Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 496
       
       
       
       
       
       
                                Ì840234{Î840234                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Criminal Justice (Burgess) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsection (4) of section 907.041,
    6  Florida Statutes, is redesignated as subsection (5), a new
    7  subsection (4) is added to that section, and paragraph (a) of
    8  subsection (3) of that section is amended, to read:
    9         907.041 Pretrial detention and release.—
   10         (3) RELEASE ON NONMONETARY CONDITIONS.—
   11         (a) It is the intent of the Legislature to create a
   12  presumption in favor of release on nonmonetary conditions for
   13  any person who is granted pretrial release unless such person is
   14  charged with a dangerous crime as defined in subsection (5) (4).
   15  Such person shall be released on monetary conditions if it is
   16  determined that such monetary conditions are necessary to assure
   17  the presence of the person at trial or at other proceedings, to
   18  protect the community from risk of physical harm to persons, to
   19  assure the presence of the accused at trial, or to assure the
   20  integrity of the judicial process.
   21         (4)SPECIAL CONDITIONS FOR CERTAIN OFFENSES INVOLVING
   22  SCHOOLS OR STUDENTS.—
   23         (a)As used in this subsection, the term “school” means the
   24  grounds or facility of any early learning, prekindergarten,
   25  kindergarten, elementary school, middle school, junior high
   26  school, secondary school, career center, or postsecondary
   27  school, whether public or private.
   28         (b)When a person is charged with a crime under s. 790.115,
   29  s. 790.161, s. 790.1615, s. 790.162, s. 790.163, s. 790.164, s.
   30  790.165, s. 790.166, s. 810.095, or s. 836.10, alleged to have
   31  been committed at or against a school or against a student while
   32  he or she is at school, the court must consider whether
   33  conditions of electronic monitoring and a prohibition from being
   34  within 1,000 feet of any school are appropriate to protect the
   35  community from risk of physical harm to persons.
   36         Section 2. Section 948.301, Florida Statutes, is created to
   37  read:
   38         948.301Electronic monitoring as a condition of probation
   39  or community control for certain offenders.—
   40         (1)As used in this section, the term “school” means the
   41  grounds or facility of any early learning, prekindergarten,
   42  kindergarten, elementary school, middle school, junior high
   43  school, secondary school, career center, or postsecondary
   44  school, whether public or private.
   45         (2)Effective for any probationer or community controllee
   46  whose crime was committed on or after October 1, 2023, and who
   47  is placed under supervision for a violation of s. 790.115, s.
   48  790.161, s. 790.1615, s. 790.162, s. 790.163, s. 790.164, s.
   49  790.165, s. 790.166, s. 810.095, or s. 836.10, committed at or
   50  against a school or against a student while he or she is at
   51  school, the court must consider whether conditions of electronic
   52  monitoring and a prohibition from being within 1,000 feet of any
   53  school are appropriate for the offender.
   54         Section 3. Paragraph (c) of subsection (2) of section
   55  790.065, Florida Statutes, is amended to read:
   56         790.065 Sale and delivery of firearms.—
   57         (2) Upon receipt of a request for a criminal history record
   58  check, the Department of Law Enforcement shall, during the
   59  licensee’s call or by return call, forthwith:
   60         (c)1. Review any records available to it to determine
   61  whether the potential buyer or transferee has been indicted or
   62  has had an information filed against her or him for an offense
   63  that is a felony under either state or federal law, or, as
   64  mandated by federal law, has had an injunction for protection
   65  against domestic violence entered against the potential buyer or
   66  transferee under s. 741.30, has had an injunction for protection
   67  against repeat violence entered against the potential buyer or
   68  transferee under s. 784.046, or has been arrested for a
   69  dangerous crime as specified in s. 907.041(5)(a) s.
   70  907.041(4)(a) or for any of the following enumerated offenses:
   71         a. Criminal anarchy under ss. 876.01 and 876.02.
   72         b. Extortion under s. 836.05.
   73         c. Explosives violations under s. 552.22(1) and (2).
   74         d. Controlled substances violations under chapter 893.
   75         e. Resisting an officer with violence under s. 843.01.
   76         f. Weapons and firearms violations under this chapter.
   77         g. Treason under s. 876.32.
   78         h. Assisting self-murder under s. 782.08.
   79         i. Sabotage under s. 876.38.
   80         j. Stalking or aggravated stalking under s. 784.048.
   81  
   82  If the review indicates any such indictment, information, or
   83  arrest, the department shall provide to the licensee a
   84  conditional nonapproval number.
   85         2. Within 24 working hours, the department shall determine
   86  the disposition of the indictment, information, or arrest and
   87  inform the licensee as to whether the potential buyer is
   88  prohibited from receiving or possessing a firearm. For purposes
   89  of this paragraph, “working hours” means the hours from 8 a.m.
   90  to 5 p.m. Monday through Friday, excluding legal holidays.
   91         3. The office of the clerk of court, at no charge to the
   92  department, shall respond to any department request for data on
   93  the disposition of the indictment, information, or arrest as
   94  soon as possible, but in no event later than 8 working hours.
   95         4. The department shall determine as quickly as possible
   96  within the allotted time period whether the potential buyer is
   97  prohibited from receiving or possessing a firearm.
   98         5. If the potential buyer is not so prohibited, or if the
   99  department cannot determine the disposition information within
  100  the allotted time period, the department shall provide the
  101  licensee with a conditional approval number.
  102         6. If the buyer is so prohibited, the conditional
  103  nonapproval number shall become a nonapproval number.
  104         7. The department shall continue its attempts to obtain the
  105  disposition information and may retain a record of all approval
  106  numbers granted without sufficient disposition information. If
  107  the department later obtains disposition information which
  108  indicates:
  109         a. That the potential buyer is not prohibited from owning a
  110  firearm, it shall treat the record of the transaction in
  111  accordance with this section; or
  112         b. That the potential buyer is prohibited from owning a
  113  firearm, it shall immediately revoke the conditional approval
  114  number and notify local law enforcement.
  115         8. During the time that disposition of the indictment,
  116  information, or arrest is pending and until the department is
  117  notified by the potential buyer that there has been a final
  118  disposition of the indictment, information, or arrest, the
  119  conditional nonapproval number shall remain in effect.
  120         Section 4. This act shall take effect October 1, 2023.
  121  
  122  ================= T I T L E  A M E N D M E N T ================
  123  And the title is amended as follows:
  124         Delete everything before the enacting clause
  125  and insert:
  126                        A bill to be entitled                      
  127         An act relating to electronic monitoring of persons
  128         charged with or convicted of offenses involving
  129         schools or students; amending s. 907.041, F.S.;
  130         defining the term “school”; requiring a court to
  131         consider electronic monitoring and location
  132         restrictions as conditions of pretrial release for
  133         persons charged with certain offenses against schools
  134         or students; creating s. 948.301, F.S.; defining the
  135         term “school”; requiring a court to consider
  136         electronic monitoring and location restrictions as
  137         conditions of probation or community control for
  138         persons charged with certain offenses against schools
  139         or students; amending s. 790.065, F.S.; conforming a
  140         cross-reference; providing an effective date.