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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
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Be It Enacted by the Legislature of the State of Florida: 17
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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, and a new subs ection 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
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presumption in favor of release on nonmonetary conditions for 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 assure 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 FOR CERTAIN OF FENSES INVOLVING 35
SCHOOLS OR STUDENTS. - 36
(a) As used in this subsection, the term "school" means 37
the grounds or facility of any early learning, prekindergarten, 38
kindergarten, elementary school, middle school, junior high 39
school, secondary school, career ce nter, or postsecondary 40
school, whether public or private. 41
(b) When a person is charged with a crime under s. 42
790.115, s. 790.161, s. 790.1615, s. 790.162, s. 790.163, s. 43
790.164, s. 790.165, s. 790.166, s. 810.095, or s. 836.10, 44
alleged to have been comm itted at or against a school or against 45
a student while he or she is at school, the court must consider 46
whether conditions of electronic monitoring and a prohibition 47
from being within 1,000 feet of any school are appropriate to 48
protect the community from r isk of physical harm to persons. 49
Section 2. Section 948.301, Florida Statutes, is created 50
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to read: 51
948.301 Electronic monitoring as a condition of probation 52
or community control for certain offenders. - 53
(1) As used in this section, the term "school" means the 54
grounds or facility of any early learning, prekindergarten, 55
kindergarten, elementary school, middle school, junior high 56
school, secondary school, career center, or postsecondary 57
school, whether public or private. 58
(2) Effective for any probatio ner or community controllee 59
whose crime was committed on or after October 1, 2023, and who 60
is placed under supervision for a violation of s. 790.115, s. 61
790.161, s. 790.1615, s. 790.162, s. 790.163, s. 790.164, s. 62
790.165, s. 790.166, s. 810.095, or s. 836 .10, committed at or 63
against a school or against a student while he or she is at 64
school, the court must consider whether conditions of electronic 65
monitoring and a prohibition from being within 1,000 feet of any 66
school are appropriate for the offender. 67
Section 3. Paragraph (c) of subsection (2) of section 68
790.065, Florida Statutes, is amended to read: 69
790.065 Sale and delivery of firearms. — 70
(2) Upon receipt of a request for a criminal history 71
record check, the Department of Law Enforcement shall, during 72
the licensee's call or by return call, forthwith: 73
(c)1. Review any records available to it to determine 74
whether the potential buyer or transferee has been indicted or 75
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has had an information filed against her or him for an offense 76
that is a felony under either state or federal law, or, as 77
mandated by federal law, has had an injunction for protection 78
against domestic violence entered against the potential buyer or 79
transferee under s. 741.30, has had an injunction for protection 80
against repeat violenc e entered against the potential buyer or 81
transferee under s. 784.046, or has been arrested for a 82
dangerous crime as specified in s. 907.041(5)(a) s. 83
907.041(4)(a) or for any of the following enumerated offenses: 84
a. Criminal anarchy under ss. 876.01 and 8 76.02. 85
b. Extortion under s. 836.05. 86
c. Explosives violations under s. 552.22(1) and (2). 87
d. Controlled substances violations under chapter 893. 88
e. Resisting an officer with violence under s. 843.01. 89
f. Weapons and firearms violations under this chapter. 90
g. Treason under s. 876.32. 91
h. Assisting self-murder under s. 782.08. 92
i. Sabotage under s. 876.38. 93
j. Stalking or aggravated stalking under s. 784.048. 94
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If the review indicates any such indictment, information, or 96
arrest, the department sh all provide to the licensee a 97
conditional nonapproval number. 98
2. Within 24 working hours, the department shall determine 99
the disposition of the indictment, information, or arrest and 100
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inform the licensee as to whether the potential buyer is 101
prohibited from receiving or possessing a firearm. For purposes 102
of this paragraph, "working hours" means the hours from 8 a.m. 103
to 5 p.m. Monday through Friday, excluding legal holidays. 104
3. The office of the clerk of court, at no charge to the 105
department, shall respond to any department request for data on 106
the disposition of the indictment, information, or arrest as 107
soon as possible, but in no event later than 8 working hours. 108
4. The department shall determine as quickly as possible 109
within the allotted time period whe ther the potential buyer is 110
prohibited from receiving or possessing a firearm. 111
5. If the potential buyer is not so prohibited, or if the 112
department cannot determine the disposition information within 113
the allotted time period, the department shall provide the 114
licensee with a conditional approval number. 115
6. If the buyer is so prohibited, the conditional 116
nonapproval number shall become a nonapproval number. 117
7. The department shall continue its attempts to obtain 118
the disposition information and may retain a record of all 119
approval numbers granted without sufficient disposition 120
information. If the department later obtains disposition 121
information which indicates: 122
a. That the potential buyer is not prohibited from owning 123
a firearm, it shall treat the record of the transaction in 124
accordance with this section; or 125
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b. That the potential buyer is prohibited from owning a 126
firearm, it shall immediately revoke the conditional approval 127
number and notify local law enforcement. 128
8. During the time that disposition of the indictment, 129
information, or arrest is pending and until the department is 130
notified by the potential buyer that there has been a final 131
disposition of the indictment, information, or arrest, the 132
conditional nonapproval number shall remain in effect. 133
Section 4. This act shall take effect October 1, 2023. 134