FL
Florida House Bill H0329

Florida 2023 Regular Session

Florida House Bill H0329 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to electronic monitoring of persons 2
1616 charged with or convicted of offenses involving 3
1717 schools or students; amending s. 907.041, F.S.; 4
1818 providing a definition; requiring a court to consider 5
1919 electronic monitoring and location restrictions as 6
2020 conditions of pretrial release for persons charged 7
2121 with certain offenses against schools or students; 8
2222 creating s. 948.301, F.S.; providing a definition; 9
2323 requiring a court to consider electronic monitoring 10
2424 and location restrictions as conditions of probation 11
2525 or community control for persons charged with certain 12
2626 offenses against schools or students; amending s. 13
2727 790.065, F.S.; correcting a cross -reference; providing 14
2828 an effective date. 15
2929 16
3030 Be It Enacted by the Legislature of the State of Florida: 17
3131 18
3232 Section 1. Subsection (4) of section 907.041, Florida 19
3333 Statutes, is renumbered as subsection (5), paragraph (a) of 20
3434 subsection (3) of that section is amended, and a new subs ection 21
3535 (4) is added to that section, to read: 22
3636 907.041 Pretrial detention and release. — 23
3737 (3) RELEASE ON NONMONETARY CONDITIONS. — 24
3838 (a) It is the intent of the Legislature to create a 25
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4747 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
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5151 presumption in favor of release on nonmonetary conditions for 26
5252 any person who is granted pretrial release unless such person is 27
5353 charged with a dangerous crime as defined in subsection (5) (4). 28
5454 Such person shall be released on monetary conditions if it is 29
5555 determined that such monetary conditions are necessary to assure 30
5656 the presence of the person at trial or at other proceedings, to 31
5757 protect the community from risk of physical harm to persons, to 32
5858 assure the presence of the accused at trial, or to assure the 33
5959 integrity of the judicial process. 34
6060 (4) SPECIAL CONDITIONS FOR CERTAIN OF FENSES INVOLVING 35
6161 SCHOOLS OR STUDENTS. - 36
6262 (a) As used in this subsection, the term "school" means 37
6363 the grounds or facility of any early learning, prekindergarten, 38
6464 kindergarten, elementary school, middle school, junior high 39
6565 school, secondary school, career ce nter, or postsecondary 40
6666 school, whether public or private. 41
6767 (b) When a person is charged with a crime under s. 42
6868 790.115, s. 790.161, s. 790.1615, s. 790.162, s. 790.163, s. 43
6969 790.164, s. 790.165, s. 790.166, s. 810.095, or s. 836.10, 44
7070 alleged to have been comm itted at or against a school or against 45
7171 a student while he or she is at school, the court must consider 46
7272 whether conditions of electronic monitoring and a prohibition 47
7373 from being within 1,000 feet of any school are appropriate to 48
7474 protect the community from r isk of physical harm to persons. 49
7575 Section 2. Section 948.301, Florida Statutes, is created 50
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8484 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
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8888 to read: 51
8989 948.301 Electronic monitoring as a condition of probation 52
9090 or community control for certain offenders. - 53
9191 (1) As used in this section, the term "school" means the 54
9292 grounds or facility of any early learning, prekindergarten, 55
9393 kindergarten, elementary school, middle school, junior high 56
9494 school, secondary school, career center, or postsecondary 57
9595 school, whether public or private. 58
9696 (2) Effective for any probatio ner or community controllee 59
9797 whose crime was committed on or after October 1, 2023, and who 60
9898 is placed under supervision for a violation of s. 790.115, s. 61
9999 790.161, s. 790.1615, s. 790.162, s. 790.163, s. 790.164, s. 62
100100 790.165, s. 790.166, s. 810.095, or s. 836 .10, committed at or 63
101101 against a school or against a student while he or she is at 64
102102 school, the court must consider whether conditions of electronic 65
103103 monitoring and a prohibition from being within 1,000 feet of any 66
104104 school are appropriate for the offender. 67
105105 Section 3. Paragraph (c) of subsection (2) of section 68
106106 790.065, Florida Statutes, is amended to read: 69
107107 790.065 Sale and delivery of firearms. — 70
108108 (2) Upon receipt of a request for a criminal history 71
109109 record check, the Department of Law Enforcement shall, during 72
110110 the licensee's call or by return call, forthwith: 73
111111 (c)1. Review any records available to it to determine 74
112112 whether the potential buyer or transferee has been indicted or 75
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121121 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
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125125 has had an information filed against her or him for an offense 76
126126 that is a felony under either state or federal law, or, as 77
127127 mandated by federal law, has had an injunction for protection 78
128128 against domestic violence entered against the potential buyer or 79
129129 transferee under s. 741.30, has had an injunction for protection 80
130130 against repeat violenc e entered against the potential buyer or 81
131131 transferee under s. 784.046, or has been arrested for a 82
132132 dangerous crime as specified in s. 907.041(5)(a) s. 83
133133 907.041(4)(a) or for any of the following enumerated offenses: 84
134134 a. Criminal anarchy under ss. 876.01 and 8 76.02. 85
135135 b. Extortion under s. 836.05. 86
136136 c. Explosives violations under s. 552.22(1) and (2). 87
137137 d. Controlled substances violations under chapter 893. 88
138138 e. Resisting an officer with violence under s. 843.01. 89
139139 f. Weapons and firearms violations under this chapter. 90
140140 g. Treason under s. 876.32. 91
141141 h. Assisting self-murder under s. 782.08. 92
142142 i. Sabotage under s. 876.38. 93
143143 j. Stalking or aggravated stalking under s. 784.048. 94
144144 95
145145 If the review indicates any such indictment, information, or 96
146146 arrest, the department sh all provide to the licensee a 97
147147 conditional nonapproval number. 98
148148 2. Within 24 working hours, the department shall determine 99
149149 the disposition of the indictment, information, or arrest and 100
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158158 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
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162162 inform the licensee as to whether the potential buyer is 101
163163 prohibited from receiving or possessing a firearm. For purposes 102
164164 of this paragraph, "working hours" means the hours from 8 a.m. 103
165165 to 5 p.m. Monday through Friday, excluding legal holidays. 104
166166 3. The office of the clerk of court, at no charge to the 105
167167 department, shall respond to any department request for data on 106
168168 the disposition of the indictment, information, or arrest as 107
169169 soon as possible, but in no event later than 8 working hours. 108
170170 4. The department shall determine as quickly as possible 109
171171 within the allotted time period whe ther the potential buyer is 110
172172 prohibited from receiving or possessing a firearm. 111
173173 5. If the potential buyer is not so prohibited, or if the 112
174174 department cannot determine the disposition information within 113
175175 the allotted time period, the department shall provide the 114
176176 licensee with a conditional approval number. 115
177177 6. If the buyer is so prohibited, the conditional 116
178178 nonapproval number shall become a nonapproval number. 117
179179 7. The department shall continue its attempts to obtain 118
180180 the disposition information and may retain a record of all 119
181181 approval numbers granted without sufficient disposition 120
182182 information. If the department later obtains disposition 121
183183 information which indicates: 122
184184 a. That the potential buyer is not prohibited from owning 123
185185 a firearm, it shall treat the record of the transaction in 124
186186 accordance with this section; or 125
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195195 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
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199199 b. That the potential buyer is prohibited from owning a 126
200200 firearm, it shall immediately revoke the conditional approval 127
201201 number and notify local law enforcement. 128
202202 8. During the time that disposition of the indictment, 129
203203 information, or arrest is pending and until the department is 130
204204 notified by the potential buyer that there has been a final 131
205205 disposition of the indictment, information, or arrest, the 132
206206 conditional nonapproval number shall remain in effect. 133
207207 Section 4. This act shall take effect October 1, 2023. 134