.0413rdFelony battery.
302
 
784.048(3)3rdAggravated stalking; credible threat.
303
 
784.048(5)3rdAggravated stalking of person under 16.
304
 
784.07(2)(c)2ndAggravated assault on law enforcement officer.
305
 
784.074(1)(b)2ndAggravated assault on sexually violent predators facility staff.
306
 
784.08(2)(b)2ndAggravated assault on a person 65 years of age or older.
307
 
784.081(2)2ndAggravated assault on specified official or employee.
308
 
784.082(2)2ndAggravated assault by detained person on visitor or other detainee.
309
 
784.083(2)2ndAggravated assault on code inspector.
310
 
787.02(2)3rdFalse imprisonment; restraining with purpose other than those in s. 787.01.
311
 
790.115(2)(d)2ndDischarging firearm or weapon on school property.
312
 
790.161(2)2ndMake, possess, or throw destructive device with intent to do bodily harm or damage property.
313
 
790.164(1)2ndFalse report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
314
 
790.192ndShooting or throwing deadly missiles into dwellings, vessels, or vehicles.
315
 
794.011(8)(a)3rdSolicitation of minor to participate in sexual activity by custodial adult.
316
 
794.05(1)2ndUnlawful sexual activity with specified minor.
317
 
800.04(5)(d)3rdLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
318
 
800.04(6)(b)2ndLewd or lascivious conduct; offender 18 years of age or older.
319
 
806.031(2)2ndArson resulting in great bodily harm to firefighter or any other person.
320
 
810.02(3)(c)2ndBurglary of occupied structure; unarmed; no assault or battery.
321
 
812.014(2)(b)1.2ndProperty stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
322
 
812.015(9)2ndRetail theft; property stolen $300 or more; second or subsequent conviction.
323
 
812.13(2)(c)2ndRobbery, no firearm or other weapon (strong-arm robbery).
324
 
817.034(4)(a)1.1stCommunications fraud, value greater than $50,000.
325
 
817.4821(5)2ndPossess cloning paraphernalia with intent to create cloned cellular telephones.
326
 
825.102(1)3rdAbuse of an elderly person or disabled adult.
327
 
825.102(3)(c)3rdNeglect of an elderly person or disabled adult.
328
 
825.1025(3)3rdLewd or lascivious molestation of an elderly person or disabled adult.
329
 
825.103(2)(c)3rdExploiting an elderly person or disabled adult and property is valued at less than $20,000.
330
 
827.03(1)3rdAbuse of a child.
331
 
827.03(3)(c)3rdNeglect of a child.
332
 
827.071(2) & (3)2ndUse or induce a child in a sexual performance, or promote or direct such performance.
333
 
836.052ndThreats; extortion.
334
 
836.102ndWritten threats to kill or do bodily injury.
335
 
843.123rdAids or assists person to escape.
336
 
847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.
337
 
914.232ndRetaliation against a witness, victim, or informant, with bodily injury.
338
 
943.0435(9)3rdSex offenders; failure to comply with reporting requirements.
339
 
944.35(3)(a)2.3rdCommitting malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
340
 
944.402ndEscapes.
341
 
944.463rdHarboring, concealing, aiding escaped prisoners.
342
 
944.47(1)(a)5.2ndIntroduction of contraband (firearm, weapon, or explosive) into correctional facility.
343
 
951.22(1)3rdIntoxicating drug, firearm, or weapon introduced into county facility.
344
 


(g)  LEVEL 7
345
 
316.027(1)(b)2ndAccident involving death, failure to stop; leaving scene.
346
 
316.193(3)(c)2.3rdDUI resulting in serious bodily injury.
347
 
316.1935(3)(b)1stCausing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
348
 
327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.
349
 
402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
350
 
409.920(2)3rdMedicaid provider fraud.
351
 
456.065(2)3rdPracticing a health care profession without a license.
352
 
456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.
353
 
458.327(1)3rdPracticing medicine without a license.
354
 
459.013(1)3rdPracticing osteopathic medicine without a license.
355
 
460.411(1)3rdPracticing chiropractic medicine without a license.
356
 
461.012(1)3rdPracticing podiatric medicine without a license.
357
 
462.173rdPracticing naturopathy without a license.
358
 
463.015(1)3rdPracticing optometry without a license.
359
 
464.016(1)3rdPracticing nursing without a license.
360
 
465.015(2)3rdPracticing pharmacy without a license.
361
 
466.026(1)3rdPracticing dentistry or dental hygiene without a license.
362
 
467.2013rdPracticing midwifery without a license.
363
 
468.3663rdDelivering respiratory care services without a license.
364
 
483.828(1)3rdPracticing as clinical laboratory personnel without a license.
365
 
483.901(9)3rdPracticing medical physics without a license.
366
 
484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.
367
 
484.0533rdDispensing hearing aids without a license.
368
 
494.0018(2)1stConviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
369
 
560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
370
 
560.125(5)(a)3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
371
 
655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
372
 
775.08213rdTampering with electronic monitoring device.
373
 
775.21(10)(a)3rdSexual predator; failure to register; failure to renew driver's license or identification card.
374
 
775.21(10)(b)3rdSexual predator working where children regularly congregate.
375
 
775.2353rdHarboring sexual predator or sexual offender.
376
377
 
782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
378
 
782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).
379
 
782.0712ndKilling of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
380
 
782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).
381
 
784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.
382
 
784.045(1)(a)2.2ndAggravated battery; using deadly weapon.
383
 
784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.
384
 
784.048(4)3rdAggravated stalking; violation of injunction or court order.
385
 
784.048(7)3rdAggravated stalking; violation of court order.
386
 
784.07(2)(d)1stAggravated battery on law enforcement officer.
387
 
784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.
388
 
784.08(2)(a)1stAggravated battery on a person 65 years of age or older.
389
 
784.081(1)1stAggravated battery on specified official or employee.
390
 
784.082(1)1stAggravated battery by detained person on visitor or other detainee.
391
 
784.083(1)1stAggravated battery on code inspector.
392
 
790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
393
 
790.16(1)1stDischarge of a machine gun under specified circumstances.
394
 
790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.
395
 
790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
396
 
790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.
397
 
790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
398
 
796.032ndProcuring any person under 16 years for prostitution.
399
 
800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
400
 
800.04(5)(c)2.2ndLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
401
 
806.01(2)2ndMaliciously damage structure by fire or explosive.
402
 
810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.
403
 
810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.
404
 
810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.
405
 
812.014(2)(a)1.1stProperty stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
406
 
812.014(2)(b)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
407
 
812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.
408
 
812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.
409
 
812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
410
 
812.131(2)(a)2ndRobbery by sudden snatching.
411
 
812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.
412
 
817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.
413
 
817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.
414
 
817.234(11)(c)1stInsurance fraud; property value $100,000 or more.
415
 
817.2341(2)(b) & (3)(b)1stMaking false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
416
 
825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
417
 
825.103(2)(b)2ndExploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
418
 
827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.
419
 
827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.
420
 
837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.
421
 
838.0152ndBribery.
422
 
838.0162ndUnlawful compensation or reward for official behavior.
423
 
838.021(3)(a)2ndUnlawful harm to a public servant.
424
 
838.222ndBid tampering.
425
 
872.062ndAbuse of a dead human body.
426
 
893.13(1)(c)1.1stSell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
427
 
893.13(1)(e)1.1stSell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
428
 
893.13(4)(a)1stDeliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
429
 
893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
430
 
893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.
431
 
893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.
432
 
893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.
433
 
893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.
434
 
893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.
435
 
893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.
436
 
893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
437
 
893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
438
 
893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.
439
 
896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.
440
 
896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
441
 
943.0435(4)(c)2ndSexual offender vacating permanent residence; failure to comply with reporting requirements.
442
 
943.0435(8)2ndSexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
443
 
943.0435(9)(a)3rdSexual offender; failure to comply with reporting requirements.
444
 
944.607(9)3rdSexual offender; failure to comply with reporting requirements.
445
 
944.607(10)(a)3rdSexual offender; failure to submit to the taking of a digitized photograph.
446
447     Section 9.  Paragraph (o) is added to subsection (5) of
448section 921.141, Florida Statutes, to read:
449     921.141  Sentence of death or life imprisonment for capital
450felonies; further proceedings to determine sentence.--
451     (5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
452shall be limited to the following:
453     (o)  The capital felony was committed by a person
454designated a sexual predator under s. 775.21 or a person
455previously designated a sexual predator whose sexual predator
456designation had been removed.
457     Section 10.  Subsection (5) is added to section 943.043,
458Florida Statutes, to read:
459     943.043  Toll-free telephone number; Internet notification;
460sexual predator and sexual offender information.--
461     (5)  The department shall share information with local law
462enforcement agencies to assist local law enforcement agencies in
463determining the potential whereabouts of any sexual predator or
464sexual offender who fails to respond to address-verification
465attempts or otherwise absconds from registration.
466     Section 11.  Subsection (13) is added to section 943.0435,
467Florida Statutes, to read:
468     943.0435  Sexual offenders required to register with the
469department; penalty.--
470     (13)(a)  A sexual offender must report in person each year
471during the month of the sexual offender's date of birth and
472during the 6 month following the sexual offender's birth month
473to the sheriff's office in the county in which he or she resides
474or is otherwise located to reregister. The sheriff's office may
475determine the appropriate times and days for reporting by the
476sexual offender, which shall be consistent with the reporting
477requirements of this paragraph. Reregistration shall include any
478changes to the information provided in subsection (2). Any
479sexual offender who fails to report in person as required at the
480sheriff's office, or who fails to respond to any address
481verification correspondence from the department within 3 weeks
482after the date of the correspondence, commits a felony of the
483third degree, punishable as provided in s. 775.082, s. 775.083,
484or s. 775.084.
485     (b)  The sheriff's office shall, within 2 working days,
486electronically submit and update all information provided by the
487sexual offender to the department in a manner prescribed by the
488department. This procedure shall be implemented by December 1,
4892005.
490     Section 12.  Section 943.04352, Florida Statutes, is
491created to read:
492     943.04352  Search of registration information regarding
493sexual predators and sexual offenders required for misdemeanor
494probation placement.--When the court places a defendant on
495misdemeanor probation pursuant to ss. 948.01 and 948.15, the
496public or private entity providing probation services must
497conduct a search of the probationer's name or other identifying
498information against the registration information regarding
499sexual predators and sexual offenders maintained by the
500Department of Law Enforcement under s. 943.043. The probation
501services provider may conduct the search using the Internet site
502maintained by the Department of Law Enforcement.
503     Section 13.  Paragraph (a) of subsection (3) of section
504944.606, Florida Statutes, is amended to read:
505     944.606  Sexual offenders; notification upon release.--
506     (3)(a)  The department must provide information regarding
507any sexual offender who is being released after serving a period
508of incarceration for any offense, as follows:
509     1.  The department must provide: the sexual offender's
510name, any change in the offender's name by reason of marriage or
511other legal process, and any alias, if known; the correctional
512facility from which the sexual offender is released; the sexual
513offender's social security number, race, sex, date of birth,
514height, weight, and hair and eye color; date and county of
515sentence and each crime for which the offender was sentenced; a
516copy of the offender's fingerprints and a digitized photograph
517taken within 60 days before release; the date of release of the
518sexual offender; and the offender's intended residence address,
519if known. The department shall notify the Department of Law
520Enforcement if the sexual offender escapes, absconds, or dies.
521In addition, for any sexual offender sentenced to electronic
522monitoring provided in  s. 775.082(3)(a)4.b., s. 947.1406, or s.
523948.11(6), the department must provide that information to the
524Department of Law Enforcement. If the sexual offender is in the
525custody of a private correctional facility, the facility shall
526take the digitized photograph of the sexual offender within 60
527days before the sexual offender's release and provide this
528photograph to the Department of Corrections and also place it in
529the sexual offender's file. If the sexual offender is in the
530custody of a local jail, the custodian of the local jail shall
531notify the Department of Law Enforcement of the sexual
532offender's release and provide to the Department of Law
533Enforcement the information specified in this paragraph and any
534information specified in subparagraph 2. that the Department of
535Law Enforcement requests.
536     2.  The department may provide any other information deemed
537necessary, including criminal and corrections records,
538nonprivileged personnel and treatment records, when available.
539     Section 14.  Paragraph (a) of subsection (4) of section
540944.607, Florida Statutes, is amended, and paragraph (h) is
541added to subsection (6) of said section, to read:
542     944.607  Notification to Department of Law Enforcement of
543information on sexual offenders.--
544     (4)  A sexual offender, as described in this section, who
545is under the supervision of the Department of Corrections but is
546not incarcerated must register with the Department of
547Corrections and provide information as required by this
548subsection.
549     (a)  The sexual offender shall provide his or her name;
550date of birth; social security number; race; sex; height;
551weight; hair and eye color; tattoos or other identifying marks;
552and permanent or legal residence and address of temporary
553residence within the state or out of state while the sexual
554offender is under supervision in this state, including any rural
555route address or post office box. In addition, any sexual
556offender sentenced to electronic monitoring provided in s.
557775.082(3)(a)4.b., s. 947.1406, or s. 948.11(6) must provide
558that information to the Department of Corrections. The
559Department of Corrections shall verify the address of each
560sexual offender in the manner described in ss. 775.21 and
561943.0435.
562     (6)  The information provided to the Department of Law
563Enforcement must include:
564     (h)  Information obtained from the Department of
565Corrections that a sexual offender has been sentenced to
566electronic monitoring provided in  s. 775.082(3)(a)4.b., s.
567947.1406, or s. 948.11(6).
568
569If any information provided by the department changes during the
570time the sexual offender is under the department's control,
571custody, or supervision, including any change in the offender's
572name by reason of marriage or other legal process, the
573department shall, in a timely manner, update the information and
574provide it to the Department of Law Enforcement in the manner
575prescribed in subsection (2).
576     Section 15.  Paragraph (b) of subsection (7) of section
577947.1405, Florida Statutes, is amended, paragraph (c) is added
578to said subsection, subsection (9) is renumbered as subsection
579(10), and a new subsection (9) is added to said section, to
580read:
581     947.1405  Conditional release program.--
582     (7)
583     (b)  For a releasee whose crime was committed on or after
584October 1, 1997, in violation of chapter 794, s. 800.04, s.
585827.071, or s. 847.0145, and who is subject to conditional
586release supervision, in addition to any other provision of this
587section subsection, the commission shall impose the following
588additional conditions of conditional release supervision:
589     1.  As part of a treatment program, participation in a
590minimum of one annual polygraph examination to obtain
591information necessary for risk management and treatment and to
592reduce the sex offender's denial mechanisms. The polygraph
593examination must be conducted by a polygrapher trained
594specifically in the use of the polygraph for the monitoring of
595sex offenders, where available, and at the expense of the sex
596offender. The results of the polygraph examination shall not be
597used as evidence in a hearing to prove that a violation of
598supervision has occurred.
599     2.  Maintenance of a driving log and a prohibition against
600driving a motor vehicle alone without the prior approval of the
601supervising officer.
602     3.  A prohibition against obtaining or using a post office
603box without the prior approval of the supervising officer.
604     4.  If there was sexual contact, a submission to, at the
605probationer's or community controllee's expense, an HIV test
606with the results to be released to the victim or the victim's
607parent or guardian.
608     5.  Electronic monitoring of any form when ordered by the
609commission.
610     (c)  Effective for a releasee whose crime was committed on
611or after September 1, 2005, in violation of chapter 794, s.
612800.04, s. 827.071, or s. 847.0145, and the unlawful activity
613involved a victim who was 12 years of age or younger, or for a
614releasee who is designated as a sexual predator pursuant to s.
615775.21, in addition to any other provision of this section, the
616commission must order electronic monitoring for the duration of
617the releasee's supervision.
618     (9)  For a releasee placed on electronic monitoring under
619paragraph (7)(c) who the commission determines is in violation
620of any material condition of supervision, the commission shall
621order the releasee returned to prison until the expiration of
622the sentence of imprisonment.
623     Section 16.  Section 947.1406, Florida Statutes, is created
624to read:
625     947.1406  Electronic monitoring for certain sex offenders
626and sexual predators.--For any conditional releasee placed on
627electronic monitoring under s. 947.1405(9), the department shall
628use a system of active electronic monitoring that identifies the
629location of a monitored offender and that can produce upon
630request reports or records of the offender's presence near or
631within a crime scene or prohibited area or the offender's
632departure from a specified geographic location.
633     Section 17.  Subsection (8) is added to section 948.06,
634Florida Statutes, to read:
635     948.06  Violation of probation or community control;
636revocation; modification; continuance; failure to pay
637restitution or cost of supervision.--
638     (8)  This subsection shall apply to any probationer or
639community controllee under supervision for a violation of s.
640787.01, s. 787.02, s. 787.025, s. 794.011, s. 800.04, s.
641827.071, or s. 847.0145, or who is designated a sexual predator
642under s. 775.21, regardless of when his or her crime was
643committed. In any case, when a violation of supervision is
644admitted or determined by the court to be proven, and the court
645returns the violator to probation or community control
646supervision, the court must, in addition to any other condition
647of supervision, order electronic monitoring as described in s.
648948.11(6).
649     Section 18.  Section 948.061, Florida Statutes, is created
650to read:
651     948.061  Identifying, assessing, and monitoring high-risk
652sex offenders on community supervision; providing cumulative
653criminal and supervision histories on the Internet.--
654     (1)  By December 1, 2005, the department shall develop a
655graduated risk assessment that identifies, assesses, and closely
656monitors a high-risk sex offender who is placed on probation or
657in community control and who:
658     (a)  Has previously been placed on probation or in
659community control and has a history of committing multiple
660violations of community supervision in this state or in any
661other jurisdiction or has previously been incarcerated in this
662state or in any other jurisdiction; and
663     (b)  Has experienced more than one of the following risk
664factors that could potentially make the offender more likely to
665pose a danger to others:
666     1.  Previous conviction for domestic violence;
667     2.  History of substance abuse;
668     3.  Unemployment or substantial financial difficulties;
669     4.  Previous conviction for violence or sex acts against
670children, particularly involving strangers; or
671     5.  Any other risk factor identified by the department.
672     (2)  In providing criminal history and background
673information to the court for these high-risk offenders, the
674correctional probation officer shall provide in each report
675submitted to the court and at each hearing before the court a
676cumulative chronology of the offender's criminal history and
677prior terms of state probation or community control, including
678all substantive or technical violations of state probation or
679community control. The department may adopt rules as necessary
680to administer this section. The booking agency shall ensure that
681state and national criminal history information, and all
682criminal justice information available in the Florida Crime
683Information Center and the National Crime Information Center is
684provided to the court at the time of first appearance.
685     (3)  In monitoring the location of high-risk offenders, the
686department, shall, no later than October 1, 2006, have
687fingerprint-reading equipment and capability that will
688immediately identify probationers or community controllees when
689they report to their designated probation officers and alert
690department probation officials when probationers and community
691controllees are subsequently rearrested.
692     Section 19.  Subsection (6) is added to section 948.11,
693Florida Statutes, to read:
694     948.11  Electronic monitoring devices.--
695     (6)  For any probationer or community controllee placed on
696electronic monitoring under s. 948.30(3), the Department of
697Corrections shall use a system of active electronic monitoring
698that identifies the location of a monitored offender and that
699can produce, upon request, reports or records of the offender's
700presence near or within a crime scene or prohibited area or the
701offender's departure from a specified geographic location.
702     Section 21.  Paragraph (k) is added to subsection (3) of
703section 948.15, Florida Statutes, to read:
704     948.15  Misdemeanor probation services.--
705     (3)  Any private entity providing services for the
706supervision of misdemeanor probationers must contract with the
707county in which the services are to be rendered. In a county
708with a population of less than 70,000, the county court judge,
709or the administrative judge of the county court in a county that
710has more than one county court judge, must approve the contract.
711Terms of the contract must state, but are not limited to:
712     (k)  Procedures for accessing criminal history records of
713probationers.
714
715In addition, the entity shall supply the chief judge's office
716with a quarterly report summarizing the number of offenders
717supervised by the private entity, payment of the required
718contribution under supervision or rehabilitation, and the number
719of offenders for whom supervision or rehabilitation will be
720terminated. All records of the entity must be open to inspection
721upon the request of the county, the court, the Auditor General,
722the Office of Program Policy Analysis and Government
723Accountability, or agents thereof.
724     Section 22.  Subsection (2) of section 948.30, Florida
725Statutes, is amended, and subsection (3) is added to said
726section, to read:
727     948.30  Additional terms and conditions of probation or
728community control for certain sex offenses.--Conditions imposed
729pursuant to this section do not require oral pronouncement at
730the time of sentencing and shall be considered standard
731conditions of probation or community control for offenders
732specified in this section.
733     (2)  Effective for a probationer or community controllee
734whose crime was committed on or after October 1, 1997, and who
735is placed on community control or sex offender probation for a
736violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145,
737in addition to any other provision of this section subsection,
738the court must impose the following conditions of probation or
739community control:
740     (a)  As part of a treatment program, participation at least
741annually in polygraph examinations to obtain information
742necessary for risk management and treatment and to reduce the
743sex offender's denial mechanisms. A polygraph examination must
744be conducted by a polygrapher trained specifically in the use of
745the polygraph for the monitoring of sex offenders, where
746available, and shall be paid for by the sex offender. The
747results of the polygraph examination shall not be used as
748evidence in court to prove that a violation of community
749supervision has occurred.
750     (b)  Maintenance of a driving log and a prohibition against
751driving a motor vehicle alone without the prior approval of the
752supervising officer.
753     (c)  A prohibition against obtaining or using a post office
754box without the prior approval of the supervising officer.
755     (d)  If there was sexual contact, a submission to, at the
756probationer's or community controllee's expense, an HIV test
757with the results to be released to the victim or the victim's
758parent or guardian.
759     (e)  Electronic monitoring when deemed necessary by the
760community control or probation officer and his or her
761supervisor, and ordered by the court at the recommendation of
762the Department of Corrections.
763     (3)  Effective for a probationer or community controllee
764whose crime was committed on or after September 1, 2005, and who
765is on community control or sex offender probation for a
766violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145,
767or who is designated a sexual predator under s. 775.21, in
768addition to any other provision of this section, the court shall
769order electronic monitoring as provided in s. 948.11(6).
770     Section 23.  Subsection (1) of section 1012.465, Florida
771Statutes, is amended to read:
772     1012.465  Background screening requirements for certain
773noninstructional school district employees and contractors.--
774     (1)  Noninstructional school district employees or
775contractual personnel who are permitted access on school grounds
776when students are present, who have direct contact with
777students, or who have access to or control of school funds must
778meet level 2 screening requirements as described in s. 1012.32.
779Contractual personnel shall include any vendor, individual, or
780entity under contract with the school board.
781     Section 24.  The Office of Program Policy Analysis and
782Governmental Accountability shall perform a study of the
783effectiveness of Florida's sexual predator and sexual offender
784registration process and community and public notification
785provisions. As part of determining the effectiveness of the
786registration process, the OPPAGA shall examine the current
787practices of the Department of Corrections, county probation
788offices, clerks of court, court administrators, county jails and
789booking facilities, the Department of Children and Family
790Services, judges, state attorneys' offices, the Department of
791Highway Safety and Motor Vehicles, the Department of Law
792Enforcement, and local law enforcement agencies as they relate
793to: sharing of offender information regarding registered sexual
794predators and sexual offenders for purposes of fulfilling the
795requirements set forth in the registration laws; ensuring the
796most current and comprehensive information is provided in a
797timely manner to the registry; ensuring the effective
798supervision and subsequent monitoring of sexual predators and
799offenders; and ensuring informed decisions are made at each
800point of the criminal justice and registration process. In
801addition to determining the effectiveness of the registration
802process, the report shall focus on the question of whether the
803notification provisions are sufficient to apprise communities of
804the presence of sexual predators and sexual offenders. The
805report shall examine how local law enforcement agencies collect
806and disseminate information in an effort to notify the public
807and communities of the presence of sexual predators and
808offenders. If the report finds deficiencies in the registration
809process, the notification provisions, or both, the report shall
810provide options for correcting those deficiencies and shall
811include the projected cost of implementing those options. In
812conducting the study, the Office of Program Policy Analysis and
813Governmental Accountability shall consult with the Florida
814Council Against Sexual Violence and the Florida Association for
815the Treatment of Sexual Abusers in addition to other interested
816entities that may offer experiences and perspectives unique to
817this area of research. The report shall be submitted to the
818President of the Senate and the Speaker of the House of
819Representatives at 3-year intervals with the initial report
820being due on January 1, 2006.
821     Section 25.  If any provision of this act or its
822application to any person or circumstance is held invalid, the
823invalidity does not affect other provisions or applications of
824the act that can be given effect without the invalid provision
825or application, and to this end the provisions of this act are
826declared severable.
827     Section 26.  This act shall take effect September 1, 2005.
828
829================= T I T L E  A M E N D M E N T =================
830     On page 55, line 2, through page 59, line 27, remove all of
831said lines and insert:
832
A bill to be entitled
833An act relating to sexual predators and sexual offenders;
834providing a popular name; amending s. 216.136, F.S.;
835assigning an additional responsibility to the Criminal
836Justice Estimating Conference; amending s. 775.082, F.S.;
837providing for specified sentencing of persons convicted of
838the life felony offense in s. 800.04(5)(b), F.S.; creating
839s. 775.0821, F.S.; creating a felony offense for removing,
840altering, or failing to maintain an electronic monitoring
841device for the purpose of committing a crime; providing
842criminal penalties; amending s. 775.21, F.S.; revising
843criteria for sexual predator designation; requiring
844certain notification of sentence; providing for electronic
845monitoring; extending period for petition to remove sexual
846predator designation; creating s. 775.235, F.S.;
847prohibiting the harboring of a sexual predator or sexual
848offender; providing criminal penalties; amending s.
849800.04, F.S.; providing that it is a life felony for an
850offender 18 years of age or older to commit lewd or
851lascivious molestation against a victim younger than 12
852years of age; amending s. 921.0022, F.S.; revising ranking
853for certain offenses involving sexual predators and sexual
854offenders failing to comply with registration
855requirements; ranking offenses involving sexual predators
856and sexual offenders failing to comply with registration
857and other requirements; amending s. 921.141, F.S.;
858creating an aggravating circumstance pertaining to sexual
859predators for purposes of imposing the death penalty;
860amending s. 943.043, F.S.; requiring the Department of
861Corrections to share information with local law
862enforcement agencies to assist in determining the
863potential whereabouts of registered sexual predators and
864sexual offenders; amending s. 943.0435, F.S.; revising
865provisions relating to sexual offender registration;
866creating s. 943.04352, F.S.; requiring a search of the
867sexual offender and sexual predator registry by entities
868providing probation services; amending s. 944.606, F.S.;
869requiring the Department of Corrections to provide
870information regarding electronic monitoring to the
871Department of Law Enforcement; amending s. 944.607, F.S.;
872requiring sexual offenders sentenced to electronic
873monitoring to provide such information to the Department
874of Corrections and for such department to provide that
875information to the Department of Law Enforcement; amending
876s. 947.1405, F.S.; requiring sexual offenders and sexual
877predators on conditional release to be placed on
878electronic monitoring; requiring the Parole Commission to
879order sexual offenders and sexual predators on conditional
880release to be returned to prison until expiration of
881sentence for any material violation of supervision;
882creating s. 947.1406, F.S.; providing requirements for
883electronic monitoring of sexual offenders and sexual
884predators on conditional release; amending s. 948.06,
885F.S.; requiring electronic monitoring for any violation of
886probation or community control supervision by certain
887offenders and sexual predators; creating s. 948.061, F.S.;
888requiring the Department of Corrections to develop a risk
889assessment and alert system to monitor certain offenders
890placed on probation or community control; authorizing the
891department to adopt rules; requiring the department to
892have fingerprint-reading equipment and capability by a
893specified date; amending s. 948.11, F.S.; providing
894requirements for electronic monitoring of sexual offenders
895and sexual predators on community control or probation;
896amending s. 948.30, F.S.; requiring sexual offenders and
897sexual predators on community control or probation to be
898placed on electronic monitoring; requiring a study by the
899Office of Program Policy Analysis and Governmental
900Accountability on the effectiveness of Florida's sexual
901predator and sexual offender registration process and
902community and public notification provisions; providing
903for severability; providing an effective date.


CODING: Words stricken are deletions; words underlined are additions.
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