HB 329 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to electronic monitoring of persons 2
charged with or convicted of offenses involving 3
schools or students; amending s. 907.041, F.S.; 4
providing a definition; requiring a court to consider 5
electronic monitoring and location restrictions as 6
conditions of pretrial release for persons charged 7
with certain offenses against schools or students; 8
creating s. 948.301, F.S.; providing a definition ; 9
requiring a court to consider electronic monitoring 10
and location restrictions as conditions of probation 11
or community control for persons charged with certain 12
offenses against schools or students; amending s. 13
790.065, F.S.; correcting a cross -reference; providing 14
an effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. Subsection (4) of section 907.041, Florida 19
Statutes, is renumbered as subsection (5), paragraph (a) of 20
subsection (3) of that section is amended, an d a new subsection 21
(4) is added to that section, to read: 22
907.041 Pretrial detention and release. — 23
(3) RELEASE ON NONMONETARY CONDITIONS. — 24
(a) It is the intent of the Legislature to create a 25
HB 329 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
presumption in favor of release on nonmonetary conditions f or 26
any person who is granted pretrial release unless such person is 27
charged with a dangerous crime as defined in subsection (5) (4). 28
Such person shall be released on monetary conditions if it is 29
determined that such monetary conditions are necessary to ass ure 30
the presence of the person at trial or at other proceedings, to 31
protect the community from risk of physical harm to persons, to 32
assure the presence of the accused at trial, or to assure the 33
integrity of the judicial process. 34
(4) SPECIAL CONDITIONS FO R CERTAIN OFFENSES INVOLVING 35
SCHOOLS OR STUDENTS. - 36
(a) As used in this subsection, the term "school" has the 37
same meaning as provided in s. 1003.01(2) and includes a private 38
school as defined in s. 1002.01, a developmental research school 39
as described in s. 1002.32, a charter school as described in s. 40
1002.33, a voluntary kindergarten education program as described 41
in s. 1002.53(3), early learning programs, a public school as 42
described in s. 402.3025(1), and the Florida School for the Deaf 43
and the Blind. 44
(b) When a person is charged with a crime under s. 45
790.115, s. 790.161, s. 790.1615, s. 790.162, s. 790.163, s. 46
790.164, s. 790.165, s. 790.166, s. 810.095, or s. 836.10, 47
alleged to have been committed at or against a school or against 48
a student while he or she is in attendance at school, the court 49
must consider whether conditions of electronic monitoring and a 50
HB 329 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
prohibition from being within 1,000 feet of any school are 51
appropriate to protect the community from risk of physical harm 52
to persons. 53
Section 2. Section 948.301, Florida Statutes, is created 54
to read: 55
948.301 Electronic monitoring as a condition of probation 56
or community control for certain offenders. - 57
(1) As used in this section, the term "school" has the 58
same meaning as provided in s. 1003 .01(2) and includes a private 59
school as defined in s. 1002.01, a developmental research school 60
as described in s. 1002.32, a charter school as described in s. 61
1002.33, a voluntary kindergarten education program as described 62
in s. 1002.53(3), early learning programs, a public school as 63
described in s. 402.3025(1), and the Florida School for the Deaf 64
and the Blind. 65
(2) Effective for any probationer or community controllee 66
whose crime was committed on or after October 1, 2023, and who 67
is placed under supervi sion for a violation of s. 790.115, s. 68
790.161, s. 790.1615, s. 790.162, s. 790.163, s. 790.164, s. 69
790.165, s. 790.166, s. 810.095, or s. 836.10, committed at or 70
against a school or against a student while he or she is in 71
attendance at school, the court m ust consider whether conditions 72
of electronic monitoring and a prohibition from being within 73
1,000 feet of any school are appropriate for the offender. 74
Section 3. Paragraph (c) of subsection (2) of section 75
HB 329 2023
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790.065, Florida Statutes, is amended to read: 76
790.065 Sale and delivery of firearms. — 77
(2) Upon receipt of a request for a criminal history 78
record check, the Department of Law Enforcement shall, during 79
the licensee's call or by return call, forthwith: 80
(c)1. Review any records available to it to determine 81
whether the potential buyer or transferee has been indicted or 82
has had an information filed against her or him for an offense 83
that is a felony under either state or federal law, or, as 84
mandated by federal law, has had an injunction for protection 85
against domestic violence entered against the potential buyer or 86
transferee under s. 741.30, has had an injunction for protection 87
against repeat violence entered against the potential buyer or 88
transferee under s. 784.046, or has been arrested for a 89
dangerous crime as specified in s. 907.041(5)(a) s. 90
907.041(4)(a) or for any of the following enumerated offenses: 91
a. Criminal anarchy under ss. 876.01 and 876.02. 92
b. Extortion under s. 836.05. 93
c. Explosives violations under s. 552.22(1) and (2). 94
d. Controlled substances violations under chapter 893. 95
e. Resisting an officer with violence under s. 843.01. 96
f. Weapons and firearms violations under this chapter. 97
g. Treason under s. 876.32. 98
h. Assisting self-murder under s. 782.08. 99
i. Sabotage under s. 876.38. 100
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j. Stalking or aggravated stalking under s. 784.048. 101
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If the review indicates any such indictment, information, or 103
arrest, the department shall provide to the licensee a 104
conditional nonapproval numb er. 105
2. Within 24 working hours, the department shall determine 106
the disposition of the indictment, information, or arrest and 107
inform the licensee as to whether the potential buyer is 108
prohibited from receiving or possessing a firearm. For purposes 109
of this paragraph, "working hours" means the hours from 8 a.m. 110
to 5 p.m. Monday through Friday, excluding legal holidays. 111
3. The office of the clerk of court, at no charge to the 112
department, shall respond to any department request for data on 113
the disposition of the indictment, information, or arrest as 114
soon as possible, but in no event later than 8 working hours. 115
4. The department shall determine as quickly as possible 116
within the allotted time period whether the potential buyer is 117
prohibited from receiving or p ossessing a firearm. 118
5. If the potential buyer is not so prohibited, or if the 119
department cannot determine the disposition information within 120
the allotted time period, the department shall provide the 121
licensee with a conditional approval number. 122
6. If the buyer is so prohibited, the conditional 123
nonapproval number shall become a nonapproval number. 124
7. The department shall continue its attempts to obtain 125
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the disposition information and may retain a record of all 126
approval numbers granted without sufficie nt disposition 127
information. If the department later obtains disposition 128
information which indicates: 129
a. That the potential buyer is not prohibited from owning 130
a firearm, it shall treat the record of the transaction in 131
accordance with this section; or 132
b. That the potential buyer is prohibited from owning a 133
firearm, it shall immediately revoke the conditional approval 134
number and notify local law enforcement. 135
8. During the time that disposition of the indictment, 136
information, or arrest is pending and unt il the department is 137
notified by the potential buyer that there has been a final 138
disposition of the indictment, information, or arrest, the 139
conditional nonapproval number shall remain in effect. 140
Section 4. This act shall take effect October 1, 2023. 141