Bill Text: FL S0476 | 2017 | Regular Session | Comm Sub
Bill Title: Terrorism and Terrorist Activities
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-03 - Laid on Table, companion bill(s) passed, see CS/HB 457 (Ch. 2017-37) [S0476 Detail]
Download: Florida-2017-S0476-Comm_Sub.html
Florida Senate - 2017 CS for SB 476
By the Committee on Criminal Justice; and Senator Bean
591-03326-17 2017476c1
1 A bill to be entitled
2 An act relating to terrorism and terrorist activities;
3 amending s. 775.30, F.S.; extending the applicability
4 of the definition of the term “terrorism” to other
5 sections of ch. 775, F.S.; defining the term
6 “terrorist activity”; providing that a violation of
7 specified criminal provisions in furtherance of
8 certain objectives is a crime of terrorism; providing
9 penalties; providing increased penalties if the action
10 results in death or serious bodily injury; defining
11 the term “serious bodily injury”; amending s. 775.31,
12 F.S.; redefining the term “terrorism”; providing
13 applicability; creating s. 775.32, F.S.; defining
14 terms; prohibiting a person from using, attempting to
15 use, or conspiring to use military-type training
16 received from a designated foreign terrorist
17 organization for certain purposes; providing
18 penalties; providing increased penalties if the
19 actions result in death or serious bodily injury;
20 creating s. 775.33, F.S.; defining terms; prohibiting
21 a person from providing material support or resources,
22 or engaging in other specified actions, to violate
23 specified criminal provisions; providing penalties;
24 prohibiting a person from attempting to provide,
25 conspiring to provide, or knowingly providing material
26 support or resources to a designated foreign terrorist
27 organization; providing penalties; providing increased
28 penalties if specified actions result in death or
29 serious bodily injury; specifying the circumstances
30 under which a person provides material support by
31 providing personnel; prohibiting prosecution under
32 certain circumstances; providing legislative intent;
33 requiring the Department of Law Enforcement, in
34 consultation with the Office of the Attorney General,
35 to create specified guidelines; creating s. 775.34,
36 F.S.; providing penalties for a person who willfully
37 becomes a member of a designated foreign terrorist
38 organization and serves under the direction or control
39 of the organization with the intent to further the
40 illegal acts of the organization; defining the term
41 “designated foreign terrorist organization”; creating
42 s. 775.35, F.S.; providing penalties for a person who
43 intentionally disseminates or spreads any type of
44 contagious, communicable, or infectious disease among
45 crops, poultry, livestock, or other animals; providing
46 an affirmative defense; providing increased penalties
47 if specified actions result in death or serious bodily
48 injury; defining the term “serious bodily injury”;
49 amending s. 782.04, F.S.; revising the provisions
50 related to terrorism for murder in the first degree,
51 murder in the second degree, and murder in the third
52 degree to include the terrorism felonies created by
53 this act; reenacting ss. 373.6055(3)(c), 381.95(1),
54 395.1056(1)(a) and (2), 874.03(7), 907.041(4)(a),
55 943.0312(2), and 943.0321(2), F.S., relating to the
56 definition of the term “terrorism,” to incorporate the
57 amendment made to s. 775.30, F.S., in references
58 thereto; reenacting ss. 27.401(2), 39.806(1)(d),
59 63.089(4)(b), 95.11(10), 435.04(2)(e), 435.07(4)(c),
60 775.082(1)(b) and (3)(a), (b), and (c), 775.0823(1),
61 (2), (4), (5), (6), and (7), 782.051, 782.065,
62 903.133, 921.0022(3)(h) and (i), 921.16(1),
63 947.146(3)(i), 948.06(8)(c), 948.062(1),
64 985.265(3)(b), and 1012.315(1)(d), F.S., relating to
65 capital felonies, murder in the first degree, murder
66 in the second degree, and murder in the third degree,
67 to incorporate the amendment made to s. 782.04, F.S.,
68 in references thereto; reenacting s. 1012.467(2)(g),
69 F.S., relating to terrorism and murder, to incorporate
70 the amendments made to ss. 775.30 and 782.04, F.S., in
71 references thereto; providing an effective date.
72
73 WHEREAS, the domestic security of the State of Florida and
74 terrorism prevention within the state’s borders are of paramount
75 importance, and
76 WHEREAS, the threats to the domestic security of the State
77 of Florida are constantly evolving and expanding, and
78 WHEREAS, it is incumbent upon officials of the State of
79 Florida to prevent future acts of terrorism and to bring to
80 justice those who attempt, solicit, support, commit, or conspire
81 to commit acts of terrorism, and
82 WHEREAS, law enforcement officials in the State of Florida
83 require adequate and appropriate authority to investigate and
84 prevent potential acts of terrorism or acts of mass catastrophe
85 in the state, and
86 WHEREAS, the constitutional rights of the residents of and
87 visitors to the State of Florida are also of great importance,
88 and those rights can be safeguarded through reasonable
89 protections in appropriate law enforcement actions, NOW,
90 THEREFORE,
91
92 Be It Enacted by the Legislature of the State of Florida:
93
94 Section 1. Section 775.30, Florida Statutes, is amended to
95 read:
96 775.30 Terrorism; defined; penalties.—
97 (1) As used in this chapter and the Florida Criminal Code,
98 the term “terrorism” or “terrorist activity” means an activity
99 that:
100 (1)(a) Involves a violent act or an act dangerous to human
101 life which is a violation of the criminal laws of this state or
102 of the United States; or
103 (b) Involves a violation of s. 815.06; and
104 (c)(2) Is intended to:
105 1.(a) Intimidate, injure, or coerce a civilian population;
106 2.(b) Influence the policy of a government by intimidation
107 or coercion; or
108 3.(c) Affect the conduct of government through destruction
109 of property, assassination, murder, kidnapping, or aircraft
110 piracy.
111 (2) A person who violates s. 782.04(1)(a)1. or (2), s.
112 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.
113 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16,
114 s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s.
115 806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s.
116 859.01, or s. 876.34, in furtherance of intimidating or coercing
117 the policy of a government, or in furtherance of affecting the
118 conduct of a government by mass destruction, assassination, or
119 kidnapping, commits the crime of terrorism, a felony of the
120 first degree, punishable as provided in s. 775.082, s. 775.083,
121 or s. 775.084.
122 (3) A person who commits a violation of subsection (2)
123 which results in death or serious bodily injury commits a life
124 felony, punishable as provided in s. 775.082, s. 775.083, or s.
125 775.084. As used in this subsection, the term “serious bodily
126 injury” means an injury to a person which creates a substantial
127 risk of death, serious personal disfigurement, or protracted
128 loss or impairment of the function of a bodily member or an
129 organ.
130 Section 2. Section 775.31, Florida Statutes, is amended to
131 read:
132 775.31 Facilitating or furthering terrorism; felony or
133 misdemeanor reclassification.—
134 (1) If a person is convicted of committing a felony or
135 misdemeanor that facilitated or furthered any act of terrorism,
136 the court shall reclassify the felony or misdemeanor to the next
137 higher degree as provided in this section. The reclassification
138 shall be made in the following manner:
139 (a) In the case of a misdemeanor of the second degree, the
140 offense is reclassified as a misdemeanor of the first degree.
141 (b) In the case of a misdemeanor of the first degree, the
142 offense is reclassified as a felony of the third degree.
143 (c) In the case of a felony of the third degree, the
144 offense is reclassified as a felony of the second degree.
145 (d) In the case of a felony of the second degree, the
146 offense is reclassified as a felony of the first degree.
147 (e) In the case of a felony of the first degree or a felony
148 of the first degree punishable by a term of imprisonment not
149 exceeding life, the offense is reclassified as a life felony.
150 (2) For purposes of sentencing under chapter 921, the
151 following offense severity ranking levels apply:
152 (a) An offense that is a misdemeanor of the first degree
153 and that is reclassified under this section as a felony of the
154 third degree is ranked in level 2 of the offense severity
155 ranking chart.
156 (b) A felony offense that is reclassified under this
157 section is ranked one level above the ranking specified in s.
158 921.0022 or s. 921.0023 for the offense committed.
159 (3) As used in this section, the term “terrorism” has the
160 same meaning as provided in s. 775.30(1) means an activity that:
161 (a)1. Involves a violent act or an act dangerous to human
162 life which is a violation of the criminal laws of this state or
163 of the United States; or
164 2. Involves a violation of s. 815.06; and
165 (b) Is intended to:
166 1. Intimidate, injure, or coerce a civilian population;
167 2. Influence the policy of a government by intimidation or
168 coercion; or
169 3. Affect the conduct of government through destruction of
170 property, assassination, murder, kidnapping, or aircraft piracy.
171 (4) The reclassification of offenses under this section
172 does not apply to s. 775.30, s. 775.32, s. 775.33, s. 775.34, or
173 s. 775.35.
174 Section 3. Section 775.32, Florida Statutes, is created to
175 read:
176 775.32 Use of military-type training provided by a
177 designated foreign terrorist organization.—
178 (1) As used in this section, the term:
179 (a) “Critical infrastructure facility” has the same meaning
180 as provided in s. 493.631.
181 (b) “Designated foreign terrorist organization” means an
182 organization designated as a terrorist organization under s. 219
183 of the Immigration and Nationality Act.
184 (c) “Military-type training” means training in means or
185 methods that can cause the death of, or serious bodily injury
186 to, another person, destroy or damage property or critical
187 infrastructure facilities, or disrupt services to critical
188 infrastructure facilities; or training on the use, storage,
189 production, or assembly of an explosive, a firearm, or any other
190 weapon, including a weapon of mass destruction.
191 (d) “Serious bodily injury” has the same meaning as
192 provided in s. 775.30(3).
193 (e) “Weapon of mass destruction” has the same meaning as
194 provided in s. 790.166.
195 (2) A person who has received military-type training from a
196 designated foreign terrorist organization may not use, attempt
197 to use, or conspire to use such military-type training with the
198 intent to unlawfully harm another person or damage critical
199 infrastructure facilities.
200 (3) A person who commits a violation of subsection (2)
201 commits a felony of the second degree, punishable as provided in
202 s. 775.082, s. 775.083, or s. 775.084.
203 (4) A person who commits a violation of subsection (2)
204 which results in the death of, or serious bodily injury to, a
205 person commits a felony of the first degree, punishable as
206 provided in s. 775.082, s. 775.083, or s. 775.084.
207 Section 4. Section 775.33, Florida Statutes, is created to
208 read:
209 775.33 Providing material support or resources for
210 terrorism or to terrorist organizations.—
211 (1) As used in this section, the term:
212 (a) “Designated foreign terrorist organization” has the
213 same meaning as provided in s. 775.32.
214 (b) “Expert advice or assistance” means advice or
215 assistance derived from scientific, technical, or other
216 specialized knowledge.
217 (c) “Material support or resources” means any property,
218 tangible or intangible, or service, including currency or
219 monetary instruments or financial securities, financial
220 services, lodging, training, expert advice or assistance, safe
221 houses, false documentation or identification, communications
222 equipment, facilities, weapons, lethal substances, explosives,
223 personnel, or transportation. The term does not include medicine
224 or religious materials.
225 (d) “Serious bodily injury” has the same meaning as
226 provided in s. 775.30(3).
227 (e) “Training” means instruction or teaching designed to
228 impart a specific skill rather than general knowledge.
229 (2) A person who provides material support or resources or
230 conceals or disguises the nature, location, source, or ownership
231 of material support or resources, knowing or intending that the
232 support or resources are to be used in preparation for or in
233 carrying out a violation of s. 775.30, s. 775.32, s. 775.34, s.
234 775.35, s. 790.16, s. 790.161(2), (3), or (4), s. 790.166, s.
235 790.19, s. 815.06, s. 859.01, s. 860.121, s. 860.16, s. 876.32,
236 s. 876.34, or s. 876.36; who conceals an escape from the
237 commission of any such violation; or who attempts or conspires
238 to carry out such violation commits a felony of the first
239 degree, punishable as provided in s. 775.082, s. 775.083, or s.
240 775.084.
241 (3) A person who knowingly provides material support or
242 resources to a designated foreign terrorist organization, or
243 attempts or conspires to do so, commits a felony of the first
244 degree, punishable as provided in s. 775.082, s. 775.083, or s.
245 775.084. To violate this subsection, a person must have
246 knowledge that the organization is a designated foreign
247 terrorist organization or that the organization has engaged in
248 or engages in terrorism or terrorist activity.
249 (4) A person who commits a violation of subsection (2) or
250 subsection (3) which results in death or serious bodily injury
251 commits a life felony, punishable as provided in s. 775.082, s.
252 775.083, or s. 775.084.
253 (5)(a) For purposes of prosecution under subsection (2) or
254 subsection (3), a person is deemed to provide material support
255 or resources by providing personnel if the person knowingly
256 provides, attempts to provide, or conspires to provide himself
257 or herself or another person:
258 1. To a person engaged in, or intending to engage in, an
259 act of terrorism to work under the direction and control of the
260 person engaged in, or intending to engage in, an act of
261 terrorism, or to organize, manage, supervise, or otherwise
262 direct the operations of the person engaged in, or intending to
263 engage in, an act of terrorism; or
264 2. To work under the direction and control of a designated
265 foreign terrorist organization, or to organize, manage,
266 supervise, or otherwise direct the operation of that
267 organization.
268 (b) An individual who acts entirely independently of the
269 person engaged in, or intending to engage in, an act of
270 terrorism or the designated foreign terrorist organization to
271 advance the person’s or organization’s goals or objectives is
272 not working under the direction and control of the person
273 engaged in, or intending to engage in, an act of terrorism or
274 the designated foreign terrorist organization.
275 (6) A person may not be prosecuted under this section if
276 his or her activity was authorized by a governmental or law
277 enforcement agency of this state or of the United States in the
278 agency’s official capacity and pursuant to a lawful purpose.
279 (7) It is the intent of the Legislature that subsections
280 (2) and (3) be interpreted in a manner consistent with federal
281 case law interpreting 18 U.S.C. ss. 2339A and 2339B,
282 respectively.
283 (8) The Department of Law Enforcement, in consultation with
284 the Office of the Attorney General, shall create guidelines for
285 law enforcement investigations conducted pursuant to this
286 section to ensure the protection of privacy rights, civil
287 rights, and civil liberties.
288 Section 5. Section 775.34, Florida Statutes, is created to
289 read:
290 775.34 Membership in a designated foreign terrorist
291 organization.—A person who willfully becomes a member of a
292 designated foreign terrorist organization and serves under the
293 direction or control of that organization with the intent to
294 further the illegal acts of the organization commits a felony of
295 the second degree, punishable as provided in s. 775.082, s.
296 775.083, or s. 775.084. As used in this section, the term
297 “designated foreign terrorist organization” has the same meaning
298 as provided in s. 775.32.
299 Section 6. Section 775.35, Florida Statutes, is created to
300 read:
301 775.35 Agroterrorism; penalties.—
302 (1) A person who intentionally disseminates or spreads any
303 type of contagious, communicable, or infectious disease among
304 crops, poultry as defined in s. 583.01, livestock as defined in
305 s. 588.13, or other animals commits a felony of the second
306 degree, punishable as provided in s. 775.082, s. 775.083, or s.
307 775.084. It is an affirmative defense to this violation if the
308 activity is consistent with a medically recognized procedure or
309 if the activity is done in the course of legitimate,
310 professional scientific research.
311 (2) A person who commits a violation of subsection (1)
312 which results in death or serious bodily injury to a person
313 commits a life felony, punishable as provided in s. 775.082, s.
314 775.083, or s. 775.084. As used in this subsection, the term
315 “serious bodily injury” has the same meaning as provided in s.
316 775.30(3).
317 Section 7. Paragraph (a) of subsection (1) and subsections
318 (3) and (4) of section 782.04, Florida Statutes, are amended to
319 read:
320 782.04 Murder.—
321 (1)(a) The unlawful killing of a human being:
322 1. When perpetrated from a premeditated design to effect
323 the death of the person killed or any human being;
324 2. When committed by a person engaged in the perpetration
325 of, or in the attempt to perpetrate, any:
326 a. Trafficking offense prohibited by s. 893.135(1),
327 b. Arson,
328 c. Sexual battery,
329 d. Robbery,
330 e. Burglary,
331 f. Kidnapping,
332 g. Escape,
333 h. Aggravated child abuse,
334 i. Aggravated abuse of an elderly person or disabled adult,
335 j. Aircraft piracy,
336 k. Unlawful throwing, placing, or discharging of a
337 destructive device or bomb,
338 l. Carjacking,
339 m. Home-invasion robbery,
340 n. Aggravated stalking,
341 o. Murder of another human being,
342 p. Resisting an officer with violence to his or her person,
343 q. Aggravated fleeing or eluding with serious bodily injury
344 or death,
345 r. Felony that is an act of terrorism or is in furtherance
346 of an act of terrorism, including a felony under s. 775.30, s.
347 775.32, s. 775.33, s. 775.34, or s. 775.35, or
348 s. Human trafficking; or
349 3. Which resulted from the unlawful distribution of any
350 substance controlled under s. 893.03(1), cocaine as described in
351 s. 893.03(2)(a)4., opium or any synthetic or natural salt,
352 compound, derivative, or preparation of opium, or methadone by a
353 person 18 years of age or older, when such drug is proven to be
354 the proximate cause of the death of the user,
355
356 is murder in the first degree and constitutes a capital felony,
357 punishable as provided in s. 775.082.
358 (3) When a human being is killed during the perpetration
359 of, or during the attempt to perpetrate, any:
360 (a) Trafficking offense prohibited by s. 893.135(1),
361 (b) Arson,
362 (c) Sexual battery,
363 (d) Robbery,
364 (e) Burglary,
365 (f) Kidnapping,
366 (g) Escape,
367 (h) Aggravated child abuse,
368 (i) Aggravated abuse of an elderly person or disabled
369 adult,
370 (j) Aircraft piracy,
371 (k) Unlawful throwing, placing, or discharging of a
372 destructive device or bomb,
373 (l) Carjacking,
374 (m) Home-invasion robbery,
375 (n) Aggravated stalking,
376 (o) Murder of another human being,
377 (p) Aggravated fleeing or eluding with serious bodily
378 injury or death,
379 (q) Resisting an officer with violence to his or her
380 person, or
381 (r) Felony that is an act of terrorism or is in furtherance
382 of an act of terrorism, including a felony under s. 775.30, s.
383 775.32, s. 775.33, s. 775.34, or s. 775.35,
384
385 by a person other than the person engaged in the perpetration of
386 or in the attempt to perpetrate such felony, the person
387 perpetrating or attempting to perpetrate such felony commits
388 murder in the second degree, which constitutes a felony of the
389 first degree, punishable by imprisonment for a term of years not
390 exceeding life or as provided in s. 775.082, s. 775.083, or s.
391 775.084.
392 (4) The unlawful killing of a human being, when perpetrated
393 without any design to effect death, by a person engaged in the
394 perpetration of, or in the attempt to perpetrate, any felony
395 other than any:
396 (a) Trafficking offense prohibited by s. 893.135(1),
397 (b) Arson,
398 (c) Sexual battery,
399 (d) Robbery,
400 (e) Burglary,
401 (f) Kidnapping,
402 (g) Escape,
403 (h) Aggravated child abuse,
404 (i) Aggravated abuse of an elderly person or disabled
405 adult,
406 (j) Aircraft piracy,
407 (k) Unlawful throwing, placing, or discharging of a
408 destructive device or bomb,
409 (l) Unlawful distribution of any substance controlled under
410 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
411 opium or any synthetic or natural salt, compound, derivative, or
412 preparation of opium by a person 18 years of age or older, when
413 such drug is proven to be the proximate cause of the death of
414 the user,
415 (m) Carjacking,
416 (n) Home-invasion robbery,
417 (o) Aggravated stalking,
418 (p) Murder of another human being,
419 (q) Aggravated fleeing or eluding with serious bodily
420 injury or death,
421 (r) Resisting an officer with violence to his or her
422 person, or
423 (s) Felony that is an act of terrorism or is in furtherance
424 of an act of terrorism, including a felony under s. 775.30, s.
425 775.32, s. 775.33, s. 775.34, or s. 775.35,
426
427 is murder in the third degree and constitutes a felony of the
428 second degree, punishable as provided in s. 775.082, s. 775.083,
429 or s. 775.084.
430 Section 8. For the purpose of incorporating the amendment
431 made by this act to section 775.30, Florida Statutes, in a
432 reference thereto, paragraph (c) of subsection (3) of section
433 373.6055, Florida Statutes, is reenacted to read:
434 373.6055 Criminal history checks for certain water
435 management district employees and others.—
436 (3)
437 (c) In addition to other requirements for employment or
438 access established by any water management district pursuant to
439 its water management district’s security plan for buildings,
440 facilities, and structures, each water management district’s
441 security plan shall provide that:
442 1. Any person who has within the past 7 years been
443 convicted, regardless of whether adjudication was withheld, for
444 a forcible felony as defined in s. 776.08; an act of terrorism
445 as defined in s. 775.30; planting of a hoax bomb as provided in
446 s. 790.165; any violation involving the manufacture, possession,
447 sale, delivery, display, use, or attempted or threatened use of
448 a weapon of mass destruction or hoax weapon of mass destruction
449 as provided in s. 790.166; dealing in stolen property; any
450 violation of s. 893.135; any violation involving the sale,
451 manufacturing, delivery, or possession with intent to sell,
452 manufacture, or deliver a controlled substance; burglary;
453 robbery; any felony violation of s. 812.014; any violation of s.
454 790.07; any crime an element of which includes use or possession
455 of a firearm; any conviction for any similar offenses under the
456 laws of another jurisdiction; or conviction for conspiracy to
457 commit any of the listed offenses may not be qualified for
458 initial employment within or authorized regular access to
459 buildings, facilities, or structures defined in the water
460 management district’s security plan as restricted access areas.
461 2. Any person who has at any time been convicted of any of
462 the offenses listed in subparagraph 1. may not be qualified for
463 initial employment within or authorized regular access to
464 buildings, facilities, or structures defined in the water
465 management district’s security plan as restricted access areas
466 unless, after release from incarceration and any supervision
467 imposed as a sentence, the person remained free from a
468 subsequent conviction, regardless of whether adjudication was
469 withheld, for any of the listed offenses for a period of at
470 least 7 years prior to the employment or access date under
471 consideration.
472 Section 9. For the purpose of incorporating the amendment
473 made by this act to section 775.30, Florida Statutes, in a
474 reference thereto, subsection (1) of section 381.95, Florida
475 Statutes, is reenacted to read:
476 381.95 Medical facility information maintained for
477 terrorism response purposes; confidentiality.—
478 (1) Any information identifying or describing the name,
479 location, pharmaceutical cache, contents, capacity, equipment,
480 physical features, or capabilities of individual medical
481 facilities, storage facilities, or laboratories established,
482 maintained, or regulated by the Department of Health as part of
483 the state’s plan to defend against an act of terrorism as
484 defined in s. 775.30 is exempt from s. 119.07(1) and s. 24(a),
485 Art. I of the State Constitution. This exemption is remedial in
486 nature, and it is the intent of the Legislature that this
487 exemption apply to information held by the Department of Health
488 before, on, or after the effective date of this section.
489 Section 10. For the purpose of incorporating the amendment
490 made by this act to section 775.30, Florida Statutes, in
491 references thereto, paragraph (a) of subsection (1) and
492 subsection (2) of section 395.1056, Florida Statutes, are
493 reenacted to read:
494 395.1056 Plan components addressing a hospital’s response
495 to terrorism; public records exemption; public meetings
496 exemption.—
497 (1)(a) Those portions of a comprehensive emergency
498 management plan that address the response of a public or private
499 hospital to an act of terrorism as defined by s. 775.30 held by
500 the agency, a state or local law enforcement agency, a county or
501 municipal emergency management agency, the Executive Office of
502 the Governor, the Department of Health, or the Division of
503 Emergency Management are confidential and exempt from s.
504 119.07(1) and s. 24(a), Art. I of the State Constitution.
505 (2) Those portions of a comprehensive emergency management
506 plan that address the response of a public hospital to an act of
507 terrorism as defined by s. 775.30 held by that public hospital
508 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
509 Constitution. Portions of a comprehensive emergency management
510 plan that address the response of a public hospital to an act of
511 terrorism include those portions addressing:
512 (a) Security systems or plans;
513 (b) Vulnerability analyses;
514 (c) Emergency evacuation transportation;
515 (d) Sheltering arrangements;
516 (e) Postdisaster activities, including provisions for
517 emergency power, communications, food, and water;
518 (f) Postdisaster transportation;
519 (g) Supplies, including drug caches;
520 (h) Staffing;
521 (i) Emergency equipment; and
522 (j) Individual identification of residents, transfer of
523 records, and methods of responding to family inquiries.
524 Section 11. For the purpose of incorporating the amendment
525 made by this act to section 775.30, Florida Statutes, in a
526 reference thereto, subsection (7) of section 874.03, Florida
527 Statutes, is reenacted to read:
528 874.03 Definitions.—As used in this chapter:
529 (7) “Terrorist organization” means any organized group
530 engaged in or organized for the purpose of engaging in terrorism
531 as defined in s. 775.30. This definition shall not be construed
532 to prevent prosecution under this chapter of individuals acting
533 alone.
534 Section 12. For the purpose of incorporating the amendment
535 made by this act to section 775.30, Florida Statutes, in a
536 reference thereto, paragraph (a) of subsection (4) of section
537 907.041, Florida Statutes, is reenacted to read:
538 907.041 Pretrial detention and release.—
539 (4) PRETRIAL DETENTION.—
540 (a) As used in this subsection, “dangerous crime” means any
541 of the following:
542 1. Arson;
543 2. Aggravated assault;
544 3. Aggravated battery;
545 4. Illegal use of explosives;
546 5. Child abuse or aggravated child abuse;
547 6. Abuse of an elderly person or disabled adult, or
548 aggravated abuse of an elderly person or disabled adult;
549 7. Aircraft piracy;
550 8. Kidnapping;
551 9. Homicide;
552 10. Manslaughter;
553 11. Sexual battery;
554 12. Robbery;
555 13. Carjacking;
556 14. Lewd, lascivious, or indecent assault or act upon or in
557 presence of a child under the age of 16 years;
558 15. Sexual activity with a child, who is 12 years of age or
559 older but less than 18 years of age, by or at solicitation of
560 person in familial or custodial authority;
561 16. Burglary of a dwelling;
562 17. Stalking and aggravated stalking;
563 18. Act of domestic violence as defined in s. 741.28;
564 19. Home invasion robbery;
565 20. Act of terrorism as defined in s. 775.30;
566 21. Manufacturing any substances in violation of chapter
567 893; and
568 22. Attempting or conspiring to commit any such crime.
569 Section 13. For the purpose of incorporating the amendment
570 made by this act to section 775.30, Florida Statutes, in a
571 reference thereto, subsection (2) of section 943.0312, Florida
572 Statutes, is reenacted to read:
573 943.0312 Regional domestic security task forces.—The
574 Legislature finds that there is a need to develop and implement
575 a statewide strategy to address prevention, preparation,
576 protection, response, and recovery efforts by federal, state,
577 and local law enforcement agencies, emergency management
578 agencies, fire and rescue departments, first-responder personnel
579 and others in dealing with potential or actual terrorist acts
580 within or affecting this state.
581 (2) In accordance with the state’s domestic security
582 strategic goals and objectives, each task force shall coordinate
583 efforts to counter terrorism, as defined by s. 775.30, among
584 local, state, and federal resources to ensure that such efforts
585 are not fragmented or unnecessarily duplicated; coordinate
586 training for local and state personnel to counter terrorism as
587 defined by s. 775.30; coordinate the collection and
588 dissemination of investigative and intelligence information; and
589 facilitate responses to terrorist incidents within or affecting
590 each region. With the approval of the Chief of Domestic
591 Security, the task forces may incorporate other objectives
592 reasonably related to the goals of enhancing the state’s
593 domestic security and ability to detect, prevent, and respond to
594 acts of terrorism within or affecting this state. Each task
595 force shall take into account the variety of conditions and
596 resources present within its region.
597 Section 14. For the purpose of incorporating the amendment
598 made by this act to section 775.30, Florida Statutes, in a
599 reference thereto, subsection (2) of section 943.0321, Florida
600 Statutes, is reenacted to read:
601 943.0321 The Florida Domestic Security and Counter
602 Terrorism Intelligence Center and the Florida Domestic Security
603 and Counter-Terrorism Database.—
604 (2) The intelligence center shall:
605 (a) Gather, document, and analyze active criminal
606 intelligence and criminal investigative information related to
607 terrorism, as defined in s. 775.30, including information
608 related to individuals or groups that plot, plan, or coordinate
609 acts of terrorism, as defined in s. 775.30, and that operate
610 within this state or otherwise commit acts affecting this state;
611 (b) Maintain and operate the domestic security and counter
612 terrorism database; and
613 (c) Provide support and assistance to federal, state, and
614 local law enforcement agencies and prosecutors that investigate
615 or prosecute terrorism, as defined in s. 775.30.
616 Section 15. For the purpose of incorporating the amendment
617 made by this act to section 782.04, Florida Statutes, in a
618 reference thereto, subsection (2) of section 27.401, Florida
619 Statutes, is reenacted to read:
620 27.401 Cross-Circuit Conflict Representation Pilot
621 Program.—
622 (2) Notwithstanding ss. 27.40 and 27.5305:
623 (a) If the public defender in the Tenth Judicial Circuit is
624 unable to provide representation to an indigent defendant
625 charged with a crime under s. 782.04(2), (3), or (4) due to a
626 conflict of interest and the criminal conflict and civil
627 regional counsel of the Second Region is also unable to provide
628 representation for the case due to a conflict of interest, the
629 public defender in the Thirteenth Judicial Circuit shall be
630 appointed. If the public defender in the Thirteenth Judicial
631 Circuit is unable to provide representation for the case due to
632 a conflict of interest, the criminal conflict and civil regional
633 counsel in the Fifth Region shall be appointed. If the criminal
634 conflict and civil regional counsel in the Fifth Region is
635 unable to provide representation due to a conflict of interest,
636 private counsel shall be appointed.
637 (b) If the public defender in the Thirteenth Judicial
638 Circuit is unable to provide representation to an indigent
639 defendant charged with a crime under s. 782.04(2), (3), or (4)
640 due to a conflict of interest and the criminal conflict and
641 civil regional counsel of the Second Region is also unable to
642 provide representation for the case due to a conflict of
643 interest, the public defender in the Tenth Judicial Circuit
644 shall be appointed. If the public defender in the Tenth Judicial
645 Circuit is unable to provide representation for the case due to
646 a conflict of interest, the criminal conflict and civil regional
647 counsel in the Fifth Region shall be appointed. If the criminal
648 conflict and civil regional counsel in the Fifth Region is
649 unable to provide representation due to a conflict of interest,
650 private counsel shall be appointed.
651 Section 16. For the purpose of incorporating the amendment
652 made by this act to section 782.04, Florida Statutes, in a
653 reference thereto, paragraph (d) of subsection (1) of section
654 39.806, Florida Statutes, is reenacted to read:
655 39.806 Grounds for termination of parental rights.—
656 (1) Grounds for the termination of parental rights may be
657 established under any of the following circumstances:
658 (d) When the parent of a child is incarcerated and either:
659 1. The period of time for which the parent is expected to
660 be incarcerated will constitute a significant portion of the
661 child’s minority. When determining whether the period of time is
662 significant, the court shall consider the child’s age and the
663 child’s need for a permanent and stable home. The period of time
664 begins on the date that the parent enters into incarceration;
665 2. The incarcerated parent has been determined by the court
666 to be a violent career criminal as defined in s. 775.084, a
667 habitual violent felony offender as defined in s. 775.084, or a
668 sexual predator as defined in s. 775.21; has been convicted of
669 first degree or second degree murder in violation of s. 782.04
670 or a sexual battery that constitutes a capital, life, or first
671 degree felony violation of s. 794.011; or has been convicted of
672 an offense in another jurisdiction which is substantially
673 similar to one of the offenses listed in this paragraph. As used
674 in this section, the term “substantially similar offense” means
675 any offense that is substantially similar in elements and
676 penalties to one of those listed in this subparagraph, and that
677 is in violation of a law of any other jurisdiction, whether that
678 of another state, the District of Columbia, the United States or
679 any possession or territory thereof, or any foreign
680 jurisdiction; or
681 3. The court determines by clear and convincing evidence
682 that continuing the parental relationship with the incarcerated
683 parent would be harmful to the child and, for this reason, that
684 termination of the parental rights of the incarcerated parent is
685 in the best interest of the child. When determining harm, the
686 court shall consider the following factors:
687 a. The age of the child.
688 b. The relationship between the child and the parent.
689 c. The nature of the parent’s current and past provision
690 for the child’s developmental, cognitive, psychological, and
691 physical needs.
692 d. The parent’s history of criminal behavior, which may
693 include the frequency of incarceration and the unavailability of
694 the parent to the child due to incarceration.
695 e. Any other factor the court deems relevant.
696 Section 17. For the purpose of incorporating the amendment
697 made by this act to section 782.04, Florida Statutes, in a
698 reference thereto, paragraph (b) of subsection (4) of section
699 63.089, Florida Statutes, is reenacted to read:
700 63.089 Proceeding to terminate parental rights pending
701 adoption; hearing; grounds; dismissal of petition; judgment.—
702 (4) FINDING OF ABANDONMENT.—A finding of abandonment
703 resulting in a termination of parental rights must be based upon
704 clear and convincing evidence that a parent or person having
705 legal custody has abandoned the child in accordance with the
706 definition contained in s. 63.032. A finding of abandonment may
707 also be based upon emotional abuse or a refusal to provide
708 reasonable financial support, when able, to a birth mother
709 during her pregnancy or on whether the person alleged to have
710 abandoned the child, while being able, failed to establish
711 contact with the child or accept responsibility for the child’s
712 welfare.
713 (b) The child has been abandoned when the parent of a child
714 is incarcerated on or after October 1, 2001, in a federal,
715 state, or county correctional institution and:
716 1. The period of time for which the parent has been or is
717 expected to be incarcerated will constitute a significant
718 portion of the child’s minority. In determining whether the
719 period of time is significant, the court shall consider the
720 child’s age and the child’s need for a permanent and stable
721 home. The period of time begins on the date that the parent
722 enters into incarceration;
723 2. The incarcerated parent has been determined by a court
724 of competent jurisdiction to be a violent career criminal as
725 defined in s. 775.084, a habitual violent felony offender as
726 defined in s. 775.084, convicted of child abuse as defined in s.
727 827.03, or a sexual predator as defined in s. 775.21; has been
728 convicted of first degree or second degree murder in violation
729 of s. 782.04 or a sexual battery that constitutes a capital,
730 life, or first degree felony violation of s. 794.011; or has
731 been convicted of a substantially similar offense in another
732 jurisdiction. As used in this section, the term “substantially
733 similar offense” means any offense that is substantially similar
734 in elements and penalties to one of those listed in this
735 subparagraph, and that is in violation of a law of any other
736 jurisdiction, whether that of another state, the District of
737 Columbia, the United States or any possession or territory
738 thereof, or any foreign jurisdiction; or
739 3. The court determines by clear and convincing evidence
740 that continuing the parental relationship with the incarcerated
741 parent would be harmful to the child and, for this reason,
742 termination of the parental rights of the incarcerated parent is
743 in the best interests of the child.
744 Section 18. For the purpose of incorporating the amendment
745 made by this act to section 782.04, Florida Statutes, in a
746 reference thereto, subsection (10) of section 95.11, Florida
747 Statutes, is reenacted to read:
748 95.11 Limitations other than for the recovery of real
749 property.—Actions other than for recovery of real property shall
750 be commenced as follows:
751 (10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS
752 DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph
753 (4)(d), an action for wrongful death seeking damages authorized
754 under s. 768.21 brought against a natural person for an
755 intentional tort resulting in death from acts described in s.
756 782.04 or s. 782.07 may be commenced at any time. This
757 subsection shall not be construed to require an arrest, the
758 filing of formal criminal charges, or a conviction for a
759 violation of s. 782.04 or s. 782.07 as a condition for filing a
760 civil action.
761 Section 19. For the purpose of incorporating the amendment
762 made by this act to section 782.04, Florida Statutes, in a
763 reference thereto, paragraph (e) of subsection (2) of section
764 435.04, Florida Statutes, is reenacted to read:
765 435.04 Level 2 screening standards.—
766 (2) The security background investigations under this
767 section must ensure that no persons subject to the provisions of
768 this section have been arrested for and are awaiting final
769 disposition of, have been found guilty of, regardless of
770 adjudication, or entered a plea of nolo contendere or guilty to,
771 or have been adjudicated delinquent and the record has not been
772 sealed or expunged for, any offense prohibited under any of the
773 following provisions of state law or similar law of another
774 jurisdiction:
775 (e) Section 782.04, relating to murder.
776 Section 20. For the purpose of incorporating the amendment
777 made by this act to section 782.04, Florida Statutes, in a
778 reference thereto, paragraph (c) of subsection (4) of section
779 435.07, Florida Statutes, is reenacted to read:
780 435.07 Exemptions from disqualification.—Unless otherwise
781 provided by law, the provisions of this section apply to
782 exemptions from disqualification for disqualifying offenses
783 revealed pursuant to background screenings required under this
784 chapter, regardless of whether those disqualifying offenses are
785 listed in this chapter or other laws.
786 (4)
787 (c) Disqualification from employment under this chapter may
788 not be removed from, and an exemption may not be granted to, any
789 current or prospective child care personnel, as defined in s.
790 402.302(3), and such a person is disqualified from employment as
791 child care personnel, regardless of any previous exemptions from
792 disqualification, if the person has been registered as a sex
793 offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
794 arrested for and is awaiting final disposition of, has been
795 convicted or found guilty of, or entered a plea of guilty or
796 nolo contendere to, regardless of adjudication, or has been
797 adjudicated delinquent and the record has not been sealed or
798 expunged for, any offense prohibited under any of the following
799 provisions of state law or a similar law of another
800 jurisdiction:
801 1. A felony offense prohibited under any of the following
802 statutes:
803 a. Chapter 741, relating to domestic violence.
804 b. Section 782.04, relating to murder.
805 c. Section 782.07, relating to manslaughter, aggravated
806 manslaughter of an elderly person or disabled adult, aggravated
807 manslaughter of a child, or aggravated manslaughter of an
808 officer, a firefighter, an emergency medical technician, or a
809 paramedic.
810 d. Section 784.021, relating to aggravated assault.
811 e. Section 784.045, relating to aggravated battery.
812 f. Section 787.01, relating to kidnapping.
813 g. Section 787.025, relating to luring or enticing a child.
814 h. Section 787.04(2), relating to leading, taking,
815 enticing, or removing a minor beyond the state limits, or
816 concealing the location of a minor, with criminal intent pending
817 custody proceedings.
818 i. Section 787.04(3), relating to leading, taking,
819 enticing, or removing a minor beyond the state limits, or
820 concealing the location of a minor, with criminal intent pending
821 dependency proceedings or proceedings concerning alleged abuse
822 or neglect of a minor.
823 j. Section 794.011, relating to sexual battery.
824 k. Former s. 794.041, relating to sexual activity with or
825 solicitation of a child by a person in familial or custodial
826 authority.
827 l. Section 794.05, relating to unlawful sexual activity
828 with certain minors.
829 m. Section 794.08, relating to female genital mutilation.
830 n. Section 806.01, relating to arson.
831 o. Section 826.04, relating to incest.
832 p. Section 827.03, relating to child abuse, aggravated
833 child abuse, or neglect of a child.
834 q. Section 827.04, relating to contributing to the
835 delinquency or dependency of a child.
836 r. Section 827.071, relating to sexual performance by a
837 child.
838 s. Chapter 847, relating to child pornography.
839 t. Section 985.701, relating to sexual misconduct in
840 juvenile justice programs.
841 2. A misdemeanor offense prohibited under any of the
842 following statutes:
843 a. Section 784.03, relating to battery, if the victim of
844 the offense was a minor.
845 b. Section 787.025, relating to luring or enticing a child.
846 c. Chapter 847, relating to child pornography.
847 3. A criminal act committed in another state or under
848 federal law which, if committed in this state, constitutes an
849 offense prohibited under any statute listed in subparagraph 1.
850 or subparagraph 2.
851 Section 21. For the purpose of incorporating the amendment
852 made by this act to section 782.04, Florida Statutes, in
853 references thereto, paragraph (b) of subsection (1) and
854 paragraphs (a), (b), and (c) of subsection (3) of section
855 775.082, Florida Statutes, are reenacted to read:
856 775.082 Penalties; applicability of sentencing structures;
857 mandatory minimum sentences for certain reoffenders previously
858 released from prison.—
859 (1)
860 (b)1. A person who actually killed, intended to kill, or
861 attempted to kill the victim and who is convicted under s.
862 782.04 of a capital felony, or an offense that was reclassified
863 as a capital felony, which was committed before the person
864 attained 18 years of age shall be punished by a term of
865 imprisonment for life if, after a sentencing hearing conducted
866 by the court in accordance with s. 921.1401, the court finds
867 that life imprisonment is an appropriate sentence. If the court
868 finds that life imprisonment is not an appropriate sentence,
869 such person shall be punished by a term of imprisonment of at
870 least 40 years. A person sentenced pursuant to this subparagraph
871 is entitled to a review of his or her sentence in accordance
872 with s. 921.1402(2)(a).
873 2. A person who did not actually kill, intend to kill, or
874 attempt to kill the victim and who is convicted under s. 782.04
875 of a capital felony, or an offense that was reclassified as a
876 capital felony, which was committed before the person attained
877 18 years of age may be punished by a term of imprisonment for
878 life or by a term of years equal to life if, after a sentencing
879 hearing conducted by the court in accordance with s. 921.1401,
880 the court finds that life imprisonment is an appropriate
881 sentence. A person who is sentenced to a term of imprisonment of
882 more than 15 years is entitled to a review of his or her
883 sentence in accordance with s. 921.1402(2)(c).
884 3. The court shall make a written finding as to whether a
885 person is eligible for a sentence review hearing under s.
886 921.1402(2)(a) or (c). Such a finding shall be based upon
887 whether the person actually killed, intended to kill, or
888 attempted to kill the victim. The court may find that multiple
889 defendants killed, intended to kill, or attempted to kill the
890 victim.
891 (3) A person who has been convicted of any other designated
892 felony may be punished as follows:
893 (a)1. For a life felony committed before October 1, 1983,
894 by a term of imprisonment for life or for a term of at least 30
895 years.
896 2. For a life felony committed on or after October 1, 1983,
897 by a term of imprisonment for life or by a term of imprisonment
898 not exceeding 40 years.
899 3. Except as provided in subparagraph 4., for a life felony
900 committed on or after July 1, 1995, by a term of imprisonment
901 for life or by imprisonment for a term of years not exceeding
902 life imprisonment.
903 4.a. Except as provided in sub-subparagraph b., for a life
904 felony committed on or after September 1, 2005, which is a
905 violation of s. 800.04(5)(b), by:
906 (I) A term of imprisonment for life; or
907 (II) A split sentence that is a term of at least 25 years’
908 imprisonment and not exceeding life imprisonment, followed by
909 probation or community control for the remainder of the person’s
910 natural life, as provided in s. 948.012(4).
911 b. For a life felony committed on or after July 1, 2008,
912 which is a person’s second or subsequent violation of s.
913 800.04(5)(b), by a term of imprisonment for life.
914 5. Notwithstanding subparagraphs 1.-4., a person who is
915 convicted under s. 782.04 of an offense that was reclassified as
916 a life felony which was committed before the person attained 18
917 years of age may be punished by a term of imprisonment for life
918 or by a term of years equal to life imprisonment if the judge
919 conducts a sentencing hearing in accordance with s. 921.1401 and
920 finds that life imprisonment or a term of years equal to life
921 imprisonment is an appropriate sentence.
922 a. A person who actually killed, intended to kill, or
923 attempted to kill the victim and is sentenced to a term of
924 imprisonment of more than 25 years is entitled to a review of
925 his or her sentence in accordance with s. 921.1402(2)(b).
926 b. A person who did not actually kill, intend to kill, or
927 attempt to kill the victim and is sentenced to a term of
928 imprisonment of more than 15 years is entitled to a review of
929 his or her sentence in accordance with s. 921.1402(2)(c).
930 c. The court shall make a written finding as to whether a
931 person is eligible for a sentence review hearing under s.
932 921.1402(2)(b) or (c). Such a finding shall be based upon
933 whether the person actually killed, intended to kill, or
934 attempted to kill the victim. The court may find that multiple
935 defendants killed, intended to kill, or attempted to kill the
936 victim.
937 6. For a life felony committed on or after October 1, 2014,
938 which is a violation of s. 787.06(3)(g), by a term of
939 imprisonment for life.
940 (b)1. For a felony of the first degree, by a term of
941 imprisonment not exceeding 30 years or, when specifically
942 provided by statute, by imprisonment for a term of years not
943 exceeding life imprisonment.
944 2. Notwithstanding subparagraph 1., a person convicted
945 under s. 782.04 of a first degree felony punishable by a term of
946 years not exceeding life imprisonment, or an offense that was
947 reclassified as a first degree felony punishable by a term of
948 years not exceeding life, which was committed before the person
949 attained 18 years of age may be punished by a term of years
950 equal to life imprisonment if the judge conducts a sentencing
951 hearing in accordance with s. 921.1401 and finds that a term of
952 years equal to life imprisonment is an appropriate sentence.
953 a. A person who actually killed, intended to kill, or
954 attempted to kill the victim and is sentenced to a term of
955 imprisonment of more than 25 years is entitled to a review of
956 his or her sentence in accordance with s. 921.1402(2)(b).
957 b. A person who did not actually kill, intend to kill, or
958 attempt to kill the victim and is sentenced to a term of
959 imprisonment of more than 15 years is entitled to a review of
960 his or her sentence in accordance with s. 921.1402(2)(c).
961 c. The court shall make a written finding as to whether a
962 person is eligible for a sentence review hearing under s.
963 921.1402(2)(b) or (c). Such a finding shall be based upon
964 whether the person actually killed, intended to kill, or
965 attempted to kill the victim. The court may find that multiple
966 defendants killed, intended to kill, or attempted to kill the
967 victim.
968 (c) Notwithstanding paragraphs (a) and (b), a person
969 convicted of an offense that is not included in s. 782.04 but
970 that is an offense that is a life felony or is punishable by a
971 term of imprisonment for life or by a term of years not
972 exceeding life imprisonment, or an offense that was reclassified
973 as a life felony or an offense punishable by a term of
974 imprisonment for life or by a term of years not exceeding life
975 imprisonment, which was committed before the person attained 18
976 years of age may be punished by a term of imprisonment for life
977 or a term of years equal to life imprisonment if the judge
978 conducts a sentencing hearing in accordance with s. 921.1401 and
979 finds that life imprisonment or a term of years equal to life
980 imprisonment is an appropriate sentence. A person who is
981 sentenced to a term of imprisonment of more than 20 years is
982 entitled to a review of his or her sentence in accordance with
983 s. 921.1402(2)(d).
984 Section 22. For the purpose of incorporating the amendment
985 made by this act to section 782.04, Florida Statutes, in
986 references thereto, subsections (1), (2), (4), (5), (6), and (7)
987 of section 775.0823, Florida Statutes, are reenacted to read:
988 775.0823 Violent offenses committed against law enforcement
989 officers, correctional officers, state attorneys, assistant
990 state attorneys, justices, or judges.—The Legislature does
991 hereby provide for an increase and certainty of penalty for any
992 person convicted of a violent offense against any law
993 enforcement or correctional officer, as defined in s. 943.10(1),
994 (2), (3), (6), (7), (8), or (9); against any state attorney
995 elected pursuant to s. 27.01 or assistant state attorney
996 appointed under s. 27.181; or against any justice or judge of a
997 court described in Art. V of the State Constitution, which
998 offense arises out of or in the scope of the officer’s duty as a
999 law enforcement or correctional officer, the state attorney’s or
1000 assistant state attorney’s duty as a prosecutor or investigator,
1001 or the justice’s or judge’s duty as a judicial officer, as
1002 follows:
1003 (1) For murder in the first degree as described in s.
1004 782.04(1), if the death sentence is not imposed, a sentence of
1005 imprisonment for life without eligibility for release.
1006 (2) For attempted murder in the first degree as described
1007 in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
1008 or s. 775.084.
1009 (4) For murder in the second degree as described in s.
1010 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
1011 775.083, or s. 775.084.
1012 (5) For attempted murder in the second degree as described
1013 in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
1014 775.083, or s. 775.084.
1015 (6) For murder in the third degree as described in s.
1016 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
1017 775.084.
1018 (7) For attempted murder in the third degree as described
1019 in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
1020 or s. 775.084.
1021
1022 Notwithstanding the provisions of s. 948.01, with respect to any
1023 person who is found to have violated this section, adjudication
1024 of guilt or imposition of sentence shall not be suspended,
1025 deferred, or withheld.
1026 Section 23. For the purpose of incorporating the amendment
1027 made by this act to section 782.04, Florida Statutes, in a
1028 reference thereto, section 782.051, Florida Statutes, is
1029 reenacted to read:
1030 782.051 Attempted felony murder.—
1031 (1) Any person who perpetrates or attempts to perpetrate
1032 any felony enumerated in s. 782.04(3) and who commits, aids, or
1033 abets an intentional act that is not an essential element of the
1034 felony and that could, but does not, cause the death of another
1035 commits a felony of the first degree, punishable by imprisonment
1036 for a term of years not exceeding life, or as provided in s.
1037 775.082, s. 775.083, or s. 775.084, which is an offense ranked
1038 in level 9 of the Criminal Punishment Code. Victim injury points
1039 shall be scored under this subsection.
1040 (2) Any person who perpetrates or attempts to perpetrate
1041 any felony other than a felony enumerated in s. 782.04(3) and
1042 who commits, aids, or abets an intentional act that is not an
1043 essential element of the felony and that could, but does not,
1044 cause the death of another commits a felony of the first degree,
1045 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1046 which is an offense ranked in level 8 of the Criminal Punishment
1047 Code. Victim injury points shall be scored under this
1048 subsection.
1049 (3) When a person is injured during the perpetration of or
1050 the attempt to perpetrate any felony enumerated in s. 782.04(3)
1051 by a person other than the person engaged in the perpetration of
1052 or the attempt to perpetrate such felony, the person
1053 perpetrating or attempting to perpetrate such felony commits a
1054 felony of the second degree, punishable as provided in s.
1055 775.082, s. 775.083, or s. 775.084, which is an offense ranked
1056 in level 7 of the Criminal Punishment Code. Victim injury points
1057 shall be scored under this subsection.
1058 Section 24. For the purpose of incorporating the amendment
1059 made by this act to section 782.04, Florida Statutes, in a
1060 reference thereto, section 782.065, Florida Statutes, is
1061 reenacted to read:
1062 782.065 Murder; law enforcement officer, correctional
1063 officer, correctional probation officer.—Notwithstanding ss.
1064 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
1065 shall be sentenced to life imprisonment without eligibility for
1066 release upon findings by the trier of fact that, beyond a
1067 reasonable doubt:
1068 (1) The defendant committed murder in the first degree in
1069 violation of s. 782.04(1) and a death sentence was not imposed;
1070 murder in the second or third degree in violation of s.
1071 782.04(2), (3), or (4); attempted murder in the first or second
1072 degree in violation of s. 782.04(1)(a)1. or (2); or attempted
1073 felony murder in violation of s. 782.051; and
1074 (2) The victim of any offense described in subsection (1)
1075 was a law enforcement officer, part-time law enforcement
1076 officer, auxiliary law enforcement officer, correctional
1077 officer, part-time correctional officer, auxiliary correctional
1078 officer, correctional probation officer, part-time correctional
1079 probation officer, or auxiliary correctional probation officer,
1080 as those terms are defined in s. 943.10, engaged in the lawful
1081 performance of a legal duty.
1082 Section 25. For the purpose of incorporating the amendment
1083 made by this act to section 782.04, Florida Statutes, in a
1084 reference thereto, section 903.133, Florida Statutes, is
1085 reenacted to read:
1086 903.133 Bail on appeal; prohibited for certain felony
1087 convictions.—Notwithstanding the provisions of s. 903.132, no
1088 person adjudged guilty of a felony of the first degree for a
1089 violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
1090 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
1091 violation of s. 794.011(2) or (3), shall be admitted to bail
1092 pending review either by posttrial motion or appeal.
1093 Section 26. For the purpose of incorporating the amendment
1094 made by this act to section 782.04, Florida Statutes, in
1095 references thereto, paragraphs (h) and (i) of subsection (3) of
1096 section 921.0022, Florida Statutes, are reenacted to read:
1097 921.0022 Criminal Punishment Code; offense severity ranking
1098 chart.—
1099 (3) OFFENSE SEVERITY RANKING CHART
1100 (h) LEVEL 8
1101
1102 FloridaStatute FelonyDegree Description
1103 316.193 (3)(c)3.a. 2nd DUI manslaughter.
1104 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
1105 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
1106 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
1107 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
1108 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
1109 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
1110 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
1111 777.03(2)(a) 1st Accessory after the fact, capital felony.
1112 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
1113 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
1114 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
1115 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
1116 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
1117 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
1118 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
1119 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
1120 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
1121 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
1122 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
1123 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
1124 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
1125 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
1126 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
1127 800.04(4)(b) 2nd Lewd or lascivious battery.
1128 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
1129 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
1130 810.02(2)(a) 1st,PBL Burglary with assault or battery.
1131 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
1132 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
1133 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
1134 812.13(2)(b) 1st Robbery with a weapon.
1135 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
1136 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
1137 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
1138 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
1139 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
1140 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
1141 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
1142 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
1143 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
1144 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
1145 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
1146 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
1147 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
1148 860.16 1st Aircraft piracy.
1149 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1150 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1151 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1152 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
1153 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
1154 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
1155 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
1156 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
1157 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
1158 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
1159 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
1160 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
1161 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
1162 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
1163 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
1164 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
1165 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
1166 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
1167 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
1168 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
1169 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
1170 (i) LEVEL 9
1171
1172 FloridaStatute FelonyDegree Description
1173 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1174 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1175 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
1176 499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
1177 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1178 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1179 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1180 775.0844 1st Aggravated white collar crime.
1181 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1182 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
1183 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1184 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1185 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1186 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1187 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1188 787.02(3)(a) 1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
1189 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
1190 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
1191 787.06(3)(f)1. 1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
1192 790.161 1st Attempted capital destructive device offense.
1193 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1194 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1195 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1196 794.011(4)(a) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
1197 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
1198 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
1199 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
1200 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1201 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
1202 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1203 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1204 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1205 812.135(2)(b) 1st Home-invasion robbery with weapon.
1206 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
1207 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
1208 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
1209 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
1210 827.03(2)(a) 1st Aggravated child abuse.
1211 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1212 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1213 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
1214 893.135 1st Attempted capital trafficking offense.
1215 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1216 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1217 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1218 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
1219 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
1220 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
1221 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
1222 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
1223 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1224 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1225 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1226 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1227 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1228
1229 Section 27. For the purpose of incorporating the amendment
1230 made by this act to section 782.04, Florida Statutes, in a
1231 reference thereto, subsection (1) of section 921.16, Florida
1232 Statutes, is reenacted to read:
1233 921.16 When sentences to be concurrent and when
1234 consecutive.—
1235 (1) A defendant convicted of two or more offenses charged
1236 in the same indictment, information, or affidavit or in
1237 consolidated indictments, informations, or affidavits shall
1238 serve the sentences of imprisonment concurrently unless the
1239 court directs that two or more of the sentences be served
1240 consecutively. Sentences of imprisonment for offenses not
1241 charged in the same indictment, information, or affidavit shall
1242 be served consecutively unless the court directs that two or
1243 more of the sentences be served concurrently. Any sentence for
1244 sexual battery as defined in chapter 794 or murder as defined in
1245 s. 782.04 must be imposed consecutively to any other sentence
1246 for sexual battery or murder which arose out of a separate
1247 criminal episode or transaction.
1248 Section 28. For the purpose of incorporating the amendment
1249 made by this act to section 782.04, Florida Statutes, in a
1250 reference thereto, paragraph (i) of subsection (3) of section
1251 947.146, Florida Statutes, is reenacted to read:
1252 947.146 Control Release Authority.—
1253 (3) Within 120 days prior to the date the state
1254 correctional system is projected pursuant to s. 216.136 to
1255 exceed 99 percent of total capacity, the authority shall
1256 determine eligibility for and establish a control release date
1257 for an appropriate number of parole ineligible inmates committed
1258 to the department and incarcerated within the state who have
1259 been determined by the authority to be eligible for
1260 discretionary early release pursuant to this section. In
1261 establishing control release dates, it is the intent of the
1262 Legislature that the authority prioritize consideration of
1263 eligible inmates closest to their tentative release date. The
1264 authority shall rely upon commitment data on the offender
1265 information system maintained by the department to initially
1266 identify inmates who are to be reviewed for control release
1267 consideration. The authority may use a method of objective risk
1268 assessment in determining if an eligible inmate should be
1269 released. Such assessment shall be a part of the department’s
1270 management information system. However, the authority shall have
1271 sole responsibility for determining control release eligibility,
1272 establishing a control release date, and effectuating the
1273 release of a sufficient number of inmates to maintain the inmate
1274 population between 99 percent and 100 percent of total capacity.
1275 Inmates who are ineligible for control release are inmates who
1276 are parole eligible or inmates who:
1277 (i) Are convicted, or have been previously convicted, of
1278 committing or attempting to commit murder in the first, second,
1279 or third degree under s. 782.04(1), (2), (3), or (4), or have
1280 ever been convicted of any degree of murder or attempted murder
1281 in another jurisdiction;
1282
1283 In making control release eligibility determinations under this
1284 subsection, the authority may rely on any document leading to or
1285 generated during the course of the criminal proceedings,
1286 including, but not limited to, any presentence or postsentence
1287 investigation or any information contained in arrest reports
1288 relating to circumstances of the offense.
1289 Section 29. For the purpose of incorporating the amendment
1290 made by this act to section 782.04, Florida Statutes, in a
1291 reference thereto, paragraph (c) of subsection (8) of section
1292 948.06, Florida Statutes, is reenacted to read:
1293 948.06 Violation of probation or community control;
1294 revocation; modification; continuance; failure to pay
1295 restitution or cost of supervision.—
1296 (8)
1297 (c) For purposes of this section, the term “qualifying
1298 offense” means any of the following:
1299 1. Kidnapping or attempted kidnapping under s. 787.01,
1300 false imprisonment of a child under the age of 13 under s.
1301 787.02(3), or luring or enticing a child under s. 787.025(2)(b)
1302 or (c).
1303 2. Murder or attempted murder under s. 782.04, attempted
1304 felony murder under s. 782.051, or manslaughter under s. 782.07.
1305 3. Aggravated battery or attempted aggravated battery under
1306 s. 784.045.
1307 4. Sexual battery or attempted sexual battery under s.
1308 794.011(2), (3), (4), or (8)(b) or (c).
1309 5. Lewd or lascivious battery or attempted lewd or
1310 lascivious battery under s. 800.04(4), lewd or lascivious
1311 molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
1312 conduct under s. 800.04(6)(b), lewd or lascivious exhibition
1313 under s. 800.04(7)(b), or lewd or lascivious exhibition on
1314 computer under s. 847.0135(5)(b).
1315 6. Robbery or attempted robbery under s. 812.13, carjacking
1316 or attempted carjacking under s. 812.133, or home invasion
1317 robbery or attempted home invasion robbery under s. 812.135.
1318 7. Lewd or lascivious offense upon or in the presence of an
1319 elderly or disabled person or attempted lewd or lascivious
1320 offense upon or in the presence of an elderly or disabled person
1321 under s. 825.1025.
1322 8. Sexual performance by a child or attempted sexual
1323 performance by a child under s. 827.071.
1324 9. Computer pornography under s. 847.0135(2) or (3),
1325 transmission of child pornography under s. 847.0137, or selling
1326 or buying of minors under s. 847.0145.
1327 10. Poisoning food or water under s. 859.01.
1328 11. Abuse of a dead human body under s. 872.06.
1329 12. Any burglary offense or attempted burglary offense that
1330 is either a first degree felony or second degree felony under s.
1331 810.02(2) or (3).
1332 13. Arson or attempted arson under s. 806.01(1).
1333 14. Aggravated assault under s. 784.021.
1334 15. Aggravated stalking under s. 784.048(3), (4), (5), or
1335 (7).
1336 16. Aircraft piracy under s. 860.16.
1337 17. Unlawful throwing, placing, or discharging of a
1338 destructive device or bomb under s. 790.161(2), (3), or (4).
1339 18. Treason under s. 876.32.
1340 19. Any offense committed in another jurisdiction which
1341 would be an offense listed in this paragraph if that offense had
1342 been committed in this state.
1343 Section 30. For the purpose of incorporating the amendment
1344 made by this act to section 782.04, Florida Statutes, in a
1345 reference thereto, subsection (1) of section 948.062, Florida
1346 Statutes, is reenacted to read:
1347 948.062 Reviewing and reporting serious offenses committed
1348 by offenders placed on probation or community control.—
1349 (1) The department shall review the circumstances related
1350 to an offender placed on probation or community control who has
1351 been arrested while on supervision for the following offenses:
1352 (a) Any murder as provided in s. 782.04;
1353 (b) Any sexual battery as provided in s. 794.011 or s.
1354 794.023;
1355 (c) Any sexual performance by a child as provided in s.
1356 827.071;
1357 (d) Any kidnapping, false imprisonment, or luring of a
1358 child as provided in s. 787.01, s. 787.02, or s. 787.025;
1359 (e) Any lewd and lascivious battery or lewd and lascivious
1360 molestation as provided in s. 800.04(4) or (5);
1361 (f) Any aggravated child abuse as provided in s.
1362 827.03(2)(a);
1363 (g) Any robbery with a firearm or other deadly weapon, home
1364 invasion robbery, or carjacking as provided in s. 812.13(2)(a),
1365 s. 812.135, or s. 812.133;
1366 (h) Any aggravated stalking as provided in s. 784.048(3),
1367 (4), or (5);
1368 (i) Any forcible felony as provided in s. 776.08, committed
1369 by a person on probation or community control who is designated
1370 as a sexual predator; or
1371 (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
1372 or vehicular or vessel homicide as provided in s. 782.071 or s.
1373 782.072, committed by a person who is on probation or community
1374 control for an offense involving death or injury resulting from
1375 a driving incident.
1376 Section 31. For the purpose of incorporating the amendment
1377 made by this act to section 782.04, Florida Statutes, in a
1378 reference thereto, paragraph (b) of subsection (3) of section
1379 985.265, Florida Statutes, is reenacted to read:
1380 985.265 Detention transfer and release; education; adult
1381 jails.—
1382 (3)
1383 (b) When a juvenile is released from secure detention or
1384 transferred to nonsecure detention, detention staff shall
1385 immediately notify the appropriate law enforcement agency,
1386 school personnel, and victim if the juvenile is charged with
1387 committing any of the following offenses or attempting to commit
1388 any of the following offenses:
1389 1. Murder, under s. 782.04;
1390 2. Sexual battery, under chapter 794;
1391 3. Stalking, under s. 784.048; or
1392 4. Domestic violence, as defined in s. 741.28.
1393 Section 32. For the purpose of incorporating the amendment
1394 made by this act to section 782.04, Florida Statutes, in a
1395 reference thereto, paragraph (d) of subsection (1) of section
1396 1012.315, Florida Statutes, is reenacted to read:
1397 1012.315 Disqualification from employment.—A person is
1398 ineligible for educator certification, and instructional
1399 personnel and school administrators, as defined in s. 1012.01,
1400 are ineligible for employment in any position that requires
1401 direct contact with students in a district school system,
1402 charter school, or private school that accepts scholarship
1403 students under s. 1002.39 or s. 1002.395, if the person,
1404 instructional personnel, or school administrator has been
1405 convicted of:
1406 (1) Any felony offense prohibited under any of the
1407 following statutes:
1408 (d) Section 782.04, relating to murder.
1409 Section 33. For the purpose of incorporating the amendments
1410 made by this act to sections 775.30 and 782.04, Florida
1411 Statutes, in a reference thereto, paragraph (g) of subsection
1412 (2) of section 1012.467, Florida Statutes, is reenacted to read:
1413 1012.467 Noninstructional contractors who are permitted
1414 access to school grounds when students are present; background
1415 screening requirements.—
1416 (2)
1417 (g) A noninstructional contractor for whom a criminal
1418 history check is required under this section may not have been
1419 convicted of any of the following offenses designated in the
1420 Florida Statutes, any similar offense in another jurisdiction,
1421 or any similar offense committed in this state which has been
1422 redesignated from a former provision of the Florida Statutes to
1423 one of the following offenses:
1424 1. Any offense listed in s. 943.0435(1)(h)1., relating to
1425 the registration of an individual as a sexual offender.
1426 2. Section 393.135, relating to sexual misconduct with
1427 certain developmentally disabled clients and the reporting of
1428 such sexual misconduct.
1429 3. Section 394.4593, relating to sexual misconduct with
1430 certain mental health patients and the reporting of such sexual
1431 misconduct.
1432 4. Section 775.30, relating to terrorism.
1433 5. Section 782.04, relating to murder.
1434 6. Section 787.01, relating to kidnapping.
1435 7. Any offense under chapter 800, relating to lewdness and
1436 indecent exposure.
1437 8. Section 826.04, relating to incest.
1438 9. Section 827.03, relating to child abuse, aggravated
1439 child abuse, or neglect of a child.
1440 Section 34. This act shall take effect October 1, 2017.
