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Amendment CaShTmL-803170.HTM
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1877, 1st Eng.
                        Barcode 803170
                            CHAMBER ACTION
              Senate                               House
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       04/21/2005 05:45 PM         .                    
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11  Senator Argenziano moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  This act may be cited as the "Jessica
18  Lunsford Act."
19         Section 2.  Paragraph (a) of subsection (5) of section
20  216.136, Florida Statutes, is amended to read:
21         216.136  Consensus estimating conferences; duties and
22  principals.--
23         (5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
24         (a)  Duties.--The Criminal Justice Estimating
25  Conference shall:
26         1.  Develop such official information relating to the
27  criminal justice system, including forecasts of prison
28  admissions and population and of supervised felony offender
29  admissions and population, as the conference determines is
30  needed for the state planning and budgeting system.
31         2.  Develop such official information relating to the
                                  1
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 number of eligible discharges and the projected number of 2 civil commitments for determining space needs pursuant to the 3 civil proceedings provided under part V of chapter 394. 4 3. Develop official information relating to the number 5 of sexual offenders and sexual predators who are required by 6 law to be placed on community control, probation, or 7 conditional release who are subject to electronic monitoring. 8 In addition, the Office of Economic and Demographic Research 9 shall study the factors relating to the sentencing of sex 10 offenders from the point of arrest through the imposition of 11 sanctions by the sentencing court, including original charges, 12 plea negotiations, trial dispositions, and sanctions. The 13 Department of Corrections, the Office of the State Courts 14 Administrator, the Florida Department of Law Enforcement, and 15 the State Attorneys shall provide information deemed necessary 16 for the study. The final report shall be provided to the 17 President of the Senate and Speaker of the House by March 1, 18 2006. 19 Section 3. Paragraph (b) of subsection (4), paragraph 20 (l) of subsection (6), subsection (8), and subsection (10) of 21 section 775.21, Florida Statutes, are amended to read: 22 775.21 The Florida Sexual Predators Act.-- 23 (4) SEXUAL PREDATOR CRITERIA.-- 24 (b) In order to be counted as a prior felony for 25 purposes of this subsection, the felony must have resulted in 26 a conviction sentenced separately, or an adjudication of 27 delinquency entered separately, prior to the current offense 28 and sentenced or adjudicated separately from any other felony 29 conviction that is to be counted as a prior felony. If the 30 offender's prior enumerated felony was committed more than 10 31 years before the primary offense, it shall not be considered a 2 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 prior felony under this subsection if the offender has not 2 been convicted of any other crime for a period of 10 3 consecutive years from the most recent date of release from 4 confinement, supervision, or sanction, whichever is later. 5 (6) REGISTRATION.-- 6 (l) A sexual predator must maintain registration with 7 the department for the duration of his or her life, unless the 8 sexual predator has received a full pardon or has had a 9 conviction set aside in a postconviction proceeding for any 10 offense that met the criteria for the sexual predator 11 designation. However, a sexual predator who was designated as 12 a sexual predator by a court before October 1, 1998, and who 13 has been lawfully released from confinement, supervision, or 14 sanction, whichever is later, for at least 10 years and has 15 not been arrested for any felony or misdemeanor offense since 16 release, may petition the criminal division of the circuit 17 court in the circuit in which the sexual predator resides for 18 the purpose of removing the sexual predator designation. A 19 sexual predator who was designated a sexual predator by a 20 court on or after October 1, 1998, who has been lawfully 21 released from confinement, supervision, or sanction, whichever 22 is later, for at least 20 years, and who has not been arrested 23 for any felony or misdemeanor offense since release may 24 petition the criminal division of the circuit court in the 25 circuit in which the sexual predator resides for the purpose 26 of removing the sexual predator designation. A sexual predator 27 who was designated as a sexual predator by a court on or after 28 September 1, 2005, who has been lawfully released from 29 confinement, supervision, or sanction, whichever is later, for 30 at least 30 years, and who has not been arrested for any 31 felony or misdemeanor offense since release may petition the 3 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 criminal division of the circuit court in the circuit in which 2 the sexual predator resides for the purpose of removing the 3 sexual predator designation. The court may grant or deny such 4 relief if the petitioner demonstrates to the court that he or 5 she has not been arrested for any crime since release, the 6 requested relief complies with the provisions of the federal 7 Jacob Wetterling Act, as amended, and any other federal 8 standards applicable to the removal of the designation as a 9 sexual predator or required to be met as a condition for the 10 receipt of federal funds by the state, and the court is 11 otherwise satisfied that the petitioner is not a current or 12 potential threat to public safety. The state attorney in the 13 circuit in which the petition is filed must be given notice of 14 the petition at least 3 weeks before the hearing on the 15 matter. The state attorney may present evidence in opposition 16 to the requested relief or may otherwise demonstrate the 17 reasons why the petition should be denied. If the court denies 18 the petition, the court may set a future date at which the 19 sexual predator may again petition the court for relief, 20 subject to the standards for relief provided in this 21 paragraph. Unless specified in the order, a sexual predator 22 who is granted relief under this paragraph must comply with 23 the requirements for registration as a sexual offender and 24 other requirements provided under s. 943.0435 or s. 944.607. 25 If a petitioner obtains an order from the court that imposed 26 the order designating the petitioner as a sexual predator 27 which removes such designation, the petitioner shall forward a 28 certified copy of the written findings or order to the 29 department in order to have the sexual predator designation 30 removed from the sexual predator registry. 31 4 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 The sheriff shall promptly provide to the department the 2 information received from the sexual predator. 3 (8) VERIFICATION.--The department and the Department 4 of Corrections shall implement a system for verifying the 5 addresses of sexual predators. The system must be consistent 6 with the provisions of the federal Jacob Wetterling Act, as 7 amended, and any other federal standards applicable to such 8 verification or required to be met as a condition for the 9 receipt of federal funds by the state. The Department of 10 Corrections shall verify the addresses of sexual predators who 11 are not incarcerated but who reside in the community under the 12 supervision of the Department of Corrections. County and local 13 law enforcement agencies, in conjunction with the department, 14 shall verify the addresses of sexual predators who are not 15 under the care, custody, control, or supervision of the 16 Department of Corrections. 17 (a) A sexual predator must report in person each year 18 during the month of the sexual predator's birthday and during 19 the sixth month following the sexual predator's birth month to 20 the sheriff's office in the county in which he or she resides 21 or is otherwise located to reregister. The sheriff's office 22 may determine the appropriate times and days for reporting by 23 the sexual predator, which shall be consistent with the 24 reporting requirements of this paragraph. Reregistration shall 25 include any changes to the following information: 26 1. Name; social security number; age; race; sex; date 27 of birth; height; weight; hair and eye color; address of any 28 permanent residence and address of any current temporary 29 residence, within the state or out of state, including a rural 30 route address and a post office box; date and place of any 31 employment; vehicle make, model, color, and license tag 5 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 number; fingerprints; and photograph. A post office box shall 2 not be provided in lieu of a physical residential address. 3 2. If the sexual predator is enrolled, employed, or 4 carrying on a vocation at an institution of higher education 5 in this state, the sexual predator shall also provide to the 6 department the name, address, and county of each institution, 7 including each campus attended, and the sexual predator's 8 enrollment or employment status. 9 3. If the sexual predator's place of residence is a 10 motor vehicle, trailer, mobile home, or manufactured home, as 11 defined in chapter 320, the sexual predator shall also provide 12 vehicle identification number; the license tag number; the 13 registration number; and a description, including color 14 scheme, of the motor vehicle, trailer, mobile home, or 15 manufactured home. If the sexual predator's place of residence 16 is a vessel, live-aboard vessel, or houseboat, as defined in 17 chapter 327, the sexual predator shall also provide the hull 18 identification number; the manufacturer's serial number; the 19 name of the vessel, live-aboard vessel, or houseboat; the 20 registration number; and a description, including color 21 scheme, of the vessel, live-aboard vessel, or houseboat. 22 (b) The sheriff's office shall, within 2 working days, 23 electronically submit and update all information provided by 24 the sexual predator to the department in a manner prescribed 25 by the department. This procedure shall be implemented by 26 December 1, 2005. 27 (10) PENALTIES.--. 28 (a) Except as otherwise specifically provided, a 29 sexual predator who fails to register; who fails, after 30 registration, to maintain, acquire, or renew a driver's 31 license or identification card; who fails to provide required 6 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 location information or change-of-name information; who fails 2 to make a required report in connection with vacating a 3 permanent residence; who fails to reregister as required; who 4 fails to respond to any address verification correspondence 5 from the department within three weeks of the date of the 6 correspondence; or who otherwise fails, by act or omission, to 7 comply with the requirements of this section, commits a felony 8 of the third degree, punishable as provided in s. 775.082, s. 9 775.083, or s. 775.084. 10 (b) A sexual predator who has been convicted of or 11 found to have committed, or has pled nolo contendere or guilty 12 to, regardless of adjudication, any violation, or attempted 13 violation, of s. 787.01, s. 787.02, or s. 787.025, where the 14 victim is a minor and the defendant is not the victim's 15 parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 16 796.03; s. 800.04; s. 827.071; s. 847.0133; or s. 847.0145, or 17 a violation of a similar law of another jurisdiction, when the 18 victim of the offense was a minor, and who works, whether for 19 compensation or as a volunteer, at any business, school, day 20 care center, park, playground, or other place where children 21 regularly congregate, commits a felony of the third degree, 22 punishable as provided in s. 775.082, s. 775.083, or s. 23 775.084. 24 (c) Any person who misuses public records information 25 relating to a sexual predator, as defined in this section, or 26 a sexual offender, as defined in s. 943.0435 or s. 944.607, to 27 secure a payment from such a predator or offender; who 28 knowingly distributes or publishes false information relating 29 to such a predator or offender which the person misrepresents 30 as being public records information; or who materially alters 31 public records information with the intent to misrepresent the 7 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 information, including documents, summaries of public records 2 information provided by law enforcement agencies, or public 3 records information displayed by law enforcement agencies on 4 websites or provided through other means of communication, 5 commits a misdemeanor of the first degree, punishable as 6 provided in s. 775.082 or s. 775.083. 7 (d) A sexual predator who commits any act or omission 8 in violation of this section may be prosecuted for the act or 9 omission in the county in which the act or omission was 10 committed, the county of the last registered address of the 11 sexual predator, or the county in which the conviction 12 occurred for the offense or offenses that meet the criteria 13 for designating a person as a sexual predator. In addition, a 14 sexual predator may be prosecuted for any such act or omission 15 in the county in which he or she was designated a sexual 16 predator. 17 (e) An arrest on charges of failure to register, the 18 service of an information or a complaint for a violation of 19 this section, or an arraignment on charges for a violation of 20 this section constitutes actual notice of the duty to register 21 when the predator has been provided and advised of his or her 22 statutory obligation to register under subsection (6). A 23 sexual predator's failure to immediately register as required 24 by this section following such arrest, service, or arraignment 25 constitutes grounds for a subsequent charge of failure to 26 register. A sexual predator charged with the crime of failure 27 to register who asserts, or intends to assert, a lack of 28 notice of the duty to register as a defense to a charge of 29 failure to register shall immediately register as required by 30 this section. A sexual predator who is charged with a 31 subsequent failure to register may not assert the defense of a 8 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 lack of notice of the duty to register. 2 (f) Registration following such arrest, service, or 3 arraignment is not a defense and does not relieve the sexual 4 predator of criminal liability for the failure to register. 5 (g) Any person who has reason to believe that a sexual 6 predator is not complying, or has not complied, with the 7 requirements of this section and who, with the intent to 8 assist the sexual predator in eluding a law enforcement agency 9 that is seeking to find the sexual predator to question the 10 sexual predator about, or to arrest the sexual predator for, 11 his or her noncompliance with the requirements of this 12 section: 13 1. Withholds information from, or does not notify, the 14 law enforcement agency about the sexual predator's 15 noncompliance with the requirements of this section, and, if 16 known, the whereabouts of the sexual predator; 17 2. Harbors, or attempts to harbor, or assists another 18 person in harboring or attempting to harbor, the sexual 19 predator; 20 3. Conceals or attempts to conceal, or assists another 21 person in concealing or attempting to conceal, the sexual 22 predator; or 23 4. Provides information to the law enforcement agency 24 regarding the sexual predator which the person knows to be 25 false information, 26 27 commits a felony of the third degree, punishable as provided 28 in s. 775.082, s. 775.083, or s. 775.084. This paragraph does 29 not apply if the sexual predator is incarcerated in or is in 30 the custody of a state correctional facility, a private 31 correctional facility, a local jail, or a federal correctional 9 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 facility. 2 Section 4. Paragraph (a) of subsection (3) of section 3 775.082, Florida Statutes, is amended to read: 4 775.082 Penalties; applicability of sentencing 5 structures; mandatory minimum sentences for certain 6 reoffenders previously released from prison.-- 7 (3) A person who has been convicted of any other 8 designated felony may be punished as follows: 9 (a)1. For a life felony committed prior to October 1, 10 1983, by a term of imprisonment for life or for a term of 11 years not less than 30. 12 2. For a life felony committed on or after October 1, 13 1983, by a term of imprisonment for life or by a term of 14 imprisonment not exceeding 40 years. 15 3. Except as provided in subparagraph 4., for a life 16 felony committed on or after July 1, 1995, by a term of 17 imprisonment for life or by imprisonment for a term of years 18 not exceeding life imprisonment. 19 4. For a life felony committed on or after September 20 1, 2005, which is a violation of s. 800.04(5)(b), by: 21 a. A term of imprisonment for life; or 22 b. A split sentence that is a term of not less than 25 23 years imprisonment and not exceeding life imprisonment, 24 followed by probation or community control for the remainder 25 of the person's natural life, as provided in s. 948.012(4). 26 Section 5. Paragraph (b) of subsection (5) of section 27 800.04, Florida Statutes, is amended to read: 28 800.04 Lewd or lascivious offenses committed upon or 29 in the presence of persons less than 16 years of age.-- 30 (5) LEWD OR LASCIVIOUS MOLESTATION.-- 31 (b) An offender 18 years of age or older who commits 10 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 lewd or lascivious molestation against a victim less than 12 2 years of age commits a life felony of the first degree, 3 punishable as provided in s. 775.082(3)(a)4. s. 775.082, s. 4 775.083, or s. 775.084. 5 Section 6. Paragraphs (f), (g), and (i) of subsection 6 (3) of section 921.0022, Florida Statutes, are amended to 7 read: 8 921.0022 Criminal Punishment Code; offense severity 9 ranking chart.-- 10 (3) OFFENSE SEVERITY RANKING CHART 11 12 Florida Felony 13 Statute Degree Description 14 15 16 (f) LEVEL 6 17 316.193(2)(b) 3rd Felony DUI, 4th or subsequent 18 conviction. 19 499.0051(3) 2nd Forgery of pedigree papers. 20 499.0051(4) 2nd Purchase or receipt of legend 21 drug from unauthorized person. 22 499.0051(5) 2nd Sale of legend drug to 23 unauthorized person. 24 775.0875(1) 3rd Taking firearm from law 25 enforcement officer. 26 775.21(10) 3rd Sexual predators; failure to 27 register; failure to renew 28 driver's license or 29 identification card. 30 784.021(1)(a) 3rd Aggravated assault; deadly weapon 31 without intent to kill. 11 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 784.021(1)(b) 3rd Aggravated assault; intent to 2 commit felony. 3 784.041 3rd Felony battery. 4 784.048(3) 3rd Aggravated stalking; credible 5 threat. 6 784.048(5) 3rd Aggravated stalking of person 7 under 16. 8 784.07(2)(c) 2nd Aggravated assault on law 9 enforcement officer. 10 784.074(1)(b) 2nd Aggravated assault on sexually 11 violent predators facility staff. 12 784.08(2)(b) 2nd Aggravated assault on a person 65 13 years of age or older. 14 784.081(2) 2nd Aggravated assault on specified 15 official or employee. 16 784.082(2) 2nd Aggravated assault by detained 17 person on visitor or other 18 detainee. 19 784.083(2) 2nd Aggravated assault on code 20 inspector. 21 787.02(2) 3rd False imprisonment; restraining 22 with purpose other than those in 23 s. 787.01. 24 790.115(2)(d) 2nd Discharging firearm or weapon on 25 school property. 26 790.161(2) 2nd Make, possess, or throw 27 destructive device with intent to 28 do bodily harm or damage 29 property. 30 790.164(1) 2nd False report of deadly explosive, 31 weapon of mass destruction, or 12 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 act of arson or violence to state 2 property. 3 790.19 2nd Shooting or throwing deadly 4 missiles into dwellings, vessels, 5 or vehicles. 6 794.011(8)(a) 3rd Solicitation of minor to 7 participate in sexual activity by 8 custodial adult. 9 794.05(1) 2nd Unlawful sexual activity with 10 specified minor. 11 800.04(5)(d) 3rd Lewd or lascivious molestation; 12 victim 12 years of age or older 13 but less than 16 years; offender 14 less than 18 years. 15 800.04(6)(b) 2nd Lewd or lascivious conduct; 16 offender 18 years of age or 17 older. 18 806.031(2) 2nd Arson resulting in great bodily 19 harm to firefighter or any other 20 person. 21 810.02(3)(c) 2nd Burglary of occupied structure; 22 unarmed; no assault or battery. 23 812.014(2)(b)1. 2nd Property stolen $20,000 or more, 24 but less than $100,000, grand 25 theft in 2nd degree. 26 812.015(9) 2nd Retail theft; property stolen 27 $300 or more; second or 28 subsequent conviction. 29 812.13(2)(c) 2nd Robbery, no firearm or other 30 weapon (strong-arm robbery). 31 13 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 817.034(4)(a)1. 1st Communications fraud, value 2 greater than $50,000. 3 817.4821(5) 2nd Possess cloning paraphernalia 4 with intent to create cloned 5 cellular telephones. 6 825.102(1) 3rd Abuse of an elderly person or 7 disabled adult. 8 825.102(3)(c) 3rd Neglect of an elderly person or 9 disabled adult. 10 825.1025(3) 3rd Lewd or lascivious molestation of 11 an elderly person or disabled 12 adult. 13 825.103(2)(c) 3rd Exploiting an elderly person or 14 disabled adult and property is 15 valued at less than $20,000. 16 827.03(1) 3rd Abuse of a child. 17 827.03(3)(c) 3rd Neglect of a child. 18 827.071(2)&(3) 2nd Use or induce a child in a sexual 19 performance, or promote or direct 20 such performance. 21 836.05 2nd Threats; extortion. 22 836.10 2nd Written threats to kill or do 23 bodily injury. 24 843.12 3rd Aids or assists person to escape. 25 847.0135(3) 3rd Solicitation of a child, via a 26 computer service, to commit an 27 unlawful sex act. 28 914.23 2nd Retaliation against a witness, 29 victim, or informant, with bodily 30 injury. 31 14 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 943.0435(9) 3rd Sex offenders; failure to comply 2 with reporting requirements. 3 944.35(3)(a)2. 3rd Committing malicious battery upon 4 or inflicting cruel or inhuman 5 treatment on an inmate or 6 offender on community 7 supervision, resulting in great 8 bodily harm. 9 944.40 2nd Escapes. 10 944.46 3rd Harboring, concealing, aiding 11 escaped prisoners. 12 944.47(1)(a)5. 2nd Introduction of contraband 13 (firearm, weapon, or explosive) 14 into correctional facility. 15 951.22(1) 3rd Intoxicating drug, firearm, or 16 weapon introduced into county 17 facility. 18 (g) LEVEL 7 19 316.027(1)(b) 2nd Accident involving death, failure 20 to stop; leaving scene. 21 316.193(3)(c)2. 3rd DUI resulting in serious bodily 22 injury. 23 316.1935(3)(b) 1st Causing serious bodily injury or 24 death to another person; driving 25 at high speed or with wanton 26 disregard for safety while 27 fleeing or attempting to elude 28 law enforcement officer who is in 29 a patrol vehicle with siren and 30 lights activated. 31 15 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 327.35(3)(c)2. 3rd Vessel BUI resulting in serious 2 bodily injury. 3 402.319(2) 2nd Misrepresentation and negligence 4 or intentional act resulting in 5 great bodily harm, permanent 6 disfiguration, permanent 7 disability, or death. 8 409.920(2) 3rd Medicaid provider fraud. 9 456.065(2) 3rd Practicing a health care 10 profession without a license. 11 456.065(2) 2nd Practicing a health care 12 profession without a license 13 which results in serious bodily 14 injury. 15 458.327(1) 3rd Practicing medicine without a 16 license. 17 459.013(1) 3rd Practicing osteopathic medicine 18 without a license. 19 460.411(1) 3rd Practicing chiropractic medicine 20 without a license. 21 461.012(1) 3rd Practicing podiatric medicine 22 without a license. 23 462.17 3rd Practicing naturopathy without a 24 license. 25 463.015(1) 3rd Practicing optometry without a 26 license. 27 464.016(1) 3rd Practicing nursing without a 28 license. 29 465.015(2) 3rd Practicing pharmacy without a 30 license. 31 16 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 466.026(1) 3rd Practicing dentistry or dental 2 hygiene without a license. 3 467.201 3rd Practicing midwifery without a 4 license. 5 468.366 3rd Delivering respiratory care 6 services without a license. 7 483.828(1) 3rd Practicing as clinical laboratory 8 personnel without a license. 9 483.901(9) 3rd Practicing medical physics 10 without a license. 11 484.013(1)(c) 3rd Preparing or dispensing optical 12 devices without a prescription. 13 484.053 3rd Dispensing hearing aids without a 14 license. 15 494.0018(2) 1st Conviction of any violation of 16 ss. 494.001-494.0077 in which the 17 total money and property 18 unlawfully obtained exceeded 19 $50,000 and there were five or 20 more victims. 21 560.123(8)(b)1. 3rd Failure to report currency or 22 payment instruments exceeding 23 $300 but less than $20,000 by 24 money transmitter. 25 560.125(5)(a) 3rd Money transmitter business by 26 unauthorized person, currency or 27 payment instruments exceeding 28 $300 but less than $20,000. 29 655.50(10)(b)1. 3rd Failure to report financial 30 transactions exceeding $300 but 31 less than $20,000 by financial 17 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 institution. 2 775.21(10)(a) 3rd Sexual predator; failure to 3 register; failure to renew 4 driver's license or 5 identification card; other 6 registration violations. 7 775.21(10)(b) 3rd Sexual predator working where 8 children regularly congregate. 9 775.21(10)(g) 3rd Failure to report or providing 10 false information about a sexual 11 predator; harbor or conceal a 12 sexual predator. 13 782.051(3) 2nd Attempted felony murder of a 14 person by a person other than the 15 perpetrator or the perpetrator of 16 an attempted felony. 17 782.07(1) 2nd Killing of a human being by the 18 act, procurement, or culpable 19 negligence of another 20 (manslaughter). 21 782.071 2nd Killing of human being or viable 22 fetus by the operation of a motor 23 vehicle in a reckless manner 24 (vehicular homicide). 25 782.072 2nd Killing of a human being by the 26 operation of a vessel in a 27 reckless manner (vessel 28 homicide). 29 784.045(1)(a)1. 2nd Aggravated battery; intentionally 30 causing great bodily harm or 31 disfigurement. 18 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 784.045(1)(a)2. 2nd Aggravated battery; using deadly 2 weapon. 3 784.045(1)(b) 2nd Aggravated battery; perpetrator 4 aware victim pregnant. 5 784.048(4) 3rd Aggravated stalking; violation of 6 injunction or court order. 7 784.048(7) 3rd Aggravated stalking; violation of 8 court order. 9 784.07(2)(d) 1st Aggravated battery on law 10 enforcement officer. 11 784.074(1)(a) 1st Aggravated battery on sexually 12 violent predators facility staff. 13 784.08(2)(a) 1st Aggravated battery on a person 65 14 years of age or older. 15 784.081(1) 1st Aggravated battery on specified 16 official or employee. 17 784.082(1) 1st Aggravated battery by detained 18 person on visitor or other 19 detainee. 20 784.083(1) 1st Aggravated battery on code 21 inspector. 22 790.07(4) 1st Specified weapons violation 23 subsequent to previous conviction 24 of s. 790.07(1) or (2). 25 790.16(1) 1st Discharge of a machine gun under 26 specified circumstances. 27 790.165(2) 2nd Manufacture, sell, possess, or 28 deliver hoax bomb. 29 790.165(3) 2nd Possessing, displaying, or 30 threatening to use any hoax bomb 31 while committing or attempting to 19 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 commit a felony. 2 790.166(3) 2nd Possessing, selling, using, or 3 attempting to use a hoax weapon 4 of mass destruction. 5 790.166(4) 2nd Possessing, displaying, or 6 threatening to use a hoax weapon 7 of mass destruction while 8 committing or attempting to 9 commit a felony. 10 796.03 2nd Procuring any person under 16 11 years for prostitution. 12 800.04(5)(c)1. 2nd Lewd or lascivious molestation; 13 victim less than 12 years of age; 14 offender less than 18 years. 15 800.04(5)(c)2. 2nd Lewd or lascivious molestation; 16 victim 12 years of age or older 17 but less than 16 years; offender 18 18 years or older. 19 806.01(2) 2nd Maliciously damage structure by 20 fire or explosive. 21 810.02(3)(a) 2nd Burglary of occupied dwelling; 22 unarmed; no assault or battery. 23 810.02(3)(b) 2nd Burglary of unoccupied dwelling; 24 unarmed; no assault or battery. 25 810.02(3)(d) 2nd Burglary of occupied conveyance; 26 unarmed; no assault or battery. 27 812.014(2)(a)1. 1st Property stolen, valued at 28 $100,000 or more; property stolen 29 while causing other property 30 damage; 1st degree grand theft. 31 20 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 812.014(2)(b)2. 2nd Property stolen, cargo valued at 2 less than $50,000, grand theft in 3 2nd degree. 4 812.014(2)(b)3. 2nd Property stolen, emergency 5 medical equipment; 2nd degree 6 grand theft. 7 812.0145(2)(a) 1st Theft from person 65 years of age 8 or older; $50,000 or more. 9 812.019(2) 1st Stolen property; initiates, 10 organizes, plans, etc., the theft 11 of property and traffics in 12 stolen property. 13 812.131(2)(a) 2nd Robbery by sudden snatching. 14 812.133(2)(b) 1st Carjacking; no firearm, deadly 15 weapon, or other weapon. 16 817.234(8)(a) 2nd Solicitation of motor vehicle 17 accident victims with intent to 18 defraud. 19 817.234(9) 2nd Organizing, planning, or 20 participating in an intentional 21 motor vehicle collision. 22 817.234(11)(c) 1st Insurance fraud; property value 23 $100,000 or more. 24 817.2341(2)(b)& 25 (3)(b) 1st Making false entries of material 26 fact or false statements 27 regarding property values 28 relating to the solvency of an 29 insuring entity which are a 30 significant cause of the 31 insolvency of that entity. 21 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 825.102(3)(b) 2nd Neglecting an elderly person or 2 disabled adult causing great 3 bodily harm, disability, or 4 disfigurement. 5 825.103(2)(b) 2nd Exploiting an elderly person or 6 disabled adult and property is 7 valued at $20,000 or more, but 8 less than $100,000. 9 827.03(3)(b) 2nd Neglect of a child causing great 10 bodily harm, disability, or 11 disfigurement. 12 827.04(3) 3rd Impregnation of a child under 16 13 years of age by person 21 years 14 of age or older. 15 837.05(2) 3rd Giving false information about 16 alleged capital felony to a law 17 enforcement officer. 18 838.015 2nd Bribery. 19 838.016 2nd Unlawful compensation or reward 20 for official behavior. 21 838.021(3)(a) 2nd Unlawful harm to a public 22 servant. 23 838.22 2nd Bid tampering. 24 872.06 2nd Abuse of a dead human body. 25 893.13(1)(c)1. 1st Sell, manufacture, or deliver 26 cocaine (or other drug prohibited 27 under s. 893.03(1)(a), (1)(b), 28 (1)(d), (2)(a), (2)(b), or 29 (2)(c)4.) within 1,000 feet of a 30 child care facility, school, or 31 state, county, or municipal park 22 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 or publicly owned recreational 2 facility or community center. 3 893.13(1)(e)1. 1st Sell, manufacture, or deliver 4 cocaine or other drug prohibited 5 under s. 893.03(1)(a), (1)(b), 6 (1)(d), (2)(a), (2)(b), or 7 (2)(c)4., within 1,000 feet of 8 property used for religious 9 services or a specified business 10 site. 11 893.13(4)(a) 1st Deliver to minor cocaine (or 12 other s. 893.03(1)(a), (1)(b), 13 (1)(d), (2)(a), (2)(b), or 14 (2)(c)4. drugs). 15 893.135(1)(a)1. 1st Trafficking in cannabis, more 16 than 25 lbs., less than 2,000 17 lbs. 18 893.135 19 (1)(b)1.a. 1st Trafficking in cocaine, more than 20 28 grams, less than 200 grams. 21 893.135 22 (1)(c)1.a. 1st Trafficking in illegal drugs, 23 more than 4 grams, less than 14 24 grams. 25 893.135 26 (1)(d)1. 1st Trafficking in phencyclidine, 27 more than 28 grams, less than 200 28 grams. 29 893.135(1)(e)1. 1st Trafficking in methaqualone, more 30 than 200 grams, less than 5 31 kilograms. 23 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 893.135(1)(f)1. 1st Trafficking in amphetamine, more 2 than 14 grams, less than 28 3 grams. 4 893.135 5 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 6 grams or more, less than 14 7 grams. 8 893.135 9 (1)(h)1.a. 1st Trafficking in 10 gamma-hydroxybutyric acid (GHB), 11 1 kilogram or more, less than 5 12 kilograms. 13 893.135 14 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 15 kilogram or more, less than 5 16 kilograms. 17 893.135 18 (1)(k)2.a. 1st Trafficking in Phenethylamines, 19 10 grams or more, less than 200 20 grams. 21 896.101(5)(a) 3rd Money laundering, financial 22 transactions exceeding $300 but 23 less than $20,000. 24 896.104(4)(a)1. 3rd Structuring transactions to evade 25 reporting or registration 26 requirements, financial 27 transactions exceeding $300 but 28 less than $20,000. 29 943.0435(4)(c) 2nd Sexual offender vacating 30 permanent residence; failure to 31 comply with reporting 24 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 requirements. 2 943.0435(8) 2nd Sexual offender; remains in state 3 after indicating intent to leave; 4 failure to comply with reporting 5 requirements. 6 943.0435(9)(a) 3rd Sexual offender; failure to 7 comply with reporting 8 requirements. 9 943.0435(13) 3rd Failure to report or providing 10 false information about a sexual 11 offender; harbor or conceal a 12 sexual offender. 13 943.0435(14) 3rd Sexual offender; failure to 14 report and reregister; failure to 15 respond to address verification. 16 944.607(9) 3rd Sexual offender; failure to 17 comply with reporting 18 requirements. 19 944.607(10)(a) 3rd Sexual offender; failure to 20 submit to the taking of a 21 digitized photograph. 22 944.607(12) 3rd Failure to report or providing 23 false information about a sexual 24 offender; harbor or conceal a 25 sexual offender. 26 944.607(13) 3rd Sexual offender; failure to 27 report and reregister; failure to 28 respond to address verification. 29 (i) LEVEL 9 30 316.193 31 (3)(c)3.b. 1st DUI manslaughter; failing to 25 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 render aid or give information. 2 327.35(3)(c)3.b. 1st BUI manslaughter; failing to 3 render aid or give information. 4 499.0053 1st Sale or purchase of contraband 5 legend drugs resulting in great 6 bodily harm. 7 560.123(8)(b)3. 1st Failure to report currency or 8 payment instruments totaling or 9 exceeding $100,000 by money 10 transmitter. 11 560.125(5)(c) 1st Money transmitter business by 12 unauthorized person, currency, or 13 payment instruments totaling or 14 exceeding $100,000. 15 655.50(10)(b)3. 1st Failure to report financial 16 transactions totaling or 17 exceeding $100,000 by financial 18 institution. 19 775.0844 1st Aggravated white collar crime. 20 782.04(1) 1st Attempt, conspire, or solicit to 21 commit premeditated murder. 22 782.04(3) 1st,PBL Accomplice to murder in 23 connection with arson, sexual 24 battery, robbery, burglary, and 25 other specified felonies. 26 782.051(1) 1st Attempted felony murder while 27 perpetrating or attempting to 28 perpetrate a felony enumerated in 29 s. 782.04(3). 30 782.07(2) 1st Aggravated manslaughter of an 31 elderly person or disabled adult. 26 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or 2 reward or as a shield or hostage. 3 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit 4 or facilitate commission of any 5 felony. 6 787.01(1)(a)4. 1st,PBL Kidnapping with intent to 7 interfere with performance of any 8 governmental or political 9 function. 10 787.02(3)(a) 1st False imprisonment; child under 11 age 13; perpetrator also commits 12 aggravated child abuse, sexual 13 battery, or lewd or lascivious 14 battery, molestation, conduct, or 15 exhibition. 16 790.161 1st Attempted capital destructive 17 device offense. 18 790.166(2) 1st,PBL Possessing, selling, using, or 19 attempting to use a weapon of 20 mass destruction. 21 794.011(2) 1st Attempted sexual battery; victim 22 less than 12 years of age. 23 794.011(2) Life Sexual battery; offender younger 24 than 18 years and commits sexual 25 battery on a person less than 12 26 years. 27 794.011(4) 1st Sexual battery; victim 12 years 28 or older, certain circumstances. 29 794.011(8)(b) 1st Sexual battery; engage in sexual 30 conduct with minor 12 to 18 years 31 by person in familial or 27 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 custodial authority. 2 800.04(5)(b) Life 1st Lewd or lascivious molestation; 3 victim less than 12 years; 4 offender 18 years or older. 5 812.13(2)(a) 1st,PBL Robbery with firearm or other 6 deadly weapon. 7 812.133(2)(a) 1st,PBL Carjacking; firearm or other 8 deadly weapon. 9 812.135(2)(b) 1st Home-invasion robbery with 10 weapon. 11 817.568(7) 2nd,PBL Fraudulent use of personal 12 identification information of an 13 individual under the age of 18 by 14 his or her parent, legal 15 guardian, or person exercising 16 custodial authority. 17 827.03(2) 1st Aggravated child abuse. 18 847.0145(1) 1st Selling, or otherwise 19 transferring custody or control, 20 of a minor. 21 847.0145(2) 1st Purchasing, or otherwise 22 obtaining custody or control, of 23 a minor. 24 859.01 1st Poisoning or introducing 25 bacteria, radioactive materials, 26 viruses, or chemical compounds 27 into food, drink, medicine, or 28 water with intent to kill or 29 injure another person. 30 893.135 1st Attempted capital trafficking 31 offense. 28 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 893.135(1)(a)3. 1st Trafficking in cannabis, more 2 than 10,000 lbs. 3 893.135 4 (1)(b)1.c. 1st Trafficking in cocaine, more than 5 400 grams, less than 150 6 kilograms. 7 893.135 8 (1)(c)1.c. 1st Trafficking in illegal drugs, 9 more than 28 grams, less than 30 10 kilograms. 11 893.135 12 (1)(d)1.c. 1st Trafficking in phencyclidine, 13 more than 400 grams. 14 893.135 15 (1)(e)1.c. 1st Trafficking in methaqualone, more 16 than 25 kilograms. 17 893.135 18 (1)(f)1.c. 1st Trafficking in amphetamine, more 19 than 200 grams. 20 893.135 21 (1)(h)1.c. 1st Trafficking in 22 gamma-hydroxybutyric acid (GHB), 23 10 kilograms or more. 24 893.135 25 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 26 kilograms or more. 27 893.135 28 (1)(k)2.c. 1st Trafficking in Phenethylamines, 29 400 grams or more. 30 896.101(5)(c) 1st Money laundering, financial 31 instruments totaling or exceeding 29 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 $100,000. 2 896.104(4)(a)3. 1st Structuring transactions to evade 3 reporting or registration 4 requirements, financial 5 transactions totaling or 6 exceeding $100,000. 7 Section 7. Paragraph (o) is added to subsection (5) of 8 section 921.141, Florida Statutes, to read: 9 921.141 Sentence of death or life imprisonment for 10 capital felonies; further proceedings to determine sentence.-- 11 (5) AGGRAVATING CIRCUMSTANCES.--Aggravating 12 circumstances shall be limited to the following: 13 (o) The capital felony was committed by a person 14 designated as a sexual predator pursuant to s. 775.21 or a 15 person previously designated as a sexual predator who had the 16 sexual-predator designation removed. 17 Section 8. Subsection (5) is added to section 943.043, 18 Florida Statutes, to read: 19 943.043 Toll-free telephone number; Internet 20 notification; sexual predator and sexual offender 21 information.-- 22 (5) In an effort to ensure that sexual predators and 23 sexual offenders who fail to respond to address-verification 24 attempts or who otherwise abscond from registration are 25 located in a timely manner, the department shall share 26 information with local law enforcement agencies. The 27 department shall use analytical resources to assist local law 28 enforcement agencies to determine the potential whereabouts of 29 any sexual predator or sexual offender who fails to respond to 30 address-verification attempts or who otherwise absconds from 31 registration. The department shall review and analyze all 30 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 available information concerning any such predator or offender 2 who fails to respond to address-verification attempts or who 3 otherwise absconds from registration and provide the 4 information to local law enforcement agencies in order to 5 assist the agencies in locating and apprehending the sexual 6 predator or sexual offender. 7 Section 9. Subsections (13) and (14) are added to 8 section 943.0435, Florida Statutes, to read: 9 943.0435 Sexual offenders required to register with 10 the department; penalty.-- 11 (13) Any person who has reason to believe that a 12 sexual offender is not complying, or has not complied, with 13 the requirements of this section and who, with the intent to 14 assist the sexual offender in eluding a law enforcement agency 15 that is seeking to find the sexual offender to question the 16 sexual offender about, or to arrest the sexual offender for, 17 his or her noncompliance with the requirements of this 18 section: 19 1. Withholds information from, or does not notify, the 20 law enforcement agency about the sexual offender's 21 noncompliance with the requirements of this section, and, if 22 known, the whereabouts of the sexual offender; 23 2. Harbors, or attempts to harbor, or assists another 24 person in harboring or attempting to harbor, the sexual 25 offender; or 26 3. Conceals or attempts to conceal, or assists another 27 person in concealing or attempting to conceal, the sexual 28 offender; or 29 4. Provides information to the law enforcement agency 30 regarding the sexual offender that the person knows to be 31 false information, 31 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 2 commits a felony of the third degree, punishable as provided 3 in s. 775.082, s. 775.083, or s. 775.084. 4 (14)(a) A sexual offender must report in person each 5 year during the month of the sexual offender's birthday and 6 during the sixth month following the sexual offender's birth 7 month to the sheriff's office in the county in which he or she 8 resides or is otherwise located to reregister. The sheriff's 9 office may determine the appropriate times and days for 10 reporting by the sexual offender, which shall be consistent 11 with the reporting requirements of this paragraph. 12 Reregistration shall include any changes to the following 13 information: 14 1. Name; social security number; age; race; sex; date 15 of birth; height; weight; hair and eye color; address of any 16 permanent residence and address of any current temporary 17 residence, within the state or out of state, including a rural 18 route address and a post office box; date and place of any 19 employment; vehicle make, model, color, and license tag 20 number; fingerprints; and photograph. A post office box shall 21 not be provided in lieu of a physical residential address. 22 2. If the sexual offender is enrolled, employed, or 23 carrying on a vocation at an institution of higher education 24 in this state, the sexual offender shall also provide to the 25 department the name, address, and county of each institution, 26 including each campus attended, and the sexual offender's 27 enrollment or employment status. 28 3. If the sexual offender's place of residence is a 29 motor vehicle, trailer, mobile home, or manufactured home, as 30 defined in chapter 320, the sexual offender shall also provide 31 vehicle identification number; the license tag number; the 32 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 registration number; and a description, including color 2 scheme, of the motor vehicle, trailer, mobile home, or 3 manufactured home. If the sexual offender's place of residence 4 is a vessel, live-aboard vessel, or houseboat, as defined in 5 chapter 327, the sexual offender shall also provide the hull 6 identification number; the manufacturer's serial number; the 7 name of the vessel, live-aboard vessel, or houseboat; the 8 registration number; and a description, including color 9 scheme, of the vessel, live-aboard vessel or houseboat. 10 4. Any sexual offender who fails to report in person 11 as required at the sheriff's office, or who fails to respond 12 to any address verification correspondence from the department 13 within three weeks of the date of the correspondence, commits 14 a felony of the third degree, punishable as provided in s. 15 775.082, s. 775.083, or s. 775.084. 16 (b) The sheriff's office shall, within 2 working days, 17 electronically submit and update all information provided by 18 the sexual offender to the department in a manner prescribed 19 by the department. This procedure shall be implemented by 20 December 1, 2005. 21 Section 10. Section 943.04352, Florida Statutes, is 22 created to read: 23 943.04352 Search of registration information regarding 24 sexual predators and sexual offenders required when placement 25 on misdemeanor probation.--When the court places a defendant 26 on misdemeanor probation pursuant to ss. 948.01 and 948.15, 27 the public or private entity providing probation services must 28 conduct a search of the probationer's name or other 29 identifying information against the registration information 30 regarding sexual predators and sexual offenders maintained by 31 the Department of Law Enforcement under s. 943.043. The 33 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 probation services provider may conduct the search using the 2 Internet site maintained by the Department of Law Enforcement. 3 Section 11. Subsections (12) and (13) are added to 4 section 944.607, Florida Statutes, to read: 5 944.607 Notification to Department of Law Enforcement 6 of information on sexual offenders.-- 7 (12) Any person who has reason to believe that a 8 sexual offender is not complying, or has not complied, with 9 the requirements of this section and who, with the intent to 10 assist the sexual offender in eluding a law enforcement agency 11 that is seeking to find the sexual offender to question the 12 sexual offender about, or to arrest the sexual offender for, 13 his or her noncompliance with the requirements of this 14 section: 15 1. Withholds information from, or does not notify, the 16 law enforcement agency about the sexual offender's 17 non-compliance with the requirements of this section, and, if 18 known, the whereabouts of the sexual offender; 19 2. Harbors, or attempts to harbor, or assists another 20 person in harboring or attempting to harbor, the sexual 21 offender; or 22 3. Conceals or attempts to conceal, or assists another 23 person in concealing or attempting to conceal, the sexual 24 offender; or 25 4. Provides information to the law enforcement agency 26 regarding the sexual offender which the person knows to be 27 false information, 28 29 commits a felony of the third degree, punishable as provided 30 in s. 775.082, s. 775.083, or s. 775.084. This subsection does 31 not apply if the sexual offender is incarcerated in or is in 34 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 the custody of a state correctional facility, a private 2 correctional facility, a local jail, or a federal correctional 3 facility. 4 (13)(a) A sexual offender must report in person each 5 year during the month of the sexual offender's birthday and 6 during the sixth month following the sexual offender's birth 7 month to the sheriff's office in the county in which he or she 8 resides or is otherwise located to reregister. The sheriff's 9 office may determine the appropriate times and days for 10 reporting by the sexual offender, which shall be consistent 11 with the reporting requirements of this paragraph. 12 Reregistration shall include any changes to the following 13 information: 14 1. Name; social security number; age; race; sex; date 15 of birth; height; weight; hair and eye color; address of any 16 permanent residence and address of any current temporary 17 residence, within the state or out of state, including a rural 18 route address and a post office box; date and place of any 19 employment; vehicle make, model, color, and license tag 20 number; fingerprints; and photograph. A post office box shall 21 not be provided in lieu of a physical residential address. 22 2. If the sexual offender is enrolled, employed, or 23 carrying on a vocation at an institution of higher education 24 in this state, the sexual offender shall also provide to the 25 department the name, address, and county of each institution, 26 including each campus attended, and the sexual offender's 27 enrollment or employment status. 28 3. If the sexual offender's place of residence is a 29 motor vehicle, trailer, mobile home, or manufactured home, as 30 defined in chapter 320, the sexual offender shall also provide 31 vehicle identification number; the license tag number; the 35 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 registration number; and a description, including color 2 scheme, of the motor vehicle, trailer, mobile home, or 3 manufactured home. If the sexual offender's place of residence 4 is a vessel, live-aboard vessel, or houseboat, as defined in 5 chapter 327, the sexual offender shall also provide the hull 6 identification number; the manufacturer's serial number; the 7 name of the vessel, live-aboard vessel, or houseboat; the 8 registration number; and a description, including color 9 scheme, of the vessel, live-aboard vessel, or houseboat. 10 4. Any sexual offender who fails to report in person 11 as required at the sheriff's office, or who fails to respond 12 to any address verification correspondence from the department 13 within three weeks of the date of the correspondence, commits 14 a felony of the third degree, punishable as provided in s. 15 775.082, s. 775.083, and s. 775.084. 16 (b) The sheriff's office shall, within 2 working days, 17 electronically submit and update all information provided by 18 the sexual offender to the Florida Department of Law 19 Enforcement in a manner prescribed by the Florida Department 20 of Law Enforcement. This procedure shall be implemented by 21 December 1, 2005. 22 Section 12. Subsection (10) is added to section 23 947.1405, Florida Statutes, to read: 24 947.1405 Conditional release program.-- 25 (10) Effective for a releasee whose crime was 26 committed on or after September 1, 2005, in violation of 27 chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 28 847.0145, and the unlawful activity involved a victim who was 29 15 years of age or younger and the offender is 18 years of age 30 or older or for a releasee who is designated as a sexual 31 predator pursuant to s. 775.21, in addition to any other 36 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 provision of this section, the commission must order 2 electronic monitoring for the duration of the releasee's 3 supervision. 4 Section 13. Subsection (4) of section 948.06, Florida 5 Statutes, is amended to read: 6 948.06 Violation of probation or community control; 7 revocation; modification; continuance; failure to pay 8 restitution or cost of supervision.-- 9 (4) Notwithstanding any other provision of this 10 section, a probationer or an offender in community control who 11 is arrested for violating his or her probation or community 12 control in a material respect may be taken before the court in 13 the county or circuit in which the probationer or offender was 14 arrested. That court shall advise him or her of such charge of 15 a violation and, if such charge is admitted, shall cause him 16 or her to be brought before the court which granted the 17 probation or community control. If such violation is not 18 admitted by the probationer or offender, the court may commit 19 him or her or release him or her with or without bail to await 20 further hearing. However, if the probationer or offender is 21 under supervision for any criminal offense proscribed in 22 chapter 794, s. 800.04(4), s. 800.04(5), s. 800.04(6), s. 23 827.071, or s. 847.0145, or is a registered sexual predator or 24 a registered sexual offender, or is under supervision for a 25 criminal offense for which he or she would meet the 26 registration criteria in s. 775.21, s. 943.0435, or s. 944.607 27 but for the effective date of those sections, the court must 28 make a finding that the probationer or offender is not a 29 danger to the public prior to release with or without bail. In 30 determining the danger posed by the offender or probationer's 31 release, the court may consider the nature and circumstances 37 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 of the violation and any new offenses charged; the offender or 2 probationer's past and present conduct, including convictions 3 of crimes; any record of arrests without conviction for crimes 4 involving violence or sexual crimes; any other evidence of 5 allegations of unlawful sexual conduct or the use of violence 6 by the offender or probationer; the offender or probationer's 7 family ties, length of residence in the community, employment 8 history, and mental condition; his or her history and conduct 9 during the probation or community control supervision from 10 which the violation arises and any other previous 11 supervisions, including disciplinary records of previous 12 incarcerations; the likelihood that the offender or 13 probationer will engage again in a criminal course of conduct; 14 the weight of the evidence against the offender or 15 probationer; and any other facts the court considers relevant. 16 The court, as soon as is practicable, shall give the 17 probationer or offender an opportunity to be fully heard on 18 his or her behalf in person or by counsel. After such hearing, 19 the court shall make findings of fact and forward the findings 20 to the court which granted the probation or community control 21 and to the probationer or offender or his or her attorney. The 22 findings of fact by the hearing court are binding on the court 23 which granted the probation or community control. Upon the 24 probationer or offender being brought before it, the court 25 which granted the probation or community control may revoke, 26 modify, or continue the probation or community control or may 27 place the probationer into community control as provided in 28 this section. 29 Section 14. Subsection 948.012, Florida Statutes, is 30 amended to read: 31 948.012 Split sentence of probation or community 38 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 control and imprisonment.-- 2 (1) Whenever punishment by imprisonment for a 3 misdemeanor or a felony, except for a capital felony, is 4 prescribed, the court, in its discretion, may, at the time of 5 sentencing, impose a split sentence whereby the defendant is 6 to be placed on probation or, with respect to any such felony, 7 into community control upon completion of any specified period 8 of such sentence which may include a term of years or less. In 9 such case, the court shall stay and withhold the imposition of 10 the remainder of sentence imposed upon the defendant and 11 direct that the defendant be placed upon probation or into 12 community control after serving such period as may be imposed 13 by the court. The period of probation or community control 14 shall commence immediately upon the release of the defendant 15 from incarceration, whether by parole or gain-time allowances. 16 (2) The court may also impose a split sentence whereby 17 the defendant is sentenced to a term of probation which may be 18 followed by a period of incarceration or, with respect to a 19 felony, into community control, as follows: 20 (a) If the offender meets the terms and conditions of 21 probation or community control, any term of incarceration may 22 be modified by court order to eliminate the term of 23 incarceration. 24 (b) If the offender does not meet the terms and 25 conditions of probation or community control, the court may 26 revoke, modify, or continue the probation or community control 27 as provided in s. 948.06. If the probation or community 28 control is revoked, the court may impose any sentence that it 29 could have imposed at the time the offender was placed on 30 probation or community control. The court may not provide 31 credit for time served for any portion of a probation or 39 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 community control term toward a subsequent term of probation 2 or community control. However, the court may not impose a 3 subsequent term of probation or community control which, when 4 combined with any amount of time served on preceding terms of 5 probation or community control for offenses pending before the 6 court for sentencing, would exceed the maximum penalty 7 allowable as provided in s. 775.082. Such term of 8 incarceration shall be served under applicable law or county 9 ordinance governing service of sentences in state or county 10 jurisdiction. This paragraph does not prohibit any other 11 sanction provided by law. 12 (3) The court may also impose split probation whereby, 13 upon satisfactory completion of half the term of probation, 14 the Department of Corrections may place the offender on 15 administrative probation for the remainder of the term of 16 supervision. 17 (4) Effective for offenses committed on or after 18 September 1, 2005, the court must impose a split sentence 19 pursuant to subsection (1) for any person who is convicted of 20 a life felony for lewd and lascivious molestation pursuant to 21 s. 800.04(5)(b) if the court imposes a term of years in 22 accordance with s. 775.082(3)4.b. rather than life 23 imprisonment. The probation or community control portion of 24 the split sentence imposed by the court for a defendant must 25 extend for the duration of the defendant's natural life and 26 include a condition that he or she be electronically 27 monitored. 28 Section 15. Section 948.061, Florida Statutes, is 29 created to read: 30 948.061 Identifying, assessing, and monitoring 31 high-risk sex offenders on community supervision; providing 40 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 cumulative criminal and supervision histories on the 2 Internet.-- 3 (1) By December 1, 2005, the department shall develop 4 a graduated risk assessment that identifies, assesses, and 5 closely monitors a high-risk sex offender who is placed on 6 probation or in community control and who: 7 (a) Has previously been placed on probation or in 8 community control and has a history of committing multiple 9 violations of community supervision in this state or in any 10 other jurisdiction or have previously been incarcerated in 11 this state or in any other jurisdiction; and 12 (b) Has experienced more than one of the following 13 risk factors that could potentially make the offender more 14 likely to pose a danger to others: 15 1. Previous conviction for domestic violence; 16 2. History of substance abuse; 17 3. Unemployment or substantial financial difficulties; 18 4. Previous conviction for violence or sex acts 19 against children, particularly involving strangers; or 20 5. Any other risk factor identified by the department. 21 (2) To facilitate the information available to the 22 court at first appearance hearings and at all subsequent 23 hearings for these high-risk sex offenders, the department 24 shall, no later than March 1, 2006, post on FDLE's Criminal 25 Justice Intranet a cumulative chronology of the sex offender's 26 prior terms of state probation and community control, 27 including all substantive or technical violations of state 28 probation or community control. The county jail in the county 29 where the arrested person is booked shall insure that state 30 and national criminal history information and all criminal 31 justice information available in the Florida Crime Information 41 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 Center and the National Crime Information Center, is provided 2 to the court at the time of the first appearance. The courts 3 shall assist the department's dissemination of critical 4 information by creating and maintaining an automated system to 5 provide the information as specified in this subsection and by 6 providing the necessary technology in the courtroom to deliver 7 the information. 8 (3) In monitoring the location of high-risk sex 9 offenders, the department, shall, no later than October 1, 10 2006, have fingerprint-reading equipment and capability that 11 will immediately identify the probationer or community 12 controllee when they report to their designated probation 13 officer and alert department probation officials when 14 probationers and community controllees are subsequently 15 rearrested. 16 Section 16. Section 948.062, Florida Statutes, is 17 created to read: 18 948.062 Reviewing and reporting serious offenses 19 committed by offenders placed on probation or community 20 control.-- 21 (1) The department shall review the circumstances 22 related to an offender placed on probation or community 23 control who has been arrested while on supervision for the 24 following offenses: 25 (a) Any murder as provided in s. 782.04; 26 (b) Any sexual battery as provided in s. 794.011 or s. 27 794.023; 28 (c) Any sexual performance by a child as provided in 29 s. 827.071; 30 (d) Any kidnapping, false imprisonment, or luring of a 31 child as provided in s. 787.01, s. 782.07, or s. 787.025; 42 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 (e) Any lewd and lascivious battery or lewd and 2 lascivious molestation as provided in s. 800.04(4) or s. 3 800.04(5); 4 (f) Any aggravated child abuse as provided in s. 5 827.03(2); 6 (g) Any robbery with a firearm or other deadly weapon, 7 home invasion robbery, or carjacking as provided in s. 8 812.13(2)(a), s. 812.135, or s. 812.133; 9 (h) Any aggravated stalking as provided in s. 10 784.048(3), (4), or (5); 11 (i) Any forcible felony as provided in s. 776.08, 12 committed by any person on probation or community control who 13 is designated as a sexual predator; or 14 (j) Any DUI manslaughter as provided in s. 15 316.193(3)(c), or vehicular or vessel homicide as provided in 16 s. 782.071 or s. 787.072, committed by any person who is on 17 probation or community control for an offense involving death 18 or injury resulting from a driving incident. 19 (2) The department shall provide a statistical data 20 summary from these reviews to the Office of Program Policy 21 Analysis and Government Accountability. The Office of Program 22 Policy Analysis and Government Accountability shall analyze 23 this data and provide a written report to the President of the 24 Senate and the Speaker of the House of Representatives by 25 March 1, 2006. The report must include, at a minimum, any 26 identified systemic deficiencies in managing high-risk 27 offenders on community supervision; any patterns of 28 noncompliance by correctional probation officers; and 29 recommendations for improving the community supervision 30 program. 31 Section 17. Section 948.063, Florida Statutes, is 43 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 created to read: 2 948.063 Violations of probation or community control 3 by designated sexual offenders and sexual predators.--If 4 probation or community control is revoked by the court 5 pursuant to s. 948.06(2)(e) and the offender is designated as 6 a sexual offender or sexual predator pursuant to s. 775.21 for 7 unlawful sexual activity involving a victim 15 years of age or 8 younger and the offender is 18 years of age or older, and if 9 the court imposes a subsequent term of supervision following 10 the revocation of probation or community control, the court 11 must order electronic monitoring as a condition of the 12 subsequent term of probation or community control. 13 Section 18. Section 948.11, Florida Statutes, is 14 amended to read: 15 948.11 Electronic monitoring devices.-- 16 (1)(a) The Department of Corrections may, at its 17 discretion, electronically monitor an offender sentenced to 18 community control. 19 (b) The Department of Corrections shall electronically 20 monitor an offender sentenced to criminal quarantine community 21 control 24 hours per day. 22 (2) Any offender placed on community control who 23 violates the terms and conditions of community control and is 24 restored to community control may be supervised by means of an 25 electronic monitoring device or system. 26 (3) For those offenders being electronically 27 monitored, the Department of Corrections shall develop 28 procedures to determine, investigate, and report the 29 offender's noncompliance with the terms and conditions of 30 sentence 24 hours per day. All reports of noncompliance shall 31 be immediately investigated by a community control officer. 44 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 (4) The Department of Corrections may contract with 2 local law enforcement agencies to assist in the location and 3 apprehension of offenders who are in noncompliance as reported 4 by the electronic monitoring system. This contract is intended 5 to provide the department a means for providing immediate 6 investigation of noncompliance reports, especially after 7 normal office hours. 8 (5) Any person being electronically monitored by the 9 department as a result of placement on community control shall 10 be required to pay a surcharge as provided in s. 948.09(2). 11 (6) For probationers, community controllees, or 12 conditional releasees who have current or prior convictions 13 for violent or sexual offenses, the department, in carrying 14 out a court or commission order to electronically monitor an 15 offender, must use a system that actively monitors and 16 identifies the offender's location and timely reports or 17 records the offender's presence near or within a crime scene 18 or in a prohibited area or the offender's departure from 19 specified geographic limitations. Procurement of electronic 20 monitoring services under this subsection shall be by 21 invitation to bid as defined in s. 287.057. 22 (7) A person who intentionally alters, tampers with, 23 damages or destroys any electronic monitoring equipment 24 pursuant to court or commission order, unless such person is 25 the owner of the equipment, or an agent of the owner, 26 performing ordinary maintenance and repairs commits a felony 27 of the third degree, punishable as provided in s. 775.082, s. 28 775.083, or s. 775.084. 29 Section 19. Section 948.15, Florida Statutes, is 30 amended to read: 31 948.15 Misdemeanor probation services.-- 45 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 (1) Defendants found guilty of misdemeanors who are 2 placed on probation shall be under supervision not to exceed 6 3 months unless otherwise specified by the court. In relation 4 to any offense other than a felony in which the use of alcohol 5 is a significant factor, the period of probation may be up to 6 1 year. 7 (2) A private entity or public entity under the 8 supervision of the board of county commissioners or the court 9 may provide probation services for offenders sentenced by the 10 county court. 11 (3) Any private entity providing services for the 12 supervision of misdemeanor probationers must contract with the 13 county in which the services are to be rendered. In a county 14 with a population of less than 70,000, the county court judge, 15 or the administrative judge of the county court in a county 16 that has more than one county court judge, must approve the 17 contract. Terms of the contract must state, but are not 18 limited to: 19 (a) The extent of the services to be rendered by the 20 entity providing supervision or rehabilitation. 21 (b) Staff qualifications and criminal record checks of 22 staff in accordance with essential standards established by 23 the American Correctional Association as of January 1, 1991. 24 (c) Staffing levels. 25 (d) The number of face-to-face contacts with the 26 offender. 27 (e) Procedures for handling the collection of all 28 offender fees and restitution. 29 (f) Procedures for handling indigent offenders which 30 ensure placement irrespective of ability to pay. 31 (g) Circumstances under which revocation of an 46 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 offender's probation may be recommended. 2 (h) Reporting and recordkeeping requirements. 3 (i) Default and contract termination procedures. 4 (j) Procedures that aid offenders with job assistance. 5 (k) Procedures for accessing criminal history records 6 of probationers. 7 8 In addition, the entity shall supply the chief judge's office 9 with a quarterly report summarizing the number of offenders 10 supervised by the private entity, payment of the required 11 contribution under supervision or rehabilitation, and the 12 number of offenders for whom supervision or rehabilitation 13 will be terminated. All records of the entity must be open to 14 inspection upon the request of the county, the court, the 15 Auditor General, the Office of Program Policy Analysis and 16 Government Accountability, or agents thereof. 17 (4) A private entity that provides court-ordered 18 services to offenders and that charges a fee for such services 19 must register with the board of county commissioners in the 20 county in which the services are offered. The entity shall 21 provide the following information for each program it 22 operates: 23 (a) The length of time the program has been operating 24 in the county. 25 (b) A list of the staff and a summary of their 26 qualifications. 27 (c) A summary of the types of services that are 28 offered under the program. 29 (d) The fees the entity charges for court-ordered 30 services and its procedures, if any, for handling indigent 31 offenders. 47 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 (5) The private entity providing misdemeanor 2 supervision services shall also comply with all other 3 applicable provisions of law. 4 Section 20. Subsection (2) of section 948.30, Florida 5 Statutes, is amended and subsection (3) is added to that 6 section to read: 7 948.30 Additional terms and conditions of probation or 8 community control for certain sex offenses.--Conditions 9 imposed pursuant to this section do not require oral 10 pronouncement at the time of sentencing and shall be 11 considered standard conditions of probation or community 12 control for offenders specified in this section. 13 (2) Effective for a probationer or community 14 controllee whose crime was committed on or after October 1, 15 1997, and who is placed on community control or sex offender 16 probation for a violation of chapter 794, s. 800.04, s. 17 827.071, or s. 847.0145, in addition to any other provision of 18 this subsection, the court must impose the following 19 conditions of probation or community control: 20 (a) As part of a treatment program, participation at 21 least annually in polygraph examinations to obtain information 22 necessary for risk management and treatment and to reduce the 23 sex offender's denial mechanisms. A polygraph examination must 24 be conducted by a polygrapher trained specifically in the use 25 of the polygraph for the monitoring of sex offenders, where 26 available, and shall be paid for by the sex offender. The 27 results of the polygraph examination shall not be used as 28 evidence in court to prove that a violation of community 29 supervision has occurred. 30 (b) Maintenance of a driving log and a prohibition 31 against driving a motor vehicle alone without the prior 48 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 approval of the supervising officer. 2 (c) A prohibition against obtaining or using a post 3 office box without the prior approval of the supervising 4 officer. 5 (d) If there was sexual contact, a submission to, at 6 the probationer's or community controllee's expense, an HIV 7 test with the results to be released to the victim or the 8 victim's parent or guardian. 9 (e) Electronic monitoring when deemed necessary by the 10 community control or probation officer and his or her 11 supervisor, and ordered by the court at the recommendation of 12 the Department of Corrections. 13 (3) Effective for a probationer or community 14 controllee whose crime was committed on or after September 1, 15 2005, and who: 16 (a) Is placed on probation or community control for a 17 violation of chapter 794, s. 800.04(4), (5), or (6), s. 18 827.071, or s. 847.0145 and the unlawful sexual activity 19 involved a victim 15 years of age or younger and the offender 20 is 18 years of age or older; 21 (b) Is designated a sexual predator pursuant to s. 22 775.21; or 23 (c) Has previously been convicted of a violation of 24 chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 25 847.0145 and the unlawful sexual activity involved a victim 15 26 years of age or younger and the offender is 18 years of age or 27 older, 28 29 the court must order, in addition to any other provision of 30 this section, mandatory electronic monitoring as a condition 31 of the probation or community control supervision. 49 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 Section 21. Subsection (1) of section 1012.465, 2 Florida Statutes, is amended to read: 3 1012.465 Background screening requirements for certain 4 noninstructional school district employees and contractors.-- 5 (1) Noninstructional school district employees or 6 contractual personnel who are permitted access on school 7 grounds when students are present, who have direct contact 8 with students or who have access to or control of school funds 9 must meet level 2 screening requirements as described in s. 10 1012.32. Contractual personnel shall include any vendor, 11 individual, or entity under contract with the school board. 12 Section 22. (1)(a) There is created within the 13 Department of Law Enforcement a task force for the purpose of 14 examining the collection and dissemination of offender 15 information within the criminal justice system and community. 16 The task force shall recommend strategies and actions that may 17 be implemented to enhance coordination and cooperation among 18 the various entities within the criminal justice system with a 19 common goal of public safety. 20 (b) The task force shall consist of the membership of 21 the Criminal Justice Information Systems Council set forth in 22 section 943.06, Florida Statutes. 23 (2)(a) The task force shall study and take testimony 24 regarding: 25 1. The collection and dissemination of offender 26 information, including criminal history and any other 27 pertinent matters, to the court, the prosecuting attorney, and 28 defense counsel at first appearance hearings. 29 2. The collection and dissemination of offender 30 information, including criminal history and any other 31 pertinent matters, to the court, the prosecuting attorney and 50 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 defense counsel at all court appearances subsequent to first 2 appearance. 3 3. The collection and dissemination of offender 4 information, including criminal history and any other 5 pertinent matters, to county probation officers or officials. 6 4. Any other subject that the task force deems 7 relevant to the collection and dissemination of offender 8 information within the criminal justice system and community. 9 (b) The task force shall submit a preliminary draft 10 report of its findings and recommendations to the Governor, 11 the President of the Senate, and the Speaker of the House of 12 Representatives at least 45 days before the first day of the 13 2006 regular session of the Legislature. The final report 14 shall be filed with the Governor, the President of the Senate, 15 and the Speaker of the House of Representatives at least 30 16 days before the first day of the 2006 regular session. In 17 addition to the findings and recommendations included in the 18 final report, the report must include a draft of proposed 19 rules and proposed legislation for any recommendations 20 requiring proposed rules and proposed legislation. 21 (c) Each state agency shall fully cooperate with the 22 task force in the performance of its duties. 23 (3) All meetings of the task force and all business of 24 the task force for which reimbursement may be requested shall 25 be concluded before the final report is filed. The task force 26 is abolished July 1, 2006. 27 Section 23. The Office of Program Policy Analysis and 28 Governmental Accountability shall, every 3 years, perform a 29 study of the effectiveness of Florida's sexual predator and 30 sexual offender registration process and community and public 31 notification provisions. As part of determining the 51 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 effectiveness os the registration process, the OPPAGA shall 2 examine the current practices of: the Department of 3 Corrections, county probation offices, clerk of courts, court 4 administrators, county jails and booking facilities, 5 Department of Children and Family Services, judges, state 6 attorneys offices, Department of Highway Safety and Motor 7 Vehicles, Department of Law Enforcement, and local law 8 enforcement agencies as they relate to: sharing of offender 9 information regarding registered sexual predators and sexual 10 offenders for purposes of fulfilling the requirements set 11 fourth in the registration laws; ensuring the most accurate, 12 current and comprehensive information is provided in a timely 13 manner to the registry; ensuring the effective supervision and 14 subsequent monitoring of sexual predators and offenders; and 15 ensuring informed decisions are made at each point of the 16 criminal justice and registration process. In addition to 17 determining the effectiveness of the registration process, the 18 report shall focus on the question of whether the notification 19 provisions in statute are sufficient to apprise communities of 20 the presence of sexual predators and sexual offenders. The 21 report shall examine how local law enforcement agencies 22 collect and disseminate information in an effort to notify the 23 public and communities of the presence of sexual predators and 24 offenders. If the report finds deficiencies in the 25 registration process, the notification provisions, or both, 26 the report shall provide options for correcting those 27 deficiencies and shall include the projected cost of 28 implementing those options. In conducting the study, the 29 Office of Program Policy Analysis and Governmental 30 Accountability shall consult with the Florida Council Against 31 Sexual Violence and the Florida Association for the Treatment 52 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 of Sexual Abusers in addition to other interested entities 2 that may offer experiences and perspectives unique to this 3 area of research. The report shall be submitted to the 4 President of the Senate and the Speaker of the House of 5 Representatives by January 1, 2006. 6 Section 24. Four full-time positions are authorized 7 and the sum of $196,908 in recurring funds is appropriated 8 from the General Revenue Fund to the Department of Corrections 9 in salaries and benefits for the 2005-2006 fiscal year. The 10 sum of $15,840 in recurring funds is appropriated from the 11 General Revenue Fund to the Department of Corrections for 12 salary incentive payments for the 2005-2006 fiscal year. The 13 sums of $26,052 in recurring funds and $12,920 in nonrecurring 14 funds are appropriated from the General Revenue Fund to the 15 Department of Corrections for expenses for the 2005-2006 16 fiscal year. The sum of $121,114 in nonrecurring funds is 17 appropriated from the General Revenue Fund to the Department 18 of Corrections for other capital outlay for the 2005-2006 19 fiscal year. The sum of $3,169,530 in nonrecurring funds is 20 appropriated from the General Revenue Fund to the Department 21 of Corrections for fixed capital outlay for new prison beds, 22 and the sum of $164,673 in recurring funds is appropriated 23 from the General Revenue Fund to the Department of Corrections 24 for operating costs for the 2005-2006 fiscal year. 25 Section 25. The sum of $3,928,860 in recurring funds 26 is appropriated from the General Revenue Fund to the 27 Department of Corrections for the 2005-2006 fiscal year for 28 the purpose of increasing by 1,200 units the number of active 29 Global Positioning System electronic monitoring devices 30 available to the court when placing offenders on felony 31 probation or other forms of community supervision authorized 53 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 in chapters 948 and 947, Florida Statutes. Procurement of 2 electronic monitoring services under this act shall be by 3 invitation to bid as defined in section 287.057, Florida 4 Statutes. 5 Section 26. Nine full-time positions are authorized 6 and the sum of $389,905 in recurring funds is appropriated 7 from the General Revenue Fund to the Department of Law 8 Enforcement for salaries and benefits for the 2005-2006 fiscal 9 year. The sums of $58,617 in recurring funds and $77,070 in 10 nonrecurring funds are appropriated from the General Revenue 11 Fund to the Department of Law Enforcement for expenses for the 12 2005-2006 fiscal year. The sum of $94,200 in nonrecurring 13 funds is appropriated from the General Revenue Fund to the 14 Department of Law Enforcement for operating capital outlay for 15 the 2005-06 fiscal year. The sums of $143,000 in recurring 16 funds and $521,000 in nonrecurring funds are appropriated from 17 the General Revenue Fund to the Department of Law Enforcement 18 for other personal services for the 2005-2006 fiscal year. 19 Section 27. The sums of $509,500 in recurring funds 20 and $2,520,500 in nonrecurring funds are appropriated from the 21 General Revenue Fund to the Office of State Courts 22 Administrator for the 2005-2006 fiscal year for other data 23 processing services. 24 Section 28. This act shall take effect September 1, 25 2005. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 54 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 and insert: 2 A bill to be entitled 3 An act relating to high-risk offenders; 4 providing a short title; amending s. 216.136, 5 F.S.; assigning additional responsibilities of 6 the Criminal Justice Estimating Conference; 7 requiring a study; amending s. 775.21, F.S.; 8 revising sexual predator criteria; extending 9 the period for a petition to remove a sexual 10 predator designation; requiring twice yearly 11 reregistration by sexual predators; requiring 12 reregistration information be provided to the 13 Department of Law Enforcement; providing 14 criminal offenses for failing to reregister, 15 failing to respond to address verification, 16 failing to report or providing false 17 information about a sexual predator, and 18 harboring or concealing a sexual predator; 19 requiring twice yearly reregistration by sexual 20 predators; requiring reregistration information 21 be provided to the Department of Law 22 Enforcement; providing criminal offenses for 23 failing to reregister, failing to respond to 24 address verification, failing to report or 25 providing false information about a sexual 26 predator, and harboring or concealing a sexual 27 predator; amending s. 775.082, F.S.; providing 28 for specified sentencing of persons convicted 29 of the life felony offense in s. 800.04(5)(b), 30 F.S.; providing for 25-year mandatory minimum 31 term of imprisonment; amending s. 800.04, F.S.; 55 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 providing that it is a life felony for an 2 offender 18 years of age or older to commit 3 lewd or lascivious molestation against a victim 4 younger than 12 years of age; amending s. 5 921.0022, F.S.; deleting ranking for offenses 6 involving sexual predators and sexual offenders 7 failing to comply with registration 8 requirements; ranking offenses involving sexual 9 predators and sexual offenders failing to 10 comply with registration requirements and other 11 requirements; ranking new criminal offenses for 12 failing to reregister, failing to respond to 13 address verification, failing to report or 14 providing false information about a sexual 15 predator or sexual offender, and harboring or 16 concealing a sexual predator or sexual 17 offender; correcting a reference to the felony 18 degree of a lewd or lascivious offense; 19 amending s. 921.141, F.S.; providing an 20 additional aggravating circumstance pertaining 21 to sexual predators for the purpose of imposing 22 the death penalty; amending s. 943.043, F.S., 23 requiring the Department of Law Enforcement to 24 provide to local law enforcement agencies 25 information on sexual predators and sexual 26 offenders who fail to respond to address 27 verification attempts or abscond from 28 registration; amending s. 943.0435, F.S.; 29 requiring twice yearly reregistration by sexual 30 offenders; requiring reregistration information 31 be provided to the Department of Law 56 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 Enforcement; providing criminal offenses for 2 failing to reregister, failing to respond to 3 address verification, failing to report or 4 providing false information about a sexual 5 offender, and harboring or concealing a sexual 6 offender; creating s. 943.04352, F.S.; 7 requiring a search of the sexual offender and 8 sexual predator registry by entities providing 9 probation services; amending s. 944.607, F.S.; 10 requiring twice yearly reregistration by sexual 11 offenders; requiring reregistration information 12 be provided to the Department of Law 13 Enforcement; providing criminal offenses for 14 failing to reregister, failing to respond to 15 address verification, failing to report or 16 providing false information about a sexual 17 offender, and harboring or concealing a sexual 18 offender; amending s. 947.1405, F.S.; requiring 19 electronic monitoring for certain offenders 20 placed on conditional release supervision; 21 amending s. 948.06(4), F.S.; requiring a court 22 finding with regard to dangerousness to the 23 public prior to release on bail under certain 24 circumstances; amending s. 948.012, F.S.; 25 requiring the court to impose a split sentence 26 in certain circumstances; creating s. 948.061, 27 F.S.; requiring the Department of Corrections 28 to develop a risk assessment system to monitor 29 certain offenders placed on probation or 30 community control; requiring increased 31 supervision of such offenders under certain 57 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 circumstances; requiring that information be 2 provided via FDLE's Criminal Justice Intranet 3 to the court by the correctional probation 4 officer; requiring the court to assist the 5 department by creating and maintaining an 6 automated system; requiring the department to 7 have fingerprint reading equipment and 8 capability by October 1, 2006; creating s. 9 948.062, F.S.; requiring the Department of 10 Corrections to review the circumstances of 11 certain arrests of offenders on probation or 12 community control; requiring the Office of 13 Program Policy Analysis and Government 14 Accountability to analyze the reviews and 15 report to the President of the Senate and the 16 Speaker of the House of Representatives; 17 creating s. 948.063, F.S.; requiring the court 18 to order electronic monitoring for designated 19 sexual offenders and predators who violate 20 probation or community control; amending s. 21 948.11, F.S.; requiring the department to 22 develop and implement procedures to notify 23 certain officials on the availability of 24 electronic monitoring units; requiring the 25 department to use certain electronic monitoring 26 systems on high-risk offenders; prohibiting the 27 intentional altering, tampering, damaging or 28 destroying of any electronic monitoring 29 equipment; amending s. 948.15, F.S.; specifying 30 that the terms of the contract must contain 31 procedures for accessing criminal history 58 5:00 PM 04/21/05 h187703e1d-seg1-c5t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1877, 1st Eng. Barcode 803170 1 records concerning probationers; amending s. 2 948.30, F.S.; specifying additional conditions 3 for persons placed on community control; 4 requiring certain sex offenders and sexual 5 predators on probation or community control to 6 be placed on electronic monitoring; amending s. 7 1012.465(1), F.S.; clarifying background 8 screening requirements for contractual 9 personnel who have access on school grounds; 10 creating a task force within the Department of 11 Law Enforcement; requiring the task force to 12 examine the collection and dissemination of 13 offender information within the criminal 14 justice system and community; prescribing task 15 force membership; requiring that the task force 16 submit findings and recommendations to the 17 Governor and the Legislature; requiring 18 cooperation by state agencies; providing for 19 abolishing the task force on a specified date; 20 requiring the Office of Program Policy Analysis 21 and Governmental Accountability to perform a 22 study of and report to the Legislature on the 23 effectiveness of Florida's sexual predator and 24 sexual offender registries and community and 25 public notification provisions; providing 26 appropriations and authorizing positions; 27 providing an effective date. 28 29 30 31 59 5:00 PM 04/21/05 h187703e1d-seg1-c5t
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