Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 496
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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:
38 948.301 Electronic 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.