SESSION WATCH
THE BILL ITSELF

HB 1101

Stalking

VERSION H 1101 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

1 A bill to be entitled
2 An act relating to stalking; amending s. 784.048,
3 F.S.; creating an offense of aggravated stalking based
4 on nonconsensual entry upon the victim's property or
5 interference with the victim's property in the course
6 of committing the offense of stalking; creating the
7 offense of sexually aggravated stalking based on
8 certain sexual conduct in the course of committing the
9 offense of stalking; amending s. 921.0022, F.S.;
10 ranking offenses on the offense severity ranking chart
11 of the Criminal Punishment Code; amending s. 948.06,
12 F.S.; revising the definition of the term "qualifying
13 offense"; providing an effective date.
15 Be It Enacted by the Legislature of the State of Florida:
17 Section 1. Subsections (6) through (9) of section 784.048,
18 Florida Statutes, are renumbered as subsections (8) through
19 (11), respectively, new subsections (6) and (7) are added to
20 that section, and subsection (2) is republished, to read:
21 784.048 Stalking; definitions; penalties.—
22 (2) A person who willfully, maliciously, and repeatedly
23 follows, harasses, or cyberstalks another person commits the
24 offense of stalking, a misdemeanor of the first degree,
25 punishable as provided in s. 775.082 or s. 775.083.
26 (6) A person who commits the offense of stalking and who,
27 in the course of committing the offense:
28 (a) Enters upon the property of the victim without
29 consent; or
30 (b) Interferes with the victim's property, including, but
31 not limited to, tampering with or disabling security or
32 surveillance devices,
34 commits the offense of aggravated stalking, a felony of the
35 third degree, punishable as provided in s. 775.082, s. 775.083,
36 or s. 775.084.
37 (7) A person who commits the offense of stalking and who,
38 in the course of committing the offense:
39 (a) Commits a lewd or lascivious act, including the
40 exposure of genitals, masturbation, or other sexually explicit
41 conduct, in the presence of or directed toward the victim or
42 upon the property of the victim; or
43 (b) Mails, delivers, causes to be delivered, or otherwise
44 transmits to the victim unsolicited sexually explicit materials
45 with the intent to harass, degrade, or intimidate the victim,
47 commits the offense of sexually aggravated stalking, a felony of
48 the third degree, punishable as provided in s. 775.082, s.
49 775.083, or s. 775.084.
50 Section 2. Paragraphs (f) and (g) of subsection (3) of
51 section 921.0022, Florida Statutes, are amended to read:
52 921.0022 Criminal Punishment Code; offense severity
53 ranking chart.—
54 (3) OFFENSE SEVERITY RANKING CHART
55 (f) LEVEL 6 Florida Felony Statute Degree Description 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 327.30(5)(a)3. 2nd Vessel accidents involving serious bodily injury; leaving scene. 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement. 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 775.0875(1) 3rd Taking firearm from law enforcement officer. 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 784.041 3rd Felony battery; domestic battery by strangulation. 784.048(3) 3rd Aggravated stalking; credible threat. 784.048(5) 3rd Aggravated stalking of person under 16. 784.048(6) 3rd Aggravated stalking; entering upon or interfering with victim's property. 784.048(7) 3rd Sexually aggravated stalking. 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older. 784.081(2) 2nd Aggravated assault on specified official or employee. 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 784.083(2) 2nd Aggravated assault on code inspector. 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 787.025(2)(a) 3rd Luring or enticing a child. 790.115(2)(d) 2nd Discharging firearm or weapon on school property. 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner. 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 794.05(1) 2nd Unlawful sexual activity with specified minor. 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years. 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older. 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 810.145(8)(b) 2nd Digital voyeurism; certain minor victims; 2nd or subsequent offense. 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 812.014(2)(c)5. 3rd Grand theft; third degree; firearm. 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction. 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 120 days is $3,000 or more; coordination of others. 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period. 812.015(9)(e) 2nd Retail theft; committed with specified number of other persons and use of social media platform. 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death. 817.505(4)(b) 2nd Patient brokering; 10 or more patients. 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000. 825.102(1) 3rd Abuse of an elderly person or disabled adult. 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 827.03(2)(c) 3rd Abuse of a child. 827.03(2)(d) 3rd Neglect of a child. 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography. 828.126(3) 3rd Sexual activities involving animals. 836.05 2nd Threats; extortion. 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism. 843.12 3rd Aids or assists person to escape. 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury. 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony. 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. 944.40 2nd Escapes. 944.46 3rd Harboring, concealing, aiding escaped prisoners. 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
127 (g) LEVEL 7 Florida Felony Statute Degree Description 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. 327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious bodily injury. 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 409.920 3rd Medicaid provider fraud; (2)(b)1.a. $10,000 or less. 409.920 2nd Medicaid provider fraud; more (2)(b)1.b. than $10,000, but less than $50,000. 456.065(2) 3rd Practicing a health care profession without a license. 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 458.327(1) 3rd Practicing medicine without a license. 459.013(1) 3rd Practicing osteopathic medicine without a license. 460.411(1) 3rd Practicing chiropractic medicine without a license. 461.012(1) 3rd Practicing podiatric medicine without a license. 462.17 3rd Practicing naturopathy without a license. 463.015(1) 3rd Practicing optometry without a license. 464.016(1) 3rd Practicing nursing without a license. 465.015(2) 3rd Practicing pharmacy without a license. 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 467.201 3rd Practicing midwifery without a license. 468.366 3rd Delivering respiratory care services without a license. 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 483.901(7) 3rd Practicing medical physics without a license. 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 484.053 3rd Dispensing hearing aids without a license. 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business. 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 784.048(9) 3rd Aggravated stalking; violation 784.048(7) of court order. 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 784.081(1) 1st Aggravated battery on specified official or employee. 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 784.083(1) 1st Aggravated battery on code inspector. 787.025(2)(b) 2nd Luring or enticing a child; second or subsequent offense. 787.025(2)(c) 2nd Luring or enticing a child with a specified prior conviction. 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state. 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 790.16(1) 1st Discharge of a machine gun under specified circumstances. 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age. 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older. 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense. 806.01(2) 2nd Maliciously damage structure by fire or explosive. 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5. 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 812.131(2)(a) 2nd Robbery by sudden snatching. 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 817.2341 1st Making false entries of (2)(b) & material fact or false (3)(b) statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000. 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography. 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 838.015 2nd Bribery. 838.016 2nd Unlawful compensation or reward for official behavior. 838.021(3)(a) 2nd Unlawful harm to a public servant. 838.22 2nd Bid tampering. 843.0855(2) 3rd Impersonation of a public officer or employee. 843.0855(3) 3rd Unlawful simulation of legal process. 843.0855(4) 3rd Intimidation of a public officer or employee. 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 872.06 2nd Abuse of a dead human body. 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site. 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 893.135 1st Trafficking in cocaine, more (1)(b)1.a. than 28 grams, less than 200 grams. 893.135 1st Trafficking in illegal drugs, (1)(c)1.a. more than 4 grams, less than 14 grams. 893.135 1st Trafficking in hydrocodone, 28 (1)(c)2.a. grams or more, less than 50 grams. 893.135 1st Trafficking in hydrocodone, 50 (1)(c)2.b. grams or more, less than 100 grams. 893.135 1st Trafficking in oxycodone, 7 (1)(c)3.a. grams or more, less than 14 grams. 893.135 1st Trafficking in oxycodone, 14 (1)(c)3.b. grams or more, less than 25 grams. 893.135 1st Trafficking in fentanyl, 4 (1)(c)4.b.(I) grams or more, less than 14 grams. 893.135 1st Trafficking in phencyclidine, (1)(d)1.a. 28 grams or more, less than 200 grams. 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 893.135 1st Trafficking in flunitrazepam, 4 (1)(g)1.a. grams or more, less than 14 grams. 893.135 1st Trafficking in gamma- (1)(h)1.a. hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 893.135 1st Trafficking in 1,4-Butanediol, (1)(j)1.a. 1 kilogram or more, less than 5 kilograms. 893.135 1st Trafficking in Phenethylamines, (1)(k)2.a. 10 grams or more, less than 200 grams. 893.135 1st Trafficking in synthetic (1)(m)2.a. cannabinoids, 280 grams or more, less than 500 grams. 893.135 1st Trafficking in synthetic (1)(m)2.b. cannabinoids, 500 grams or more, less than 1,000 grams. 893.135 1st Trafficking in n-benzyl (1)(n)2.a. phenethylamines, 14 grams or more, less than 100 grams. 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
271 Section 3. Paragraph (c) of subsection (8) of section
272 948.06, Florida Statutes, is amended, and paragraph (b) of
273 subsection (1), paragraphs (b) and (c) of subsection (4), and
274 paragraphs (b) and (d) of subsection (8) of that section are
275 republished, to read:
276 948.06 Violation of probation or community control;
277 revocation; modification; continuance; failure to pay
278 restitution or cost of supervision.—
279 (1)
280 (b) Any committing trial court judge may issue a warrant,
281 upon the facts being made known to him or her by affidavit of
282 one having knowledge of such facts, for the arrest of the
283 probationer or offender, returnable forthwith before the court
284 granting such probation or community control. In lieu of issuing
285 a warrant for arrest, the committing trial court judge may issue
286 a notice to appear if the probationer or offender in community
287 control has never been convicted of committing, and is not
288 currently alleged to have committed, a qualifying offense as
289 defined in this section.
290 (4) Notwithstanding any other provision of this section, a
291 felony probationer or an offender in community control who is
292 arrested for violating his or her probation or community control
293 in a material respect may be taken before the court in the
294 county or circuit in which the probationer or offender was
295 arrested. That court shall advise him or her of the charge of a
296 violation and, if such charge is admitted, shall cause him or
297 her to be brought before the court that granted the probation or
298 community control. If the violation is not admitted by the
299 probationer or offender, the court may commit him or her or
300 release him or her with or without bail to await further
301 hearing. However, if the probationer or offender is under
302 supervision for any criminal offense proscribed in chapter 794,
303 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
304 registered sexual predator or a registered sexual offender, or
305 is under supervision for a criminal offense for which he or she
306 would meet the registration criteria in s. 775.21, s. 943.0435,
307 or s. 944.607 but for the effective date of those sections, the
308 court must make a finding that the probationer or offender is
309 not a danger to the public prior to release with or without
310 bail. In determining the danger posed by the offender's or
311 probationer's release, the court may consider the nature and
312 circumstances of the violation and any new offenses charged; the
313 offender's or probationer's past and present conduct, including
314 convictions of crimes; any record of arrests without conviction
315 for crimes involving violence or sexual crimes; any other
316 evidence of allegations of unlawful sexual conduct or the use of
317 violence by the offender or probationer; the offender's or
318 probationer's family ties, length of residence in the community,
319 employment history, and mental condition; his or her history and
320 conduct during the probation or community control supervision
321 from which the violation arises and any other previous
322 supervisions, including disciplinary records of previous
323 incarcerations; the likelihood that the offender or probationer
324 will engage again in a criminal course of conduct; the weight of
325 the evidence against the offender or probationer; and any other
326 facts the court considers relevant. The court, as soon as is
327 practicable, shall give the probationer or offender an
328 opportunity to be fully heard on his or her behalf in person or
329 by counsel. After the hearing, the court shall make findings of
330 fact and forward the findings to the court that granted the
331 probation or community control and to the probationer or
332 offender or his or her attorney. The findings of fact by the
333 hearing court are binding on the court that granted the
334 probation or community control. Upon the probationer or offender
335 being brought before it, the court that granted the probation or
336 community control may revoke, modify, or continue the probation
337 or community control or may place the probationer into community
338 control as provided in this section. However, the probationer or
339 offender shall not be released and shall not be admitted to
340 bail, but shall be brought before the court that granted the
341 probation or community control if any violation of felony
342 probation or community control other than a failure to pay costs
343 or fines or make restitution payments is alleged to have been
344 committed by:
345 (b) A person who is on felony probation or community
346 control for any offense committed on or after the effective date
347 of this act and who is arrested for a qualifying offense as
348 defined in this section; or
349 (c) A person who is on felony probation or community
350 control and has previously been found by a court to be a
351 habitual violent felony offender as defined in s. 775.084(1)(b),
352 a three-time violent felony offender as defined in s.
353 775.084(1)(c), or a sexual predator under s. 775.21, and who is
354 arrested for committing a qualifying offense as defined in this
355 section on or after the effective date of this act.
356 (8)
357 (b) For purposes of this section and ss. 903.0351,
358 948.064, and 921.0024, the term "violent felony offender of
359 special concern" means a person who is on:
360 1. Felony probation or community control related to the
361 commission of a qualifying offense committed on or after the
362 effective date of this act;
363 2. Felony probation or community control for any offense
364 committed on or after the effective date of this act, and has
365 previously been convicted of a qualifying offense;
366 3. Felony probation or community control for any offense
367 committed on or after the effective date of this act, and is
368 found to have violated that probation or community control by
369 committing a qualifying offense;
370 4. Felony probation or community control and has
371 previously been found by a court to be a habitual violent felony
372 offender as defined in s. 775.084(1)(b) and has committed a
373 qualifying offense on or after the effective date of this act;
374 5. Felony probation or community control and has
375 previously been found by a court to be a three-time violent
376 felony offender as defined in s. 775.084(1)(c) and has committed
377 a qualifying offense on or after the effective date of this act;
378 or
379 6. Felony probation or community control and has
380 previously been found by a court to be a sexual predator under
381 s. 775.21 and has committed a qualifying offense on or after the
382 effective date of this act.
383 (c) For purposes of this section, the term "qualifying
384 offense" means any of the following:
385 1. Kidnapping or attempted kidnapping under s. 787.01,
386 false imprisonment of a child under the age of 13 under s.
387 787.02(3), or luring or enticing a child under s. 787.025(2)(b)
388 or (c).
389 2. Murder or attempted murder under s. 782.04, attempted
390 felony murder under s. 782.051, or manslaughter under s. 782.07.
391 3. Aggravated battery or attempted aggravated battery
392 under s. 784.045.
393 4. Sexual battery or attempted sexual battery under s.
394 794.011(2), (3), (4), or (8)(b) or (c).
395 5. Lewd or lascivious battery or attempted lewd or
396 lascivious battery under s. 800.04(4), lewd or lascivious
397 molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
398 conduct under s. 800.04(6)(b), lewd or lascivious exhibition
399 under s. 800.04(7)(b), or lewd or lascivious exhibition on
400 computer under s. 847.0135(5)(b).
401 6. Robbery or attempted robbery under s. 812.13,
402 carjacking or attempted carjacking under s. 812.133, or home
403 invasion robbery or attempted home invasion robbery under s.
404 812.135.
405 7. Lewd or lascivious offense upon or in the presence of
406 an elderly or disabled person or attempted lewd or lascivious
407 offense upon or in the presence of an elderly or disabled person
408 under s. 825.1025.
409 8. Sexual performance by a child or attempted sexual
410 performance by a child under s. 827.071.
411 9. Computer pornography under s. 847.0135(2) or (3),
412 transmission of child pornography under s. 847.0137, or selling
413 or buying of minors under s. 847.0145.
414 10. Poisoning food or water under s. 859.01.
415 11. Abuse of a dead human body under s. 872.06.
416 12. Any burglary offense or attempted burglary offense
417 that is either a first degree felony or second degree felony
418 under s. 810.02(2) or (3).
419 13. Arson or attempted arson under s. 806.01(1).
420 14. Aggravated assault under s. 784.021.
421 15. Aggravated stalking under s. 784.048(3), (4), (5),
422 (6), or (9)(7).
423 16. Sexually aggravated stalking under s. 784.048(7).
424 17.16. Aircraft piracy under s. 860.16.
425 18.17. Unlawful throwing, placing, or discharging of a
426 destructive device or bomb under s. 790.161(2), (3), or (4).
427 19.18. Treason under s. 876.32.
428 20.19. Any offense committed in another jurisdiction which
429 would be an offense listed in this paragraph if that offense had
430 been committed in this state.
431 (d) In the case of an alleged violation of probation or
432 community control other than a failure to pay costs, fines, or
433 restitution, the following individuals shall remain in custody
434 pending the resolution of the probation or community control
435 violation:
436 1. A violent felony offender of special concern, as
437 defined in this section;
438 2. A person who is on felony probation or community
439 control for any offense committed on or after the effective date
440 of this act and who is arrested for a qualifying offense as
441 defined in this section; or
442 3. A person who is on felony probation or community
443 control and has previously been found by a court to be a
444 habitual violent felony offender as defined in s. 775.084(1)(b),
445 a three-time violent felony offender as defined in s.
446 775.084(1)(c), or a sexual predator under s. 775.21, and who is
447 arrested for committing a qualifying offense as defined in this
448 section on or after the effective date of this act.
450 The court shall not dismiss the probation or community control
451 violation warrant pending against an offender enumerated in this
452 paragraph without holding a recorded violation-of-probation
453 hearing at which both the state and the offender are
454 represented.
455 Section 4. This act shall take effect October 1, 2026.