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       Florida Senate - 2010                                    SB 2350
       
       
       
       By Senator Dockery
       
       
       
       
       15-01885A-10                                          20102350__
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; repealing s.
    3         16.07, F.S., relating to a prohibition on the Attorney
    4         General collecting any fee for defending any supposed
    5         offender; repealing s. 30.11, F.S., relating to a
    6         sheriff’s or deputy’s required place of residence;
    7         amending ss. 384.34 and 796.08, F.S.; removing
    8         references to conform to changes made by the act;
    9         amending s. 775.0877, F.S.; removing penalty
   10         provisions relating to criminal transmission of HIV;
   11         amending s. 893.13, F.S.; removing penalty provisions
   12         relating to obsolete community residential drug
   13         punishment centers; amending s. 921.187, F.S.;
   14         removing sentencing provisions relating to community
   15         residential drug punishment centers and quarantine of
   16         offenders convicted of criminal transmission of HIV;
   17         repealing s. 944.293, F.S., relating to initiation of
   18         restoration of civil rights; amending s. 948.001,
   19         F.S.; removing the definition of the term “criminal
   20         quarantine community control”; repealing s. 948.034,
   21         F.S., relating to community residential drug
   22         punishment centers; repealing s. 948.0345, F.S.,
   23         relating to community service alternative to fines;
   24         amending s. 948.04, F.S.; removing a reference to
   25         conform to changes made by the act; amending ss.
   26         948.101 and 948.11, F.S.; removing references to
   27         criminal quarantine community control; repealing s.
   28         957.125, F.S., relating to authorization for the
   29         Correctional Privatization Commission to contract for
   30         youthful offender correctional facilities; repealing
   31         s. 985.4891, F.S., relating to sheriff’s training and
   32         respect programs; amending ss. 958.046, 985.445,
   33         985.47, 985.483, 985.494, and 985.645, F.S.;
   34         conforming provisions to the repeal of s. 985.4891,
   35         F.S.; providing an effective date.
   36  
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 16.07, Florida Statutes, is repealed.
   40         Section 2. Section 30.11, Florida Statutes, is repealed.
   41         Section 3. Subsection (5) of section 384.34, Florida
   42  Statutes, is amended to read:
   43         384.34 Penalties.—
   44         (5) Any person who violates the provisions of s. 384.24(2)
   45  commits a felony of the third degree, punishable as provided in
   46  s. ss. 775.082, s. 775.083, or s. 775.084, and 775.0877(7). Any
   47  person who commits multiple violations of the provisions of s.
   48  384.24(2) commits a felony of the first degree, punishable as
   49  provided in s. ss. 775.082, s. 775.083, or s. 775.084, and
   50  775.0877(7).
   51         Section 4. Subsections (3) and (7) of section 775.0877,
   52  Florida Statutes, are amended to read:
   53         775.0877 Criminal transmission of HIV; procedures;
   54  penalties.—
   55         (3) An offender who has undergone HIV testing pursuant to
   56  subsection (1), and to whom positive test results have been
   57  disclosed pursuant to subsection (2), who commits a second or
   58  subsequent offense enumerated in paragraphs (1)(a)-(n), commits
   59  criminal transmission of HIV, a felony of the third degree,
   60  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
   61  subsection (7). A person may be convicted and sentenced
   62  separately for a violation of this subsection and for the
   63  underlying crime enumerated in paragraphs (1)(a)-(n).
   64         (7) In addition to any other penalty provided by law for an
   65  offense enumerated in paragraphs (1)(a)-(n), the court may
   66  require an offender convicted of criminal transmission of HIV to
   67  serve a term of criminal quarantine community control, as
   68  described in s. 948.001.
   69         Section 5. Subsection (5) of section 796.08, Florida
   70  Statutes, is amended to read:
   71         796.08 Screening for HIV and sexually transmissible
   72  diseases; providing penalties.—
   73         (5) A person who:
   74         (a) Commits or offers to commit prostitution; or
   75         (b) Procures another for prostitution by engaging in sexual
   76  activity in a manner likely to transmit the human
   77  immunodeficiency virus, and who, prior to the commission of such
   78  crime, had tested positive for human immunodeficiency virus and
   79  knew or had been informed that he or she had tested positive for
   80  human immunodeficiency virus and could possibly communicate such
   81  disease to another person through sexual activity commits
   82  criminal transmission of HIV, a felony of the third degree,
   83  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   84  or s. 775.0877(7). A person may be convicted and sentenced
   85  separately for a violation of this subsection and for the
   86  underlying crime of prostitution or procurement of prostitution.
   87         Section 6. Subsections (10), (11), and (12) of section
   88  893.13, Florida Statutes, are amended to read:
   89         893.13 Prohibited acts; penalties.—
   90         (10) Notwithstanding any provision of the sentencing
   91  guidelines or the Criminal Punishment Code to the contrary, on
   92  or after October 1, 1993, any defendant who:
   93         (a) Violates subparagraph (1)(a)1., subparagraph (1)(c)2.,
   94  subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
   95  (5)(a); and
   96         (b) Has not previously been convicted, regardless of
   97  whether adjudication was withheld, of any felony, other than a
   98  violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
   99  subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
  100  (5)(a),
  101  
  102  may be required by the court to successfully complete a term of
  103  probation pursuant to the terms and conditions set forth in s.
  104  948.034(1), in lieu of serving a term of imprisonment.
  105         (11) Notwithstanding any provision of the sentencing
  106  guidelines or the Criminal Punishment Code to the contrary, on
  107  or after January 1, 1994, any defendant who:
  108         (a) Violates subparagraph (1)(a)2., subparagraph (2)(a)2.,
  109  paragraph (5)(b), or paragraph (6)(a); and
  110         (b) Has not previously been convicted, regardless of
  111  whether adjudication was withheld, of any felony, other than a
  112  violation of subparagraph (1)(a)2., subparagraph (2)(a)2.,
  113  paragraph (5)(b), or paragraph (6)(a),
  114  
  115  may be required by the court to successfully complete a term of
  116  probation pursuant to the terms and conditions set forth in s.
  117  948.034(2), in lieu of serving a term of imprisonment.
  118         (10)(12) If a person violates any provision of this chapter
  119  and the violation results in a serious injury to a state or
  120  local law enforcement officer as defined in s. 943.10,
  121  firefighter as defined in s. 633.30, emergency medical
  122  technician as defined in s. 401.23, paramedic as defined in s.
  123  401.23, employee of a public utility or an electric utility as
  124  defined in s. 366.02, animal control officer as defined in s.
  125  828.27, volunteer firefighter engaged by state or local
  126  government, law enforcement officer employed by the Federal
  127  Government, or any other local, state, or Federal Government
  128  employee injured during the course and scope of his or her
  129  employment, the person commits a felony of the third degree,
  130  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  131  If the injury sustained results in death or great bodily harm,
  132  the person commits a felony of the second degree, punishable as
  133  provided in s. 775.082, s. 775.083, or s. 775.084.
  134         Section 7. Section 921.187, Florida Statutes, is amended to
  135  read:
  136         921.187 Disposition and sentencing; alternatives;
  137  restitution.—
  138         (1) The alternatives provided in this section for the
  139  disposition of criminal cases shall be used in a manner that
  140  will best serve the needs of society, punish criminal offenders,
  141  and provide the opportunity for rehabilitation.
  142         (a) If the offender does not receive a state prison
  143  sentence, the court may:
  144         (a)1. Impose a split sentence whereby the offender is to be
  145  placed on probation upon completion of any specified period of
  146  such sentence, which period may include a term of years or less.
  147         (b)2. Make any other disposition that is authorized by law.
  148         (c)3. Place the offender on probation with or without an
  149  adjudication of guilt pursuant to s. 948.01.
  150         (d)4. Impose a fine and probation pursuant to s. 948.011
  151  when the offense is punishable by both a fine and imprisonment
  152  and probation is authorized.
  153         (e)5. Place the offender into community control requiring
  154  intensive supervision and surveillance pursuant to chapter 948.
  155         (f)6. Impose, as a condition of probation or community
  156  control, a period of treatment which shall be restricted to a
  157  county facility, a Department of Corrections probation and
  158  restitution center, a probation program drug punishment
  159  treatment community, or a community residential or
  160  nonresidential facility, excluding a community correctional
  161  center as defined in s. 944.026, which is owned and operated by
  162  any qualified public or private entity providing such services.
  163  Before admission to such a facility, the court shall obtain an
  164  individual assessment and recommendations on the appropriate
  165  treatment needs, which shall be considered by the court in
  166  ordering such placements. Placement in such a facility, except
  167  for a county residential probation facility, may not exceed 364
  168  days. Placement in a county residential probation facility may
  169  not exceed 3 years. Early termination of placement may be
  170  recommended to the court, when appropriate, by the center
  171  supervisor, the supervising probation officer, or the probation
  172  program manager.
  173         (g)7. Sentence the offender pursuant to s. 922.051 to
  174  imprisonment in a county jail when a statute directs
  175  imprisonment in a state prison, if the offender’s cumulative
  176  sentence, whether from the same circuit or from separate
  177  circuits, is not more than 364 days.
  178         (h)8. Sentence the offender who is to be punished by
  179  imprisonment in a county jail to a jail in another county if
  180  there is no jail within the county suitable for such prisoner
  181  pursuant to s. 950.01.
  182         (i)9. Require the offender to participate in a work-release
  183  or educational or technical training program pursuant to s.
  184  951.24 while serving a sentence in a county jail, if such a
  185  program is available.
  186         (j)10. Require the offender to perform a specified public
  187  service pursuant to s. 775.091.
  188         (k)11. Require the offender who violates chapter 893 or
  189  violates any law while under the influence of a controlled
  190  substance or alcohol to participate in a substance abuse
  191  program.
  192         (l)1.12.a. Require the offender who violates any criminal
  193  provision of chapter 893 to pay an additional assessment in an
  194  amount up to the amount of any fine imposed, pursuant to ss.
  195  938.21 and 938.23.
  196         2.b. Require the offender who violates any provision of s.
  197  893.13 to pay an additional assessment in an amount of $100,
  198  pursuant to ss. 938.25 and 943.361.
  199         (m)13. Impose a split sentence whereby the offender is to
  200  be placed in a county jail or county work camp upon the
  201  completion of any specified term of community supervision.
  202         (n)14. Impose split probation whereby upon satisfactory
  203  completion of half the term of probation, the Department of
  204  Corrections may place the offender on administrative probation
  205  pursuant to s. 948.013 for the remainder of the term of
  206  supervision.
  207         (o)15. Require residence in a state probation and
  208  restitution center or private drug treatment program for
  209  offenders on community control or offenders who have violated
  210  conditions of probation.
  211         (p)16. Impose any other sanction which is provided within
  212  the community and approved as an intermediate sanction by the
  213  county public safety coordinating council as described in s.
  214  951.26.
  215         (q)17. Impose, as a condition of community control,
  216  probation, or probation following incarceration, a requirement
  217  that an offender who has not obtained a high school diploma or
  218  high school equivalency diploma or who lacks basic or functional
  219  literacy skills, upon acceptance by an adult education program,
  220  make a good faith effort toward completion of such basic or
  221  functional literacy skills or high school equivalency diploma,
  222  as defined in s. 1003.435, in accordance with the assessed adult
  223  general education needs of the individual offender.
  224         (b)1. Notwithstanding any provision of former s. 921.001 or
  225  s. 921.002 to the contrary, on or after October 1, 1993, the
  226  court may require any defendant who violates s. 893.13(1)(a)1.,
  227  (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and meets the criteria
  228  described in s. 893.13(10), to successfully complete a term of
  229  probation pursuant to the terms and conditions set forth in s.
  230  948.034(1), in lieu of serving a term of imprisonment.
  231         2. Notwithstanding any provision of former s. 921.001 or s.
  232  921.002 to the contrary, on or after October 1, 1993, the court
  233  may require any defendant who violates s. 893.13(1)(a)2.,
  234  (2)(a)2., (5)(b), or (6)(a), and meets the criteria described in
  235  s. 893.13(11), to successfully complete a term of probation
  236  pursuant to the terms and conditions set forth in s. 948.034(2),
  237  in lieu of serving a term of imprisonment.
  238         (2) In addition to any other penalty provided by law for an
  239  offense enumerated in s. 775.0877(1)(a)-(n), if the offender is
  240  convicted of criminal transmission of HIV pursuant to s.
  241  775.0877, the court may sentence the offender to criminal
  242  quarantine community control as described in s. 948.001.
  243         (2)(3) The court shall require an offender to make
  244  restitution under s. 775.089, unless the court finds clear and
  245  compelling reasons not to order such restitution. If the court
  246  does not order restitution, or orders restitution of only a
  247  portion of the damages, as provided in s. 775.089, the court
  248  shall state the reasons on the record in detail. An order
  249  requiring an offender to make restitution to a victim under s.
  250  775.089 does not remove or diminish the requirement that the
  251  court order payment to the Crimes Compensation Trust Fund under
  252  chapter 960.
  253         Section 8. Section 944.293, Florida Statutes, is repealed.
  254         Section 9. Subsections (4) through (10) of section 948.001,
  255  Florida Statutes, are redesignated as subsections (3) through
  256  (9), respectively, and subsection (3) of that section is amended
  257  to read:
  258         948.001 Definitions.—As used in this chapter, the term:
  259         (3) “Criminal quarantine community control” means intensive
  260  supervision, by officers with restricted caseloads, with a
  261  condition of 24-hour-per-day electronic monitoring, and a
  262  condition of confinement to a designated residence during
  263  designated hours.
  264         Section 10. Section 948.034, Florida Statutes, is repealed.
  265         Section 11. Section 948.0345, Florida Statutes, is
  266  repealed.
  267         Section 12. Subsection (1) of section 948.04, Florida
  268  Statutes, is amended to read:
  269         948.04 Period of probation; duty of probationer; early
  270  termination.—
  271         (1) Defendants found guilty of felonies who are placed on
  272  probation shall be under supervision not to exceed 2 years
  273  unless otherwise specified by the court. No defendant placed on
  274  probation pursuant to s. 948.012(1) or s. 948.034 is subject to
  275  the probation limitations of this subsection. A defendant who is
  276  placed on probation or community control for a violation of
  277  chapter 794 or chapter 827 is subject to the maximum level of
  278  supervision provided by the supervising agency, and that
  279  supervision shall continue through the full term of the court
  280  imposed probation or community control.
  281         Section 13. Section 948.101, Florida Statutes, is amended
  282  to read:
  283         948.101 Terms and conditions of community control and
  284  criminal quarantine community control.—
  285         (1) The court shall determine the terms and conditions of
  286  community control. Conditions specified in this subsection do
  287  not require oral pronouncement at the time of sentencing and may
  288  be considered standard conditions of community control.
  289         (a) The court shall require intensive supervision and
  290  surveillance for an offender placed into community control,
  291  which may include but is not limited to:
  292         (a)1. Specified contact with the parole and probation
  293  officer.
  294         (b)2. Confinement to an agreed-upon residence during hours
  295  away from employment and public service activities.
  296         (c)3. Mandatory public service.
  297         (d)4. Supervision by the Department of Corrections by means
  298  of an electronic monitoring device or system.
  299         (e)5. The standard conditions of probation set forth in s.
  300  948.03.
  301         (b) For an offender placed on criminal quarantine community
  302  control, the court shall require:
  303         1. Electronic monitoring 24 hours per day.
  304         2. Confinement to a designated residence during designated
  305  hours.
  306         (2) The enumeration of specific kinds of terms and
  307  conditions does not prevent the court from adding thereto any
  308  other terms or conditions that the court considers proper.
  309  However, the sentencing court may only impose a condition of
  310  supervision allowing an offender convicted of s. 794.011, s.
  311  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in
  312  another state if the order stipulates that it is contingent upon
  313  the approval of the receiving state interstate compact
  314  authority. The court may rescind or modify at any time the terms
  315  and conditions theretofore imposed by it upon the offender in
  316  community control. However, if the court withholds adjudication
  317  of guilt or imposes a period of incarceration as a condition of
  318  community control, the period may not exceed 364 days, and
  319  incarceration shall be restricted to a county facility, a
  320  probation and restitution center under the jurisdiction of the
  321  Department of Corrections, a probation program drug punishment
  322  phase I secure residential treatment institution, or a community
  323  residential facility owned or operated by any entity providing
  324  such services.
  325         (3) The court may place a defendant who is being sentenced
  326  for criminal transmission of HIV in violation of s. 775.0877 on
  327  criminal quarantine community control. The Department of
  328  Corrections shall develop and administer a criminal quarantine
  329  community control program emphasizing intensive supervision with
  330  24-hour-per-day electronic monitoring. Criminal quarantine
  331  community control status must include surveillance and may
  332  include other measures normally associated with community
  333  control, except that specific conditions necessary to monitor
  334  this population may be ordered.
  335         Section 14. Subsection (1) of section 948.11, Florida
  336  Statutes, is amended to read:
  337         948.11 Electronic monitoring devices.—
  338         (1)(a) The Department of Corrections may, at its
  339  discretion, electronically monitor an offender sentenced to
  340  community control.
  341         (b) The Department of Corrections shall electronically
  342  monitor an offender sentenced to criminal quarantine community
  343  control 24 hours per day.
  344         Section 15. Section 957.125, Florida Statutes, is repealed.
  345         Section 16. Section 985.4891, Florida Statutes, is
  346  repealed.
  347         Section 17. Section 958.046, Florida Statutes, is amended
  348  to read:
  349         958.046 Placement in county-operated boot camp programs for
  350  youthful offenders.—In counties where there are county-operated
  351  youthful offender boot camp programs, other than boot camps
  352  described in s. 958.04 or sheriff’s training and respect
  353  programs in s. 985.4891, the court may sentence a youthful
  354  offender to such a boot camp. In county-operated youthful
  355  offender boot camp programs, juvenile offenders shall not be
  356  commingled with youthful offenders.
  357         Section 18. Section 985.445, Florida Statutes, is amended
  358  to read:
  359         985.445 Cases involving grand theft of a motor vehicle.—If
  360  the offense committed by the child was grand theft of a motor
  361  vehicle, the court:
  362         (1) Upon a first adjudication for a grand theft of a motor
  363  vehicle, may place the child in a sheriff’s training and respect
  364  program, unless the child is ineligible under s. 985.4891, and
  365  shall order the child to complete a minimum of 50 hours of
  366  community service.
  367         (2) Upon a second adjudication for grand theft of a motor
  368  vehicle which is separate and unrelated to the previous
  369  adjudication, may place the child in a sheriff’s training and
  370  respect program, unless the child is ineligible under s.
  371  985.4891, and shall order the child to complete a minimum of 100
  372  hours of community service.
  373         (3) Upon a third adjudication for grand theft of a motor
  374  vehicle which is separate and unrelated to the previous
  375  adjudications, shall place the child in a sheriff’s training and
  376  respect program or other treatment program, unless the child is
  377  ineligible under s. 985.4891, and shall order the child to
  378  complete a minimum of 250 hours of community service.
  379         Section 19. Paragraph (a) of subsection (6) of section
  380  985.47, Florida Statutes, is amended to read:
  381         985.47 Serious or habitual juvenile offender.—
  382         (6) ACTION ON RECOMMENDATIONS.—The treatment and placement
  383  recommendations shall be submitted to the court for further
  384  action under this subsection:
  385         (a) If it is recommended that placement in a serious or
  386  habitual juvenile offender program or facility is inappropriate,
  387  the court shall make an alternative disposition under s.
  388  985.4891 or other alternative sentencing as applicable, using
  389  the recommendation as a guide.
  390         Section 20. Paragraph (a) of subsection (6) of section
  391  985.483, Florida Statutes, is amended to read:
  392         985.483 Intensive residential treatment program for
  393  offenders less than 13 years of age.—
  394         (6) ACTION ON RECOMMENDATIONS.—The treatment and placement
  395  recommendations shall be submitted to the court for further
  396  action under this subsection:
  397         (a) If it is recommended that placement in an intensive
  398  residential treatment program for offenders less than 13 years
  399  of age is inappropriate, the court shall make an alternative
  400  disposition under s. 985.4891 or other alternative sentencing as
  401  applicable, using the recommendation as a guide.
  402         Section 21. Subsection (1) of section 985.494, Florida
  403  Statutes, is amended to read:
  404         985.494 Commitment programs for juvenile felony offenders.—
  405         (1) Notwithstanding any other law and regardless of the
  406  child’s age, a child who is adjudicated delinquent, or for whom
  407  adjudication is withheld, for an act that would be a felony if
  408  committed by an adult, shall be committed to:
  409         (a) A sheriff’s training and respect program under s.
  410  985.4891 if the child has participated in an early delinquency
  411  intervention program as provided in s. 985.61.
  412         (a)(b) A program for serious or habitual juvenile offenders
  413  under s. 985.47 or an intensive residential treatment program
  414  for offenders less than 13 years of age under s. 985.483, if the
  415  child has participated in an early delinquency intervention
  416  program and has completed a sheriff’s training and respect
  417  program.
  418         (b)(c) A maximum-risk residential program, if the child has
  419  participated in an early delinquency intervention program, has
  420  completed a sheriff’s training and respect program, and has
  421  completed a program for serious or habitual juvenile offenders
  422  or an intensive residential treatment program for offenders less
  423  than 13 years of age. The commitment of a child to a maximum
  424  risk residential program must be for an indeterminate period,
  425  but may not exceed the maximum term of imprisonment that an
  426  adult may serve for the same offense.
  427         Section 22. Paragraph (d) of subsection (2) of section
  428  985.645, Florida Statutes, is amended to read:
  429         985.645 Protective action response.—
  430         (2) The department shall adopt rules under ss. 120.536(1)
  431  and 120.54 that:
  432         (d) Except as provided in s. 985.4891(9) for specified
  433  certified officers, Require each employee who was not certified
  434  by the department in protective action response prior to July 1,
  435  2006, to receive his or her protective action response
  436  certification by September 30, 2006, or within 90 calendar days
  437  following his or her date of hire, whichever date is later.
  438         Section 23. This act shall take effect July 1, 2010.

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