Criminal Law.

CS/HB 29--DNA Testing

This bill provides that incarcerated persons and persons under community supervision are required to submit blood or other biological specimens for inclusion in the statewide DNA data bank if they have been convicted of any felony offense, certain misdemeanors, or any offense that was found to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang. This bill was signed into law by the Governor and takes effect July 1, 2008. Ch. 08-27, L.O.F.

CS/CS/HB 43--Criminal Activity

This bill addresses the issue of criminal gang activity. The bill requires a felon, as part of convicted felon registration, to register information on any felony committed for the purpose of furthering a criminal gang, and creates a third degree felony for failure to register such information. The bill creates a first degree felony, punishable by imprisonment up to life and ranked in level 7 of the offense severity ranking chart of the Criminal Punishment Code, for a person to own or possess a firearm, ammunition, or specified weapon or device if that person has been convicted of a felony and has previously qualified or currently qualifies for penalty enhancements under Ch. 874, F.S. The bill provides that person commit a third degree felony if they are in possession of a bulletproof vest while committing or attempting to commit a criminal gang-related offense under Ch. 874, F.S., or a narcotics offense under Ch. 893, F.S. The bill also provides that a criminal gang, criminal gang member, or criminal gang associate who engages in the commission of criminal gang-related activity is a public nuisance, and that the use of a location on 2 or more occasions by such person or persons for the purpose of engaging in criminal gang-related activity is also a public nuisance--which can be abated or enjoined. The bill makes a number of changes to current definitions and creates new definitions. Subject to the Governor's veto powers, the effective date of this bill is October 1, 2008, except as otherwise provided.

HB 61--Offenses Against Officers

The bill extends the current prohibition in s. 776.051, F.S. against a citizen's use of violence to resist an arrest to include virtually any legal duty undertaken by a law enforcement officer so long as it is undertaken in good faith. The bill prohibits the use of force "to resist a law enforcement officer who is engaged in the execution of a legal duty, if the law enforcement officer was acting in good faith." The bill gives law enforcement officers greater legal protections in citizen encounters that do not rise to the level of arrests, should a citizen respond to an officer aggressively or violently. Also, the law enforcement officer or any person summoned to assist the officer may not use force under circumstances, including arrests or the execution of other legal duties, if the officer's actions are unlawful and known by the officer to be unlawful. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-67, L.O.F.

HB 85--Lewd or Lascivious Molestation 

This bill requires the imposition of a life sentence for a second or subsequent violation for the offense of lewd or lascivious molestation where the victim is under the age of 12 and the offender is 18 or older. Subject to the Governor's veto powers, the effective date of this bill is July 1, 2008.

CS/SB 92--Persons Injured by Crime / Medical Treatment

This bill creates s. 843.21, F.S., which provides that a person who takes custody of or exercises control over a person he or she knows to be injured as a result of criminal activity and deprives that person of medical care with the intent to avoid, delay, hinder, or obstruct any investigation of the criminal activity contributing to the injury commits a third degree felony where the victim's medical condition worsens as a result of the deprivation of medical care, and a second degree felony where the deprivation of medical care results in the victim's death. Subject to the Governor's veto powers, the effective date of this bill is October 1, 2008.

CS/HB 137--Operating a Motor Vehicle

This bill provides additional penalties for certain offenses committed by motor vehicle operators. These penalties include increases in fines and license suspension for motor vehicle operators who exceed the speed limit by more than 50 miles per hour, or who operate a motorcycle improperly. The bill expands restrictions on the proper operation of a motorcycle to include a requirement that both wheels remain on the ground at all times and a requirement that the motorcycle's license plate be permanently affixed horizontally to the ground and incapable of being flipped up. A first violation of the motorcycle or speeding prohibitions results in a non-criminal violation punishable by a $1,000 fine. A second violation is a non-criminal violation resulting in a $2,500 fine and the suspension of the operator's license for one year. Violators cited for a third violation commit a third degree felony, receive a mandatory fine of $5,000, and 10-year revocation of the offender's driver's license. Subject to the Governor's veto powers, the effective date of this bill is October 1, 2008.

HB 313--Dating Violence

This bill creates the Barwick-Ruschak Act and adds the requirements of s. 741.29, F.S., to the dating violence statute so that they apply to incidents of dating violence as well as domestic violence. The bill also creates a first degree misdemeanor for the willful violation of a condition of pretrial release when the original arrest was for dating violence and requires that offenders be held in custody until their first appearance. Subject to the Governor's veto powers, the effective date of this bill is October 1, 2008.

CS/HB 321--Murder of Law Enforcement Officers

This bill creates s. 782.065, F.S., which provides that notwithstanding the Law Enforcement Protection Act and other sentencing statutes, a person must be sentenced to life imprisonment without eligibility for release upon a finding by the factfinder that a person committed one of the following crimes against a law enforcement officer, part-time law enforcement officer, or auxiliary law enforcement officer engaged in the lawful performance of a legal duty: murder in the first degree; murder in the second or third degree; attempted murder in the first or second degree; or attempted felony murder. Approved by the Governor, these provisions take effect October 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-74, L.O.F.

CS/SB 1988--Drivers' Licenses / Suspended, Revoked, or Canceled

The bill subjects individuals convicted of knowingly driving while their license is suspended, revoked, or cancelled for underlying violations as enumerated in the bill, to a second degree misdemeanor penalty for the first conviction and a first degree misdemeanor penalty for the second or subsequent conviction. The underlying enumerated violations (allowing a driver to be subject to a first degree misdemeanor penalty rather than the third degree felony penalty for a third or subsequent conviction) include: failing to pay child support under s. 322.245 or s. 61.13016, F.S.; failing to pay any other financial obligation under s. 322.245, F.S., (other than those specified criminal offenses in s. 322.245(1), F.S).; failing to comply with a required civil penalty (paying traffic tickets and fees) under s. 318.15, F.S.; failing to maintain required vehicular financial responsibility under Ch. 324, F.S.; failing to comply with attendance or other requirements for minors under s. 322.091, F.S.; or having been designated a habitual traffic offender under s. 322.264(1)(d), F.S., (driving with a suspended license 3 times in 5 years) as a result of license suspensions for any of the underlying violations listed above. This newly created first degree misdemeanor penalty will only be available to drivers who do not have a prior forcible felony conviction. The bill requires the Department of Highway Safety and Motor Vehicles, in consultation with OPPAGA, to study the effectiveness of suspending a person's driver's license for the underlying violations listed above and submit a report to the Governor and Legislature by January 2, 2009. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-53, L.O.F.

CS/SB 622--Orders of No Contact with Victims of Crimes

This bill adds to the list of crimes that require courts to issue a no contact order when sentencing persons convicted of any of the following offenses contained in s. 775.084(1)(b)1.a.-o., F.S. Those crimes include: arson, robbery, kidnapping, aggravated child abuse, aggravated abuse of an elderly person or disabled adult, aggravated assault with a deadly weapon, murder, manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, unlawful throwing, placing, or discharging of a destructive device or bomb, armed burglary, aggravated battery, and aggravated stalking. Subject to the Governor's veto powers, the effective date of this bill is October 1, 2008.

CS/CS/CS/SB 756--Wrongful Incarceration Compensation

This bill creates the "Victims of Wrongful Incarceration Compensation Act" and creates a program to compensate persons who were wrongfully convicted and incarcerated for a felony offense. It provides a process whereby the person may petition the original sentencing court for an order finding the petitioner to be a wrongfully incarcerated person, eligible for compensation upon a final order vacating his or her sentence based upon exonerating evidence. The bill provides an opportunity for the prosecuting authority to either acquiesce in or to contest the petition. If the prosecuting authority contests the petition, there is a hearing before an administrative law judge who then reports findings of fact and recommendations to the court. The court makes the determination as to the person's status as wrongfully incarcerated and eligibility for compensation under the program. A wrongfully incarcerated person is not eligible for compensation if: before the person's wrongful conviction and incarceration, the person was convicted of, regardless of adjudication, any felony offense, excluding any delinquency disposition; during the person's wrongful incarceration, the person was convicted of, regardless of adjudication, any felony offense; or during the person's wrongful incarceration, the person was also serving a concurrent sentence for another felony for which the person was not wrongfully convicted. A wrongfully incarcerated person may not submit an application for compensation if the person is the subject of a claim bill pending for claims arising out of the facts in connection with the claimant's conviction and incarceration; if the person has a lawsuit pending which requests compensation arising out of the facts in connection with the claimant's conviction and incarceration. Once an application is filed, a wrongfully incarcerated person may not pursue recovery under a claim bill until the final disposition of the application. Upon approval of a wrongfully incarcerated person's status and eligibility, the person may then apply for compensation with the Department of Legal Affairs. Upon review and approval of the application, the Chief Financial Officer is authorized to pay compensation in the amount of $50,000 per year of imprisonment (adjusted for inflation beginning January 1, 2009) up to a $2 million limit; a waiver of tuition and fees up to 120 hours; payment of any fines, penalties, or court costs imposed and paid by the wrongfully incarcerated person; and reasonable attorney's fees and expenses. Additionally, the person is entitled to automatic administrative expunction of his or her criminal record associated with the wrongful conviction. The CFO must purchase an annuity on behalf of the claimant for a term of not less than 10 years. Prior to the purchase of the annuity, the claimant must forever release all governmental entities from all claims arising out of the facts in connection with the wrongful conviction. The bill provides a continuing appropriation from the General Revenue Fund sufficient to pay any the approved payments under the bill. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-39, L.O.F.

CS/HB 1417--Counterfeit Goods

This bill re-organizes the provisions of ss. 831.03 and 831.05, F.S., relating to counterfeiting and creates new statutory sections relating to counterfeiting based upon model legislation drafted by the U.S. Chamber of Commerce. Specifically, the bill: provides that proof of a person possessing more than 25 pieces of property that bear a counterfeit mark gives rise to an inference that such property is being possessed with the intent to offer it for sale or distribution; provides a tiered penalty system based on the quantity or total retail value of counterfeited goods that are knowingly sold, manufactured, distributed, or transported; increases the penalty for counterfeiting offenses if a person, during the commission of the offense or as a result of the offense, knowingly, or by culpable negligence, causes bodily injury, serious bodily injury, or death; and Increases the penalty for repeat offenders of counterfeiting. Subject to the Governor's veto powers, the effective date of this bill is October 1, 2008.

CS/HB 1509--Community Service for Infractions of Non-Criminal Traffic Offenses

This bill amends s. 318.18(8), F.S., relating to disposition of non-criminal traffic penalties by performing community service. The bill provides that a person desiring to perform community service in lieu of payment must prove a demonstrable financial hardship. The legislation provides additional guidance to clerks of court by defining "community service" as uncompensated labor for a community service agency--defined as a non-profit corporation, community organization, charitable organization, a public officer, the state or any political subdivision of the state, or any other body the purpose of which is to improve the quality of life or social welfare of the community and which agrees to accept community service from persons unable to pay civil penalties for non-criminal traffic infractions. The bill provides that clerks shall value community service at minimum-wage unless certain conditions justify "prevailing wage rates," which are higher rates applicable to specialized trades and professions. Subject to the Governor's veto powers, the effective date of this bill is July 1, 2008.