Bill Amendment: FL H7125 | 2019 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Administration of Justice
Status: 2019-07-01 - Chapter No. 2019-167, companion bill(s) passed, see CS/HB 1021 (Ch. 2019-91), CS/SB 160 (Ch. 2019-45), CS/SB 828 (Ch. 2019-50), SB 910 (Ch. 2019-61), SB 1136 (Ch. 2019-53), CS/CS/SB 1418 (Ch. 2019-134) [H7125 Detail]
Download: Florida-2019-H7125-Senate_Floor_Amendment_Delete_All_462662.html
Bill Title: Administration of Justice
Status: 2019-07-01 - Chapter No. 2019-167, companion bill(s) passed, see CS/HB 1021 (Ch. 2019-91), CS/SB 160 (Ch. 2019-45), CS/SB 828 (Ch. 2019-50), SB 910 (Ch. 2019-61), SB 1136 (Ch. 2019-53), CS/CS/SB 1418 (Ch. 2019-134) [H7125 Detail]
Download: Florida-2019-H7125-Senate_Floor_Amendment_Delete_All_462662.html
Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for HB 7125 Ì462662-Î462662 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Brandes moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Effective July 1, 2019, paragraph (c) is added 6 to subsection (4) and paragraph (e) is added to subsection (5) 7 of section 16.555, Florida Statutes, to read: 8 16.555 Crime Stoppers Trust Fund; rulemaking.— 9 (4) 10 (c) After an initial distribution of funds to the judicial 11 circuit in which they were collected, up to 50 percent of the 12 unencumbered funds returned to the Crime Stoppers Trust Fund 13 from that circuit from a previous grant year, may, in subsequent 14 grant years, be reallocated to other judicial circuits for 15 special crime stoppers initiatives or other programs of the 16 Florida Association of Crime Stoppers, as prioritized and 17 determined by the department and the Florida Association of 18 Crime Stoppers. 19 (5) 20 (e) A county that is awarded a grant under this section may 21 use such funds to pay rewards for tips that result in any of the 22 following: 23 1. An arrest. 24 2. The recovery of stolen property. 25 3. The recovery of illegal narcotics. 26 4. The recovery of the body of a homicide victim. 27 5. The recovery of a human trafficking victim or a missing 28 person connected to criminal activity. 29 6. The recovery of an illegal firearm or an illegal weapon 30 on a K-12 school campus. 31 7. The prevention of a terrorist act. 32 8. The solving and closing of a criminal case involving a 33 homicide or other violent felony offense that remains unsolved 34 for 1 year or more after being reported to a law enforcement 35 agency and that has no viable and unexplored investigatory 36 leads. 37 Section 2. Section 16.557, Florida Statutes, is created to 38 read: 39 16.557 Crime stoppers organizations; disclosure of 40 privileged communications or protected information.— 41 (1) As used in this section, the term: 42 (a) “Crime stoppers organization” means a private not-for 43 profit organization that collects and expends donations for 44 rewards to persons who report to the organization information 45 concerning criminal activity, and forwards that information to 46 appropriate law enforcement agencies. 47 (b) “Privileged communication” means the act of providing 48 information to a crime stoppers organization for the purpose of 49 reporting alleged criminal activity. 50 (c) “Protected information” includes the identity of a 51 person who engages in privileged communication with a crime 52 stoppers organization and any records, recordings, oral or 53 written statements, papers, documents, or other tangible items 54 provided to or collected by a crime stoppers organization, a law 55 enforcement crime stoppers coordinator or his or her staff, or a 56 law enforcement agency in connection with such privileged 57 communication. 58 (2)(a) Except pursuant to criminal discovery or as provided 59 in paragraph (b), a person who discloses a privileged 60 communication or protected information or any information 61 concerning a privileged communication or protected information 62 commits a felony of the third degree, punishable as provided in 63 s. 775.082, s. 775.083, or s. 775.084. 64 (b) This subsection does not apply to: 65 1. The person who provides the privileged communication or 66 protected information; or 67 2. A law enforcement officer or an employee of a law 68 enforcement agency or the Department of Legal Affairs when he or 69 she is acting within the scope of his or her official duties. 70 (c) This subsection does not limit the right of any 71 criminal defendant to criminal discovery. 72 Section 3. Effective July 1, 2019, section 25.025, Florida 73 Statutes, is created to read: 74 25.025 Headquarters.— 75 (1)(a) A Supreme Court justice who permanently resides 76 outside Leon County shall, if he or she so requests, have a 77 district court of appeal courthouse, a county courthouse, or 78 another appropriate facility in his or her district of residence 79 designated as his or her official headquarters pursuant to s. 80 112.061. This official headquarters may serve only as the 81 justice’s private chambers. 82 (b) A justice for whom an official headquarters is 83 designated in his or her district of residence under this 84 subsection is eligible for subsistence at a rate to be 85 established by the Chief Justice for each day or partial day 86 that the justice is at the Supreme Court Building for the 87 conduct of the business of the court. In addition to the 88 subsistence allowance, a justice is eligible for reimbursement 89 for transportation expenses as provided in s. 112.061(7) for 90 travel between the justice’s official headquarters and the 91 Supreme Court Building for the conduct of the business of the 92 court. 93 (c) Payment of subsistence and reimbursement for 94 transportation expenses relating to travel between a justice’s 95 official headquarters and the Supreme Court Building must be 96 made to the extent that appropriated funds are available, as 97 determined by the Chief Justice. 98 (2) The Chief Justice shall coordinate with each affected 99 justice and other state and local officials as necessary to 100 implement paragraph (1)(a). 101 (3)(a) This section does not require a county to provide 102 space in a county courthouse for a justice. A county may enter 103 into an agreement with the Supreme Court governing the use of 104 space in a county courthouse. 105 (b) The Supreme Court may not use state funds to lease 106 space in a district court of appeal courthouse, county 107 courthouse, or other facility to allow a justice to establish an 108 official headquarters pursuant to subsection (1). 109 Section 4. Section 43.51, Florida Statutes, is created to 110 read: 111 43.51 Problem-solving court reports.— 112 (1) The Office of the State Courts Administrator shall 113 provide an annual report to the President of the Senate and the 114 Speaker of the House of Representatives which details the number 115 of participants in each problem-solving court for each fiscal 116 year the court has been operating and the types of services 117 provided, identifies each source of funding for each court 118 during each fiscal year, and provides information on the 119 performance of each court based upon outcome measures 120 established by the courts. 121 (2) For purposes of this section, the term “problem-solving 122 court” includes, but is not limited to, a drug court pursuant to 123 s. 397.334, s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s. 124 948.20; a military veterans’ and servicemembers’ court pursuant 125 to s. 394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental 126 health court program pursuant to s. 394.47892, s. 948.01, s. 127 948.06, s. 948.08, or s. 948.16; a community court pursuant to 128 s. 948.081; or a delinquency pretrial intervention court program 129 pursuant to s. 985.345. 130 Section 5. Subsection (8) is added to section 57.105, 131 Florida Statutes, to read: 132 57.105 Attorney’s fee; sanctions for raising unsupported 133 claims or defenses; exceptions; service of motions; damages for 134 delay of litigation.— 135 (8) Attorney fees may not be awarded under this section in 136 proceedings for an injunction for protection pursuant to s. 137 741.30, s. 784.046, or s. 784.0485, unless the court finds by 138 clear and convincing evidence that the petitioner knowingly made 139 a false statement or allegation in the petition with regard to a 140 material matter as defined in s. 837.011(3). 141 Section 6. Paragraph (c) of subsection (1) of section 142 61.13016, Florida Statutes, is amended to read: 143 61.13016 Suspension of driver licenses and motor vehicle 144 registrations.— 145 (1) The driver license and motor vehicle registration of a 146 support obligor who is delinquent in payment or who has failed 147 to comply with subpoenas or a similar order to appear or show 148 cause relating to paternity or support proceedings may be 149 suspended. When an obligor is 15 days delinquent making a 150 payment in support or failure to comply with a subpoena, order 151 to appear, order to show cause, or similar order in IV-D cases, 152 the Title IV-D agency may provide notice to the obligor of the 153 delinquency or failure to comply with a subpoena, order to 154 appear, order to show cause, or similar order and the intent to 155 suspend by regular United States mail that is posted to the 156 obligor’s last address of record with the Department of Highway 157 Safety and Motor Vehicles. When an obligor is 15 days delinquent 158 in making a payment in support in non-IV-D cases, and upon the 159 request of the obligee, the depository or the clerk of the court 160 must provide notice to the obligor of the delinquency and the 161 intent to suspend by regular United States mail that is posted 162 to the obligor’s last address of record with the Department of 163 Highway Safety and Motor Vehicles. In either case, the notice 164 must state: 165 (c) That notification will be given to the Department of 166 Highway Safety and Motor Vehicles to suspend the obligor’s 167 driver license and motor vehicle registration unless, within 20 168 days after the date that the notice is mailed, the obligor: 169 1.a. Pays the delinquency in full and any other costs and 170 fees accrued between the date of the notice and the date the 171 delinquency is paid; 172 b. Enters into a written agreement for payment with the 173 obligee in non-IV-D cases or with the Title IV-D agency in IV-D 174 cases; or in IV-D cases, complies with a subpoena or order to 175 appear, order to show cause, or a similar order, which may 176 include a reasonable period of payment deferral to accommodate 177 an obligor’s good faith job-seeking efforts; 178 c. Files a petition with the circuit court to contest the 179 delinquency action; 180 d. Demonstrates that he or she receives reemployment 181 assistance or unemployment compensation pursuant to chapter 443; 182 e. Demonstrates that he or she is disabled and incapable of 183 self-support or that he or she receives benefits under the 184 federal Supplemental Security Income program or Social Security 185 Disability Insurance program; 186 f. Demonstrates that he or she receives temporary cash 187 assistance pursuant to chapter 414; or 188 g. Demonstrates that he or she is making payments in 189 accordance with a confirmed bankruptcy plan under chapter 11, 190 chapter 12, or chapter 13 of the United States Bankruptcy Code, 191 11 U.S.C. ss. 101 et seq.; and 192 2. Pays any applicable delinquency fees. 193 194 If an obligor in a non-IV-D case enters into a written agreement 195 for payment before the expiration of the 20-day period, the 196 obligor must provide a copy of the signed written agreement to 197 the depository or the clerk of the court. If an obligor seeks to 198 satisfy sub-subparagraph 1.d., sub-subparagraph 1.e., sub 199 subparagraph 1.f., or sub-subparagraph 1.g. before expiration of 200 the 20-day period, the obligor must provide the applicable 201 documentation or proof to the depository or the clerk of the 202 court. 203 Section 7. Subsection (2) of section 212.15, Florida 204 Statutes, is amended to read: 205 212.15 Taxes declared state funds; penalties for failure to 206 remit taxes; due and delinquent dates; judicial review.— 207 (2) Any person who, with intent to unlawfully deprive or 208 defraud the state of its moneys or the use or benefit thereof, 209 fails to remit taxes collected under this chapter commitsis210guilty oftheft of state funds, punishable as follows: 211 (a) If the total amount of stolen revenue is less than 212 $1,000$300, the offense is a misdemeanor of the second degree, 213 punishable as provided in s. 775.082 or s. 775.083. Upon a 214 second conviction, the offender commitsis guilty ofa 215 misdemeanor of the first degree, punishable as provided in s. 216 775.082 or s. 775.083. Upon a third or subsequent conviction, 217 the offender commitsis guilty ofa felony of the third degree, 218 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 219 (b) If the total amount of stolen revenue is $1,000$300or 220 more, but less than $20,000, the offense is a felony of the 221 third degree, punishable as provided in s. 775.082, s. 775.083, 222 or s. 775.084. 223 (c) If the total amount of stolen revenue is $20,000 or 224 more, but less than $100,000, the offense is a felony of the 225 second degree, punishable as provided in s. 775.082, s. 775.083, 226 or s. 775.084. 227 (d) If the total amount of stolen revenue is $100,000 or 228 more, the offense is a felony of the first degree, punishable as 229 provided in s. 775.082, s. 775.083, or s. 775.084. 230 Section 8. Subsection (3) of section 287.095, Florida 231 Statutes, is amended to read: 232 287.095 Department of Corrections; prison industry 233 programs.— 234 (3) All products offered for purchase to a state agency by 235 the corporation organized under chapter 946 shall be produced in 236 majority part by inmate labor, except for products not made by 237 inmates which products are contractually allied to products made 238 by inmates which are offered by the corporation, provided the239value of the products not made by inmates do not exceed 2240percent of the total sales of the corporation in any year. 241 Section 9. Present subsections (41) through (46) of section 242 322.01, Florida Statutes, are redesignated as subsections (42) 243 through (47), respectively, and a new subsection (41) is added 244 to that section, to read: 245 322.01 Definitions.—As used in this chapter: 246 (41) “Suspension or revocation equivalent status” is a 247 designation for a person who does not have a driver license or 248 driving privilege but would qualify for suspension or revocation 249 of his or her driver license or driving privilege if licensed. 250 The department may designate a person as having suspension or 251 revocation equivalent status in the same manner as it is 252 authorized to suspend or revoke a driver license or driving 253 privilege by law. 254 Section 10. Subsections (1) through (4) of section 322.055, 255 Florida Statutes, are amended to read: 256 322.055 Revocation or suspension of, or delay of 257 eligibility for, driver license for persons 18 years of age or 258 older convicted of certain drug offenses.— 259 (1) Notwithstanding s. 322.28, upon the conviction of a 260 person 18 years of age or older for possession or sale of, 261 trafficking in, or conspiracy to possess, sell, or traffic in a 262 controlled substance, the court shall direct the department to 263 suspendrevokethe person’s driver license or driving privilege 264of the person. The suspensionperiod of such revocationshall be 265 6 months1 yearor until the person is evaluated for and, if 266 deemed necessary by the evaluating agency, completes a drug 267 treatment and rehabilitation program approved or regulated by 268 the Department of Children and Families. However, the court may, 269 upon finding a compelling circumstance to warrant an exception 270in its sound discretion, direct the department to issue a 271 license for driving privilege restricted to business or 272 employment purposes only, as defined by s. 322.271, if the 273 person is otherwise qualified for such a license.A driver whose274license or driving privilege has been suspended or revoked under275this section or s. 322.056 may, upon the expiration of 6 months,276petition the department for restoration of the driving privilege277on a restricted or unrestricted basis depending on length of278suspension or revocation. In no case shall a restricted license279be available until 6 months of the suspension or revocation280period has expired.281 (2) If a person 18 years of age or older is convicted for 282 the possession or sale of, trafficking in, or conspiracy to 283 possess, sell, or traffic in a controlled substance and such 284 person is eligible by reason of age for a driver license or 285 privilege, the court shall direct the department to withhold 286 issuance of such person’s driver license or driving privilege 287 for a period of 6 months1 yearafter the date the person was 288 convicted or until the person is evaluated for and, if deemed 289 necessary by the evaluating agency, completes a drug treatment 290 and rehabilitation program approved or regulated by the 291 Department of Children and Families. However, the court may, 292 upon finding a compelling circumstance to warrant an exception 293in its sound discretion, direct the department to issue a 294 license for driving privilege restricted to business or 295 employment purposes only, as defined by s. 322.271, if the 296 person is otherwise qualified for such a license.A driver whose297license or driving privilege has been suspended or revoked under298this section or s. 322.056 may, upon the expiration of 6 months,299petition the department for restoration of the driving privilege300on a restricted or unrestricted basis depending on the length of301suspension or revocation. In no case shall a restricted license302be available until 6 months of the suspension or revocation303period has expired.304 (3) If a person 18 years of age or older is convicted for 305 the possession or sale of, trafficking in, or conspiracy to 306 possess, sell, or traffic in a controlled substance and such 307 person’s driver license or driving privilege is already under 308 suspension or revocation for any reason, the court shall direct 309 the department to extend the period of such suspension or 310 revocation by an additional period of 6 months1 yearor until 311 the person is evaluated for and, if deemed necessary by the 312 evaluating agency, completes a drug treatment and rehabilitation 313 program approved or regulated by the Department of Children and 314 Families. However, the court may, upon finding a compelling 315 circumstance to warrant an exceptionin its sound discretion, 316 direct the department to issue a license for driving privilege 317 restricted to business or employment purposes only, as defined 318 by s. 322.271, if the person is otherwise qualified for such a 319 license.A driver whose license or driving privilege has been320suspended or revoked under this section or s. 322.056 may, upon321the expiration of 6 months, petition the department for322restoration of the driving privilege on a restricted or323unrestricted basis depending on the length of suspension or324revocation. In no case shall a restricted license be available325until 6 months of the suspension or revocation period has326expired.327 (4) If a person 18 years of age or older is convicted for 328 the possession or sale of, trafficking in, or conspiracy to 329 possess, sell, or traffic in a controlled substance and such 330 person is ineligible by reason of age for a driver license or 331 driving privilege, the court shall direct the department to 332 withhold issuance of such person’s driver license or driving 333 privilege for a period of 6 months1 yearafter the date that he 334 or she would otherwise have become eligible or until he or she 335 becomes eligible by reason of age for a driver license and is 336 evaluated for and, if deemed necessary by the evaluating agency, 337 completes a drug treatment and rehabilitation program approved 338 or regulated by the Department of Children and Families. 339 However, the court may, upon finding a compelling circumstance 340 to warrant an exceptionin its sound discretion, direct the 341 department to issue a license for driving privilege restricted 342 to business or employment purposes only, as defined by s. 343 322.271, if the person is otherwise qualified for such a 344 license.A driver whose license or driving privilege has been345suspended or revoked under this section or s. 322.056 may, upon346the expiration of 6 months, petition the department for347restoration of the driving privilege on a restricted or348unrestricted basis depending on the length of suspension or349revocation. In no case shall a restricted license be available350until 6 months of the suspension or revocation period has351expired.352 Section 11. Section 322.056, Florida Statutes, is amended 353 to read: 354 322.056 Mandatory revocation or suspension of, or delay of 355 eligibility for, driver license for persons under age 18 found 356 guilty ofcertain alcohol,drug, or tobaccooffenses; 357 prohibition.— 358 (1) Notwithstandingthe provisions ofs. 322.055, if a 359 person under 18 years of age is found guilty of or delinquent 360 for a violation ofs. 562.11(2), s. 562.111, orchapter 893, 361 and: 362 (a) The person is eligible by reason of age for a driver 363 license or driving privilege, the court shall direct the 364 department to revoke or to withhold issuance of his or her 365 driver license or driving privilege for a period of 6 months:3661.Not less than 6 months and not more than 1 year for the367first violation.3682.Two years, for a subsequent violation. 369 (b) The person’s driver license or driving privilege is 370 under suspension or revocation for any reason, the court shall 371 direct the department to extend the period of suspension or 372 revocation by an additional period of 6 months:3731.Not less than 6 months and not more than 1 year for the374first violation.3752.Two years, for a subsequent violation. 376 (c) The person is ineligible by reason of age for a driver 377 license or driving privilege, the court shall direct the 378 department to withhold issuance of his or her driver license or 379 driving privilege for a period of:3801.Not less than6 monthsand not more than 1 yearafter 381 the date on which he or she would otherwise have become 382 eligible, for the first violation. 3832.Two years after the date on which he or she would384otherwise have become eligible, for a subsequent violation.385 386 However, the court may, upon finding a compelling circumstance 387 to warrant an exceptionin its sound discretion, direct the 388 department to issue a license for driving privileges restricted 389 to business or employment purposes only, as defined in s. 390 322.271, if the person is otherwise qualified for such a 391 license. 392(2)If a person under 18 years of age is found by the court393to have committed a noncriminal violation under s. 569.11 or s.394877.112(6) or (7) and that person has failed to comply with the395procedures established in that section by failing to fulfill396community service requirements, failing to pay the applicable397fine, or failing to attend a locally available school-approved398anti-tobacco program, and:399(a)The person is eligible by reason of age for a driver400license or driving privilege, the court shall direct the401department to revoke or to withhold issuance of his or her402driver license or driving privilege as follows:4031.For the first violation, for 30 days.4042.For the second violation within 12 weeks of the first405violation, for 45 days.406(b)The person’s driver license or driving privilege is407under suspension or revocation for any reason, the court shall408direct the department to extend the period of suspension or409revocation by an additional period as follows:4101.For the first violation, for 30 days.4112.For the second violation within 12 weeks of the first412violation, for 45 days.413(c)The person is ineligible by reason of age for a driver414license or driving privilege, the court shall direct the415department to withhold issuance of his or her driver license or416driving privilege as follows:4171.For the first violation, for 30 days.4182.For the second violation within 12 weeks of the first419violation, for 45 days.420 421Any second violation of s. 569.11 or s. 877.112(6) or (7) not422within the 12-week period after the first violation will be423treated as a first violation and in the same manner as provided424in this subsection.425(3)If a person under 18 years of age is found by the court426to have committed a third violation of s. 569.11 or s.427877.112(6) or (7) within 12 weeks of the first violation, the428court must direct the Department of Highway Safety and Motor429Vehicles to suspend or withhold issuance of his or her driver430license or driving privilege for 60 consecutive days. Any third431violation of s. 569.11 or s. 877.112(6) or (7) not within the43212-week period after the first violation will be treated as a433first violation and in the same manner as provided in subsection434(2).435 (2)(4)A penalty imposed under this section shall be in 436 addition to any other penalty imposed by law. 437(5)The suspension or revocation of a person’s driver438license imposed pursuant to subsection (2) or subsection (3),439shall not result in or be cause for an increase of the convicted440person’s, or his or her parent’s or legal guardian’s, automobile441insurance rate or premium or result in points assessed against442the person’s driving record.443 Section 12. Section 322.057, Florida Statutes, is repealed. 444 Section 13. Subsections (2), (4), (7), paragraph (a) of 445 subsection (8), paragraph (a) of subsection (9), subsection 446 (10), and paragraph (a) of subsection (11) of section 322.34, 447 Florida Statutes, are amended to read: 448 322.34 Driving while license suspended, revoked, canceled, 449 or disqualified.— 450 (2) Any person whose driver license or driving privilege 451 has been canceled, suspended, or revoked as provided by law, or 452 who does not have a driver license or driving privilege but is 453 under suspension or revocation equivalent status as defined in 454 s. 322.01(41), except persons defined in s. 322.264, who, 455 knowing of such cancellation, suspension,orrevocation, or 456 suspension or revocation equivalent status, drives any motor 457 vehicle upon the highways of this state while such license or 458 privilege is canceled, suspended, or revoked, or while under 459 suspension or revocation equivalent status, commitsupon: 460 (a) Afirst conviction is guilty of amisdemeanor of the 461 second degree, punishable as provided in s. 775.082 or s. 462 775.083. 463 (b)1. Asecond conviction is guilty of amisdemeanor of the 464 first degree, punishable as provided in s. 775.082 or s. 465 775.083, upon a second or subsequent conviction, except as 466 provided in paragraph (c). 467 2. A person convicted of a third or subsequent conviction, 468 except as provided in paragraph (c), must serve a minimum of 10 469 days in jail. 470 (c) Athird or subsequent conviction is guilty of afelony 471 of the third degree, punishable as provided in s. 775.082, s. 472 775.083, or s. 775.084, upon a third or subsequent conviction if 473 the current violation of this section or the most recent prior 474 violation of the section are related to driving while license 475 canceled, suspended, revoked, or suspension or revocation 476 equivalent status resulting from a violation of: 477 1. Driving under the influence; 478 2. Refusal to submit to a urine, breath-alcohol, or blood 479 alcohol test; 480 3. A traffic offense causing death or serious bodily 481 injury; or 482 4. Fleeing or eluding. 483 484 The element of knowledge is satisfied if the person has been 485 previously cited as provided in subsection (1); or the person 486 admits to knowledge of the cancellation, suspension, or 487 revocation, or suspension or revocation equivalent status; or 488 the person received notice as provided in subsection (4). There 489 shall be a rebuttable presumption that the knowledge requirement 490 is satisfied if a judgment or order as provided in subsection 491 (4) appears in the department’s records for any case except for 492 one involving a suspension by the department for failure to pay 493 a traffic fine or for a financial responsibility violation. 494 (4) Any judgment or order rendered by a court or 495 adjudicatory body or any uniform traffic citation that cancels, 496 suspends, or revokes a person’s driver license or places a 497 person under suspension or revocation equivalent status must 498 contain a provision notifying the person that his or her driver 499 license has been canceled, suspended, or revoked, or of such 500 suspension or revocation equivalent status. 501 (7) Any person whose driver license or driving privilege 502 has been canceled, suspended, revoked, or disqualified, or who 503 does not have a driver license or driving privilege but is under 504 suspension or revocation equivalent status, and who drives a 505 commercial motor vehicle on the highways of this state while 506 such license or privilege is canceled, suspended, revoked, or 507 disqualified, or while under suspension or revocation equivalent 508 status, upon: 509 (a) A first conviction is guilty of a misdemeanor of the 510 first degree, punishable as provided in s. 775.082 or s. 511 775.083. 512 (b) A second or subsequent conviction is guilty of a felony 513 of the third degree, punishable as provided in s. 775.082, s. 514 775.083, or s. 775.084. 515 (8)(a) Upon the arrest of a person for the offense of 516 driving while the person’s driver license or driving privilege 517 is suspended or revoked, the arresting officer shall determine: 518 1. Whether the person’s driver license is suspended or 519 revoked, or the person is under suspension or revocation 520 equivalent status. 521 2. Whether the person’s driver license has remained 522 suspended or revoked, or the person has been under suspension or 523 revocation equivalent status, since a conviction for the offense 524 of driving with a suspended or revoked license. 525 3. Whether the suspension,orrevocation, or suspension or 526 revocation equivalent status was made under s. 316.646 or s. 527 627.733, relating to failure to maintain required security, or 528 under s. 322.264, relating to habitual traffic offenders. 529 4. Whether the driver is the registered owner or coowner of 530 the vehicle. 531 (9)(a) A motor vehicle that is driven by a person under the 532 influence of alcohol or drugs in violation of s. 316.193 is 533 subject to seizure and forfeiture under ss. 932.701-932.7062 and 534 is subject to liens for recovering, towing, or storing vehicles 535 under s. 713.78 if, at the time of the offense, the person’s 536 driver license is suspended, revoked, or canceled, or suspension 537 or revocation equivalent status was imposed, as a result of a 538 prior conviction for driving under the influence. 539 (10)(a) Notwithstanding any other provision of this 540 section, if a person does not have a prior forcible felony 541 conviction as defined in s. 776.08, the penalties provided in 542 paragraph (b) apply if a person’s driver license or driving 543 privilege is canceled, suspended, or revoked, or the person is 544 under suspension or revocation equivalent status, for: 545 1. Failing to pay child support as provided in s. 322.245 546 or s. 61.13016; 547 2. Failing to pay any other financial obligation as 548 provided in s. 322.245 other than those specified in s. 549 322.245(1); 550 3. Failing to comply with a civil penalty required in s. 551 318.15; 552 4. Failing to maintain vehicular financial responsibility 553 as required by chapter 324; 554 5. Failing to comply with attendance or other requirements 555 for minors as set forth in s. 322.091; or 556 6. Having been designated a habitual traffic offender under 557 s. 322.264(1)(d) as a result of suspensions of his or her driver 558 license or driver privilege for any underlying violation listed 559 in subparagraphs 1.-5. 560 (b)1. Upon a first conviction for knowingly driving while 561 his or her license is suspended, revoked, or canceled, or while 562 under suspension or revocation equivalent status, for any of the 563 underlying violations listed in subparagraphs (a)1.-6., a person 564 commits a misdemeanor of the second degree, punishable as 565 provided in s. 775.082 or s. 775.083. 566 2. Upon a second or subsequent conviction for the same 567 offense of knowingly driving while his or her license is 568 suspended, revoked, or canceled, or while under suspension or 569 revocation equivalent status, for any of the underlying 570 violations listed in subparagraphs (a)1.-6., a person commits a 571 misdemeanor of the first degree, punishable as provided in s. 572 775.082 or s. 775.083. 573 (11)(a) A person who does not hold a commercial driver 574 license and who is cited for an offense of knowingly driving 575 while his or her license is suspended, revoked, or canceled, or 576 while under suspension or revocation equivalent status, for any 577 of the underlying violations listed in paragraph (10)(a) may, in 578 lieu of payment of fine or court appearance, elect to enter a 579 plea of nolo contendere and provide proof of compliance to the 580 clerk of the court, designated official, or authorized operator 581 of a traffic violations bureau. In such case, adjudication shall 582 be withheld. However, no election shall be made under this 583 subsection if such person has made an election under this 584 subsection during the preceding 12 months. A person may not make 585 more than three elections under this subsection. 586 Section 14. Section 322.75, Florida Statutes, is created to 587 read: 588 322.75 Driver License Reinstatement Days.— 589 (1) Each clerk of court shall establish a Driver License 590 Reinstatement Days program for reinstating suspended driver 591 licenses. Participants may include, but are not limited to, the 592 Department of Highway Safety and Motor Vehicles, the state 593 attorney’s office, the public defender’s office, the circuit and 594 county courts, the clerk of court, and any interested community 595 organization. 596 (2) The clerk of court, in consultation with other 597 participants, shall select 1 or more days annually for an event 598 at which a person may have his or her driver license reinstated. 599 The clerk may work with the Florida Association of Court Clerks 600 and Comptrollers to promote such program, develop 601 communications, and coordinate the event. A person must pay the 602 full license reinstatement fee; however, the clerk may reduce or 603 waive other fees and costs, except those imposed by the court, 604 to facilitate reinstatement. 605 (3) The clerk of court is encouraged to schedule at least 606 one event on a weekend or with hours after 5 p.m. on a weekday. 607 (4)(a) A person is eligible for reinstatement under the 608 program if his or her license was suspended due to: 609 1. Driving without a valid driver license; 610 2. Driving with a suspended driver license; 611 3. Failing to make a payment on penalties in collection; 612 4. Failing to appear in court for a traffic violation; or 613 5. Failing to comply with any provision of chapter 318 or 614 this chapter. 615 (b) Notwithstanding paragraphs (5)(a)-(c), a person is 616 eligible for reinstatement under the program if the period of 617 suspension or revocation has elapsed, the person has completed 618 any required course or program as described in paragraph (5)(c), 619 and the person is otherwise eligible for reinstatement. 620 (5) A person is not eligible for reinstatement under the 621 program if his or her driver license is suspended or revoked due 622 to: 623 (a) The person’s failure to fulfill a court-ordered child 624 support obligation; 625 (b) A violation of s. 316.193; 626 (c) The person’s failure to complete a driver training 627 program, driver improvement course, or alcohol or substance 628 abuse education or evaluation program required under s. 316.192, 629 s. 316.193, s. 322.2616, s. 322.271, or s. 322.264; 630 (d) A traffic-related felony; or 631 (e) The person being designated as a habitual traffic 632 offender under s. 322.264. 633 (6) The clerk of court and the Department of Highway Safety 634 and Motor Vehicles shall verify any information necessary for 635 reinstatement of a driver license under the program. 636 (7) The clerk of court must collect and report to the 637 Florida Clerks of Court Operations Corporation all of the 638 following: 639 (a) Number of cases paid in full. 640 (b) Number of cases put on a payment plan. 641 (c) Number of driver license reinstatements. 642 (d) Number of driver licenses made eligible for 643 reinstatement. 644 (e) Amount of fees and costs collected, reported by the 645 entity receiving the funds. The Florida Clerks of Court 646 Operations Corporation must report the aggregate funds received 647 by the clerks of court, the local governmental entities, and 648 state entities, including the General Revenue Fund. 649 (f) The personnel, operating, security, and other 650 expenditures incurred by the clerk of court. 651 (g) The number of cases that fail to comply with a payment 652 plan and subsequently result in driver license suspension. 653 (8) The Florida Clerks of Court Operations Corporation 654 shall report the information collected in subsection (7) in its 655 annual report required by s. 28.35. 656 Section 15. Subsection (2) of section 394.917, Florida 657 Statutes, is amended to read: 658 394.917 Determination; commitment procedure; mistrials; 659 housing; counsel and costs in indigent appellate cases.— 660 (2) If the court or jury determines that the person is a 661 sexually violent predator, upon the expiration of the 662 incarcerative portion of all criminal sentences and disposition 663 of any detainers, the person shall be committed to the custody 664 of the Department of Children and Families for control, care, 665andtreatment, and rehabilitation of criminal offenders, until 666 such time as the person’s mental abnormality or personality 667 disorder has so changed that it is safe for the person to be at 668 large. At all times, persons who are detained or committed under 669 this part shall be kept in a secure facility segregated from 670 patients of the department who are not detained or committed 671 under this part. 672 Section 16. Subsection (2) of section 397.334, Florida 673 Statutes, is amended to read: 674 397.334 Treatment-based drug court programs.— 675 (2) Entry into any pretrial treatment-based drug court 676 program shall be voluntary. When neither s. 948.08(6)(c)1. nor 677 2.s. 948.08(6)(a)1. nor 2.applies, the court may order an 678 eligible individual to enter into a pretrial treatment-based 679 drug court program only upon written agreement by the 680 individual, which shall include a statement that the individual 681 understands the requirements of the program and the potential 682 sanctions for noncompliance. 683 Section 17. Present subsections (3) through (12) of section 684 455.213, Florida Statutes, are redesignated as subsections (4) 685 through (13), respectively, subsection (2) of that section is 686 amended, and a new subsection (3) is added to that section, to 687 read: 688 455.213 General licensing provisions.— 689 (2) Before the issuance of any license, the department may 690 charge an initial license fee as determined by rule of the 691 applicable board or, if no such board exists, by rule of the 692 department. Upon receipt of the appropriate license fee, except 693 as provided in subsection (4)(3), the department shall issue a 694 license to any person certified by the appropriate board, or its 695 designee, or the department when there is no board, as having 696 met the applicable requirements imposed by law or rule. However, 697 an applicant who is not otherwise qualified for licensure is not 698 entitled to licensure solely based on a passing score on a 699 required examination. Upon a determination by the department 700 that it erroneously issued a license, or upon the revocation of 701 a license by the applicable board, or by the department when 702 there is no board, the licensee must surrender his or her 703 license to the department. 704 (3)(a) Notwithstanding any other law, the applicable board 705 shall use the process in this subsection for review of an 706 applicant’s criminal record to determine his or her eligibility 707 for licensure as: 708 1. A barber under chapter 476; 709 2. A cosmetologist or cosmetology specialist under chapter 710 477; 711 3. Any of the following construction professions under 712 chapter 489: 713 a. Air-conditioning contractor; 714 b. Electrical contractor; 715 c. Mechanical contractor; 716 d. Plumbing contractor; 717 e. Pollutant storage systems contractor; 718 f. Roofing contractor; 719 g. Sheet metal contractor; 720 h. Solar contractor; 721 i. Swimming pool and spa contractor; 722 j. Underground utility and excavation contractor; or 723 k. Other specialty contractors; or 724 4. Any other profession for which the department issues a 725 license, provided the profession is offered in to inmates in any 726 correctional institution or correctional facility as vocational 727 training or through an industry certification program. 728 (b)1. A conviction, or any other adjudication, for a crime 729 more than 5 years before the date the application is received by 730 the applicable board may not be grounds for denial of a license 731 specified in paragraph (a). For purposes of this paragraph, the 732 term “conviction” means a determination of guilt that is the 733 result of a plea or trial, regardless of whether adjudication is 734 withheld. This paragraph does not limit the applicable board 735 from considering an applicant’s criminal history that includes a 736 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but 737 only if such criminal history has been found to relate to the 738 practice of the applicable profession. 739 2. The applicable board may consider the criminal history 740 of an applicant for licensure under subparagraph (a)3. if such 741 criminal history has been found to relate to good moral 742 character. 743 (c)1. A person may apply for a license before his or her 744 lawful release from confinement or supervision. The department 745 may not charge an applicant an additional fee for being confined 746 or under supervision. The applicable board may not deny an 747 application for a license solely on the basis of the applicant’s 748 current confinement or supervision. 749 2. After a license application is approved, the applicable 750 board may stay the issuance of a license until the applicant is 751 lawfully released from confinement or supervision and the 752 applicant notifies the applicable board of such release. The 753 applicable board must verify the applicant’s release with the 754 Department of Corrections before it issues a license. 755 3. If an applicant is unable to appear in person due to his 756 or her confinement or supervision, the applicable board must 757 permit the applicant to appear by teleconference or video 758 conference, as appropriate, at any meeting of the applicable 759 board or other hearing by the agency concerning his or her 760 application. 761 4. If an applicant is confined or under supervision, the 762 Department of Corrections and the applicable board shall 763 cooperate and coordinate to facilitate the appearance of the 764 applicant at a board meeting or agency hearing in person, by 765 teleconference, or by video conference, as appropriate. 766 (d) Each applicable board shall compile a list of crimes 767 that, if committed and regardless of adjudication, do not relate 768 to the practice of the profession or the ability to practice the 769 profession and do not constitute grounds for denial of a 770 license. This list must be made available on the department’s 771 website and updated annually. Beginning October 1, 2019, each 772 applicable board shall compile a list of crimes that although 773 reported by an applicant for licensure, were not used as a basis 774 for denial. The list must identify for each such license 775 application the crime reported and the date of conviction and 776 whether there was a finding of guilt, a plea, or an adjudication 777 entered or the date of sentencing. 778 (e) Each applicable board shall compile a list of crimes 779 that have been used as a basis for denial of a license in the 780 past 2 years and shall make the list available on the 781 department’s website. Starting October 1, 2019, and updated 782 quarterly thereafter, the applicable board shall compile a list 783 indicating each crime used as a basis for denial. For each crime 784 listed, the applicable board must identify the date of 785 conviction, finding of guilt, plea, or adjudication entered, or 786 date of sentencing. Such denials must be made available to the 787 public upon request. 788 Section 18. Subsection (4) of section 474.2165, Florida 789 Statutes, is amended to read: 790 474.2165 Ownership and control of veterinary medical 791 patient records; report or copies of records to be furnished.— 792 (4) Except as otherwise provided in this section, such 793 records may not be furnished to, and the medical condition of a 794 patient may not be discussed with, any person other than the 795 client or the client’s legal representative or other 796 veterinarians involved in the care or treatment of the patient, 797 except upon written authorization of the client. However, such 798 records may be furnished without written authorization under the 799 following circumstances: 800 (a) To any person, firm, or corporation that has procured 801 or furnished such examination or treatment with the client’s 802 consent. 803 (b) In any civil or criminal action, unless otherwise 804 prohibited by law, upon the issuance of a subpoena from a court 805 of competent jurisdiction and proper notice to the client or the 806 client’s legal representative by the party seeking such records. 807 (c) For statistical and scientific research, provided the 808 information is abstracted in such a way as to protect the 809 identity of the patient and the client, or provided written 810 permission is received from the client or the client’s legal 811 representative. 812 (d) In any criminal action or situation where a 813 veterinarian suspects a criminal violation. If a criminal 814 violation is suspected, a veterinarian may, without notice to or 815 authorization from the client, report the violation to a law 816 enforcement officer, an animal control officer who is certified 817 pursuant to s. 828.27(4)(a), or an agent appointed under s. 818 828.03. However, if a suspected violation occurs at a commercial 819 food-producing animal operation on land classified as 820 agricultural under s. 193.461, the veterinarian must provide 821 notice to the client or the client’s legal representative before 822 reporting the suspected violation to an officer or agent under 823 this paragraph. The report may not include written medical 824 records except upon the issuance of an order from a court of 825 competent jurisdiction. 826 Section 19. Subsections (2), (3), and (4) of section 827 489.126, Florida Statutes, are amended, and subsections (5) and 828 (6) are added to that section, to read: 829 489.126 Moneys received by contractors.— 830 (2)(a) A contractor who receives, as initial payment, money 831 totaling more than 10 percent of the contract price for repair, 832 restoration, improvement, or construction to residential real 833 property must: 834 1.(a)Apply for permits necessary to do work within 30 days 835 after the date payment is made, except where the work does not 836 require a permit under the applicable codes and ordinances, and 837 2.(b)Start the work within 90 days after the date all 838 necessary permits for work, if any, are issued, 839 840 unless the contractor has just cause for failing to apply for 841 the necessary permits, starting the work, or refunding the 842 payment, or unless the person who made the payment agreed, in 843 writing, to a longer period to apply for the necessary permits 844 or start the work or to longer periods for both. 845 (b)1. If a contractor fails to comply with the requirements 846 of paragraph (a), the contractee must make written demand to the 847 contractor in the form of a letter that includes a demand to 848 apply for the necessary permits, to start the work, or to refund 849 the payment sent via certified mail, return receipt requested, 850 mailed to the address listed in the contracting agreement. If 851 there is no address for the contractor listed in the contracting 852 agreement, or no written agreement exists, the contractee must 853 mail the written demand letter to the address listed for 854 licensing purposes with the department or the local construction 855 industry licensing board, if applicable. 856 2. It may be inferred that a contractor does not have just 857 cause if the contractor fails to apply for the necessary 858 permits, start the work, or refund payments within 30 days of 859 receiving written demand to apply for the necessary permits, 860 start the work, or refund the payment from the person who made 861 the payment. 862 (3)(a) A contractor who receives money for repair, 863 restoration, addition, improvement, or construction of 864 residential real property in excess of the value of the work 865 performed mayshallnot, with intent to defraud the owner,fail 866 or refuse to perform any work for any 90-day period or for any 867 period that is mutually agreed upon and specified in the 868 contract. 869 (b) It is prima facie evidenceProofthat a contractor 870 received money for the repair, restoration, addition, 871 improvement, or construction of residential real property and 872 that the amount received exceeds the value of the work performed 873 by the contractor whenand that: 874 1. The contractor failed to perform any of the work for 875 which he or she contracted during any 90-day60-dayperiod or 876 any period that is mutually agreed upon and specified in the 877 contract; 878 2. The failure to perform any such work during the 90-day 87960-dayperiod or such period that is mutually agreed upon and 880 specified in the contract was not related to the owner’s 881 termination of the contract or a material breach of the contract 882 by the owner; and 883 3. The contractor failed to perform for the 90-day period 884 or such period that is mutually agreed upon and specified in the 885 contract without just cause or terminated the contract without 886 proper notification to the owner. 887 a. Proper notification of termination for purposes of this 888 subparagraph must be made by the contractor in the form of a 889 letter that includes the reason for termination of the contract 890 or the reason for failure to perform sent via certified mail, 891 return receipt requested, mailed to the address of the owner 892 listed in the contracting agreement. If no written agreement 893 exists, the letter must be mailed to the address where the work 894 was to be performed or the address listed on the permit, if 895 applicable. 896 b. If a contractor fails to comply with paragraph (a), 897 written demand must be made to the contractor in the form of a 898 letter that includes a demand to perform work, or refund the 899 money received in excess of the value of the work performed, 900 sent via certified mail, return receipt requested, mailed to the 901 address listed in the contracting agreement. If there is no 902 address for the contractor listed in the contracting agreement, 903 or no agreement exists, the letter must be mailed to the address 904 listed with the department for licensing purposes or the local 905 construction industry licensing board, if applicable. 906 c. It may be inferred that a contractor does not have just 907 cause if the contractor fails to perform work, or refund the 908 money received in excess of the value of the work performed, 909 within 30 days after receiving a written demand to perform the 910 work, or refund the money received in excess of the value of the 911 work performed, from the person who made the payment, for an912additional 30-day period after the date of mailing of913notification as specified in paragraph (c), to perform any work914for which he or she contracted,915 916gives rise to an inference that the money in excess of the value917of the work performed was taken with the intent to defraud. 918(c)Notification as contemplated in paragraph (b) consists919of a certified letter, return receipt requested, mailed to the920address of the contractor as listed in the written contracting921agreement. The letter must indicate that the contractor has922failed to perform any work for a 60-day period, that the failure923to perform the work was not the result of the owner’s924termination of the contract or a material breach of the contract925by the owner, and that the contractor must recommence926construction within 30 days after the date of mailing of the927letter. If there is no address for the contractor listed in the928written contracting agreement, or no written agreement exists,929the letter must be mailed to the address of the contractor930listed in the building permit application.931 (4) Any violation of subsection (2) or subsection (3) must 932 be prosecuted in accordance with the thresholds established in 933 this section and the following:person who violates any934provision of this section is guilty of theft and shall be935prosecuted and punished under s. 812.014.936 (a) The required intent to prove a criminal violation may 937 be shown to exist at the time that the contractor appropriated 938 the money to his or her own use and is not required to be proven 939 to exist at the time of the taking of the money from the owner 940 or at the time the owner makes a payment to the contractor. 941 (b) It may be inferred that a contractor intended to 942 deprive the owner of the right to the money owed, or deprive the 943 owner of the benefit from it, and inferred that the contractor 944 appropriated the money for his or her own use, or to a person 945 not entitled to the use of the money, if the contractor fails to 946 refund any portion of the money owed within 30 days after 947 receiving a written demand for such money from the owner. 948 (c) In a prosecution for a violation of this section, the 949 fact that the person so charged intended to return the money 950 owed is not a defense. 951 (5) A person who violates subsection (2) commits: 952 (a) A misdemeanor of the first degree, punishable as 953 provided in s. 775.082 or s. 775.083, if the total money 954 received is less than $1,000. 955 (b) A felony of the third degree, punishable as provided in 956 s. 775.082, s. 775.083, or s. 775.084, if the total money 957 received is $1,000 or more, but less than $20,000. 958 (c) A felony of the second degree, punishable as provided 959 in s. 775.082, s. 775.083, or s. 775.084, if the total money 960 received is $20,000 or more, but less than $200,000. 961 (d) A felony of the first degree, punishable as provided in 962 s. 775.082, s. 775.083, or s. 775.084, if the total money 963 received is $200,000 or more. 964 (6) A person who violates subsection (3) commits: 965 (a) A misdemeanor of the first degree, punishable as 966 provided in s. 775.082 or s. 775.083, if the total money 967 received exceeding the value of the work performed is less than 968 $1,000. 969 (b) A felony of the third degree, punishable as provided in 970 s. 775.082, s. 775.083, or s. 775.084, if the total money 971 received exceeding the value of the work performed is $1,000 or 972 more, but less than $20,000. 973 (c) A felony of the second degree, punishable as provided 974 in s. 775.082, s. 775.083, or s. 775.084, if the total money 975 received exceeding the value of the work performed is $20,000 or 976 more, but less than $200,000. 977 (d) A felony of the first degree, punishable as provided in 978 s. 775.082, s. 775.083, or s. 775.084, if the total money 979 received exceeding the value of the work performed is $200,000 980 or more. 981 Section 20. Subsections (7) through (10) are added to 982 section 489.553, Florida Statutes, to read: 983 489.553 Administration of part; registration 984 qualifications; examination.— 985 (7) Notwithstanding any other law, a conviction, or any 986 other adjudication, for a crime more than 5 years before the 987 date the application is received by the department or other 988 applicable authority may not be grounds for denial of 989 registration. For purposes of this subsection, the term 990 “conviction” means a determination of guilt that is the result 991 of a plea or trial, regardless of whether adjudication is 992 withheld. This subsection does not limit a board from 993 considering an applicant’s criminal history that includes any 994 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but 995 only if such criminal history has been found to relate to the 996 practice of the applicable profession, or any crime if it has 997 been found to relate to good moral character. 998 (8)(a) A person may apply to be registered before his or 999 her lawful release from confinement or supervision. The 1000 department or other applicable authority may not charge an 1001 applicant an additional fee for being confined or under 1002 supervision. The department or other applicable authority may 1003 not deny an application for registration solely on the basis of 1004 the applicant’s current confinement or supervision. 1005 (b) After a registration application is approved, the 1006 department or other applicable authority may stay the issuance 1007 of registration until the applicant is lawfully released from 1008 confinement or supervision and the applicant notifies the board 1009 of such release. The department or other applicable authority 1010 must verify the applicant’s release with the Department of 1011 Corrections before it registers such applicant. 1012 (c) If an applicant is unable to appear in person due to 1013 his or her confinement or supervision, the department or other 1014 applicable authority must permit the applicant to appear by 1015 teleconference or video conference, as appropriate, at any 1016 meeting or hearing by the department or other applicable 1017 authority concerning his or her application. 1018 (d) If an applicant is confined or under supervision, the 1019 Department of Corrections and the department or other applicable 1020 authority shall cooperate and coordinate to facilitate the 1021 appearance of the applicant at a meeting or hearing in person, 1022 by teleconference, or by video conference, as appropriate. 1023 (9) The department or other applicable authority shall 1024 compile a list of crimes that, if committed and regardless of 1025 adjudication, do not relate to the practice of the profession or 1026 the ability to practice the profession and do not constitute 1027 grounds for denial of registration. This list must be made 1028 available on the department’s website and updated annually. 1029 Beginning October 1, 2019, and updated quarterly thereafter, the 1030 department or other applicable authority shall add to this list 1031 such crimes that although reported by an applicant for 1032 registration, were not used as a basis for denial in the past 2 1033 years. The list must identify for each such registration 1034 application the crime reported and the date of conviction, plea, 1035 adjudication, or sentencing. 1036 (10) The department or other applicable authority shall 1037 compile a list of crimes that have been used as a basis for 1038 denial of registration in the past 2 years and make the list 1039 available on the department’s website. Beginning October 1, 1040 2019, and updated quarterly thereafter, the department shall add 1041 to this list each crime used as a basis for denial. For each 1042 crime listed, the department must identify the date of 1043 conviction, plea, adjudication, or sentencing. Such denials must 1044 be made available to the public upon request. 1045 Section 21. Subsection (2) of section 500.451, Florida 1046 Statutes, is amended and subsection (1) of that section is 1047 republished, to read: 1048 500.451 Horse meat; offenses.— 1049 (1) It is unlawful for any person to: 1050 (a) Sell in the markets of this state horse meat for human 1051 consumption unless the horse meat is clearly stamped, marked, 1052 and described as horse meat for human consumption. 1053 (b) Knowingly transport, distribute, sell, purchase, or 1054 possess horse meat for human consumption that is not clearly 1055 stamped, marked, and described as horse meat for human 1056 consumption or horse meat that is not acquired from a licensed 1057 slaughterhouse. 1058 (2) A person that violates this section commits a felony of 1059 the third degree, punishable as provided in s. 775.082, s. 1060 775.083, or s. 775.084, except that any person who commits a 1061 violation of this section mustshallbe sentenced to a minimum 1062 mandatory fine of $3,500and a minimum mandatory period of1063incarceration of 1 year. 1064 Section 22. Subsection (1) of section 509.151, Florida 1065 Statutes, is amended to read: 1066 509.151 Obtaining food or lodging with intent to defraud; 1067 penalty.— 1068 (1) Any person who obtains food, lodging, or other 1069 accommodations having a value of less than $1,000$300at any 1070 public food service establishment, or at any transient 1071 establishment, with intent to defraud the operator thereof, 1072 commitsis guilty ofa misdemeanor of the second degree, 1073 punishable as provided in s. 775.082 or s. 775.083; if such 1074 food, lodging, or other accommodations have a value of $1,000 1075$300or more, such person commitsis guilty ofa felony of the 1076 third degree, punishable as provided in s. 775.082, s. 775.083, 1077 or s. 775.084. 1078 Section 23. Paragraph (a) of subsection (1) and paragraph 1079 (c) of subsection (2) of section 562.11, Florida Statutes, are 1080 amended to read: 1081 562.11 Selling, giving, or serving alcoholic beverages to 1082 person under age 21; providing a proper name; misrepresenting or 1083 misstating age or age of another to induce licensee to serve 1084 alcoholic beverages to person under 21; penalties.— 1085 (1)(a)1.A person may not sell, give, serve, or permit to 1086 be served alcoholic beverages to a person under 21 years of age 1087 or permit a person under 21 years of age to consume such 1088 beverages on the licensed premises. A person who violates this 1089 paragraphsubparagraphcommits a misdemeanor of the second 1090 degree, punishable as provided in s. 775.082 or s. 775.083. A 1091 person who violates this paragraphsubparagrapha second or 1092 subsequent time within 1 year after a prior conviction commits a 1093 misdemeanor of the first degree, punishable as provided in s. 1094 775.082 or s. 775.083. 10952.In addition to any other penalty imposed for a violation1096of subparagraph 1., the court may order the Department of1097Highway Safety and Motor Vehicles to withhold the issuance of,1098or suspend or revoke, the driver license or driving privilege,1099as provided in s. 322.057, of any person who violates1100subparagraph 1. This subparagraph does not apply to a licensee,1101as defined in s. 561.01, who violates subparagraph 1. while1102acting within the scope of his or her license or an employee or1103agent of a licensee, as defined in s. 561.01, who violates1104subparagraph 1. while engaged within the scope of his or her1105employment or agency.11063.A court that withholds the issuance of, or suspends or1107revokes, the driver license or driving privilege of a person1108pursuant to subparagraph 2. may direct the Department of Highway1109Safety and Motor Vehicles to issue the person a license for1110driving privilege restricted to business purposes only, as1111defined in s. 322.271, if he or she is otherwise qualified.1112 (2) It is unlawful for any person to misrepresent or 1113 misstate his or her age or the age of any other person for the 1114 purpose of inducing any licensee or his or her agents or 1115 employees to sell, give, serve, or deliver any alcoholic 1116 beverages to a person under 21 years of age, or for any person 1117 under 21 years of age to purchase or attempt to purchase 1118 alcoholic beverages. 1119 (c) In addition to any other penalty imposed for a 1120 violation of this subsection, if a person uses a driver license 1121 or identification card issued by the Department of Highway 1122 Safety and Motor Vehicles in violation of this subsection, the 1123 court:11241.may order the person to participate in public service or 1125 a community work project for a period not to exceed 40 hours;1126and11272.Shall direct the Department of Highway Safety and Motor1128Vehicles to withhold issuance of, or suspend or revoke, the1129person’s driver license or driving privilege, as provided in s.1130322.056. 1131 Section 24. Subsection (3) of section 562.111, Florida 1132 Statutes, is amended to read: 1133 562.111 Possession of alcoholic beverages by persons under 1134 age 21 prohibited.— 1135(3)In addition to any other penalty imposed for a1136violation of subsection (1), the court shall direct the1137Department of Highway Safety and Motor Vehicles to withhold1138issuance of, or suspend or revoke, the violator’s driver license1139or driving privilege, as provided in s. 322.056.1140 Section 25. Subsection (8) of section 562.27, Florida 1141 Statutes, is amended, and subsections (1) through (7) of that 1142 section are republished, to read: 1143 562.27 Seizure and forfeiture.— 1144 (1) It is unlawful for any person to have in her or his 1145 possession, custody, or control, or to own, make, construct, or 1146 repair, any still, still piping, still apparatus, or still worm, 1147 or any piece or part thereof, designed or adapted for the 1148 manufacture of an alcoholic beverage, or to have in her or his 1149 possession, custody or control any receptacle or container 1150 containing any mash, wort, or wash, or other fermented liquids 1151 whatever capable of being distilled or manufactured into an 1152 alcoholic beverage, unless such possession, custody, control, 1153 ownership, manufacture, construction, or repairing be by or for 1154 a person authorized by law to manufacture such alcoholic 1155 beverage. 1156 (2) It is unlawful for any person to have in her or his 1157 possession, custody, or control any raw materials or substance 1158 intended to be used in the distillation or manufacturing of an 1159 alcoholic beverage unless the person holds a license from the 1160 state authorizing the manufacture of the alcoholic beverage. 1161 (3) The terms “raw material” or “substance” for the purpose 1162 of this chapter shall mean and include, but not be limited to, 1163 any of the following: Any grade or type of sugar, syrup, or 1164 molasses derived from sugarcane, sugar beets, corn, sorghum, or 1165 any other source; starch; potatoes; grain or cornmeal, corn 1166 chops, cracked corn, rye chops, middlings, shorts, bran, or any 1167 other grain derivative; malt; malt sugar or malt syrup; oak 1168 chips, charred or not charred; yeast; cider; honey; fruit; 1169 grapes; berries; fruit, grape or berry juices or concentrates; 1170 wine; caramel; burnt sugar; gin flavor; Chinese bean cake or 1171 Chinese wine cake; urea; ammonium phosphate, ammonium carbonate, 1172 ammonium sulphate, or any other yeast food; ethyl acetate or any 1173 other ethyl ester; any other material of the character used in 1174 the manufacture of distilled spirits or any chemical or other 1175 material suitable for promoting or accelerating fermentation; 1176 any chemical or material of the character used in the production 1177 of distilled spirits by chemical reaction; or any combination of 1178 such materials or chemicals. 1179 (4) Any such raw materials, substance, or any still, still 1180 piping, still apparatus, or still worm, or any piece or part 1181 thereof, or any mash, wort, or wash, or other fermented liquid 1182 and the receptacle or container thereof, and any alcoholic 1183 beverage, together with all personal property used to facilitate 1184 the manufacture or production of the alcoholic beverage or to 1185 facilitate the violation of the alcoholic beverage control laws 1186 of this state or the United States, may be seized by the 1187 division or by any sheriff or deputy sheriff and shall be 1188 forfeited to the state. 1189 (5) It shall be unlawful for any person to sell or 1190 otherwise dispose of raw materials or other substances knowing 1191 same are to be used in the distillation or manufacture of an 1192 alcoholic beverage unless such person receiving same, by 1193 purchase or otherwise, holds a license from the state 1194 authorizing the manufacture of such alcoholic beverage. 1195 (6) Any vehicle, vessel, or aircraft used in the 1196 transportation or removal of or for the deposit or concealment 1197 of any illicit liquor still or stilling apparatus; any mash, 1198 wort, wash, or other fermented liquids capable of being 1199 distilled or manufactured into an alcoholic beverage; or any 1200 alcoholic beverage commonly known and referred to as “moonshine 1201 whiskey” shall be seized and may be forfeited as provided by the 1202 Florida Contraband Forfeiture Act. Any sheriff, deputy sheriff, 1203 employee of the division, or police officer may seize any of the 1204 vehicles, vessels, or conveyances, and the same may be forfeited 1205 as provided by law. 1206 (7) The finding of any still, still piping, still 1207 apparatus, or still worm, or any piece or part thereof, or any 1208 mash, wort, or wash or other fermented liquids in the dwelling 1209 house or place of business, or so near thereto as to lead to the 1210 reasonable belief that they are within the possession, custody, 1211 or control of the occupants of the dwelling house or place of 1212 business, shall be prima facie evidence of a violation of this 1213 section by the occupants of the dwelling house or place of 1214 business. 1215 (8) Any person violating any provisions of this section of 1216 the law commitsshall be guilty ofa misdemeanorfelonyof the 1217 secondthirddegree, punishable as provided in s. 775.082 or,s. 1218 775.083, or s. 775.084. 1219 Section 26. Subsections (1) and (2) of section 562.451, 1220 Florida Statutes, are amended to read: 1221 562.451 Moonshine whiskey; ownership, possession, or 1222 control prohibited; penalties; rule of evidence.— 1223 (1) Any person who owns or has in her or his possession or 1224 under her or his control less than 1 gallon of liquor, as 1225 defined in the Beverage Law, which was not made or manufactured 1226 in accordance with the laws in effect at the time when and place 1227 where the same was made or manufactured commitsshall be guilty1228ofa misdemeanor of the second degree, punishable as provided in 1229 s. 775.082 or s. 775.083. 1230 (2) Any person who owns or has in her or his possession or 1231 under her or his control 1 gallon or more of liquor, as defined 1232 in the Beverage Law, which was not made or manufactured in 1233 accordance with the laws in effect at the time when and place 1234 where the same was made or manufactured commitsshall be guilty1235ofa misdemeanorfelonyof the firstthirddegree, punishable as 1236 provided in s. 775.082 or,s. 775.083, or s. 775.084. 1237 Section 27. Subsections (1), (2), and (5) of section 1238 569.11, Florida Statutes, are amended to read: 1239 569.11 Possession, misrepresenting age or military service 1240 to purchase, and purchase of tobacco products by persons under 1241 18 years of age prohibited; penalties; jurisdiction; disposition 1242 of fines.— 1243 (1) It is unlawful for any person under 18 years of age to 1244 knowingly possess any tobacco product. Any person under 18 years 1245 of age who violatesthe provisions ofthis subsection commits a 1246 noncriminal violation as provided in s. 775.08(3), punishable 1247 by: 1248 (a) For a first violation, 16 hours of community service 1249 or, instead of community service, a $25 fine. In addition, the 1250 person must attend a school-approved anti-tobacco program, if 1251 locally available; or 1252 (b) For a second or subsequent violation within 12 weeks 1253 afterofthe first violation, a $25 fine; or1254(c)For a third or subsequent violation within 12 weeks of1255the first violation, the court must direct the Department of1256Highway Safety and Motor Vehicles to withhold issuance of or1257suspend or revoke the person’s driver license or driving1258privilege, as provided in s. 322.056. 1259 1260 Any second or subsequent violation not within the 12-weektime1261 period after the first violation is punishable as provided for a 1262 first violation. 1263 (2) It is unlawful for any person under 18 years of age to 1264 misrepresent his or her age or military service for the purpose 1265 of inducing a dealer or an agent or employee of the dealer to 1266 sell, give, barter, furnish, or deliver any tobacco product, or 1267 to purchase, or attempt to purchase, any tobacco product from a 1268 person or a vending machine. Any person under 18 years of age 1269 who violatesa provision ofthis subsection commits a 1270 noncriminal violation as provided in s. 775.08(3), punishable 1271 by: 1272 (a) For a first violation, 16 hours of community service 1273 or, instead of community service, a $25 fine and, in addition, 1274 the person must attend a school-approved anti-tobacco program, 1275 if available; or 1276 (b) For a second or subsequent violation within 12 weeks 1277 afterofthe first violation, a $25 fine; or1278(c)For a third or subsequent violation within 12 weeks of1279the first violation, the court must direct the Department of1280Highway Safety and Motor Vehicles to withhold issuance of or1281suspend or revoke the person’s driver license or driving1282privilege, as provided in s. 322.056. 1283 1284 Any second or subsequent violation not within the 12-weektime1285 period after the first violation is punishable as provided for a 1286 first violation. 1287 (5)(a) If a person under 18 years of age is found by the 1288 court to have committed a noncriminal violation under this 1289 section and that person has failed to complete community 1290 service, pay the fine as required by paragraph (1)(a) or 1291 paragraph (2)(a), or attend a school-approved anti-tobacco 1292 program, if locally available, the court maymustdirect the 1293 Department of Highway Safety and Motor Vehicles to withhold 1294 issuance of or suspend the driver license or driving privilege 1295 of that person for a period of 30 consecutive days. 1296 (b) If a person under 18 years of age is found by the court 1297 to have committed a noncriminal violation under this section and 1298 that person has failed to pay the applicable fine as required by 1299 paragraph (1)(b) or paragraph (2)(b), the court maymustdirect 1300 the Department of Highway Safety and Motor Vehicles to withhold 1301 issuance of or suspend the driver license or driving privilege 1302 of that person for a period of 45 consecutive days. 1303 Section 28. Section 713.69, Florida Statutes, is amended to 1304 read: 1305 713.69 Unlawful to remove property upon which lien has 1306 accrued.—It is unlawful for any person to remove any property 1307 upon which a lien has accrued underthe provisions ofs. 713.68 1308 from any hotel, apartment house, roominghouse, lodginghouse, 1309 boardinghouse or tenement house without first making full 1310 payment to the person operating or conducting the same of all 1311 sums due and payable for such occupancy or without first having 1312 the written consent of such person so conducting or operating 1313 such place to so remove such property. Any person who violates 1314violating the provisions ofthis sectionshall, if the value of 1315 the property removed in violation hereof is less than $1,000be1316of the value of$50 or less, commitsbe guilty ofa misdemeanor 1317 of the second degree, punishable as provided in s. 775.082 or s. 1318 775.083; and if the value of the property so removed is $1,000 1319 or more,should be of greater value than $50 thensuch person 1320 commitsshall be guilty ofa felony of the third degree, 1321 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1322 Section 29. Paragraph (g) of subsection (1) of section 1323 741.30, Florida Statutes, is amended to read: 1324 741.30 Domestic violence; injunction; powers and duties of 1325 court and clerk; petition; notice and hearing; temporary 1326 injunction; issuance of injunction; statewide verification 1327 system; enforcement; public records exemption.— 1328 (1) There is created a cause of action for an injunction 1329 for protection against domestic violence. 1330(g)Notwithstanding any other law, attorney fees may not be1331awarded in any proceeding under this section. 1332 Section 30. Paragraphs (a) and (d) of subsection (9) of 1333 section 775.082, Florida Statutes, are amended to read: 1334 775.082 Penalties; applicability of sentencing structures; 1335 mandatory minimum sentences for certain reoffenders previously 1336 released from prison.— 1337 (9)(a)1. “Prison releasee reoffender” means any defendant 1338 who commits, or attempts to commit: 1339 a. Treason; 1340 b. Murder; 1341 c. Manslaughter; 1342 d. Sexual battery; 1343 e. Carjacking; 1344 f. Home-invasion robbery; 1345 g. Robbery; 1346 h. Arson; 1347 i. Kidnapping; 1348 j. Aggravated assault with a deadly weapon; 1349 k. Aggravated battery; 1350 l. Aggravated stalking; 1351 m. Aircraft piracy; 1352 n. Unlawful throwing, placing, or discharging of a 1353 destructive device or bomb; 1354 o. Any felony that involves the use or threat of physical 1355 force or violence against an individual; 1356 p. Armed burglary; 1357 q. Burglary of a dwelling or burglary of an occupied 1358 structure; or 1359 r. Any felony violation of s. 790.07, s. 800.04, s. 827.03, 1360 s. 827.071, or s. 847.0135(5); 1361 1362 within 3 years after being released from a state correctional 1363 facility operated by the Department of Corrections or a private 1364 vendor, a county detention facility following incarceration for 1365 an offense for which the sentence pronounced was a prison 1366 sentence, orwithin 3 years after being released froma 1367 correctional institution of another state, the District of 1368 Columbia, the United States, any possession or territory of the 1369 United States, or any foreign jurisdiction, following 1370 incarceration for an offense for which the sentence is 1371 punishable by more than 1 year in this state. 1372 2. “Prison releasee reoffender” also means any defendant 1373 who commits or attempts to commit any offense listed in sub 1374 subparagraphs (a)1.a.-r. while the defendant was serving a 1375 prison sentence or on escape status from a state correctional 1376 facility operated by the Department of Corrections or a private 1377 vendor or while the defendant was on escape status from a 1378 correctional institution of another state, the District of 1379 Columbia, the United States, any possession or territory of the 1380 United States, or any foreign jurisdiction, following 1381 incarceration for an offense for which the sentence is 1382 punishable by more than 1 year in this state. 1383 3. If the state attorney determines that a defendant is a 1384 prison releasee reoffender as defined in subparagraph 1., the 1385 state attorney may seek to have the court sentence the defendant 1386 as a prison releasee reoffender. Upon proof from the state 1387 attorney that establishes by a preponderance of the evidence 1388 that a defendant is a prison releasee reoffender as defined in 1389 this section, such defendant is not eligible for sentencing 1390 under the sentencing guidelines and must be sentenced as 1391 follows: 1392 a. For a felony punishable by life, by a term of 1393 imprisonment for life; 1394 b. For a felony of the first degree, by a term of 1395 imprisonment of 30 years; 1396 c. For a felony of the second degree, by a term of 1397 imprisonment of 15 years; and 1398 d. For a felony of the third degree, by a term of 1399 imprisonment of 5 years. 1400 (d)1. It is the intent of the Legislature that offenders 1401 previously released from prison or a county detention facility 1402 following incarceration for an offense for which the sentence 1403 pronounced was a prison sentence who meet the criteria in 1404 paragraph (a) be punished to the fullest extent of the law and 1405 as provided in this subsection, unless the state attorney 1406 determines that extenuating circumstances exist which preclude 1407 the just prosecution of the offender, including whether the 1408 victim recommends that the offender not be sentenced as provided 1409 in this subsection. 1410 2. For every case in which the offender meets the criteria 1411 in paragraph (a) and does not receive the mandatory minimum 1412 prison sentence, the state attorney must explain the sentencing 1413 deviation in writing and place such explanation in the case file 1414 maintained by the state attorney. 1415 Section 31. Paragraph (d) of subsection (1) of section 1416 784.048, Florida Statutes, is amended, and subsections (2) 1417 through (5) and (7) of that section are republished, to read: 1418 784.048 Stalking; definitions; penalties.— 1419 (1) As used in this section, the term: 1420 (d) “Cyberstalk” means: 1421 1. To engage in a course of conduct to communicate, or to 1422 cause to be communicated, words, images, or language by or 1423 through the use of electronic mail or electronic communication, 1424 directed at a specific person; or 1425 2. To access, or attempt to access, the online accounts or 1426 Internet-connected home electronic systems of another person 1427 without that person’s permission, 1428 1429 causing substantial emotional distress to that person and 1430 serving no legitimate purpose. 1431 (2) A person who willfully, maliciously, and repeatedly 1432 follows, harasses, or cyberstalks another person commits the 1433 offense of stalking, a misdemeanor of the first degree, 1434 punishable as provided in s. 775.082 or s. 775.083. 1435 (3) A person who willfully, maliciously, and repeatedly 1436 follows, harasses, or cyberstalks another person and makes a 1437 credible threat to that person commits the offense of aggravated 1438 stalking, a felony of the third degree, punishable as provided 1439 in s. 775.082, s. 775.083, or s. 775.084. 1440 (4) A person who, after an injunction for protection 1441 against repeat violence, sexual violence, or dating violence 1442 pursuant to s. 784.046, or an injunction for protection against 1443 domestic violence pursuant to s. 741.30, or after any other 1444 court-imposed prohibition of conduct toward the subject person 1445 or that person’s property, knowingly, willfully, maliciously, 1446 and repeatedly follows, harasses, or cyberstalks another person 1447 commits the offense of aggravated stalking, a felony of the 1448 third degree, punishable as provided in s. 775.082, s. 775.083, 1449 or s. 775.084. 1450 (5) A person who willfully, maliciously, and repeatedly 1451 follows, harasses, or cyberstalks a child under 16 years of age 1452 commits the offense of aggravated stalking, a felony of the 1453 third degree, punishable as provided in s. 775.082, s. 775.083, 1454 or s. 775.084. 1455 (7) A person who, after having been sentenced for a 1456 violation of s. 794.011, s. 800.04, or s. 847.0135(5) and 1457 prohibited from contacting the victim of the offense under s. 1458 921.244, willfully, maliciously, and repeatedly follows, 1459 harasses, or cyberstalks the victim commits the offense of 1460 aggravated stalking, a felony of the third degree, punishable as 1461 provided in s. 775.082, s. 775.083, or s. 775.084. 1462 Section 32. Subsection (1) of section 790.052, Florida 1463 Statutes, is amended to read: 1464 790.052 Carrying concealed firearms; off-duty law 1465 enforcement officers.— 1466 (1)(a) All persons holding active certifications from the 1467 Criminal Justice Standards and Training Commission as law 1468 enforcement officers or correctional officers as defined in s. 1469 943.10(1), (2), (6), (7), (8), or (9) shall have the right to 1470 carry, on or about their persons, concealed firearms, during 1471 off-duty hours, at the discretion of their superior officers, 1472 and may perform those law enforcement functions that they 1473 normally perform during duty hours, utilizing their weapons in a 1474 manner which is reasonably expected of on-duty officers in 1475 similar situations. 1476 (b) All persons holding an active certification from the 1477 Criminal Justice Standards and Training Commission as a law 1478 enforcement officer or a correctional officer as defined in s. 1479 943.10(1), (2), (6), (7), (8), or (9) meet the definition of 1480 “qualified law enforcement officer” in 18 U.S.C. s. 926B(c). 1481 (c) All persons who held an active certification from the 1482 Criminal Justice Standards and Training Commission as a law 1483 enforcement officer or correctional officer as defined in s. 1484 943.10(1), (2), (6), (7), (8), or (9), while working for an 1485 employing agency, as defined in s. 943.10(4), but have separated 1486 from service under the conditions set forth in 18 U.S.C. s. 1487 926C(c), meet the definition of “qualified retired law 1488 enforcement officer.” 1489 (d)However, nothing inThis section does notsubsection1490shall be construed tolimit the right of a law enforcement 1491 officer, correctional officer, or correctional probation officer 1492 to carry a concealed firearm off duty as a private citizen under 1493 the exemption provided in s. 790.06 that allows a law 1494 enforcement officer, correctional officer, or correctional 1495 probation officer as defined in s. 943.10(1), (2), (3), (6), 1496 (7), (8), or (9) to carry a concealed firearm without a 1497 concealed weapon or firearm license. The appointing or employing 1498 agency or department of an officer carrying a concealed firearm 1499 as a private citizen under s. 790.06 shall not be liable for the 1500 use of the firearm in such capacity. Nothing herein limits the 1501 authority of the appointing or employing agency or department 1502 from establishing policies limiting law enforcement officers or 1503 correctional officers from carrying concealed firearms during 1504 off-duty hours in their capacity as appointees or employees of 1505 the agency or department. 1506 Section 33. Subsections (5) and (10) of section 790.22, 1507 Florida Statutes, are amended to read: 1508 790.22 Use of BB guns, air or gas-operated guns, or 1509 electric weapons or devices by minor under 16; limitation; 1510 possession of firearms by minor under 18 prohibited; penalties.— 1511 (5)(a) A minor who violates subsection (3) commits a 1512 misdemeanor of the first degree; for a first offense, may serve 1513 a period of detention of up to 3 days in a secure detention 1514 facility; and, in addition to any other penalty provided by law, 1515 shall be required to perform 100 hours of community service; 1516 and: 1517 1. If the minor is eligible by reason of age for a driver 1518 license or driving privilege, the court mayshalldirect the 1519 Department of Highway Safety and Motor Vehicles to revoke or to 1520 withhold issuance of the minor’s driver license or driving 1521 privilege for up to 1 year. 1522 2. If the minor’s driver license or driving privilege is 1523 under suspension or revocation for any reason, the court may 1524shalldirect the Department of Highway Safety and Motor Vehicles 1525 to extend the period of suspension or revocation by an 1526 additional period of up to 1 year. 1527 3. If the minor is ineligible by reason of age for a driver 1528 license or driving privilege, the court mayshalldirect the 1529 Department of Highway Safety and Motor Vehicles to withhold 1530 issuance of the minor’s driver license or driving privilege for 1531 up to 1 year after the date on which the minor would otherwise 1532 have become eligible. 1533 (b) For a second or subsequent offense, a minor who 1534 violates subsection (3) commits a felony of the third degree and 1535 shall serve a period of detention of up to 15 days in a secure 1536 detention facility and shall be required to perform not less 1537 than 100 nor more than 250 hours of community service, and: 1538 1. If the minor is eligible by reason of age for a driver 1539 license or driving privilege, the court mayshalldirect the 1540 Department of Highway Safety and Motor Vehicles to revoke or to 1541 withhold issuance of the minor’s driver license or driving 1542 privilege for up to 2 years. 1543 2. If the minor’s driver license or driving privilege is 1544 under suspension or revocation for any reason, the court may 1545shalldirect the Department of Highway Safety and Motor Vehicles 1546 to extend the period of suspension or revocation by an 1547 additional period of up to 2 years. 1548 3. If the minor is ineligible by reason of age for a driver 1549 license or driving privilege, the court mayshalldirect the 1550 Department of Highway Safety and Motor Vehicles to withhold 1551 issuance of the minor’s driver license or driving privilege for 1552 up to 2 years after the date on which the minor would otherwise 1553 have become eligible. 1554 1555 For the purposes of this subsection, community service shall be 1556 performed, if possible, in a manner involving a hospital 1557 emergency room or other medical environment that deals on a 1558 regular basis with trauma patients and gunshot wounds. 1559 (10) If a minor is found to have committed an offense under 1560 subsection (9), the court shall impose the following penalties 1561 in addition to any penalty imposed under paragraph (9)(a) or 1562 paragraph (9)(b): 1563 (a) For a first offense: 1564 1. If the minor is eligible by reason of age for a driver 1565 license or driving privilege, the court mayshalldirect the 1566 Department of Highway Safety and Motor Vehicles to revoke or to 1567 withhold issuance of the minor’s driver license or driving 1568 privilege for up to 1 year. 1569 2. If the minor’s driver license or driving privilege is 1570 under suspension or revocation for any reason, the court may 1571shalldirect the Department of Highway Safety and Motor Vehicles 1572 to extend the period of suspension or revocation by an 1573 additional period for up to 1 year. 1574 3. If the minor is ineligible by reason of age for a driver 1575 license or driving privilege, the court mayshalldirect the 1576 Department of Highway Safety and Motor Vehicles to withhold 1577 issuance of the minor’s driver license or driving privilege for 1578 up to 1 year after the date on which the minor would otherwise 1579 have become eligible. 1580 (b) For a second or subsequent offense: 1581 1. If the minor is eligible by reason of age for a driver 1582 license or driving privilege, the court mayshalldirect the 1583 Department of Highway Safety and Motor Vehicles to revoke or to 1584 withhold issuance of the minor’s driver license or driving 1585 privilege for up to 2 years. 1586 2. If the minor’s driver license or driving privilege is 1587 under suspension or revocation for any reason, the court may 1588shalldirect the Department of Highway Safety and Motor Vehicles 1589 to extend the period of suspension or revocation by an 1590 additional period for up to 2 years. 1591 3. If the minor is ineligible by reason of age for a driver 1592 license or driving privilege, the court mayshalldirect the 1593 Department of Highway Safety and Motor Vehicles to withhold 1594 issuance of the minor’s driver license or driving privilege for 1595 up to 2 years after the date on which the minor would otherwise 1596 have become eligible. 1597 Section 34. Section 800.09, Florida Statutes, is amended to 1598 read: 1599 800.09 Lewd or lascivious exhibition in the presence of an 1600 employee.— 1601 (1) As used in this section, the term: 1602 (a) “Employee” means: 1603 1. Any person employed by or performing contractual 1604 services for a public or private entity operating a state 1605 correctional institution or private correctional facility;or1606 2. Any person employed by or performing contractual 1607 services for the corporation operating the prison industry 1608 enhancement programs or the correctional work programs under 1609 part II of chapter 946;. The term also includes1610 3. Any person who is a parole examiner with the Florida 1611 Commission on Offender Review; or 1612 4. Any person employed at or performing contractual 1613 services for a county detention facility. 1614 (b) “Facility” means a state correctional institution as 1615 defined in s. 944.02,ora private correctional facility as 1616 defined in s. 944.710, or a county detention facility as defined 1617 in s. 951.23. 1618 (2)(a) A person who is detained in a facility may not: 1619 1. Intentionally masturbate; 1620 2. Intentionally expose the genitals in a lewd or 1621 lascivious manner; or 1622 3. Intentionally commit any other sexual act that does not 1623 involve actual physical or sexual contact with the victim, 1624 including, but not limited to, sadomasochistic abuse, sexual 1625 bestiality, or the simulation of any act involving sexual 1626 activity, 1627 1628 in the presence of a person he or she knows or reasonably should 1629 know is an employee. 1630 (b) A person who violates paragraph (a) commits lewd or 1631 lascivious exhibition in the presence of an employee, a felony 1632 of the third degree, punishable as provided in s. 775.082, s. 1633 775.083, or s. 775.084. 1634 Section 35. Subsection (7) of section 806.13, Florida 1635 Statutes, is amended, and subsection (8) of that section is 1636 republished, to read: 1637 806.13 Criminal mischief; penalties; penalty for minor.— 1638 (7) In addition to any other penalty provided by law, if a 1639 minor is found to have committed a delinquent act under this 1640 section for placing graffiti on any public property or private 1641 property, and: 1642 (a) The minor is eligible by reason of age for a driver 1643 license or driving privilege, the court mayshalldirect the 1644 Department of Highway Safety and Motor Vehicles to revoke or 1645 withhold issuance of the minor’s driver license or driving 1646 privilege for not more than 1 year. 1647 (b) The minor’s driver license or driving privilege is 1648 under suspension or revocation for any reason, the court may 1649shalldirect the Department of Highway Safety and Motor Vehicles 1650 to extend the period of suspension or revocation by an 1651 additional period of not more than 1 year. 1652 (c) The minor is ineligible by reason of age for a driver 1653 license or driving privilege, the court mayshalldirect the 1654 Department of Highway Safety and Motor Vehicles to withhold 1655 issuance of the minor’s driver license or driving privilege for 1656 not more than 1 year after the date on which he or she would 1657 otherwise have become eligible. 1658 (8) A minor whose driver license or driving privilege is 1659 revoked, suspended, or withheld under subsection (7) may elect 1660 to reduce the period of revocation, suspension, or withholding 1661 by performing community service at the rate of 1 day for each 1662 hour of community service performed. In addition, if the court 1663 determines that due to a family hardship, the minor’s driver 1664 license or driving privilege is necessary for employment or 1665 medical purposes of the minor or a member of the minor’s family, 1666 the court shall order the minor to perform community service and 1667 reduce the period of revocation, suspension, or withholding at 1668 the rate of 1 day for each hour of community service performed. 1669 As used in this subsection, the term “community service” means 1670 cleaning graffiti from public property. 1671 Section 36. Paragraphs (c), (d), and (e) of subsection (2) 1672 of section 812.014, Florida Statutes, are amended, and 1673 subsection (7) is added to that section, to read: 1674 812.014 Theft.— 1675 (2) 1676 (c) It is grand theft of the third degree and a felony of 1677 the third degree, punishable as provided in s. 775.082, s. 1678 775.083, or s. 775.084, if the property stolen is: 1679 1. Valued at $750$300or more, but less than $5,000. 1680 2. Valued at $5,000 or more, but less than $10,000. 1681 3. Valued at $10,000 or more, but less than $20,000. 1682 4. A will, codicil, or other testamentary instrument. 1683 5. A firearm. 1684 6. A motor vehicle, except as provided in paragraph (a). 1685 7. Any commercially farmed animal, including any animal of 1686 the equine, avian, bovine, or swine class or other grazing 1687 animal; a bee colony of a registered beekeeper; and aquaculture 1688 species raised at a certified aquaculture facility. If the 1689 property stolen is a commercially farmed animal, including an 1690 animal of the equine, avian, bovine, or swine class or other 1691 grazing animal; a bee colony of a registered beekeeper; or an 1692 aquaculture species raised at a certified aquaculture facility, 1693 a $10,000 fine shall be imposed. 1694 8. Any fire extinguisher that, at the time of the taking, 1695 was installed in any building for the purpose of fire prevention 1696 and control. This subparagraph does not apply to a fire 1697 extinguisher taken from the inventory at a point-of-sale 1698 business. 1699 9. Any amount of citrus fruit consisting of 2,000 or more 1700 individual pieces of fruit. 1701 10. Taken from a designated construction site identified by 1702 the posting of a sign as provided for in s. 810.09(2)(d). 1703 11. Any stop sign. 1704 12. Anhydrous ammonia. 1705 13. Any amount of a controlled substance as defined in s. 1706 893.02. Notwithstanding any other law, separate judgments and 1707 sentences for theft of a controlled substance under this 1708 subparagraph and for any applicable possession of controlled 1709 substance offense under s. 893.13 or trafficking in controlled 1710 substance offense under s. 893.135 may be imposed when all such 1711 offenses involve the same amount or amounts of a controlled 1712 substance. 1713 1714 However, if the property is stolen within a county that is 1715 subject to a state of emergency declared by the Governor under 1716 chapter 252, the property is stolen after the declaration of 1717 emergency is made, and the perpetration of the theft is 1718 facilitated by conditions arising from the emergency, the 1719 offender commits a felony of the second degree, punishable as 1720 provided in s. 775.082, s. 775.083, or s. 775.084, if the 1721 property is valued at $5,000 or more, but less than $10,000, as 1722 provided under subparagraph 2., or if the property is valued at 1723 $10,000 or more, but less than $20,000, as provided under 1724 subparagraph 3. As used in this paragraph, the term “conditions 1725 arising from the emergency” means civil unrest, power outages, 1726 curfews, voluntary or mandatory evacuations, or a reduction in 1727 the presence of or the response time for first responders or 1728 homeland security personnel. For purposes of sentencing under 1729 chapter 921, a felony offense that is reclassified under this 1730 paragraph is ranked one level above the ranking under s. 1731 921.0022 or s. 921.0023 of the offense committed. 1732 (d) It is grand theft of the third degree and a felony of 1733 the third degree, punishable as provided in s. 775.082, s. 1734 775.083, or s. 775.084, if the property stolen is valued at $100 1735 or more, but less than $750$300, and is taken from a dwelling 1736 as defined in s. 810.011(2) or from the unenclosed curtilage of 1737 a dwelling pursuant to s. 810.09(1). 1738 (e) Except as provided in paragraph (d), if the property 1739 stolen is valued at $100 or more, but less than $750$300, the 1740 offender commits petit theft of the first degree, punishable as 1741 a misdemeanor of the first degree, as provided in s. 775.082 or 1742 s. 775.083. 1743 (7) The Office of Program Policy Analysis and Government 1744 Accountability (OPPAGA) shall perform a study every 5 years to 1745 determine the appropriateness of the threshold amounts included 1746 in this section. The study’s scope must include, but need not be 1747 limited to, the crime trends related to theft offenses, the 1748 theft threshold amounts of other states in effect at the time of 1749 the study, the fiscal impact of any modifications to this 1750 state’s threshold amounts, and the effect on economic factors, 1751 such as inflation. The study must include options for amending 1752 the threshold amounts if the study finds that such amounts are 1753 inconsistent with current trends. In conducting the study, 1754 OPPAGA shall consult with the Office of Economic and Demographic 1755 Research in addition to other interested entities. OPPAGA shall 1756 submit a report to the Governor, the President of the Senate, 1757 and the Speaker of the House of Representatives by September 1 1758 of every 5th year. 1759 Section 37. Subsections (8) and (9) of section 812.015, 1760 Florida Statutes, are amended, and subsections (10) and (11) are 1761 added to that section, to read: 1762 812.015 Retail and farm theft; transit fare evasion; 1763 mandatory fine; alternative punishment; detention and arrest; 1764 exemption from liability for false arrest; resisting arrest; 1765 penalties.— 1766 (8) Except as provided in subsection (9), a person who 1767 commits retail theft commits a felony of the third degree, 1768 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 1769 if the property stolen is valued at $750$300or more, and the 1770 person: 1771 (a) Individually commits retail theft, or in concert with 1772 one or more other persons, coordinates the activities of one or 1773 more individuals in committing the offense, which may occur 1774 through multiple acts of retail theft, in whichcasethe amount 1775 of each individual theft is aggregated within a 30-day period to 1776 determine the value of the property stolen; 1777 (b) Conspires with another person to commit retail theft 1778 with the intent to sell the stolen property for monetary or 1779 other gain, and subsequently takes or causes such property to be 1780 placed in the control of another person in exchange for 1781 consideration, in which the stolen property taken or placed 1782 within a 30-day period is aggregated to determine the value of 1783 the stolen property; 1784 (c)(b)Individually, or in concert with one or more other 1785 persons, commits theft from more than one location within a 30 1786 day48-hourperiod, in whichcasethe amount of each individual 1787 theft is aggregated to determine the value of the property 1788 stolen; 1789 (d)(c)Acts in concert with one or more other individuals 1790 within one or more establishments to distract the merchant, 1791 merchant’s employee, or law enforcement officer in order to 1792 carry out the offense, or acts in other ways to coordinate 1793 efforts to carry out the offense; or 1794 (e)(d)Commits the offense through the purchase of 1795 merchandise in a package or box that contains merchandise other 1796 than, or in addition to, the merchandise purported to be 1797 contained in the package or box. 1798 (9) A person commits a felony of the second degree, 1799 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 1800 if the person: 1801 (a) Violates subsection (8) and has previously been 1802 convicted of a violation of subsection (8);or1803 (b) Individually, or in concert with one or more other 1804 persons, coordinates the activities of one or more persons in 1805 committing the offense of retail theft, in which the amount of 1806 each individual theft within a 30-day period is aggregated to 1807 determine the value of the stolen property and suchwhere the1808stolen property has avalue is in excess of $3,000; or 1809 (c) Conspires with another person to commit retail theft 1810 with the intent to sell the stolen property for monetary or 1811 other gain, and subsequently takes or causes such property to be 1812 placed in control of another person in exchange for 1813 consideration, in which the stolen property taken or placed 1814 within a 30-day period is aggregated to have a value in excess 1815 of $3,000. 1816 (10) If a person commits retail theft in more than one 1817 judicial circuit within a 30-day period, the value of the stolen 1818 property resulting from the thefts in each judicial circuit may 1819 be aggregated, and the person must be prosecuted by the Office 1820 of the Statewide Prosecutor in accordance with s. 16.56. 1821 (11) The Office of Program Policy Analysis and Government 1822 Accountability (OPPAGA) shall perform a study every 5 years to 1823 determine the appropriateness of the threshold amounts included 1824 in this section. The study’s scope must include, but need not be 1825 limited to, the crime trends related to theft offenses, the 1826 theft threshold amounts of other states in effect at the time of 1827 the study, the fiscal impact of any modifications to this 1828 state’s threshold amounts, and the effect on economic factors, 1829 such as inflation. The study must include options for amending 1830 the threshold amounts if the study finds that such amounts are 1831 inconsistent with current trends. In conducting the study, 1832 OPPAGA shall consult with the Office of Economic and Demographic 1833 Research in addition to other interested entities. OPPAGA shall 1834 submit a report to the Governor, the President of the Senate, 1835 and the Speaker of the House of Representatives by September 1 1836 of every 5th year. 1837 Section 38. Section 812.0155, Florida Statutes, is amended 1838 to read: 1839 812.0155 Driver license suspension as an alternative 1840 sentence for a person under 18 years of ageSuspension of driver1841license following an adjudication of guilt for theft.— 1842(1)Except as provided in subsections (2) and (3), the1843court may order the suspension of the driver license of each1844person adjudicated guilty of any misdemeanor violation of s.1845812.014 or s. 812.015, regardless of the value of the property1846stolen. Upon ordering the suspension of the driver license of1847the person adjudicated guilty, the court shall forward the1848driver license of the person adjudicated guilty to the1849Department of Highway Safety and Motor Vehicles in accordance1850with s. 322.25.1851(a)The first suspension of a driver license under this1852subsection shall be for a period of up to 6 months.1853(b)A second or subsequent suspension of a driver license1854under this subsection shall be for 1 year.1855 (1)(2)The court may revoke, suspend, or withhold issuance 1856 of a driver license of a person less than 18 years of age who 1857 violates s. 812.014 or s. 812.015 as an alternative to 1858 sentencing the person to: 1859 (a) Probation as defined in s. 985.03 or commitment to the 1860 Department of Juvenile Justice, if the person is adjudicated 1861 delinquent for such violation and has not previously been 1862 convicted of or adjudicated delinquent for any criminal offense, 1863 regardless of whether adjudication was withheld. 1864 (b) Probation as defined in s. 985.03, commitment to the 1865 Department of Juvenile Justice, probation as defined in chapter 1866 948, community control, or incarceration, if the person is 1867 convicted as an adult of such violation and has not previously 1868 been convicted of or adjudicated delinquent for any criminal 1869 offense, regardless of whether adjudication was withheld. 1870 (2)(3)As used in this subsection, the term “department” 1871 means the Department of Highway Safety and Motor Vehicles. A 1872 court that revokes, suspends, or withholds issuance of a driver 1873 license under subsection (1)(2)shall: 1874 (a) If the person is eligible by reason of age for a driver 1875 license or driving privilege, direct the department to revoke or 1876 withhold issuance of the person’s driver license or driving 1877 privilege for not less than 6 months and not more than 1 year; 1878 (b) If the person’s driver license is under suspension or 1879 revocation for any reason, direct the department to extend the 1880 period of suspension or revocation by not less than 6 months and 1881 not more than 1 year; or 1882 (c) If the person is ineligible by reason of age for a 1883 driver license or driving privilege, direct the department to 1884 withhold issuance of the person’s driver license or driving 1885 privilege for not less than 6 months and not more than 1 year 1886 after the date on which the person would otherwise become 1887 eligible. 1888 (3)(4)This section doesSubsections (2) and (3) donot 1889 preclude the court from imposing any other sanctionspecified or1890not specified in subsection (2) or subsection (3). 1891(5)A court that suspends the driver license of a person1892pursuant to subsection (1) may direct the Department of Highway1893Safety and Motor Vehicles to issue the person a license for1894driving privilege restricted to business purposes only, as1895defined in s. 322.271, if he or she is otherwise qualified.1896 Section 39. Subsection (1) of section 815.03, Florida 1897 Statutes, is amended to read: 1898 815.03 Definitions.—As used in this chapter, unless the 1899 context clearly indicates otherwise: 1900 (1) “Access” means to approach, instruct, communicate with, 1901 store data in, retrieve data from, or otherwise make use of any 1902 resources of a computer, a computer system, aorcomputer 1903 network, or an electronic device. 1904 Section 40. Subsection (2) of section 815.06, Florida 1905 Statutes, is amended, and subsection (3) of that section is 1906 republished, to read: 1907 815.06 Offenses against users of computers, computer 1908 systems, computer networks, and electronic devices.— 1909 (2) A person commits an offense against users of computers, 1910 computer systems, computer networks, or electronic devices if he 1911 or she willfully, knowingly, and without authorization or 1912 exceeding authorization: 1913 (a) Accesses or causes to be accessed any computer, 1914 computer system, computer network, or electronic device with 1915 knowledge that such access is unauthorized or the manner of use 1916 exceeds authorization; 1917 (b) Disrupts or denies or causes the denial of the ability 1918 to transmit data to or from an authorized user of a computer, 1919 computer system, computer network, or electronic device, which, 1920 in whole or in part, is owned by, under contract to, or operated 1921 for, on behalf of, or in conjunction with another; 1922 (c) Destroys, takes, injures, or damages equipment or 1923 supplies used or intended to be used in a computer, computer 1924 system, computer network, or electronic device; 1925 (d) Destroys, injures, or damages any computer, computer 1926 system, computer network, or electronic device; 1927 (e) Introduces any computer contaminant into any computer, 1928 computer system, computer network, or electronic device; or 1929 (f) Engages in audio or video surveillance of an individual 1930 by accessing any inherent feature or component of a computer, 1931 computer system, computer network, or electronic device, 1932 including accessing the data or information of a computer, 1933 computer system, computer network, or electronic device that is 1934 stored by a third party. 1935 (3)(a) Except as provided in paragraphs (b) and (c), a 1936 person who violates subsection (2) commits a felony of the third 1937 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1938 775.084. 1939 (b) A person commits a felony of the second degree, 1940 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 1941 if he or she violates subsection (2) and: 1942 1. Damages a computer, computer equipment or supplies, a 1943 computer system, or a computer network and the damage or loss is 1944 at least $5,000; 1945 2. Commits the offense for the purpose of devising or 1946 executing any scheme or artifice to defraud or obtain property; 1947 3. Interrupts or impairs a governmental operation or public 1948 communication, transportation, or supply of water, gas, or other 1949 public service; or 1950 4. Intentionally interrupts the transmittal of data to or 1951 from, or gains unauthorized access to, a computer, computer 1952 system, computer network, or electronic device belonging to any 1953 mode of public or private transit, as defined in s. 341.031. 1954 (c) A person who violates subsection (2) commits a felony 1955 of the first degree, punishable as provided in s. 775.082, s. 1956 775.083, or s. 775.084, if the violation: 1957 1. Endangers human life; or 1958 2. Disrupts a computer, computer system, computer network, 1959 or electronic device that affects medical equipment used in the 1960 direct administration of medical care or treatment to a person. 1961 Section 41. Section 817.413, Florida Statutes, is amended 1962 to read: 1963 817.413 Sale of used motor vehicle goods as new; penalty.— 1964 (1) With respect to a transaction for which any charges 1965 will be paid from the proceeds of a motor vehicle insurance 1966 policy,and in which the purchase price of motor vehicle goods1967exceeds $100,it is unlawful for the seller to knowingly 1968 misrepresent orally, in writing, or by failure to speak, that 1969 the goods are new or original when they are used or repossessed 1970 or have been used for sales demonstration. 1971 (2) A person who violatesthe provisions ofthis section, 1972 if the purchase price of the motor vehicle goods is $1,000 or 1973 more, commits a felony of the third degree, punishable as 1974 provided in s. 775.082, s. 775.083, or s. 775.084. If the 1975 purchase price of the motor vehicle goods is less than $1,000, 1976 the person commits a misdemeanor of the first degree, punishable 1977 as provided in s. 775.082 or s. 775.083. 1978 Section 42. Paragraph (a) of subsection (2) of section 1979 831.28, Florida Statutes, is amended to read: 1980 831.28 Counterfeiting a payment instrument; possessing a 1981 counterfeit payment instrument; penalties.— 1982 (2)(a) It is unlawful to counterfeit a payment instrument 1983 with the intent to defraud a financial institution, account 1984 holder, or any other person or organization or for a person to 1985 have any counterfeit payment instrument in such person’s 1986 possession with the intent to defraud a financial institution, 1987 an account holder, or any other person or organization. Any 1988 person who violates this subsection commits a felony of the 1989 third degree, punishable as provided in s. 775.082, s. 775.083, 1990 or s. 775.084. 1991 Section 43. Section 849.01, Florida Statutes, is amended to 1992 read: 1993 849.01 Keeping gambling houses, etc.—Whoever by herself or 1994 himself, her or his servant, clerk or agent, or in any other 1995 manner has, keeps, exercises or maintains a gaming table or 1996 room, or gaming implements or apparatus, or house, booth, tent, 1997 shelter or other place for the purpose of gaming or gambling or 1998 in any place of which she or he may directly or indirectly have 1999 charge, control or management, either exclusively or with 2000 others, procures, suffers or permits any person to play for 2001 money or other valuable thing at any game whatever, whether 2002 heretofore prohibited or not, commitsshall be guilty ofa 2003 misdemeanorfelonyof the secondthirddegree, punishable as 2004 provided in s. 775.082 or,s. 775.083, or s. 775.084. 2005 Section 44. Subsections (6) and (7) and paragraphs (c) and 2006 (d) of subsection (8) of section 877.112, Florida Statutes, are 2007 amended to read: 2008 877.112 Nicotine products and nicotine dispensing devices; 2009 prohibitions for minors; penalties; civil fines; signage 2010 requirements; preemption.— 2011 (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR 2012 NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any 2013 person under 18 years of age to knowingly possess any nicotine 2014 product or a nicotine dispensing device. Any person under 18 2015 years of age who violates this subsection commits a noncriminal 2016 violation as defined in s. 775.08(3), punishable by: 2017 (a) For a first violation, 16 hours of community service 2018 or, instead of community service, a $25 fine. In addition, the 2019 person must attend a school-approved anti-tobacco and nicotine 2020 program, if locally available; or 2021 (b) For a second or subsequent violation within 12 weeks 2022 afterofthe first violation, a $25 fine.; or2023(c)For a third or subsequent violation within 12 weeks of2024the first violation, the court must direct the Department of2025Highway Safety and Motor Vehicles to withhold issuance of or2026suspend or revoke the person’s driver license or driving2027privilege, as provided in s. 322.056.2028 2029 Any second or subsequent violation not within the 12-week time 2030 period after the first violation is punishable as provided for a 2031 first violation. 2032 (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for 2033 any person under 18 years of age to misrepresent his or her age 2034 or military service for the purpose of inducing a retailer of 2035 nicotine products or nicotine dispensing devices or an agent or 2036 employee of such retailer to sell, give, barter, furnish, or 2037 deliver any nicotine product or nicotine dispensing device, or 2038 to purchase, or attempt to purchase, any nicotine product or 2039 nicotine dispensing device from a person or a vending machine. 2040 Any person under 18 years of age who violates this subsection 2041 commits a noncriminal violation as defined in s. 775.08(3), 2042 punishable by: 2043 (a) For a first violation, 16 hours of community service 2044 or, instead of community service, a $25 fine and, in addition, 2045 the person must attend a school-approved anti-tobacco and 2046 nicotine program, if available; or 2047 (b) For a second violation within 12 weeks afterofthe 2048 first violation, a $25 fine.; or2049(c)For a third or subsequent violation within 12 weeks of2050the first violation, the court must direct the Department of2051Highway Safety and Motor Vehicles to withhold issuance of or2052suspend or revoke the person’s driver license or driving2053privilege, as provided in s. 322.056.2054 2055 Any second or subsequent violation not within the 12-week time 2056 period after the first violation is punishable as provided for a 2057 first violation. 2058 (8) PENALTIES FOR MINORS.— 2059 (c) If a person under 18 years of age is found by the court 2060 to have committed a noncriminal violation under this section and 2061 that person has failed to complete community service, pay the 2062 fine as required by paragraph (6)(a) or paragraph (7)(a), or 2063 attend a school-approved anti-tobacco and nicotine program, if 2064 locally available, the court maymustdirect the Department of 2065 Highway Safety and Motor Vehicles to withhold issuance of or 2066 suspend the driver license or driving privilege of that person 2067 for 30 consecutive days. 2068 (d) If a person under 18 years of age is found by the court 2069 to have committed a noncriminal violation under this section and 2070 that person has failed to pay the applicable fine as required by 2071 paragraph (6)(b) or paragraph (7)(b), the court maymustdirect 2072 the Department of Highway Safety and Motor Vehicles to withhold 2073 issuance of or suspend the driver license or driving privilege 2074 of that person for 45 consecutive days. 2075 Section 45. Paragraph (c) of subsection (1) of section 2076 893.135, Florida Statutes, is amended to read: 2077 893.135 Trafficking; mandatory sentences; suspension or 2078 reduction of sentences; conspiracy to engage in trafficking.— 2079 (1) Except as authorized in this chapter or in chapter 499 2080 and notwithstanding the provisions of s. 893.13: 2081 (c)1. A person who knowingly sells, purchases, 2082 manufactures, delivers, or brings into this state, or who is 2083 knowingly in actual or constructive possession of, 4 grams or 2084 more of any morphine, opium, hydromorphone, or any salt, 2085 derivative, isomer, or salt of an isomer thereof, including 2086 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or 2087 (3)(c)4., or 4 grams or more of any mixture containing any such 2088 substance, but less than 30 kilograms of such substance or 2089 mixture, commits a felony of the first degree, which felony 2090 shall be known as “trafficking in illegal drugs,” punishable as 2091 provided in s. 775.082, s. 775.083, or s. 775.084. If the 2092 quantity involved: 2093 a. Is 4 grams or more, but less than 14 grams, such person 2094 shall be sentenced to a mandatory minimum term of imprisonment 2095 of 3 years and shall be ordered to pay a fine of $50,000. 2096 b. Is 14 grams or more, but less than 28 grams, such person 2097 shall be sentenced to a mandatory minimum term of imprisonment 2098 of 15 years and shall be ordered to pay a fine of $100,000. 2099 c. Is 28 grams or more, but less than 30 kilograms, such 2100 person shall be sentenced to a mandatory minimum term of 2101 imprisonment of 25 years and shall be ordered to pay a fine of 2102 $500,000. 2103 2. A person who knowingly sells, purchases, manufactures, 2104 delivers, or brings into this state, or who is knowingly in 2105 actual or constructive possession of, 2814grams or more of 2106 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 2107 described in s. 893.03(2)(a)1.g., or any salt thereof, or 28142108 grams or more of any mixture containing any such substance, 2109 commits a felony of the first degree, which felony shall be 2110 known as “trafficking in hydrocodone,” punishable as provided in 2111 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 2112 a. Is 2814grams or more, but less than 5028grams, such 2113 person shall be sentenced to a mandatory minimum term of 2114 imprisonment of 3 years and shall be ordered to pay a fine of 2115 $50,000. 2116 b. Is 5028grams or more, but less than 10050grams, such 2117 person shall be sentenced to a mandatory minimum term of 2118 imprisonment of 7 years and shall be ordered to pay a fine of 2119 $100,000. 2120 c. Is 10050grams or more, but less than 300200grams, 2121 such person shall be sentenced to a mandatory minimum term of 2122 imprisonment of 15 years and shall be ordered to pay a fine of 2123 $500,000. 2124 d. Is 300200grams or more, but less than 30 kilograms, 2125 such person shall be sentenced to a mandatory minimum term of 2126 imprisonment of 25 years and shall be ordered to pay a fine of 2127 $750,000. 2128 3. A person who knowingly sells, purchases, manufactures, 2129 delivers, or brings into this state, or who is knowingly in 2130 actual or constructive possession of, 7 grams or more of 2131 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt 2132 thereof, or 7 grams or more of any mixture containing any such 2133 substance, commits a felony of the first degree, which felony 2134 shall be known as “trafficking in oxycodone,” punishable as 2135 provided in s. 775.082, s. 775.083, or s. 775.084. If the 2136 quantity involved: 2137 a. Is 7 grams or more, but less than 14 grams, such person 2138 shall be sentenced to a mandatory minimum term of imprisonment 2139 of 3 years and shall be ordered to pay a fine of $50,000. 2140 b. Is 14 grams or more, but less than 25 grams, such person 2141 shall be sentenced to a mandatory minimum term of imprisonment 2142 of 7 years and shall be ordered to pay a fine of $100,000. 2143 c. Is 25 grams or more, but less than 100 grams, such 2144 person shall be sentenced to a mandatory minimum term of 2145 imprisonment of 15 years and shall be ordered to pay a fine of 2146 $500,000. 2147 d. Is 100 grams or more, but less than 30 kilograms, such 2148 person shall be sentenced to a mandatory minimum term of 2149 imprisonment of 25 years and shall be ordered to pay a fine of 2150 $750,000. 2151 4.a. A person who knowingly sells, purchases, manufactures, 2152 delivers, or brings into this state, or who is knowingly in 2153 actual or constructive possession of, 4 grams or more of: 2154 (I) Alfentanil, as described in s. 893.03(2)(b)1.; 2155 (II) Carfentanil, as described in s. 893.03(2)(b)6.; 2156 (III) Fentanyl, as described in s. 893.03(2)(b)9.; 2157 (IV) Sufentanil, as described in s. 893.03(2)(b)30.; 2158 (V) A fentanyl derivative, as described in s. 2159 893.03(1)(a)62.; 2160 (VI) A controlled substance analog, as described in s. 2161 893.0356, of any substance described in sub-sub-subparagraphs 2162 (I)-(V); or 2163 (VII) A mixture containing any substance described in sub 2164 sub-subparagraphs (I)-(VI), commits a felony of the first 2165 degree, which felony shall be known as “trafficking in 2166 fentanyl,” punishable as provided in s. 775.082, s. 775.083, or 2167 s. 775.084. 2168 b. If the quantity involved under sub-subparagraph a.: 2169 (I) Is 4 grams or more, but less than 14 grams, such person 2170 shall be sentenced to a mandatory minimum term of imprisonment 2171 of 3 years, and shall be ordered to pay a fine of $50,000. 2172 (II) Is 14 grams or more, but less than 28 grams, such 2173 person shall be sentenced to a mandatory minimum term of 2174 imprisonment of 15 years, and shall be ordered to pay a fine of 2175 $100,000. 2176 (III) Is 28 grams or more, such person shall be sentenced 2177 to a mandatory minimum term of imprisonment of 25 years, and 2178 shall be ordered to pay a fine of $500,000. 2179 5. A person who knowingly sells, purchases, manufactures, 2180 delivers, or brings into this state, or who is knowingly in 2181 actual or constructive possession of, 30 kilograms or more of 2182 any morphine, opium, oxycodone, hydrocodone, codeine, 2183 hydromorphone, or any salt, derivative, isomer, or salt of an 2184 isomer thereof, including heroin, as described in s. 2185 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or 2186 more of any mixture containing any such substance, commits the 2187 first degree felony of trafficking in illegal drugs. A person 2188 who has been convicted of the first degree felony of trafficking 2189 in illegal drugs under this subparagraph shall be punished by 2190 life imprisonment and is ineligible for any form of 2191 discretionary early release except pardon or executive clemency 2192 or conditional medical release under s. 947.149. However, if the 2193 court determines that, in addition to committing any act 2194 specified in this paragraph: 2195 a. The person intentionally killed an individual or 2196 counseled, commanded, induced, procured, or caused the 2197 intentional killing of an individual and such killing was the 2198 result; or 2199 b. The person’s conduct in committing that act led to a 2200 natural, though not inevitable, lethal result, such person 2201 commits the capital felony of trafficking in illegal drugs, 2202 punishable as provided in ss. 775.082 and 921.142. A person 2203 sentenced for a capital felony under this paragraph shall also 2204 be sentenced to pay the maximum fine provided under subparagraph 2205 1. 2206 6. A person who knowingly brings into this state 60 2207 kilograms or more of any morphine, opium, oxycodone, 2208 hydrocodone, codeine, hydromorphone, or any salt, derivative, 2209 isomer, or salt of an isomer thereof, including heroin, as 2210 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 2211 60 kilograms or more of any mixture containing any such 2212 substance, and who knows that the probable result of such 2213 importation would be the death of a person, commits capital 2214 importation of illegal drugs, a capital felony punishable as 2215 provided in ss. 775.082 and 921.142. A person sentenced for a 2216 capital felony under this paragraph shall also be sentenced to 2217 pay the maximum fine provided under subparagraph 1. 2218 Section 46. Effective upon this act becoming a law, section 2219 900.05, Florida Statutes, is amended to read: 2220 900.05 Criminal justice data collection.— 2221 (1) LEGISLATIVE FINDINGS AND INTENT.—It is the intent of 2222 the Legislature to create a model of uniform criminal justice 2223 data collection by requiring local and state criminal justice 2224 agencies to report complete, accurate, and timely data, and 2225 making such data available to the public. The Legislature finds 2226 that it is an important state interest to implement a uniform 2227 data collection process and promote criminal justice data 2228 transparency. 2229 (2) DEFINITIONS.—As used in this section, the term: 2230 (a) “Annual felony caseload” means the yearly caseload of 2231 each full-time state attorney and assistant state attorney,or2232 public defender and assistant public defender, or regional 2233 conflict counsel and assistant regional conflict counsel for 2234 cases assigned to the circuit criminal division, based on the 2235 number of felony cases reported to the Supreme Court under s. 2236 25.075. The term does not include the appellate caseload of a 2237 public defender,orassistant public defender, regional conflict 2238 counsel, or assistant regional conflict counsel. Cases reported 2239 pursuant to this term must be associated with a case number, and 2240 each case number must only be reported once regardless of the 2241 number of attorney assignments that occur during the course of 2242 litigation. The caseload shall be calculated on June 30 and 2243 reported once at the beginning of the reporting agency’s fiscal 2244 year. 2245 (b) “Annual felony conflict caseload” means the total 2246 number of felony cases the office of the public defender or 2247 office of regional conflict counsel has declined or withdrawn 2248 from in the previous calendar year due to lack of qualified 2249 counsel or due to excessive caseload. The caseload shall be 2250 calculated on June 30 and reported once at the beginning of the 2251 reporting agency’s fiscal year. 2252 (c)(b)“Annual misdemeanor caseload” means the yearly 2253 caseload of each full-time state attorney and assistant state 2254 attorney,orpublic defender and assistant public defender, or 2255 regional conflict counsel and assistant regional conflict 2256 counsel for cases assigned to the county criminal division, 2257 based on the number of misdemeanor cases reported to the Supreme 2258 Court under s. 25.075. The term does not include the appellate 2259 caseload of a public defender,orassistant public defender, 2260 regional conflict counsel, or assistant regional conflict 2261 counsel. Cases reported pursuant to this term must be associated 2262 with a case number, and each case number must only be reported 2263 once regardless of the number of attorney assignments that occur 2264 during the course of litigation. The caseload shall be 2265 calculated on June 30 and reported once at the beginning of the 2266 reporting agency’s fiscal year. 2267 (d) “Annual misdemeanor conflict caseload” means the total 2268 number of misdemeanor cases the office of the public defender or 2269 office of regional conflict counsel has declined or withdrawn 2270 from in the previous calendar year due to lack of qualified 2271 counsel or due to excessive caseload. The caseload shall be 2272 calculated on June 30 and reported once at the beginning of the 2273 reporting agency’s fiscal year. 2274 (e)(c)“Attorney assignment date” means the date a court 2275 appointed attorney is assigned to the case or, if privately 2276 retained, the date an attorney files a notice of appearance with 2277 the clerk of court. 2278 (f)(d)“Attorney withdrawal date” means the date the court 2279 removes court-appointed counsel from a case or, for a privately 2280 retained attorney, the date a motion to withdraw is granted by 2281 the court. 2282 (g)(e)“Case number” means the uniform caseidentification2283 number assigned by the clerk of court to a criminal case. 2284 (h)(f)“Case status” means whether a case is open, active, 2285 inactive, closed, reclosed, or reopened due to a violation of 2286 probation or community control. 2287 (i)(g)“Charge description” means the statement of the 2288 conduct that is alleged to have been violated, the associated 2289 statutory section establishing such conduct as criminal, and the 2290 misdemeanor or felony classification that is provided for in the 2291 statutory section alleged to have been violated. 2292 (j) “Charge disposition” means the final adjudication for 2293 each charged crime, including, but not limited to, dismissal by 2294 state attorney, dismissal by judge, acquittal, no contest plea, 2295 guilty plea, or guilty finding at trial. 2296 (k)(h)“Charge modifier” means an aggravating circumstance 2297 of an alleged crime that enhances or reclassifies a charge to a 2298 more serious misdemeanor or felony offense level. 2299 (l)(i)“Concurrent or consecutive sentence flag” means an 2300 indication that a defendant is serving another sentence 2301 concurrently or consecutively in addition to the sentence for 2302 which data is being reported. 2303 (m)(j)“Daily number of correctional officers” means the 2304 number of full-time, part-time, and auxiliary correctional 2305 officers who are actively providing supervision, protection, 2306 care, custody, and control of inmates in a county detention 2307 facility or state correctional institution or facility each day. 2308 (n)(k)“Defense attorney type” means whether the attorney 2309 is a public defender, regional conflict counsel, or other 2310 counsel court-appointed for the defendant; the attorney is 2311 privately retained by the defendant; or the defendant is 2312 represented pro se. 2313 (o)(l)“Deferred prosecution or pretrial diversion 2314 agreement date” means the date an agreementa contractis signed 2315 by the parties regarding a defendant’s admission into a deferred 2316 prosecution or pretrial diversion program. 2317 (p)(m)“Deferred prosecution or pretrial diversion hearing 2318 date” means each date that a hearing, including a status 2319 hearing, is held on a case that is in a deferred prosecution or 2320 pretrial diversion program, if applicable. 2321 (q)(n)“Disciplinary violation and action” means any 2322 conduct performed by an inmate in violation of the rules of a 2323 county detention facility or state correctional institution or 2324 facility that results in the initiation of disciplinary 2325 proceedings by the custodial entity and the consequences of such 2326 disciplinary proceedings. 2327 (r)(o)“Disposition date” means the date of final judgment, 2328 adjudication, adjudication withheld, dismissal, or nolle 2329 prosequi for the case and if different dates apply, the 2330 disposition dates of each charge. 2331 (s) “Disposition type” means the manner in which the charge 2332 was closed, including final judgment, adjudication, adjudication 2333 withheld, dismissal, or nolle prosequi. 2334 (t)(p)“Domestic violence flag” means an indication that a 2335 filed charge involves domestic violence as defined in s. 741.28. 2336 (u)(q)“Gang affiliation flag” means an indication that a 2337 defendant is involved in or associated with a criminal gang as 2338 defined in s. 874.03 at the time of the current offense. 2339 (v)(r)“Gain-time credit earned” means a credit of time 2340 awarded to an inmate in a county detention facility in 2341 accordance with s. 951.22 or a state correctional institution or 2342 facility in accordance with s. 944.275. 2343 (w)(s)“Habitual offender flag” means an indication that a 2344 defendant is a habitual felony offender as defined in s. 775.084 2345 or a habitual misdemeanor offender as defined in s. 775.0837. 2346 (x) “Habitual violent felony offender flag” means an 2347 indication that a defendant is a habitual violent felony 2348 offender as defined in s. 775.084. 2349(t)“Judicial transfer date” means a date on which a2350defendant’s case is transferred to another court or presiding2351judge.2352 (y)(u)“Number of contract attorneys representing indigent 2353 defendants for the office of the public defender” means the 2354 number of attorneys hired on a temporary basis, by contract, to 2355 represent indigent clients who were appointed a public defender, 2356 whereby the public defender withdraws from the case due to a 2357 conflict of interest. 2358 (z)(v)“Pretrial release violation flag” means an 2359 indication that the defendant has violated the terms of his or 2360 her pretrial release. 2361 (aa)(w)“Prior incarceration within the state” means any 2362 prior history of a defendant’s incarcerationdefendant being2363incarceratedin acounty detention facility orstate 2364 correctional institution or facility. 2365 (bb) “Prison releasee reoffender flag” means an indication 2366 that the defendant is a prison releasee reoffender as defined in 2367 s. 775.082 or any other statute. 2368 (dd)(x)“Tentative release date” means the anticipated date 2369 that an inmate will be released from incarceration after the 2370 application of adjustments for any gain-time earned or credit 2371 for time served. 2372 (cc)(y)“Sexual offender flag” means an indication that a 2373 defendant wasisrequired to register as a sexual predator as 2374 defined in s. 775.21 or as a sexual offender as defined in s. 2375 943.0435. 2376 (ee) “Three-time violent felony offender flag” means an 2377 indication that the defendant is a three-time violent felony 2378 offender as defined in s. 775.084 or any other statute. 2379 (ff) “Violent career criminal flag” means an indication 2380 that the defendant is a violent career criminal as defined in s. 2381 775.084 or any other statute. 2382 (3) DATA COLLECTION AND REPORTING.—Beginning January 1,23832019,An entity required to collect data in accordance with this 2384 subsection shall collect the specified data andrequired of the2385entity on a biweekly basis. Each entity shallreport themthe2386datacollectedin accordance with this subsection to the 2387 Department of Law Enforcement on a monthly basis. 2388 (a) Clerk of the court.—Each clerk of court shall collect 2389 the following data for each criminal case: 2390 1. Case number. 2391 2. Date that the alleged offense occurred. 23923.County in which the offense is alleged to have occurred.2393 3.4.Date the defendant is taken into physical custody by a 2394 law enforcement agency or is issued a notice to appear on a 2395 criminal charge, if such date is different from the date the2396offense is alleged to have occurred. 2397 4. Whether the case originated by notice to appear. 2398 5. Date that the criminal prosecution of a defendant is 2399 formally initiatedthrough the filing, with the clerk of the2400court, of an information by the state attorney or an indictment2401issued by a grand jury. 2402 6. Arraignment date. 2403 7. Attorney appointmentassignmentdate. 2404 8. Attorney withdrawal date. 2405 9. Case status. 2406 10. Charge disposition. 2407 11.10.Disposition date and disposition type. 2408 12.11.Information related to each defendant, including: 2409 a. Identifying information, including name, known aliases, 2410 date of birth,age,race,orethnicity, and gender. 2411 b. Zip code of last known addressprimary residence. 2412 c. Primary language. 2413 d. Citizenship. 2414 e. Immigration status, if applicable. 2415 f. Whether the defendant has been foundby a courtto be 2416 indigent underpursuant tos. 27.52. 2417 13.12.Information related to theformalcharges filed 2418 against the defendant, including: 2419 a. Charge description. 2420 b. Charge modifier description and statute, if applicable. 2421 c. Drug type for each drug charge, if known. 2422 d. Qualification for a flag designation as defined in this 2423 section, including a domestic violence flag, gang affiliation 2424 flag, sexual offender flag, habitual offender flag, habitual 2425 violent felony offender flag,orpretrial release violation 2426 flag, prison releasee reoffender flag, three-time violent felony 2427 offender flag, or violent career criminal flag. 2428 14.13.Information related to bail or bond and pretrial 2429 release determinations, including the dates of any such 2430 determinations: 2431 a. Pretrial release determination made at a first 2432 appearance hearing that occurs within 24 hours of arrest, 2433 including anyallmonetary and nonmonetary conditions of 2434 release. 2435 b. Modification of bail or bond conditions made by a court 2436 having jurisdiction to try the defendant or, in the absence of 2437 the judge of the trial court, by the circuit court, including 2438 modifications to any monetary and nonmonetary conditions of 2439 release. 2440 c. Cash bail or bond payment, including whether the 2441 defendant utilized a bond agent to post a surety bond. 2442 d. Date defendant is released on bail, bond, or pretrial 2443 release for the current case. 2444 e. Bail or bond revocation due to a new offense, a failure 2445 to appear, or a violation of the terms of bail or bond, if 2446 applicable. 2447 15.14.Information related to court dates and dates of 2448 motions and appearances, including: 2449 a. Date of any court appearance and the type of proceeding 2450 scheduled for each date reported. 2451 b. Date of any failure to appear in court, if applicable. 2452 c. Deferred prosecution or pretrial diversion hearing, if 2453 applicableJudicial transfer date, if applicable. 2454 d. Each scheduled trial date. 2455 e. Date that a defendant files a notice to participate in 2456 discovery. 2457 f. Speedy trial motion date and each hearing datedates, if 2458 applicable. 2459 g. Dismissal motion date and each hearing datedates, if 2460 applicable. 2461 16.15.Defense attorney type. 2462 17.16.Information related to sentencing, including: 2463 a. Date that a court enters a sentence against a defendant. 2464 b. Charge sentenced to, including charge sequence number, 2465 and charge description, statute, type, and charge class2466severity. 2467 c. Sentence type and length imposed by the court in the 2468 current case, reported in years, months, and days, including, 2469 but not limited to, the total duration of incarceration 2470imprisonmentin a county detention facility or state 2471 correctional institution or facility, and conditions of 2472 probation or community control supervision. 2473 d. Amount of time served in custody by the defendant 2474 related to each chargethe reported criminal casethat is 2475 credited at the time of disposition of the chargecaseto reduce 2476 the imposedactuallength of time the defendant will serve on 2477 the term of incarcerationimprisonmentthat is ordered by the 2478 court at disposition. 2479 e. Total amount of court costsfeesimposed by the court at 2480 the disposition of the case. 2481f.Outstanding balance of the defendant’s court fees2482imposed by the court at disposition of the case.2483 f.g.Total amount of fines imposed by the court at the 2484 disposition of the case. 2485h.Outstanding balance of the defendant’s fines imposed by2486the court at disposition of the case.2487 g.i.Restitution amount ordered at sentencing, including2488the amount collected by the court and the amount paid to the2489victim, if applicable. 2490j.Digitized sentencing scoresheet prepared in accordance2491with s. 921.0024.2492 18.17.The sentencing judge or magistrate, or their 2493 equivalentnumber of judges or magistrates, or their2494equivalents, hearing cases in circuit or county criminal2495divisions of the circuit court. Judges or magistrates, or their2496equivalents, who solely hear appellate cases from the county2497criminal division are not to be reported under this2498subparagraph. 2499 (b) State attorney.—Each state attorney shall collect the 2500 following data: 2501 1. Information related to a human victim of a criminal 2502 offense, including: 2503 a. Identifying information of the victim, including race, 2504orethnicity, gender, and age at the time of the offense. 2505 b. Relationship to the offender, if any. 2506 2. Number of full-time prosecutors. 2507 3. Number of part-time prosecutors. 2508 4. Annual felony caseload. 2509 5. Annual misdemeanor caseload. 2510 6. Disposition of each referred charge, such as filed, 2511 declined, or divertedAny charge referred to the state attorney2512by a law enforcement agency related to an episode of criminal2513activity. 2514 7. Number of cases in which a no-information was filed. 2515 8. Information related to each defendant, including: 2516 a. Each charge referred to the state attorney by a law 2517 enforcement agency or sworn complainant related to an episode of 2518 criminal activity. 2519 b. Case number, name, and date of birth. 2520 c.b.Drug type for each drug charge, if applicable. 2521 d. Deferred prosecution or pretrial diversion agreement 2522 date, if applicable. 2523 (c) Public defender.—Each public defender shall collect the 2524 following datafor each criminal case: 2525 1. Number of full-time public defenders. 2526 2. Number of part-time public defenders. 2527 3. Number of contract attorneys representing indigent 2528 defendants for the office of the public defender. 2529 4. Annual felony caseload. 2530 5. Annual felony conflict caseload. 2531 6.5.Annual misdemeanor caseload. 2532 7. Annual misdemeanor conflict caseload. 2533 (d) County detention facility.—The administrator of each 2534 county detention facility shall collect the following data: 2535 1. Maximum capacity for the county detention facility. 2536 2. Weekly admissions to the county detention facility for a 2537 revocation of probation or community control. 2538 3. Weekly admissions to the county detention facility for a 2539 revocation of pretrial release. 2540 4.3.Daily population of the county detention facility, 2541 including the specific number of inmates in the custody of the 2542 county that: 2543 a. Are awaiting case disposition. 2544 b. Have been sentenced by a court to a term of 2545 incarcerationimprisonmentin the county detention facility. 2546 c. Have been sentenced by a court to a term of imprisonment 2547 with the Department of Corrections and who are awaiting 2548 transportation to the department. 2549 d. Have a federal detainer,orare awaiting disposition of 2550 a case in federal court, or are awaiting other federal 2551 disposition. 2552 5.4.Information related to each inmate, including: 2553 a. Identifying information, including name, date of birth, 2554 race, ethnicity, gender, case number, and identification number 2555 assigned by the county detention facility. 2556 b.a.Date when an inmatea defendantis processed and 2557 booked into the county detention facility subsequent to an 2558 arrest for a new violation of law,orfor a violation of 2559 probation or community control, or for a violation of pretrial 2560 release. 2561 c.b.Reason why an inmatea defendantis processed and 2562 booked into the county detention facility, includingif it is2563fora new law violation,ora violation of probation or 2564 community control, or a violation of pretrial release. 2565 d.c.Qualification for a flag designation as defined in 2566 this section, including domestic violence flag, gang affiliation 2567 flag, habitual offender flag, habitual violent felony offender 2568 flag, pretrial release violation flag,orsexual offender flag, 2569 prison releasee reoffender flag, three-time violent felony 2570 offender flag, or violent career criminal flag. 2571 6.5.Total population of the county detention facility at 2572 year-end. This data must include the same specified 2573 classifications as subparagraph 3. 2574 7.6.Per diem rate for a county detention facility bed. 2575 8.7.Daily number of correctional officers for the county 2576 detention facility. 2577 9.8.Annual county detention facility budget. This 2578 information only needs to be reported once annually at the 2579 beginning of the county’s fiscal year. 2580 10.9.Annual revenue generated for the county from the 2581 temporary incarceration of federal defendants or inmates. 2582 (e) Department of Corrections.—The Department of 2583 Corrections shall collect the following data: 2584 1. Information related to each inmate, including: 2585 a. Identifying information, including name, date of birth, 2586 race,orethnicity, gender, case number, and identification 2587 number assigned by the department. 2588 b.Number of children.2589c.Highest education level, including any vocational2590training. 2591 c.d.Date the inmate was admitted to the custody of the 2592 department for his or her current incarceration. 2593 d.e.Current institution placement and the security level 2594 assigned to the institution. 2595 e.f.Custody level assignment. 2596 f.g.Qualification for a flag designation as defined in 2597 this section, including sexual offender flag, habitual offender 2598 flag, habitual violent felony offender flag, prison releasee 2599 reoffender flag, three-time violent felony offender flag, 2600 violent career criminal flag, gang affiliation flag, or 2601 concurrent or consecutive sentence flag. 2602 g.h.County that committed the prisoner to the custody of 2603 the department. 2604 h.i.Whether the reason for admission to the department is 2605 for a new conviction or a violation of probation, community 2606 control, or parole. For an admission for a probation, community 2607 control, or parole violation, the department shall report 2608 whether the violation was technical or based on a new violation 2609 of law. 2610 i.j.Specific statutory citation for which the inmate was 2611 committed to the department, including, for an inmate convicted 2612 of drug trafficking under s. 893.135, the statutory citation for 2613 each specific drug trafficked. 2614 j. Length of sentence served. 2615 k. Length ofsentence orconcurrent or consecutive 2616 sentences served. 2617 l. Tentative release date. 2618 m. Gain time earned in accordance with s. 944.275. 2619 n. Prior incarceration within the state. 2620 o. Disciplinary violation and action. 2621 p. Participation in rehabilitative or educational programs 2622 while in the custody of the department. 2623 q. Digitized sentencing scoresheet prepared in accordance 2624 with s. 921.0024. 2625 2. Information about each state correctional institution or 2626 facility, including: 2627 a. Budget for each state correctional institution or 2628 facility. 2629 b. Daily prison population of all inmates incarcerated in a 2630 state correctional institution or facility. 2631 c. Daily number of correctional officers for each state 2632 correctional institution or facility. 2633 3. Information related to persons supervised by the 2634 department on probation or community control, including: 2635 a. Identifying information for each person supervised by 2636 the department on probation or community control, including his 2637 or her name, date of birth, race,orethnicity, gender, case 2638 numbersex, and department-assigned case number. 2639 b. Length of probation or community control sentence 2640 imposed and amount of time that has been served on such 2641 sentence. 2642 c. Projected termination date for probation or community 2643 control. 2644 d. Revocation of probation or community control due to a 2645 violation, including whether the revocation is due to a 2646 technical violation of the conditions of supervision or from the 2647 commission of a new law violation. 2648 4. Per diem rates for: 2649 a. Prison bed. 2650 b. Probation. 2651 c. Community control. 2652 2653 This information only needs to be reported once annually at the 2654 time the most recent per diem rate is published. 2655 (f) Justice Administrative Commission.—The Justice 2656 Administrative Commission shall collect the following data: 2657 1. Number of private registry attorneys representing 2658 indigent adult defendants. 2659 2. Annual felony caseload assigned to private registry 2660 contract attorneys. 2661 3. Annual misdemeanor caseload assigned to private registry 2662 contract attorneys. 2663 (g) Criminal regional conflict counsel.—Each office of 2664 criminal regional conflict counsel shall report the following 2665 data: 2666 1. Number of full-time assistant regional conflict counsel 2667 handling criminal cases. 2668 2. Number of part-time assistant regional conflict counsel 2669 handling criminal cases. 2670 3. Number of contract attorneys representing indigent adult 2671 defendants. 2672 4. Annual felony caseload. 2673 5. Annual felony caseload assigned to contract attorneys. 2674 6. Annual felony conflict caseload. 2675 7. Annual misdemeanor caseload. 2676 8. Annual misdemeanor caseload assigned to contract 2677 attorneys. 2678 9. Annual misdemeanor conflict caseload. 2679 (4) DATA PUBLICLY AVAILABLE.—Beginning January 1, 2019,The 2680 Department of Law Enforcement shall publish datasets in its 2681 possession in a modern, open, electronic format that is machine 2682 readable and readily accessible by the public on the 2683 department’s website. The published data must be searchable, at 2684 a minimum, byeachdata elementselement, county, circuit, and 2685 unique identifier. Beginning March 1, 2019, the department shall 2686 publishbegin publishingthe data received under subsection (3) 2687(2)in the same modern, open, electronic format that is machine 2688 readable and readily accessible to the public on the 2689 department’s website. The department shall publish all data 2690 received under subsection (3)(2)no later than January 1, 2020, 2691 and monthly thereafterJuly 1, 2019. 2692 (5) NONCOMPLIANCE.—Notwithstanding any otherprovision of2693 law, an entity required to collect and transmit data under 2694 subsection (3)paragraph (3)(a) or paragraph (3)(d)which does 2695 not comply with the requirements of this section is ineligible 2696 to receive funding from the General Appropriations Act, any 2697 state grant program administered by the Department of Law 2698 Enforcement, or any other state agency for 5 years after the 2699 date of noncompliance. 2700 (6) CONFIDENTIALITY.—Information collected by any reporting 2701 agency which is confidential and exempt upon collection remains 2702 confidential and exempt when reported to the Department of Law 2703 Enforcement under this section. 2704 Section 47. Section 943.0578, Florida Statutes, is created 2705 to read: 2706 943.0578 Lawful self-defense expunction.— 2707 (1) Notwithstanding the eligibility requirements defined in 2708 s. 943.0585(1) and (2), the department shall issue a certificate 2709 of eligibility for expunction under this section to a person who 2710 is the subject of a criminal history record if that person has 2711 obtained, and submitted to the department, on a form provided by 2712 the department, a written, certified statement from the 2713 appropriate state attorney or statewide prosecutor which states 2714 whether an information, indictment, or other charging document 2715 was not filed or was dismissed by the state attorney, or 2716 dismissed by the court, because it was found that the person 2717 acted in lawful self-defense pursuant to chapter 776. 2718 (2) Each petition to expunge a criminal history record 2719 pursuant to this section must be accompanied by: 2720 (a) A valid certificate of eligibility for expunction 2721 issued by the department pursuant to this section; and 2722 (b) The petitioner’s sworn statement attesting that the 2723 petitioner is eligible for such an expunction to the best of his 2724 or her knowledge or belief. 2725 2726 Any person who knowingly provides false information on such 2727 sworn statement to the court commits a felony of the third 2728 degree, punishable as provided in s. 775.082, s. 775.083, or s. 2729 775.084. 2730 (3) This section does not confer any right to the 2731 expunction of a criminal history record, and any request for 2732 expunction of a criminal history record may be denied at the 2733 discretion of the court. 2734 (4) Sections 943.0585(5) and (6) apply to an expunction 2735 ordered under this section. 2736 (5) The department shall adopt rules to establish 2737 procedures for applying for and issuing a certificate of 2738 eligibility for expunction under this section. 2739 Section 48. Section 943.0581, Florida Statutes, is amended 2740 to read: 2741 943.0581 Administrative expunction for arrests made 2742 contrary to law or by mistake.— 2743 (1) Notwithstanding any law dealing generally with the 2744 preservation and destruction of public records, the department 2745 may adopt a rule pursuant to chapter 120 for the administrative 2746 expunction of any nonjudicial record of an arrest of a minor or 2747 an adult made contrary to law or by mistake. 2748 (2) A law enforcement agency shall apply to the department 2749 in the manner prescribed by rule for the administrative 2750 expunction of any nonjudicial record of any arrest of a minor or 2751 an adult who is subsequently determined by the agency, at its 2752 discretion, or by the final order of a court of competent 2753 jurisdiction, to have been arrested contrary to law or by 2754 mistake. 2755 (3) An adult or, in the case of a minor child, the parent 2756 or legal guardian of the minor child, may apply to the 2757 department in the manner prescribed by rule for the 2758 administrative expunction of any nonjudicial record of an arrest 2759 alleged to have been made contrary to law or by mistake, 2760 provided that the application is supported by the endorsement of 2761 the head of the arresting agency or his or her designee or the 2762 state attorney of the judicial circuit in which the arrest 2763 occurred or his or her designee. 2764 (4) An application for administrative expunction shall 2765 include the date and time of the arrest, the name of the person 2766 arrested, the offender-based tracking system (OBTS) number, and 2767 the crime or crimes charged. The application shall be on the 2768 submitting agency’s letterhead and shall be signed by the head 2769 of the submitting agency or his or her designee. 2770 (5) If the person was arrested on a warrant, capias, or 2771 pickup order, a request for an administrative expunction may be 2772 made by the sheriff of the county in which the warrant, capias, 2773 or pickup order was issued or his or her designee or by the 2774 state attorney of the judicial circuit in which the warrant, 2775 capias, or pickup order was issued or his or her designee. 2776 (6) An application or endorsement under this section is not 2777 admissible as evidence in any judicial or administrative 2778 proceeding and may not be construed in any way as an admission 2779 of liability in connection with an arrest. 2780 Section 49. Section 943.0584, Florida Statutes, is created 2781 to read: 2782 943.0584 Criminal history records ineligible for court 2783 ordered expunction or court-ordered sealing.— 2784 (1) As used in this section, the term “conviction” means a 2785 determination of guilt which is the result of a trial or the 2786 entry of a plea of guilty or nolo contendere, regardless of 2787 whether adjudication is withheld, or if the defendant was a 2788 minor, a finding that the defendant committed or pled guilty or 2789 nolo contendere to committing a delinquent act, regardless of 2790 whether adjudication of delinquency is withheld. 2791 (2) A criminal history record is ineligible for a 2792 certificate of eligibility for expunction or a court-ordered 2793 expunction pursuant to s. 943.0585 or a certificate of 2794 eligibility for sealing or a court-ordered sealing pursuant to 2795 s. 943.059 if the record is a conviction for any of the 2796 following offenses: 2797 (a) Sexual misconduct, as defined in s. 393.135, s. 2798 394.4593, or s. 916.1075; 2799 (b) Illegal use of explosives, as defined in chapter 552; 2800 (c) Terrorism, as defined in s. 775.30; 2801 (d) Murder, as defined in s. 782.04, s. 782.065, or s. 2802 782.09; 2803 (e) Manslaughter or homicide, as defined in s. 782.07, s. 2804 782.071, or s. 782.072; 2805 (f) Assault or battery, as defined in ss. 784.011 and 2806 784.03, respectively, of one family or household member by 2807 another family or household member, as defined in s. 741.28(3); 2808 (g) Aggravated assault, as defined in s. 784.021; 2809 (h) Felony battery, domestic battery by strangulation, or 2810 aggravated battery, as defined in s. 784.03, s. 784.041, and s. 2811 784.045, respectively; 2812 (i) Stalking or aggravated stalking, as defined in s. 2813 784.048; 2814 (j) Luring or enticing a child, as defined in s. 787.025; 2815 (k) Human trafficking, as defined in s. 787.06; 2816 (l) Kidnapping or false imprisonment, as defined in s. 2817 787.01 or s. 787.02; 2818 (m) Any offense defined in chapter 794; 2819 (n) Procuring a person less than 18 years of age for 2820 prostitution, as defined in former s. 796.03; 2821 (o) Lewd or lascivious offenses committed upon or in the 2822 presence of persons less than 16 years of age, as defined in s. 2823 800.04; 2824 (p) Arson, as defined in s. 806.01; 2825 (q) Burglary of a dwelling, as defined in s. 810.02; 2826 (r) Voyeurism or video voyeurism, as defined in s. 810.14 2827 and s. 810.145, respectively; 2828 (s) Robbery or robbery by sudden snatching, as defined in 2829 s. 812.13 and s. 812.131, respectively; 2830 (t) Carjacking, as defined in s. 812.133; 2831 (u) Home-invasion robbery, as defined in s. 812.135; 2832 (v) A violation of the Florida Communications Fraud Act, as 2833 provided in s. 817.034; 2834 (w) Abuse of an elderly person or disabled adult, or 2835 aggravated abuse of an elderly person or disabled adult, as 2836 defined in s. 825.102; 2837 (x) Lewd or lascivious offenses committed upon or in the 2838 presence of an elderly person or disabled person, as defined in 2839 s. 825.1025; 2840 (y) Child abuse or aggravated child abuse, as defined in s. 2841 827.03; 2842 (z) Sexual performance by a child, as defined in s. 2843 827.071; 2844 (aa) Any offense defined in chapter 839; 2845 (bb) Certain acts in connection with obscenity, as defined 2846 in s. 847.0133; 2847 (cc) Any offense defined in s. 847.0135; 2848 (dd) Selling or buying of minors, as defined in s. 2849 847.0145; 2850 (ee) Aircraft piracy, as defined in s. 860.16; 2851 (ff) Manufacturing a controlled substance in violation of 2852 chapter 893; 2853 (gg) Drug trafficking, as defined in s. 893.135; or 2854 (hh) Any violation specified as a predicate offense for 2855 registration as a sexual predator pursuant to s. 775.21, or 2856 sexual offender pursuant to s. 943.0435, without regard to 2857 whether that offense alone is sufficient to require such 2858 registration. 2859 Section 50. Section 943.0585, Florida Statutes, is amended 2860 to read: 2861 (Substantial rewording of section. See 2862 s. 943.0585, F.S., for present text.) 2863 943.0585 Court-ordered expunction of criminal history 2864 records.— 2865 (1) ELIGIBILITY.—A person is eligible to petition a court 2866 to expunge a criminal history record if: 2867 (a) An indictment, information, or other charging document 2868 was not filed or issued in the case giving rise to the criminal 2869 history record. 2870 (b) An indictment, information, or other charging document 2871 was filed or issued in the case giving rise to the criminal 2872 history record, was dismissed or nolle prosequi by the state 2873 attorney or statewide prosecutor, or was dismissed by a court of 2874 competent jurisdiction or a judgment of acquittal was rendered 2875 by a judge, or a verdict of not guilty was rendered by a judge 2876 or jury. 2877 (c) The person is not seeking to expunge a criminal history 2878 record that is ineligible for court-ordered expunction under s. 2879 943.0584. 2880 (d) The person has never, as of the date the application 2881 for a certificate of expunction is filed, been adjudicated 2882 guilty in this state of a criminal offense or been adjudicated 2883 delinquent in this state for committing any felony or any of the 2884 following misdemeanors, unless the record of such adjudication 2885 of delinquency has been expunged pursuant to s. 943.0515: 2886 1. Assault, as defined in s. 784.011; 2887 2. Battery, as defined in s. 784.03; 2888 3. Assault on a law enforcement officer, a firefighter, or 2889 other specified officers, as defined in s. 784.07(2)(a); 2890 4. Carrying a concealed weapon, as defined in s. 790.01(1); 2891 5. Open carrying of a weapon, as defined in s. 790.053; 2892 6. Unlawful possession or discharge of a weapon or firearm 2893 at a school-sponsored event or on school property, as defined in 2894 s. 790.115; 2895 7. Unlawful use of destructive devices or bombs, as defined 2896 in s. 790.1615(1); 2897 8. Unlawful possession of a firearm, as defined in s. 2898 790.22(5); 2899 9. Exposure of sexual organs, as defined in s. 800.03; 2900 10. Arson, as defined in s. 806.031(1); 2901 11. Petit theft, as defined in s. 812.014(3); 2902 12. Neglect of a child, as defined in s. 827.03(1)(e); or 2903 13. Cruelty to animals, as defined in s. 828.12(1). 2904 (e) The person has not been adjudicated guilty of, or 2905 adjudicated delinquent for committing, any of the acts stemming 2906 from the arrest or alleged criminal activity to which the 2907 petition pertains. 2908 (f) The person is no longer under court supervision 2909 applicable to the disposition of arrest or alleged criminal 2910 activity to which the petition to expunge pertains. 2911 (g) The person has never secured a prior sealing or 2912 expunction of a criminal history record under this section, s. 2913 943.059, former s. 893.14, former s. 901.33, or former s. 2914 943.058, unless expunction is sought of a criminal history 2915 record previously sealed for 10 years pursuant to paragraph (h) 2916 and the record is otherwise eligible for expunction. 2917 (h) The person has previously obtained a court-ordered 2918 sealing the criminal history record under s. 943.059, former s. 2919 893.14, former s. 901.33, or former s. 943.058 for a minimum of 2920 10 years because adjudication was withheld or because all 2921 charges related to the arrest or alleged criminal activity to 2922 which the petition to expunge pertains were not dismissed before 2923 trial, without regard to whether the outcome of the trial was 2924 other than an adjudication of guilt. The requirement for the 2925 record to have previously been sealed for a minimum of 10 years 2926 does not apply if a plea was not entered or all charges related 2927 to the arrest or alleged criminal activity to which the petition 2928 to expunge pertains were dismissed before trial or a judgment of 2929 acquittal was rendered by a judge or a verdict of not guilty was 2930 rendered by a judge or jury. 2931 (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court 2932 to expunge a criminal history record, a person seeking to 2933 expunge a criminal history record must apply to the department 2934 for a certificate of eligibility for expunction. The department 2935 shall adopt rules to establish procedures for applying for and 2936 issuing a certificate of eligibility for expunction. 2937 (a) The department shall issue a certificate of eligibility 2938 for expunction to a person who is the subject of a criminal 2939 history record if that person: 2940 1. Satisfies the eligibility criteria in paragraphs (1)(a) 2941 (h) and is not ineligible under s. 943.0584. 2942 2. Has submitted to the department a written certified 2943 statement from the appropriate state attorney or statewide 2944 prosecutor which confirms the criminal history record complies 2945 with the criteria in paragraph (1)(a) or paragraphs (1)(b) and 2946 (c). 2947 3. Has submitted to the department a certified copy of the 2948 disposition of the charge to which the petition to expunge 2949 pertains. 2950 4. Remits a $75 processing fee to the department for 2951 placement in the Department of Law Enforcement Operating Trust 2952 Fund, unless the executive director waives such fee. 2953 (b) A certificate of eligibility for expunction is valid 2954 for 12 months after the date stamped on the certificate when 2955 issued by the department. After that time, the petitioner must 2956 reapply to the department for a new certificate of eligibility. 2957 The petitioner’s status and the law in effect at the time of the 2958 renewal application determine the petitioner’s eligibility. 2959 (3) PETITION.—Each petition to expunge a criminal history 2960 record must be accompanied by: 2961 (a) A valid certificate of eligibility issued by the 2962 department. 2963 (b) The petitioner’s sworn statement that he or she: 2964 1. Satisfies the eligibility requirements for expunction in 2965 subsection (1). 2966 2. Is eligible for expunction to the best of his or her 2967 knowledge and does not have any other petition to seal or 2968 expunge a criminal history record pending before any court. 2969 2970 A person who knowingly provides false information on such sworn 2971 statement commits a felony of the third degree, punishable as 2972 provided in s. 775.082, s. 775.083, or s. 775.084. 2973 (4) COURT AUTHORITY.— 2974 (a) The courts of this state have jurisdiction over their 2975 own procedures, including the maintenance, expunction, and 2976 correction of judicial records containing criminal history 2977 information to the extent that such procedures are not 2978 inconsistent with the conditions, responsibilities, and duties 2979 established by this section. 2980 (b) A court of competent jurisdiction may order a criminal 2981 justice agency to expunge the criminal history record of a minor 2982 or an adult who complies with the requirements of this section. 2983 The court may not order a criminal justice agency to expunge a 2984 criminal history record until the person seeking to expunge a 2985 criminal history record has applied for and received a 2986 certificate of eligibility under subsection (2). 2987 (c) The court may order expunction of a criminal history 2988 record pertaining to one arrest or one incident of alleged 2989 criminal activity only, except that the court may order the 2990 expunction of a criminal history record pertaining to more than 2991 one arrest if the additional arrests directly relate to the 2992 original arrest. If the court intends to order the expunction of 2993 records pertaining to such additional arrests, such intent must 2994 be specified in the order. A criminal justice agency may not 2995 expunge any record pertaining to such additional arrests if the 2996 order to expunge does not articulate the intention of the court 2997 to expunge a record pertaining to more than one arrest. This 2998 section does not prevent the court from ordering the expunction 2999 of only a portion of a criminal history record pertaining to one 3000 arrest or one incident of alleged criminal activity. 3001 (d) Notwithstanding any law to the contrary, a criminal 3002 justice agency may comply with laws, court orders, and official 3003 requests of other jurisdictions relating to expunction, 3004 correction, or confidential handling of criminal history records 3005 or information derived therefrom. 3006 (e) This section does not confer any right to expunction of 3007 any criminal history record, and any request for expunction of a 3008 criminal history record may be denied at the sole discretion of 3009 the court. 3010 (5) PROCESSING OF A PETITION OR AN ORDER.— 3011 (a) In judicial proceedings under this section, a copy of 3012 the completed petition to expunge shall be served upon the 3013 appropriate state attorney or the statewide prosecutor and upon 3014 the arresting agency; however, it is not necessary to make any 3015 agency other than the state a party. The appropriate state 3016 attorney or the statewide prosecutor and the arresting agency 3017 may respond to the court regarding the completed petition to 3018 expunge. 3019 (b) If relief is granted by the court, the clerk of the 3020 court shall certify copies of the order to the appropriate state 3021 attorney or the statewide prosecutor and the arresting agency. 3022 The arresting agency shall forward the order to any other agency 3023 to which the arresting agency disseminated the criminal history 3024 record information to which the order pertains. The department 3025 shall forward the order to expunge to the Federal Bureau of 3026 Investigation. The clerk of the court shall certify a copy of 3027 the order to any other agency which the records of the court 3028 reflect has received the criminal history record from the court. 3029 (c) The department or any other criminal justice agency is 3030 not required to act on an order to expunge entered by a court 3031 when such order does not comply with the requirements of this 3032 section. Upon receipt of such an order, the department must 3033 notify the issuing court, the appropriate state attorney or 3034 statewide prosecutor, the petitioner or the petitioner’s 3035 attorney, and the arresting agency of the reason for 3036 noncompliance. The appropriate state attorney or statewide 3037 prosecutor shall take action within 60 days to correct the 3038 record and petition the court to void the order. No cause of 3039 action, including contempt of court, shall arise against any 3040 criminal justice agency for failure to comply with an order to 3041 expunge when the petitioner for such order failed to obtain the 3042 certificate of eligibility as required by this section or such 3043 order does not otherwise comply with the requirements of this 3044 section. 3045 (6) EFFECT OF EXPUNCTION ORDER.— 3046 (a) Any criminal history record of a minor or an adult 3047 which is ordered expunged by a court of competent jurisdiction 3048 pursuant to this section must be physically destroyed or 3049 obliterated by any criminal justice agency having custody of 3050 such record, except that any criminal history record in the 3051 custody of the department must be retained in all cases. A 3052 criminal history record ordered expunged which is retained by 3053 the department is confidential and exempt from s. 119.07(1) and 3054 s. 24(a), Art. I of the State Constitution and not available to 3055 any person or entity except upon order of a court of competent 3056 jurisdiction. A criminal justice agency may retain a notation 3057 indicating compliance with an order to expunge. 3058 (b) The person who is the subject of a criminal history 3059 record that is expunged under this section or under other 3060 provisions of law, including former s. 893.14, former s. 901.33, 3061 and former s. 943.058, may lawfully deny or fail to acknowledge 3062 the arrests covered by the expunged record, except when the 3063 subject of the record: 3064 1. Is a candidate for employment with a criminal justice 3065 agency; 3066 2. Is a defendant in a criminal prosecution; 3067 3. Concurrently or subsequently petitions for relief under 3068 this section, s. 943.0583, or s. 943.059; 3069 4. Is a candidate for admission to The Florida Bar; 3070 5. Is seeking to be employed or licensed by or to contract 3071 with the Department of Children and Families, the Division of 3072 Vocational Rehabilitation within the Department of Education, 3073 the Agency for Health Care Administration, the Agency for 3074 Persons with Disabilities, the Department of Health, the 3075 Department of Elderly Affairs, or the Department of Juvenile 3076 Justice or to be employed or used by such contractor or licensee 3077 in a sensitive position having direct contact with children, the 3078 disabled, or the elderly; 3079 6. Is seeking to be employed or licensed by the Department 3080 of Education, any district school board, any university 3081 laboratory school, any charter school, any private or parochial 3082 school, or any local governmental entity that licenses child 3083 care facilities; 3084 7. Is seeking to be licensed by the Division of Insurance 3085 Agent and Agency Services within the Department of Financial 3086 Services; or 3087 8. Is seeking to be appointed as a guardian pursuant to s. 3088 744.3125. 3089 (c) Subject to the exceptions in paragraph (b), a person 3090 who has been granted an expunction under this section, former s. 3091 893.14, former s. 901.33, or former s. 943.058 may not be held 3092 under any provision of law of this state to commit perjury or to 3093 be otherwise liable for giving a false statement by reason of 3094 such person’s failure to recite or acknowledge an expunged 3095 criminal history record. 3096 (d) Information relating to the existence of an expunged 3097 criminal history record which is provided in accordance with 3098 paragraph (a) is confidential and exempt from s. 119.07(1) and 3099 s. 24(a), Art. I of the State Constitution, except that the 3100 department shall disclose the existence of a criminal history 3101 record ordered expunged to the entities set forth in 3102 subparagraphs (b)1., 4., 5., 6., 7., and 8. for their respective 3103 licensing, access authorization, and employment purposes and to 3104 criminal justice agencies for their respective criminal justice 3105 purposes. It is unlawful for any employee of an entity set forth 3106 in subparagraph (b)1., 4., 5., 6., 7., or 8. to disclose 3107 information relating to the existence of an expunged criminal 3108 history record of a person seeking employment, access 3109 authorization, or licensure with such entity or contractor, 3110 except to the person to whom the criminal history record relates 3111 or to persons having direct responsibility for employment, 3112 access authorization, or licensure decisions. A person who 3113 violates this paragraph commits a misdemeanor of the first 3114 degree, punishable as provided in s. 775.082 or s. 775.083. 3115 Section 51. Section 943.059, Florida Statutes, is amended 3116 to read: 3117 (Substantial rewording of section. See 3118 s. 943.059, F.S., for present text.) 3119 943.059 Court-ordered sealing of criminal history records.— 3120 (1) ELIGIBILITY.—A person is eligible to petition a court 3121 to seal a criminal history record when: 3122 (a) The criminal history record is not ineligible for 3123 court-ordered sealing under s. 943.0584. 3124 (b) The person has never, before the date the application 3125 for a certificate of eligibility is filed, been adjudicated 3126 guilty in this state of a criminal offense, or been adjudicated 3127 delinquent in this state for committing any felony or any of the 3128 following misdemeanor offenses, unless the record of such 3129 adjudication of delinquency has been expunged pursuant to s. 3130 943.0515: 3131 1. Assault, as defined in s. 784.011; 3132 2. Battery, as defined in s. 784.03; 3133 3. Assault on a law enforcement officer, a firefighter, or 3134 other specified officers, as defined in s. 784.07(2)(a); 3135 4. Carrying a concealed weapon, as defined in s. 790.01(1); 3136 5. Open carrying of a weapon, as defined in s. 790.053; 3137 6. Unlawful possession or discharge of a weapon or firearm 3138 at a school-sponsored event or on school property, as defined in 3139 s. 790.115; 3140 7. Unlawful use of destructive devices or bombs, as defined 3141 in s. 790.1615(1); 3142 8. Unlawful possession of a firearm by a minor, as defined 3143 in s. 790.22(5); 3144 9. Exposure of sexual organs, as defined in s. 800.03; 3145 10. Arson, as defined in s. 806.031(1); 3146 11. Petit theft, as defined in s. 812.014(3); 3147 12. Neglect of a child, as defined in s. 827.03(1)(e); or 3148 13. Cruelty to animals, as defined in s. 828.12(10). 3149 (c) The person has not been adjudicated guilty of, or 3150 adjudicated delinquent for committing, any of the acts stemming 3151 from the arrest or alleged criminal activity to which the 3152 petition to seal pertains. 3153 (d) The person is no longer under court supervision 3154 applicable to the disposition of arrest or alleged criminal 3155 activity to which the petition to seal pertains. 3156 (e) The person has never secured a prior sealing or 3157 expunction of a criminal history record under this section, s. 3158 943.0585, former s. 893.14, former s. 901.33, or former s. 3159 943.058. 3160 (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning the 3161 court to seal a criminal history record, a person seeking to 3162 seal a criminal history record must apply to the department for 3163 a certificate of eligibility for sealing. The department shall 3164 adopt rules relating to the application for and issuance of 3165 certificates of eligibility for sealing. 3166 (a) The department shall issue a certificate of eligibility 3167 for sealing to a person who is the subject of a criminal history 3168 record if that person: 3169 1. Satisfies the eligibility criteria in paragraphs (1)(a) 3170 (e) and is not ineligible for court-ordered sealing under s. 3171 943.0584. 3172 2. Has submitted to the department a certified copy of the 3173 disposition of charge to which the petition pertains. 3174 3. Remits a $75 processing fee to the department for 3175 placement in the Department of Law Enforcement Operating Trust 3176 Fund, unless the executive director waives such fee. 3177 (b) A certificate of eligibility for sealing is valid for 3178 12 months after the date stamped on the certificate when issued 3179 by the department. After that time, the petitioner must reapply 3180 to the department for a new certificate of eligibility. The 3181 status of the applicant and the law in effect at the time of the 3182 renewal application determine the petitioner’s eligibility. 3183 (3) PETITION.—Each petition to a court to seal a criminal 3184 history record is complete only when accompanied by: 3185 (a) A valid certificate of eligibility issued by the 3186 department pursuant to this section. 3187 (b) The petitioner’s sworn statement that the petitioner: 3188 1. Satisfies the eligibility requirements for sealing in 3189 subsection (1). 3190 2. Is eligible for sealing to the best of his or her 3191 knowledge and does not have any other petition to seal or 3192 expunge a criminal history record pending before any court. 3193 3194 Any person who knowingly provides false information on such 3195 sworn statement to the court commits a felony of the third 3196 degree, punishable as provided in s. 775.082, s. 775.083, or s. 3197 775.084. 3198 (4) COURT AUTHORITY.— 3199 (a) The courts of this state have jurisdiction over their 3200 own procedures, including the maintenance, sealing, and 3201 correction of judicial records containing criminal history 3202 information to the extent that such procedures are not 3203 inconsistent with the conditions, responsibilities, and duties 3204 established by this section. 3205 (b) Any court of competent jurisdiction may order a 3206 criminal justice agency to seal the criminal history record of a 3207 minor or an adult who complies with the requirements of this 3208 section. The court may not order a criminal justice agency to 3209 seal a criminal history record until the person seeking to seal 3210 a criminal history record has applied for and received a 3211 certificate of eligibility pursuant to subsection (2). 3212 (c) The court may order the sealing of a criminal history 3213 record pertaining to one arrest or one incident of alleged 3214 criminal activity only, except the court may order the sealing 3215 of a criminal history record pertaining to more than one arrest 3216 if the additional arrests directly relate to the original 3217 arrest. If the court intends to order the sealing of records 3218 pertaining to such additional arrests, such intent must be 3219 specified in the order. A criminal justice agency may not seal 3220 any record pertaining to such additional arrests if the order to 3221 seal does not articulate the intention of the court to seal a 3222 record pertaining to more than one arrest. This section does not 3223 prevent the court from ordering the sealing of only a portion of 3224 a criminal history record pertaining to one arrest or one 3225 incident of alleged criminal activity. 3226 (d) Notwithstanding any law to the contrary, a criminal 3227 justice agency may comply with laws, court orders, and official 3228 requests of other jurisdictions relating to sealing, correction, 3229 or confidential handling of criminal history records or 3230 information derived therefrom. 3231 (e) This section does not confer any right to the sealing 3232 of any criminal history record, and any request for sealing of a 3233 criminal history record may be denied at the sole discretion of 3234 the court. 3235 (5) PROCESSING OF A PETITION OR ORDER.— 3236 (a) In judicial proceedings under this section, a copy of 3237 the completed petition to seal shall be served upon the 3238 appropriate state attorney or the statewide prosecutor and upon 3239 the arresting agency; however, it is not necessary to make any 3240 agency other than the state a party. The appropriate state 3241 attorney or the statewide prosecutor and the arresting agency 3242 may respond to the court regarding the completed petition to 3243 seal. 3244 (b) If relief is granted by the court, the clerk of the 3245 court shall certify copies of the order to the appropriate state 3246 attorney or the statewide prosecutor and the arresting agency. 3247 The arresting agency is responsible for forwarding the order to 3248 any other agency to which the arresting agency disseminated the 3249 criminal history record information to which the order pertains. 3250 The department shall forward the order to seal to the Federal 3251 Bureau of Investigation. The clerk of the court shall certify a 3252 copy of the order to any other agency that the records of the 3253 court reflect has received the criminal history record from the 3254 court. 3255 (c) The department or any other criminal justice agency is 3256 not required to act on an order to seal entered by a court when 3257 such order does not comply with the requirements of this 3258 section. Upon receipt of such an order, the department must 3259 notify the issuing court, the appropriate state attorney or 3260 statewide prosecutor, the petitioner or the petitioner’s 3261 attorney, and the arresting agency of the reason for 3262 noncompliance. The appropriate state attorney or statewide 3263 prosecutor shall take action within 60 days to correct the 3264 record and petition the court to void the order. No cause of 3265 action, including contempt of court, shall arise against any 3266 criminal justice agency for failure to comply with an order to 3267 seal when the petitioner for such order failed to obtain the 3268 certificate of eligibility as required by this section or such 3269 order does not otherwise comply with the requirements of this 3270 section. 3271 (6) EFFECT OF ORDER.— 3272 (a) A criminal history record of a minor or an adult which 3273 is ordered sealed by a court pursuant to this section is 3274 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 3275 of the State Constitution and is available only to the following 3276 persons: 3277 1. The subject of the record; 3278 2. The subject’s attorney; 3279 3. Criminal justice agencies for their respective criminal 3280 justice purposes, which include conducting a criminal history 3281 background check for approval of firearms purchases or transfers 3282 as authorized by state or federal law; 3283 4. Judges in the state courts system for the purpose of 3284 assisting them in their case-related decisionmaking 3285 responsibilities, as set forth in s. 943.053(5); or 3286 5. To those entities set forth in subparagraphs (b)1., 4., 3287 5., 6., 8., 9., and 10. for their respective licensing access 3288 authorization and employment purposes. 3289 (b) The subject of the criminal history record sealed under 3290 this section or under other provisions of law, including former 3291 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully 3292 deny or fail to acknowledge the arrests covered by the sealed 3293 record, except when the subject of the record: 3294 1. Is a candidate for employment with a criminal justice 3295 agency; 3296 2. Is a defendant in a criminal prosecution; 3297 3. Concurrently or subsequently petitions for relief under 3298 this section, s. 943.0583, or s. 943.0585; 3299 4. Is a candidate for admission to The Florida Bar; 3300 5. Is seeking to be employed or licensed by or to contract 3301 with the Department of Children and Families, the Division of 3302 Vocational Rehabilitation within the Department of Education, 3303 the Agency for Health Care Administration, the Agency for 3304 Persons with Disabilities, the Department of Health, the 3305 Department of Elderly Affairs, or the Department of Juvenile 3306 Justice or to be employed or used by such contractor or licensee 3307 in a sensitive position having direct contact with children, the 3308 disabled, or the elderly; 3309 6. Is seeking to be employed or licensed by the Department 3310 of Education, a district school board, a university laboratory 3311 school, a charter school, a private or parochial school, or a 3312 local governmental entity that licenses child care facilities; 3313 7. Is attempting to purchase a firearm from a licensed 3314 importer, licensed manufacturer, or licensed dealer and is 3315 subject to a criminal history check under state or federal law; 3316 8. Is seeking to be licensed by the Division of Insurance 3317 Agent and Agency Services within the Department of Financial 3318 Services; 3319 9. Is seeking to be appointed as a guardian pursuant to s. 3320 744.3125; or 3321 10. Is seeking to be licensed by the Bureau of License 3322 Issuance of the Division of Licensing within the Department of 3323 Agriculture and Consumer Services to carry a concealed weapon or 3324 concealed firearm. This subparagraph applies only in the 3325 determination of an applicant’s eligibility under s. 790.06. 3326 (c) Subject to the exceptions in paragraph (b), a person 3327 who has been granted a sealing under this section, former s. 3328 893.14, former s. 901.33, or former s. 943.058 may not be held 3329 under any provision of law of this state to commit perjury or to 3330 be otherwise liable for giving a false statement by reason of 3331 such person’s failure to recite or acknowledge a sealed criminal 3332 history record. 3333 (d) Information relating to the existence of a sealed 3334 criminal history record provided in accordance with paragraph 3335 (b) is confidential and exempt from s. 119.07(1) and s. 24(a), 3336 Art. I of the State Constitution, except that the department 3337 shall disclose the sealed criminal history record to the 3338 entities set forth in subparagraphs (b)1., 4., 5., 6., 8., 9., 3339 and 10. for their respective licensing, access authorization, 3340 and employment purposes. An employee of an entity set forth in 3341 subparagraph (b)1., (b)4., (b)5., (b)6., (b)8., (b)9., or (b)10. 3342 may not disclose information relating to the existence of a 3343 sealed criminal history record of a person seeking employment, 3344 access authorization, or licensure with such entity or 3345 contractor, except to the person to whom the criminal history 3346 record relates or to persons having direct responsibility for 3347 employment, access authorization, or licensure decisions. A 3348 person who violates this paragraph commits a misdemeanor of the 3349 first degree, punishable as provided in s. 775.082 or s. 3350 775.083. 3351 Section 52. Section 943.0595, Florida Statutes, is created 3352 to read: 3353 943.0595 Automatic sealing of criminal history records.— 3354 (1) RULEMAKING.—Notwithstanding any law dealing generally 3355 with the preservation and destruction of public records, the 3356 department shall adopt rules addressing the automatic sealing of 3357 any criminal history record of a minor or adult described in 3358 this section. 3359 (2) ELIGIBILITY.— 3360 (a) The department shall automatically seal a criminal 3361 history record that does not result from an indictment, 3362 information, or other charging document for a forcible felony as 3363 defined in s. 776.08 or for an offense enumerated in s. 3364 943.0435(1)(h)1.a.(I), if: 3365 1. An indictment, information, or other charging document 3366 was not filed or issued in the case giving rise to the criminal 3367 history record. 3368 2. An indictment, information, or other charging document 3369 was filed in the case giving rise to the criminal history 3370 record, but was dismissed or nolle prosequi by the state 3371 attorney or statewide prosecutor or was dismissed by a court of 3372 competent jurisdiction. However, a person is not eligible for 3373 automatic sealing under this section if the dismissal was 3374 pursuant to s. 916.145 or s. 985.19. 3375 3. A not guilty verdict was rendered by a judge or jury. 3376 However, a person is not eligible for automatic sealing under 3377 this section if the defendant was found not guilty by reason of 3378 insanity. 3379 4. A judgment of acquittal was rendered by a judge. 3380 (b) There is no limitation on the number of times a person 3381 may obtain an automatic sealing for a criminal history record 3382 described in paragraph (a). 3383 (3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.— 3384 (a) Upon the disposition of a criminal case resulting in a 3385 criminal history record eligible for automatic sealing under 3386 paragraph (2)(a), the clerk of the court shall transmit a 3387 certified copy of the disposition of the criminal history record 3388 to the department, which shall seal the criminal history record 3389 upon receipt of the certified copy. 3390 (b) Automatic sealing of a criminal history record does not 3391 require sealing by the court or other criminal justice agencies, 3392 or that such record be surrendered to the court, and such record 3393 shall continue to be maintained by the department and other 3394 criminal justice agencies. 3395 (c) Except as provided in this section, automatic sealing 3396 of a criminal history record shall have the same effect, and the 3397 department may disclose such a record in the same manner, as a 3398 record sealed under s. 943.059. 3399 Section 53. Effective upon this act becoming a law, 3400 subsections (9) and (10) are added to section 943.6871, Florida 3401 Statutes, to read: 3402 943.6871 Criminal justice data transparency.—In order to 3403 facilitate the availability of comparable and uniform criminal 3404 justice data, the department shall: 3405 (9) Keep all information received by the department under 3406 s. 900.05 which is confidential and exempt when collected by the 3407 reporting agency confidential and exempt for purposes of this 3408 section and s. 900.05. 3409 (10)(a) By October 1, 2019, assist the Criminal and 3410 Juvenile Justice Information Systems Council in developing 3411 specifications for a uniform arrest affidavit to be used by each 3412 state, county, and municipal law enforcement agency to 3413 facilitate complete, accurate, and timely collection and 3414 reporting of data from each criminal offense arrest. The uniform 3415 arrest affidavit must at a minimum include all of the following: 3416 1. Identification of the arrestee. 3417 2. Details of the arrest, including each charge. 3418 3. Details of each vehicle and item seized at the time of 3419 arrest. 3420 4. Juvenile arrestee information. 3421 5. Release information. 3422 3423 The uniform arrest affidavit specifications must also include 3424 guidelines for developing a uniform criminal charge and 3425 disposition statute crosswalk table to be used by each law 3426 enforcement agency, state attorney, and jail administrator; and 3427 guidelines for developing a uniform criminal disposition and 3428 sentencing statute crosswalk table to be used by each clerk of 3429 the court. 3430 (b) By January 1, 2020, subject to appropriation, the 3431 department shall procure a uniform arrest affidavit, a uniform 3432 criminal charge and disposition statute crosswalk table, and a 3433 uniform criminal disposition and sentencing statute crosswalk 3434 table following the specifications developed under paragraph 3435 (a). The department shall provide training on use of the 3436 affidavit and crosswalk tables to each state, county, and 3437 municipal law enforcement agency, clerk of the court, state 3438 attorney, and jail administrator, as appropriate. 3439 (c) By July 1, 2020, each state, county, and municipal law 3440 enforcement agency must use the uniform arrest affidavit, each 3441 state attorney and jail administrator must use the uniform 3442 criminal charge and statute crosswalk table, and each clerk of 3443 the court must use the uniform criminal disposition and 3444 sentencing statute crosswalk table. 3445 Section 54. Section 944.40, Florida Statutes, is amended to 3446 read: 3447 944.40 Escapes; penalty.—Any prisoner confined in, or 3448 released on furlough from, any prison, jail, private 3449 correctional facility, road camp, or other penal institution, 3450 whether operated by the state, a county, or a municipality, or 3451 operated under a contract with the state, a county, or a 3452 municipality, working upon the public roads, or being 3453 transported to or from a place of confinement who escapes or 3454 attempts to escape from such confinement commits a felony of the 3455 second degree, punishable as provided in s. 775.082, s. 775.083, 3456 or s. 775.084. The punishment of imprisonment imposed under this 3457 section shall run consecutive to any former sentence imposed 3458 upon any prisoner. 3459 Section 55. Subsection (2) of section 944.47, Florida 3460 Statutes, is amended to read: 3461 944.47 Introduction, removal, or possession of contraband 3462certain articles unlawful; penalty.— 3463 (2)(a) A person who violatesany provision ofthis section 3464 as it pertains to an article of contraband described in 3465 subparagraph (1)(a)1., subparagraph (1)(a)2., or subparagraph 3466 (1)(a)6. commits a felony of the third degree, punishable as 3467 provided in s. 775.082, s. 775.083, or s. 775.084. OtherwiseIn3468all other cases, a violation ofa provision ofthis section is 3469constitutesa felony of the second degree, punishable as 3470 provided in s. 775.082, s. 775.083, or s. 775.084. 3471 (b) A violation of this section by an employee, as defined 3472 in s. 944.115(2)(b), who uses or attempts to use the powers, 3473 rights, privileges, duties, or position of his or her employment 3474 in the commission of the violation is ranked one level above the 3475 ranking specified in s. 921.0022 or s. 921.0023 for the offense 3476 committed. 3477 Section 56. Section 944.704, Florida Statutes, is amended 3478 to read: 3479 944.704 Staff who provide transition assistance; duties.— 3480 (1) The department shall provide a transition assistance 3481 specialist at each of the major institutions. 3482 (2) The department may increase the number of transition 3483 assistance specialists in proportion to the number of inmates 3484 served at each of the major institutions and may increase the 3485 number of employment specialists per judicial circuit based on 3486 the number of released inmates served under community 3487 supervision in that circuit, subject to appropriations. 3488 (3) The transition assistance specialists’whoseduties 3489 include, but are not limited to: 3490 (a)(1)Coordinating delivery of transition assistance 3491 program services at the institution and at the community 3492 correctional centers authorized pursuant to s. 945.091(1)(b). 3493 (b)(2)Assisting in the development of each inmate’s 3494 postrelease plan. 3495 (c)(3)Obtaining job placement information. Such 3496 information must include identifying any job assignment 3497 credentialing or industry certifications for which the inmate is 3498 eligible. 3499 (d)(4)Providing a written medical discharge plan and 3500 referral to a county health department. 3501 (e)(5)For an inmate who is known to be HIV positive, 3502 providing a 30-day supply of all HIV/AIDS-related medication 3503 that the inmate is taking beforeprior torelease, if required 3504 under protocols of the Department of Corrections and treatment 3505 guidelines of the United States Department of Health and Human 3506 Services. 3507 (f)(6)Facilitating placement in a private transition 3508 housing program, if requested by any eligible inmate. If an 3509 inmate who is nearing his or her date of release requests 3510 placement in a contracted substance abuse transition housing 3511 program, the transition assistance specialist shall inform the 3512 inmate of program availability and assess the inmate’s need and 3513 suitability for transition housing assistance. If an inmate is 3514 approved for placement, the specialist shall assist the inmate 3515 and coordinate the release of the inmate with the selected 3516 program. If an inmate requests and is approved for placement in 3517 a contracted faith-based substance abuse transition housing 3518 program, the specialist must consult with the chaplain before 3519prior tosuch placement. In selecting inmates who are nearing 3520 their date of release for placement in a faith-based program, 3521 the department shall ensure that an inmate’s faith orientation, 3522 or lack thereof, will not be considered in determining admission 3523 to the program and that the program does not attempt to convert 3524 an inmate toward a particular faith or religious preference. 3525 (g)(7)Providing a photo identification card to all inmates 3526 beforeprior totheir release. 3527 (4) AThetransition assistance specialist may not be a 3528 correctional officer or correctional probation officer as 3529 defined in s. 943.10. 3530 Section 57. Present subsections (3) through (6) of section 3531 944.705, Florida Statutes, are redesignated as subsections (4) 3532 through (7), respectively, and a new subsection (3) and 3533 subsections (8) through (12) are added to that section, to read: 3534 944.705 Release orientation program.— 3535 (3)(a) The department shall establish a toll-free hotline 3536 for the benefit of released inmates. The hotline shall provide 3537 information to released inmates seeking to obtain post-release 3538 referrals for community-based reentry services. 3539 (b) Before an inmate’s release, the department shall 3540 provide the inmate with a comprehensive community reentry 3541 resource directory organized by county and which must include 3542 the name, address, and a description of the services offered by 3543 each reentry service provider. The directory must also include 3544 the name, address, and telephone number of existing portals of 3545 entry and the toll-free hotline number required by paragraph 3546 (a). 3547 (c) The department shall expand the use of a department 3548 approved risk and needs assessment system to provide inmates and 3549 offenders with community-specific reentry service provider 3550 referrals. 3551 (8) A nonprofit faith-based or professional business, or a 3552 civic or community organization, may apply for registration with 3553 the department to provide inmate reentry services. Reentry 3554 services include, but are not limited to, counseling; providing 3555 information on housing and job placement; money management 3556 assistance; and programs that address substance abuse, mental 3557 health, or co-occurring conditions. 3558 (9) The department shall adopt policies and procedures for 3559 screening, approving, and registering an organization that 3560 applies under subsection (8). The department may deny approval 3561 and registration of an organization or a representative from an 3562 organization if it determines that the organization or 3563 representative does not meet the department’s policies and 3564 procedures. 3565 (10) The department may contract with a public or private 3566 educational institution’s veteran advocacy clinic or veteran 3567 legal clinic to assist qualified veteran inmates in applying for 3568 veterans’ benefits upon release. 3569 (11) The department may contract with public or private 3570 organizations to establish transitional employment programs that 3571 provide employment opportunities for released inmates. 3572 (12) The department shall adopt rules to implement this 3573 section. 3574 Section 58. Present subsections (4), (5), and (6) of 3575 section 944.801, Florida Statutes, are redesignated as 3576 subsections (7), (8), and (9), respectively, and new subsections 3577 (4), (5), and (6) are added to that section, to read: 3578 944.801 Education for state prisoners.— 3579 (4) The department may expand the use of job assignment 3580 credentialing and industry certifications. 3581 (5) The Correctional Education Program may establish a 3582 prison entrepreneurship program and adopt procedures for 3583 admitting student inmates. If the department elects to develop 3584 the program, it must include at least 180 days of in-prison 3585 education. The program curriculum must include a component on 3586 developing a business plan, procedures for graduation and 3587 certification of successful student inmates, and at least 90 3588 days of transitional and postrelease continuing educational 3589 services. Transitional and postrelease continuing educational 3590 services may be offered to graduate student inmates on a 3591 voluntary basis and are not a requirement for completion of the 3592 program. The department shall enter into agreements with public 3593 or private colleges or universities, other nonprofit entities, 3594 or other authorized provider under s. 1002.45(1)(a)1. to 3595 implement the program. The program must be funded with existing 3596 resources. 3597 (6) The Correctional education Program may work in 3598 cooperation with the Department of Agriculture and Consumer 3599 Services, Florida Forestry Service Division, and the Florida 3600 Department of Financial Services, Division of State Fire 3601 Marshall to develop a program for implementation within state 3602 correctional institutions or correctional facilities to train 3603 and certify inmates as firefighters. The program should include, 3604 but not be limited to, certification of inmates as state forest 3605 staff trained to help protect homes, forestland, and natural 3606 resources from the effects of wildfires throughout the state. 3607 Section 59. Subsection (1) of section 948.001, Florida 3608 Statutes, is amended to read: 3609 948.001 Definitions.—As used in this chapter, the term: 3610 (1) “Administrative probation” means a form of no contact, 3611 nonreporting supervision. A court may order administrative 3612 probation, or the Department of Corrections may transfer an 3613 offender to administrative probation, as provided in s. 948.013 3614in which an offender who presents a low risk of harm to the3615community may, upon satisfactory completion of half the term of3616probation, be transferred by the Department of Corrections to3617this type of reduced level of supervision, as provided in s.3618948.013. 3619 Section 60. Subsection (1) of section 948.013, Florida 3620 Statutes, is amended to read: 3621 948.013 Administrative probation.— 3622 (1) The Department of Corrections may transfer an offender 3623 to administrative probation if he or she presents a low risk of 3624 harm to the community and has satisfactorily completed at least 3625 half of his or her probation term. The departmentof Corrections3626 may establish procedures for transferring an offender to 3627 administrative probation. The department may collect an initial 3628 processing fee of up to $50 for each probationer transferred to 3629 administrative probation. The offender is exempt from further 3630 payment for the cost of supervision as required in s. 948.09. 3631 Section 61. Subsections (4), (5), and (6) are added to 3632 section 948.04, Florida Statutes, to read: 3633 948.04 Period of probation; duty of probationer; early 3634 termination; conversion of term.— 3635 (4) Except as provided in subsection (5), for defendants 3636 sentenced to probation on or after October 1, 2019, the court, 3637 upon motion by the probationer or the probation officer, shall 3638 either early terminate the probationer’s supervision or convert 3639 the supervisory term to administrative probation if all of the 3640 following requirements are met: 3641 (a) The probationer has completed at least half of the term 3642 of probation to which he or she was sentenced. 3643 (b) The probationer has successfully completed all other 3644 conditions of probation. 3645 (c) The court has not found the probationer in violation of 3646 probation pursuant to a filed affidavit of violation of 3647 probation at any point during the current supervisory term. 3648 (d) The parties did not specifically exclude the 3649 possibility of early termination or conversion to administrative 3650 probation as part of a negotiated sentence. 3651 (e) The probationer does not qualify as a violent felony 3652 offender of special concern under s. 948.06(8)(b). 3653 (5) Upon making written findings that continued reporting 3654 probation is necessary to protect the community or the interests 3655 of justice, the court may decline to early terminate the 3656 probationary term or convert the term to administrative 3657 probation for a probationer who is otherwise eligible under 3658 subsection (4). 3659 (6) Subsections (4) and (5) do not apply to an offender on 3660 community control. If an offender on community control is 3661 subsequently placed on probation, he or she must complete half 3662 of the probationary term to which he or she was sentenced, 3663 without receiving credit for time served on community control, 3664 before being eligible for mandatory early termination or 3665 conversion to administrative probation under this section. 3666 Section 62. Section 948.05, Florida Statutes, is amended to 3667 read: 3668 948.05 Court to admonish or commend probationer or offender 3669 in community control; graduated incentives.— 3670 (1) A court may at any time cause a probationer or offender 3671 in community control to appear before it to be admonished or 3672 commended, and, when satisfied that its action will be for the 3673 best interests of justice and the welfare of society, it may 3674 discharge the probationer or offender in community control from 3675 further supervision. 3676 (2) The department shall implement a system of graduated 3677 incentives to promote compliance with the terms of supervision 3678 and prioritize the highest levels of supervision for 3679 probationers or offenders presenting the greatest risk of 3680 recidivism. 3681 (a) As part of the graduated incentives system, the 3682 department may, without leave of court, offer the following 3683 incentives to a compliant probationer or offender in community 3684 control: 3685 1. Up to 25 percent reduction of required community service 3686 hours; 3687 2. Waiver of supervision fees; 3688 3. Reduction in frequency of reporting; 3689 4. Permission to report by mail or telephone; or 3690 5. Transfer of an eligible offender to administrative 3691 probation as authorized under s. 948.013. 3692 (b) The department may also incentivize positive behavior 3693 and compliance with recommendations to the court to modify the 3694 terms of supervision, including recommending: 3695 1. Permission to travel; 3696 2. Reduction of supervision type; 3697 3. Modification or cessation of curfew; 3698 4. Reduction or cessation of substance abuse testing; or 3699 5. Early termination of supervision. 3700 (c) A probationer or offender who commits a subsequent 3701 violation of probation may forfeit any previously earned 3702 probation incentive, as determined appropriate by his or her 3703 probation officer. 3704 Section 63. Present paragraphs (c) through (g) of 3705 subsection (1) of section 948.06, Florida Statutes, are 3706 redesignated as paragraphs (d) through (h), respectively, a new 3707 paragraph (c) is added to that subsection, and present paragraph 3708 (h) of that subsection is amended, present paragraphs (f) 3709 through (j) of subsection (2) are redesignated as paragraphs (g) 3710 through (k), respectively, and a new paragraph (f) is added to 3711 that subsection, and subsection (9) is added to that section, to 3712 read: 3713 948.06 Violation of probation or community control; 3714 revocation; modification; continuance; failure to pay 3715 restitution or cost of supervision.— 3716 (1) 3717 (c) If a probationer or offender on community control 3718 commits a technical violation, the probation officer shall 3719 determine whether the probationer or offender on community 3720 control is eligible for the alternative sanctioning program 3721 under subsection (9). If the probation officer determines that 3722 the probationer or offender on community control is eligible, 3723 the probation officer may proceed with the alternative 3724 sanctioning program in lieu of filing an affidavit of violation 3725 with the court. For purposes of this section, the term 3726 “technical violation” means an alleged violation of supervision 3727 that is not a new felony offense, misdemeanor offense, or 3728 criminal traffic offense. 3729(h)1.The chief judge of each judicial circuit, in3730consultation with the state attorney, the public defender, and3731the department, may establish an alternative sanctioning program3732in which the department, after receiving court approval, may3733enforce specified sanctions for certain technical violations of3734supervision. For purposes of this paragraph, the term “technical3735violation” means any alleged violation of supervision that is3736not a new felony offense, misdemeanor offense, or criminal3737traffic offense.37382.To establish an alternative sanctioning program, the3739chief judge must issue an administrative order specifying:3740a.Eligibility criteria.3741b.The technical violations that are eligible for the3742program.3743c.The sanctions that may be recommended by a probation3744officer for each technical violation.3745d.The process for reporting technical violations through3746the alternative sanctioning program, including approved forms.37473.If an offender is alleged to have committed a technical3748violation of supervision that is eligible for the program, the3749offender may:3750a.Waive participation in the alternative sanctioning3751program, in which case the probation officer may submit a3752violation report, affidavit, and warrant to the court in3753accordance with this section; or3754b.Elect to participate in the alternative sanctioning3755program after receiving written notice of an alleged technical3756violation and a disclosure of the evidence against the offender,3757admit to the technical violation, agree to comply with the3758probation officer’s recommended sanction if subsequently ordered3759by the court, and agree to waive the right to:3760(I)Be represented by legal counsel.3761(II)Require the state to prove his or her guilt before a3762neutral and detached hearing body.3763(III)Subpoena witnesses and present to a judge evidence in3764his or her defense.3765(IV)Confront and cross-examine adverse witnesses.3766(V)Receive a written statement from a factfinder as to the3767evidence relied on and the reasons for the sanction imposed.37684.If the offender admits to committing the technical3769violation and agrees with the probation officer’s recommended3770sanction, the probation officer must, before imposing the3771sanction, submit the recommended sanction to the court as well3772as documentation reflecting the offender’s admission to the3773technical violation and agreement with the recommended sanction.37745.The court may impose the recommended sanction or may3775direct the department to submit a violation report, affidavit,3776and warrant to the court in accordance with this section.37776.An offender’s participation in an alternative3778sanctioning program is voluntary. The offender may elect to3779waive or discontinue participation in an alternative sanctioning3780program at any time before the issuance of a court order3781imposing the recommended sanction.37827.If an offender waives or discontinues participation in3783an alternative sanctioning program, the probation officer may3784submit a violation report, affidavit, and warrant to the court3785in accordance with this section. The offender’s prior admission3786to the technical violation may not be used as evidence in3787subsequent proceedings.3788 (2) 3789 (f)1. Except as provided in subparagraph 3. or upon waiver 3790 by the probationer, the court shall modify or continue a 3791 probationary term upon finding a probationer in violation when 3792 any of the following applies: 3793 a. The term of supervision is probation. 3794 b. The probationer does not qualify as a violent felony 3795 offender of special concern, as defined in paragraph (8)(b). 3796 c. The violation is a low-risk technical violation, as 3797 defined in paragraph (9)(b). 3798 d. The court has not previously found the probationer in 3799 violation of his or her probation pursuant to a filed violation 3800 of probation affidavit during the current term of supervision. A 3801 probationer who has successfully completed sanctions through the 3802 alternative sanctioning program is eligible for mandatory 3803 modification or continuation of his or her probation. 3804 2. Upon modifying probation under subparagraph 1., the 3805 court may include in the sentence a maximum of 90 days in county 3806 jail as a special condition of probation. 3807 3. Notwithstanding s. 921.0024, if a probationer has less 3808 than 90 days of supervision remaining on his or her term of 3809 probation and meets the criteria for mandatory modification or 3810 continuation in subparagraph 1., the court may revoke probation 3811 and sentence the probationer to a maximum of 90 days in county 3812 jail. 3813 4. For purposes of imposing a jail sentence under this 3814 paragraph only, the court may grant credit only for time served 3815 in the county jail since the probationer’s most recent arrest 3816 for the violation. However, the court may not order the 3817 probationer to a total term of incarceration greater than the 3818 maximum provided by s. 775.082. 3819 (9)(a) Each judicial circuit shall establish an alternative 3820 sanctioning program as provided in this subsection. The chief 3821 judge of each judicial circuit may, by administrative order, 3822 define additional sanctions or eligibility criteria and specify 3823 the process for reporting technical violations through the 3824 alternative sanctioning program. Any sanctions recommended for 3825 imposition through an alternative sanctions program must be 3826 submitted to the court by the probation officer for approval 3827 before imposing the sanction. 3828 (b) As used in this subsection, the term “low-risk 3829 violation,” when committed by a probationer, means any of the 3830 following: 3831 1. A positive drug or alcohol test result. 3832 2. Failure to report to the probation office. 3833 3. Failure to report a change in address or other required 3834 information. 3835 4. Failure to attend a required class, treatment or 3836 counseling session, or meeting. 3837 5. Failure to submit to a drug or alcohol test. 3838 6. A violation of curfew. 3839 7. Failure to meet a monthly quota on any required 3840 probation condition, including, but not limited to, making 3841 restitution payments, paying court costs, or completing 3842 community service hours. 3843 8. Leaving the county without permission. 3844 9. Failure to report a change in employment. 3845 10. Associating with a person engaged in criminal activity. 3846 11. Any other violation as determined by administrative 3847 order of the chief judge of the circuit. 3848 (c) As used in this subsection, the term “moderate-risk 3849 violation” means any of the following: 3850 1. A violation identified in paragraph (b), when committed 3851 by an offender on community control. 3852 2. Failure to remain at an approved residence by an 3853 offender on community control. 3854 3. A third violation identified in paragraph (b) by a 3855 probationer within the current term of supervision. 3856 4. Any other violation as determined by administrative 3857 order of the chief judge of the circuit. 3858 (d) A probationer or offender on community control is not 3859 eligible for an alternative sanction if: 3860 1. He or she is a violent felony offender of special 3861 concern as defined in paragraph (8)(b); 3862 2. The violation is a felony, misdemeanor, or criminal 3863 traffic offense; 3864 3. The violation is absconding; 3865 4. The violation is of a stay-away order or no-contact 3866 order; 3867 5. The violation is not identified as low-risk or moderate 3868 risk under this subsection or by administrative order; 3869 6. He or she has a prior moderate-risk level violation 3870 during the current term of supervision; 3871 7. He or she has three prior low-risk level violations 3872 during the same term of supervision; 3873 8. The term of supervision is scheduled to terminate in 3874 less than 90 days; or 3875 9. The terms of the sentence prohibit alternative 3876 sanctioning. 3877 (e) For a first or second low-risk violation, as defined in 3878 paragraph (b), within the current term of supervision, a 3879 probation officer may offer an eligible probationer one or more 3880 of the following as an alternative sanction: 3881 1. Up to 5 days in the county jail. 3882 2. Up to 50 additional community service hours. 3883 3. Counseling or treatment. 3884 4. Support group attendance. 3885 5. Drug testing. 3886 6. Loss of travel or other privileges. 3887 7. Curfew for up to 30 days. 3888 8. House arrest for up to 30 days. 3889 9.a. Any other sanction as determined by administrative 3890 order of the chief judge of the circuit. 3891 b. However, in no circumstance shall participation in an 3892 alternative sanctioning program convert a withheld adjudication 3893 to an adjudication of guilt. 3894 (f) For a first moderate-risk violation, as defined in 3895 paragraph (c), within the current term of supervision, a 3896 probation officer, with a supervisor’s approval, may offer an 3897 eligible probationer or offender on community control one or 3898 more of the following as an alternative sanction: 3899 1. Up to 21 days in the county jail. 3900 2. Curfew for up to 90 days. 3901 3. House arrest for up to 90 days. 3902 4. Electronic monitoring for up to 90 days. 3903 5. Residential treatment for up to 90 days. 3904 6. Any other sanction available for a low-risk violation. 3905 7.a. Any other sanction as determined by administrative 3906 order of the chief judge of the circuit. 3907 b. However, in no circumstance shall participation in an 3908 alternative sanctioning program convert a withheld adjudication 3909 to an adjudication of guilt. 3910 (g) The participation of a probationer or an offender on 3911 community control in the program is voluntary. The probationer 3912 or offender on community control may waive or discontinue 3913 participation in the program at any time before the court 3914 imposes a recommended sanction. 3915 (h)1. If a probationer or offender on community control is 3916 eligible for the alternative sanctioning program under this 3917 subsection, he or she may: 3918 a. Waive participation in the program, in which case the 3919 probation officer may submit a violation report, affidavit, and 3920 warrant to the court; or 3921 b. Elect to participate in the program after receiving 3922 written notice of an alleged technical violation and disclosure 3923 of the evidence against him or her, and admit the technical 3924 violation, agree to comply with the probation officer’s 3925 recommended sanction if subsequently ordered by the court, and 3926 agree to waive the right to: 3927 (I) Be represented by legal counsel. 3928 (II) Require the state to prove his or her guilt before a 3929 neutral and detached hearing body. 3930 (III) Subpoena witnesses and present to a judge evidence in 3931 his or her defense. 3932 (IV) Confront and cross-examine adverse witnesses. 3933 (V) Receive a written statement from a judge as to the 3934 evidence relied on and the reasons for the sanction imposed. 3935 2. If the probationer or offender on community control 3936 admits to committing the technical violation and agrees with the 3937 probation officer’s recommended sanction, the probation officer 3938 must, before imposing the sanction, submit the recommended 3939 sanction to the court with documentation reflecting the 3940 probationer’s admission to the technical violation and agreement 3941 with the recommended sanction. 3942 (i) The court may impose the recommended sanction or direct 3943 the department to submit a violation report, affidavit, and 3944 warrant to the court. 3945 (j) If a probationer or offender on community control 3946 waives or discontinues participation in the program or fails to 3947 successfully complete all alternative sanctions within 90 days 3948 after imposition or within the timeframe specified in the 3949 agreed-upon sanction, the probation officer may submit a 3950 violation report, affidavit, and warrant to the court. A prior 3951 admission by the probationer or offender on community control to 3952 a technical violation may not be used as evidence in subsequent 3953 proceedings. 3954 Section 64. Subsection (6) of section 948.08, Florida 3955 Statutes, is amended to read: 3956 948.08 Pretrial intervention program.— 3957 (6)(a) For purposes of this subsection, the term 3958 “nonviolent felony” means a third degree felony violation of 3959 chapter 810 or any other felony offense that is not a forcible 3960 felony as defined in s. 776.08. 3961 (b) Notwithstanding any provision of this section, a person 3962who is charged with a nonviolent felony and is identified as3963having a substance abuse problem or is charged with a felony of3964the second or third degree for purchase or possession of a3965controlled substance under chapter 893, prostitution, tampering3966with evidence, solicitation for purchase of a controlled3967substance, or obtaining a prescription by fraud; who has not3968been charged with a crime involving violence, including, but not3969limited to, murder, sexual battery, robbery, carjacking, home3970invasion robbery, or any other crime involving violence; and who3971has not previously been convicted of a felonyis eligible for 3972 voluntary admission into a pretrial substance abuse education 3973 and treatment intervention program, including a treatment-based 3974 drug court program established pursuant to s. 397.334, approved 3975 by the chief judge of the circuit, for a period of not less than 3976 1 year in duration, if he or she: 3977 1. Is identified as having a substance abuse problem and is 3978 amenable to treatment. 3979 2. Is charged with a nonviolent felony. 3980 3. Has never been charged with a crime involving violence, 3981 including, but not limited to, murder, sexual battery, robbery, 3982 carjacking, home-invasion robbery, or any other crime involving 3983 violence. 3984 4. Has two or fewer felony convictions, provided that the 3985 prior convictions are for nonviolent felonies. 3986 (c) Upon motion of either party or the court’s own motion, 3987 and with the agreement of the defendant, the court shall admit 3988 an eligible person into a pretrial substance abuse education and 3989 treatment intervention program, except: 3990 1. If a defendant was previously offered admission to a 3991 pretrial substance abuse education and treatment intervention 3992 program at any time beforeprior totrial and the defendant 3993 rejected that offer on the record,thenthe court or the state 3994 attorney may deny the defendant’s admission to such a program. 3995 2. If the state attorney believes that the facts and 3996 circumstances of the case suggest the defendant’s involvement in 3997 the dealing and selling of controlled substances, the court 3998 shall hold a preadmission hearing. If the state attorney 3999 establishes, by a preponderance of the evidence at such hearing, 4000 that the defendant was involved in the dealing or selling of 4001 controlled substances, the court shall deny the defendant’s 4002 admission into a pretrial intervention program. 4003 3. If the defendant has two or fewer prior felony 4004 convictions as provided in subparagraph (b)4., the court, in its 4005 discretion, may deny admission to such a program. 4006 (d)(b)While enrolled in a pretrial intervention program 4007 authorized by this subsection, the participant is subject to a 4008 coordinated strategy developed by a drug court team under s. 4009 397.334(4). The coordinated strategy may include a protocol of 4010 sanctions that may be imposed upon the participant for 4011 noncompliance with program rules. The protocol of sanctions may 4012 include, but is not limited to, placement in a substance abuse 4013 treatment program offered by a licensed service provider as 4014 defined in s. 397.311 or in a jail-based treatment program or 4015 serving a period of incarceration within the time limits 4016 established for contempt of court. The coordinated strategy must 4017 be provided in writing to the participant before the participant 4018 agrees to enter into a pretrial treatment-based drug court 4019 program or other pretrial intervention program. Any person whose 4020 charges are dismissed after successful completion of the 4021 treatment-based drug court program, if otherwise eligible, may 4022 have his or her arrest record and plea of nolo contendere to the 4023 dismissed charges expunged under s. 943.0585. 4024 (e)(c)At the end of the pretrial intervention period, the 4025 court shall consider the recommendation of the administrator 4026 pursuant to subsection (5) and the recommendation of the state 4027 attorney as to disposition of the pending charges. The court 4028 shall determine, by written finding, whether the defendant has 4029 successfully completed the pretrial intervention program. 4030 Notwithstanding the coordinated strategy developed by a drug 4031 court team pursuant to s. 397.334(4), if the court finds that 4032 the defendant has not successfully completed the pretrial 4033 intervention program, the court may order the person to continue 4034 in education and treatment, which may include substance abuse 4035 treatment programs offered by licensed service providers as 4036 defined in s. 397.311 or jail-based treatment programs, or order 4037 that the charges revert to normal channels for prosecution. The 4038 court shall dismiss the charges upon a finding that the 4039 defendant has successfully completed the pretrial intervention 4040 program. 4041 (f)(d)Any entity, whether public or private, providing a 4042 pretrial substance abuse education and treatment intervention 4043 program under this subsection must contract with the county or 4044 appropriate governmental entity, and the terms of the contract 4045 must include, but need not be limited to, the requirements 4046 established for private entities under s. 948.15(3). 4047 Section 65. Section 948.081, Florida Statutes, is created 4048 to read: 4049 948.081 Community court programs.— 4050 (1) Each judicial circuit may establish a community court 4051 program for defendants charged with certain misdemeanor 4052 offenses. Each community court shall, at a minimum: 4053 (a) Adopt a nonadversarial approach. 4054 (b) Establish an advisory committee to recommend solutions 4055 and sanctions in each case. 4056 (c) Provide for judicial leadership and interaction. 4057 (d) In each particular case, consider the needs of the 4058 victim, consider individualized treatment services for the 4059 defendant, and monitor the defendant’s compliance. 4060 (2) The chief judge of the judicial circuit, by 4061 administrative order, shall specify each misdemeanor offense 4062 eligible for the community court program. In making such 4063 determination, the chief judge shall consider the particular 4064 needs and concerns of the communities within the judicial 4065 circuit. 4066 (3) A defendant’s entry into any community court program 4067 must be voluntary. 4068 (4) The chief judge shall appoint a community court 4069 resource coordinator, who shall: 4070 (a) Coordinate the responsibilities of the participating 4071 agencies and service providers. 4072 (b) Provide case management services. 4073 (c) Monitor compliance by defendants with court 4074 requirements. 4075 (d) Manage the collection of data for program evaluation 4076 and accountability. 4077 (5) The chief judge of the judicial circuit shall appoint 4078 members to an advisory committee for each community court. The 4079 members of the advisory committee must include, at a minimum: 4080 (a) The chief judge or a community court judge designated 4081 by the chief judge, who shall serve as chair. 4082 (b) The state attorney or his or her designee. 4083 (c) The public defender or his or her designee. 4084 (d) The community court resource coordinator. 4085 4086 The committee may also include community stakeholders, treatment 4087 representatives, and other persons the chair deems appropriate. 4088 (6) The advisory committee shall review each defendant’s 4089 case. Each committee member may make recommendations to the 4090 judge, including appropriate sanctions and treatment solutions 4091 for the defendant. The judge shall consider such recommendations 4092 and make the final decision concerning sanctions and treatment 4093 with respect to each defendant. 4094 (7) Each judicial circuit shall report client-level and 4095 programmatic data to the Office of the State Courts 4096 Administrator annually for program evaluation. Client-level data 4097 include primary offenses resulting in the community court 4098 referral or sentence, treatment compliance, completion status, 4099 reasons for failing to complete the program, offenses committed 4100 during treatment and sanctions imposed, frequency of court 4101 appearances, and units of service. Programmatic data include 4102 referral and screening procedures, eligibility criteria, type 4103 and duration of treatment offered, and residential treatment 4104 resources. 4105 (8) The Department of Corrections, the Department of 4106 Juvenile Justice, the Department of Health, the Department of 4107 Law Enforcement, the Department of Education, law enforcement 4108 agencies, and other governmental entities involved in the 4109 criminal justice system shall support such community court 4110 programs. 4111 (9) Community court program funding must be secured from 4112 sources other than the state for costs not assumed by the state 4113 under s. 29.004. However, this subsection does not preclude the 4114 use of funds provided for treatment and other services through 4115 state executive branch agencies. 4116 Section 66. Section 951.22, Florida Statutes, is amended to 4117 read: 4118 951.22 County detention facilities; contraband articles.— 4119 (1) It is unlawful, except through regular channels as duly 4120 authorized by the sheriff or officer in charge, to introduce 4121 into or possess upon the grounds of any county detention 4122 facility as defined in s. 951.23 or to give to or receive from 4123 any inmate of any such facility wherever said inmate is located 4124 at the time or to take or to attempt to take or send therefrom 4125 any of the following articles, which arehereby declared to be4126 contraband: 4127 (a)for the purposes of this act, to wit:Any written or 4128 recorded communication. This paragraph does not apply to any 4129 document or correspondence exchanged between a lawyer, 4130 paralegal, or other legal staff and an inmate at a detention 4131 facility if the document or correspondence is otherwise lawfully 4132 possessed and disseminated and relates to the legal 4133 representation of the inmate.;4134 (b) Any currency or coin.;4135 (c) Any article of food or clothing.;4136 (d) Any tobacco products as defined in s. 210.25(12).;4137 (e) Any cigarette as defined in s. 210.01(1).;4138 (f) Any cigar.;4139 (g) Any intoxicating beverage or beverage thatwhichcauses 4140 or may cause an intoxicating effect.;4141 (h) Any narcotic, hypnotic, or excitative drug or drug of 4142 any kind or nature, including nasal inhalators, sleeping pills, 4143 barbiturates, and controlled substances as defined in s. 4144 893.02(4).;4145 (i) Any firearm or any instrumentality customarily used or 4146 which is intended to be used as a dangerous weapon.; and4147 (j) Any instrumentality of any nature whichthatmay be or 4148 is intended to be used as an aid in effecting or attempting to 4149 effect an escape from a county facility. 4150 (k) Any cellular telephone or other portable communication 4151 device as described in s. 944.47(1)(a)6. The term does not 4152 include any device that has communication capabilities which has 4153 been approved or issued by the sheriff or officer in charge for 4154 investigative or institutional security purposes or for 4155 conducting other official business. 4156 (2) A person whoWhoeverviolates paragraph (1)(a), 4157 paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph 4158 (1)(e), paragraph (1)(f), or paragraph (1)(g) commits a 4159 misdemeanor of the first degree, punishable as provided in s. 4160 775.082 or s. 775.083. A person who violates paragraph (1)(h), 4161 paragraph (1)(i), paragraph (1)(j), or paragraph (1)(k) commits 4162subsection (1) shall be guilty ofa felony of the third degree, 4163 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 4164 Section 67. Subsection (1) of section 958.04, Florida 4165 Statutes, is amended to read: 4166 958.04 Judicial disposition of youthful offenders.— 4167 (1) The court may sentence as a youthful offender any 4168 person: 4169 (a) Who is at least 18 years of age or who has been 4170 transferred for prosecution to the criminal division of the 4171 circuit court pursuant to chapter 985; 4172 (b) Who is found guilty of or who has tendered, and the 4173 court has accepted, a plea of nolo contendere or guilty to a 4174 crime that is, under the laws of this state, a felony if such 4175 crime was committed before the defendant turned 21 years of age 4176the offender is younger than 21 years of age at the time4177sentence is imposed; and 4178 (c) Who has not previously been classified as a youthful 4179 offender underthe provisions ofthis act; however, a person who 4180 has been found guilty of a capital or life felony may not be 4181 sentenced as a youthful offender under this act. 4182 Section 68. Section 960.07, Florida Statutes, is amended to 4183 read: 4184 960.07 Filing of claims for compensation.— 4185 (1) A claim for compensation may be filed by a person 4186 eligible for compensation as provided in s. 960.065 or, if such 4187 person is a minor, by his or her parent or guardian or, if the 4188 person entitled to make a claim is mentally incompetent, by the 4189 person’s guardian or such other individual authorized to 4190 administer his or her estate. 4191 (2) Except as provided in subsectionssubsection(3) and 4192 (4), a claim must be filed in accordance with this subsection. 4193not later than 1 year after:4194 (a)1. A claim arising from a crime occurring before October 4195 1, 2019, must be filed within 1 year after: 4196 a. The occurrence of the crime upon which the claim is 4197 based. 4198 b.(b)The death of the victim or intervenor. 4199 c.(c)The death of the victim or intervenor is determined 4200 to be the result of a crime, and the crime occurred after June 4201 30, 1994. 4202 2.However,For good cause the department may extend the 4203 time for filing a claim under subparagraph 1. for a period not 4204 exceeding 2 years after such occurrence. 4205 (b)1. A claim arising from a crime occurring on or after 4206 October 1, 2019, must be filed within 3 years after the later 4207 of: 4208 a. The occurrence of the crime upon which the claim is 4209 based; 4210 b. The death of the victim or intervenor; or 4211 c. The death of the victim or intervenor is determined to 4212 be the result of the crime. 4213 2. For good cause the department may extend the time for 4214 filing a claim under subparagraph 1. for a period not to exceed 4215 5 years after such occurrence. 4216 (3) Notwithstanding the provisions of subsection (2)and4217regardless of when the crime occurred, if the victim or 4218 intervenor was under the age of 18 at the time the crime upon 4219 which the claim is based occurred, a claim may be filed in 4220 accordance with this subsection. 4221 (a) The victim’s or intervenor’s parent or guardian may 4222 file a claim on behalf of the victim or intervenor while the 4223 victim or intervenor is less than 18 years of age;or4224 (b) For a claim arising from a crime that occurred before 4225 October 1, 2019, when a victim or intervenor who was under the 4226 age of 18 at the time the crime occurred reaches the age of 18, 4227 the victim or intervenor has 1 yearwithin whichto file a 4228 claim; or 4229 (c) For a claim arising from a crime occurring on or after 4230 October 1, 2019, when a victim or intervenor who was under the 4231 age of 18 at the time the crime occurred reaches the age of 18, 4232 the victim or intervenor has 3 years to file a claim. 4233 4234 For good cause, the department may extend the time period 4235 allowed for filing a claim under paragraph (b) for an additional 4236 period not to exceed 1 year or under paragraph (c) for an 4237 additional period not to exceed 2 years. 4238 (4) The provisions of subsection (2) notwithstanding,and4239regardless of when the crime occurred,a victim of a sexually 4240 violent offense as defined in s. 394.912, may file a claim for 4241 compensation for counseling or other mental health services 4242 within: 4243 (a) One1year after the filing of a petition under s. 4244 394.914, to involuntarily civilly commit the individual who 4245 perpetrated the sexually violent offense, if the claim arises 4246 from a crime committed before October 1, 2019; or 4247 (b) Three years after the filing of petition under s. 4248 394.914, to involuntarily civilly commit the individual who 4249 perpetrated the sexually violent offense, if the claim arises 4250 from a crime committed on or after October 1, 2019. 4251 Section 69. Paragraph (b) of subsection (1) of section 4252 960.13, Florida Statutes, is amended to read: 4253 960.13 Awards.— 4254 (1) 4255 (b) In no case may an award be made when the record shows 4256 that such report was made more than: 4257 1. Seventy-two72hours after the occurrence of such crime, 4258 if the crime occurred before October 1, 2019; or 4259 2. Five days after the occurrence of such crime, if the 4260 crime occurred on or after October 1, 2019, 4261 4262 unless the department, for good cause shown, finds the delay to 4263 have been justified. The department, upon finding that any 4264 claimant or award recipient has not duly cooperated with the 4265 state attorney, all law enforcement agencies, and the 4266 department, may deny, reduce, or withdraw any award, as the case 4267 may be. 4268 Section 70. Subsection (1) of section 960.195, Florida 4269 Statutes, is amended to read: 4270 960.195 Awards to elderly persons or disabled adults for 4271 property loss.— 4272 (1) Notwithstanding the criteria in s. 960.13, for crime 4273 victim compensation awards, the department may award a maximum 4274 of $500 on any one claim and a lifetime maximum of $1,000 on all 4275 claims to elderly persons or disabled adults who suffer a 4276 property loss that causes a substantial diminution in their 4277 quality of life when: 4278 (a) There is proof that a criminal or delinquent act was 4279 committed; 4280 (b) The criminal or delinquent act is reported to law 4281 enforcement authorities within: 4282 1. Seventy-two72hours, if such crime or act occurred 4283 before October 1, 2019; or 4284 2. Five days, if such crime or act occurred on or after 4285 October 1, 2019, 4286 4287 unless the department, for good cause shown, finds the delay to 4288 have been justified; 4289 (c) There is proof that the tangible personal property in 4290 question belonged to the claimant; 4291 (d) The claimant did not contribute to the criminal or 4292 delinquent act; 4293 (e) There is no other source of reimbursement or 4294 indemnification available to the claimant; and 4295 (f) The claimant would not be able to replace the tangible 4296 personal property in question without incurring a serious 4297 financial hardship. 4298 Section 71. Section 960.196, Florida Statutes, is amended 4299 to read: 4300 960.196 Relocation assistance for victims of human 4301 trafficking.— 4302 (1) Notwithstanding the criteria specified in ss. 960.07(2) 4303 and 960.13 for crime victim compensation awards, the department 4304 may award a one-time payment of up to $1,500 for any one claim 4305 and a lifetime maximum of $3,000 to a victim of human 4306 trafficking who needs urgent assistance to escape from an unsafe 4307 environment directly related to the human trafficking offense. 4308 (2) In order for an award to be granted to a victim for 4309 relocation assistance: 4310 (a) There must be proof that a human trafficking offense, 4311 as described in s. 787.06(3)(b), (d), (f), or (g), was 4312 committed. 4313 (b)1. For a crime occurring before October 1, 2019, the 4314 crime must be reported to the proper authorities and the claim 4315 must be filed within 1 year, or 2 years with good cause, after 4316 the date of the last human trafficking offense, as described in 4317 s. 787.06(3)(b), (d), (f), or (g). 4318 2. For a crime occurring on or after October 1, 2019, the 4319 crime must be reported to the proper authorities and the claim 4320 must be filed within 3 years, or 5 years with good cause, after 4321 the date of the last human trafficking offense, as described in 4322 s. 787.06(3)(b), (d), (f), or (g). 4323 3. In a case that exceeds the reporting and filing2-year4324 requirement due to an active and ongoing investigation, a state 4325 attorney, statewide prosecutor, or federal prosecutor may 4326 certify in writing a human trafficking victim’s need to relocate 4327 from an unsafe environment due to the threat of future violence 4328 which is directly related to the human trafficking offense. 4329 (c) The victim’s need must be certified by a certified 4330 domestic violence or rape crisis center in this state, except as 4331 provided in paragraph (b). The center’s certification must 4332 assert that the victim is cooperating with the proper 4333 authorities and must include documentation that the victim has 4334 developed a safety plan. 4335 (3) Relocation payments for a human trafficking claim shall 4336 be denied if the department has previously approved or paid out 4337 a domestic violence or sexual battery relocation claim under s. 4338 960.198 or s. 960.199 to the same victim regarding the same 4339 incident. 4340 Section 72. Subsection (2) of section 960.28, Florida 4341 Statutes, is amended to read: 4342 960.28 Payment for victims’ initial forensic physical 4343 examinations.— 4344 (2) The Crime Victims’ Services Office of the department 4345 shall pay for medical expenses connected with an initial 4346 forensic physical examination of a victim of sexual battery as 4347 defined in chapter 794 or a lewd or lascivious offense as 4348 defined in chapter 800. Such payment shall be made regardless of 4349 whether the victim is covered by health or disability insurance 4350 and whether the victim participates in the criminal justice 4351 system or cooperates with law enforcement. The payment shall be 4352 made only out of moneys allocated to the Crime Victims’ Services 4353 Office for the purposes of this section, and the payment may not 4354 exceed $1,000$500with respect to any violation. The department 4355 shall develop and maintain separate protocols for the initial 4356 forensic physical examination of adults and children. Payment 4357 under this section is limited to medical expenses connected with 4358 the initial forensic physical examination, and payment may be 4359 made to a medical provider using an examiner qualified under 4360 part I of chapter 464, excluding s. 464.003(14); chapter 458; or 4361 chapter 459. Payment made to the medical provider by the 4362 department shall be considered by the provider as payment in 4363 full for the initial forensic physical examination associated 4364 with the collection of evidence. The victim may not be required 4365 to pay, directly or indirectly, the cost of an initial forensic 4366 physical examination performed in accordance with this section. 4367 Section 73. Effective upon this act becoming a law, 4368 paragraphs (c), (d), and (f) of subsection (2) of section 4369 985.12, Florida Statutes, are amended to read: 4370 985.12 Civil citation or similar prearrest diversion 4371 programs.— 4372 (2) JUDICIAL CIRCUIT CIVIL CITATION OR SIMILAR PREARREST 4373 DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND OPERATION.— 4374 (c) The state attorney of each circuit shall operate a 4375 civil citation or similar prearrest diversion program in each 4376 circuit. A sheriff, police department, county, municipality, 4377 locally authorized entity, or public or private educational 4378 institution may continue to operate an independent civil 4379 citation or similar prearrest diversion program that is in 4380 operation as of October 1, 2018, if the independent program is 4381 reviewed by the state attorney of the applicable circuit and he 4382 or she determines that the independent program is substantially 4383 similar to the civil citation or similar prearrest diversion 4384 program developed by the circuit. If the state attorney 4385 determines that the independent program is not substantially 4386 similar to the civil citation or similar prearrest diversion 4387 program developed by the circuit, the operator of the 4388 independent diversion program may revise the program and the 4389 state attorney may conduct an additional review of the 4390 independent program. 4391 (d) A judicial circuit may model an existing sheriff’s, 4392 police department’s, county’s, municipality’s, locally 4393 authorized entity’s, or public or private educational 4394 institution’s independent civil citation or similar prearrest 4395 diversion program in developing the civil citation or similar 4396 prearrest diversion program for the circuit. 4397 (f) Each civil citation or similar prearrest diversion 4398 program shall enter the appropriate youth data into the Juvenile 4399 Justice Information System Prevention Web within 7 days after 4400 the admission of the youth into the programA copy of each civil4401citation or similar prearrest diversion program notice issued4402under this section shall be provided to the department, and the4403department shall enter appropriate information into the juvenile4404offender information system. 4405 Section 74. Effective upon this act becoming a law, 4406 subsection (2) and paragraph (c) of subsection (3) of section 4407 985.126, Florida Statutes, are amended to read: 4408 985.126 Diversion programs; data collection; denial of 4409 participation or expunged record.— 4410 (2) Upon issuance of documentation requiring a minor to 4411 participate in a diversion program, before or without an arrest, 4412 the issuing law enforcement officer shall send a copy of such 4413 documentation to the entity designated to operate the diversion 4414 programand to the department, which shall enter such 4415 information into the Juvenile Justice Information System 4416 Prevention Web within 7 days after the youth’s admission into 4417 the program. 4418 (3) 4419 (c) The data required pursuant to paragraph (a) shall be 4420 entered into the Juvenile Justice Information System Prevention 4421 Web within 7 days after the youth’s admission into the program 4422submitted to the department quarterly. 4423 Section 75. Effective upon this act becoming a law, 4424 paragraph (f) of subsection (1) of section 985.145, Florida 4425 Statutes, is amended to read: 4426 985.145 Responsibilities of the department during intake; 4427 screenings and assessments.— 4428 (1) The department shall serve as the primary case manager 4429 for the purpose of managing, coordinating, and monitoring the 4430 services provided to the child. Each program administrator 4431 within the Department of Children and Families shall cooperate 4432 with the primary case manager in carrying out the duties and 4433 responsibilities described in this section. In addition to 4434 duties specified in other sections and through departmental 4435 rules, the department shall be responsible for the following: 4436(f)Prevention web.—For a child with a first-time4437misdemeanor offense, the department shall enter all related4438information into the Juvenile Justice Information System4439Prevention Web until such time as formal charges are filed. If4440formal charges are not filed, the information shall remain in4441the Juvenile Justice Information System Prevention Web until4442removed pursuant to department policies.4443 Section 76. Subsection (2) of section 985.557, Florida 4444 Statutes, is amended to read: 4445 985.557 Direct filing of an information; discretionaryand4446mandatorycriteria.— 4447(2)MANDATORY DIRECT FILE.—4448(a)With respect to any child who was 16 or 17 years of age4449at the time the alleged offense was committed, the state4450attorney shall file an information if the child has been4451previously adjudicated delinquent for an act classified as a4452felony, which adjudication was for the commission of, attempt to4453commit, or conspiracy to commit murder, sexual battery, armed or4454strong-armed robbery, carjacking, home-invasion robbery,4455aggravated battery, or aggravated assault, and the child is4456currently charged with a second or subsequent violent crime4457against a person.4458(b)With respect to any child 16 or 17 years of age at the4459time an offense classified as a forcible felony, as defined in4460s. 776.08, was committed, the state attorney shall file an4461information if the child has previously been adjudicated4462delinquent or had adjudication withheld for three acts4463classified as felonies each of which occurred at least 45 days4464apart from each other. This paragraph does not apply when the4465state attorney has good cause to believe that exceptional4466circumstances exist which preclude the just prosecution of the4467juvenile in adult court.4468(c)The state attorney must file an information if a child,4469regardless of the child’s age at the time the alleged offense4470was committed, is alleged to have committed an act that would be4471a violation of law if the child were an adult, that involves4472stealing a motor vehicle, including, but not limited to, a4473violation of s. 812.133, relating to carjacking, or s.4474812.014(2)(c)6., relating to grand theft of a motor vehicle, and4475while the child was in possession of the stolen motor vehicle4476the child caused serious bodily injury to or the death of a4477person who was not involved in the underlying offense. For4478purposes of this section, the driver and all willing passengers4479in the stolen motor vehicle at the time such serious bodily4480injury or death is inflicted shall also be subject to mandatory4481transfer to adult court. “Stolen motor vehicle,” for the4482purposes of this section, means a motor vehicle that has been4483the subject of any criminal wrongful taking. For purposes of4484this section, “willing passengers” means all willing passengers4485who have participated in the underlying offense.4486(d)1.With respect to any child who was 16 or 17 years of4487age at the time the alleged offense was committed, the state4488attorney shall file an information if the child has been charged4489with committing or attempting to commit an offense listed in s.4490775.087(2)(a)1.a.-p., and, during the commission of or attempt4491to commit the offense, the child:4492a.Actually possessed a firearm or destructive device, as4493those terms are defined in s. 790.001.4494b.Discharged a firearm or destructive device, as described4495in s. 775.087(2)(a)2.4496c.Discharged a firearm or destructive device, as described4497in s. 775.087(2)(a)3., and, as a result of the discharge, death4498or great bodily harm was inflicted upon any person.44992.Upon transfer, any child who is:4500a.Charged under sub-subparagraph 1.a. and who has been4501previously adjudicated or had adjudication withheld for a4502forcible felony offense or any offense involving a firearm, or4503who has been previously placed in a residential commitment4504program, shall be subject to sentencing under s. 775.087(2)(a),4505notwithstanding s. 985.565.4506b.Charged under sub-subparagraph 1.b. or sub-subparagraph45071.c., shall be subject to sentencing under s. 775.087(2)(a),4508notwithstanding s. 985.565.45093.Upon transfer, any child who is charged under this4510paragraph, but who does not meet the requirements specified in4511subparagraph 2., shall be sentenced under s. 985.565; however,4512if the court imposes a juvenile sanction, the court must commit4513the child to a high-risk or maximum-risk juvenile facility.45144.This paragraph shall not apply if the state attorney has4515good cause to believe that exceptional circumstances exist that4516preclude the just prosecution of the child in adult court.45175.The Department of Corrections shall make every4518reasonable effort to ensure that any child 16 or 17 years of age4519who is convicted and sentenced under this paragraph be4520completely separated such that there is no physical contact with4521adult offenders in the facility, to the extent that it is4522consistent with chapter 958.4523 Section 77. Subsection (3) of section 776.09, Florida 4524 Statutes, is amended to read: 4525 776.09 Retention of records pertaining to persons found to 4526 be acting in lawful self-defense; expunction of criminal history 4527 records.— 4528 (3) Under either condition described in subsection (1) or 4529 subsection (2), the person accused may apply for a certificate 4530 of eligibility to expunge the associated criminal history 4531 record, pursuant to s. 943.0578s. 943.0585(5), notwithstanding 4532 the eligibility requirements prescribed in s. 943.0585(1)s.4533943.0585(1)(b)or (2). 4534 Section 78. Paragraph (c) of subsection (3) of section 4535 943.053, Florida Statutes, is amended to read: 4536 943.053 Dissemination of criminal justice information; 4537 fees.— 4538 (3) 4539 (c)1. Criminal history information relating to juveniles, 4540 including criminal history information consisting in whole or in 4541 part of information that is confidential and exempt under 4542 paragraph (b), shall be available to: 4543 a. A criminal justice agency for criminal justice purposes 4544 on a priority basis and free of charge; 4545 b. The person to whom the record relates, or his or her 4546 attorney; 4547 c. The parent, guardian, or legal custodian of the person 4548 to whom the record relates, provided such person has not reached 4549 the age of majority, been emancipated by a court, or been 4550 legally married; or 4551 d. An agency or entity specified in s. 943.0585(6)s.4552943.0585(4)or s. 943.059(6)s. 943.059(4), for the purposes 4553 specified therein, and to any person within such agency or 4554 entity who has direct responsibility for employment, access 4555 authorization, or licensure decisions. 4556 2. After providing the program with all known personal 4557 identifying information, the criminal history information 4558 relating to a juvenile which is not confidential and exempt 4559 under this subsection may be released to the private sector and 4560 noncriminal justice agencies not specified in s. 943.0585(6)s.4561943.0585(4)or s. 943.059(6)s. 943.059(4)in the same manner as 4562 provided in paragraph (a). Criminal history information relating 4563 to a juvenile which is not confidential and exempt under this 4564 subsection is the entire criminal history information relating 4565 to a juvenile who satisfies any of the criteria listed in sub 4566 subparagraphs (b)1.a.-d., except for any portion of such 4567 juvenile’s criminal history record which has been expunged or 4568 sealed under any law applicable to such record. 4569 3. All criminal history information relating to juveniles, 4570 other than that provided to criminal justice agencies for 4571 criminal justice purposes, shall be provided upon tender of fees 4572 as established in this subsection and in the manner prescribed 4573 by rule of the Department of Law Enforcement. 4574 Section 79. Paragraph (b) of subsection (2) of section 4575 943.0582, Florida Statutes, is amended to read: 4576 943.0582 Diversion program expunction.— 4577 (2) As used in this section, the term: 4578 (b) “Expunction” has the same meaning ascribed in and 4579 effect as s. 943.0585, except that: 4580 1. Section 943.0585(6)(b) doesThe provisions of s.4581943.0585(4)(a) donot apply, except that the criminal history 4582 record of a person whose record is expunged pursuant to this 4583 section shall be made available only to criminal justice 4584 agencies for the purpose of: 4585 a. Determining eligibility for diversion programs; 4586 b. A criminal investigation; or 4587 c. Making a prosecutorial decision under s. 985.15. 4588 2. Records maintained by local criminal justice agencies in 4589 the county in which the arrest occurred that are eligible for 4590 expunction pursuant to this section shall be sealed as the term 4591 is used in s. 943.059. 4592 Section 80. Paragraphs (a) and (b) of subsection (4) of 4593 section 985.565, Florida Statutes, are amended to read: 4594 985.565 Sentencing powers; procedures; alternatives for 4595 juveniles prosecuted as adults.— 4596 (4) SENTENCING ALTERNATIVES.— 4597 (a) Adult sanctions.— 4598 1. Cases prosecuted on indictment.—If the child is found to 4599 have committed the offense punishable by death or life 4600 imprisonment, the child shall be sentenced as an adult. If the 4601 juvenile is not found to have committed the indictable offense 4602 but is found to have committed a lesser included offense or any 4603 other offense for which he or she was indicted as a part of the 4604 criminal episode, the court may sentence as follows: 4605 a. As an adult; 4606 b. Under chapter 958; or 4607 c. As a juvenile under this section. 4608 2. Other cases.—If a child who has been transferred for 4609 criminal prosecution pursuant to information or waiver of 4610 juvenile court jurisdiction is found to have committed a 4611 violation of state law or a lesser included offense for which he 4612 or she was charged as a part of the criminal episode, the court 4613 may sentence as follows: 4614 a. As an adult; 4615 b. Under chapter 958; or 4616 c. As a juvenile under this section. 4617 3. Notwithstanding any other provision to the contrary, if 4618 the state attorney is required to file a motion to transfer and 4619 certify the juvenile for prosecution as an adult under s. 4620 985.556(3) and that motion is granted, or if the state attorney4621is required to file an information under s. 985.557(2)(a) or4622(b), the court must impose adult sanctions. 4623 4. Any sentence imposing adult sanctions is presumed 4624 appropriate, and the court is not required to set forth specific 4625 findings or enumerate the criteria in this subsection as any 4626 basis for its decision to impose adult sanctions. 4627 5. When a child has been transferred for criminal 4628 prosecution as an adult and has been found to have committed a 4629 violation of state law, the disposition of the case may include 4630 the enforcement of any restitution ordered in any juvenile 4631 proceeding. 4632 (b) Juvenile sanctions.—For juveniles transferred to adult 4633 court but who do not qualify for such transfer under s. 4634 985.556(3)or s. 985.557(2)(a) or (b), the court may impose 4635 juvenile sanctions under this paragraph. If juvenile sentences 4636 are imposed, the court shall, under this paragraph, adjudge the 4637 child to have committed a delinquent act. Adjudication of 4638 delinquency mayshallnot be deemed a conviction, nor shall it 4639 operate to impose any of the civil disabilities ordinarily 4640 resulting from a conviction. The court shall impose an adult 4641 sanction or a juvenile sanction and may not sentence the child 4642 to a combination of adult and juvenile punishments. An adult 4643 sanction or a juvenile sanction may include enforcement of an 4644 order of restitution or probation previously ordered in any 4645 juvenile proceeding. However, if the court imposes a juvenile 4646 sanction and the department determines that the sanction is 4647 unsuitable for the child, the department shall return custody of 4648 the child to the sentencing court for further proceedings, 4649 including the imposition of adult sanctions. Upon adjudicating a 4650 child delinquent under subsection (1), the court may: 4651 1. Place the child in a probation program under the 4652 supervision of the department for an indeterminate period of 4653 time until the child reaches the age of 19 years or sooner if 4654 discharged by order of the court. 4655 2. Commit the child to the department for treatment in an 4656 appropriate program for children for an indeterminate period of 4657 time until the child is 21 or sooner if discharged by the 4658 department. The department shall notify the court of its intent 4659 to discharge no later than 14 days beforeprior todischarge. 4660 Failure of the court to timely respond to the department’s 4661 notice shall be considered approval for discharge. 4662 3. Order disposition under ss. 985.435, 985.437, 985.439, 4663 985.441, 985.45, and 985.455 as an alternative to youthful 4664 offender or adult sentencing if the court determines not to 4665 impose youthful offender or adult sanctions. 4666 4667 It is the intent of the Legislature that the criteria and 4668 guidelines in this subsection are mandatory and that a 4669 determination of disposition under this subsection is subject to 4670 the right of the child to appellate review under s. 985.534. 4671 Section 81. Subsection (3) of section 921.0022, Florida 4672 Statutes, is amended to read: 4673 921.0022 Criminal Punishment Code; offense severity ranking 4674 chart.— 4675 (3) OFFENSE SEVERITY RANKING CHART 4676 (a) LEVEL 1 4677 4678 FloridaStatute FelonyDegree Description 4679 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. 4680 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 4681 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or moregreater than$300but less than $20,000. 4682 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer. 4683 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate. 4684 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer. 4685 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers. 4686 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification. 4687 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card. 4688 322.212(5)(a) 3rd False application for driver license or identification card. 4689 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. 4690 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits. 4691 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or moregreater than$300. 4692 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 4693562.27(1)3rdPossess still or still apparatus.4694 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or morethan$50. 4695 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). 4696 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret. 4697 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data). 4698 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services. 4699 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony. 4700 826.01 3rd Bigamy. 4701 828.122(3) 3rd Fighting or baiting animals. 4702 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. 4703 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. 4704 832.041(1) 3rd Stopping payment with intent to defraud $150 or more. 4705 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more. 4706 838.15(2) 3rd Commercial bribe receiving. 4707 838.16 3rd Commercial bribery. 4708 843.18 3rd Fleeing by boat to elude a law enforcement officer. 4709 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). 4710849.013rdKeeping gambling house.4711 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery. 4712 849.23 3rd Gambling-related machines; “common offender” as to property rights. 4713 849.25(2) 3rd Engaging in bookmaking. 4714 860.08 3rd Interfere with a railroad signal. 4715 860.13(1)(a) 3rd Operate aircraft while under the influence. 4716 893.13(2)(a)2. 3rd Purchase of cannabis. 4717 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams). 4718 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication. 4719 4720 (b) LEVEL 2 4721 4722 FloridaStatute FelonyDegree Description 4723 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. 4724 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. 4725 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste. 4726 517.07(2) 3rd Failure to furnish a prospectus meeting requirements. 4727 590.28(1) 3rd Intentional burning of lands. 4728 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. 4729 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 4730 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service. 4731 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 4732 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property. 4733 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750$300or more but less than $5,000. 4734 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750$300, taken from unenclosed curtilage of dwelling. 4735 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 4736 817.234(1)(a)2. 3rd False statement in support of insurance claim. 4737 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 4738 817.52(3) 3rd Failure to redeliver hired vehicle. 4739 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 4740 817.60(5) 3rd Dealing in credit cards of another. 4741 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 4742 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months. 4743 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 4744 831.01 3rd Forgery. 4745 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 4746 831.07 3rd Forging bank bills, checks, drafts, or promissory notes. 4747 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts. 4748 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 4749 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 4750 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 4751 843.08 3rd False personation. 4752 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis. 4753 893.147(2) 3rd Manufacture or delivery of drug paraphernalia. 4754 4755 (c) LEVEL 3 4756 4757 FloridaStatute FelonyDegree Description 4758 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 4759 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 4760 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 4761 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 4762 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 4763 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 4764 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 4765 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 4766 327.35(2)(b) 3rd Felony BUI. 4767 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 4768 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 4769 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 4770 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. 4771 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act. 4772 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 4773 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 4774 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 4775 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report. 4776 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 4777 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 4778 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 4779 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 4780 697.08 3rd Equity skimming. 4781 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 4782 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 4783 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 4784 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 4785 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 4786 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 4787 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 4788 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property. 4789 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 4790 817.233 3rd Burning to defraud insurer. 4791 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 4792 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 4793 817.236 3rd Filing a false motor vehicle insurance application. 4794 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 4795 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 4796 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 4797 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 4798 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 4799 843.19 3rd Injure, disable, or kill police dog or horse. 4800 860.15(3) 3rd Overcharging for repairs and parts. 4801 870.01(2) 3rd Riot; inciting or encouraging. 4802 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs). 4803 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university. 4804 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility. 4805 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 4806 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 4807 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 4808 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 4809 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 4810 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 4811 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice. 4812 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 4813 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 4814 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. 4815 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 4816 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 4817 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 4818 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 4819 4820 (d) LEVEL 4 4821 4822 FloridaStatute FelonyDegree Description 4823 316.1935(3)(a) 2nd 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. 4824 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements. 4825 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 4826 517.07(1) 3rd Failure to register securities. 4827 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register. 4828 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 4829 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 4830 784.075 3rd Battery on detention or commitment facility staff. 4831 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 4832 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 4833 784.081(3) 3rd Battery on specified official or employee. 4834 784.082(3) 3rd Battery by detained person on visitor or other detainee. 4835 784.083(3) 3rd Battery on code inspector. 4836 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 4837 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 4838 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 4839 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 4840 787.07 3rd Human smuggling. 4841 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 4842 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 4843 790.115(2)(c) 3rd Possessing firearm on school property. 4844 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 4845 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 4846 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 4847 810.06 3rd Burglary; possession of tools. 4848 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 4849 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 4850 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items, a will, firearm, motor vehicle, livestock, etc. 4851 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 4852 817.505(4)(a) 3rd Patient brokering. 4853 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 4854 817.568(2)(a) 3rd Fraudulent use of personal identification information. 4855 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder. 4856 817.625(2)(c) 3rd Possess, sell, or deliver skimming device. 4857 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 4858 837.02(1) 3rd Perjury in official proceedings. 4859 837.021(1) 3rd Make contradictory statements in official proceedings. 4860 838.022 3rd Official misconduct. 4861 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 4862 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 4863 843.021 3rd Possession of a concealed handcuff key by a person in custody. 4864 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 4865 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 4866 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 4867 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 4868 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs). 4869 914.14(2) 3rd Witnesses accepting bribes. 4870 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 4871 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 4872 918.12 3rd Tampering with jurors. 4873 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 4874 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution. 4875 951.22(1)(h),(j), & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility. 4876 4877 (e) LEVEL 5 4878 4879 FloridaStatute FelonyDegree Description 4880 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 4881 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 4882 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently. 4883 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 4884 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 4885 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked. 4886 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy. 4887 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters. 4888 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 4889 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage. 4890 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims. 4891 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums. 4892 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 4893 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 4894 790.01(2) 3rd Carrying a concealed firearm. 4895 790.162 2nd Threat to throw or discharge destructive device. 4896 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner. 4897 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 4898 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 4899 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 4900 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 4901 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 4902 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 4903 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 4904 812.015(8)(a), (c), (d), & (e) 3rd Retail theft; property stolen is valued at $750$300or more and one or more specified acts. 4905 812.019(1) 2nd Stolen property; dealing in or trafficking in. 4906 812.131(2)(b) 3rd Robbery by sudden snatching. 4907 812.16(2) 3rd Owning, operating, or conducting a chop shop. 4908 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 4909 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 4910 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity. 4911 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons. 4912 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents. 4913 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder. 4914 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 4915 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. 4916 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child. 4917 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 4918 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death. 4919 843.01 3rd Resist officer with violence to person; resist arrest with violence. 4920 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 4921 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment. 4922 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 4923 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 4924 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 4925 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs). 4926 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 4927 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university. 4928 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. 4929 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility. 4930 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance. 4931 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 4932 4933 (f) LEVEL 6 4934 4935 FloridaStatute FelonyDegree Description 4936 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 4937 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 4938 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 4939 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement. 4940 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 4941 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 4942 775.0875(1) 3rd Taking firearm from law enforcement officer. 4943 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 4944 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 4945 784.041 3rd Felony battery; domestic battery by strangulation. 4946 784.048(3) 3rd Aggravated stalking; credible threat. 4947 784.048(5) 3rd Aggravated stalking of person under 16. 4948 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 4949 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 4950 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older. 4951 784.081(2) 2nd Aggravated assault on specified official or employee. 4952 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 4953 784.083(2) 2nd Aggravated assault on code inspector. 4954 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 4955 790.115(2)(d) 2nd Discharging firearm or weapon on school property. 4956 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 4957 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. 4958 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 4959 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 4960 794.05(1) 2nd Unlawful sexual activity with specified minor. 4961 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. 4962 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older. 4963 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 4964 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 4965 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense. 4966 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 4967 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 4968 812.015(9)(a) 2nd Retail theft; property stolen $750$300or more; second or subsequent conviction. 4969 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others. 4970 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 4971 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 4972 817.505(4)(b) 2nd Patient brokering; 10 or more patients. 4973 825.102(1) 3rd Abuse of an elderly person or disabled adult. 4974 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 4975 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 4976 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 4977 827.03(2)(c) 3rd Abuse of a child. 4978 827.03(2)(d) 3rd Neglect of a child. 4979 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 4980 836.05 2nd Threats; extortion. 4981 836.10 2nd Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism. 4982 843.12 3rd Aids or assists person to escape. 4983 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 4984 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 4985 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 4986 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 4987 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. 4988 944.40 2nd Escapes. 4989 944.46 3rd Harboring, concealing, aiding escaped prisoners. 4990 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 4991 951.22(1)(i)951.22(1)3rdIntoxicating drug,Firearm,or weapon introduced into county detention facility. 4992 4993 (g) LEVEL 7 4994 4995 FloridaStatute FelonyDegree Description 4996 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 4997 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 4998 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. 4999 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 5000 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 5001 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 5002 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 5003 456.065(2) 3rd Practicing a health care profession without a license. 5004 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 5005 458.327(1) 3rd Practicing medicine without a license. 5006 459.013(1) 3rd Practicing osteopathic medicine without a license. 5007 460.411(1) 3rd Practicing chiropractic medicine without a license. 5008 461.012(1) 3rd Practicing podiatric medicine without a license. 5009 462.17 3rd Practicing naturopathy without a license. 5010 463.015(1) 3rd Practicing optometry without a license. 5011 464.016(1) 3rd Practicing nursing without a license. 5012 465.015(2) 3rd Practicing pharmacy without a license. 5013 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 5014 467.201 3rd Practicing midwifery without a license. 5015 468.366 3rd Delivering respiratory care services without a license. 5016 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 5017 483.901(7) 3rd Practicing medical physics without a license. 5018 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 5019 484.053 3rd Dispensing hearing aids without a license. 5020 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. 5021 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. 5022 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 5023 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 5024 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 5025 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 5026 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 5027 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 5028 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 5029 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 5030 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 5031 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 5032 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 5033 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 5034 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 5035 784.048(7) 3rd Aggravated stalking; violation of court order. 5036 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 5037 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 5038 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 5039 784.081(1) 1st Aggravated battery on specified official or employee. 5040 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 5041 784.083(1) 1st Aggravated battery on code inspector. 5042 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 5043 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. 5044 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 5045 790.16(1) 1st Discharge of a machine gun under specified circumstances. 5046 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 5047 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 5048 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 5049 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 5050 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 5051 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. 5052 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 5053 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 5054 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 5055 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. 5056 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. 5057 806.01(2) 2nd Maliciously damage structure by fire or explosive. 5058 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 5059 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 5060 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 5061 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 5062 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. 5063 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 5064 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 5065 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 5066 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 5067 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 5068 812.131(2)(a) 2nd Robbery by sudden snatching. 5069 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 5070 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 5071 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 5072 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 5073 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 5074 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. 5075 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 5076 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 5077 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 5078 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. 5079 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 5080 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 5081 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 5082 838.015 2nd Bribery. 5083 838.016 2nd Unlawful compensation or reward for official behavior. 5084 838.021(3)(a) 2nd Unlawful harm to a public servant. 5085 838.22 2nd Bid tampering. 5086 843.0855(2) 3rd Impersonation of a public officer or employee. 5087 843.0855(3) 3rd Unlawful simulation of legal process. 5088 843.0855(4) 3rd Intimidation of a public officer or employee. 5089 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 5090 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 5091 872.06 2nd Abuse of a dead human body. 5092 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 5093 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 5094 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. 5095 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. 5096 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 5097 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 5098 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 5099 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 5100 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 2814grams or more, less than 5028grams. 5101 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 5028grams or more, less than 10050grams. 5102 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 5103 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 5104 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams. 5105 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams. 5106 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 5107 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 5108 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 5109 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 5110 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 5111 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 5112 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams. 5113 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams. 5114 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams. 5115 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 5116 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 5117 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 5118 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 5119 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 5120 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 5121 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 5122 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 5123 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 5124 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 5125 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 5126 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 5127 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 5128 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 5129 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 5130 5131 (h) LEVEL 8 5132 5133 FloridaStatute FelonyDegree Description 5134 316.193 (3)(c)3.a. 2nd DUI manslaughter. 5135 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death. 5136 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 5137 499.0051(6) 1st Knowing trafficking in contraband prescription drugs. 5138 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels. 5139 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter. 5140 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000. 5141 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. 5142 777.03(2)(a) 1st Accessory after the fact, capital felony. 5143 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb. 5144 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). 5145 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information. 5146 782.072(2) 1st Committing vessel homicide and failing to render aid or give information. 5147 787.06(3)(a)1. 1st Human trafficking for labor and services of a child. 5148 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult. 5149 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult. 5150 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state. 5151 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state. 5152 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage. 5153 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury. 5154 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury. 5155 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury. 5156 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense. 5157 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state. 5158 800.04(4)(b) 2nd Lewd or lascivious battery. 5159 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense. 5160 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure. 5161 810.02(2)(a) 1st,PBL Burglary with assault or battery. 5162 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon. 5163 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. 5164 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. 5165 812.13(2)(b) 1st Robbery with a weapon. 5166 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon. 5167 817.505(4)(c) 1st Patient brokering; 20 or more patients. 5168 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense. 5169 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee. 5170 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision. 5171 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument. 5172 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18. 5173 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents. 5174 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult. 5175 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult. 5176 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more. 5177 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony. 5178 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony. 5179 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. 5180 860.16 1st Aircraft piracy. 5181 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 5182 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 5183 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 5184 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. 5185 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams. 5186 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams. 5187 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 10050grams or more, less than 300200grams. 5188 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams. 5189 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams. 5190 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams. 5191 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms. 5192 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams. 5193 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. 5194 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. 5195 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. 5196 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. 5197 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms. 5198 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams. 5199 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there. 5200 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity. 5201 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. 5202 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity. 5203 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. 5204 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000. 5205 5206 (i) LEVEL 9 5207 5208 FloridaStatute FelonyDegree Description 5209 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information. 5210 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information. 5211 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more. 5212 499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm. 5213 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. 5214 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. 5215 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution. 5216 775.0844 1st Aggravated white collar crime. 5217 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder. 5218 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies. 5219 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). 5220 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult. 5221 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage. 5222 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony. 5223 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function. 5224 787.02(3)(a) 1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition. 5225 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child. 5226 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien. 5227 787.06(3)(f)1. 1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state. 5228 790.161 1st Attempted capital destructive device offense. 5229 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction. 5230 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age. 5231 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. 5232 794.011(4)(a) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older. 5233 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older. 5234 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years. 5235 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses. 5236 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. 5237 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age. 5238 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. 5239 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon. 5240 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon. 5241 812.135(2)(b) 1st Home-invasion robbery with weapon. 5242 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee. 5243 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision. 5244 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument. 5245 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority. 5246 827.03(2)(a) 1st Aggravated child abuse. 5247 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor. 5248 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor. 5249 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person. 5250 893.135 1st Attempted capital trafficking offense. 5251 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs. 5252 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms. 5253 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. 5254 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 300200grams or more, less than 30 kilograms. 5255 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms. 5256 893.135 (1)(c)4.b.(III) 1st Trafficking in fentanyl, 28 grams or more. 5257 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, 400 grams or more. 5258 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, 25 kilograms or more. 5259 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, 200 grams or more. 5260 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. 5261 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more. 5262 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more. 5263 893.135 (1)(m)2.d. 1st Trafficking in synthetic cannabinoids, 30 kilograms or more. 5264 893.135 (1)(n)2.c. 1st Trafficking in n-benzyl phenethylamines, 200 grams or more. 5265 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000. 5266 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. 5267 5268 (j) LEVEL 10 5269 5270 FloridaStatute FelonyDegree Description 5271 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in death. 5272 782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated. 5273 782.07(3) 1st Aggravated manslaughter of a child. 5274 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim. 5275 787.01(3)(a) Life Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition. 5276 787.06(3)(g) Life Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person. 5277 787.06(4)(a) Life Selling or buying of minors into human trafficking. 5278 794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury. 5279 812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon. 5280 876.32 1st Treason against the state. 5281 5282 Section 82. For the purpose of incorporating the amendment 5283 made by this act to section 322.056, Florida Statutes, in a 5284 reference thereto, subsection (11) of section 322.05, Florida 5285 Statutes, is reenacted to read: 5286 322.05 Persons not to be licensed.—The department may not 5287 issue a license: 5288 (11) To any person who is ineligible under s. 322.056. 5289 Section 83. For the purpose of incorporating the amendment 5290 made by this act to section 322.34, Florida Statutes, in a 5291 reference thereto, paragraph (c) of subsection (2) of section 5292 316.027, Florida Statutes, is reenacted to read: 5293 316.027 Crash involving death or personal injuries.— 5294 (2) 5295 (c) The driver of a vehicle involved in a crash occurring 5296 on public or private property which results in the death of a 5297 person shall immediately stop the vehicle at the scene of the 5298 crash, or as close thereto as possible, and shall remain at the 5299 scene of the crash until he or she has fulfilled the 5300 requirements of s. 316.062. A person who is arrested for a 5301 violation of this paragraph and who has previously been 5302 convicted of a violation of this section, s. 316.061, s. 5303 316.191, or s. 316.193, or a felony violation of s. 322.34, 5304 shall be held in custody until brought before the court for 5305 admittance to bail in accordance with chapter 903. A person who 5306 willfully violates this paragraph commits a felony of the first 5307 degree, punishable as provided in s. 775.082, s. 775.083, or s. 5308 775.084, and shall be sentenced to a mandatory minimum term of 5309 imprisonment of 4 years. A person who willfully commits such a 5310 violation while driving under the influence as set forth in s. 5311 316.193(1) shall be sentenced to a mandatory minimum term of 5312 imprisonment of 4 years. 5313 Section 84. For the purpose of incorporating the amendment 5314 made by this act to section 322.34, Florida Statutes, in a 5315 reference thereto, paragraph (c) of subsection (4) of section 5316 907.041, Florida Statutes, is reenacted to read: 5317 907.041 Pretrial detention and release.— 5318 (4) PRETRIAL DETENTION.— 5319 (c) The court may order pretrial detention if it finds a 5320 substantial probability, based on a defendant’s past and present 5321 patterns of behavior, the criteria in s. 903.046, and any other 5322 relevant facts, that any of the following circumstances exist: 5323 1. The defendant has previously violated conditions of 5324 release and that no further conditions of release are reasonably 5325 likely to assure the defendant’s appearance at subsequent 5326 proceedings; 5327 2. The defendant, with the intent to obstruct the judicial 5328 process, has threatened, intimidated, or injured any victim, 5329 potential witness, juror, or judicial officer, or has attempted 5330 or conspired to do so, and that no condition of release will 5331 reasonably prevent the obstruction of the judicial process; 5332 3. The defendant is charged with trafficking in controlled 5333 substances as defined by s. 893.135, that there is a substantial 5334 probability that the defendant has committed the offense, and 5335 that no conditions of release will reasonably assure the 5336 defendant’s appearance at subsequent criminal proceedings; 5337 4. The defendant is charged with DUI manslaughter, as 5338 defined by s. 316.193, and that there is a substantial 5339 probability that the defendant committed the crime and that the 5340 defendant poses a threat of harm to the community; conditions 5341 that would support a finding by the court pursuant to this 5342 subparagraph that the defendant poses a threat of harm to the 5343 community include, but are not limited to, any of the following: 5344 a. The defendant has previously been convicted of any crime 5345 under s. 316.193, or of any crime in any other state or 5346 territory of the United States that is substantially similar to 5347 any crime under s. 316.193; 5348 b. The defendant was driving with a suspended driver 5349 license when the charged crime was committed; or 5350 c. The defendant has previously been found guilty of, or 5351 has had adjudication of guilt withheld for, driving while the 5352 defendant’s driver license was suspended or revoked in violation 5353 of s. 322.34; 5354 5. The defendant poses the threat of harm to the community. 5355 The court may so conclude, if it finds that the defendant is 5356 presently charged with a dangerous crime, that there is a 5357 substantial probability that the defendant committed such crime, 5358 that the factual circumstances of the crime indicate a disregard 5359 for the safety of the community, and that there are no 5360 conditions of release reasonably sufficient to protect the 5361 community from the risk of physical harm to persons; 5362 6. The defendant was on probation, parole, or other release 5363 pending completion of sentence or on pretrial release for a 5364 dangerous crime at the time the current offense was committed; 5365 7. The defendant has violated one or more conditions of 5366 pretrial release or bond for the offense currently before the 5367 court and the violation, in the discretion of the court, 5368 supports a finding that no conditions of release can reasonably 5369 protect the community from risk of physical harm to persons or 5370 assure the presence of the accused at trial; or 5371 8.a. The defendant has ever been sentenced pursuant to s. 5372 775.082(9) or s. 775.084 as a prison releasee reoffender, 5373 habitual violent felony offender, three-time violent felony 5374 offender, or violent career criminal, or the state attorney 5375 files a notice seeking that the defendant be sentenced pursuant 5376 to s. 775.082(9) or s. 775.084, as a prison releasee reoffender, 5377 habitual violent felony offender, three-time violent felony 5378 offender, or violent career criminal; 5379 b. There is a substantial probability that the defendant 5380 committed the offense; and 5381 c. There are no conditions of release that can reasonably 5382 protect the community from risk of physical harm or ensure the 5383 presence of the accused at trial. 5384 Section 85. For the purpose of incorporating the amendment 5385 made by this act to section 509.151, Florida Statutes, in a 5386 reference thereto, section 509.161, Florida Statutes, is 5387 reenacted to read: 5388 509.161 Rules of evidence in prosecutions.—In prosecutions 5389 under s. 509.151, proof that lodging, food, or other 5390 accommodations were obtained by false pretense; by false or 5391 fictitious show of baggage or other property; by absconding 5392 without paying or offering to pay for such food, lodging, or 5393 accommodations; or by surreptitiously removing or attempting to 5394 remove baggage shall constitute prima facie evidence of 5395 fraudulent intent. If the operator of the establishment has 5396 probable cause to believe, and does believe, that any person has 5397 obtained food, lodging, or other accommodations at such 5398 establishment with intent to defraud the operator thereof, the 5399 failure to make payment upon demand therefor, there being no 5400 dispute as to the amount owed, shall constitute prima facie 5401 evidence of fraudulent intent in such prosecutions. 5402 Section 86. For the purpose of incorporating the amendment 5403 made by this act to section 784.048, Florida Statutes, in a 5404 reference thereto, paragraph (c) of subsection (2) of section 5405 790.065, Florida Statutes, is reenacted to read: 5406 790.065 Sale and delivery of firearms.— 5407 (2) Upon receipt of a request for a criminal history record 5408 check, the Department of Law Enforcement shall, during the 5409 licensee’s call or by return call, forthwith: 5410 (c)1. Review any records available to it to determine 5411 whether the potential buyer or transferee has been indicted or 5412 has had an information filed against her or him for an offense 5413 that is a felony under either state or federal law, or, as 5414 mandated by federal law, has had an injunction for protection 5415 against domestic violence entered against the potential buyer or 5416 transferee under s. 741.30, has had an injunction for protection 5417 against repeat violence entered against the potential buyer or 5418 transferee under s. 784.046, or has been arrested for a 5419 dangerous crime as specified in s. 907.041(4)(a) or for any of 5420 the following enumerated offenses: 5421 a. Criminal anarchy under ss. 876.01 and 876.02. 5422 b. Extortion under s. 836.05. 5423 c. Explosives violations under s. 552.22(1) and (2). 5424 d. Controlled substances violations under chapter 893. 5425 e. Resisting an officer with violence under s. 843.01. 5426 f. Weapons and firearms violations under this chapter. 5427 g. Treason under s. 876.32. 5428 h. Assisting self-murder under s. 782.08. 5429 i. Sabotage under s. 876.38. 5430 j. Stalking or aggravated stalking under s. 784.048. 5431 5432 If the review indicates any such indictment, information, or 5433 arrest, the department shall provide to the licensee a 5434 conditional nonapproval number. 5435 2. Within 24 working hours, the department shall determine 5436 the disposition of the indictment, information, or arrest and 5437 inform the licensee as to whether the potential buyer is 5438 prohibited from receiving or possessing a firearm. For purposes 5439 of this paragraph, “working hours” means the hours from 8 a.m. 5440 to 5 p.m. Monday through Friday, excluding legal holidays. 5441 3. The office of the clerk of court, at no charge to the 5442 department, shall respond to any department request for data on 5443 the disposition of the indictment, information, or arrest as 5444 soon as possible, but in no event later than 8 working hours. 5445 4. The department shall determine as quickly as possible 5446 within the allotted time period whether the potential buyer is 5447 prohibited from receiving or possessing a firearm. 5448 5. If the potential buyer is not so prohibited, or if the 5449 department cannot determine the disposition information within 5450 the allotted time period, the department shall provide the 5451 licensee with a conditional approval number. 5452 6. If the buyer is so prohibited, the conditional 5453 nonapproval number shall become a nonapproval number. 5454 7. The department shall continue its attempts to obtain the 5455 disposition information and may retain a record of all approval 5456 numbers granted without sufficient disposition information. If 5457 the department later obtains disposition information which 5458 indicates: 5459 a. That the potential buyer is not prohibited from owning a 5460 firearm, it shall treat the record of the transaction in 5461 accordance with this section; or 5462 b. That the potential buyer is prohibited from owning a 5463 firearm, it shall immediately revoke the conditional approval 5464 number and notify local law enforcement. 5465 8. During the time that disposition of the indictment, 5466 information, or arrest is pending and until the department is 5467 notified by the potential buyer that there has been a final 5468 disposition of the indictment, information, or arrest, the 5469 conditional nonapproval number shall remain in effect. 5470 Section 87. For the purpose of incorporating the amendment 5471 made by this act to section 784.048, Florida Statutes, in a 5472 reference thereto, subsection (1) of section 794.056, Florida 5473 Statutes, is reenacted to read: 5474 794.056 Rape Crisis Program Trust Fund.— 5475 (1) The Rape Crisis Program Trust Fund is created within 5476 the Department of Health for the purpose of providing funds for 5477 rape crisis centers in this state. Trust fund moneys shall be 5478 used exclusively for the purpose of providing services for 5479 victims of sexual assault. Funds credited to the trust fund 5480 consist of those funds collected as an additional court 5481 assessment in each case in which a defendant pleads guilty or 5482 nolo contendere to, or is found guilty of, regardless of 5483 adjudication, an offense provided in s. 775.21(6) and (10)(a), 5484 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 5485 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 5486 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s. 5487 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; 5488 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 5489 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 5490 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s. 5491 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 5492 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), 5493 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust 5494 fund also shall include revenues provided by law, moneys 5495 appropriated by the Legislature, and grants from public or 5496 private entities. 5497 Section 88. For the purpose of incorporating the amendment 5498 made by this act to section 784.048, Florida Statutes, in a 5499 reference thereto, subsection (4) of section 847.0141, Florida 5500 Statutes, is reenacted to read: 5501 847.0141 Sexting; prohibited acts; penalties.— 5502 (4) This section does not prohibit the prosecution of a 5503 minor for a violation of any law of this state if the photograph 5504 or video that depicts nudity also includes the depiction of 5505 sexual conduct or sexual excitement, and does not prohibit the 5506 prosecution of a minor for stalking under s. 784.048. 5507 Section 89. For the purpose of incorporating the amendment 5508 made by this act to section 784.048, Florida Statutes, in a 5509 reference thereto, subsection (5) of section 901.41, Florida 5510 Statutes, is reenacted to read: 5511 901.41 Prearrest diversion programs.— 5512 (5) ELIGIBILITY.—A violent misdemeanor, a misdemeanor crime 5513 of domestic violence, as defined in s. 741.28, or a misdemeanor 5514 under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048, 5515 s. 784.0487, or s. 784.049 does not qualify for a civil citation 5516 or prearrest diversion program. 5517 Section 90. For the purpose of incorporating the amendment 5518 made by this act to section 784.048, Florida Statutes, in a 5519 reference thereto, section 938.08, Florida Statutes, is 5520 reenacted to read: 5521 938.08 Additional cost to fund programs in domestic 5522 violence.—In addition to any sanction imposed for a violation of 5523 s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 5524 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s. 5525 784.083, s. 784.085, s. 794.011, or for any offense of domestic 5526 violence described in s. 741.28, the court shall impose a 5527 surcharge of $201. Payment of the surcharge shall be a condition 5528 of probation, community control, or any other court-ordered 5529 supervision. The sum of $85 of the surcharge shall be deposited 5530 into the Domestic Violence Trust Fund established in s. 741.01. 5531 The clerk of the court shall retain $1 of each surcharge that 5532 the clerk of the court collects as a service charge of the 5533 clerk’s office. The remainder of the surcharge shall be provided 5534 to the governing board of the county and must be used only to 5535 defray the costs of incarcerating persons sentenced under s. 5536 741.283 and provide additional training to law enforcement 5537 personnel in combating domestic violence. 5538 Section 91. For the purpose of incorporating the amendment 5539 made by this act to section 784.048, Florida Statutes, in a 5540 reference thereto, section 938.085, Florida Statutes, is 5541 reenacted to read: 5542 938.085 Additional cost to fund rape crisis centers.—In 5543 addition to any sanction imposed when a person pleads guilty or 5544 nolo contendere to, or is found guilty of, regardless of 5545 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and 5546 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045; 5547 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 5548 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s. 5549 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 5550 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 5551 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 5552 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s. 5553 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 5554 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and 5555 (14)(c); or s. 985.701(1), the court shall impose a surcharge of 5556 $151. Payment of the surcharge shall be a condition of 5557 probation, community control, or any other court-ordered 5558 supervision. The sum of $150 of the surcharge shall be deposited 5559 into the Rape Crisis Program Trust Fund established within the 5560 Department of Health by chapter 2003-140, Laws of Florida. The 5561 clerk of the court shall retain $1 of each surcharge that the 5562 clerk of the court collects as a service charge of the clerk’s 5563 office. 5564 Section 92. For the purpose of incorporating the amendment 5565 made by this act to section 784.048, Florida Statutes, in a 5566 reference thereto, paragraph (c) of subsection (8) of section 5567 948.06, Florida Statutes, is reenacted to read: 5568 948.06 Violation of probation or community control; 5569 revocation; modification; continuance; failure to pay 5570 restitution or cost of supervision.— 5571 (8) 5572 (c) For purposes of this section, the term “qualifying 5573 offense” means any of the following: 5574 1. Kidnapping or attempted kidnapping under s. 787.01, 5575 false imprisonment of a child under the age of 13 under s. 5576 787.02(3), or luring or enticing a child under s. 787.025(2)(b) 5577 or (c). 5578 2. Murder or attempted murder under s. 782.04, attempted 5579 felony murder under s. 782.051, or manslaughter under s. 782.07. 5580 3. Aggravated battery or attempted aggravated battery under 5581 s. 784.045. 5582 4. Sexual battery or attempted sexual battery under s. 5583 794.011(2), (3), (4), or (8)(b) or (c). 5584 5. Lewd or lascivious battery or attempted lewd or 5585 lascivious battery under s. 800.04(4), lewd or lascivious 5586 molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious 5587 conduct under s. 800.04(6)(b), lewd or lascivious exhibition 5588 under s. 800.04(7)(b), or lewd or lascivious exhibition on 5589 computer under s. 847.0135(5)(b). 5590 6. Robbery or attempted robbery under s. 812.13, carjacking 5591 or attempted carjacking under s. 812.133, or home invasion 5592 robbery or attempted home invasion robbery under s. 812.135. 5593 7. Lewd or lascivious offense upon or in the presence of an 5594 elderly or disabled person or attempted lewd or lascivious 5595 offense upon or in the presence of an elderly or disabled person 5596 under s. 825.1025. 5597 8. Sexual performance by a child or attempted sexual 5598 performance by a child under s. 827.071. 5599 9. Computer pornography under s. 847.0135(2) or (3), 5600 transmission of child pornography under s. 847.0137, or selling 5601 or buying of minors under s. 847.0145. 5602 10. Poisoning food or water under s. 859.01. 5603 11. Abuse of a dead human body under s. 872.06. 5604 12. Any burglary offense or attempted burglary offense that 5605 is either a first degree felony or second degree felony under s. 5606 810.02(2) or (3). 5607 13. Arson or attempted arson under s. 806.01(1). 5608 14. Aggravated assault under s. 784.021. 5609 15. Aggravated stalking under s. 784.048(3), (4), (5), or 5610 (7). 5611 16. Aircraft piracy under s. 860.16. 5612 17. Unlawful throwing, placing, or discharging of a 5613 destructive device or bomb under s. 790.161(2), (3), or (4). 5614 18. Treason under s. 876.32. 5615 19. Any offense committed in another jurisdiction which 5616 would be an offense listed in this paragraph if that offense had 5617 been committed in this state. 5618 Section 93. For the purpose of incorporating the amendment 5619 made by this act to section 784.048, Florida Statutes, in a 5620 reference thereto, subsection (1) of section 948.062, Florida 5621 Statutes, is reenacted to read: 5622 948.062 Reviewing and reporting serious offenses committed 5623 by offenders placed on probation or community control.— 5624 (1) The department shall review the circumstances related 5625 to an offender placed on probation or community control who has 5626 been arrested while on supervision for the following offenses: 5627 (a) Any murder as provided in s. 782.04; 5628 (b) Any sexual battery as provided in s. 794.011 or s. 5629 794.023; 5630 (c) Any sexual performance by a child as provided in s. 5631 827.071; 5632 (d) Any kidnapping, false imprisonment, or luring of a 5633 child as provided in s. 787.01, s. 787.02, or s. 787.025; 5634 (e) Any lewd and lascivious battery or lewd and lascivious 5635 molestation as provided in s. 800.04(4) or (5); 5636 (f) Any aggravated child abuse as provided in s. 5637 827.03(2)(a); 5638 (g) Any robbery with a firearm or other deadly weapon, home 5639 invasion robbery, or carjacking as provided in s. 812.13(2)(a), 5640 s. 812.135, or s. 812.133; 5641 (h) Any aggravated stalking as provided in s. 784.048(3), 5642 (4), or (5); 5643 (i) Any forcible felony as provided in s. 776.08, committed 5644 by a person on probation or community control who is designated 5645 as a sexual predator; or 5646 (j) Any DUI manslaughter as provided in s. 316.193(3)(c), 5647 or vehicular or vessel homicide as provided in s. 782.071 or s. 5648 782.072, committed by a person who is on probation or community 5649 control for an offense involving death or injury resulting from 5650 a driving incident. 5651 Section 94. For the purpose of incorporating the amendment 5652 made by this act to section 784.048, Florida Statutes, in a 5653 reference thereto, paragraph (b) of subsection (1) of section 5654 960.001, Florida Statutes, is reenacted to read: 5655 960.001 Guidelines for fair treatment of victims and 5656 witnesses in the criminal justice and juvenile justice systems.— 5657 (1) The Department of Legal Affairs, the state attorneys, 5658 the Department of Corrections, the Department of Juvenile 5659 Justice, the Florida Commission on Offender Review, the State 5660 Courts Administrator and circuit court administrators, the 5661 Department of Law Enforcement, and every sheriff’s department, 5662 police department, or other law enforcement agency as defined in 5663 s. 943.10(4) shall develop and implement guidelines for the use 5664 of their respective agencies, which guidelines are consistent 5665 with the purposes of this act and s. 16(b), Art. I of the State 5666 Constitution and are designed to implement s. 16(b), Art. I of 5667 the State Constitution and to achieve the following objectives: 5668 (b) Information for purposes of notifying victim or 5669 appropriate next of kin of victim or other designated contact of 5670 victim.—In the case of a homicide, pursuant to chapter 782; or a 5671 sexual offense, pursuant to chapter 794; or an attempted murder 5672 or sexual offense, pursuant to chapter 777; or stalking, 5673 pursuant to s. 784.048; or domestic violence, pursuant to s. 5674 25.385: 5675 1. The arresting law enforcement officer or personnel of an 5676 organization that provides assistance to a victim or to the 5677 appropriate next of kin of the victim or other designated 5678 contact must request that the victim or appropriate next of kin 5679 of the victim or other designated contact complete a victim 5680 notification card. However, the victim or appropriate next of 5681 kin of the victim or other designated contact may choose not to 5682 complete the victim notification card. 5683 2. Unless the victim or the appropriate next of kin of the 5684 victim or other designated contact waives the option to complete 5685 the victim notification card, a copy of the victim notification 5686 card must be filed with the incident report or warrant in the 5687 sheriff’s office of the jurisdiction in which the incident 5688 report or warrant originated. The notification card shall, at a 5689 minimum, consist of: 5690 a. The name, address, and phone number of the victim; or 5691 b. The name, address, and phone number of the appropriate 5692 next of kin of the victim; or 5693 c. The name, address, and telephone number of a designated 5694 contact other than the victim or appropriate next of kin of the 5695 victim; and 5696 d. Any relevant identification or case numbers assigned to 5697 the case. 5698 3. The chief administrator, or a person designated by the 5699 chief administrator, of a county jail, municipal jail, juvenile 5700 detention facility, or residential commitment facility shall 5701 make a reasonable attempt to notify the alleged victim or 5702 appropriate next of kin of the alleged victim or other 5703 designated contact within 4 hours following the release of the 5704 defendant on bail or, in the case of a juvenile offender, upon 5705 the release from residential detention or commitment. If the 5706 chief administrator, or designee, is unable to contact the 5707 alleged victim or appropriate next of kin of the alleged victim 5708 or other designated contact by telephone, the chief 5709 administrator, or designee, must send to the alleged victim or 5710 appropriate next of kin of the alleged victim or other 5711 designated contact a written notification of the defendant’s 5712 release. 5713 4. Unless otherwise requested by the victim or the 5714 appropriate next of kin of the victim or other designated 5715 contact, the information contained on the victim notification 5716 card must be sent by the chief administrator, or designee, of 5717 the appropriate facility to the subsequent correctional or 5718 residential commitment facility following the sentencing and 5719 incarceration of the defendant, and unless otherwise requested 5720 by the victim or the appropriate next of kin of the victim or 5721 other designated contact, he or she must be notified of the 5722 release of the defendant from incarceration as provided by law. 5723 5. If the defendant was arrested pursuant to a warrant 5724 issued or taken into custody pursuant to s. 985.101 in a 5725 jurisdiction other than the jurisdiction in which the defendant 5726 is being released, and the alleged victim or appropriate next of 5727 kin of the alleged victim or other designated contact does not 5728 waive the option for notification of release, the chief 5729 correctional officer or chief administrator of the facility 5730 releasing the defendant shall make a reasonable attempt to 5731 immediately notify the chief correctional officer of the 5732 jurisdiction in which the warrant was issued or the juvenile was 5733 taken into custody pursuant to s. 985.101, and the chief 5734 correctional officer of that jurisdiction shall make a 5735 reasonable attempt to notify the alleged victim or appropriate 5736 next of kin of the alleged victim or other designated contact, 5737 as provided in this paragraph, that the defendant has been or 5738 will be released. 5739 Section 95. For the purpose of incorporating the amendment 5740 made by this act to section 784.048, Florida Statutes, in a 5741 reference thereto, paragraph (b) of subsection (3) of section 5742 985.265, Florida Statutes, is reenacted to read: 5743 985.265 Detention transfer and release; education; adult 5744 jails.— 5745 (3) 5746 (b) When a juvenile is released from secure detention or 5747 transferred to nonsecure detention, detention staff shall 5748 immediately notify the appropriate law enforcement agency, 5749 school personnel, and victim if the juvenile is charged with 5750 committing any of the following offenses or attempting to commit 5751 any of the following offenses: 5752 1. Murder, under s. 782.04; 5753 2. Sexual battery, under chapter 794; 5754 3. Stalking, under s. 784.048; or 5755 4. Domestic violence, as defined in s. 741.28. 5756 Section 96. For the purpose of incorporating the amendment 5757 made by this act to section 784.048, Florida Statutes, in a 5758 reference thereto, paragraph (e) of subsection (3) of section 5759 1006.147, Florida Statutes, is reenacted to read: 5760 1006.147 Bullying and harassment prohibited.— 5761 (3) For purposes of this section: 5762 (e) Definitions in s. 815.03 and the definition in s. 5763 784.048(1)(d) relating to stalking are applicable to this 5764 section. 5765 Section 97. For the purpose of incorporating the amendment 5766 made by this act to section 806.13, Florida Statutes, in a 5767 reference thereto, subsection (1) of section 316.0775, Florida 5768 Statutes, is reenacted to read: 5769 316.0775 Interference with official traffic control devices 5770 or railroad signs or signals.— 5771 (1) A person may not, without lawful authority, attempt to 5772 or in fact alter, deface, injure, knock down, or remove any 5773 official traffic control device or any railroad sign or signal 5774 or any inscription, shield, or insignia thereon, or any other 5775 part thereof. A violation of this subsection is a criminal 5776 violation pursuant to s. 318.17 and shall be punishable as set 5777 forth in s. 806.13 related to criminal mischief and graffiti, 5778 beginning on or after July 1, 2000. 5779 Section 98. For the purpose of incorporating the amendment 5780 made by this act to section 812.014, Florida Statutes, in a 5781 reference thereto, subsection (10) of section 95.18, Florida 5782 Statutes, is reenacted to read: 5783 95.18 Real property actions; adverse possession without 5784 color of title.— 5785 (10) A person who occupies or attempts to occupy a 5786 residential structure solely by claim of adverse possession 5787 under this section and offers the property for lease to another 5788 commits theft under s. 812.014. 5789 Section 99. For the purpose of incorporating the amendment 5790 made by this act to section 812.014, Florida Statutes, in a 5791 reference thereto, paragraph (c) of subsection (3) of section 5792 373.6055, Florida Statutes, is reenacted to read: 5793 373.6055 Criminal history checks for certain water 5794 management district employees and others.— 5795 (3) 5796 (c) In addition to other requirements for employment or 5797 access established by any water management district pursuant to 5798 its water management district’s security plan for buildings, 5799 facilities, and structures, each water management district’s 5800 security plan shall provide that: 5801 1. Any person who has within the past 7 years been 5802 convicted, regardless of whether adjudication was withheld, for 5803 a forcible felony as defined in s. 776.08; an act of terrorism 5804 as defined in s. 775.30; planting of a hoax bomb as provided in 5805 s. 790.165; any violation involving the manufacture, possession, 5806 sale, delivery, display, use, or attempted or threatened use of 5807 a weapon of mass destruction or hoax weapon of mass destruction 5808 as provided in s. 790.166; dealing in stolen property; any 5809 violation of s. 893.135; any violation involving the sale, 5810 manufacturing, delivery, or possession with intent to sell, 5811 manufacture, or deliver a controlled substance; burglary; 5812 robbery; any felony violation of s. 812.014; any violation of s. 5813 790.07; any crime an element of which includes use or possession 5814 of a firearm; any conviction for any similar offenses under the 5815 laws of another jurisdiction; or conviction for conspiracy to 5816 commit any of the listed offenses may not be qualified for 5817 initial employment within or authorized regular access to 5818 buildings, facilities, or structures defined in the water 5819 management district’s security plan as restricted access areas. 5820 2. Any person who has at any time been convicted of any of 5821 the offenses listed in subparagraph 1. may not be qualified for 5822 initial employment within or authorized regular access to 5823 buildings, facilities, or structures defined in the water 5824 management district’s security plan as restricted access areas 5825 unless, after release from incarceration and any supervision 5826 imposed as a sentence, the person remained free from a 5827 subsequent conviction, regardless of whether adjudication was 5828 withheld, for any of the listed offenses for a period of at 5829 least 7 years prior to the employment or access date under 5830 consideration. 5831 Section 100. For the purpose of incorporating the amendment 5832 made by this act to section 812.014, Florida Statutes, in a 5833 reference thereto, subsection (3) of section 400.9935, Florida 5834 Statutes, is reenacted to read: 5835 400.9935 Clinic responsibilities.— 5836 (3) A charge or reimbursement claim made by or on behalf of 5837 a clinic that is required to be licensed under this part but 5838 that is not so licensed, or that is otherwise operating in 5839 violation of this part, regardless of whether a service is 5840 rendered or whether the charge or reimbursement claim is paid, 5841 is an unlawful charge and is noncompensable and unenforceable. A 5842 person who knowingly makes or causes to be made an unlawful 5843 charge commits theft within the meaning of and punishable as 5844 provided in s. 812.014. 5845 Section 101. For the purpose of incorporating the amendment 5846 made by this act to section 812.014, Florida Statutes, in a 5847 reference thereto, subsection (10) of section 550.6305, Florida 5848 Statutes, is reenacted to read: 5849 550.6305 Intertrack wagering; guest track payments; 5850 accounting rules.— 5851 (10) All races or games conducted at a permitholder’s 5852 facility, all broadcasts of such races or games, and all 5853 broadcast rights relating thereto are owned by the permitholder 5854 at whose facility such races or games are conducted and 5855 constitute the permitholder’s property as defined in s. 5856 812.012(4). Transmission, reception of a transmission, 5857 exhibition, use, or other appropriation of such races or games, 5858 broadcasts of such races or games, or broadcast rights relating 5859 thereto without the written consent of the permitholder 5860 constitutes a theft of such property under s. 812.014; and in 5861 addition to the penal sanctions contained in s. 812.014, the 5862 permitholder has the right to avail itself of the civil remedies 5863 specified in ss. 772.104, 772.11, and 812.035 in addition to any 5864 other remedies available under applicable state or federal law. 5865 Section 102. For the purpose of incorporating the amendment 5866 made by this act to section 812.014, Florida Statutes, in a 5867 reference thereto, subsection (2) of section 627.743, Florida 5868 Statutes, is reenacted to read: 5869 627.743 Payment of third-party claims.— 5870 (2) When making any payment on a third party claim for 5871 damage to an automobile for a partial loss, the insurer shall 5872 have printed on the loss estimate, if prepared by the insurer, 5873 the following: “Failure to use the insurance proceeds in 5874 accordance with the security agreement, if any, could be a 5875 violation of s. 812.014, Florida Statutes. If you have any 5876 questions, contact your lending institution.” However, this 5877 subsection does not apply if the insurer does not prepare the 5878 loss estimate. 5879 Section 103. For the purpose of incorporating the amendment 5880 made by this act to section 812.014, Florida Statutes, in a 5881 reference thereto, subsection (2) of section 634.421, Florida 5882 Statutes, is reenacted to read: 5883 634.421 Reporting and accounting for funds.— 5884 (2) Any sales representative who, not being entitled 5885 thereto, diverts or appropriates funds or any portion thereof to 5886 her or his own use commits theft as provided in s. 812.014. 5887 Section 104. For the purpose of incorporating the amendment 5888 made by this act to section 812.014, Florida Statutes, in a 5889 reference thereto, subsection (2) of section 642.038, Florida 5890 Statutes, is reenacted to read: 5891 642.038 Reporting and accounting for funds.— 5892 (2) Any sales representative who, not being entitled 5893 thereto, diverts or appropriates such funds or any portion 5894 thereof to his or her own use commits theft as provided in s. 5895 812.014. 5896 Section 105. For the purpose of incorporating the amendment 5897 made by this act to section 812.014, Florida Statutes, in a 5898 reference thereto, subsection (4) of section 705.102, Florida 5899 Statutes, is reenacted to read: 5900 705.102 Reporting lost or abandoned property.— 5901 (4) Any person who unlawfully appropriates such lost or 5902 abandoned property to his or her own use or refuses to deliver 5903 such property when required commits theft as defined in s. 5904 812.014, punishable as provided in s. 775.082, s. 775.083, or s. 5905 775.084. 5906 Section 106. For the purpose of incorporating the amendment 5907 made by this act to section 812.014, Florida Statutes, in a 5908 reference thereto, subsection (7) of section 812.14, Florida 5909 Statutes, is reenacted to read: 5910 812.14 Trespass and larceny with relation to utility 5911 fixtures; theft of utility services.— 5912 (7) An owner, lessor, or sublessor who willfully violates 5913 subsection (5) commits a misdemeanor of the first degree, 5914 punishable as provided in s. 775.082 or s. 775.083. Prosecution 5915 for a violation of subsection (5) does not preclude prosecution 5916 for theft pursuant to subsection (8) or s. 812.014. 5917 Section 107. For the purpose of incorporating the amendment 5918 made by this act to section 812.014, Florida Statutes, in a 5919 reference thereto, subsection (3) of section 893.138, Florida 5920 Statutes, is reenacted to read: 5921 893.138 Local administrative action to abate drug-related, 5922 prostitution-related, or stolen-property-related public 5923 nuisances and criminal gang activity.— 5924 (3) Any pain-management clinic, as described in s. 458.3265 5925 or s. 459.0137, which has been used on more than two occasions 5926 within a 6-month period as the site of a violation of: 5927 (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045, 5928 relating to assault and battery; 5929 (b) Section 810.02, relating to burglary; 5930 (c) Section 812.014, relating to theft; 5931 (d) Section 812.131, relating to robbery by sudden 5932 snatching; or 5933 (e) Section 893.13, relating to the unlawful distribution 5934 of controlled substances, 5935 5936 may be declared to be a public nuisance, and such nuisance may 5937 be abated pursuant to the procedures provided in this section. 5938 Section 108. For the purpose of incorporating the amendment 5939 made by this act to section 812.015, Florida Statutes, in a 5940 reference thereto, subsection (5) of section 538.09, Florida 5941 Statutes, is reenacted to read: 5942 538.09 Registration.— 5943 (5) In addition to the fine provided in subsection (4), 5944 registration under this section may be denied or any 5945 registration granted may be revoked, restricted, or suspended by 5946 the department if the department determines that the applicant 5947 or registrant: 5948 (a) Has violated any provision of this chapter or any rule 5949 or order made pursuant to this chapter; 5950 (b) Has made a material false statement in the application 5951 for registration; 5952 (c) Has been guilty of a fraudulent act in connection with 5953 any purchase or sale or has been or is engaged in or is about to 5954 engage in any practice, purchase, or sale which is fraudulent or 5955 in violation of the law; 5956 (d) Has made a misrepresentation or false statement to, or 5957 concealed any essential or material fact from, any person in 5958 making any purchase or sale; 5959 (e) Is making purchases or sales through any business 5960 associate not registered in compliance with the provisions of 5961 this chapter; 5962 (f) Has, within the preceding 10-year period for new 5963 registrants who apply for registration on or after October 1, 5964 2006, been convicted of, or has entered a plea of guilty or nolo 5965 contendere to, or had adjudication withheld for, a crime against 5966 the laws of this state or any other state or of the United 5967 States which relates to registration as a secondhand dealer or 5968 which involves theft, larceny, dealing in stolen property, 5969 receiving stolen property, burglary, embezzlement, obtaining 5970 property by false pretenses, possession of altered property, any 5971 felony drug offense, any violation of s. 812.015, or any 5972 fraudulent dealing; 5973 (g) Has had a final judgment entered against her or him in 5974 a civil action upon grounds of fraud, embezzlement, 5975 misrepresentation, or deceit; or 5976 (h) Has failed to pay any sales tax owed to the Department 5977 of Revenue. 5978 5979 In the event the department determines to deny an application or 5980 revoke a registration, it shall enter a final order with its 5981 findings on the register of secondhand dealers and their 5982 business associates, if any; and denial, suspension, or 5983 revocation of the registration of a secondhand dealer shall also 5984 deny, suspend, or revoke the registration of such secondhand 5985 dealer’s business associates. 5986 Section 109. For the purpose of incorporating the amendment 5987 made by this act to section 812.015, Florida Statutes, in a 5988 reference thereto, subsection (2) of section 538.23, Florida 5989 Statutes, is reenacted to read: 5990 538.23 Violations and penalties.— 5991 (2) A secondary metals recycler is presumed to know upon 5992 receipt of stolen regulated metals property in a purchase 5993 transaction that the regulated metals property has been stolen 5994 from another if the secondary metals recycler knowingly and 5995 intentionally fails to maintain the information required in s. 5996 538.19 and shall, upon conviction of a violation of s. 812.015, 5997 be punished as provided in s. 812.014(2) or (3). 5998 Section 110. For the purpose of incorporating the amendment 5999 made by this act to section 815.03, Florida Statutes, in a 6000 reference thereto, paragraph (e) of subsection (3) of section 6001 1006.147, Florida Statutes, is reenacted to read: 6002 1006.147 Bullying and harassment prohibited.— 6003 (3) For purposes of this section: 6004 (e) Definitions in s. 815.03 and the definition in s. 6005 784.048(1)(d) relating to stalking are applicable to this 6006 section. 6007 Section 111. For the purpose of incorporating the amendment 6008 made by this act to section 815.06, Florida Statutes, in a 6009 reference thereto, subsection (2) of section 316.80, Florida 6010 Statutes, is reenacted to read: 6011 316.80 Unlawful conveyance of fuel; obtaining fuel 6012 fraudulently.— 6013 (2) A person who violates subsection (1) commits a felony 6014 of the second degree, punishable as provided in s. 775.082, s. 6015 775.083, or s. 775.084, if he or she has attempted to or has 6016 fraudulently obtained motor or diesel fuel by: 6017 (a) Presenting a credit card or a credit card account 6018 number in violation of ss. 817.57-817.685; 6019 (b) Using unauthorized access to any computer network in 6020 violation of s. 815.06; or 6021 (c) Using a fraudulently scanned or lost or stolen payment 6022 access device, whether credit card or contactless device. 6023 Section 112. For the purpose of incorporating the amendment 6024 made by this act to section 815.06, Florida Statutes, in 6025 references thereto, subsections (1) and (2) of section 775.30, 6026 Florida Statutes, are reenacted to read: 6027 775.30 Terrorism; defined; penalties.— 6028 (1) As used in this chapter and the Florida Criminal Code, 6029 the terms “terrorism” or “terrorist activity” mean an activity 6030 that: 6031 (a) Involves: 6032 1. A violent act or an act dangerous to human life which is 6033 a violation of the criminal laws of this state or of the United 6034 States; or 6035 2. A violation of s. 815.06; and 6036 (b) Is intended to: 6037 1. Intimidate, injure, or coerce a civilian population; 6038 2. Influence the policy of a government by intimidation or 6039 coercion; or 6040 3. Affect the conduct of government through destruction of 6041 property, assassination, murder, kidnapping, or aircraft piracy. 6042 (2) A person who violates s. 782.04(1)(a)1. or (2), s. 6043 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s. 6044 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16, 6045 s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s. 6046 806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s. 6047 859.01, or s. 876.34, in furtherance of intimidating or coercing 6048 the policy of a government, or in furtherance of affecting the 6049 conduct of a government by mass destruction, assassination, or 6050 kidnapping, commits the crime of terrorism, a felony of the 6051 first degree, punishable as provided in s. 775.082, s. 775.083, 6052 or s. 775.084. 6053 Section 113. For the purpose of incorporating the amendment 6054 made by this act to section 815.06, Florida Statutes, in a 6055 reference thereto, subsection (2) of section 775.33, Florida 6056 Statutes, is reenacted to read: 6057 775.33 Providing material support or resources for 6058 terrorism or to terrorist organizations.— 6059 (2) A person commits a felony of the first degree, 6060 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 6061 if the person: 6062 (a) Provides material support or resources or conceals or 6063 disguises the nature, location, source, or ownership of the 6064 material support or resources, knowing or intending that the 6065 support or resources are to be used in preparation for or in 6066 carrying out a violation of s. 775.30, s. 775.32, s. 775.34, s. 6067 775.35, s. 790.16, s. 790.161(2), (3), or (4), s. 790.166, s. 6068 790.19, s. 815.06, s. 859.01, s. 860.121, s. 860.16, s. 876.32, 6069 s. 876.34, or s. 876.36; 6070 (b) Conceals an escape from the commission of a violation 6071 of paragraph (a); or 6072 (c) Attempts or conspires to commit a violation of 6073 paragraph (a). 6074 Section 114. For the purpose of incorporating the amendment 6075 made by this act to section 815.06, Florida Statutes, in a 6076 reference thereto, subsection (5) of section 782.04, Florida 6077 Statutes, is reenacted to read: 6078 782.04 Murder.— 6079 (5) As used in this section, the term “terrorism” means an 6080 activity that: 6081 (a)1. Involves a violent act or an act dangerous to human 6082 life which is a violation of the criminal laws of this state or 6083 of the United States; or 6084 2. Involves a violation of s. 815.06; and 6085 (b) Is intended to: 6086 1. Intimidate, injure, or coerce a civilian population; 6087 2. Influence the policy of a government by intimidation or 6088 coercion; or 6089 3. Affect the conduct of government through destruction of 6090 property, assassination, murder, kidnapping, or aircraft piracy. 6091 Section 115. For the purpose of incorporating the amendment 6092 made by this act to section 815.06, Florida Statutes, in a 6093 reference thereto, subsection (3) of section 934.07, Florida 6094 Statutes, is reenacted to read: 6095 934.07 Authorization for interception of wire, oral, or 6096 electronic communications.— 6097 (3) As used in this section, the term “terrorism” means an 6098 activity that: 6099 (a)1. Involves a violent act or an act dangerous to human 6100 life which is a violation of the criminal laws of this state or 6101 of the United States; or 6102 2. Involves a violation of s. 815.06; and 6103 (b) Is intended to: 6104 1. Intimidate, injure, or coerce a civilian population; 6105 2. Influence the policy of a government by intimidation or 6106 coercion; or 6107 3. Affect the conduct of government through destruction of 6108 property, assassination, murder, kidnapping, or aircraft piracy. 6109 Section 116. For the purpose of incorporating the amendment 6110 made by this act to section 849.01, Florida Statutes, in a 6111 reference thereto, section 849.02, Florida Statutes, is 6112 reenacted to read: 6113 849.02 Agents or employees of keeper of gambling house. 6114 Whoever acts as servant, clerk, agent, or employee of any person 6115 in the violation of s. 849.01 shall be punished in the manner 6116 and to the extent therein mentioned. 6117 Section 117. For the purpose of incorporating the amendment 6118 made by this act to section 893.135, Florida Statutes, in a 6119 reference thereto, paragraph (c) of subsection (3) of section 6120 373.6055, Florida Statutes, is reenacted to read: 6121 373.6055 Criminal history checks for certain water 6122 management district employees and others.— 6123 (3) 6124 (c) In addition to other requirements for employment or 6125 access established by any water management district pursuant to 6126 its water management district’s security plan for buildings, 6127 facilities, and structures, each water management district’s 6128 security plan shall provide that: 6129 1. Any person who has within the past 7 years been 6130 convicted, regardless of whether adjudication was withheld, for 6131 a forcible felony as defined in s. 776.08; an act of terrorism 6132 as defined in s. 775.30; planting of a hoax bomb as provided in 6133 s. 790.165; any violation involving the manufacture, possession, 6134 sale, delivery, display, use, or attempted or threatened use of 6135 a weapon of mass destruction or hoax weapon of mass destruction 6136 as provided in s. 790.166; dealing in stolen property; any 6137 violation of s. 893.135; any violation involving the sale, 6138 manufacturing, delivery, or possession with intent to sell, 6139 manufacture, or deliver a controlled substance; burglary; 6140 robbery; any felony violation of s. 812.014; any violation of s. 6141 790.07; any crime an element of which includes use or possession 6142 of a firearm; any conviction for any similar offenses under the 6143 laws of another jurisdiction; or conviction for conspiracy to 6144 commit any of the listed offenses may not be qualified for 6145 initial employment within or authorized regular access to 6146 buildings, facilities, or structures defined in the water 6147 management district’s security plan as restricted access areas. 6148 2. Any person who has at any time been convicted of any of 6149 the offenses listed in subparagraph 1. may not be qualified for 6150 initial employment within or authorized regular access to 6151 buildings, facilities, or structures defined in the water 6152 management district’s security plan as restricted access areas 6153 unless, after release from incarceration and any supervision 6154 imposed as a sentence, the person remained free from a 6155 subsequent conviction, regardless of whether adjudication was 6156 withheld, for any of the listed offenses for a period of at 6157 least 7 years prior to the employment or access date under 6158 consideration. 6159 Section 118. For the purpose of incorporating the amendment 6160 made by this act to section 893.135, Florida Statutes, in a 6161 reference thereto, subsection (6) of section 397.4073, Florida 6162 Statutes, is reenacted to read: 6163 397.4073 Background checks of service provider personnel.— 6164 (6) DISQUALIFICATION FROM RECEIVING STATE FUNDS.—State 6165 funds may not be disseminated to any service provider owned or 6166 operated by an owner, director, or chief financial officer who 6167 has been convicted of, has entered a plea of guilty or nolo 6168 contendere to, or has had adjudication withheld for, a violation 6169 of s. 893.135 pertaining to trafficking in controlled 6170 substances, or a violation of the law of another state, the 6171 District of Columbia, the United States or any possession or 6172 territory thereof, or any foreign jurisdiction which is 6173 substantially similar in elements and penalties to a trafficking 6174 offense in this state, unless the owner’s or director’s civil 6175 rights have been restored. 6176 Section 119. For the purpose of incorporating the amendment 6177 made by this act to section 893.135, Florida Statutes, in a 6178 reference thereto, subsection (1) of section 414.095, Florida 6179 Statutes, is reenacted to read: 6180 414.095 Determining eligibility for temporary cash 6181 assistance.— 6182 (1) ELIGIBILITY.—An applicant must meet eligibility 6183 requirements of this section before receiving services or 6184 temporary cash assistance under this chapter, except that an 6185 applicant shall be required to register for work and engage in 6186 work activities in accordance with s. 445.024, as designated by 6187 the local workforce development board, and may receive support 6188 services or child care assistance in conjunction with such 6189 requirement. The department shall make a determination of 6190 eligibility based on the criteria listed in this chapter. The 6191 department shall monitor continued eligibility for temporary 6192 cash assistance through periodic reviews consistent with the 6193 food assistance eligibility process. Benefits may not be denied 6194 to an individual solely based on a felony drug conviction, 6195 unless the conviction is for trafficking pursuant to s. 893.135. 6196 To be eligible under this section, an individual convicted of a 6197 drug felony must be satisfactorily meeting the requirements of 6198 the temporary cash assistance program, including all substance 6199 abuse treatment requirements. Within the limits specified in 6200 this chapter, the state opts out of the provision of Pub. L. No. 6201 104-193, s. 115, that eliminates eligibility for temporary cash 6202 assistance and food assistance for any individual convicted of a 6203 controlled substance felony. 6204 Section 120. For the purpose of incorporating the amendment 6205 made by this act to section 893.135, Florida Statutes, in a 6206 reference thereto, subsection (2) of section 772.12, Florida 6207 Statutes, is reenacted to read: 6208 772.12 Drug Dealer Liability Act.— 6209 (2) A person, including any governmental entity, has a 6210 cause of action for threefold the actual damages sustained and 6211 is entitled to minimum damages in the amount of $1,000 and 6212 reasonable attorney’s fees and court costs in the trial and 6213 appellate courts, if the person proves by the greater weight of 6214 the evidence that: 6215 (a) The person was injured because of the defendant’s 6216 actions that resulted in the defendant’s conviction for: 6217 1. A violation of s. 893.13, except for a violation of s. 6218 893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or 6219 2. A violation of s. 893.135; and 6220 (b) The person was not injured by reason of his or her 6221 participation in the same act or transaction that resulted in 6222 the defendant’s conviction for any offense described in 6223 subparagraph (a)1. 6224 Section 121. For the purpose of incorporating the amendment 6225 made by this act to section 893.135, Florida Statutes, in 6226 references thereto, paragraph (a) of subsection (2) and 6227 paragraph (a) of subsection (3) of section 775.087, Florida 6228 Statutes, are reenacted to read: 6229 775.087 Possession or use of weapon; aggravated battery; 6230 felony reclassification; minimum sentence.— 6231 (2)(a)1. Any person who is convicted of a felony or an 6232 attempt to commit a felony, regardless of whether the use of a 6233 weapon is an element of the felony, and the conviction was for: 6234 a. Murder; 6235 b. Sexual battery; 6236 c. Robbery; 6237 d. Burglary; 6238 e. Arson; 6239 f. Aggravated battery; 6240 g. Kidnapping; 6241 h. Escape; 6242 i. Aircraft piracy; 6243 j. Aggravated child abuse; 6244 k. Aggravated abuse of an elderly person or disabled adult; 6245 l. Unlawful throwing, placing, or discharging of a 6246 destructive device or bomb; 6247 m. Carjacking; 6248 n. Home-invasion robbery; 6249 o. Aggravated stalking; 6250 p. Trafficking in cannabis, trafficking in cocaine, capital 6251 importation of cocaine, trafficking in illegal drugs, capital 6252 importation of illegal drugs, trafficking in phencyclidine, 6253 capital importation of phencyclidine, trafficking in 6254 methaqualone, capital importation of methaqualone, trafficking 6255 in amphetamine, capital importation of amphetamine, trafficking 6256 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 6257 (GHB), trafficking in 1,4-Butanediol, trafficking in 6258 Phenethylamines, or other violation of s. 893.135(1); or 6259 q. Possession of a firearm by a felon 6260 6261 and during the commission of the offense, such person actually 6262 possessed a “firearm” or “destructive device” as those terms are 6263 defined in s. 790.001, shall be sentenced to a minimum term of 6264 imprisonment of 10 years, except that a person who is convicted 6265 for possession of a firearm by a felon or burglary of a 6266 conveyance shall be sentenced to a minimum term of imprisonment 6267 of 3 years if such person possessed a “firearm” or “destructive 6268 device” during the commission of the offense. However, if an 6269 offender who is convicted of the offense of possession of a 6270 firearm by a felon has a previous conviction of committing or 6271 attempting to commit a felony listed in s. 775.084(1)(b)1. and 6272 actually possessed a firearm or destructive device during the 6273 commission of the prior felony, the offender shall be sentenced 6274 to a minimum term of imprisonment of 10 years. 6275 2. Any person who is convicted of a felony or an attempt to 6276 commit a felony listed in sub-subparagraphs (a)1.a.-p., 6277 regardless of whether the use of a weapon is an element of the 6278 felony, and during the course of the commission of the felony 6279 such person discharged a “firearm” or “destructive device” as 6280 defined in s. 790.001 shall be sentenced to a minimum term of 6281 imprisonment of 20 years. 6282 3. Any person who is convicted of a felony or an attempt to 6283 commit a felony listed in sub-subparagraphs (a)1.a.-p., 6284 regardless of whether the use of a weapon is an element of the 6285 felony, and during the course of the commission of the felony 6286 such person discharged a “firearm” or “destructive device” as 6287 defined in s. 790.001 and, as the result of the discharge, death 6288 or great bodily harm was inflicted upon any person, the 6289 convicted person shall be sentenced to a minimum term of 6290 imprisonment of not less than 25 years and not more than a term 6291 of imprisonment of life in prison. 6292 (3)(a)1. Any person who is convicted of a felony or an 6293 attempt to commit a felony, regardless of whether the use of a 6294 firearm is an element of the felony, and the conviction was for: 6295 a. Murder; 6296 b. Sexual battery; 6297 c. Robbery; 6298 d. Burglary; 6299 e. Arson; 6300 f. Aggravated battery; 6301 g. Kidnapping; 6302 h. Escape; 6303 i. Sale, manufacture, delivery, or intent to sell, 6304 manufacture, or deliver any controlled substance; 6305 j. Aircraft piracy; 6306 k. Aggravated child abuse; 6307 l. Aggravated abuse of an elderly person or disabled adult; 6308 m. Unlawful throwing, placing, or discharging of a 6309 destructive device or bomb; 6310 n. Carjacking; 6311 o. Home-invasion robbery; 6312 p. Aggravated stalking; or 6313 q. Trafficking in cannabis, trafficking in cocaine, capital 6314 importation of cocaine, trafficking in illegal drugs, capital 6315 importation of illegal drugs, trafficking in phencyclidine, 6316 capital importation of phencyclidine, trafficking in 6317 methaqualone, capital importation of methaqualone, trafficking 6318 in amphetamine, capital importation of amphetamine, trafficking 6319 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 6320 (GHB), trafficking in 1,4-Butanediol, trafficking in 6321 Phenethylamines, or other violation of s. 893.135(1); 6322 6323 and during the commission of the offense, such person possessed 6324 a semiautomatic firearm and its high-capacity detachable box 6325 magazine or a machine gun as defined in s. 790.001, shall be 6326 sentenced to a minimum term of imprisonment of 15 years. 6327 2. Any person who is convicted of a felony or an attempt to 6328 commit a felony listed in subparagraph (a)1., regardless of 6329 whether the use of a weapon is an element of the felony, and 6330 during the course of the commission of the felony such person 6331 discharged a semiautomatic firearm and its high-capacity box 6332 magazine or a “machine gun” as defined in s. 790.001 shall be 6333 sentenced to a minimum term of imprisonment of 20 years. 6334 3. Any person who is convicted of a felony or an attempt to 6335 commit a felony listed in subparagraph (a)1., regardless of 6336 whether the use of a weapon is an element of the felony, and 6337 during the course of the commission of the felony such person 6338 discharged a semiautomatic firearm and its high-capacity box 6339 magazine or a “machine gun” as defined in s. 790.001 and, as the 6340 result of the discharge, death or great bodily harm was 6341 inflicted upon any person, the convicted person shall be 6342 sentenced to a minimum term of imprisonment of not less than 25 6343 years and not more than a term of imprisonment of life in 6344 prison. 6345 Section 122. For the purpose of incorporating the amendment 6346 made by this act to section 893.135, Florida Statutes, in 6347 references thereto, paragraph (a) of subsection (1) and 6348 subsections (3) and (4) of section 782.04, Florida Statutes, are 6349 reenacted to read: 6350 782.04 Murder.— 6351 (1)(a) The unlawful killing of a human being: 6352 1. When perpetrated from a premeditated design to effect 6353 the death of the person killed or any human being; 6354 2. When committed by a person engaged in the perpetration 6355 of, or in the attempt to perpetrate, any: 6356 a. Trafficking offense prohibited by s. 893.135(1), 6357 b. Arson, 6358 c. Sexual battery, 6359 d. Robbery, 6360 e. Burglary, 6361 f. Kidnapping, 6362 g. Escape, 6363 h. Aggravated child abuse, 6364 i. Aggravated abuse of an elderly person or disabled adult, 6365 j. Aircraft piracy, 6366 k. Unlawful throwing, placing, or discharging of a 6367 destructive device or bomb, 6368 l. Carjacking, 6369 m. Home-invasion robbery, 6370 n. Aggravated stalking, 6371 o. Murder of another human being, 6372 p. Resisting an officer with violence to his or her person, 6373 q. Aggravated fleeing or eluding with serious bodily injury 6374 or death, 6375 r. Felony that is an act of terrorism or is in furtherance 6376 of an act of terrorism, including a felony under s. 775.30, s. 6377 775.32, s. 775.33, s. 775.34, or s. 775.35, or 6378 s. Human trafficking; or 6379 3. Which resulted from the unlawful distribution by a 6380 person 18 years of age or older of any of the following 6381 substances, or mixture containing any of the following 6382 substances, when such substance or mixture is proven to be the 6383 proximate cause of the death of the user: 6384 a. A substance controlled under s. 893.03(1); 6385 b. Cocaine, as described in s. 893.03(2)(a)4.; 6386 c. Opium or any synthetic or natural salt, compound, 6387 derivative, or preparation of opium; 6388 d. Methadone; 6389 e. Alfentanil, as described in s. 893.03(2)(b)1.; 6390 f. Carfentanil, as described in s. 893.03(2)(b)6.; 6391 g. Fentanyl, as described in s. 893.03(2)(b)9.; 6392 h. Sufentanil, as described in s. 893.03(2)(b)30.; or 6393 i. A controlled substance analog, as described in s. 6394 893.0356, of any substance specified in sub-subparagraphs a.-h., 6395 6396 is murder in the first degree and constitutes a capital felony, 6397 punishable as provided in s. 775.082. 6398 (3) When a human being is killed during the perpetration 6399 of, or during the attempt to perpetrate, any: 6400 (a) Trafficking offense prohibited by s. 893.135(1), 6401 (b) Arson, 6402 (c) Sexual battery, 6403 (d) Robbery, 6404 (e) Burglary, 6405 (f) Kidnapping, 6406 (g) Escape, 6407 (h) Aggravated child abuse, 6408 (i) Aggravated abuse of an elderly person or disabled 6409 adult, 6410 (j) Aircraft piracy, 6411 (k) Unlawful throwing, placing, or discharging of a 6412 destructive device or bomb, 6413 (l) Carjacking, 6414 (m) Home-invasion robbery, 6415 (n) Aggravated stalking, 6416 (o) Murder of another human being, 6417 (p) Aggravated fleeing or eluding with serious bodily 6418 injury or death, 6419 (q) Resisting an officer with violence to his or her 6420 person, or 6421 (r) Felony that is an act of terrorism or is in furtherance 6422 of an act of terrorism, including a felony under s. 775.30, s. 6423 775.32, s. 775.33, s. 775.34, or s. 775.35, 6424 6425 by a person other than the person engaged in the perpetration of 6426 or in the attempt to perpetrate such felony, the person 6427 perpetrating or attempting to perpetrate such felony commits 6428 murder in the second degree, which constitutes a felony of the 6429 first degree, punishable by imprisonment for a term of years not 6430 exceeding life or as provided in s. 775.082, s. 775.083, or s. 6431 775.084. 6432 (4) The unlawful killing of a human being, when perpetrated 6433 without any design to effect death, by a person engaged in the 6434 perpetration of, or in the attempt to perpetrate, any felony 6435 other than any: 6436 (a) Trafficking offense prohibited by s. 893.135(1), 6437 (b) Arson, 6438 (c) Sexual battery, 6439 (d) Robbery, 6440 (e) Burglary, 6441 (f) Kidnapping, 6442 (g) Escape, 6443 (h) Aggravated child abuse, 6444 (i) Aggravated abuse of an elderly person or disabled 6445 adult, 6446 (j) Aircraft piracy, 6447 (k) Unlawful throwing, placing, or discharging of a 6448 destructive device or bomb, 6449 (l) Unlawful distribution of any substance controlled under 6450 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or 6451 opium or any synthetic or natural salt, compound, derivative, or 6452 preparation of opium by a person 18 years of age or older, when 6453 such drug is proven to be the proximate cause of the death of 6454 the user, 6455 (m) Carjacking, 6456 (n) Home-invasion robbery, 6457 (o) Aggravated stalking, 6458 (p) Murder of another human being, 6459 (q) Aggravated fleeing or eluding with serious bodily 6460 injury or death, 6461 (r) Resisting an officer with violence to his or her 6462 person, or 6463 (s) Felony that is an act of terrorism or is in furtherance 6464 of an act of terrorism, including a felony under s. 775.30, s. 6465 775.32, s. 775.33, s. 775.34, or s. 775.35, 6466 6467 is murder in the third degree and constitutes a felony of the 6468 second degree, punishable as provided in s. 775.082, s. 775.083, 6469 or s. 775.084. 6470 Section 123. For the purpose of incorporating the amendment 6471 made by this act to section 893.135, Florida Statutes, in a 6472 reference thereto, subsection (3) of section 810.02, Florida 6473 Statutes, is reenacted to read: 6474 810.02 Burglary.— 6475 (3) Burglary is a felony of the second degree, punishable 6476 as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the 6477 course of committing the offense, the offender does not make an 6478 assault or battery and is not and does not become armed with a 6479 dangerous weapon or explosive, and the offender enters or 6480 remains in a: 6481 (a) Dwelling, and there is another person in the dwelling 6482 at the time the offender enters or remains; 6483 (b) Dwelling, and there is not another person in the 6484 dwelling at the time the offender enters or remains; 6485 (c) Structure, and there is another person in the structure 6486 at the time the offender enters or remains; 6487 (d) Conveyance, and there is another person in the 6488 conveyance at the time the offender enters or remains; 6489 (e) Authorized emergency vehicle, as defined in s. 316.003; 6490 or 6491 (f) Structure or conveyance when the offense intended to be 6492 committed therein is theft of a controlled substance as defined 6493 in s. 893.02. Notwithstanding any other law, separate judgments 6494 and sentences for burglary with the intent to commit theft of a 6495 controlled substance under this paragraph and for any applicable 6496 possession of controlled substance offense under s. 893.13 or 6497 trafficking in controlled substance offense under s. 893.135 may 6498 be imposed when all such offenses involve the same amount or 6499 amounts of a controlled substance. 6500 6501 However, if the burglary is committed within a county that is 6502 subject to a state of emergency declared by the Governor under 6503 chapter 252 after the declaration of emergency is made and the 6504 perpetration of the burglary is facilitated by conditions 6505 arising from the emergency, the burglary is a felony of the 6506 first degree, punishable as provided in s. 775.082, s. 775.083, 6507 or s. 775.084. As used in this subsection, the term “conditions 6508 arising from the emergency” means civil unrest, power outages, 6509 curfews, voluntary or mandatory evacuations, or a reduction in 6510 the presence of or response time for first responders or 6511 homeland security personnel. A person arrested for committing a 6512 burglary within a county that is subject to such a state of 6513 emergency may not be released until the person appears before a 6514 committing magistrate at a first appearance hearing. For 6515 purposes of sentencing under chapter 921, a felony offense that 6516 is reclassified under this subsection is ranked one level above 6517 the ranking under s. 921.0022 or s. 921.0023 of the offense 6518 committed. 6519 Section 124. For the purpose of incorporating the amendment 6520 made by this act to section 893.135, Florida Statutes, in a 6521 reference thereto, paragraph (d) of subsection (8) of section 6522 893.13, Florida Statutes, is reenacted to read: 6523 893.13 Prohibited acts; penalties.— 6524 (8) 6525 (d) Notwithstanding paragraph (c), if a prescribing 6526 practitioner has violated paragraph (a) and received $1,000 or 6527 more in payment for writing one or more prescriptions or, in the 6528 case of a prescription written for a controlled substance 6529 described in s. 893.135, has written one or more prescriptions 6530 for a quantity of a controlled substance which, individually or 6531 in the aggregate, meets the threshold for the offense of 6532 trafficking in a controlled substance under s. 893.135, the 6533 violation is reclassified as a felony of the second degree and 6534 ranked in level 4 of the Criminal Punishment Code. 6535 Section 125. For the purpose of incorporating the amendment 6536 made by this act to section 893.135, Florida Statutes, in 6537 references thereto, subsections (1) and (2) of section 893.1351, 6538 Florida Statutes, are reenacted to read: 6539 893.1351 Ownership, lease, rental, or possession for 6540 trafficking in or manufacturing a controlled substance.— 6541 (1) A person may not own, lease, or rent any place, 6542 structure, or part thereof, trailer, or other conveyance with 6543 the knowledge that the place, structure, trailer, or conveyance 6544 will be used for the purpose of trafficking in a controlled 6545 substance, as provided in s. 893.135; for the sale of a 6546 controlled substance, as provided in s. 893.13; or for the 6547 manufacture of a controlled substance intended for sale or 6548 distribution to another. A person who violates this subsection 6549 commits a felony of the third degree, punishable as provided in 6550 s. 775.082, s. 775.083, or s. 775.084. 6551 (2) A person may not knowingly be in actual or constructive 6552 possession of any place, structure, or part thereof, trailer, or 6553 other conveyance with the knowledge that the place, structure, 6554 or part thereof, trailer, or conveyance will be used for the 6555 purpose of trafficking in a controlled substance, as provided in 6556 s. 893.135; for the sale of a controlled substance, as provided 6557 in s. 893.13; or for the manufacture of a controlled substance 6558 intended for sale or distribution to another. A person who 6559 violates this subsection commits a felony of the second degree, 6560 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 6561 Section 126. For the purpose of incorporating the amendment 6562 made by this act to section 893.135, Florida Statutes, in a 6563 reference thereto, paragraph (e) of subsection (3) of section 6564 900.05, Florida Statutes, is reenacted to read: 6565 900.05 Criminal justice data collection.— 6566 (3) DATA COLLECTION AND REPORTING.—Beginning January 1, 6567 2019, an entity required to collect data in accordance with this 6568 subsection shall collect the specified data required of the 6569 entity on a biweekly basis. Each entity shall report the data 6570 collected in accordance with this subsection to the Department 6571 of Law Enforcement on a monthly basis. 6572 (e) Department of Corrections.—The Department of 6573 Corrections shall collect the following data: 6574 1. Information related to each inmate, including: 6575 a. Identifying information, including name, date of birth, 6576 race or ethnicity, and identification number assigned by the 6577 department. 6578 b. Number of children. 6579 c. Education level, including any vocational training. 6580 d. Date the inmate was admitted to the custody of the 6581 department. 6582 e. Current institution placement and the security level 6583 assigned to the institution. 6584 f. Custody level assignment. 6585 g. Qualification for a flag designation as defined in this 6586 section, including sexual offender flag, habitual offender flag, 6587 gang affiliation flag, or concurrent or consecutive sentence 6588 flag. 6589 h. County that committed the prisoner to the custody of the 6590 department. 6591 i. Whether the reason for admission to the department is 6592 for a new conviction or a violation of probation, community 6593 control, or parole. For an admission for a probation, community 6594 control, or parole violation, the department shall report 6595 whether the violation was technical or based on a new violation 6596 of law. 6597 j. Specific statutory citation for which the inmate was 6598 committed to the department, including, for an inmate convicted 6599 of drug trafficking under s. 893.135, the statutory citation for 6600 each specific drug trafficked. 6601 k. Length of sentence or concurrent or consecutive 6602 sentences served. 6603 l. Tentative release date. 6604 m. Gain time earned in accordance with s. 944.275. 6605 n. Prior incarceration within the state. 6606 o. Disciplinary violation and action. 6607 p. Participation in rehabilitative or educational programs 6608 while in the custody of the department. 6609 2. Information about each state correctional institution or 6610 facility, including: 6611 a. Budget for each state correctional institution or 6612 facility. 6613 b. Daily prison population of all inmates incarcerated in a 6614 state correctional institution or facility. 6615 c. Daily number of correctional officers for each state 6616 correctional institution or facility. 6617 3. Information related to persons supervised by the 6618 department on probation or community control, including: 6619 a. Identifying information for each person supervised by 6620 the department on probation or community control, including his 6621 or her name, date of birth, race or ethnicity, sex, and 6622 department-assigned case number. 6623 b. Length of probation or community control sentence 6624 imposed and amount of time that has been served on such 6625 sentence. 6626 c. Projected termination date for probation or community 6627 control. 6628 d. Revocation of probation or community control due to a 6629 violation, including whether the revocation is due to a 6630 technical violation of the conditions of supervision or from the 6631 commission of a new law violation. 6632 4. Per diem rates for: 6633 a. Prison bed. 6634 b. Probation. 6635 c. Community control. 6636 6637 This information only needs to be reported once annually at the 6638 time the most recent per diem rate is published. 6639 Section 127. For the purpose of incorporating the amendment 6640 made by this act to section 893.135, Florida Statutes, in a 6641 reference thereto, section 903.133, Florida Statutes, is 6642 reenacted to read: 6643 903.133 Bail on appeal; prohibited for certain felony 6644 convictions.—Notwithstanding the provisions of s. 903.132, no 6645 person adjudged guilty of a felony of the first degree for a 6646 violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s. 6647 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a 6648 violation of s. 794.011(2) or (3), shall be admitted to bail 6649 pending review either by posttrial motion or appeal. 6650 Section 128. For the purpose of incorporating the amendment 6651 made by this act to section 893.135, Florida Statutes, in a 6652 reference thereto, paragraph (c) of subsection (4) of section 6653 907.041, Florida Statutes, is reenacted to read: 6654 907.041 Pretrial detention and release.— 6655 (4) PRETRIAL DETENTION.— 6656 (c) The court may order pretrial detention if it finds a 6657 substantial probability, based on a defendant’s past and present 6658 patterns of behavior, the criteria in s. 903.046, and any other 6659 relevant facts, that any of the following circumstances exist: 6660 1. The defendant has previously violated conditions of 6661 release and that no further conditions of release are reasonably 6662 likely to assure the defendant’s appearance at subsequent 6663 proceedings; 6664 2. The defendant, with the intent to obstruct the judicial 6665 process, has threatened, intimidated, or injured any victim, 6666 potential witness, juror, or judicial officer, or has attempted 6667 or conspired to do so, and that no condition of release will 6668 reasonably prevent the obstruction of the judicial process; 6669 3. The defendant is charged with trafficking in controlled 6670 substances as defined by s. 893.135, that there is a substantial 6671 probability that the defendant has committed the offense, and 6672 that no conditions of release will reasonably assure the 6673 defendant’s appearance at subsequent criminal proceedings; 6674 4. The defendant is charged with DUI manslaughter, as 6675 defined by s. 316.193, and that there is a substantial 6676 probability that the defendant committed the crime and that the 6677 defendant poses a threat of harm to the community; conditions 6678 that would support a finding by the court pursuant to this 6679 subparagraph that the defendant poses a threat of harm to the 6680 community include, but are not limited to, any of the following: 6681 a. The defendant has previously been convicted of any crime 6682 under s. 316.193, or of any crime in any other state or 6683 territory of the United States that is substantially similar to 6684 any crime under s. 316.193; 6685 b. The defendant was driving with a suspended driver 6686 license when the charged crime was committed; or 6687 c. The defendant has previously been found guilty of, or 6688 has had adjudication of guilt withheld for, driving while the 6689 defendant’s driver license was suspended or revoked in violation 6690 of s. 322.34; 6691 5. The defendant poses the threat of harm to the community. 6692 The court may so conclude, if it finds that the defendant is 6693 presently charged with a dangerous crime, that there is a 6694 substantial probability that the defendant committed such crime, 6695 that the factual circumstances of the crime indicate a disregard 6696 for the safety of the community, and that there are no 6697 conditions of release reasonably sufficient to protect the 6698 community from the risk of physical harm to persons; 6699 6. The defendant was on probation, parole, or other release 6700 pending completion of sentence or on pretrial release for a 6701 dangerous crime at the time the current offense was committed; 6702 7. The defendant has violated one or more conditions of 6703 pretrial release or bond for the offense currently before the 6704 court and the violation, in the discretion of the court, 6705 supports a finding that no conditions of release can reasonably 6706 protect the community from risk of physical harm to persons or 6707 assure the presence of the accused at trial; or 6708 8.a. The defendant has ever been sentenced pursuant to s. 6709 775.082(9) or s. 775.084 as a prison releasee reoffender, 6710 habitual violent felony offender, three-time violent felony 6711 offender, or violent career criminal, or the state attorney 6712 files a notice seeking that the defendant be sentenced pursuant 6713 to s. 775.082(9) or s. 775.084, as a prison releasee reoffender, 6714 habitual violent felony offender, three-time violent felony 6715 offender, or violent career criminal; 6716 b. There is a substantial probability that the defendant 6717 committed the offense; and 6718 c. There are no conditions of release that can reasonably 6719 protect the community from risk of physical harm or ensure the 6720 presence of the accused at trial. 6721 Section 129. For the purpose of incorporating the amendment 6722 made by this act to section 893.135, Florida Statutes, in a 6723 reference thereto, subsection (9) of section 921.141, Florida 6724 Statutes, is reenacted to read: 6725 921.141 Sentence of death or life imprisonment for capital 6726 felonies; further proceedings to determine sentence.— 6727 (9) APPLICABILITY.—This section does not apply to a person 6728 convicted or adjudicated guilty of a capital drug trafficking 6729 felony under s. 893.135. 6730 Section 130. For the purpose of incorporating the amendment 6731 made by this act to section 893.135, Florida Statutes, in a 6732 reference thereto, subsection (2) of section 921.142, Florida 6733 Statutes, is reenacted to read: 6734 921.142 Sentence of death or life imprisonment for capital 6735 drug trafficking felonies; further proceedings to determine 6736 sentence.— 6737 (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.—Upon 6738 conviction or adjudication of guilt of a defendant of a capital 6739 felony under s. 893.135, the court shall conduct a separate 6740 sentencing proceeding to determine whether the defendant should 6741 be sentenced to death or life imprisonment as authorized by s. 6742 775.082. The proceeding shall be conducted by the trial judge 6743 before the trial jury as soon as practicable. If, through 6744 impossibility or inability, the trial jury is unable to 6745 reconvene for a hearing on the issue of penalty, having 6746 determined the guilt of the accused, the trial judge may summon 6747 a special juror or jurors as provided in chapter 913 to 6748 determine the issue of the imposition of the penalty. If the 6749 trial jury has been waived, or if the defendant pleaded guilty, 6750 the sentencing proceeding shall be conducted before a jury 6751 impaneled for that purpose, unless waived by the defendant. In 6752 the proceeding, evidence may be presented as to any matter that 6753 the court deems relevant to the nature of the crime and the 6754 character of the defendant and shall include matters relating to 6755 any of the aggravating factors enumerated in subsection (7) and 6756 for which notice has been provided pursuant to s. 782.04(1)(b) 6757 or mitigating circumstances enumerated in subsection (8). Any 6758 such evidence that the court deems to have probative value may 6759 be received, regardless of its admissibility under the 6760 exclusionary rules of evidence, provided the defendant is 6761 accorded a fair opportunity to rebut any hearsay statements. 6762 However, this subsection shall not be construed to authorize the 6763 introduction of any evidence secured in violation of the 6764 Constitution of the United States or the Constitution of the 6765 State of Florida. The state and the defendant or the defendant’s 6766 counsel shall be permitted to present argument for or against 6767 sentence of death. 6768 Section 131. For the purpose of incorporating the amendment 6769 made by this act to section 944.704, Florida Statutes, in a 6770 reference thereto, paragraph (a) of subsection (3) of section 6771 944.026, Florida Statutes, is reenacted to read: 6772 944.026 Community-based facilities and programs.— 6773 (3)(a) The department shall develop and implement 6774 procedures to diagnose offenders prior to sentencing, for the 6775 purpose of recommending to the sentencing court suitable 6776 candidates for placement in a community-based residential drug 6777 treatment facility or probation and restitution center as 6778 provided in this section. The department shall also develop and 6779 implement procedures to properly identify inmates prior to 6780 release who demonstrate the need for or interest in and 6781 suitability for placement in a community-based substance abuse 6782 transition housing program as provided in this section and 6783 pursuant to ss. 944.4731 and 944.704. 6784 Section 132. For the purpose of incorporating the amendment 6785 made by this act to section 944.705, Florida Statutes, in a 6786 reference thereto, subsection (6) of section 944.4731, Florida 6787 Statutes, is reenacted to read: 6788 944.4731 Addiction-Recovery Supervision Program.— 6789 (6) Six months before an offender is released, the chaplain 6790 and transition assistance specialist at the institution where 6791 the offender is incarcerated shall initiate the prerelease 6792 screening process in addition to the basic release orientation 6793 required under s. 944.705. 6794 (a) The transition assistance specialist and the chaplain 6795 shall provide a list of contracted private providers, including 6796 faith-based providers, to the offender and facilitate the 6797 application process. The transition assistance specialist shall 6798 inform the offender of program availability and assess the 6799 offender’s need and suitability for substance abuse transition 6800 housing assistance. If an offender is approved for placement, 6801 the specialist shall assist the offender and coordinate the 6802 release of the offender with the selected program. If an 6803 offender requests and is approved for placement in a contracted 6804 faith-based substance abuse transition housing program, the 6805 specialist must consult with the chaplain prior to such 6806 placement. A right to substance abuse program services is not 6807 stated, intended, or otherwise implied by this section. 6808 (b) If an offender has participated in a faith-based 6809 program while incarcerated or housed at a community correctional 6810 center and the same or a similar faith-based provider offers a 6811 contracted substance abuse transition housing program, the 6812 department shall make every attempt to maintain this continuum 6813 of care. 6814 Section 133. For the purpose of incorporating the amendment 6815 made by this act to section 944.801, Florida Statutes, in a 6816 reference thereto, subsection (2) of section 447.203, Florida 6817 Statutes, is reenacted to read: 6818 447.203 Definitions.—As used in this part: 6819 (2) “Public employer” or “employer” means the state or any 6820 county, municipality, or special district or any subdivision or 6821 agency thereof which the commission determines has sufficient 6822 legal distinctiveness properly to carry out the functions of a 6823 public employer. With respect to all public employees determined 6824 by the commission as properly belonging to a statewide 6825 bargaining unit composed of State Career Service System 6826 employees or Selected Professional Service employees, the 6827 Governor shall be deemed to be the public employer; and the 6828 Board of Governors of the State University System, or the 6829 board’s designee, shall be deemed to be the public employer with 6830 respect to all public employees of each constituent state 6831 university. The board of trustees of a community college shall 6832 be deemed to be the public employer with respect to all 6833 employees of the community college. The district school board 6834 shall be deemed to be the public employer with respect to all 6835 employees of the school district. The Board of Trustees of the 6836 Florida School for the Deaf and the Blind shall be deemed to be 6837 the public employer with respect to the academic and academic 6838 administrative personnel of the Florida School for the Deaf and 6839 the Blind. The Governor shall be deemed to be the public 6840 employer with respect to all employees in the Correctional 6841 Education Program of the Department of Corrections established 6842 pursuant to s. 944.801. 6843 Section 134. For the purpose of incorporating the amendment 6844 made by this act to section 948.013, Florida Statutes, in a 6845 reference thereto, paragraph (n) of subsection (1) of section 6846 921.187, Florida Statutes, is reenacted to read: 6847 921.187 Disposition and sentencing; alternatives; 6848 restitution.— 6849 (1) The alternatives provided in this section for the 6850 disposition of criminal cases shall be used in a manner that 6851 will best serve the needs of society, punish criminal offenders, 6852 and provide the opportunity for rehabilitation. If the offender 6853 does not receive a state prison sentence, the court may: 6854 (n) Impose split probation whereby upon satisfactory 6855 completion of half the term of probation, the Department of 6856 Corrections may place the offender on administrative probation 6857 pursuant to s. 948.013 for the remainder of the term of 6858 supervision. 6859 Section 135. For the purpose of incorporating the amendment 6860 made by this act to section 948.06, Florida Statutes, in a 6861 reference thereto, paragraph (b) of subsection (2) of section 6862 948.012, Florida Statutes, is reenacted to read: 6863 948.012 Split sentence of probation or community control 6864 and imprisonment.— 6865 (2) The court may also impose a split sentence whereby the 6866 defendant is sentenced to a term of probation which may be 6867 followed by a period of incarceration or, with respect to a 6868 felony, into community control, as follows: 6869 (b) If the offender does not meet the terms and conditions 6870 of probation or community control, the court may revoke, modify, 6871 or continue the probation or community control as provided in s. 6872 948.06. If the probation or community control is revoked, the 6873 court may impose any sentence that it could have imposed at the 6874 time the offender was placed on probation or community control. 6875 The court may not provide credit for time served for any portion 6876 of a probation or community control term toward a subsequent 6877 term of probation or community control. However, the court may 6878 not impose a subsequent term of probation or community control 6879 which, when combined with any amount of time served on preceding 6880 terms of probation or community control for offenses pending 6881 before the court for sentencing, would exceed the maximum 6882 penalty allowable as provided in s. 775.082. Such term of 6883 incarceration shall be served under applicable law or county 6884 ordinance governing service of sentences in state or county 6885 jurisdiction. This paragraph does not prohibit any other 6886 sanction provided by law. 6887 Section 136. For the purpose of incorporating the amendment 6888 made by this act to section 948.06, Florida Statutes, in a 6889 reference thereto, subsection (3) of section 948.10, Florida 6890 Statutes, is reenacted to read: 6891 948.10 Community control programs; home confinement.— 6892 (3) Procedures governing violations of community control 6893 are the same as those described in s. 948.06 with respect to 6894 probation. 6895 Section 137. For the purpose of incorporating the amendment 6896 made by this act to section 948.06, Florida Statutes, in a 6897 reference thereto, subsection (3) of section 948.20, Florida 6898 Statutes, is reenacted to read: 6899 948.20 Drug offender probation.— 6900 (3) Offenders placed on drug offender probation are subject 6901 to revocation of probation as provided in s. 948.06. 6902 Section 138. For the purpose of incorporating the amendment 6903 made by this act to section 948.06, Florida Statutes, in a 6904 reference thereto, section 958.14, Florida Statutes, is 6905 reenacted to read: 6906 958.14 Violation of probation or community control 6907 program.—A violation or alleged violation of probation or the 6908 terms of a community control program shall subject the youthful 6909 offender to the provisions of s. 948.06. However, no youthful 6910 offender shall be committed to the custody of the department for 6911 a substantive violation for a period longer than the maximum 6912 sentence for the offense for which he or she was found guilty, 6913 with credit for time served while incarcerated, or for a 6914 technical or nonsubstantive violation for a period longer than 6 6915 years or for a period longer than the maximum sentence for the 6916 offense for which he or she was found guilty, whichever is less, 6917 with credit for time served while incarcerated. 6918 Section 139. For the purpose of incorporating the amendment 6919 made by this act to section 948.08, Florida Statutes, in a 6920 reference thereto, paragraph (b) of subsection (4) of section 6921 796.07, Florida Statutes, is reenacted to read: 6922 796.07 Prohibiting prostitution and related acts.— 6923 (4) 6924 (b) A person who is charged with a third or subsequent 6925 violation of this section, other than paragraph (2)(f), shall be 6926 offered admission to a pretrial intervention program or a 6927 substance abuse treatment program as provided in s. 948.08. 6928 Section 140. For the purpose of incorporating the amendment 6929 made by this act to section 948.08, Florida Statutes, in a 6930 reference thereto, paragraph (b) of subsection (3) of section 6931 944.026, Florida Statutes, is reenacted to read: 6932 944.026 Community-based facilities and programs.— 6933 (3) 6934 (b) Pretrial intervention programs in appropriate counties 6935 to provide early counseling and supervision services to 6936 specified offenders as provided in s. 948.08. 6937 Section 141. For the purpose of incorporating the amendment 6938 made by this act to section 948.08, Florida Statutes, in a 6939 reference thereto, subsection (1) of section 948.036, Florida 6940 Statutes, is reenacted to read: 6941 948.036 Work programs as a condition of probation, 6942 community control, or other court-ordered community 6943 supervision.— 6944 (1) Whenever an offender is required by the court to 6945 participate in any work program under the provisions of this 6946 chapter, enters into the pretrial intervention program pursuant 6947 to s. 948.08, or volunteers to work in a supervised work program 6948 conducted by a specified state, county, municipal, or community 6949 service organization or to work for the victim, either as an 6950 alternative to monetary restitution or as a part of the 6951 rehabilitative or community control program, the offender shall 6952 be considered an employee of the state for the purposes of 6953 chapter 440. 6954 Section 142. For the purpose of incorporating the 6955 amendments made by this act to section 948.08. Florida Statutes, 6956 in a reference thereto, subsection (2) of section 394.47892, 6957 Florida Statutes, is reenacted to read: 6958 394.47892 Mental health court programs.— 6959 (2) Mental health court programs may include pretrial 6960 intervention programs as provided in ss. 948.08, 948.16, and 6961 985.345, postadjudicatory mental health court programs as 6962 provided in ss. 948.01 and 948.06, and review of the status of 6963 compliance or noncompliance of sentenced defendants through a 6964 mental health court program. 6965 Section 143. For the purpose of incorporating the 6966 amendments made by this act to section 948.08, Florida Statutes, 6967 in a reference thereto, subsection (5) of section 397.334, 6968 Florida Statutes, is reenacted to read: 6969 397.334 Treatment-based drug court programs.— 6970 (5) Treatment-based drug court programs may include 6971 pretrial intervention programs as provided in ss. 948.08, 6972 948.16, and 985.345, treatment-based drug court programs 6973 authorized in chapter 39, postadjudicatory programs as provided 6974 in ss. 948.01, 948.06, and 948.20, and review of the status of 6975 compliance or noncompliance of sentenced offenders through a 6976 treatment-based drug court program. While enrolled in a 6977 treatment-based drug court program, the participant is subject 6978 to a coordinated strategy developed by a drug court team under 6979 subsection (4). The coordinated strategy may include a protocol 6980 of sanctions that may be imposed upon the participant for 6981 noncompliance with program rules. The protocol of sanctions may 6982 include, but is not limited to, placement in a substance abuse 6983 treatment program offered by a licensed service provider as 6984 defined in s. 397.311 or in a jail-based treatment program or 6985 serving a period of secure detention under chapter 985 if a 6986 child or a period of incarceration within the time limits 6987 established for contempt of court if an adult. The coordinated 6988 strategy must be provided in writing to the participant before 6989 the participant agrees to enter into a treatment-based drug 6990 court program. 6991 Section 144. For the purpose of incorporating the 6992 amendments made by this act to section 948.08, Florida Statutes, 6993 in a reference thereto, paragraph (a) of subsection (5) of 6994 section 910.035, Florida Statutes, is reenacted to read: 6995 910.035 Transfer from county for plea, sentence, or 6996 participation in a problem-solving court.— 6997 (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.— 6998 (a) For purposes of this subsection, the term “problem 6999 solving court” means a drug court pursuant to s. 948.01, s. 7000 948.06, s. 948.08, s. 948.16, or s. 948.20; a military veterans’ 7001 and servicemembers’ court pursuant to s. 394.47891, s. 948.08, 7002 s. 948.16, or s. 948.21; a mental health court program pursuant 7003 to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; 7004 or a delinquency pretrial intervention court program pursuant to 7005 s. 985.345. 7006 Section 145. For the purpose of incorporating the amendment 7007 made by this act to section 958.04, Florida Statutes, in a 7008 reference thereto, subsection (5) of section 958.03, Florida 7009 Statutes, is reenacted to read: 7010 958.03 Definitions.—As used in this act: 7011 (5) “Youthful offender” means any person who is sentenced 7012 as such by the court or is classified as such by the department 7013 pursuant to s. 958.04. 7014 Section 146. For the purpose of incorporating the amendment 7015 made by this act to section 958.04, Florida Statutes, in a 7016 reference thereto, paragraph (a) of subsection (8) of section 7017 958.045, Florida Statutes, is reenacted to read: 7018 958.045 Youthful offender basic training program.— 7019 (8)(a) The Assistant Secretary for Youthful Offenders shall 7020 continuously screen all institutions, facilities, and programs 7021 for any inmate who meets the eligibility requirements for 7022 youthful offender designation specified in s. 958.04, whose age 7023 does not exceed 24 years. The department may classify and assign 7024 as a youthful offender any inmate who meets the criteria of s. 7025 958.04. 7026 Section 147. For the purpose of incorporating the amendment 7027 made by this act to section 958.04, Florida Statutes, in a 7028 reference thereto, section 958.046, Florida Statutes, is 7029 reenacted to read: 7030 958.046 Placement in county-operated boot camp programs for 7031 youthful offenders.—In counties where there are county-operated 7032 youthful offender boot camp programs, other than boot camps 7033 described in s. 958.04, the court may sentence a youthful 7034 offender to such a boot camp. In county-operated youthful 7035 offender boot camp programs, juvenile offenders shall not be 7036 commingled with youthful offenders. 7037 Section 148. For the purpose of incorporating the amendment 7038 made by this act to section 958.04, Florida Statutes, in a 7039 reference thereto, paragraph (c) of subsection (4) of section 7040 985.565, Florida Statutes, is reenacted to read: 7041 985.565 Sentencing powers; procedures; alternatives for 7042 juveniles prosecuted as adults.— 7043 (4) SENTENCING ALTERNATIVES.— 7044 (c) Adult sanctions upon failure of juvenile sanctions.—If 7045 a child proves not to be suitable to a commitment program, 7046 juvenile probation program, or treatment program under paragraph 7047 (b), the department shall provide the sentencing court with a 7048 written report outlining the basis for its objections to the 7049 juvenile sanction and shall simultaneously provide a copy of the 7050 report to the state attorney and the defense counsel. The 7051 department shall schedule a hearing within 30 days. Upon 7052 hearing, the court may revoke the previous adjudication, impose 7053 an adjudication of guilt, and impose any sentence which it may 7054 lawfully impose, giving credit for all time spent by the child 7055 in the department. The court may also classify the child as a 7056 youthful offender under s. 958.04, if appropriate. For purposes 7057 of this paragraph, a child may be found not suitable to a 7058 commitment program, community control program, or treatment 7059 program under paragraph (b) if the child commits a new violation 7060 of law while under juvenile sanctions, if the child commits any 7061 other violation of the conditions of juvenile sanctions, or if 7062 the child’s actions are otherwise determined by the court to 7063 demonstrate a failure of juvenile sanctions. 7064 7065 It is the intent of the Legislature that the criteria and 7066 guidelines in this subsection are mandatory and that a 7067 determination of disposition under this subsection is subject to 7068 the right of the child to appellate review under s. 985.534. 7069 Section 149. For the purpose of incorporating the amendment 7070 made by this act to section 985.557, Florida Statutes, in a 7071 reference thereto, subsection (3) of section 985.556, Florida 7072 Statutes, is reenacted to read: 7073 985.556 Waiver of juvenile court jurisdiction; hearing.— 7074 (3) INVOLUNTARY MANDATORY WAIVER.— 7075 (a) If the child was 14 years of age or older, and if the 7076 child has been previously adjudicated delinquent for an act 7077 classified as a felony, which adjudication was for the 7078 commission of, attempt to commit, or conspiracy to commit 7079 murder, sexual battery, armed or strong-armed robbery, 7080 carjacking, home-invasion robbery, aggravated battery, 7081 aggravated assault, or burglary with an assault or battery, and 7082 the child is currently charged with a second or subsequent 7083 violent crime against a person; or 7084 (b) If the child was 14 years of age or older at the time 7085 of commission of a fourth or subsequent alleged felony offense 7086 and the child was previously adjudicated delinquent or had 7087 adjudication withheld for or was found to have committed, or to 7088 have attempted or conspired to commit, three offenses that are 7089 felony offenses if committed by an adult, and one or more of 7090 such felony offenses involved the use or possession of a firearm 7091 or violence against a person; 7092 7093 the state attorney shall request the court to transfer and 7094 certify the child for prosecution as an adult or shall provide 7095 written reasons to the court for not making such request, or 7096 proceed under s. 985.557(1). Upon the state attorney’s request, 7097 the court shall either enter an order transferring the case and 7098 certifying the case for trial as if the child were an adult or 7099 provide written reasons for not issuing such an order. 7100 Section 150. For the purpose of incorporating the amendment 7101 made by this act to section 985.557, Florida Statutes, in a 7102 reference thereto, subsection (1) of section 985.15, Florida 7103 Statutes, is reenacted to read: 7104 985.15 Filing decisions.— 7105 (1) The state attorney may in all cases take action 7106 independent of the action or lack of action of the juvenile 7107 probation officer and shall determine the action that is in the 7108 best interest of the public and the child. If the child meets 7109 the criteria requiring prosecution as an adult under s. 985.556, 7110 the state attorney shall request the court to transfer and 7111 certify the child for prosecution as an adult or shall provide 7112 written reasons to the court for not making such a request. In 7113 all other cases, the state attorney may: 7114 (a) File a petition for dependency; 7115 (b) File a petition under chapter 984; 7116 (c) File a petition for delinquency; 7117 (d) File a petition for delinquency with a motion to 7118 transfer and certify the child for prosecution as an adult; 7119 (e) File an information under s. 985.557; 7120 (f) Refer the case to a grand jury; 7121 (g) Refer the child to a diversionary, pretrial 7122 intervention, arbitration, or mediation program, or to some 7123 other treatment or care program if such program commitment is 7124 voluntarily accepted by the child or the child’s parents or 7125 legal guardian; or 7126 (h) Decline to file. 7127 Section 151. For the purpose of incorporating the amendment 7128 made by this act to section 985.557, Florida Statutes, in a 7129 reference thereto, paragraph (c) of subsection (2) of section 7130 985.26, Florida Statutes, is reenacted to read: 7131 985.26 Length of detention.— 7132 (2) 7133 (c) A prolific juvenile offender under s. 985.255(1)(j) 7134 shall be placed on nonsecure detention care with electronic 7135 monitoring or in secure detention care under a special detention 7136 order until disposition. If secure detention care is ordered by 7137 the court, it must be authorized under this part and may not 7138 exceed: 7139 1. Twenty-one days unless an adjudicatory hearing for the 7140 case has been commenced in good faith by the court or the period 7141 is extended by the court pursuant to paragraph (b); or 7142 2. Fifteen days after the entry of an order of 7143 adjudication. 7144 7145 As used in this paragraph, the term “disposition” means a 7146 declination to file under s. 985.15(1)(h), the entry of nolle 7147 prosequi for the charges, the filing of an indictment under s. 7148 985.56 or an information under s. 985.557, a dismissal of the 7149 case, or an order of final disposition by the court. 7150 Section 152. Criminal Punishment Code Task Force.— 7151 (1) The Task Force on the Criminal Punishment Code, a task 7152 force as defined in s. 20.03(8), Florida Statutes, is created 7153 adjunct to the Department of Legal Affairs. The Legislature 7154 finds that there is a need to review sentencing for noncapital 7155 felony offenses under the Criminal Punishment Code. Therefore, 7156 the task force is created for the purpose of reviewing, 7157 evaluating, and making recommendations regarding sentencing for 7158 and ranking of noncapital felony offenses under the Criminal 7159 Punishment Code, including, but not limited to, whether current 7160 sentencing for noncapital felony offenses is appropriate to the 7161 level of the crime committed, whether current enhancements for 7162 those offenses are appropriate, and whether judicial discretion 7163 should be allowed with regard to mandatory minimum sentences for 7164 those offenses. The task force shall include an analysis of best 7165 practices in its review. 7166 (2) The task force is composed of the following members: 7167 (a) The Attorney General, or a designee of the Attorney 7168 General, who shall serve as chair of the task force. 7169 (b) The Secretary of Corrections, or a designee of the 7170 secretary. 7171 (c) Two members appointed by the President of the Senate, 7172 one of whom must be a public defender. 7173 (d) Two members appointed by the Speaker of the House of 7174 Representatives, one of whom must be a state attorney. 7175 (e) Two members appointed by the Chief Justice of the 7176 Supreme Court, one of whom must be a circuit judge currently 7177 assigned to a felony division. 7178 7179 Any vacancies on the task force shall be filled in the same 7180 manner as the original appointments. Appointments to the task 7181 force shall be made no later than July 15, 2019. 7182 (3) The task force shall endeavor to meet at least twice 7183 monthly throughout its duration and is encouraged to take input 7184 from all stakeholders involved in the criminal justice system. 7185 The first meeting of the task force shall occur no later than 7186 August 15, 2019. The Attorney General shall designate staff of 7187 the Department of Legal Affairs to provide support to the task 7188 force. 7189 (4) Upon the Attorney General’s request, the Department of 7190 Corrections and the Office of the State Courts Administrator 7191 shall provide necessary data collection and analysis, research, 7192 and support services to the task force. 7193 (5) Members of the task force may not receive compensation 7194 other than their usual salaries received from their employers, 7195 but are entitled to reimbursement for per diem and travel 7196 expenses from their employers in accordance with s. 112.061, 7197 Florida Statutes. 7198 (6) The task force shall submit a report to the Governor, 7199 the President of the Senate, the Speaker of the House of 7200 Representatives, and the Chief Justice of the Supreme Court no 7201 later than June 30, 2020, which must include, at a minimum, the 7202 issues considered by the task force, any recommendations for 7203 legislative changes, and an analysis of the expected impact of 7204 such recommendations if enacted by the Legislature. The task 7205 force is dissolved upon submission of the report. 7206 (7) This section expires July 1, 2020. 7207 Section 153. For the 2019-2020 fiscal year, the sum of 7208 $250,000 in nonrecurring funds is appropriated from the General 7209 Revenue Fund to the Department of Legal Affairs for the purpose 7210 of implementing the Criminal Punishment Code Task Force. 7211 Section 154. Except as otherwise expressly provided in this 7212 act, and except for this section, which shall take effect upon 7213 this act becoming a law, this act shall take effect October 1, 7214 2019. 7215 7216 ================= T I T L E A M E N D M E N T ================ 7217 And the title is amended as follows: 7218 Delete everything before the enacting clause 7219 and insert: 7220 A bill to be entitled 7221 An act relating to public safety; amending s. 16.555, 7222 F.S.; providing for reallocation of unencumbered funds 7223 returned to the Crime Stoppers Trust Fund; specifying 7224 permissible uses for funds awarded to counties from 7225 the trust fund; creating s. 16.557, F.S.; defining 7226 terms; providing criminal penalties for disclosure of 7227 privileged communications or protected information or 7228 information concerning such communications or 7229 information; providing exceptions; creating s. 25.025, 7230 F.S.; authorizing certain Supreme Court justices to 7231 have an appropriate facility in their district of 7232 residence designated as their official headquarters; 7233 providing that an official headquarters may serve only 7234 as a justice’s private chambers; providing that such 7235 justices are eligible for a certain subsistence 7236 allowance and reimbursement for certain transportation 7237 expenses; requiring that such allowance and 7238 reimbursement be made to the extent appropriated funds 7239 are available, as determined by the Chief Justice; 7240 requiring the Chief Justice to coordinate with certain 7241 persons in designating official headquarters; 7242 providing that a county is not required to provide 7243 space for a justice in a county courthouse; 7244 authorizing counties to enter into agreements with the 7245 Supreme Court for the use of county courthouse space; 7246 prohibiting the Supreme Court from using state funds 7247 to lease space in specified facilities to allow a 7248 justice to establish an official headquarters; 7249 creating s. 43.51, F.S.; requiring the Office of the 7250 State Courts Administrator to provide an annual report 7251 containing certain information to the Legislature; 7252 defining the term “problem-solving court”; amending s. 7253 57.105, F.S.; prohibiting the awarding of attorney 7254 fees for certain proceedings for injunctions for 7255 protection under specified provisions; providing an 7256 exception; amending s. 61.13016, F.S.; providing that 7257 a written agreement for payment may include a 7258 reasonable period of payment deferral to accommodate 7259 an obligor’s good faith job-seeking efforts; amending 7260 s. 212.15, F.S.; increasing threshold amounts for 7261 certain theft offenses; amending s. 287.095, F.S.; 7262 deleting a provision that provides a limitation on the 7263 total sales by a specified corporation of certain 7264 products offered for purchase to a state agency; 7265 amending s. 322.01, F.S.; defining the term 7266 “suspension or revocation equivalent status”; amending 7267 s. 322.055, F.S.; reducing the length of driver 7268 license revocation for possession or sale of, 7269 trafficking in, or conspiracy to possess, sell, or 7270 traffic in a controlled substance; deleting provisions 7271 authorizing a driver to petition the Department of 7272 Highway Safety and Motor Vehicles for restoration of 7273 his or her driving privilege; amending s. 322.056, 7274 F.S.; reducing the period for revocation or suspension 7275 of, or delay of eligibility for, driver licenses or 7276 driving privileges for certain persons found guilty of 7277 certain drug offenses; deleting requirements relating 7278 to the revocation or suspension of, or delay of 7279 eligibility for, driver licenses or driving privileges 7280 for certain persons found guilty of certain alcohol or 7281 tobacco offenses; deleting provisions relating to the 7282 suspension or revocation of certain persons’ driver 7283 licenses; repealing s. 322.057, F.S., relating to 7284 discretionary revocation or suspension of a driver 7285 license for certain persons who provide alcohol to 7286 persons under a specified age; amending s. 322.34, 7287 F.S.; revising criminal penalties for the third or 7288 subsequent offense of driving while license suspended, 7289 revoked, canceled, or disqualified; creating s. 7290 322.75, F.S.; requiring each clerk of court to 7291 establish a Driver License Reinstatement Days program 7292 for reinstating suspended driver licenses in certain 7293 circumstances; providing duties of the clerks of the 7294 circuit courts and the department; authorizing such 7295 clerks to compromise on or waive certain fees and 7296 costs; authorizing such clerks to schedule a Driver 7297 License Reinstatement Days event on certain days or 7298 times; providing eligibility requirements; requiring 7299 such clerks and the Department of Highway Safety and 7300 Motor Vehicles to verify information necessary to 7301 reinstate a driver license under the program; 7302 requiring the clerks of court to collect specified 7303 data and report such data to the Florida Clerks of 7304 Court Operations Corporation; requiring the Florida 7305 Clerks of Court Operations Corporation to report 7306 specified information in a certain annual report the 7307 annual report required by s. 28.35, F.S.; amending s. 7308 394.917, F.S.; requiring the Department of Children 7309 and Families to provide rehabilitation to criminal 7310 offenders designated as sexually violent predators; 7311 amending s. 397.334, F.S.; conforming provisions to 7312 changes made by the act; amending s. 455.213, F.S.; 7313 requiring certain boards and entities within the 7314 Divisions of Certified Public Accounting, Professions, 7315 or Real Estate of the Department of Business and 7316 Professional Regulation to use a specified process for 7317 the review of an applicant’s criminal record to 7318 determine the applicant’s eligibility for certain 7319 licenses; prohibiting the conviction, or any other 7320 adjudication, of a crime before a specified date from 7321 being grounds for the denial of certain licenses; 7322 defining the term “conviction”; providing 7323 construction; authorizing a person to apply for a 7324 license before his or her lawful release from 7325 confinement or supervision; prohibiting the department 7326 from charging an applicant who is confined or under 7327 supervision an additional fee; prohibiting a board 7328 from basing a denial of a license application solely 7329 on the applicant’s current confinement or supervision; 7330 authorizing a board to stay the issuance of an 7331 approved license under certain circumstances; 7332 requiring a board to verify an applicant’s release 7333 with the Department of Corrections; requiring the 7334 applicable board or the Department of Business and 7335 Professional Regulation to allow certain applicants to 7336 appear by teleconference or video conference at 7337 certain meetings; requiring the Department of 7338 Corrections to cooperate and coordinate with the 7339 applicable board to facilitate the appearance of 7340 certain applicants at certain meetings in person, by 7341 teleconference, or by video conference, as 7342 appropriate; requiring a board or the department to 7343 provide certain lists on the department’s website 7344 specifying how certain crimes do or do not affect an 7345 applicant’s eligibility for licensure; providing that 7346 certain information be identified for the crimes on 7347 such list; requiring such lists to be available to the 7348 public upon request; amending s. 474.2165, F.S.; 7349 authorizing a veterinarian to report certain suspected 7350 criminal violations without notice to or authorization 7351 from a client; providing an exception; amending s. 7352 489.126, F.S.; providing that a contractor has a just 7353 cause defense for criminal offenses and disciplinary 7354 violations; providing an inference; deleting an intent 7355 requirement for contractor offenses; revising elements 7356 of offenses; revising criminal penalties for 7357 contractor offenses; amending s. 489.553, F.S.; 7358 prohibiting the conviction, or any other adjudication, 7359 of a crime before a specified date from being grounds 7360 for the denial of registration under certain 7361 circumstances; defining the term “conviction”; 7362 providing construction; authorizing a person to apply 7363 for registration before his or her lawful release from 7364 confinement or supervision; prohibiting the department 7365 or other applicable authority from charging an 7366 applicant who is confined or under supervision an 7367 additional fee; prohibiting the department or other 7368 applicable authority from basing the denial of 7369 registration solely on the applicant’s current 7370 confinement or supervision; authorizing the department 7371 or other applicable authority to stay the issuance of 7372 an approved registration under certain circumstances; 7373 requiring the department or other applicable authority 7374 to verify an applicant’s release with the Department 7375 of Corrections; requiring the Department of Business 7376 and Professional Regulation or other applicable 7377 authority to allow certain applicants to appear by 7378 teleconference or video conference at certain 7379 meetings; requiring the Department of Corrections to 7380 cooperate and coordinate with the department or 7381 applicable authority to facilitate the appearance of 7382 certain applicants at certain meetings in person, by 7383 teleconference, or by video conference, as 7384 appropriate; requiring the department or other 7385 applicable authority to provide certain lists on its 7386 website specifying how certain crimes do or do not 7387 affect an applicant’s eligibility for registration; 7388 providing that certain information be identified for 7389 each crime on such lists; requiring such lists to be 7390 available to the public upon request; amending s. 7391 500.451, F.S.; abolishing mandatory minimum sentence 7392 for the sale of horse meat for human consumption; 7393 amending s. 509.151, F.S.; increasing threshold 7394 amounts for certain theft offenses; amending s. 7395 562.11, F.S.; deleting provisions relating to 7396 withholding, suspending, or revoking the driving 7397 privilege of a person who provides alcoholic beverages 7398 to a person under 21 years of age; amending s. 7399 562.111, F.S.; deleting provisions relating to 7400 withholding, suspending, or revoking the driving 7401 privilege of a person under 21 years of age who 7402 possesses alcoholic beverages; amending s. 562.27, 7403 F.S.; reducing the offense severity of certain crimes 7404 related to the possession of a still or related 7405 apparatus; amending s. 562.451, F.S.; reducing the 7406 offense severity for possession of one or more gallons 7407 of certain liquors; amending s. 569.11, F.S.; 7408 conforming provisions to changes made by the act; 7409 revising penalties; amending s. 713.69, F.S.; 7410 increasing threshold amounts for certain theft 7411 offenses; amending s. 741.30, F.S.; conforming a 7412 provision to changes made by the act; amending s. 7413 775.082, F.S.; revising legislative intent that 7414 certain offenders released from incarceration from 7415 county detention facilities qualify as prison releasee 7416 reoffenders; amending s. 784.048, F.S.; revising the 7417 definition of the term “cyberstalk”; providing 7418 criminal penalties; amending s. 790.052, F.S.; 7419 specifying that certain law enforcement and 7420 correctional officers meet the definition of 7421 “qualified law enforcement officer” for the purposes 7422 of qualifying for certain rights during off-duty 7423 hours; specifying that certain persons meet the 7424 definition of “qualified retired law enforcement 7425 officer” for the purposes of qualifying for certain 7426 rights during off-duty hours; amending s. 790.22, 7427 F.S.; authorizing, rather than requiring, a court to 7428 withhold issuance of or suspend a person’s driver 7429 license or driving privilege for a minor who possesses 7430 or uses a firearm in certain circumstances; amending 7431 s. 800.09, F.S.; revising the definitions of the terms 7432 “employee” and “facility”; prohibiting certain lewd or 7433 lascivious acts in the presence of county correctional 7434 personnel; providing criminal penalties; amending s. 7435 806.13, F.S.; authorizing, rather than requiring, a 7436 court to withhold issuance of or suspend a person’s 7437 driver license or driving privilege for committing 7438 criminal mischief by a minor; amending s. 812.014, 7439 F.S.; increasing the threshold amount for certain 7440 theft offenses; revising the list of items the theft 7441 of which constitutes a felony of the third degree; 7442 requiring the Office of Program Policy Analysis and 7443 Government Accountability (OPPAGA) to perform a study 7444 about certain threshold amounts on a specified 7445 schedule; providing study requirements; requiring 7446 OPPAGA to consult with the Office of Economic and 7447 Demographic Research and other interested entities; 7448 requiring OPPAGA to submit a report to the Governor 7449 and the Legislature by a certain date and on a 7450 specified basis; amending s. 812.015, F.S.; revising 7451 the circumstances under which an offense of retail 7452 theft constitutes a felony of the second or third 7453 degree; authorizing the aggregation of retail thefts 7454 that occur in more than one judicial circuit within a 7455 30-day period into one total value and requiring 7456 prosecution of such thefts by the Office of the 7457 Statewide Prosecutor in accordance with s. 16.56, 7458 F.S.; requiring OPPAGA to perform a study about 7459 certain threshold amounts on a specified schedule; 7460 providing study requirements; requiring OPPAGA to 7461 consult with the Office of Economic and Demographic 7462 Research and other interested entities; requiring 7463 OPPAGA to submit a report to the Governor and the 7464 Legislature by a certain date and on a specified 7465 basis; amending s. 812.0155, F.S.; removing a court’s 7466 authority to suspend a driver license for a 7467 misdemeanor theft adjudication of guilt for a person 7468 18 years of age or older; allowing a court to suspend 7469 a driver license for a person 18 years of age or 7470 younger as an alternative to other possible sentences; 7471 amending s. 815.03, F.S.; revising the definition of 7472 the term “access” for purposes of provisions relating 7473 to computer crimes; amending s. 815.06, F.S.; revising 7474 conduct constituting an offense against users of 7475 computers, computer systems, computer networks, or 7476 electronic devices; providing criminal penalties; 7477 amending s. 817.413, F.S.; increasing threshold 7478 amounts for certain theft offenses; amending s. 7479 831.28, F.S.; criminalizing possession of a 7480 counterfeit instrument with intent to defraud; 7481 amending s. 849.01, F.S.; reducing the offense 7482 severity of certain crimes relating to keeping a 7483 gambling house or possessing certain gambling 7484 apparatuses; amending s. 877.112, F.S.; removing 7485 driver license revocation or suspension as a penalty 7486 for certain offenses involving nicotine products; 7487 amending s. 893.135, F.S.; revising threshold amounts 7488 for trafficking in specified substances ; amending s. 7489 900.05, F.S.; revising and providing definitions; 7490 revising and providing data required to be collected 7491 and reported to the Department of Law Enforcement by 7492 specified entities; requiring the department to 7493 publish data received from reporting agencies by a 7494 specified date; imposing penalties on reporting 7495 agencies for noncompliance with data reporting 7496 requirements; declaring information that is 7497 confidential and exempt upon collection by a reporting 7498 agency remains confidential and exempt when reported 7499 to the department; creating s. 943.0578, F.S.; 7500 establishing eligibility criteria for expunction of a 7501 criminal history record by a person found to have 7502 acted in lawful self-defense; requiring the department 7503 to issue a certificate of eligibility for expunction 7504 if specified criteria are fulfilled; specifying 7505 requirements for a petition to expunge; creating a 7506 penalty for providing false information on such 7507 petition; requiring the department to adopt rules 7508 relating to a certificate of expunction for lawful 7509 self-defense; amending s. 943.0581, F.S.; clarifying 7510 that administrative expunction applies to criminal 7511 history records resulting from an arrest made contrary 7512 to law or by mistake; creating s. 943.0584, F.S.; 7513 providing a definition; specifying criminal history 7514 records that are ineligible for court-ordered 7515 expunction or court-ordered sealing; amending s. 7516 943.0585, F.S.; providing eligibility criteria for 7517 court-ordered expunction of a criminal history record; 7518 requiring the department to issue a certificate of 7519 eligibility to petitioners meeting eligibility 7520 criteria; specifying requirements for a petition for 7521 court-ordered expunction; specifying a court’s 7522 authority to expunge criminal history records; 7523 specifying the process for a petition to expunge a 7524 criminal history record; specifying the process 7525 following the issuance of an order to expunge a 7526 criminal history record; specifying the effect of an 7527 order to expunge a criminal history record; amending 7528 s. 943.059, F.S.; providing eligibility criteria for 7529 court-ordered sealing of a criminal history record; 7530 requiring the department to issue a certificate of 7531 eligibility to petitioners meeting eligibility 7532 criteria; specifying requirements for a petition for 7533 court-ordered sealing; specifying a court’s authority 7534 to seal criminal history records; specifying the 7535 process for a petition to seal a criminal history 7536 record; specifying the effect of an order to seal a 7537 criminal history record; creating s. 943.0595, F.S.; 7538 requiring the department to adopt rules to implement 7539 administrative sealing of specified criminal history 7540 records; providing eligibility criteria for 7541 administrative sealing of criminal history records; 7542 specifying ineligible criminal history records; 7543 providing that there is no limitation on the number of 7544 times a person with an eligible criminal history 7545 record may obtain an automatic administrative sealing; 7546 requiring the clerk of court to transmit a certified 7547 copy of an eligible criminal history record to the 7548 department upon the resolution of a criminal case; 7549 specifying that the effect of automatic sealing is the 7550 same as court-ordered sealing; amending s. 943.6871, 7551 F.S.; declaring information received by the department 7552 from a reporting agency that is confidential and 7553 exempt upon collection remains confidential and 7554 exempt; requiring the Criminal and Juvenile Justice 7555 Information Systems Council to develop specifications 7556 for a uniform arrest affidavit; providing requirements 7557 for such affidavits; requiring the council to develop 7558 specifications for a uniform criminal charge and 7559 disposition statute crosswalk table and uniform 7560 criminal disposition and sentencing crosswalk table; 7561 requiring the department to procure the affidavit and 7562 statute crosswalk tables by a certain date; requiring 7563 the department to provide training on the use of the 7564 affidavit and crosswalk tables; requiring law 7565 enforcement agencies to use the uniform arrest 7566 affidavit and other agencies to use the statute 7567 crosswalk tables by a certain date; amending s. 7568 944.40, F.S.; including escape while on furlough in 7569 the offense of escape; providing criminal penalties; 7570 amending s. 944.47, F.S.; providing enhanced penalties 7571 for offenses involving introduction of contraband in 7572 correctional facilities when committed by correctional 7573 facility employees; amending s. 944.704, F.S.; 7574 authorizing the department to increase the number of 7575 employees serving as transition specialists and 7576 employment specialists; requiring transition 7577 assistance staff to provide job assignment 7578 credentialing and industry certification information 7579 to inmates before their release; amending s. 944.705, 7580 F.S.; requiring the department to establish a 7581 telephone hotline for released offenders; requiring 7582 that the department provide an inmate with a 7583 comprehensive community reentry resource directory 7584 organized by county before the inmate’s release; 7585 requiring the department to use certain programming 7586 data to notify inmates about reentry resources before 7587 release; authorizing a nonprofit faith-based or 7588 professional business or a civic or community 7589 organization to apply for registration with the 7590 department to provide inmate reentry services; 7591 requiring the department to adopt certain policies and 7592 procedures; authorizing the department to deny 7593 approval and registration of an organization or 7594 representative of an organization under certain 7595 circumstances; authorizing the department to contract 7596 with a public or private educational institution’s 7597 veteran advocacy clinic or veteran legal clinic for 7598 certain purposes; authorizing the department to 7599 contract with public or private organizations to 7600 establish transitional employment programs that 7601 provide employment opportunities to recently released 7602 inmates; requiring the department to adopt certain 7603 rules; amending s. 944.801, F.S.; authorizing the 7604 Correctional Education Program to establish a Prison 7605 Entrepreneurship Program and adopt procedures for 7606 admitting student inmates; providing requirements for 7607 the program; authorizing transitional and postrelease 7608 continuing educational services to be offered under 7609 certain circumstances; requiring the department to 7610 enter into certain agreements to implement the 7611 program; requiring that the program be funded with 7612 existing resources; authorizing the Department of 7613 Corrections to develop a program, in cooperation with 7614 the Department of Agriculture and Consumer Service, 7615 the Florida Forestry Division, and the Florida 7616 Department of Financial Services, Division of State 7617 Fire Marshall, to train and certify inmates to become 7618 firefighters; amending s. 948.001, F.S.; redefining 7619 the term “administrative probation”; amending s. 7620 948.013, F.S.; authorizing the department to transfer 7621 an offender to administrative probation under certain 7622 circumstances; amending s. 948.04, F.S.; requiring a 7623 court to early terminate a term of probation or 7624 convert the term to administrative probation under 7625 certain circumstances; authorizing a court to continue 7626 reporting probation upon making written findings; 7627 amending s. 948.05, F.S.; requiring the department to 7628 implement a graduated incentives program for 7629 probationers and offenders on community control; 7630 authorizing the department to issue certain incentives 7631 without leave of court; amending s. 948.06, F.S.; 7632 requiring a probation officer to determine whether a 7633 probationer or offender on community control who 7634 commits a technical violation is eligible for a 7635 certain alternative sanctioning program; authorizing 7636 the probation officer to take certain actions if such 7637 probationer or offender is eligible; defining the term 7638 “technical violation”; requiring a court to modify or 7639 continue a probationary term under certain 7640 circumstances; requiring that judicial circuits 7641 establish an alternative sanctioning program; 7642 authorizing the chief judge of each judicial circuit 7643 to issue specified administrative orders; requiring a 7644 probation officer to submit to the court for approval 7645 any recommended sanctions against a probationer or 7646 offender determined to be eligible for the program; 7647 defining the terms “low-risk violation” and “moderate 7648 risk violation”; specifying circumstances under which 7649 a probationer or offender on community control is not 7650 eligible for an alternative sanction; authorizing a 7651 probation officer to offer an eligible probationer one 7652 or more specified alternative sanctions for a first or 7653 second low-risk violation; authorizing a probation 7654 officer, under certain circumstances, to offer an 7655 eligible probationer or offender on community control 7656 one or more specified alternative sanctions for a 7657 first moderate-risk violation; providing that the 7658 participation of a probationer or offender on 7659 community control in the alternative sanctioning 7660 program is voluntary, subject to certain requirements; 7661 specifying actions that a probationer or offender on 7662 community control may take if he or she is eligible 7663 for an alternative sanctioning program; requiring that 7664 a probation officer, under certain circumstances, 7665 submit a recommended sanction to the court; 7666 authorizing the court to impose the recommended 7667 sanction or direct the department to submit a 7668 violation report, affidavit, and warrant to the court; 7669 authorizing a probation officer to submit a violation 7670 report, affidavit, and warrant to the court under 7671 certain circumstances; prohibiting certain evidence in 7672 subsequent proceedings; amending s. 948.08, F.S.; 7673 expanding eligibility criteria for pretrial substance 7674 abuse education programs to include a person with two 7675 or fewer convictions for nonviolent felonies; creating 7676 s. 948.081, F.S.; authorizing community court 7677 programs; providing program requirements; amending s. 7678 951.22, F.S.; providing an exception to a prohibition 7679 on contraband for certain legal documents; prohibiting 7680 introduction into or possession of certain cellular 7681 telephones or other portable communication devices on 7682 the grounds of any county detention facility; 7683 providing criminal penalties; amending s. 958.04, 7684 F.S.; revising the criteria authorizing a court to 7685 sentence as a youthful offender a person who is found 7686 guilty of, or who pled nolo contendere or guilty to, 7687 committing a felony before the person turned 21 years 7688 of age; amending s. 960.07, F.S.; increasing the 7689 timeframe for filing a crime victim compensation 7690 claim; providing an extension for good cause for a 7691 specified period; increasing the timeframe to file a 7692 claim for a victim or intervenor who was under a 7693 certain age at the time of the crime; providing an 7694 extension of a certain timeframe for good cause; 7695 increasing the timeframe a victim of a sexually 7696 violent offense may file a claim for victim 7697 compensation; amending s. 960.13, F.S.; increasing the 7698 timeframe for prompt reporting of a crime to be 7699 eligible for a victim compensation award; amending s. 7700 960.195, F.S.; increasing the timeframe for reporting 7701 a criminal or delinquent act resulting in property 7702 loss of an elderly person or disabled adult; amending 7703 s. 960.196, F.S.; increasing the timeframe to report 7704 certain human trafficking offenses to be eligible for 7705 a victim relocation assistance award; providing an 7706 extension for good cause; amending s. 960.28, F.S., 7707 increasing the maximum monetary reimbursement amount 7708 to certain medical providers for an initial forensic 7709 physical examination of certain victims; amending s. 7710 985.12, F.S.; providing that locally authorized 7711 entities may continue to operate an independent civil 7712 citation or similar prearrest diversion program that 7713 is in operation as of October 1, 2018; requiring each 7714 civil citation or similar diversion program to enter 7715 appropriate youth data into the Juvenile Justice 7716 Information System Prevention Web within a specified 7717 period after the admission of the youth into the 7718 program; amending s. 985.126, F.S.; removing the 7719 requirement for law enforcement officers to submit a 7720 copy of specified documentation to the Department of 7721 Juvenile Justice; requiring certain information be 7722 entered into the Juvenile Justice Information System 7723 Prevention Web within a specified timeframe; amending 7724 s. 985.145, F.S.; deleting the requirement that the 7725 department must enter certain information into the 7726 Juvenile Justice Information System Prevention Web in 7727 specified instances; amending s. 985.557, F.S.; 7728 deleting provisions requiring the mandatory direct 7729 filing of charges in adult court against juveniles 7730 under certain circumstances; amending ss. 776.09, 7731 943.053, and 943.0582, F.S.; conforming cross 7732 references; amending s. 985.565, F.S.; conforming 7733 provisions to changes made by the act; amending s. 7734 921.0022, F.S.; listing on levels 3 and 4 certain 7735 felonies on the offense severity ranking chart of the 7736 Criminal Punishment Code; conforming provisions to 7737 changes made by the act; reenacting s. 322.05(11), 7738 F.S., relating to prohibiting the issuance of a driver 7739 license to certain persons, to incorporate the 7740 amendment made to s. 322.056, F.S., in a reference 7741 thereto; reenacting s. 316.027(2)(c) and 7742 907.041(4)(c), F.S., relating to a crash involving 7743 death or personal injuries and pretrial detention and 7744 release, respectively, to incorporate the amendment 7745 made to s. 322.34, F.S., in references thereto; 7746 reenacting s. 509.161, F.S., relating to rules of 7747 evidence in certain prosecutions, to incorporate the 7748 amendment made to s. 509.151, F.S., in a reference 7749 thereto; reenacting ss. 790.065(2)(c), 794.056(1), 7750 847.0141(4), 901.41(5), 938.08, 938.085, 7751 943.325(2)(g), 948.06(8)(c), 948.062(1), 7752 960.001(1)(b), 985.265(3)(b), and 1006.147(3)(e), 7753 F.S., relating to the sale and delivery of firearms, 7754 the Rape Crisis Program Trust Fund, sexting, prearrest 7755 diversion programs, additional costs to fund programs 7756 in domestic violence and rape crisis centers, the DNA 7757 database, the definition of the term “qualifying 7758 offense” as it relates to the violation of probation 7759 or community control and failure to pay restitution or 7760 cost of supervision, reviewing and reporting serious 7761 offenses committed by offenders placed on probation or 7762 community control, guidelines for fair treatment of 7763 victims and witnesses in the criminal justice and 7764 juvenile justice systems, detention transfer and 7765 release, education, and adult jails, and the 7766 prohibition of bullying and harassment, respectively, 7767 to incorporate the amendment made to s. 784.048, F.S., 7768 in references thereto; reenacting s. 316.0775(1), 7769 F.S., relating to interference with official traffic 7770 control devices or railroad signs or signals, to 7771 incorporate the amendment made to s. 806.13, F.S., in 7772 a reference thereto; reenacting ss. 95.18(10), 7773 373.6055(3)(c), 400.9935(3), 550.6305(10), 627.743(2), 7774 634.421(2), 642.038(2), 705.102(4), 812.14(7), and 7775 893.138(3), F.S., relating to real property actions 7776 and adverse possession without color of title, 7777 criminal history checks for certain water management 7778 district employees and others, clinic 7779 responsibilities, intertrack wagering, guest track 7780 payments, and accounting rules, the payment of third 7781 party claims, reporting and accounting for funds, 7782 reporting lost or abandoned property, trespass and 7783 larceny with relation to utility fixtures and the 7784 theft of utility services, and local administrative 7785 action to abate drug-related, prostitution-related, or 7786 stolen-property-related public nuisances and criminal 7787 gang activity, respectively, to incorporate the 7788 amendment made to s. 812.014, F.S., in references 7789 thereto; reenacting ss. 538.09(5) and 538.23(2), F.S., 7790 relating to the registration of and violations and 7791 penalties for secondhand dealers, respectively, to 7792 incorporate the amendment made to s. 812.015, F.S., in 7793 references thereto; reenacting s. 1006.147(3)(e), 7794 F.S., relating to the prohibition of bullying and 7795 harassment, to incorporate the amendment made to s. 7796 815.03, F.S., in a reference thereto; reenacting ss. 7797 316.80(2), 775.30(1) and (2), 775.33(2), 782.04(5), 7798 and 934.07(3), F.S., relating to the unlawful 7799 conveyance of fuel and obtaining fuel fraudulently, 7800 terrorism, providing material support or resources for 7801 terrorism or to terrorist organizations, the 7802 definition of the term “terrorism” as it relates to 7803 murder, and the authorization for interception of 7804 wire, oral, or electronic communications, 7805 respectively, to incorporate the amendment made to s. 7806 815.06, F.S., in references thereto; reenacting s. 7807 849.02, F.S., relating to agents or employees of 7808 keepers of gambling houses, to incorporate the 7809 amendment made to s. 849.01, F.S., in a reference 7810 thereto; reenacting ss. 373.6055(3)(c), 397.4073(6), 7811 414.095(1), 772.12(2), 775.087(2)(a) and (3)(a), 7812 782.04(1)(a), (3), and (4), 810.02(3), 893.13(8)(d), 7813 893.1351(1) and (2), 900.05(3)(e), 903.133, 7814 907.041(4)(c), 921.141(9), and 921.142(2), F.S., 7815 relating to criminal history checks for certain water 7816 management district employees and others, background 7817 checks of service provider personnel, determining 7818 eligibility for temporary cash assistance, the Drug 7819 Dealer Liability Act, possession or use of a weapon, 7820 aggravated battery, felony reclassifications, and 7821 minimum sentencing, murder, burglary, prohibited acts 7822 and penalties relating to controlled substances, the 7823 ownership, lease, rental, or possession for 7824 trafficking in or manufacturing a controlled 7825 substance, criminal justice data collection, the 7826 prohibition of bail on appeal for certain felony 7827 convictions, pretrial detention and release, the 7828 sentence of death or life imprisonment for capital 7829 felonies and further proceedings to determine 7830 sentences, and the sentence of death or life 7831 imprisonment for capital drug trafficking felonies and 7832 further proceedings to determine sentences, 7833 respectively, to incorporate the amendment made to s. 7834 893.135, F.S., in references thereto; reenacting s. 7835 944.026(3)(a), F.S., relating to community-based 7836 facilities and programs, to incorporate the amendment 7837 made to s. 944.704, F.S., in a reference thereto; 7838 reenacting s. 944.4731(6), F.S., relating to the 7839 Addiction-Recovery Supervision Program, to incorporate 7840 the amendment made to s. 944.705, F.S., in a reference 7841 thereto; reenacting s. 447.203(2), F.S., relating to 7842 the definition of the terms “public employer” or 7843 “employer,” to incorporate the amendment made to s. 7844 944.801, F.S., in a reference thereto; reenacting s. 7845 921.187(1)(n), F.S., relating to disposition and 7846 sentencing alternatives, to incorporate the amendment 7847 made to s. 948.013, F.S., in a reference thereto; 7848 reenacting ss. 948.012(2)(b), 948.10(3), 948.20(3), 7849 and 958.14, F.S., relating to split sentencing of 7850 probation or community control and imprisonment, 7851 procedures governing violations of community control, 7852 revocation of drug offender probation, and violations 7853 of probation or community control programs, 7854 respectively, to incorporate the amendment made to s. 7855 948.06, F.S., in references thereto; reenacting ss. 7856 796.07(4)(b), 944.026(3)(b), and 948.036(1), F.S., 7857 relating to charges of prostitution and related acts, 7858 certain pretrial intervention programs, and work 7859 programs, respectively, to incorporate the amendment 7860 made to s. 948.08, F.S., in references thereto; 7861 reenacting ss. 394.47892(2), 397.334(5), and 7862 910.035(5)(a), F.S., relating to mental health court 7863 programs, treatment-based drug court programs, and 7864 transfer for participation in a problem-solving court, 7865 respectively, to incorporate the amendments made to 7866 ss. 948.08 and 948.16, F.S., in references thereto; 7867 reenacting ss. 958.03(5), 958.045(8)(a), 958.046, and 7868 985.565(4)(c), F.S., relating to the definition of the 7869 term “youthful offender,” the youthful offender basic 7870 training program, county-operated youthful offender 7871 boot camp programs, and adult sanctions upon failure 7872 of juvenile sanctions, to incorporate the amendment 7873 made to s. 958.04, F.S., in references thereto; 7874 reenacting s. 985.556(3), F.S., relating to 7875 involuntary mandatory waiver, to incorporate the 7876 amendment made to s. 985.557, F.S., in a reference 7877 thereto; reenacting ss. 985.15(1), and 985.26(2)(c), 7878 F.S., relating to filing decisions of state attorneys 7879 in the prosecution of a child, and length of detention 7880 for prolific juvenile offenders, respectively, to 7881 incorporate the amendment made to s. 985.557, F.S., in 7882 references thereto; creating the Task Force on the 7883 Criminal Punishment Code adjunct to the Department of 7884 Legal Affairs; providing a legislative finding; 7885 specifying the task force’s purpose; requiring that 7886 the task force analyze best practices; providing for 7887 membership of the task force and the filling of any 7888 vacancies; providing meeting requirements; providing 7889 for staff support; requiring specified governmental 7890 entities to provide certain information and support 7891 services upon request of the Attorney General; 7892 providing for reimbursement of per diem and travel 7893 expenses; prescribing reporting requirements; 7894 providing for dissolution of the task force; providing 7895 an appropriation; providing effective dates.