Criminal law.

HB 207--Criminal Acts/State of Emergency

This bill reclassifies the felony degree of certain unarmed burglary offenses and theft offenses, if any of those offenses are committed in an area that is subject to a state of emergency declared by the governor under chapter 252, F.S. A reclassified offense is ranked one ranking level above the ranking of the offense committed and ranked in the offense severity level ranking chart of the Criminal Punishment Code. A person arrested for committing any of the specified burglary offenses in an area that is subject to a state of emergency may not be released until the person appears before a committing magistrate at a fast-appearance hearing. Therefore, the person can only be admitted to bail after appearance before a judge. The governor vetoed this bill.

HB 233--Unborn Quick Child

This bill expands the scope of [section]316.193(3), F.S., relating to driving under the influence, to include the death of an "unborn quick child" within the definition of DUI manslaughter. The bill also expands the application of [section]782.09, F.S. Currently, that section punishes the willful killing of an unborn quick child "by any injury to the mother of such child which would be murder if it resulted in the death of such mother" as manslaughter, a second-degree felony. This bill creates new subsections which would punish the unlawful killing of an unborn quick child by any injury to the mother at the same level as if the mother had died. In other words, if a person kills an unborn quick child by an act which would constitute first degree murder if the act were committed against the mother and she died, the offender could be charged with first-degree murder for the death of the unborn quick child. The same is true in cases of second- and third-degree murder, and manslaughter under the provisions of the bill. The bill specifies that the death of the mother resulting from the same act or criminal episode which caused the death of the unborn quick child shall not bar prosecution for the death of the unborn quick child. The definition of viable fetus, as set forth in [section]782.071, F.S., is adopted for purposes of proving the death of an unborn quick child. A fetus is considered to be viable under the terms of [section]782.071, F.S., when "it becomes capable of meaningful life outside the womb through standard medical measures." [section]782.071(2), F.S. Section 782.09, F.S., is further amended to provide that it does not authorize the prosecution of any person in connection with a termination of pregnancy pursuant to ch. 390, F.S. Approved by the governor on June 1, 2005, these provisions take effect October 1, 2005.

HB 411--Criminal Punishment Code

The bill increases the level ranking of various offenses by ranking those offenses within the offense severity ranking chart of the Criminal Punishment Code. The bill ranks in Level 5 the previously unranked (Level 1) offenses of possession of child pornography, electronic transmission of child pornography, and electronic transmission of material harmful to a minor. The bill also ranks in level 6 the unranked (Level 1) offense of facilitating sexual conduct of or with a minor, and increases from a Level 6 to a Level 7 the offense of computer solicitation of a minor to commit an unlawful sex act. The result of these changes is that an offender convicted of any of these offenses is more likely (than under the law prior to these changes) to receive a prison sentence. These provisions were approved by the governor on May 10, 2005 and take effect July 1, 2005.

SB 1440--Time Limitations/Criminal Offenses

Section 775.15, F.S., sets forth time limitations for commencing criminal prosecutions. The purpose of the statute of limitations for a criminal prosecution is to protect people from being indefinitely threatened by possible criminal prosecution, which might otherwise be delayed until such a time when defense witnesses become unavailable, judges change office, or other time hazards develop which could impede an otherwise good defense. State v. Hickman, 189 So. 2d 254 (Fla. 2nd DCA 1966), cert. denied, 194 So. 2d 618 (1966). This bill makes the statute of limitations in [section]775.15 F.S. easier to understand and more "user friendly" to practitioners and ordinary citizens by reorganizing it into a more logical and understandable format. The bill groups the general time limitation periods together, followed by the "administrative" provisions such as when an offense is committed and when a prosecution is commenced. The various exceptions and extensions to the general time limitation periods will become the final subsections in the statute. Approved by the governor on June 1, 2005, these provisions take effect July l, 2005.

CS/SB 656--Deputy James M. Weaver Act

This bill provides that the sum of $50,000 in death benefits, adjusted as provided in [section] 112.19(2)(j), F.S., shall be paid if a law enforcement, correctional, or correctional probation officer is accidentally killed at the scene of a traffic accident to which the officer responded or while enforcing what is reasonably believed to be a traffic law or ordinance. The bill also provides, with certain exceptions, that no disciplinary action, demotion, or dismissal shall be undertaken by an agency against a law enforcement officer or correctional officer for an allegation of misconduct if the investigation of the allegation is not completed within 180 days after the date the agency receives notice of the allegation by a person authorized by the agency to initiate the investigation of the misconduct. The bill also provides a time limitation for completing an investigation and giving notice when the agency determines disciplinary action is appropriate, and provides for circumstances in which this limitations period may be tolled. The bill also provides a time limitation for completing a disciplinary action resulting from an investigation that is reopened, and provides circumstances in which the investigation may be reopened, notwithstanding the limitations period for commencing a disciplinary action. Approved by the governor on June 1, 2005, these provisions take effect July 1, 2005, and apply to actions arising on or after that date.

HB 1877--Jessica Lunsford Act

The bill (Chapter 2005-28, L.O.F.), entitled the "Jessica Lunsford Act," contains many major provisions. The bill mandates a 25-year minimum mandatory term of imprisonment followed by life-time supervision with electronic monitoring for persons convicted of lewd and lascivious molestation of a child under 12 (currently there is no lifetime supervision mandate). It expands from 20 years to 30 years the period of time before someone can petition to have the sexual predator designation removed. It creates a new aggravating circumstance to qualify a murdering sexual predator for a death sentence. It creates two new third degree felonies: (1) for harboring a registered sex offender/predator, and (2) for tampering with an electronic monitoring device. The bill strengthens and expands the background screening requirement for contract employees working on school grounds. There is already a screening requirement in current law. This amendment clarifies that the screening requirement applies to individuals who are permitted access on school grounds when students are present. It requires the Florida Department of Law Enforcement (FDLE) to provide information to local law enforcement officials about sexual predators and sexual offenders who fail to register or fail to respond to address verification attempts or otherwise abscond from registration requirements. It also requires the Department of Corrections (DOC) to purchase and operate fingerprint reading equipment for probation offices to better track the probationer when they are rearrested. The bill increases the penalty for the failure of a sex offender or sexual predator to register and creates a penalty for failure to report to the sheriff's office. It enhances the penalty for lewd and lascivious molestation of a child younger than 12 years of age from a first degree felony to a life felony. The bill requires county misdemeanor probation officials to search the sex offender/predator registry. It requires contracts with private misdemeanor probation providers to include procedures for accessing criminal history records of probationers. The bill requires the Office of Program Policy and Government Accountability (OPPAGA) to study every three years the registry and report findings to the Legislature every three years. Also, OPPAGA is asked to look at sentencing information and plea negotiation practices and report back to the Legislature by March of 2006. FDLE is required to implement a biannual check-in process for sexual predators and offenders. Twice a year the registered offenders will need to report to their local county jail or be subject to criminal prosecution. The bill almost triples the funding of electronic monitoring units used by state probation officials and requires the purchase of the new units to be competitively bid. It creates a task force within FDLE to examine the collection and dissemination of criminal history records. DOC is directed to review and report serious offenses committed by probationers, and develop a risk assessment system to monitor high risk offenders and to provide cumulative histories to the court on high risk sex offenders. The bill requires a court to make a finding that the sex offender on probation does not pose a danger to the public before he or she is released with or without bail on a violation of probation. It expands the types of mandatory conditions that the court must impose on sex offenders when they sentence them to community control supervision, such as maintaining a driving log and submitting to polygraph testing. We already have these conditions for those offenders placed on sex offender probation; this amendment expands it to all community controllees. The bill prospectively mandates that the Parole Commission order electronic monitoring for persons who are leaving prison on conditional release and who have been convicted of various unlawful sex acts against a child 15 years of age or younger. It retroactively requires the court to electronically monitor registered sex offenders and sexual predators whose victims were 15 years of age or younger and who violate their probation or community control and the court imposes a subsequent term of probation and community control. Finally, the bill prospectively mandates the court to order electronic monitoring for persons placed on probation or community control who: are convicted or previously convicted of various unlawful sex acts against a child 15 years of age or younger; or are registered sexual predators. These provisions were approved by the governor on May 10, 2005 and take effect September 1, 2005.

CS/SB 1354--Sexual Offenders

This bill amends portions of chapters. 947 and 948, F.S., to establish the narrow circumstances under which a sexual offender on conditional release, probation, or community control may have supervised contact with a minor. If the offender's victim was under the age of 18, the offender may only have supervised contact with a minor if it is approved by the Parole Commission or the sentencing court and is recommended by a qualified practitioner who has performed a risk assessment and issued a written report based upon a lengthy list of criteria. The visit may not take place unless the minor's parent or legal guardian has agreed in writing to the visit and has reviewed a safety plan detailing the acceptable conditions of contact during the visit. The bill also prohibits the offender from accessing or using the Internet until the qualified practitioner approves a safety plan for the offender's use of the Internet or similar service. Approved by the governor on May 26, 2005, these provisions take effect January 1, 2006.

CS/CS/SB 436--Protection of Persons/Use of Force

This bill (Chapter 2005-27, L.O.F.) substantially amends [section]776.012, F.S., and [section]776.031, F.S. This bill also creates two new sections of the Florida Statutes: [section]776.013, F.S., and [section]776.032, F.S. The bill permits a person to use force, including deadly force, without fear of criminal prosecution or civil action for damages, against a person who unlawfully and forcibly enters the person's dwelling, residence, or occupied vehicle. Additionally, the bill abrogates the common law duty to retreat when attacked before using deadly force that is reasonably necessary to prevent imminent death or great bodily harm. These provisions were approved by the governor and take effect October 1, 2005.

HB 193--Chad Meredith Act/Hazing

The bill expands the definition of "hazing" as it applies to postsecondary institutions and prohibits high school hazing for grades 9 through 12. "Hazing" means any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes, including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a high school or postsecondary institution, as applicable. "Hazing" does not include customary athletic events or other similar contests or competitions. Hazing at the high school or college level shall be a first degree misdemeanor if the hazing creates a substantial risk of physical injury or death, or a third degree felony if the hazing results in serious bodily injury or death. A court is required to order an individual convicted of hazing to attend and complete a 4-hour hazing education course and may also impose a condition of drug or alcohol probation. The bill provides that certain defenses to a criminal action are not applicable to the crime of hazing. These prohibited defenses include consent of the victim, the hazing was not part of an official organizational event, or the hazing was not conducted as a condition of membership into the organization. Approved by the governor on June 7, 2005, these provisions take effect July 1, 2005, and apply to offenses committed on or after that date.