Bill Text: FL S0642 | 2019 | Regular Session | Comm Sub
Bill Title: Public Safety
Spectrum:
Status: (Introduced - Dead) 2019-05-01 - Laid on Table, companion bill(s) passed, see CS/HB 1021 (Ch. 2019-91), HB 5011 (Ch. 2019-95), CS/HB 7125 (Ch. 2019-167), CS/SB 160 (Ch. 2019-45), CS/SB 828 (Ch. 2019-50), SB 910 (Ch. 2019-61), CS/CS/SB 1418 (Ch. 2019-134) [S0642 Detail]
Download: Florida-2019-S0642-Comm_Sub.html
Florida Senate - 2019 CS for CS for SB 642 By the Committees on Appropriations; and Criminal Justice; and Senators Brandes, Gruters, Rouson, Perry, Broxson, and Taddeo 576-04632-19 2019642c2 1 A bill to be entitled 2 An act relating to public safety; creating s. 25.025, 3 F.S.; authorizing certain Supreme Court justices to 4 have an appropriate facility in their district of 5 residence designated as their official headquarters; 6 providing that an official headquarters may serve only 7 as a justice’s private chambers; providing that such 8 justices are eligible for a certain subsistence 9 allowance and reimbursement for certain transportation 10 expenses; requiring that such allowance and 11 reimbursement be made to the extent appropriated funds 12 are available, as determined by the Chief Justice; 13 requiring the Chief Justice to coordinate with certain 14 persons in designating official headquarters; 15 providing that a county is not required to provide 16 space for a justice in a county courthouse; 17 authorizing counties to enter into agreements with the 18 Supreme Court for the use of county courthouse space; 19 prohibiting the Supreme Court from using state funds 20 to lease space in specified facilities to allow a 21 justice to establish an official headquarters; 22 amending s. 26.031, F.S.; increasing the number of 23 circuit judges in certain judicial circuits; creating 24 s. 43.51, F.S.; requiring the Office of the State 25 Courts Administrator to provide an annual report 26 containing certain information to the Legislature; 27 defining the term “problem-solving court”; amending s. 28 57.105, F.S.; prohibiting the awarding of attorney 29 fees for certain proceedings for injunctions for 30 protection under specified provisions; providing an 31 exception; amending s. 212.15, F.S.; increasing 32 threshold amounts for certain theft offenses; amending 33 s. 322.055, F.S.; reducing the length of driver 34 license revocation for possession or sale of, 35 trafficking in, or conspiracy to possess, sell, or 36 traffic in a controlled substance; deleting provisions 37 authorizing a driver to petition the Department of 38 Highway Safety and Motor Vehicles for restoration of 39 his or her driving privilege; amending s. 322.056, 40 F.S.; reducing the period for revocation or suspension 41 of, or delay of eligibility for, driver licenses or 42 driving privileges for certain persons found guilty of 43 certain drug offenses; deleting requirements relating 44 to the revocation or suspension of, or delay of 45 eligibility for, driver licenses or driving privileges 46 for certain persons found guilty of certain alcohol or 47 tobacco offenses; deleting provisions relating to the 48 suspension or revocation of certain persons’ driver 49 licenses; repealing s. 322.057, F.S., relating to 50 discretionary revocation or suspension of a driver 51 license for certain persons who provide alcohol to 52 persons under a specified age; amending s. 322.34, 53 F.S.; revising criminal penalties for the third or 54 subsequent offense of driving while license suspended, 55 revoked, canceled, or disqualified; creating s. 56 322.75, F.S.; requiring each clerk of court to 57 establish a Driver License Reinstatement Days program 58 for reinstating suspended driver licenses in certain 59 circumstances; providing duties of the clerks of the 60 circuit courts and the department; authorizing such 61 clerks to compromise on or waive certain fees and 62 costs; providing eligibility requirements; requiring 63 the clerks of court to collect specified data and 64 report such data to the Florida Clerks of Court 65 Operations Corporation; requiring the Florida Clerks 66 of Court Operations Corporation to report specified 67 information in the annual report required by s. 28.35, 68 F.S.; amending s. 381.0041, F.S.; providing an 69 exception to allow the donation of human tissue by a 70 person who has human immunodeficiency virus infection 71 under certain circumstances; reclassifying a criminal 72 offense relating to such donations; amending s. 73 384.23, F.S.; providing definitions; amending s. 74 384.24, F.S.; expanding the scope of unlawful acts by 75 a person infected with a sexually transmissible 76 disease; expanding the list of sexually transmissible 77 diseases to include human immunodeficiency virus 78 infection; providing that certain actions are not 79 sufficient evidence to establish intent on the part of 80 the person who transmits the disease; providing a 81 definition; amending s. 384.34, F.S.; reclassifying 82 specified criminal offenses; removing a fine for 83 specified rule violations; amending s. 394.47891, 84 F.S.; requiring, rather than authorizing, the chief 85 judge of each judicial circuit to establish a Military 86 Veterans and Servicemembers Court Program; revising 87 the list of individuals who, if charged or convicted 88 of certain criminal offenses, may participate in a 89 Military Veterans and Servicemembers Court Program 90 under certain circumstances; amending s. 394.917, 91 F.S.; requiring the Department of Children and 92 Families to provide rehabilitation to criminal 93 offenders designated as sexually violent predators; 94 amending s. 397.334, F.S.; conforming provisions to 95 changes made by the act; amending s. 455.213, F.S.; 96 conforming a cross-reference; requiring the Department 97 of Business and Professional Regulation or applicable 98 board to use a specified process for the review of an 99 applicant’s criminal history record to determine the 100 applicant’s eligibility for certain licenses; 101 prohibiting the conviction of a crime before a 102 specified date from being grounds for denial of 103 certain licenses; defining the term “conviction”; 104 authorizing a person to apply for a license before his 105 or her lawful release from confinement or supervision; 106 prohibiting additional fees for an applicant confined 107 or under supervision; prohibiting the department or 108 applicable board from basing a denial of a license 109 application solely on the applicant’s current 110 confinement or supervision; authorizing the department 111 or applicable board to stay the issuance of an 112 approved license under certain circumstances; 113 requiring the department or applicable board to verify 114 an applicant’s release with the Department of 115 Corrections or other applicable authority; providing 116 requirements for the appearance of certain applicants 117 at certain meetings; requiring the department or 118 applicable board to provide an annually updated list 119 on its website specifying how certain crimes affect an 120 applicant’s eligibility for licensure; providing that 121 certain information be identified for each crime on 122 the list; requiring that such list be available to the 123 public upon request; amending s. 474.2165, F.S.; 124 authorizing a veterinarian to report certain suspected 125 criminal violations without notice to or authorization 126 from a client; providing an exception; amending s. 127 489.126, F.S.; providing that a contractor has a just 128 cause defense for criminal offenses and disciplinary 129 violations; providing an inference; deleting an intent 130 requirement for contractor offenses; revising elements 131 of offenses; revising criminal penalties for 132 contractor offenses; amending s. 489.553, F.S.; 133 prohibiting the conviction of a crime from being 134 grounds for the denial of registration after a 135 specified time has passed under certain circumstances; 136 defining the term “conviction”; authorizing a person 137 to apply for registration before his or her lawful 138 release from confinement or supervision; prohibiting 139 the Department of Business and Professional Regulation 140 from charging an applicant who is confined or under 141 supervision additional fees; prohibiting the 142 applicable board from basing the denial of 143 registration solely on the applicant’s current 144 confinement or supervision; authorizing the board to 145 stay the issuance of an approved registration under 146 certain circumstances; requiring the board to verify 147 an applicant’s release with the Department of 148 Corrections or other applicable authority; providing 149 requirements for the appearance of certain applicants 150 at certain meetings; requiring the applicable board to 151 provide a quarterly updated list on its website 152 specifying how certain crimes may affect an 153 applicant’s eligibility for registration; providing 154 that certain information be identified for each crime 155 on the list; requiring that such list be available to 156 the public upon request; amending s. 500.451, F.S.; 157 abolishing mandatory minimum sentence for the sale of 158 horse meat for human consumption; amending s. 509.151, 159 F.S.; increasing threshold amounts for certain theft 160 offenses; amending s. 562.11, F.S.; deleting 161 provisions relating to withholding, suspending, or 162 revoking the driving privilege of a person who 163 provides alcoholic beverages to a person under 21 164 years of age; amending s. 562.111, F.S.; deleting 165 provisions relating to withholding, suspending, or 166 revoking the driving privilege of a person under 21 167 years of age who possesses alcoholic beverages; 168 amending s. 562.27, F.S.; reducing the offense 169 severity of certain crimes related to the possession 170 of a still or related apparatus; amending s. 562.451, 171 F.S.; reducing the offense severity for possession of 172 one or more gallons of certain liquors; amending s. 173 569.11, F.S.; conforming provisions to changes made by 174 the act; revising penalties; amending s. 713.69, F.S.; 175 increasing threshold amounts for certain theft 176 offenses; amending s. 775.082, F.S.; revising 177 legislative intent that certain offenders released 178 from incarceration from county detention facilities 179 qualify as prison releasee reoffenders; amending s. 180 775.087, F.S.; providing legislative intent regarding 181 retroactive application; prohibiting mandatory minimum 182 sentencing for aggravated assault or attempted 183 aggravated assault committed before July 1, 2016; 184 amending s. 775.0877, F.S.; conforming provisions to 185 changes made by the act; amending s. 784.048, F.S.; 186 revising the definition of the term “cyberstalk”; 187 providing criminal penalties; amending s. 790.052, 188 F.S.; specifying that certain law enforcement and 189 correctional officers meet the definition of 190 “qualified law enforcement officer” for the purposes 191 of qualifying for certain rights during off-duty 192 hours; specifying that certain persons meet the 193 definition of “qualified retired law enforcement 194 officer” for the purposes of qualifying for certain 195 rights during off-duty hours; amending s. 790.22, 196 F.S.; authorizing, rather than requiring, a court to 197 withhold issuance of or suspend a person’s driver 198 license or driving privilege for a minor who possesses 199 or uses a firearm in certain circumstances; amending 200 s. 800.09, F.S.; revising the definitions of the terms 201 “employee” and “facility”; prohibiting certain lewd or 202 lascivious acts in the presence of county correctional 203 personnel; providing criminal penalties; amending s. 204 806.13, F.S.; authorizing, rather than requiring, a 205 court to withhold issuance of or suspend a person’s 206 driver license or driving privilege for committing 207 criminal mischief by a minor; amending s. 812.014, 208 F.S.; increasing the threshold amount for certain 209 theft offenses; requiring the Office of Program Policy 210 Analysis and Government Accountability (OPPAGA) to 211 perform a study about certain threshold amounts on a 212 specified schedule; providing study requirements; 213 requiring OPPAGA to consult with the Office of 214 Economic and Demographic Research and other interested 215 entities; requiring OPPAGA to submit a report to the 216 Governor and the Legislature by a certain date and on 217 a specified basis; amending s. 812.015, F.S.; revising 218 the circumstances under which an offense of retail 219 theft constitutes a felony of the second or third 220 degree; authorizing the aggregation of retail thefts 221 that occur in more than one judicial circuit within a 222 30-day period into one total value and requiring 223 prosecution of such thefts by the Office of the 224 Statewide Prosecutor in accordance with s. 16.56, 225 F.S.; requiring OPPAGA to perform a study about 226 certain threshold amounts on a specified schedule; 227 providing study requirements; requiring OPPAGA to 228 consult with the Office of Economic and Demographic 229 Research and other interested entities; requiring 230 OPPAGA to submit a report to the Governor and the 231 Legislature by a certain date and on a specified 232 basis; amending s. 812.0155, F.S.; removing a court’s 233 authority to suspend a driver license for a 234 misdemeanor theft adjudication of guilt for a person 235 18 years of age or older; allowing a court to suspend 236 a driver license for a person 18 years of age or 237 younger as an alternative to other possible sentences; 238 amending s. 815.03, F.S.; revising the definition of 239 the term “access” for purposes of provisions relating 240 to computer crimes; amending s. 815.06, F.S.; revising 241 conduct constituting an offense against users of 242 computers, computer systems, computer networks, or 243 electronic devices; providing criminal penalties; 244 amending s. 817.413, F.S.; increasing threshold 245 amounts for certain theft offenses; amending s. 246 831.28, F.S.; criminalizing possession of a 247 counterfeit instrument with intent to defraud; 248 amending s. 847.011, F.S.; prohibiting a person from 249 knowingly selling, lending, giving away, distributing, 250 transmitting, showing, or transmuting a child-like sex 251 doll; prohibiting a person from offering to commit 252 such actions, having in his or her possession, 253 custody, or control with the intent to commit such 254 actions or advertising in any manner an obscene, 255 child-like sex doll; providing criminal penalties; 256 prohibiting a person from knowingly having in his or 257 her possession, custody, or control an obscene, child 258 like sex doll; providing criminal penalties; amending 259 s. 849.01, F.S.; reducing the offense severity of 260 certain crimes relating to keeping a gambling house or 261 possessing certain gambling apparatuses; amending s. 262 877.112, F.S.; removing driver license revocation or 263 suspension as a penalty for certain offenses involving 264 nicotine products; amending s. 893.135, F.S.; defining 265 the term “dosage unit”; providing applicability; 266 prohibiting the sale, purchase, delivery, bringing 267 into this state, or actual or constructive possession 268 of specified amounts of dosage units of certain 269 controlled substances; creating the offense of 270 “trafficking in pharmaceuticals”; providing criminal 271 penalties; requiring that the court impose, for an 272 offense relating to trafficking in certain substances, 273 a sentence pursuant to the Criminal Punishment Code 274 and without regard to any statutory minimum sentence 275 if the court makes specified findings under certain 276 circumstances; providing legislative intent regarding 277 retroactive application; providing for sentencing or 278 resentencing of specified drug trafficking offenses 279 committed before July 1, 2014; amending s. 900.05, 280 F.S.; revising and providing definitions; revising and 281 providing data required to be collected and reported 282 to the Department of Law Enforcement by specified 283 entities; requiring the department to publish data 284 received from reporting agencies by a specified date; 285 imposing penalties on reporting agencies for 286 noncompliance with data reporting requirements; 287 declaring information that is confidential and exempt 288 upon collection by a reporting agency remains 289 confidential and exempt when reported to the 290 department; creating s. 900.06, F.S.; defining terms 291 and specifying covered offenses; requiring that a 292 custodial interrogation at a place of detention be 293 electronically recorded in its entirety in connection 294 with certain offenses; requiring law enforcement 295 officers who do not comply with the electronic 296 recording requirement or who conduct custodial 297 interrogations at a place other than a place of 298 detention to prepare a specified report; providing 299 exceptions to the electronic recording requirement; 300 requiring a court to consider a law enforcement 301 officer’s failure to comply with the electronic 302 recording requirement in determining the admissibility 303 of a statement, unless an exception applies; requiring 304 a court, upon the request of a defendant, to give 305 cautionary instructions to a jury under certain 306 circumstances; providing immunity from civil liability 307 to law enforcement agencies that enforce certain 308 rules; providing that no cause of action is created 309 against a law enforcement officer; amending s. 310 921.002, F.S.; revising a principle of the Criminal 311 Punishment Code relating to a prisoner’s required 312 minimum term of imprisonment; providing retroactivity; 313 creating s. 943.0578, F.S.; establishing eligibility 314 criteria for expunction of a criminal history record 315 by a person found to have acted in lawful self 316 defense; requiring the department to issue a 317 certificate of eligibility for expunction if specified 318 criteria are fulfilled; specifying requirements for a 319 petition to expunge; creating a penalty for providing 320 false information on such petition; requiring the 321 department to adopt rules relating to a certificate of 322 expunction for lawful self-defense; amending s. 323 943.0581, F.S.; clarifying that administrative 324 expunction applies to criminal history records 325 resulting from an arrest made contrary to law or by 326 mistake; creating s. 943.0584, F.S.; providing a 327 definition; specifying criminal history records that 328 are ineligible for court-ordered expunction or court 329 ordered sealing; amending s. 943.0585, F.S.; providing 330 eligibility criteria for court-ordered expunction of a 331 criminal history record; requiring the department to 332 issue a certificate of eligibility to petitioners 333 meeting eligibility criteria; specifying requirements 334 for a petition for court-ordered expunction; 335 specifying a court’s authority to expunge criminal 336 history records; specifying the process for a petition 337 to expunge a criminal history record; specifying the 338 process following the issuance of an order to expunge 339 a criminal history record; specifying the effect of an 340 order to expunge a criminal history record; amending 341 s. 943.059, F.S.; providing eligibility criteria for 342 court-ordered sealing of a criminal history record; 343 requiring the department to issue a certificate of 344 eligibility to petitioners meeting eligibility 345 criteria; specifying requirements for a petition for 346 court-ordered sealing; specifying a court’s authority 347 to seal criminal history records; specifying the 348 process for a petition to seal a criminal history 349 record; specifying the effect of an order to seal a 350 criminal history record; creating s. 943.0595, F.S.; 351 requiring the department to adopt rules to implement 352 administrative sealing of specified criminal history 353 records; providing eligibility criteria for 354 administrative sealing of criminal history records; 355 specifying ineligible criminal history records; 356 providing that there is no limitation on the number of 357 times a person with an eligible criminal history 358 record may obtain an automatic administrative sealing; 359 requiring the clerk of court to transmit a certified 360 copy of an eligible criminal history record to the 361 department upon the resolution of a criminal case; 362 specifying that the effect of automatic sealing is the 363 same as court-ordered sealing; amending s. 943.325, 364 F.S.; revising legislative findings relating to the 365 use of the DNA database; amending s. 943.6871, F.S.; 366 declaring information received by the department from 367 a reporting agency that is confidential and exempt 368 upon collection remains confidential and exempt; 369 requiring the department to commission a racial impact 370 statement on certain proposed criminal justice 371 legislation; amending s. 944.275, F.S.; revising the 372 incentive gain-time that the Department of Corrections 373 may grant a prisoner for offenses committed on or 374 after a specified date; amending s. 944.47, F.S.; 375 providing enhanced penalties for offenses involving 376 introduction of contraband in correctional facilities 377 when committed by correctional facility employees; 378 amending s. 944.704, F.S.; authorizing the department 379 to increase the number of employees serving as 380 transition specialists and employment specialists; 381 requiring transition assistance staff to provide job 382 assignment credentialing and industry certification 383 information to inmates before their release; amending 384 s. 944.705, F.S.; requiring the department to 385 establish a telephone hotline for released offenders; 386 requiring that the department provide an inmate with a 387 comprehensive community reentry resource directory 388 organized by county before the inmate’s release; 389 requiring the department to use certain programming 390 data to notify inmates about reentry resources before 391 release; authorizing a nonprofit faith-based or 392 professional business or a civic or community 393 organization to apply for registration with the 394 department to provide inmate reentry services; 395 requiring the department to adopt certain policies and 396 procedures; authorizing the department to deny 397 approval and registration of an organization or 398 representative of an organization under certain 399 circumstances; authorizing the department to contract 400 with a public or private educational institution’s 401 veteran advocacy clinic or veteran legal clinic for 402 certain purposes; authorizing the department to 403 contract with public or private organizations to 404 establish transitional employment programs that 405 provide employment opportunities to recently released 406 inmates; requiring the department to adopt certain 407 rules; amending s. 944.801, F.S.; authorizing the 408 Correctional Education Program to establish a Prison 409 Entrepreneurship Program and adopt procedures for 410 admitting student inmates; providing requirements for 411 the program; authorizing transitional and postrelease 412 continuing educational services to be offered under 413 certain circumstances; requiring the department to 414 enter into certain agreements to implement the 415 program; requiring that the program be funded with 416 existing resources; amending s. 948.001, F.S.; 417 redefining the term “administrative probation”; 418 amending s. 948.013, F.S.; authorizing the department 419 to transfer an offender to administrative probation 420 under certain circumstances; amending s. 948.03, F.S.; 421 requiring the department to include in the Florida 422 Crime Information Center system all conditions of 423 probation as determined by the court for each 424 probationer; amending s. 948.04, F.S.; requiring a 425 court to early terminate a term of probation or 426 convert the term to administrative probation under 427 certain circumstances; authorizing a court to continue 428 reporting probation upon making written findings; 429 amending s. 948.05, F.S.; requiring the department to 430 implement a graduated incentives program for 431 probationers and offenders on community control; 432 authorizing the department to issue certain incentives 433 without leave of court; amending s. 948.06, F.S.; 434 requiring a probation officer to determine whether a 435 probationer or offender on community control who 436 commits a technical violation is eligible for a 437 certain alternative sanctioning program; authorizing 438 the probation officer to take certain actions if such 439 probationer or offender is eligible; defining the term 440 “technical violation”; requiring a court to modify or 441 continue a probationary term under certain 442 circumstances; requiring that judicial circuits 443 establish an alternative sanctioning program; 444 authorizing the chief judge of each judicial circuit 445 to issue specified administrative orders; requiring a 446 probation officer to submit to the court for approval 447 any recommended sanctions against a probationer or 448 offender determined to be eligible for the program; 449 defining the terms “low-risk violation” and “moderate 450 risk violation”; specifying circumstances under which 451 a probationer or offender on community control is not 452 eligible for an alternative sanction; authorizing a 453 probation officer to offer an eligible probationer one 454 or more specified alternative sanctions for a first or 455 second low-risk violation; authorizing a probation 456 officer, under certain circumstances, to offer an 457 eligible probationer or offender on community control 458 one or more specified alternative sanctions for a 459 first moderate-risk violation; providing that the 460 participation of a probationer or offender on 461 community control in the alternative sanctioning 462 program is voluntary, subject to certain requirements; 463 specifying actions that a probationer or offender on 464 community control may take if he or she is eligible 465 for an alternative sanctioning program; requiring that 466 a probation officer, under certain circumstances, 467 submit a recommended sanction to the court; 468 authorizing the court to impose the recommended 469 sanction or direct the department to submit a 470 violation report, affidavit, and warrant to the court; 471 authorizing a probation officer to submit a violation 472 report, affidavit, and warrant to the court under 473 certain circumstances; prohibiting certain evidence in 474 subsequent proceedings; amending s. 948.08, F.S.; 475 expanding eligibility criteria for pretrial substance 476 abuse education programs to include a person with two 477 or fewer convictions for nonviolent felonies; revising 478 the list of individuals who, if charged with certain 479 felonies, are eligible for voluntary admission into a 480 pretrial veterans’ treatment intervention program 481 under certain circumstances; creating s. 948.081, 482 F.S.; authorizing community court programs; providing 483 program requirements; amending s. 948.16, F.S.; 484 revising the list of individuals who, if charged with 485 certain misdemeanors, are eligible for voluntary 486 admission into a misdemeanor pretrial veterans’ 487 treatment intervention program under certain 488 circumstances; amending s. 948.21, F.S.; revising the 489 list of individuals who, if probationers or community 490 controlees, may be required to participate in a 491 certain treatment program under certain circumstances; 492 providing program criteria; amending s. 951.22, F.S.; 493 prohibiting introduction into or possession of certain 494 cellular telephones or other portable communication 495 devices on the grounds of any county detention 496 facility; providing criminal penalties; amending s. 497 958.04, F.S.; revising the criteria authorizing a 498 court to sentence as a youthful offender a person who 499 is found guilty of, or who pled nolo contendere or 500 guilty to, committing a felony before the person 501 turned 21 years of age; amending s. 960.003, F.S.; 502 conforming cross-references; amending s. 960.07, F.S.; 503 increasing the timeframe for filing a crime victim 504 compensation claim; providing an extension for good 505 cause for a specified period; increasing the timeframe 506 for a victim or intervenor who was less than 18 years 507 of age at the time of the crime to file a claim; 508 providing an extension for good cause for a specified 509 period; increasing the timeframe for filing a claim 510 for victim compensation for a victim of a sexually 511 violent offense; amending s. 960.13, F.S.; increasing 512 the timeframe for prompt reporting of a crime to be 513 eligible for a victim compensation award; amending s. 514 960.195, F.S.; increasing the timeframe for reporting 515 a criminal or delinquent act resulting in property 516 loss of an elderly person or disabled adult; amending 517 s. 960.196, F.S.; increasing the timeframe to report 518 certain human trafficking offenses to be eligible for 519 a victim relocation assistance award; providing an 520 extension for good cause; amending s. 985.12, F.S.; 521 providing that locally authorized entities may 522 continue to operate an independent civil citation or 523 similar prearrest diversion program that is in 524 operation as of October 1, 2018; requiring each civil 525 citation or similar diversion program to enter 526 appropriate youth data into the Juvenile Justice 527 Information System Prevention Web within a specified 528 period after the admission of the youth into the 529 program; amending s. 985.126, F.S.; removing the 530 requirement for law enforcement officers to submit a 531 copy of specified documentation to the Department of 532 Juvenile Justice; requiring certain information be 533 entered into the Juvenile Justice Information System 534 Prevention Web within a specified timeframe; amending 535 s. 985.145, F.S.; deleting the requirement that the 536 department must enter certain information into the 537 Juvenile Justice Information System Prevention Web in 538 specified instances; amending s. 985.265, F.S.; 539 revising provisions concerning the housing of children 540 held in detention; prohibiting a child who has been 541 transferred to adult court for criminal prosecution 542 pursuant to direct file from being held in a jail or 543 other facility used for the detention of adults prior 544 to a hearing to determine if the child should remain 545 in adult court; amending s. 985.557, F.S.; deleting 546 references to the state attorney’s discretion to 547 direct file a juvenile; revising discretionary direct 548 file criteria; deleting provisions for mandatory 549 direct file; providing for an opportunity for a 550 hearing to reverse a direct file; deleting provisions 551 requiring the mandatory direct filing of charges in 552 adult court against juveniles in certain 553 circumstances; amending ss. 776.09, 893.03, 943.053, 554 and 943.0582, F.S.; conforming cross-references; 555 amending s. 985.565, F.S.; conforming provisions to 556 changes made by the act; amending s. 921.0022, F.S.; 557 listing on levels 3 and 4 certain felonies on the 558 offense severity ranking chart of the Criminal 559 Punishment Code; conforming provisions to changes made 560 by the act; reenacting s. 322.05(11), F.S., relating 561 to prohibiting the issuance of a driver license to 562 certain persons, to incorporate the amendment made to 563 s. 322.056, F.S., in a reference thereto; reenacting 564 s. 316.027(2)(c) and 907.041(4)(c), F.S., relating to 565 a crash involving death or personal injuries and 566 pretrial detention and release, respectively, to 567 incorporate the amendment made to s. 322.34, F.S., in 568 references thereto; reenacting s. 910.035(5), F.S., 569 relating to transfer for participation in a problem 570 solving court, to incorporate the amendment made to s. 571 394.47891, F.S., in a reference thereto; reenacting s. 572 509.161, F.S., relating to rules of evidence in 573 certain prosecutions, to incorporate the amendment 574 made to s. 509.151, F.S., in a reference thereto; 575 reenacting ss. 790.065(2)(c), 794.056(1), 847.0141(4), 576 901.41(5), 938.08, 938.085, 943.325(2)(g), 577 948.06(8)(c), 948.062(1), 960.001(1)(b), 578 985.265(3)(b), and 1006.147(3)(e), F.S., relating to 579 the sale and delivery of firearms, the Rape Crisis 580 Program Trust Fund, sexting, prearrest diversion 581 programs, additional costs to fund programs in 582 domestic violence and rape crisis centers, the DNA 583 database, the definition of the term “qualifying 584 offense” as it relates to the violation of probation 585 or community control and failure to pay restitution or 586 cost of supervision, reviewing and reporting serious 587 offenses committed by offenders placed on probation or 588 community control, guidelines for fair treatment of 589 victims and witnesses in the criminal justice and 590 juvenile justice systems, detention transfer and 591 release, education, and adult jails, and the 592 prohibition of bullying and harassment, respectively, 593 to incorporate the amendment made to s. 784.048, F.S., 594 in references thereto; reenacting s. 316.0775(1), 595 F.S., relating to interference with official traffic 596 control devices or railroad signs or signals, to 597 incorporate the amendment made to s. 806.13, F.S., in 598 a reference thereto; reenacting ss. 95.18(10), 599 373.6055(3)(c), 400.9935(3), 550.6305(10), 627.743(2), 600 634.421(2), 642.038(2), 705.102(4), 812.14(7), and 601 893.138(3), F.S., relating to real property actions 602 and adverse possession without color of title, 603 criminal history checks for certain water management 604 district employees and others, clinic 605 responsibilities, intertrack wagering, guest track 606 payments, and accounting rules, the payment of third 607 party claims, reporting and accounting for funds, 608 reporting lost or abandoned property, trespass and 609 larceny with relation to utility fixtures and the 610 theft of utility services, and local administrative 611 action to abate drug-related, prostitution-related, or 612 stolen-property-related public nuisances and criminal 613 gang activity, respectively, to incorporate the 614 amendment made to s. 812.014, F.S., in references 615 thereto; reenacting ss. 538.09(5) and 538.23(2), F.S., 616 relating to the registration of and violations and 617 penalties for secondhand dealers, respectively, to 618 incorporate the amendment made to s. 812.015, F.S., in 619 references thereto; reenacting s. 1006.147(3)(e), 620 F.S., relating to the prohibition of bullying and 621 harassment, to incorporate the amendment made to s. 622 815.03, F.S., in a reference thereto; reenacting ss. 623 316.80(2), 775.30(1) and (2), 775.33(2), 782.04(5), 624 and 934.07(3), F.S., relating to the unlawful 625 conveyance of fuel and obtaining fuel fraudulently, 626 terrorism, providing material support or resources for 627 terrorism or to terrorist organizations, the 628 definition of the term “terrorism” as it relates to 629 murder, and the authorization for interception of 630 wire, oral, or electronic communications, 631 respectively, to incorporate the amendment made to s. 632 815.06, F.S., in references thereto; reenacting ss. 633 772.102(1)(a), 847.02, 847.03, 847.09(2), 634 895.02(8)(a), 933.02(2), 933.03, and 943.325(2)(g), 635 F.S., relating to the definition of the term “criminal 636 activity,” the confiscation of obscene material, the 637 seizure of obscene material by an officer, legislative 638 intent regarding obscene materials, the definition of 639 the term “racketeering activity,” grounds for the 640 issuance of a search warrant, the destruction of 641 obscene prints and literature, and the DNA database, 642 respectively, to incorporate the amendment made to s. 643 847.011, F.S., in a reference thereto; reenacting s. 644 849.02, F.S., relating to agents or employees of 645 keepers of gambling houses, to incorporate the 646 amendment made to s. 849.01, F.S., in a reference 647 thereto; reenacting ss. 373.6055(3)(c), 397.4073(6), 648 414.095(1), 772.12(2), 775.087(2)(a) and (3)(a), 649 782.04(1)(a), (3), and (4), 810.02(3), 893.13(8)(d), 650 893.1351(1) and (2), 900.05(3)(e), 903.133, 651 907.041(4)(c), 921.141(9), and 921.142(2), F.S., 652 relating to criminal history checks for certain water 653 management district employees and others, background 654 checks of service provider personnel, determining 655 eligibility for temporary cash assistance, the Drug 656 Dealer Liability Act, possession or use of a weapon, 657 aggravated battery, felony reclassifications, and 658 minimum sentencing, murder, burglary, prohibited acts 659 and penalties relating to controlled substances, the 660 ownership, lease, rental, or possession for 661 trafficking in or manufacturing a controlled 662 substance, criminal justice data collection, the 663 prohibition of bail on appeal for certain felony 664 convictions, pretrial detention and release, the 665 sentence of death or life imprisonment for capital 666 felonies and further proceedings to determine 667 sentences, and the sentence of death or life 668 imprisonment for capital drug trafficking felonies and 669 further proceedings to determine sentences, 670 respectively, to incorporate the amendment made to s. 671 893.135, F.S., in references thereto; reenacting s. 672 944.026(3)(a), F.S., relating to community-based 673 facilities and programs, to incorporate the amendment 674 made to s. 944.704, F.S., in a reference thereto; 675 reenacting s. 944.4731(6), F.S., relating to the 676 Addiction-Recovery Supervision Program, to incorporate 677 the amendment made to s. 944.705, F.S., in a reference 678 thereto; reenacting s. 447.203(2), F.S., relating to 679 the definition of the terms “public employer” or 680 “employer,” to incorporate the amendment made to s. 681 944.801, F.S., in a reference thereto; reenacting s. 682 921.187(1)(n), F.S., relating to disposition and 683 sentencing alternatives, to incorporate the amendment 684 made to s. 948.013, F.S., in a reference thereto; 685 reenacting ss. 948.012(2)(b), 948.10(3), 948.20(3), 686 and 958.14, F.S., relating to split sentencing of 687 probation or community control and imprisonment, 688 procedures governing violations of community control, 689 revocation of drug offender probation, and violations 690 of probation or community control programs, 691 respectively, to incorporate the amendment made to s. 692 948.06, F.S., in references thereto; reenacting ss. 693 796.07(4)(b), 944.026(3)(b), and 948.036(1), F.S., 694 relating to charges of prostitution and related acts, 695 certain pretrial intervention programs, and work 696 programs, respectively, to incorporate the amendment 697 made to s. 948.08, F.S., in references thereto; 698 reenacting ss. 394.47892(2), 397.334(5), and 699 910.035(5)(a), F.S., relating to mental health court 700 programs, treatment-based drug court programs, and 701 transfer for participation in a problem-solving court, 702 respectively, to incorporate the amendments made to 703 ss. 948.08 and 948.16, F.S., in references thereto; 704 reenacting s. 910.035(5)(a), F.S., relating to 705 transfer for participation in a problem-solving court, 706 to incorporate the amendment made to s. 948.21, F.S., 707 in a reference thereto; reenacting ss. 958.03(5), 708 958.045(8)(a), 958.046, and 985.565(4)(c), F.S., 709 relating to the definition of the term “youthful 710 offender,” the youthful offender basic training 711 program, county-operated youthful offender boot camp 712 programs, and adult sanctions upon failure of juvenile 713 sanctions, to incorporate the amendment made to s. 714 958.04, F.S., in references thereto; reenacting s. 715 985.556(3), F.S., relating to involuntary mandatory 716 waiver, to incorporate the amendment made to s. 717 985.557, F.S., in a reference thereto; reenacting ss. 718 985.15(1), and 985.26(2)(c), F.S., relating to filing 719 decisions of state attorneys in the prosecution of a 720 child, and length of detention for prolific juvenile 721 offenders, respectively, to incorporate the amendment 722 made to s. 985.557, F.S., in references thereto; 723 providing effective dates. 724 725 Be It Enacted by the Legislature of the State of Florida: 726 727 Section 1. Effective July 1, 2019, section 25.025, Florida 728 Statutes, is created to read: 729 25.025 Headquarters.— 730 (1)(a) A Supreme Court justice who permanently resides 731 outside Leon County shall, if he or she so requests, have a 732 district court of appeal courthouse, a county courthouse, or 733 another appropriate facility in his or her district of residence 734 designated as his or her official headquarters pursuant to s. 735 112.061. This official headquarters may serve only as the 736 justice’s private chambers. 737 (b) A justice for whom an official headquarters is 738 designated in his or her district of residence under this 739 subsection is eligible for subsistence at a rate to be 740 established by the Chief Justice for each day or partial day 741 that the justice is at the Supreme Court Building for the 742 conduct of the business of the court. In addition to the 743 subsistence allowance, a justice is eligible for reimbursement 744 for transportation expenses as provided in s. 112.061(7) for 745 travel between the justice’s official headquarters and the 746 Supreme Court Building for the conduct of the business of the 747 court. 748 (c) Payment of subsistence and reimbursement for 749 transportation expenses relating to travel between a justice’s 750 official headquarters and the Supreme Court Building must be 751 made to the extent that appropriated funds are available, as 752 determined by the Chief Justice. 753 (2) The Chief Justice shall coordinate with each affected 754 justice and other state and local officials as necessary to 755 implement paragraph (1)(a). 756 (3)(a) This section does not require a county to provide 757 space in a county courthouse for a justice. A county may enter 758 into an agreement with the Supreme Court governing the use of 759 space in a county courthouse. 760 (b) The Supreme Court may not use state funds to lease 761 space in a district court of appeal courthouse, county 762 courthouse, or other facility to allow a justice to establish an 763 official headquarters pursuant to subsection (1). 764 Section 2. Subsections (9) and (12) of section 26.031, 765 Florida Statutes, are amended to read: 766 26.031 Judicial circuits; number of judges.—The number of 767 circuit judges in each circuit shall be as follows: 768 769 JUDICIAL CIRCUIT TOTAL 770 (9) Ninth...........................................4443771 (12) Twelfth........................................2221772 Section 3. Section 43.51, Florida Statutes, is created to 773 read: 774 43.51 Problem-solving court reports.— 775 (1) The Office of the State Courts Administrator shall 776 provide an annual report to the President of the Senate and the 777 Speaker of the House of Representatives which details the number 778 of participants in each problem-solving court for each fiscal 779 year the court has been operating and the types of services 780 provided, identifies each source of funding for each court 781 during each fiscal year, and provides information on the 782 performance of each court based upon outcome measures 783 established by the courts. 784 (2) For purposes of this section, the term “problem-solving 785 court” includes, but is not limited to, a drug court pursuant to 786 s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s. 948.20; a 787 military veterans’ and servicemembers’ court pursuant to s. 788 394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental health 789 court program pursuant to s. 394.47892, s. 948.01, s. 948.06, s. 790 948.08, or s. 948.16; a community court pursuant to s. 948.081; 791 or a delinquency pretrial intervention court program pursuant to 792 s. 985.345. 793 Section 4. Subsection (8) is added to section 57.105, 794 Florida Statutes, to read: 795 57.105 Attorney’s fee; sanctions for raising unsupported 796 claims or defenses; exceptions; service of motions; damages for 797 delay of litigation.— 798 (8) Attorney fees may not be awarded under this section in 799 proceedings for an injunction for protection pursuant to s. 800 784.046 or s. 784.0485, unless the court finds by clear and 801 convincing evidence that the petitioner knowingly made a false 802 statement or allegation in the petition with regard to a 803 material matter as defined in s. 837.011(3). 804 Section 5. Subsection (2) of section 212.15, Florida 805 Statutes, is amended to read: 806 212.15 Taxes declared state funds; penalties for failure to 807 remit taxes; due and delinquent dates; judicial review.— 808 (2) Any person who, with intent to unlawfully deprive or 809 defraud the state of its moneys or the use or benefit thereof, 810 fails to remit taxes collected under this chapter commitsis811guilty oftheft of state funds, punishable as follows: 812 (a) If the total amount of stolen revenue is less than 813 $1,000$300, the offense is a misdemeanor of the second degree, 814 punishable as provided in s. 775.082 or s. 775.083. Upon a 815 second conviction, the offender commitsis guilty ofa 816 misdemeanor of the first degree, punishable as provided in s. 817 775.082 or s. 775.083. Upon a third or subsequent conviction, 818 the offender commitsis guilty ofa felony of the third degree, 819 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 820 (b) If the total amount of stolen revenue is $1,000$300or 821 more, but less than $20,000, the offense is a felony of the 822 third degree, punishable as provided in s. 775.082, s. 775.083, 823 or s. 775.084. 824 (c) If the total amount of stolen revenue is $20,000 or 825 more, but less than $100,000, the offense is a felony of the 826 second degree, punishable as provided in s. 775.082, s. 775.083, 827 or s. 775.084. 828 (d) If the total amount of stolen revenue is $100,000 or 829 more, the offense is a felony of the first degree, punishable as 830 provided in s. 775.082, s. 775.083, or s. 775.084. 831 Section 6. Subsections (1) through (4) of section 322.055, 832 Florida Statutes, are amended to read: 833 322.055 Revocation or suspension of, or delay of 834 eligibility for, driver license for persons 18 years of age or 835 older convicted of certain drug offenses.— 836 (1) Notwithstanding s. 322.28, upon the conviction of a 837 person 18 years of age or older for possession or sale of, 838 trafficking in, or conspiracy to possess, sell, or traffic in a 839 controlled substance, the court shall direct the department to 840 suspendrevokethe person’s driver license or driving privilege 841of the person. The suspensionperiod of such revocationshall be 842 6 months1 yearor until the person is evaluated for and, if 843 deemed necessary by the evaluating agency, completes a drug 844 treatment and rehabilitation program approved or regulated by 845 the Department of Children and Families. However, the court may, 846 upon finding a compelling circumstance to warrant an exception 847in its sound discretion, direct the department to issue a 848 license for driving privilege restricted to business or 849 employment purposes only, as defined by s. 322.271, if the 850 person is otherwise qualified for such a license.A driver whose851license or driving privilege has been suspended or revoked under852this section or s. 322.056 may, upon the expiration of 6 months,853petition the department for restoration of the driving privilege854on a restricted or unrestricted basis depending on length of855suspension or revocation. In no case shall a restricted license856be available until 6 months of the suspension or revocation857period has expired.858 (2) If a person 18 years of age or older is convicted for 859 the possession or sale of, trafficking in, or conspiracy to 860 possess, sell, or traffic in a controlled substance and such 861 person is eligible by reason of age for a driver license or 862 privilege, the court shall direct the department to withhold 863 issuance of such person’s driver license or driving privilege 864 for a period of 6 months1 yearafter the date the person was 865 convicted or until the person is evaluated for and, if deemed 866 necessary by the evaluating agency, completes a drug treatment 867 and rehabilitation program approved or regulated by the 868 Department of Children and Families. However, the court may, 869 upon finding a compelling circumstance to warrant an exception 870in its sound discretion, direct the department to issue a 871 license for driving privilege restricted to business or 872 employment purposes only, as defined by s. 322.271, if the 873 person is otherwise qualified for such a license.A driver whose874license or driving privilege has been suspended or revoked under875this section or s. 322.056 may, upon the expiration of 6 months,876petition the department for restoration of the driving privilege877on a restricted or unrestricted basis depending on the length of878suspension or revocation. In no case shall a restricted license879be available until 6 months of the suspension or revocation880period has expired.881 (3) If a person 18 years of age or older is convicted for 882 the possession or sale of, trafficking in, or conspiracy to 883 possess, sell, or traffic in a controlled substance and such 884 person’s driver license or driving privilege is already under 885 suspension or revocation for any reason, the court shall direct 886 the department to extend the period of such suspension or 887 revocation by an additional period of 6 months1 yearor until 888 the person is evaluated for and, if deemed necessary by the 889 evaluating agency, completes a drug treatment and rehabilitation 890 program approved or regulated by the Department of Children and 891 Families. However, the court may, upon finding a compelling 892 circumstance to warrant an exceptionin its sound discretion, 893 direct the department to issue a license for driving privilege 894 restricted to business or employment purposes only, as defined 895 by s. 322.271, if the person is otherwise qualified for such a 896 license.A driver whose license or driving privilege has been897suspended or revoked under this section or s. 322.056 may, upon898the expiration of 6 months, petition the department for899restoration of the driving privilege on a restricted or900unrestricted basis depending on the length of suspension or901revocation. In no case shall a restricted license be available902until 6 months of the suspension or revocation period has903expired.904 (4) If a person 18 years of age or older is convicted for 905 the possession or sale of, trafficking in, or conspiracy to 906 possess, sell, or traffic in a controlled substance and such 907 person is ineligible by reason of age for a driver license or 908 driving privilege, the court shall direct the department to 909 withhold issuance of such person’s driver license or driving 910 privilege for a period of 6 months1 yearafter the date that he 911 or she would otherwise have become eligible or until he or she 912 becomes eligible by reason of age for a driver license and is 913 evaluated for and, if deemed necessary by the evaluating agency, 914 completes a drug treatment and rehabilitation program approved 915 or regulated by the Department of Children and Families. 916 However, the court may, upon finding a compelling circumstance 917 to warrant an exceptionin its sound discretion, direct the 918 department to issue a license for driving privilege restricted 919 to business or employment purposes only, as defined by s. 920 322.271, if the person is otherwise qualified for such a 921 license.A driver whose license or driving privilege has been922suspended or revoked under this section or s. 322.056 may, upon923the expiration of 6 months, petition the department for924restoration of the driving privilege on a restricted or925unrestricted basis depending on the length of suspension or926revocation. In no case shall a restricted license be available927until 6 months of the suspension or revocation period has928expired.929 Section 7. Section 322.056, Florida Statutes, is amended to 930 read: 931 322.056 Mandatory revocation or suspension of, or delay of 932 eligibility for, driver license for persons under age 18 found 933 guilty ofcertain alcohol,drug, or tobaccooffenses; 934 prohibition.— 935 (1) Notwithstandingthe provisions ofs. 322.055, if a 936 person under 18 years of age is found guilty of or delinquent 937 for a violation ofs. 562.11(2), s. 562.111, orchapter 893, 938 and: 939 (a) The person is eligible by reason of age for a driver 940 license or driving privilege, the court shall direct the 941 department to revoke or to withhold issuance of his or her 942 driver license or driving privilege for a period of 6 months:9431.Not less than 6 months and not more than 1 year for the944first violation.9452.Two years, for a subsequent violation. 946 (b) The person’s driver license or driving privilege is 947 under suspension or revocation for any reason, the court shall 948 direct the department to extend the period of suspension or 949 revocation by an additional period of 6 months:9501.Not less than 6 months and not more than 1 year for the951first violation.9522.Two years, for a subsequent violation. 953 (c) The person is ineligible by reason of age for a driver 954 license or driving privilege, the court shall direct the 955 department to withhold issuance of his or her driver license or 956 driving privilege for a period of:9571.Not less than6 monthsand not more than 1 yearafter 958 the date on which he or she would otherwise have become 959 eligible, for the first violation. 9602.Two years after the date on which he or she would961otherwise have become eligible, for a subsequent violation.962 963 However, the court may, upon finding a compelling circumstance 964 to warrant an exceptionin its sound discretion, direct the 965 department to issue a license for driving privileges restricted 966 to business or employment purposes only, as defined in s. 967 322.271, if the person is otherwise qualified for such a 968 license. 969(2)If a person under 18 years of age is found by the court970to have committed a noncriminal violation under s. 569.11 or s.971877.112(6) or (7) and that person has failed to comply with the972procedures established in that section by failing to fulfill973community service requirements, failing to pay the applicable974fine, or failing to attend a locally available school-approved975anti-tobacco program, and:976(a)The person is eligible by reason of age for a driver977license or driving privilege, the court shall direct the978department to revoke or to withhold issuance of his or her979driver license or driving privilege as follows:9801.For the first violation, for 30 days.9812.For the second violation within 12 weeks of the first982violation, for 45 days.983(b)The person’s driver license or driving privilege is984under suspension or revocation for any reason, the court shall985direct the department to extend the period of suspension or986revocation by an additional period as follows:9871.For the first violation, for 30 days.9882.For the second violation within 12 weeks of the first989violation, for 45 days.990(c)The person is ineligible by reason of age for a driver991license or driving privilege, the court shall direct the992department to withhold issuance of his or her driver license or993driving privilege as follows:9941.For the first violation, for 30 days.9952.For the second violation within 12 weeks of the first996violation, for 45 days.997 998Any second violation of s. 569.11 or s. 877.112(6) or (7) not999within the 12-week period after the first violation will be1000treated as a first violation and in the same manner as provided1001in this subsection.1002(3)If a person under 18 years of age is found by the court1003to have committed a third violation of s. 569.11 or s.1004877.112(6) or (7) within 12 weeks of the first violation, the1005court must direct the Department of Highway Safety and Motor1006Vehicles to suspend or withhold issuance of his or her driver1007license or driving privilege for 60 consecutive days. Any third1008violation of s. 569.11 or s. 877.112(6) or (7) not within the100912-week period after the first violation will be treated as a1010first violation and in the same manner as provided in subsection1011(2).1012 (2)(4)A penalty imposed under this section shall be in 1013 addition to any other penalty imposed by law. 1014(5)The suspension or revocation of a person’s driver1015license imposed pursuant to subsection (2) or subsection (3),1016shall not result in or be cause for an increase of the convicted1017person’s, or his or her parent’s or legal guardian’s, automobile1018insurance rate or premium or result in points assessed against1019the person’s driving record.1020 Section 8. Section 322.057, Florida Statutes, is repealed. 1021 Section 9. Subsection (2) of section 322.34, Florida 1022 Statutes, is amended to read: 1023 322.34 Driving while license suspended, revoked, canceled, 1024 or disqualified.— 1025 (2) Any person whose driver license or driving privilege 1026 has been canceled, suspended, or revoked as provided by law, 1027 except persons defined in s. 322.264, who, knowing of such 1028 cancellation, suspension, or revocation, drives any motor 1029 vehicle upon the highways of this state while such license or 1030 privilege is canceled, suspended, or revoked, upon: 1031 (a) A first conviction commitsis guilty ofa misdemeanor 1032 of the second degree, punishable as provided in s. 775.082 or s. 1033 775.083. 1034 (b) A second or subsequent conviction commitsis guilty of1035 a misdemeanor of the first degree, punishable as provided in s. 1036 775.082 or s. 775.083. 1037(c)A third or subsequent conviction is guilty of a felony1038of the third degree, punishable as provided in s. 775.082, s.1039775.083, or s. 775.084.1040 1041 The element of knowledge is satisfied if the person has been 1042 previously cited as provided in subsection (1); or the person 1043 admits to knowledge of the cancellation, suspension, or 1044 revocation; or the person received notice as provided in 1045 subsection (4). There shall be a rebuttable presumption that the 1046 knowledge requirement is satisfied if a judgment or order as 1047 provided in subsection (4) appears in the department’s records 1048 for any case except for one involving a suspension by the 1049 department for failure to pay a traffic fine or for a financial 1050 responsibility violation. 1051 Section 10. Section 322.75, Florida Statutes, is created to 1052 read: 1053 322.75 Driver License Reinstatement Days.— 1054 (1) Each clerk of court shall establish a Driver License 1055 Reinstatement Days program for reinstating suspended driver 1056 licenses. Participants may include, but are not limited to, the 1057 Department of Highway Safety and Motor Vehicles, the state 1058 attorney’s office, the public defender’s office, the circuit and 1059 county courts, the clerk of court, and any interested community 1060 organization. 1061 (2) The clerk of court, in consultation with other 1062 participants, shall select 1 or more days annually for an event 1063 at which a person may have his or her driver license reinstated. 1064 The clerk may work with the Florida Association of Court Clerks 1065 and Comptrollers to promote such program, develop 1066 communications, and coordinate the event. A person must pay the 1067 full license reinstatement fee; however, the clerk may reduce or 1068 waive other fees and costs to facilitate reinstatement. 1069 (3) The clerk of court is encouraged to schedule at least 1070 one event on a weekend or with hours after 5 p.m. on a weekday. 1071 (4)(a) A person is eligible for reinstatement under the 1072 program if his or her license was suspended due to: 1073 1. Driving without a valid driver license; 1074 2. Driving with a suspended driver license; 1075 3. Failing to make a payment on penalties in collection; 1076 4. Failing to appear in court for a traffic violation; or 1077 5. Failing to comply with any provision of chapter 318 or 1078 this chapter. 1079 (b) Notwithstanding paragraphs (5)(a)-(c), a person is 1080 eligible for reinstatement under the program if the period of 1081 suspension or revocation has elapsed, the person has completed 1082 any required course or program as described in paragraph (5)(c), 1083 and the person is otherwise eligible for reinstatement. 1084 (5) A person is not eligible for reinstatement under the 1085 program if his or her driver license is suspended or revoked due 1086 to: 1087 (a) The person’s failure to fulfill a court-ordered child 1088 support obligation; 1089 (b) A violation of s. 316.193; 1090 (c) The person’s failure to complete a driver training 1091 program, driver improvement course, or alcohol or substance 1092 abuse education or evaluation program required under s. 316.192, 1093 s. 316.193, s. 322.2616, s. 322.271, or s. 322.264; 1094 (d) A traffic-related felony; or 1095 (e) The person being designated as a habitual traffic 1096 offender under s. 322.264. 1097 (6) The clerk of court and the Department of Highway Safety 1098 and Motor Vehicles shall verify any information necessary for 1099 reinstatement of a driver license under the program. 1100 (7) The clerk of court must collect and report to the 1101 Florida Clerks of Court Operations Corporation all of the 1102 following: 1103 (a) Number of cases paid in full. 1104 (b) Number of cases put on a payment plan. 1105 (c) Number of driver license reinstatements. 1106 (d) Number of driver licenses made eligible for 1107 reinstatement. 1108 (e) Amount of fees and costs collected, reported by the 1109 entity receiving the funds. The Florida Clerks of Court 1110 Operations Corporation must report the aggregate funds received 1111 by the clerks of court, the local governmental entities, and 1112 state entities, including the General Revenue Fund. 1113 (f) The personnel, operating, security, and other 1114 expenditures incurred by the clerk of court. 1115 (g) The number of cases that fail to comply with a payment 1116 plan and subsequently result in driver license suspension. 1117 (8) The Florida Clerks of Court Operations Corporation 1118 shall report the information collected in subsection (7) in its 1119 annual report required by s. 28.35. 1120 Section 11. Paragraph (b) of subsection (11) of section 1121 381.0041, Florida Statutes, is amended to read: 1122 381.0041 Donation and transfer of human tissue; testing 1123 requirements.— 1124 (11) 1125 (b) Any person who has human immunodeficiency virus 1126 infection, who knows he or she is infected with human 1127 immunodeficiency virus, and who has been informed that he or she 1128 may communicate this disease by donating blood, plasma, organs, 1129 skin, or other human tissue who donates blood, plasma, organs, 1130 skin, or other human tissue for use in another person, other 1131 than a person who knows he or she is infected with human 1132 immunodeficiency virus, commitsis guilty ofa felony of the 1133 third degree, punishable as provided in s. 775.082, s. 775.083, 1134 or s. 775.084. 1135 Section 12. Present subsection (3) of section 384.23, 1136 Florida Statutes, is redesignated as subsection (4), and a new 1137 subsection (3) and subsection (5) are added to that section, to 1138 read: 1139 384.23 Definitions.— 1140 (3) “Sexual conduct” means conduct between persons, 1141 regardless of gender, which is capable of transmitting a 1142 sexually transmissible disease, including, but not limited to, 1143 contact between a: 1144 (a) Penis and a vulva or an anus; or 1145 (b) Mouth and a penis, a vulva, or an anus. 1146 (5) “Substantial risk of transmission” means a reasonable 1147 probability of disease transmission as proven by competent 1148 medical or epidemiological evidence. 1149 Section 13. Section 384.24, Florida Statutes, is amended to 1150 read: 1151 384.24 Unlawful acts.— 1152 (1) It is unlawful for any person who has chancroid, 1153 gonorrhea, granuloma inguinale, lymphogranuloma venereum, 1154 genital herpes simplex, chlamydia, nongonococcal urethritis 1155 (NGU), pelvic inflammatory disease (PID)/acute salpingitis,or1156 syphilis, or human immunodeficiency virus infection, when such 1157 person knows he or she is infected with one or more of these 1158 diseases and when such person has been informed that he or she 1159 may communicate this disease to another person through sexual 1160 conductintercourse, to act with the intent to transmit the 1161 disease, to engage inhavesexual conduct that poses a 1162 substantial risk of transmission to another person when the 1163intercourse with anyother person is unaware that the person is 1164 a carrier of the disease, and to transmit the disease to the,1165unless suchother personhas been informed of the presence of1166the sexually transmissible disease and has consented to the1167sexual intercourse. 1168 (2) A person does not act with the intent set forth in 1169 subsection (1) if he or she in good faith complies with a 1170 treatment regimen prescribed by his or her health care provider 1171 or with the behavioral recommendations of his or her health care 1172 provider or public health officials to limit the risk of 1173 transmission, or if he or she offers to comply with such 1174 behavioral recommendations, but such offer is rejected by the 1175 other person with whom he or she is engaging in sexual conduct. 1176 For purposes of this section, the term “behavioral 1177 recommendations” includes, but is not limited to, the use of a 1178 prophylactic device to limit the risk of transmission of the 1179 disease. Evidence of the person’s failure to comply with such a 1180 treatment regimen or such behavioral recommendations is not, in 1181 and of itself, sufficient to establish that he or she acted with 1182 the intent set forth in subsection (1)It is unlawful for any1183person who has human immunodeficiency virus infection, when such1184person knows he or she is infected with this disease and when1185such person has been informed that he or she may communicate1186this disease to another person through sexual intercourse, to1187have sexual intercourse with any other person, unless such other1188person has been informed of the presence of the sexually1189transmissible disease and has consented to the sexual1190intercourse. 1191 Section 14. Section 384.34, Florida Statutes, is amended to 1192 read: 1193 384.34 Penalties.— 1194 (1) Any person who violates s. 384.24the provisions of s.1195384.24(1)commits a misdemeanor of the first degree, punishable 1196 as provided in s. 775.082 or s. 775.083. 1197 (2) Any person who violatesthe provisions ofs. 384.26 or 1198 s. 384.29 commits a misdemeanor of the first degree, punishable 1199 as provided in s. 775.082 or s. 775.083. 1200 (3) Any person who maliciously disseminates any false 1201 information or report concerning the existence of any sexually 1202 transmissible disease commits a misdemeanorfelonyof the first 1203thirddegree, punishable as provided in s. 775.082 or s. 775.083 1204ss. 775.082, 775.083, and 775.084. 1205 (4)Any person who violates the provisions of the1206department’s rules pertaining to sexually transmissible diseases1207may be punished by a fine not to exceed $500 for each violation.1208Any penalties enforced under this subsection shall be in1209addition to other penalties provided by this chapter. The1210department may enforce this section and adopt rules necessary to1211administer this section.1212(5)Any person who violates s. 384.24(2) commits a felony1213of the third degree, punishable as provided in s. 775.082, s.1214775.083, or s. 775.084. Any person who commits multiple1215violations of s. 384.24(2) commits a felony of the first degree,1216punishable as provided in s. 775.082, s. 775.083, or s. 775.084.1217(6)Any person who obtains information that identifies an 1218 individual who has a sexually transmissible disease, who knew or 1219 should have known the nature of the information and maliciously, 1220 or for monetary gain, disseminates this information or otherwise 1221 makes this information known to any other person, except by 1222 providing it either to a physician or nurse employed by the 1223 Department of Health or to a law enforcement agency, commits a 1224 felony of the third degree, punishable as provided in s. 1225 775.082, s. 775.083, or s. 775.084. 1226 Section 15. Section 394.47891, Florida Statutes, is amended 1227 to read: 1228 394.47891 Military veterans,andservicemembers, and others 1229 court programs.—The chief judge of each judicial circuit shall 1230mayestablish a Military Veterans and Servicemembers Court 1231 Program under which veterans, as defined in s. 1.01, including 1232 veterans who were discharged or released under a general 1233 discharge, and servicemembers, as defined in s. 250.01; 1234 individuals who are current or former United States Department 1235 of Defense contractors; and individuals who are current or 1236 former military members of a foreign allied country, who are 1237 charged or convicted of a criminal offense and who suffer from a 1238 military-related mental illness, traumatic brain injury, 1239 substance abuse disorder, or psychological problem can be 1240 sentenced in accordance with chapter 921 in a manner that 1241 appropriately addresses the severity of the mental illness, 1242 traumatic brain injury, substance abuse disorder, or 1243 psychological problem through services tailored to the 1244 individual needs of the participant. Entry into any Military 1245 Veterans and Servicemembers Court Program must be based upon the 1246 sentencing court’s assessment of the defendant’s criminal 1247 history, military service, substance abuse treatment needs, 1248 mental health treatment needs, amenability to the services of 1249 the program, the recommendation of the state attorney and the 1250 victim, if any, and the defendant’s agreement to enter the 1251 program. 1252 Section 16. Subsection (2) of section 394.917, Florida 1253 Statutes, is amended to read: 1254 394.917 Determination; commitment procedure; mistrials; 1255 housing; counsel and costs in indigent appellate cases.— 1256 (2) If the court or jury determines that the person is a 1257 sexually violent predator, upon the expiration of the 1258 incarcerative portion of all criminal sentences and disposition 1259 of any detainers, the person shall be committed to the custody 1260 of the Department of Children and Families for control, care, 1261andtreatment, and rehabilitation of criminal offenders, until 1262 such time as the person’s mental abnormality or personality 1263 disorder has so changed that it is safe for the person to be at 1264 large. At all times, persons who are detained or committed under 1265 this part shall be kept in a secure facility segregated from 1266 patients of the department who are not detained or committed 1267 under this part. 1268 Section 17. Subsection (2) of section 397.334, Florida 1269 Statutes, is amended to read: 1270 397.334 Treatment-based drug court programs.— 1271 (2) Entry into any pretrial treatment-based drug court 1272 program shall be voluntary. When neither s. 948.08(6)(c)1. nor 1273 2.s. 948.08(6)(a)1. nor 2.applies, the court may order an 1274 eligible individual to enter into a pretrial treatment-based 1275 drug court program only upon written agreement by the 1276 individual, which shall include a statement that the individual 1277 understands the requirements of the program and the potential 1278 sanctions for noncompliance. 1279 Section 18. Present subsections (3) through (12) of section 1280 455.213, Florida Statutes, are redesignated as subsections (4) 1281 through (13), respectively, subsection (2) of that section is 1282 amended, and a new subsection (3) is added to that section, to 1283 read: 1284 455.213 General licensing provisions.— 1285 (2) Before the issuance of any license, the department may 1286 charge an initial license fee as determined by rule of the 1287 applicable board or, if no such board exists, by rule of the 1288 department. Upon receipt of the appropriate license fee, except 1289 as provided in subsection (4)(3), the department shall issue a 1290 license to any person certified by the appropriate board, or its 1291 designee, or the department when there is no board, as having 1292 met the applicable requirements imposed by law or rule. However, 1293 an applicant who is not otherwise qualified for licensure is not 1294 entitled to licensure solely based on a passing score on a 1295 required examination. Upon a determination by the department 1296 that it erroneously issued a license, or upon the revocation of 1297 a license by the applicable board, or by the department when 1298 there is no board, the licensee must surrender his or her 1299 license to the department. 1300 (3)(a) Notwithstanding any other provision of law, the 1301 department or applicable board shall use the process in this 1302 subsection for review of an applicant’s criminal history record 1303 to determine his or her eligibility for licensure. 1304 (b) A conviction, or any other adjudication, for a crime 1305 more than 5 years before the date the application is received by 1306 the applicable board may not be grounds for denial of a license. 1307 For purposes of this paragraph, the term “conviction” means a 1308 determination of guilt that is the result of a plea or trial, 1309 regardless of whether adjudication is withheld. This paragraph 1310 does not limit the department or applicable board from 1311 considering an applicant’s criminal history that includes a 1312 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time only 1313 if such criminal history has been found to relate to the 1314 practice of the applicable profession, or any crime if it has 1315 been found to relate to good moral character if the practice of 1316 the applicable profession requires such a standard. 1317 (c)1. A person may apply for a license before his or her 1318 lawful release from confinement or supervision. The department 1319 may not charge an applicant an additional fee for being confined 1320 or under supervision. The department or applicable board may not 1321 deny an application for a license solely on the basis of the 1322 applicant’s current confinement or supervision. 1323 2. After a license application is approved, the department 1324 or applicable board may stay the issuance of a license until the 1325 applicant is lawfully released from confinement or supervision 1326 and the applicant notifies the department or applicable board of 1327 such release. The department or applicable board must verify the 1328 applicant’s release with the Department of Corrections, or other 1329 applicable authority, before it issues a license. 1330 3. If an applicant is unable to appear in person due to his 1331 or her confinement or supervision, the department or applicable 1332 board must permit the applicant to appear by teleconference or 1333 video conference, as appropriate, at any meeting of the 1334 applicable board or other hearing by the agency concerning his 1335 or her application. 1336 4. If an applicant is confined or under supervision, the 1337 Department of Corrections, or other applicable authority, and 1338 the department or applicable board shall cooperate and 1339 coordinate to facilitate the appearance of the applicant at a 1340 board meeting or agency hearing in person, by teleconference, or 1341 by video conference, as appropriate. 1342 (d) The department and each applicable board shall compile 1343 a list of crimes that do not relate to the practice of the 1344 profession or the ability to practice the profession and do not 1345 constitute grounds for denial of a license even when such crimes 1346 result in a conviction, regardless of adjudication. This list 1347 shall be made available on the department’s website and be 1348 updated annually. Beginning October 1, 2019, each applicable 1349 board shall compile a list of crimes that, although reported by 1350 an applicant for licensure, were not used as a basis for denial. 1351 The list must identify the crime reported for each license 1352 application and: 1353 1. The date of conviction or the sentencing date, whichever 1354 occurs later; and 1355 2. The date that adjudication was entered. 1356 (e) The department and each applicable board shall compile 1357 a list of crimes that have been used as a basis for denial of a 1358 license in the past 2 years, which shall be made available on 1359 the department’s website. Beginning October 1, 2019, the 1360 applicable board shall compile a list indicating each crime used 1361 as a basis for denial and update such list quarterly thereafter. 1362 For each crime listed, the applicable board must identify: 1363 1. The date of conviction or the sentencing date, whichever 1364 occurs later; and 1365 2. The date that adjudication was entered. 1366 1367 Such denials must be made available to the public upon request. 1368 Section 19. Subsection (4) of section 474.2165, Florida 1369 Statutes, is amended to read: 1370 474.2165 Ownership and control of veterinary medical 1371 patient records; report or copies of records to be furnished.— 1372 (4) Except as otherwise provided in this section, such 1373 records may not be furnished to, and the medical condition of a 1374 patient may not be discussed with, any person other than the 1375 client or the client’s legal representative or other 1376 veterinarians involved in the care or treatment of the patient, 1377 except upon written authorization of the client. However, such 1378 records may be furnished without written authorization under the 1379 following circumstances: 1380 (a) To any person, firm, or corporation that has procured 1381 or furnished such examination or treatment with the client’s 1382 consent. 1383 (b) In any civilor criminalaction, unless otherwise 1384 prohibited by law, upon the issuance of a subpoena from a court 1385 of competent jurisdiction and proper notice to the client or the 1386 client’s legal representative by the party seeking such records. 1387 (c) For statistical and scientific research, provided the 1388 information is abstracted in such a way as to protect the 1389 identity of the patient and the client, or provided written 1390 permission is received from the client or the client’s legal 1391 representative. 1392 (d) In any criminal action or situation in which a 1393 veterinarian suspects a criminal violation. If a criminal 1394 violation is suspected, a veterinarian may, without notice to or 1395 authorization from the client, report the violation to a law 1396 enforcement officer, an animal control officer who is certified 1397 pursuant to s. 828.27(4)(a), or an agent appointed under s. 1398 828.03. However, if a suspected violation occurs at a commercial 1399 food-producing animal operation on land classified as 1400 agricultural under s. 193.461, the veterinarian must provide 1401 notice to the client or the client’s legal representative before 1402 reporting the suspected violation to an officer or agent under 1403 this paragraph. The report may not include written medical 1404 records except upon the issuance of an order from a court of 1405 competent jurisdiction. 1406 Section 20. Subsections (2), (3), and (4) of section 1407 489.126, Florida Statutes, are amended, and subsections (5) and 1408 (6) are added to that section, to read: 1409 489.126 Moneys received by contractors.— 1410 (2)(a) A contractor who receives, as initial payment, money 1411 totaling more than 10 percent of the contract price for repair, 1412 restoration, improvement, or construction to residential real 1413 property must: 1414 1.(a)Apply for permits necessary to do work within 30 days 1415 after the date payment is made, except where the work does not 1416 require a permit under the applicable codes and ordinances, and 1417 2.(b)Start the work within 90 days after the date all 1418 necessary permits for work, if any, are issued, 1419 1420 unless the contractor has just cause for failing to apply for 1421 the necessary permits, starting the work, or refunding the 1422 payment, or unless the person who made the payment agreed, in 1423 writing, to a longer period to apply for the necessary permits 1424 or start the work or to longer periods for both. 1425 (b)1. If a contractor fails to comply with paragraph (a), 1426 written demand must be made to the contractor in the form of a 1427 letter that includes a demand to apply for the necessary 1428 permits, start the work, or refund the payment sent via 1429 certified mail, return receipt requested, mailed to the address 1430 listed in the contracting agreement. If there is no address for 1431 the contractor listed in the contracting agreement, or no 1432 written agreement exists, the letter must be mailed to the 1433 address listed with the department for licensing purposes or the 1434 local construction industry licensing board, if applicable. 1435 2. It may be inferred that a contractor does not have just 1436 cause if the contractor fails to apply for the necessary 1437 permits, start the work, or refund payments within 30 days of 1438 receiving written demand to apply for the necessary permits, 1439 start the work, or refund the payment from the person who made 1440 the payment. 1441 (3)(a) A contractor who receives money for repair, 1442 restoration, addition, improvement, or construction of 1443 residential real property in excess of the value of the work 1444 performed mayshallnot, with intent to defraud the owner,fail 1445 or refuse to perform any work for any 90-day period. 1446 (b) It is prima facie evidenceProofthat a contractor 1447 received money for the repair, restoration, addition, 1448 improvement, or construction of residential real property and 1449 that the amount received exceeds the value of the work performed 1450 by the contractor whenand that: 1451 1. The contractor failed to perform any of the work for 1452 which he or she contracted during any 90-day60-dayperiod; 1453 2. The failure to perform any such work during the 90-day 145460-dayperiod was not related to the owner’s termination of the 1455 contract or a material breach of the contract by the owner; and 1456 3. The contractor failed to perform for 90 days without 1457 just cause or terminated the contract without proper 1458 notification to the owner. 1459 a. Proper notification of termination for purposes of this 1460 subparagraph must be made by the contractor in the form of a 1461 letter that includes the reason for termination of the contract 1462 or the reason for failure to perform sent via certified mail, 1463 return receipt requested, mailed to the address of the owner 1464 listed in the contracting agreement. If no written agreement 1465 exists, the letter must be mailed to the address where the work 1466 was to be performed or the address listed on the permit, if 1467 applicable. 1468 b. If a contractor fails to comply with paragraph (a), 1469 written demand must be made to the contractor in the form of a 1470 letter that includes a demand to perform work, or refund the 1471 money received in excess of the value of the work performed, 1472 sent via certified mail, return receipt requested, mailed to the 1473 address listed in the contracting agreement. If there is no 1474 address for the contractor listed in the contracting agreement, 1475 or no agreement exists, the letter must be mailed to the address 1476 listed with the department for licensing purposes or the local 1477 construction industry licensing board, if applicable. 1478 c. It may be inferred that a contractor does not have just 1479 cause if the contractor fails to perform work, or refund the 1480 money received in excess of the value of the work performed, 1481 within 30 days after receiving a written demand to perform the 1482 work, or refund the money received in excess of the value of the 1483 work performed, from the person who made the payment., for an1484additional 30-day period after the date of mailing of1485notification as specified in paragraph (c), to perform any work1486for which he or she contracted,1487 1488gives rise to an inference that the money in excess of the value1489of the work performed was taken with the intent to defraud.1490(c)Notification as contemplated in paragraph (b) consists1491of a certified letter, return receipt requested, mailed to the1492address of the contractor as listed in the written contracting1493agreement. The letter must indicate that the contractor has1494failed to perform any work for a 60-day period, that the failure1495to perform the work was not the result of the owner’s1496termination of the contract or a material breach of the contract1497by the owner, and that the contractor must recommence1498construction within 30 days after the date of mailing of the1499letter. If there is no address for the contractor listed in the1500written contracting agreement, or no written agreement exists,1501the letter must be mailed to the address of the contractor1502listed in the building permit application.1503 (4) Any violation of subsection (2) or subsection (3) must 1504 be prosecuted in accordance with the thresholds established in 1505 this section and the following:Any person who violates any1506provision of this section is guilty of theft and shall be1507prosecuted and punished under s. 812.014.1508 (a) The required intent to prove a criminal violation may 1509 be shown to exist at the time that the contractor appropriated 1510 the money to his or her own use and is not required to be proven 1511 to exist at the time of the taking of the money from the owner 1512 or at the time the owner makes a payment to the contractor. 1513 (b) It may be inferred that a contractor intended to 1514 deprive the owner of the right to the money owed, or deprive the 1515 owner of the benefit from it, and inferred that the contractor 1516 appropriated the money for his or her own use, or to a person 1517 not entitled to the use of the money, if the contractor fails to 1518 refund any portion of the money owed within 30 days after 1519 receiving a written demand for such money from the owner. 1520 (c) In a prosecution for a violation of this section, the 1521 fact that the person so charged intended to return the money 1522 owed is not a defense. 1523 (5) A person who violates subsection (2) commits: 1524 (a) A misdemeanor of the first degree, punishable as 1525 provided in s. 775.082 or s. 775.083, if the total money 1526 received is less than $1,000. 1527 (b) A felony of the third degree, punishable as provided in 1528 s. 775.082, s. 775.083, or s. 775.084, if the total money 1529 received is $1,000 or more, but less than $20,000. 1530 (c) A felony of the second degree, punishable as provided 1531 in s. 775.082, s. 775.083, or s. 775.084, if the total money 1532 received is $20,000 or more, but less than $200,000. 1533 (d) A felony of the first degree, punishable as provided in 1534 s. 775.082, s. 775.083, or s. 775.084, if the total money 1535 received is $200,000 or more. 1536 (6) A person who violates subsection (3) commits: 1537 (a) A misdemeanor of the first degree, punishable as 1538 provided in s. 775.082 or s. 775.083, if the total money 1539 received exceeding the value of the work performed is less than 1540 $1,000. 1541 (b) A felony of the third degree, punishable as provided in 1542 s. 775.082, s. 775.083, or s. 775.084, if the total money 1543 received exceeding the value of the work performed is $1,000 or 1544 more, but less than $20,000. 1545 (c) A felony of the second degree, punishable as provided 1546 in s. 775.082, s. 775.083, or s. 775.084, if the total money 1547 received exceeding the value of the work performed is $20,000 or 1548 more, but less than $200,000. 1549 (d) A felony of the first degree, punishable as provided in 1550 s. 775.082, s. 775.083, or s. 775.084, if the total money 1551 received exceeding the value of the work performed is $200,000 1552 or more. 1553 Section 21. Present subsection (6) of section 489.553, 1554 Florida Statutes, is redesignated as subsection (10), and a new 1555 subsection (6) and subsections (7), (8), and (9) are added to 1556 that section, to read: 1557 489.553 Administration of part; registration 1558 qualifications; examination.— 1559 (6) Notwithstanding any other provision of law, a 1560 conviction, or any other adjudication, for a crime more than 5 1561 years before the date the application is received by the 1562 department may not be grounds for denial of registration. For 1563 purposes of this subsection, the term “conviction” means a 1564 determination of guilt that is the result of a plea or trial, 1565 regardless of whether adjudication is withheld. This subsection 1566 does not limit a board from considering an applicant’s criminal 1567 history that includes any crime listed in s. 775.21(4)(a)1. or 1568 s. 776.08 at any time only if such criminal history has been 1569 found to relate to the practice of the applicable profession, or 1570 any crime if it has been found to relate to good moral 1571 character. 1572 (7)(a) A person may apply to be registered before his or 1573 her lawful release from confinement or supervision. The 1574 department may not charge an applicant an additional fee for 1575 being confined or under supervision. The department may not deny 1576 an application for registration solely on the basis of the 1577 applicant’s current confinement or supervision. 1578 (b) After a registration application is approved, the 1579 department may stay the issuance of registration until the 1580 applicant is lawfully released from confinement or supervision 1581 and the applicant notifies the board of such release. The 1582 department must verify the applicant’s release with the 1583 Department of Corrections, or other applicable authority, before 1584 it registers such applicant. 1585 (c) If an applicant is unable to appear in person due to 1586 his or her confinement or supervision, the department must 1587 permit the applicant to appear by teleconference or video 1588 conference, as appropriate, at any meeting or hearing by the 1589 department concerning his or her application. 1590 (d) If an applicant is confined or under supervision, the 1591 Department of Corrections, or other applicable authority, and 1592 the department shall cooperate and coordinate to facilitate the 1593 appearance of the applicant at a meeting or hearing in person, 1594 by teleconference, or by video conference, as appropriate. 1595 (8) The department shall compile a list of crimes that do 1596 not relate to the practice of the profession or the ability to 1597 practice the profession and do not constitute grounds for denial 1598 of registration even when such crimes result in a conviction, 1599 regardless of adjudication. This list shall be made available on 1600 the department’s website and be updated annually. Beginning 1601 October 1, 2019, and updated quarterly thereafter, the 1602 department shall add to this list such crimes that, although 1603 reported by an applicant for registration, were not used as a 1604 basis for denial in the past 2 years. The list must identify the 1605 crime reported for each registration application and: 1606 (a) The date of conviction or sentencing, whichever occurs 1607 later; and 1608 (b) The date that adjudication was entered. 1609 (9) The department shall compile a list of crimes that have 1610 been used as a basis for denial of registration in the past 2 1611 years, which shall be made available on the department’s 1612 website. Beginning October 1, 2019, and updated quarterly 1613 thereafter, the department shall add to this list each crime 1614 used as a basis for denial. For each crime listed, the 1615 department must identify: 1616 (a) The date of conviction or sentencing, whichever occurs 1617 later. 1618 (b) The date adjudication was entered. 1619 1620 Such denials must be made available to the public upon request. 1621 Section 22. Subsection (2) of section 500.451, Florida 1622 Statutes, is amended and subsection (1) of that section is 1623 republished, to read: 1624 500.451 Horse meat; offenses.— 1625 (1) It is unlawful for any person to: 1626 (a) Sell in the markets of this state horse meat for human 1627 consumption unless the horse meat is clearly stamped, marked, 1628 and described as horse meat for human consumption. 1629 (b) Knowingly transport, distribute, sell, purchase, or 1630 possess horse meat for human consumption that is not clearly 1631 stamped, marked, and described as horse meat for human 1632 consumption or horse meat that is not acquired from a licensed 1633 slaughterhouse. 1634 (2) A person that violates this section commits a felony of 1635 the third degree, punishable as provided in s. 775.082, s. 1636 775.083, or s. 775.084, except that any person who commits a 1637 violation of this section mustshallbe sentenced to a minimum 1638 mandatory fine of $3,500and a minimum mandatory period of1639incarceration of 1 year. 1640 Section 23. Subsection (1) of section 509.151, Florida 1641 Statutes, is amended to read: 1642 509.151 Obtaining food or lodging with intent to defraud; 1643 penalty.— 1644 (1) Any person who obtains food, lodging, or other 1645 accommodations having a value of less than $1,000$300at any 1646 public food service establishment, or at any transient 1647 establishment, with intent to defraud the operator thereof, 1648 commitsis guilty ofa misdemeanor of the second degree, 1649 punishable as provided in s. 775.082 or s. 775.083; if such 1650 food, lodging, or other accommodations have a value of $1,000 1651$300or more, such person commitsis guilty ofa felony of the 1652 third degree, punishable as provided in s. 775.082, s. 775.083, 1653 or s. 775.084. 1654 Section 24. Paragraph (a) of subsection (1) and paragraph 1655 (c) of subsection (2) of section 562.11, Florida Statutes, are 1656 amended to read: 1657 562.11 Selling, giving, or serving alcoholic beverages to 1658 person under age 21; providing a proper name; misrepresenting or 1659 misstating age or age of another to induce licensee to serve 1660 alcoholic beverages to person under 21; penalties.— 1661 (1)(a)1.A person may not sell, give, serve, or permit to 1662 be served alcoholic beverages to a person under 21 years of age 1663 or permit a person under 21 years of age to consume such 1664 beverages on the licensed premises. A person who violates this 1665 paragraphsubparagraphcommits a misdemeanor of the second 1666 degree, punishable as provided in s. 775.082 or s. 775.083. A 1667 person who violates this paragraphsubparagrapha second or 1668 subsequent time within 1 year after a prior conviction commits a 1669 misdemeanor of the first degree, punishable as provided in s. 1670 775.082 or s. 775.083. 16712.In addition to any other penalty imposed for a violation1672of subparagraph 1., the court may order the Department of1673Highway Safety and Motor Vehicles to withhold the issuance of,1674or suspend or revoke, the driver license or driving privilege,1675as provided in s. 322.057, of any person who violates1676subparagraph 1. This subparagraph does not apply to a licensee,1677as defined in s. 561.01, who violates subparagraph 1. while1678acting within the scope of his or her license or an employee or1679agent of a licensee, as defined in s. 561.01, who violates1680subparagraph 1. while engaged within the scope of his or her1681employment or agency.16823.A court that withholds the issuance of, or suspends or1683revokes, the driver license or driving privilege of a person1684pursuant to subparagraph 2. may direct the Department of Highway1685Safety and Motor Vehicles to issue the person a license for1686driving privilege restricted to business purposes only, as1687defined in s. 322.271, if he or she is otherwise qualified.1688 (2) It is unlawful for any person to misrepresent or 1689 misstate his or her age or the age of any other person for the 1690 purpose of inducing any licensee or his or her agents or 1691 employees to sell, give, serve, or deliver any alcoholic 1692 beverages to a person under 21 years of age, or for any person 1693 under 21 years of age to purchase or attempt to purchase 1694 alcoholic beverages. 1695 (c) In addition to any other penalty imposed for a 1696 violation of this subsection, if a person uses a driver license 1697 or identification card issued by the Department of Highway 1698 Safety and Motor Vehicles in violation of this subsection, the 1699 court:17001.may order the person to participate in public service or 1701 a community work project for a period not to exceed 40 hours;1702and17032.Shall direct the Department of Highway Safety and Motor1704Vehicles to withhold issuance of, or suspend or revoke, the1705person’s driver license or driving privilege, as provided in s.1706322.056. 1707 Section 25. Subsection (3) of section 562.111, Florida 1708 Statutes, is amended to read: 1709 562.111 Possession of alcoholic beverages by persons under 1710 age 21 prohibited.— 1711(3)In addition to any other penalty imposed for a1712violation of subsection (1), the court shall direct the1713Department of Highway Safety and Motor Vehicles to withhold1714issuance of, or suspend or revoke, the violator’s driver license1715or driving privilege, as provided in s. 322.056.1716 Section 26. Subsection (8) of section 562.27, Florida 1717 Statutes, is amended, and subsections (1) through (7) of that 1718 section are republished, to read: 1719 562.27 Seizure and forfeiture.— 1720 (1) It is unlawful for any person to have in her or his 1721 possession, custody, or control, or to own, make, construct, or 1722 repair, any still, still piping, still apparatus, or still worm, 1723 or any piece or part thereof, designed or adapted for the 1724 manufacture of an alcoholic beverage, or to have in her or his 1725 possession, custody or control any receptacle or container 1726 containing any mash, wort, or wash, or other fermented liquids 1727 whatever capable of being distilled or manufactured into an 1728 alcoholic beverage, unless such possession, custody, control, 1729 ownership, manufacture, construction, or repairing be by or for 1730 a person authorized by law to manufacture such alcoholic 1731 beverage. 1732 (2) It is unlawful for any person to have in her or his 1733 possession, custody, or control any raw materials or substance 1734 intended to be used in the distillation or manufacturing of an 1735 alcoholic beverage unless the person holds a license from the 1736 state authorizing the manufacture of the alcoholic beverage. 1737 (3) The terms “raw material” or “substance” for the purpose 1738 of this chapter shall mean and include, but not be limited to, 1739 any of the following: Any grade or type of sugar, syrup, or 1740 molasses derived from sugarcane, sugar beets, corn, sorghum, or 1741 any other source; starch; potatoes; grain or cornmeal, corn 1742 chops, cracked corn, rye chops, middlings, shorts, bran, or any 1743 other grain derivative; malt; malt sugar or malt syrup; oak 1744 chips, charred or not charred; yeast; cider; honey; fruit; 1745 grapes; berries; fruit, grape or berry juices or concentrates; 1746 wine; caramel; burnt sugar; gin flavor; Chinese bean cake or 1747 Chinese wine cake; urea; ammonium phosphate, ammonium carbonate, 1748 ammonium sulphate, or any other yeast food; ethyl acetate or any 1749 other ethyl ester; any other material of the character used in 1750 the manufacture of distilled spirits or any chemical or other 1751 material suitable for promoting or accelerating fermentation; 1752 any chemical or material of the character used in the production 1753 of distilled spirits by chemical reaction; or any combination of 1754 such materials or chemicals. 1755 (4) Any such raw materials, substance, or any still, still 1756 piping, still apparatus, or still worm, or any piece or part 1757 thereof, or any mash, wort, or wash, or other fermented liquid 1758 and the receptacle or container thereof, and any alcoholic 1759 beverage, together with all personal property used to facilitate 1760 the manufacture or production of the alcoholic beverage or to 1761 facilitate the violation of the alcoholic beverage control laws 1762 of this state or the United States, may be seized by the 1763 division or by any sheriff or deputy sheriff and shall be 1764 forfeited to the state. 1765 (5) It shall be unlawful for any person to sell or 1766 otherwise dispose of raw materials or other substances knowing 1767 same are to be used in the distillation or manufacture of an 1768 alcoholic beverage unless such person receiving same, by 1769 purchase or otherwise, holds a license from the state 1770 authorizing the manufacture of such alcoholic beverage. 1771 (6) Any vehicle, vessel, or aircraft used in the 1772 transportation or removal of or for the deposit or concealment 1773 of any illicit liquor still or stilling apparatus; any mash, 1774 wort, wash, or other fermented liquids capable of being 1775 distilled or manufactured into an alcoholic beverage; or any 1776 alcoholic beverage commonly known and referred to as “moonshine 1777 whiskey” shall be seized and may be forfeited as provided by the 1778 Florida Contraband Forfeiture Act. Any sheriff, deputy sheriff, 1779 employee of the division, or police officer may seize any of the 1780 vehicles, vessels, or conveyances, and the same may be forfeited 1781 as provided by law. 1782 (7) The finding of any still, still piping, still 1783 apparatus, or still worm, or any piece or part thereof, or any 1784 mash, wort, or wash or other fermented liquids in the dwelling 1785 house or place of business, or so near thereto as to lead to the 1786 reasonable belief that they are within the possession, custody, 1787 or control of the occupants of the dwelling house or place of 1788 business, shall be prima facie evidence of a violation of this 1789 section by the occupants of the dwelling house or place of 1790 business. 1791 (8) Any person violating any provisions of this section of 1792 the law commitsshall be guilty ofa misdemeanorfelonyof the 1793 secondthirddegree, punishable as provided in s. 775.082 or,s. 1794 775.083, or s. 775.084. 1795 Section 27. Subsections (1) and (2) of section 562.451, 1796 Florida Statutes, are amended to read: 1797 562.451 Moonshine whiskey; ownership, possession, or 1798 control prohibited; penalties; rule of evidence.— 1799 (1) Any person who owns or has in her or his possession or 1800 under her or his control less than 1 gallon of liquor, as 1801 defined in the Beverage Law, which was not made or manufactured 1802 in accordance with the laws in effect at the time when and place 1803 where the same was made or manufactured commitsshall be guilty1804ofa misdemeanor of the second degree, punishable as provided in 1805 s. 775.082 or s. 775.083. 1806 (2) Any person who owns or has in her or his possession or 1807 under her or his control 1 gallon or more of liquor, as defined 1808 in the Beverage Law, which was not made or manufactured in 1809 accordance with the laws in effect at the time when and place 1810 where the same was made or manufactured commitsshall be guilty1811ofa misdemeanorfelonyof the firstthirddegree, punishable as 1812 provided in s. 775.082 or,s. 775.083, or s. 775.084. 1813 Section 28. Subsections (1), (2), and (5) of section 1814 569.11, Florida Statutes, are amended to read: 1815 569.11 Possession, misrepresenting age or military service 1816 to purchase, and purchase of tobacco products by persons under 1817 18 years of age prohibited; penalties; jurisdiction; disposition 1818 of fines.— 1819 (1) It is unlawful for any person under 18 years of age to 1820 knowingly possess any tobacco product. Any person under 18 years 1821 of age who violatesthe provisions ofthis subsection commits a 1822 noncriminal violation as provided in s. 775.08(3), punishable 1823 by: 1824 (a) For a first violation, 16 hours of community service 1825 or, instead of community service, a $25 fine. In addition, the 1826 person must attend a school-approved anti-tobacco program, if 1827 locally available; or 1828 (b) For a second or subsequent violation within 12 weeks 1829 afterofthe first violation, a $25 fine; or1830(c)For a third or subsequent violation within 12 weeks of1831the first violation, the court must direct the Department of1832Highway Safety and Motor Vehicles to withhold issuance of or1833suspend or revoke the person’s driver license or driving1834privilege, as provided in s. 322.056. 1835 1836 Any second or subsequent violation not within the 12-weektime1837 period after the first violation is punishable as provided for a 1838 first violation. 1839 (2) It is unlawful for any person under 18 years of age to 1840 misrepresent his or her age or military service for the purpose 1841 of inducing a dealer or an agent or employee of the dealer to 1842 sell, give, barter, furnish, or deliver any tobacco product, or 1843 to purchase, or attempt to purchase, any tobacco product from a 1844 person or a vending machine. Any person under 18 years of age 1845 who violatesa provision ofthis subsection commits a 1846 noncriminal violation as provided in s. 775.08(3), punishable 1847 by: 1848 (a) For a first violation, 16 hours of community service 1849 or, instead of community service, a $25 fine and, in addition, 1850 the person must attend a school-approved anti-tobacco program, 1851 if available; or 1852 (b) For a second or subsequent violation within 12 weeks 1853 afterofthe first violation, a $25 fine; or1854(c)For a third or subsequent violation within 12 weeks of1855the first violation, the court must direct the Department of1856Highway Safety and Motor Vehicles to withhold issuance of or1857suspend or revoke the person’s driver license or driving1858privilege, as provided in s. 322.056. 1859 1860 Any second or subsequent violation not within the 12-weektime1861 period after the first violation is punishable as provided for a 1862 first violation. 1863 (5)(a) If a person under 18 years of age is found by the 1864 court to have committed a noncriminal violation under this 1865 section and that person has failed to complete community 1866 service, pay the fine as required by paragraph (1)(a) or 1867 paragraph (2)(a), or attend a school-approved anti-tobacco 1868 program, if locally available, the court maymustdirect the 1869 Department of Highway Safety and Motor Vehicles to withhold 1870 issuance of or suspend the driver license or driving privilege 1871 of that person for a period of 30 consecutive days. 1872 (b) If a person under 18 years of age is found by the court 1873 to have committed a noncriminal violation under this section and 1874 that person has failed to pay the applicable fine as required by 1875 paragraph (1)(b) or paragraph (2)(b), the court maymustdirect 1876 the Department of Highway Safety and Motor Vehicles to withhold 1877 issuance of or suspend the driver license or driving privilege 1878 of that person for a period of 45 consecutive days. 1879 Section 29. Section 713.69, Florida Statutes, is amended to 1880 read: 1881 713.69 Unlawful to remove property upon which lien has 1882 accrued.—It is unlawful for any person to remove any property 1883 upon which a lien has accrued underthe provisions ofs. 713.68 1884 from any hotel, apartment house, roominghouse, lodginghouse, 1885 boardinghouse or tenement house without first making full 1886 payment to the person operating or conducting the same of all 1887 sums due and payable for such occupancy or without first having 1888 the written consent of such person so conducting or operating 1889 such place to so remove such property. Any person who violates 1890violating the provisions ofthis sectionshall, if the value of 1891 the property removed in violation hereof is less than $1,000be1892of the value of$50 or less, commitsbe guilty ofa misdemeanor 1893 of the second degree, punishable as provided in s. 775.082 or s. 1894 775.083; and if the value of the property so removed is $1,000 1895 or more,should be of greater value than $50 thensuch person 1896 commitsshall be guilty ofa felony of the third degree, 1897 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1898 Section 30. Paragraphs (a) and (d) of subsection (9) of 1899 section 775.082, Florida Statutes, are amended to read: 1900 775.082 Penalties; applicability of sentencing structures; 1901 mandatory minimum sentences for certain reoffenders previously 1902 released from prison.— 1903 (9)(a)1. “Prison releasee reoffender” means any defendant 1904 who commits, or attempts to commit: 1905 a. Treason; 1906 b. Murder; 1907 c. Manslaughter; 1908 d. Sexual battery; 1909 e. Carjacking; 1910 f. Home-invasion robbery; 1911 g. Robbery; 1912 h. Arson; 1913 i. Kidnapping; 1914 j. Aggravated assault with a deadly weapon; 1915 k. Aggravated battery; 1916 l. Aggravated stalking; 1917 m. Aircraft piracy; 1918 n. Unlawful throwing, placing, or discharging of a 1919 destructive device or bomb; 1920 o. Any felony that involves the use or threat of physical 1921 force or violence against an individual; 1922 p. Armed burglary; 1923 q. Burglary of a dwelling or burglary of an occupied 1924 structure; or 1925 r. Any felony violation of s. 790.07, s. 800.04, s. 827.03, 1926 s. 827.071, or s. 847.0135(5); 1927 1928 within 3 years after being released from a state correctional 1929 facility operated by the Department of Corrections or a private 1930 vendor, a county detention facility following incarceration for 1931 an offense for which the sentence pronounced was a prison 1932 sentence, orwithin 3 years after being released froma 1933 correctional institution of another state, the District of 1934 Columbia, the United States, any possession or territory of the 1935 United States, or any foreign jurisdiction, following 1936 incarceration for an offense for which the sentence is 1937 punishable by more than 1 year in this state. 1938 2. “Prison releasee reoffender” also means any defendant 1939 who commits or attempts to commit any offense listed in sub 1940 subparagraphs (a)1.a.-r. while the defendant was serving a 1941 prison sentence or on escape status from a state correctional 1942 facility operated by the Department of Corrections or a private 1943 vendor or while the defendant was on escape status from a 1944 correctional institution of another state, the District of 1945 Columbia, the United States, any possession or territory of the 1946 United States, or any foreign jurisdiction, following 1947 incarceration for an offense for which the sentence is 1948 punishable by more than 1 year in this state. 1949 3. If the state attorney determines that a defendant is a 1950 prison releasee reoffender as defined in subparagraph 1., the 1951 state attorney may seek to have the court sentence the defendant 1952 as a prison releasee reoffender. Upon proof from the state 1953 attorney that establishes by a preponderance of the evidence 1954 that a defendant is a prison releasee reoffender as defined in 1955 this section, such defendant is not eligible for sentencing 1956 under the sentencing guidelines and must be sentenced as 1957 follows: 1958 a. For a felony punishable by life, by a term of 1959 imprisonment for life; 1960 b. For a felony of the first degree, by a term of 1961 imprisonment of 30 years; 1962 c. For a felony of the second degree, by a term of 1963 imprisonment of 15 years; and 1964 d. For a felony of the third degree, by a term of 1965 imprisonment of 5 years. 1966 (d)1. It is the intent of the Legislature that offenders 1967 previously released from prison or a county detention facility 1968 following incarceration for an offense for which the sentence 1969 pronounced was a prison sentence who meet the criteria in 1970 paragraph (a) be punished to the fullest extent of the law and 1971 as provided in this subsection, unless the state attorney 1972 determines that extenuating circumstances exist which preclude 1973 the just prosecution of the offender, including whether the 1974 victim recommends that the offender not be sentenced as provided 1975 in this subsection. 1976 2. For every case in which the offender meets the criteria 1977 in paragraph (a) and does not receive the mandatory minimum 1978 prison sentence, the state attorney must explain the sentencing 1979 deviation in writing and place such explanation in the case file 1980 maintained by the state attorney. 1981 Section 31. Subsection (6) is added to section 775.087, 1982 Florida Statutes, to read: 1983 775.087 Possession or use of weapon; aggravated battery; 1984 felony reclassification; minimum sentence.— 1985 (6) It is the intent of the Legislature to retroactively 1986 apply chapter 2016-7, Laws of Florida, only as provided in this 1987 subsection to persons who committed aggravated assault or 1988 attempted aggravated assault before July 1, 2016, the effective 1989 date of chapter 2016-7, Laws of Florida, which amended this 1990 section to remove aggravated assault or attempted aggravated 1991 assault from the list of predicate offenses for mandatory 1992 minimum terms of imprisonment under this section. 1993 (a) On or after October 1, 2019, a person who committed 1994 aggravated assault or attempted aggravated assault before July 1995 1, 2016, may not be sentenced to a mandatory minimum term of 1996 imprisonment under this section as it existed at any time before 1997 its amendment by chapter 2016-7, Laws of Florida. 1998 (b) A person who committed aggravated assault or attempted 1999 aggravated assault before July 1, 2016, who was sentenced before 2000 October 1, 2019, to a mandatory minimum term of imprisonment 2001 pursuant to this section as it existed at any time before its 2002 amendment by chapter 2016-7, Laws of Florida, and who is serving 2003 such mandatory minimum term of imprisonment on or after October 2004 1, 2019, shall be resentenced to a sentence without such 2005 mandatory minimum term of imprisonment. The person shall be 2006 resentenced to a sentence as provided in s. 775.082, s. 775.083, 2007 or s. 775.084. 2008 (c) A person sentenced or resentenced pursuant to this 2009 subsection is eligible to receive any gain-time pursuant to s. 2010 944.275 which he or she was previously ineligible to receive 2011 because of the imposition of the mandatory minimum term of 2012 imprisonment. 2013 Section 32. Subsections (1) and (3) of section 775.0877, 2014 Florida Statutes, are amended to read: 2015 775.0877 Criminal transmission of HIV; procedures; 2016 penalties.— 2017 (1) In any case in which a person has been convicted of or 2018 has pled nolo contendere or guilty to, regardless of whether 2019 adjudication is withheld, any of the following offenses, or the 2020 attempt thereof, which offense or attempted offense involves the 2021 transmission of body fluids from one person to another: 2022 (a) Section 794.011, relating to sexual battery; 2023 (b) Section 826.04, relating to incest; 2024 (c) Section 800.04, relating to lewd or lascivious offenses 2025 committed upon or in the presence of persons less than 16 years 2026 of age; 2027 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), 2028 relating to assault; 2029 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), 2030 relating to aggravated assault; 2031 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), 2032 relating to battery; 2033 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), 2034 relating to aggravated battery; 2035 (h) Section 827.03(2)(c), relating to child abuse; 2036 (i) Section 827.03(2)(a), relating to aggravated child 2037 abuse; 2038 (j) Section 825.102(1), relating to abuse of an elderly 2039 person or disabled adult; 2040 (k) Section 825.102(2), relating to aggravated abuse of an 2041 elderly person or disabled adult; 2042 (l) Section 827.071, relating to sexual performance by 2043 person less than 18 years of age; 2044 (m) Sections 796.07 and 796.08, relating to prostitution; 2045 or 2046 (n)Section 381.0041(11)(b), relating to donation of blood,2047plasma, organs, skin, or other human tissue; or2048(o)Sections 787.06(3)(b), (d), (f), and (g), relating to 2049 human trafficking, 2050 2051 the court shall order the offender to undergo HIV testing, to be 2052 performed under the direction of the Department of Health in 2053 accordance with s. 381.004, unless the offender has undergone 2054 HIV testing voluntarily or pursuant to procedures established in 2055 s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or 2056 rule providing for HIV testing of criminal offenders or inmates, 2057 subsequent to her or his arrest for an offense enumerated in 2058 paragraphs (a)-(m)(a)-(n)for which she or he was convicted or 2059 to which she or he pled nolo contendere or guilty. The results 2060 of an HIV test performed on an offender pursuant to this 2061 subsection are not admissible in any criminal proceeding arising 2062 out of the alleged offense. 2063 (3) An offender who has undergone HIV testing pursuant to 2064 subsection (1), and to whom positive test results have been 2065 disclosed pursuant to subsection (2), who commits a second or 2066 subsequent offense enumerated in paragraphs (1)(a)-(m)(1)(a)2067(n), commits criminal transmission of HIV, a felony of the third 2068 degree, punishable as provided in s. 775.082 or,s. 775.083, or2069s. 775.084. A person may be convicted and sentenced separately 2070 for a violation of this subsection and for the underlying crime 2071 enumerated in paragraphs (1)(a)-(m)(1)(a)-(n). 2072 Section 33. Paragraph (d) of subsection (1) of section 2073 784.048, Florida Statutes, is amended, and subsections (2) 2074 through (5) and (7) of that section are republished, to read: 2075 784.048 Stalking; definitions; penalties.— 2076 (1) As used in this section, the term: 2077 (d) “Cyberstalk” means: 2078 1. To engage in a course of conduct to communicate, or to 2079 cause to be communicated, words, images, or language by or 2080 through the use of electronic mail or electronic communication, 2081 directed at a specific person; or 2082 2. To access, or attempt to access, the online accounts or 2083 Internet-connected home electronic systems of another person 2084 without that person’s permission, 2085 2086 causing substantial emotional distress to that person and 2087 serving no legitimate purpose. 2088 (2) A person who willfully, maliciously, and repeatedly 2089 follows, harasses, or cyberstalks another person commits the 2090 offense of stalking, a misdemeanor of the first degree, 2091 punishable as provided in s. 775.082 or s. 775.083. 2092 (3) A person who willfully, maliciously, and repeatedly 2093 follows, harasses, or cyberstalks another person and makes a 2094 credible threat to that person commits the offense of aggravated 2095 stalking, a felony of the third degree, punishable as provided 2096 in s. 775.082, s. 775.083, or s. 775.084. 2097 (4) A person who, after an injunction for protection 2098 against repeat violence, sexual violence, or dating violence 2099 pursuant to s. 784.046, or an injunction for protection against 2100 domestic violence pursuant to s. 741.30, or after any other 2101 court-imposed prohibition of conduct toward the subject person 2102 or that person’s property, knowingly, willfully, maliciously, 2103 and repeatedly follows, harasses, or cyberstalks another person 2104 commits the offense of aggravated stalking, a felony of the 2105 third degree, punishable as provided in s. 775.082, s. 775.083, 2106 or s. 775.084. 2107 (5) A person who willfully, maliciously, and repeatedly 2108 follows, harasses, or cyberstalks a child under 16 years of age 2109 commits the offense of aggravated stalking, a felony of the 2110 third degree, punishable as provided in s. 775.082, s. 775.083, 2111 or s. 775.084. 2112 (7) A person who, after having been sentenced for a 2113 violation of s. 794.011, s. 800.04, or s. 847.0135(5) and 2114 prohibited from contacting the victim of the offense under s. 2115 921.244, willfully, maliciously, and repeatedly follows, 2116 harasses, or cyberstalks the victim commits the offense of 2117 aggravated stalking, a felony of the third degree, punishable as 2118 provided in s. 775.082, s. 775.083, or s. 775.084. 2119 Section 34. Subsection (1) of section 790.052, Florida 2120 Statutes, is amended to read: 2121 790.052 Carrying concealed firearms; off-duty law 2122 enforcement officers.— 2123 (1)(a) All persons holding active certifications from the 2124 Criminal Justice Standards and Training Commission as law 2125 enforcement officers or correctional officers as defined in s. 2126 943.10(1), (2), (6), (7), (8), or (9) shall have the right to 2127 carry, on or about their persons, concealed firearms, during 2128 off-duty hours, at the discretion of their superior officers, 2129 and may perform those law enforcement functions that they 2130 normally perform during duty hours, utilizing their weapons in a 2131 manner which is reasonably expected of on-duty officers in 2132 similar situations. 2133 (b) All persons holding an active certification from the 2134 Criminal Justice Standards and Training Commission as a law 2135 enforcement officer or a correctional officer as defined in s. 2136 943.10(1), (2), (6), (7), (8), or (9) meet the definition of 2137 “qualified law enforcement officer” in 18 U.S.C. s. 926B(c). 2138 (c) All persons who held an active certification from the 2139 Criminal Justice Standards and Training Commission as a law 2140 enforcement officer or correctional officer as defined in s. 2141 943.10(1), (2), (6), (7), (8), or (9), while working for an 2142 employing agency, as defined in s. 943.10(4), but have separated 2143 from service under the conditions set forth in 18 U.S.C. s. 2144 926C(c), meet the definition of “qualified retired law 2145 enforcement officer.” 2146 (d)However, nothing inThis section does notsubsection2147shall be construed tolimit the right of a law enforcement 2148 officer, correctional officer, or correctional probation officer 2149 to carry a concealed firearm off duty as a private citizen under 2150 the exemption provided in s. 790.06 that allows a law 2151 enforcement officer, correctional officer, or correctional 2152 probation officer as defined in s. 943.10(1), (2), (3), (6), 2153 (7), (8), or (9) to carry a concealed firearm without a 2154 concealed weapon or firearm license. The appointing or employing 2155 agency or department of an officer carrying a concealed firearm 2156 as a private citizen under s. 790.06 shall not be liable for the 2157 use of the firearm in such capacity. Nothing herein limits the 2158 authority of the appointing or employing agency or department 2159 from establishing policies limiting law enforcement officers or 2160 correctional officers from carrying concealed firearms during 2161 off-duty hours in their capacity as appointees or employees of 2162 the agency or department. 2163 Section 35. Subsections (5) and (10) of section 790.22, 2164 Florida Statutes, are amended to read: 2165 790.22 Use of BB guns, air or gas-operated guns, or 2166 electric weapons or devices by minor under 16; limitation; 2167 possession of firearms by minor under 18 prohibited; penalties.— 2168 (5)(a) A minor who violates subsection (3) commits a 2169 misdemeanor of the first degree; for a first offense, may serve 2170 a period of detention of up to 3 days in a secure detention 2171 facility; and, in addition to any other penalty provided by law, 2172 shall be required to perform 100 hours of community service; 2173 and: 2174 1. If the minor is eligible by reason of age for a driver 2175 license or driving privilege, the court mayshalldirect the 2176 Department of Highway Safety and Motor Vehicles to revoke or to 2177 withhold issuance of the minor’s driver license or driving 2178 privilege for up to 1 year. 2179 2. If the minor’s driver license or driving privilege is 2180 under suspension or revocation for any reason, the court may 2181shalldirect the Department of Highway Safety and Motor Vehicles 2182 to extend the period of suspension or revocation by an 2183 additional period of up to 1 year. 2184 3. If the minor is ineligible by reason of age for a driver 2185 license or driving privilege, the court mayshalldirect the 2186 Department of Highway Safety and Motor Vehicles to withhold 2187 issuance of the minor’s driver license or driving privilege for 2188 up to 1 year after the date on which the minor would otherwise 2189 have become eligible. 2190 (b) For a second or subsequent offense, a minor who 2191 violates subsection (3) commits a felony of the third degree and 2192 shall serve a period of detention of up to 15 days in a secure 2193 detention facility and shall be required to perform not less 2194 than 100 nor more than 250 hours of community service, and: 2195 1. If the minor is eligible by reason of age for a driver 2196 license or driving privilege, the court mayshalldirect the 2197 Department of Highway Safety and Motor Vehicles to revoke or to 2198 withhold issuance of the minor’s driver license or driving 2199 privilege for up to 2 years. 2200 2. If the minor’s driver license or driving privilege is 2201 under suspension or revocation for any reason, the court may 2202shalldirect the Department of Highway Safety and Motor Vehicles 2203 to extend the period of suspension or revocation by an 2204 additional period of up to 2 years. 2205 3. If the minor is ineligible by reason of age for a driver 2206 license or driving privilege, the court mayshalldirect the 2207 Department of Highway Safety and Motor Vehicles to withhold 2208 issuance of the minor’s driver license or driving privilege for 2209 up to 2 years after the date on which the minor would otherwise 2210 have become eligible. 2211 2212 For the purposes of this subsection, community service shall be 2213 performed, if possible, in a manner involving a hospital 2214 emergency room or other medical environment that deals on a 2215 regular basis with trauma patients and gunshot wounds. 2216 (10) If a minor is found to have committed an offense under 2217 subsection (9), the court shall impose the following penalties 2218 in addition to any penalty imposed under paragraph (9)(a) or 2219 paragraph (9)(b): 2220 (a) For a first offense: 2221 1. If the minor is eligible by reason of age for a driver 2222 license or driving privilege, the court mayshalldirect the 2223 Department of Highway Safety and Motor Vehicles to revoke or to 2224 withhold issuance of the minor’s driver license or driving 2225 privilege for up to 1 year. 2226 2. If the minor’s driver license or driving privilege is 2227 under suspension or revocation for any reason, the court may 2228shalldirect the Department of Highway Safety and Motor Vehicles 2229 to extend the period of suspension or revocation by an 2230 additional period for up to 1 year. 2231 3. If the minor is ineligible by reason of age for a driver 2232 license or driving privilege, the court mayshalldirect the 2233 Department of Highway Safety and Motor Vehicles to withhold 2234 issuance of the minor’s driver license or driving privilege for 2235 up to 1 year after the date on which the minor would otherwise 2236 have become eligible. 2237 (b) For a second or subsequent offense: 2238 1. If the minor is eligible by reason of age for a driver 2239 license or driving privilege, the court mayshalldirect the 2240 Department of Highway Safety and Motor Vehicles to revoke or to 2241 withhold issuance of the minor’s driver license or driving 2242 privilege for up to 2 years. 2243 2. If the minor’s driver license or driving privilege is 2244 under suspension or revocation for any reason, the court may 2245shalldirect the Department of Highway Safety and Motor Vehicles 2246 to extend the period of suspension or revocation by an 2247 additional period for up to 2 years. 2248 3. If the minor is ineligible by reason of age for a driver 2249 license or driving privilege, the court mayshalldirect the 2250 Department of Highway Safety and Motor Vehicles to withhold 2251 issuance of the minor’s driver license or driving privilege for 2252 up to 2 years after the date on which the minor would otherwise 2253 have become eligible. 2254 Section 36. Section 800.09, Florida Statutes, is amended to 2255 read: 2256 800.09 Lewd or lascivious exhibition in the presence of an 2257 employee.— 2258 (1) As used in this section, the term: 2259 (a) “Employee” means: 2260 1. Any person employed by or performing contractual 2261 services for a public or private entity operating a state 2262 correctional institution or private correctional facility;or2263 2. Any person employed by or performing contractual 2264 services for the corporation operating the prison industry 2265 enhancement programs or the correctional work programs under 2266 part II of chapter 946;. The term also includes2267 3. Any person who is a parole examiner with the Florida 2268 Commission on Offender Review; or 2269 4. Any person employed at or performing contractual 2270 services for a county detention facility. 2271 (b) “Facility” means a state correctional institution as 2272 defined in s. 944.02,ora private correctional facility as 2273 defined in s. 944.710, or a county detention facility as defined 2274 in s. 951.23. 2275 (2)(a) A person who is detained in a facility may not: 2276 1. Intentionally masturbate; 2277 2. Intentionally expose the genitals in a lewd or 2278 lascivious manner; or 2279 3. Intentionally commit any other sexual act that does not 2280 involve actual physical or sexual contact with the victim, 2281 including, but not limited to, sadomasochistic abuse, sexual 2282 bestiality, or the simulation of any act involving sexual 2283 activity, 2284 2285 in the presence of a person he or she knows or reasonably should 2286 know is an employee. 2287 (b) A person who violates paragraph (a) commits lewd or 2288 lascivious exhibition in the presence of an employee, a felony 2289 of the third degree, punishable as provided in s. 775.082, s. 2290 775.083, or s. 775.084. 2291 Section 37. Subsection (7) of section 806.13, Florida 2292 Statutes, is amended, and subsection (8) of that section is 2293 republished, to read: 2294 806.13 Criminal mischief; penalties; penalty for minor.— 2295 (7) In addition to any other penalty provided by law, if a 2296 minor is found to have committed a delinquent act under this 2297 section for placing graffiti on any public property or private 2298 property, and: 2299 (a) The minor is eligible by reason of age for a driver 2300 license or driving privilege, the court mayshalldirect the 2301 Department of Highway Safety and Motor Vehicles to revoke or 2302 withhold issuance of the minor’s driver license or driving 2303 privilege for not more than 1 year. 2304 (b) The minor’s driver license or driving privilege is 2305 under suspension or revocation for any reason, the court may 2306shalldirect the Department of Highway Safety and Motor Vehicles 2307 to extend the period of suspension or revocation by an 2308 additional period of not more than 1 year. 2309 (c) The minor is ineligible by reason of age for a driver 2310 license or driving privilege, the court mayshalldirect the 2311 Department of Highway Safety and Motor Vehicles to withhold 2312 issuance of the minor’s driver license or driving privilege for 2313 not more than 1 year after the date on which he or she would 2314 otherwise have become eligible. 2315 (8) A minor whose driver license or driving privilege is 2316 revoked, suspended, or withheld under subsection (7) may elect 2317 to reduce the period of revocation, suspension, or withholding 2318 by performing community service at the rate of 1 day for each 2319 hour of community service performed. In addition, if the court 2320 determines that due to a family hardship, the minor’s driver 2321 license or driving privilege is necessary for employment or 2322 medical purposes of the minor or a member of the minor’s family, 2323 the court shall order the minor to perform community service and 2324 reduce the period of revocation, suspension, or withholding at 2325 the rate of 1 day for each hour of community service performed. 2326 As used in this subsection, the term “community service” means 2327 cleaning graffiti from public property. 2328 Section 38. Paragraphs (c), (d), and (e) of subsection (2) 2329 of section 812.014, Florida Statutes, are amended, and 2330 subsection (7) is added to that section, to read: 2331 812.014 Theft.— 2332 (2) 2333 (c) It is grand theft of the third degree and a felony of 2334 the third degree, punishable as provided in s. 775.082, s. 2335 775.083, or s. 775.084, if the property stolen is: 2336 1. Valued at $750$300or more, but less than $5,000. 2337 2. Valued at $5,000 or more, but less than $10,000. 2338 3. Valued at $10,000 or more, but less than $20,000. 2339 4. A will, codicil, or other testamentary instrument. 2340 5. A firearm. 2341 6. A motor vehicle, except as provided in paragraph (a). 2342 7. Any commercially farmed animal, including any animal of 2343 the equine, avian, bovine, or swine class or other grazing 2344 animal; a bee colony of a registered beekeeper; and aquaculture 2345 species raised at a certified aquaculture facility. If the 2346 property stolen is a commercially farmed animal, including an 2347 animal of the equine, avian, bovine, or swine class or other 2348 grazing animal; a bee colony of a registered beekeeper; or an 2349 aquaculture species raised at a certified aquaculture facility, 2350 a $10,000 fine shall be imposed. 2351 8. Any fire extinguisher. 2352 9. Any amount of citrus fruit consisting of 2,000 or more 2353 individual pieces of fruit. 2354 10. Taken from a designated construction site identified by 2355 the posting of a sign as provided for in s. 810.09(2)(d). 2356 11. Any stop sign. 2357 12. Anhydrous ammonia. 2358 13. Any amount of a controlled substance as defined in s. 2359 893.02. Notwithstanding any other law, separate judgments and 2360 sentences for theft of a controlled substance under this 2361 subparagraph and for any applicable possession of controlled 2362 substance offense under s. 893.13 or trafficking in controlled 2363 substance offense under s. 893.135 may be imposed when all such 2364 offenses involve the same amount or amounts of a controlled 2365 substance. 2366 2367 However, if the property is stolen within a county that is 2368 subject to a state of emergency declared by the Governor under 2369 chapter 252, the property is stolen after the declaration of 2370 emergency is made, and the perpetration of the theft is 2371 facilitated by conditions arising from the emergency, the 2372 offender commits a felony of the second degree, punishable as 2373 provided in s. 775.082, s. 775.083, or s. 775.084, if the 2374 property is valued at $5,000 or more, but less than $10,000, as 2375 provided under subparagraph 2., or if the property is valued at 2376 $10,000 or more, but less than $20,000, as provided under 2377 subparagraph 3. As used in this paragraph, the term “conditions 2378 arising from the emergency” means civil unrest, power outages, 2379 curfews, voluntary or mandatory evacuations, or a reduction in 2380 the presence of or the response time for first responders or 2381 homeland security personnel. For purposes of sentencing under 2382 chapter 921, a felony offense that is reclassified under this 2383 paragraph is ranked one level above the ranking under s. 2384 921.0022 or s. 921.0023 of the offense committed. 2385 (d) It is grand theft of the third degree and a felony of 2386 the third degree, punishable as provided in s. 775.082, s. 2387 775.083, or s. 775.084, if the property stolen is valued at $100 2388 or more, but less than $750$300, and is taken from a dwelling 2389 as defined in s. 810.011(2) or from the unenclosed curtilage of 2390 a dwelling pursuant to s. 810.09(1). 2391 (e) Except as provided in paragraph (d), if the property 2392 stolen is valued at $100 or more, but less than $750$300, the 2393 offender commits petit theft of the first degree, punishable as 2394 a misdemeanor of the first degree, as provided in s. 775.082 or 2395 s. 775.083. 2396 (7) The Office of Program Policy Analysis and Government 2397 Accountability (OPPAGA) shall perform a study every 5 years to 2398 determine the appropriateness of the threshold amounts included 2399 in this section. The study’s scope must include, but need not be 2400 limited to, the crime trends related to theft offenses, the 2401 theft threshold amounts of other states in effect at the time of 2402 the study, the fiscal impact of any modifications to this 2403 state’s threshold amounts, and the effect on economic factors, 2404 such as inflation. The study must include options for amending 2405 the threshold amounts if the study finds that such amounts are 2406 inconsistent with current trends. In conducting the study, 2407 OPPAGA shall consult with the Office of Economic and Demographic 2408 Research in addition to other interested entities. OPPAGA shall 2409 submit a report to the Governor, the President of the Senate, 2410 and the Speaker of the House of Representatives by September 1 2411 of each 5th year. 2412 Section 39. Subsections (8) and (9) of section 812.015, 2413 Florida Statutes, are amended, and subsections (10) and (11) are 2414 added to that section, to read: 2415 812.015 Retail and farm theft; transit fare evasion; 2416 mandatory fine; alternative punishment; detention and arrest; 2417 exemption from liability for false arrest; resisting arrest; 2418 penalties.— 2419 (8) Except as provided in subsection (9), a person who 2420 commits retail theft commits a felony of the third degree, 2421 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 2422 if the property stolen is valued at $750$300or more, and the 2423 person: 2424 (a) Individually commits retail theft, or in concert with 2425 one or more other persons, coordinates the activities of one or 2426 more individuals in committing the offense, which may occur 2427 through multiple acts of retail theft, in whichcasethe amount 2428 of each individual theft is aggregated within a 30-day period to 2429 determine the value of the property stolen; 2430 (b) Conspires with another person to commit retail theft 2431 with the intent to sell the stolen property for monetary or 2432 other gain, and subsequently takes or causes such property to be 2433 placed in the control of another person in exchange for 2434 consideration, in which the stolen property taken or placed 2435 within a 30-day period is aggregated to determine the value of 2436 the stolen property; 2437 (c)(b)Individually, or in concert with one or more other 2438 persons, commits theft from more than one location within a 30 2439 day48-hourperiod, in whichcasethe amount of each individual 2440 theft is aggregated to determine the value of the property 2441 stolen; 2442 (d)(c)Acts in concert with one or more other individuals 2443 within one or more establishments to distract the merchant, 2444 merchant’s employee, or law enforcement officer in order to 2445 carry out the offense, or acts in other ways to coordinate 2446 efforts to carry out the offense; or 2447 (e)(d)Commits the offense through the purchase of 2448 merchandise in a package or box that contains merchandise other 2449 than, or in addition to, the merchandise purported to be 2450 contained in the package or box. 2451 (9) A person commits a felony of the second degree, 2452 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 2453 if the person: 2454 (a) Violates subsection (8) and has previously been 2455 convicted of a violation of subsection (8);or2456 (b) Individually, or in concert with one or more other 2457 persons, coordinates the activities of one or more persons in 2458 committing the offense of retail theft, in which the amount of 2459 each individual theft within a 30-day period is aggregated to 2460 determine the value of the stolen property and suchwhere the2461stolen property has avalue is in excess of $3,000; or 2462 (c) Conspires with another person to commit retail theft 2463 with the intent to sell the stolen property for monetary or 2464 other gain, and subsequently takes or causes such property to be 2465 placed in control of another person in exchange for 2466 consideration, in which the stolen property taken or placed 2467 within a 30-day period is aggregated to have a value in excess 2468 of $3,000. 2469 (10) If a person commits retail theft in more than one 2470 judicial circuit within a 30-day period, the value of the stolen 2471 property resulting from the thefts in each judicial circuit may 2472 be aggregated, and the person must be prosecuted by the Office 2473 of the Statewide Prosecutor in accordance with s. 16.56. 2474 (11) The Office of Program Policy Analysis and Government 2475 Accountability (OPPAGA) shall perform a study every 5 years to 2476 determine the appropriateness of the threshold amounts included 2477 in this section. The study’s scope must include, but need not be 2478 limited to, the crime trends related to theft offenses, the 2479 theft threshold amounts of other states in effect at the time of 2480 the study, the fiscal impact of any modifications to this 2481 state’s threshold amounts, and the effect on economic factors, 2482 such as inflation. The study must include options for amending 2483 the threshold amounts if the study finds that such amounts are 2484 inconsistent with current trends. In conducting the study, 2485 OPPAGA shall consult with the Office of Economic and Demographic 2486 Research in addition to other interested entities. OPPAGA shall 2487 submit a report to the Governor, the President of the Senate, 2488 and the Speaker of the House of Representatives by September 1 2489 of each 5th year. 2490 Section 40. Section 812.0155, Florida Statutes, is amended 2491 to read: 2492 812.0155 Driver license suspension as an alternative 2493 sentence for a person under 18 years of ageSuspension of driver2494license following an adjudication of guilt for theft.— 2495(1)Except as provided in subsections (2) and (3), the2496court may order the suspension of the driver license of each2497person adjudicated guilty of any misdemeanor violation of s.2498812.014 or s. 812.015, regardless of the value of the property2499stolen. Upon ordering the suspension of the driver license of2500the person adjudicated guilty, the court shall forward the2501driver license of the person adjudicated guilty to the2502Department of Highway Safety and Motor Vehicles in accordance2503with s. 322.25.2504(a)The first suspension of a driver license under this2505subsection shall be for a period of up to 6 months.2506(b)A second or subsequent suspension of a driver license2507under this subsection shall be for 1 year.2508 (1)(2)The court may revoke, suspend, or withhold issuance 2509 of a driver license of a person less than 18 years of age who 2510 violates s. 812.014 or s. 812.015 as an alternative to 2511 sentencing the person to: 2512 (a) Probation as defined in s. 985.03 or commitment to the 2513 Department of Juvenile Justice, if the person is adjudicated 2514 delinquent for such violation and has not previously been 2515 convicted of or adjudicated delinquent for any criminal offense, 2516 regardless of whether adjudication was withheld. 2517 (b) Probation as defined in s. 985.03, commitment to the 2518 Department of Juvenile Justice, probation as defined in chapter 2519 948, community control, or incarceration, if the person is 2520 convicted as an adult of such violation and has not previously 2521 been convicted of or adjudicated delinquent for any criminal 2522 offense, regardless of whether adjudication was withheld. 2523 (2)(3)As used in this subsection, the term “department” 2524 means the Department of Highway Safety and Motor Vehicles. A 2525 court that revokes, suspends, or withholds issuance of a driver 2526 license under subsection (1)(2)shall: 2527 (a) If the person is eligible by reason of age for a driver 2528 license or driving privilege, direct the department to revoke or 2529 withhold issuance of the person’s driver license or driving 2530 privilege for not less than 6 months and not more than 1 year; 2531 (b) If the person’s driver license is under suspension or 2532 revocation for any reason, direct the department to extend the 2533 period of suspension or revocation by not less than 6 months and 2534 not more than 1 year; or 2535 (c) If the person is ineligible by reason of age for a 2536 driver license or driving privilege, direct the department to 2537 withhold issuance of the person’s driver license or driving 2538 privilege for not less than 6 months and not more than 1 year 2539 after the date on which the person would otherwise become 2540 eligible. 2541 (3)(4)This section doesSubsections (2) and (3) donot 2542 preclude the court from imposing any other sanctionspecified or2543not specified in subsection (2) or subsection (3). 2544(5)A court that suspends the driver license of a person2545pursuant to subsection (1) may direct the Department of Highway2546Safety and Motor Vehicles to issue the person a license for2547driving privilege restricted to business purposes only, as2548defined in s. 322.271, if he or she is otherwise qualified.2549 Section 41. Subsection (1) of section 815.03, Florida 2550 Statutes, is amended to read: 2551 815.03 Definitions.—As used in this chapter, unless the 2552 context clearly indicates otherwise: 2553 (1) “Access” means to approach, instruct, communicate with, 2554 store data in, retrieve data from, or otherwise make use of any 2555 resources of a computer, a computer system, aorcomputer 2556 network, or an electronic device. 2557 Section 42. Subsection (2) of section 815.06, Florida 2558 Statutes, is amended, and subsection (3) of that section is 2559 republished, to read: 2560 815.06 Offenses against users of computers, computer 2561 systems, computer networks, and electronic devices.— 2562 (2) A person commits an offense against users of computers, 2563 computer systems, computer networks, or electronic devices if he 2564 or she willfully, knowingly, and without authorization or 2565 exceeding authorization: 2566 (a) Accesses or causes to be accessed any computer, 2567 computer system, computer network, or electronic device with 2568 knowledge that such access is unauthorized or the manner of use 2569 exceeds authorization; 2570 (b) Disrupts or denies or causes the denial of the ability 2571 to transmit data to or from an authorized user of a computer, 2572 computer system, computer network, or electronic device, which, 2573 in whole or in part, is owned by, under contract to, or operated 2574 for, on behalf of, or in conjunction with another; 2575 (c) Destroys, takes, injures, or damages equipment or 2576 supplies used or intended to be used in a computer, computer 2577 system, computer network, or electronic device; 2578 (d) Destroys, injures, or damages any computer, computer 2579 system, computer network, or electronic device; 2580 (e) Introduces any computer contaminant into any computer, 2581 computer system, computer network, or electronic device; or 2582 (f) Engages in audio or video surveillance of an individual 2583 by accessing any inherent feature or component of a computer, 2584 computer system, computer network, or electronic device, 2585 including accessing the data or information of a computer, 2586 computer system, computer network, or electronic device that is 2587 stored by a third party. 2588 (3)(a) Except as provided in paragraphs (b) and (c), a 2589 person who violates subsection (2) commits a felony of the third 2590 degree, punishable as provided in s. 775.082, s. 775.083, or s. 2591 775.084. 2592 (b) A person commits a felony of the second degree, 2593 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 2594 if he or she violates subsection (2) and: 2595 1. Damages a computer, computer equipment or supplies, a 2596 computer system, or a computer network and the damage or loss is 2597 at least $5,000; 2598 2. Commits the offense for the purpose of devising or 2599 executing any scheme or artifice to defraud or obtain property; 2600 3. Interrupts or impairs a governmental operation or public 2601 communication, transportation, or supply of water, gas, or other 2602 public service; or 2603 4. Intentionally interrupts the transmittal of data to or 2604 from, or gains unauthorized access to, a computer, computer 2605 system, computer network, or electronic device belonging to any 2606 mode of public or private transit, as defined in s. 341.031. 2607 (c) A person who violates subsection (2) commits a felony 2608 of the first degree, punishable as provided in s. 775.082, s. 2609 775.083, or s. 775.084, if the violation: 2610 1. Endangers human life; or 2611 2. Disrupts a computer, computer system, computer network, 2612 or electronic device that affects medical equipment used in the 2613 direct administration of medical care or treatment to a person. 2614 Section 43. Section 817.413, Florida Statutes, is amended 2615 to read: 2616 817.413 Sale of used motor vehicle goods as new; penalty.— 2617 (1) With respect to a transaction for which any charges 2618 will be paid from the proceeds of a motor vehicle insurance 2619 policy,and in which the purchase price of motor vehicle goods2620exceeds $100,it is unlawful for the seller to knowingly 2621 misrepresent orally, in writing, or by failure to speak, that 2622 the goods are new or original when they are used or repossessed 2623 or have been used for sales demonstration. 2624 (2) A person who violatesthe provisions ofthis section, 2625 if the purchase price of the motor vehicle goods is $1,000 or 2626 more, commits a felony of the third degree, punishable as 2627 provided in s. 775.082, s. 775.083, or s. 775.084. If the 2628 purchase price of the motor vehicle goods is less than $1,000, 2629 the person commits a misdemeanor of the first degree, punishable 2630 as provided in s. 775.082 or s. 775.083. 2631 Section 44. Paragraph (a) of subsection (2) of section 2632 831.28, Florida Statutes, is amended to read: 2633 831.28 Counterfeiting a payment instrument; possessing a 2634 counterfeit payment instrument; penalties.— 2635 (2)(a) It is unlawful to counterfeit a payment instrument 2636 with the intent to defraud a financial institution, account 2637 holder, or any other person or organization or for a person to 2638 have any counterfeit payment instrument in such person’s 2639 possession with the intent to defraud a financial institution, 2640 an account holder, or any other person or organization. Any 2641 person who violates this subsection commits a felony of the 2642 third degree, punishable as provided in s. 775.082, s. 775.083, 2643 or s. 775.084. 2644 Section 45. Present subsections (5) through (10) of section 2645 847.011, Florida Statutes, are redesignated as subsections (6) 2646 through (11), respectively, and a new subsection (5) is added to 2647 that section, to read: 2648 847.011 Prohibition of certain acts in connection with 2649 obscene, lewd, etc., materials; penalty.— 2650 (5)(a) A person may not knowingly sell, lend, give away, 2651 distribute, transmit, show, or transmute; offer to sell, lend, 2652 give away, distribute, transmit, show, or transmute; have in his 2653 or her possession, custody, or control with the intent to sell, 2654 lend, give away, distribute, transmit, show, or transmute; or 2655 advertise in any manner an obscene, child-like sex doll. A 2656 person who violates this paragraph commits a misdemeanor of the 2657 first degree, punishable as provided in s. 775.082 or s. 2658 775.083. 2659 (b) A person who is convicted of violating paragraph (a) a 2660 second or subsequent time commits a felony of the third degree, 2661 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2662 (c) A person who knowingly has in his or her possession, 2663 custody, or control an obscene, child-like sex doll without 2664 intent to sell, lend, give away, distribute, transmit, show, 2665 transmute, or advertise the same commits a misdemeanor of the 2666 second degree, punishable as provided in s. 775.082 or s. 2667 775.083. A person who is convicted of violating this paragraph a 2668 second or subsequent time commits a misdemeanor of the first 2669 degree, punishable as provided in s. 775.082 or s. 775.083. In 2670 any prosecution for such possession, it is not necessary to 2671 allege or prove the absence of such intent. 2672 Section 46. Section 849.01, Florida Statutes, is amended to 2673 read: 2674 849.01 Keeping gambling houses, etc.—Whoever by herself or 2675 himself, her or his servant, clerk or agent, or in any other 2676 manner has, keeps, exercises or maintains a gaming table or 2677 room, or gaming implements or apparatus, or house, booth, tent, 2678 shelter or other place for the purpose of gaming or gambling or 2679 in any place of which she or he may directly or indirectly have 2680 charge, control or management, either exclusively or with 2681 others, procures, suffers or permits any person to play for 2682 money or other valuable thing at any game whatever, whether 2683 heretofore prohibited or not, commitsshall be guilty ofa 2684 misdemeanorfelonyof the secondthirddegree, punishable as 2685 provided in s. 775.082 or,s. 775.083, or s. 775.084. 2686 Section 47. Subsections (6) and (7) and paragraphs (c) and 2687 (d) of subsection (8) of section 877.112, Florida Statutes, are 2688 amended to read: 2689 877.112 Nicotine products and nicotine dispensing devices; 2690 prohibitions for minors; penalties; civil fines; signage 2691 requirements; preemption.— 2692 (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR 2693 NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any 2694 person under 18 years of age to knowingly possess any nicotine 2695 product or a nicotine dispensing device. Any person under 18 2696 years of age who violates this subsection commits a noncriminal 2697 violation as defined in s. 775.08(3), punishable by: 2698 (a) For a first violation, 16 hours of community service 2699 or, instead of community service, a $25 fine. In addition, the 2700 person must attend a school-approved anti-tobacco and nicotine 2701 program, if locally available; or 2702 (b) For a second or subsequent violation within 12 weeks 2703 afterofthe first violation, a $25 fine.; or2704(c)For a third or subsequent violation within 12 weeks of2705the first violation, the court must direct the Department of2706Highway Safety and Motor Vehicles to withhold issuance of or2707suspend or revoke the person’s driver license or driving2708privilege, as provided in s. 322.056.2709 2710 Any second or subsequent violation not within the 12-week time 2711 period after the first violation is punishable as provided for a 2712 first violation. 2713 (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for 2714 any person under 18 years of age to misrepresent his or her age 2715 or military service for the purpose of inducing a retailer of 2716 nicotine products or nicotine dispensing devices or an agent or 2717 employee of such retailer to sell, give, barter, furnish, or 2718 deliver any nicotine product or nicotine dispensing device, or 2719 to purchase, or attempt to purchase, any nicotine product or 2720 nicotine dispensing device from a person or a vending machine. 2721 Any person under 18 years of age who violates this subsection 2722 commits a noncriminal violation as defined in s. 775.08(3), 2723 punishable by: 2724 (a) For a first violation, 16 hours of community service 2725 or, instead of community service, a $25 fine and, in addition, 2726 the person must attend a school-approved anti-tobacco and 2727 nicotine program, if available; or 2728 (b) For a second violation within 12 weeks afterofthe 2729 first violation, a $25 fine.; or2730(c)For a third or subsequent violation within 12 weeks of2731the first violation, the court must direct the Department of2732Highway Safety and Motor Vehicles to withhold issuance of or2733suspend or revoke the person’s driver license or driving2734privilege, as provided in s. 322.056.2735 2736 Any second or subsequent violation not within the 12-week time 2737 period after the first violation is punishable as provided for a 2738 first violation. 2739 (8) PENALTIES FOR MINORS.— 2740 (c) If a person under 18 years of age is found by the court 2741 to have committed a noncriminal violation under this section and 2742 that person has failed to complete community service, pay the 2743 fine as required by paragraph (6)(a) or paragraph (7)(a), or 2744 attend a school-approved anti-tobacco and nicotine program, if 2745 locally available, the court maymustdirect the Department of 2746 Highway Safety and Motor Vehicles to withhold issuance of or 2747 suspend the driver license or driving privilege of that person 2748 for 30 consecutive days. 2749 (d) If a person under 18 years of age is found by the court 2750 to have committed a noncriminal violation under this section and 2751 that person has failed to pay the applicable fine as required by 2752 paragraph (6)(b) or paragraph (7)(b), the court maymustdirect 2753 the Department of Highway Safety and Motor Vehicles to withhold 2754 issuance of or suspend the driver license or driving privilege 2755 of that person for 45 consecutive days. 2756 Section 48. Present subsections (6) and (7) of section 2757 893.135, Florida Statutes, are redesignated as subsections (7) 2758 and (8), respectively, paragraph (o) is added to subsection (1) 2759 of that section, and a new subsection (6) and subsection (9) are 2760 added to that section, to read: 2761 893.135 Trafficking; mandatory sentences; suspension or 2762 reduction of sentences; conspiracy to engage in trafficking.— 2763 (1) Except as authorized in this chapter or in chapter 499 2764 and notwithstanding the provisions of s. 893.13: 2765 (o)1. As used in this paragraph, the term “dosage unit” 2766 means an individual tablet, capsule, pill, transdermal patch, 2767 unit of sublingual gelatin, or other visually distinctive form, 2768 with a clear manufacturer marking on each unit, of a commercial 2769 drug product approved by the United States Food and Drug 2770 Administration and manufactured and distributed by a 2771 pharmaceutical company lawfully doing business in the United 2772 States. 2773 2. Notwithstanding any other provision of this section, the 2774 sale, purchase, manufacture, delivery, or actual or constructive 2775 possession of fewer than 120 dosage units containing any 2776 controlled substance described in this section is not a 2777 violation of any other provision of this section. 2778 3. A person who knowingly sells, purchases, delivers, or 2779 brings into this state, or who is knowingly in actual or 2780 constructive possession of, 120 or more dosage units containing 2781 a controlled substance described in this section commits a 2782 felony of the first degree, which felony shall be known as 2783 “trafficking in pharmaceuticals,” punishable as provided in s. 2784 775.082, s. 775.083, or s. 775.084, and must be prosecuted under 2785 this paragraph. If the quantity involved: 2786 a. Is 120 or more dosage units, but fewer than 500 dosage 2787 units, such person shall be sentenced to a mandatory minimum 2788 term of imprisonment of 3 years and shall be ordered to pay a 2789 fine of up to $25,000. 2790 b. Is 500 or more dosage units, but fewer than 1,000 dosage 2791 units, such person shall be sentenced to a mandatory minimum 2792 term of imprisonment of 7 years and shall be ordered to pay a 2793 fine of up to $50,000. 2794 c. Is 1,000 or more dosage units, but fewer than 5,000 2795 dosage units, such person shall be sentenced to a mandatory 2796 minimum term of imprisonment of 15 years and shall be ordered to 2797 pay a fine of up to $100,000. 2798 d. Is 5,000 or more dosage units, such person shall be 2799 sentenced to a mandatory minimum term of imprisonment of 25 2800 years and shall be ordered to pay a fine of up to $250,000. 2801 (6) Notwithstanding any other provision of law, for an 2802 offense under this section the court shall impose a sentence 2803 pursuant to the Criminal Punishment Code under chapter 921 and 2804 without regard to any statutory minimum sentence, if the court 2805 finds at sentencing, after the state attorney has been afforded 2806 the opportunity to make a recommendation, all of the following: 2807 (a) The defendant has not previously been convicted of a 2808 dangerous crime as defined in s. 907.041(4)(a), or a violation 2809 specified as a predicate offense for registration as a sexual 2810 predator under s. 775.21 or for registration as a sexual 2811 offender under s. 943.0435. 2812 (b) The defendant did not use violence or credible threats 2813 of violence or possess a firearm or other dangerous weapon, or 2814 induce another participant to do so, in connection with the 2815 offense. 2816 (c) The offense did not result in death or serious bodily 2817 injury to any person. 2818 (d) The defendant was not engaged in a continuing criminal 2819 enterprise, as described in s. 893.20. 2820 (e) By the time of the sentencing hearing, the defendant 2821 has truthfully provided to the state all information and 2822 evidence the defendant has concerning the offense or offenses 2823 that were part of the same course of conduct or of a common 2824 scheme or plan. The fact that the defendant has no other 2825 relevant or useful information to provide or that the state is 2826 already aware of the information does not preclude a 2827 determination by the court that the defendant has complied with 2828 this requirement. 2829 (9)(a) It is the intent of the Legislature to retroactively 2830 apply chapter 2014-176, Laws of Florida, only as provided in 2831 this subsection, to violations of former s. 893.135(1)(c)1. 2832 involving hydrocodone or oxycodone or any mixture containing 2833 hydrocodone or oxycodone. A reference in this subsection to 2834 “former s. 893.135(1)(c)1.” is a reference to s. 893.135(1)(c)1. 2835 as it existed at any time before the amendment of this section 2836 by chapter 2014-176, Laws of Florida. 2837 (b) A person who committed a violation of former s. 2838 893.135(1)(c)1. before July 1, 2014, but who was not sentenced 2839 for such violation before October 1, 2019, shall be sentenced as 2840 provided in this subsection. A person who was sentenced before 2841 October 1, 2019, for a violation of former s. 893.135(1)(c)1. 2842 committed before July 1, 2014, may petition the court for 2843 resentencing pursuant to this subsection. 2844 (c) A violation of former s. 893.135(1)(c)1. is a felony of 2845 the first degree, punishable as provided in s. 775.082, s. 2846 775.083, or s. 775.084. 2847 (d) If the controlled substance involved in the violation 2848 of former s. 893.135(1)(c)1. was hydrocodone or any mixture 2849 containing hydrocodone, and the quantity involved: 2850 1. Was 4 grams or more, but less than 14 grams, such person 2851 shall be sentenced or resentenced as provided in s. 775.082, s. 2852 775.083, or s. 775.084. 2853 2. Was 14 grams or more, but less than 28 grams, such 2854 person shall be sentenced or resentenced to a mandatory minimum 2855 term of imprisonment of 3 years and shall be ordered to pay a 2856 fine of $50,000. 2857 3. Was 28 grams or more, but less than 50 grams, such 2858 person shall be sentenced or resentenced to a mandatory minimum 2859 term of imprisonment of 7 years and shall be ordered to pay a 2860 fine of $100,000. 2861 4. Was 50 grams or more, but less than 200 grams, such 2862 person shall be sentenced or resentenced to a mandatory minimum 2863 term of imprisonment of 15 years and shall be ordered to pay a 2864 fine of $500,000. 2865 5. Was 200 grams or more, but less than 30 kilograms, such 2866 person shall be sentenced or resentenced to a mandatory minimum 2867 term of imprisonment of 25 years and shall be ordered to pay a 2868 fine of $500,000. 2869 (e) If the controlled substance involved in the violation 2870 of former s. 893.135(1)(c)1. was oxycodone or any mixture 2871 containing oxycodone, and the quantity involved: 2872 1. Was 4 grams or more, but less than 7 grams, such person 2873 shall be sentenced or resentenced as provided in s. 775.082, s. 2874 775.083, or s. 775.084. 2875 2. Was 7 grams or more, but less than 14 grams, such person 2876 shall be sentenced or resentenced to a mandatory minimum term of 2877 imprisonment of 3 years and shall be ordered to pay a fine of 2878 $50,000. 2879 3. Was 14 grams or more, but less than 25 grams, such 2880 person shall be sentenced or resentenced to a mandatory minimum 2881 term of imprisonment of 7 years and shall be ordered to pay a 2882 fine of $100,000. 2883 4. Was 25 grams or more, but less than 100 grams, such 2884 person shall be sentenced or resentenced to a mandatory minimum 2885 term of imprisonment of 15 years and shall be ordered to pay a 2886 fine of $500,000. 2887 5. Was 100 grams or more, but less than 30 kilograms, such 2888 person shall be sentenced or resentenced to a mandatory minimum 2889 term of imprisonment of 25 years and shall be ordered to pay a 2890 fine of $500,000. 2891 Section 49. Effective upon this act becoming a law, section 2892 900.05, Florida Statutes, is amended to read: 2893 900.05 Criminal justice data collection.— 2894 (1) LEGISLATIVE FINDINGS AND INTENT.—It is the intent of 2895 the Legislature to create a model of uniform criminal justice 2896 data collection by requiring local and state criminal justice 2897 agencies to report complete, accurate, and timely data, and 2898 making such data available to the public. The Legislature finds 2899 that it is an important state interest to implement a uniform 2900 data collection process and promote criminal justice data 2901 transparency. 2902 (2) DEFINITIONS.—As used in this section, the term: 2903 (a) “Annual felony caseload” means the yearly caseload of 2904 each full-time state attorney and assistant state attorney,or2905 public defender and assistant public defender, or regional 2906 conflict counsel and assistant regional conflict counsel for 2907 cases assigned to the circuit criminal division, based on the 2908 number of felony cases reported to the Supreme Court under s. 2909 25.075. The term does not include the appellate caseload of a 2910 public defender,orassistant public defender, regional conflict 2911 counsel, or assistant regional conflict counsel. Cases reported 2912 pursuant to this term must be associated with a case number, and 2913 each case number must only be reported once regardless of the 2914 number of attorney assignments that occur during the course of 2915 litigation. The caseload shall be calculated on June 30 and 2916 reported once at the beginning of the reporting agency’s fiscal 2917 year. 2918 (b) “Annual felony conflict caseload” means the total 2919 number of felony cases the office of the public defender or 2920 office of regional conflict counsel has declined or withdrawn 2921 from in the previous calendar year due to lack of qualified 2922 counsel or due to excessive caseload. The caseload shall be 2923 calculated on June 30 and reported once at the beginning of the 2924 reporting agency’s fiscal year. 2925 (c)(b)“Annual misdemeanor caseload” means the yearly 2926 caseload of each full-time state attorney and assistant state 2927 attorney,orpublic defender and assistant public defender, or 2928 regional conflict counsel and assistant regional conflict 2929 counsel for cases assigned to the county criminal division, 2930 based on the number of misdemeanor cases reported to the Supreme 2931 Court under s. 25.075. The term does not include the appellate 2932 caseload of a public defender,orassistant public defender, 2933 regional conflict counsel, or assistant regional conflict 2934 counsel. Cases reported pursuant to this term must be associated 2935 with a case number, and each case number must only be reported 2936 once regardless of the number of attorney assignments that occur 2937 during the course of litigation. The caseload shall be 2938 calculated on June 30 and reported once at the beginning of the 2939 reporting agency’s fiscal year. 2940 (d) “Annual misdemeanor conflict caseload” means the total 2941 number of misdemeanor cases the office of the public defender or 2942 office of regional conflict counsel has declined or withdrawn 2943 from in the previous calendar year due to lack of qualified 2944 counsel or due to excessive caseload. The caseload shall be 2945 calculated on June 30 and reported once at the beginning of the 2946 reporting agency’s fiscal year. 2947 (e)(c)“Attorney assignment date” means the date a court 2948 appointed attorney is assigned to the case or, if privately 2949 retained, the date an attorney files a notice of appearance with 2950 the clerk of court. 2951 (f)(d)“Attorney withdrawal date” means the date the court 2952 removes court-appointed counsel from a case or, for a privately 2953 retained attorney, the date a motion to withdraw is granted by 2954 the court. 2955 (g)(e)“Case number” means the uniform caseidentification2956 number assigned by the clerk of court to a criminal case. 2957 (h)(f)“Case status” means whether a case is open, active, 2958 inactive, closed, reclosed, or reopened due to a violation of 2959 probation or community control. 2960 (i)(g)“Charge description” means the statement of the 2961 conduct that is alleged to have been violated, the associated 2962 statutory section establishing such conduct as criminal, and the 2963 misdemeanor or felony classification that is provided for in the 2964 statutory section alleged to have been violated. 2965 (j) “Charge disposition” means the final adjudication for 2966 each charged crime, including, but not limited to, dismissal by 2967 state attorney, dismissal by judge, acquittal, no contest plea, 2968 guilty plea, or guilty finding at trial. 2969 (k)(h)“Charge modifier” means an aggravating circumstance 2970 of an alleged crime that enhances or reclassifies a charge to a 2971 more serious misdemeanor or felony offense level. 2972 (l)(i)“Concurrent or consecutive sentence flag” means an 2973 indication that a defendant is serving another sentence 2974 concurrently or consecutively in addition to the sentence for 2975 which data is being reported. 2976 (m)(j)“Daily number of correctional officers” means the 2977 number of full-time, part-time, and auxiliary correctional 2978 officers who are actively providing supervision, protection, 2979 care, custody, and control of inmates in a county detention 2980 facility or state correctional institution or facility each day. 2981 (n)(k)“Defense attorney type” means whether the attorney 2982 is a public defender, regional conflict counsel, or other 2983 counsel court-appointed for the defendant; the attorney is 2984 privately retained by the defendant; or the defendant is 2985 represented pro se. 2986 (o)(l)“Deferred prosecution or pretrial diversion 2987 agreement date” means the date an agreementa contractis signed 2988 by the parties regarding a defendant’s admission into a deferred 2989 prosecution or pretrial diversion program. 2990 (p)(m)“Deferred prosecution or pretrial diversion hearing 2991 date” means each date that a hearing, including a status 2992 hearing, is held on a case that is in a deferred prosecution or 2993 pretrial diversion program, if applicable. 2994 (q)(n)“Disciplinary violation and action” means any 2995 conduct performed by an inmate in violation of the rules of a 2996 county detention facility or state correctional institution or 2997 facility that results in the initiation of disciplinary 2998 proceedings by the custodial entity and the consequences of such 2999 disciplinary proceedings. 3000 (r)(o)“Disposition date” means the date of final judgment, 3001 adjudication, adjudication withheld, dismissal, or nolle 3002 prosequi for the case and if different dates apply, the 3003 disposition dates of each charge. 3004 (s) “Disposition type” means the manner in which the charge 3005 was closed, including final judgment, adjudication, adjudication 3006 withheld, dismissal, or nolle prosequi. 3007 (t)(p)“Domestic violence flag” means an indication that a 3008 filed charge involves domestic violence as defined in s. 741.28. 3009 (u)(q)“Gang affiliation flag” means an indication that a 3010 defendant is involved in or associated with a criminal gang as 3011 defined in s. 874.03 at the time of the current offense. 3012 (v)(r)“Gain-time credit earned” means a credit of time 3013 awarded to an inmate in a county detention facility in 3014 accordance with s. 951.22 or a state correctional institution or 3015 facility in accordance with s. 944.275. 3016 (w)(s)“Habitual offender flag” means an indication that a 3017 defendant is a habitual felony offender as defined in s. 775.084 3018 or a habitual misdemeanor offender as defined in s. 775.0837. 3019 (x) “Habitual violent felony offender flag” means an 3020 indication that a defendant is a habitual violent felony 3021 offender as defined in s. 775.084. 3022(t)“Judicial transfer date” means a date on which a3023defendant’s case is transferred to another court or presiding3024judge.3025 (y)(u)“Number of contract attorneys representing indigent 3026 defendants for the office of the public defender” means the 3027 number of attorneys hired on a temporary basis, by contract, to 3028 represent indigent clients who were appointed a public defender. 3029 (z)(v)“Pretrial release violation flag” means an 3030 indication that the defendant has violated the terms of his or 3031 her pretrial release. 3032 (aa)(w)“Prior incarceration within the state” means any 3033 prior history of a defendant’s incarcerationdefendant being3034incarceratedin acounty detention facility orstate 3035 correctional institution or facility. 3036 (bb) “Prison releasee reoffender flag” means an indication 3037 that the defendant is a prison releasee reoffender as defined in 3038 s. 775.082 or any other statute. 3039 (dd)(x)“Tentative release date” means the anticipated date 3040 that an inmate will be released from incarceration after the 3041 application of adjustments for any gain-time earned or credit 3042 for time served. 3043 (cc)(y)“Sexual offender flag” means an indication that a 3044 defendant wasisrequired to register as a sexual predator as 3045 defined in s. 775.21 or as a sexual offender as defined in s. 3046 943.0435. 3047 (ee) “Three-time violent felony offender flag” means an 3048 indication that the defendant is a three-time violent felony 3049 offender as defined in s. 775.084 or any other statute. 3050 (ff) “Violent career criminal flag” means an indication 3051 that the defendant is a violent career criminal as defined in s. 3052 775.084 or any other statute. 3053 (3) DATA COLLECTION AND REPORTING.—Beginning January 1,30542019,An entity required to collect data in accordance with this 3055 subsection shall collect the specified data andrequired of the3056entity on a biweekly basis. Each entity shallreport themthe3057datacollectedin accordance with this subsection to the 3058 Department of Law Enforcement on a monthly basis. 3059 (a) Clerk of the court.—Each clerk of court shall collect 3060 the following data for each criminal case: 3061 1. Case number. 3062 2. Date that the alleged offense occurred. 30633.County in which the offense is alleged to have occurred.3064 3.4.Date the defendant is taken into physical custody by a 3065 law enforcement agency or is issued a notice to appear on a 3066 criminal charge, if such date is different from the date the3067offense is alleged to have occurred. 3068 4. Whether the case originated by notice to appear. 3069 5. Date that the criminal prosecution of a defendant is 3070 formally initiatedthrough the filing, with the clerk of the3071court, of an information by the state attorney or an indictment3072issued by a grand jury. 3073 6. Arraignment date. 3074 7. Attorney appointmentassignmentdate. 3075 8. Attorney withdrawal date. 3076 9. Case status. 3077 10. Charge disposition. 3078 11.10.Disposition date and disposition type. 3079 12.11.Information related to each defendant, including: 3080 a. Identifying information, including name, known aliases, 3081 date of birth,age,race,orethnicity, and gender. 3082 b. Zip code of last known addressprimary residence. 3083 c. Primary language. 3084 d. Citizenship. 3085 e. Immigration status, if applicable. 3086 f. Whether the defendant has been foundby a courtto be 3087 indigent underpursuant tos. 27.52. 3088 13.12.Information related to theformalcharges filed 3089 against the defendant, including: 3090 a. Charge description. 3091 b. Charge modifier description and statute, if applicable. 3092 c. Drug type for each drug charge, if known. 3093 d. Qualification for a flag designation as defined in this 3094 section, including a domestic violence flag, gang affiliation 3095 flag, sexual offender flag, habitual offender flag, habitual 3096 violent felony offender flag,orpretrial release violation 3097 flag, prison releasee reoffender flag, three-time violent felony 3098 offender flag, or violent career criminal flag. 3099 14.13.Information related to bail or bond and pretrial 3100 release determinations, including the dates of any such 3101 determinations: 3102 a. Pretrial release determination made at a first 3103 appearance hearing that occurs within 24 hours of arrest, 3104 including anyallmonetary and nonmonetary conditions of 3105 release. 3106 b. Modification of bail or bond conditions made by a court 3107 having jurisdiction to try the defendant or, in the absence of 3108 the judge of the trial court, by the circuit court, including 3109 modifications to any monetary and nonmonetary conditions of 3110 release. 3111 c. Cash bail or bond payment, including whether the 3112 defendant utilized a bond agent to post a surety bond. 3113 d. Date defendant is released on bail, bond, or pretrial 3114 release for the current case. 3115 e. Bail or bond revocation due to a new offense, a failure 3116 to appear, or a violation of the terms of bail or bond, if 3117 applicable. 3118 15.14.Information related to court dates and dates of 3119 motions and appearances, including: 3120 a. Date of any court appearance and the type of proceeding 3121 scheduled for each date reported. 3122 b. Date of any failure to appear in court, if applicable. 3123 c. Deferred prosecution or pretrial diversion hearing, if 3124 applicableJudicial transfer date, if applicable. 3125 d. Each scheduled trial date. 3126 e. Date that a defendant files a notice to participate in 3127 discovery. 3128 f. Speedy trial motion date and each hearing datedates, if 3129 applicable. 3130 g. Dismissal motion date and each hearing datedates, if 3131 applicable. 3132 16.15.Defense attorney type. 3133 17.16.Information related to sentencing, including: 3134 a. Date that a court enters a sentence against a defendant. 3135 b. Charge sentenced to, including charge sequence number, 3136 and charge description, statute, type, and charge class3137severity. 3138 c. Sentence type and length imposed by the court in the 3139 current case, reported in years, months, and days, including, 3140 but not limited to, the total duration of incarceration 3141imprisonmentin a county detention facility or state 3142 correctional institution or facility, and conditions of 3143 probation or community control supervision. 3144 d. Amount of time served in custody by the defendant 3145 related to each chargethe reported criminal casethat is 3146 credited at the time of disposition of the chargecaseto reduce 3147 the imposedactuallength of time the defendant will serve on 3148 the term of incarcerationimprisonmentthat is ordered by the 3149 court at disposition. 3150 e. Total amount of court costsfeesimposed by the court at 3151 the disposition of the case. 3152f.Outstanding balance of the defendant’s court fees3153imposed by the court at disposition of the case.3154 f.g.Total amount of fines imposed by the court at the 3155 disposition of the case. 3156h.Outstanding balance of the defendant’s fines imposed by3157the court at disposition of the case.3158 g.i.Restitution amount ordered at sentencing, including3159the amount collected by the court and the amount paid to the3160victim, if applicable. 3161j.Digitized sentencing scoresheet prepared in accordance3162with s. 921.0024.3163 18.17.The sentencing judge or magistrate, or their 3164 equivalentnumber of judges or magistrates, or their3165equivalents, hearing cases in circuit or county criminal3166divisions of the circuit court. Judges or magistrates, or their3167equivalents, who solely hear appellate cases from the county3168criminal division are not to be reported under this3169subparagraph. 3170 (b) State attorney.—Each state attorney shall collect the 3171 following data: 3172 1. Information related to a human victim of a criminal 3173 offense, including: 3174 a. Identifying information of the victim, including race, 3175orethnicity, gender, and age at the time of the offense. 3176 b. Relationship to the offender, if any. 3177 2. Number of full-time prosecutors. 3178 3. Number of part-time prosecutors. 3179 4. Annual felony caseload. 3180 5. Annual misdemeanor caseload. 3181 6. Any charge referred to the state attorney by a law 3182 enforcement agency or sworn complainant related to an episode of 3183 criminal activity. 3184 7. Disposition of each referred charge, such as filed, 3185 declined, or diverted. 3186 8.7.Number of cases in which a no-information was filed. 3187 9.8.Information related to each defendant, including: 3188 a. Each charge referred to the state attorney by a law 3189 enforcement agency or sworn complainant related to an episode of 3190 criminal activity. 3191 b. Case number, name, and date of birth. 3192 c.b.Drug type for each drug charge, if applicable. 3193 d. Deferred prosecution or pretrial diversion agreement 3194 date, if applicable. 3195 (c) Public defender.—Each public defender shall collect the 3196 following datafor each criminal case: 3197 1. Number of full-time public defenders. 3198 2. Number of part-time public defenders. 3199 3. Number of contract attorneys representing indigent 3200 defendants for the office of the public defender. 3201 4. Annual felony caseload. 3202 5. Annual felony conflict caseload. 3203 6.5.Annual misdemeanor caseload. 3204 7. Annual misdemeanor conflict caseload. 3205 (d) County detention facility.—The administrator of each 3206 county detention facility shall collect the following data: 3207 1. Maximum capacity for the county detention facility. 3208 2. Weekly admissions to the county detention facility for a 3209 revocation of probation or community control. 3210 3. Weekly admissions to the county detention facility for a 3211 revocation of pretrial release. 3212 4.3.Daily population of the county detention facility, 3213 including the specific number of inmates in the custody of the 3214 county that: 3215 a. Are awaiting case disposition. 3216 b. Have been sentenced by a court to a term of 3217 incarcerationimprisonmentin the county detention facility. 3218 c. Have been sentenced by a court to a term of imprisonment 3219 with the Department of Corrections and who are awaiting 3220 transportation to the department. 3221 d. Have a federal detainer,orare awaiting disposition of 3222 a case in federal court, or are awaiting other federal 3223 disposition. 3224 5.4.Information related to each inmate, including: 3225 a. Identifying information, including name, date of birth, 3226 race, ethnicity, gender, case number, and identification number 3227 assigned by the county detention facility. 3228 b.a.Date when an inmatea defendantis processed and 3229 booked into the county detention facility subsequent to an 3230 arrest for a new violation of law,orfor a violation of 3231 probation or community control, or for a violation of pretrial 3232 release. 3233 c.b.Reason why an inmatea defendantis processed and 3234 booked into the county detention facility, includingif it is3235fora new law violation,ora violation of probation or 3236 community control, or a violation of pretrial release. 3237 d.c.Qualification for a flag designation as defined in 3238 this section, including domestic violence flag, gang affiliation 3239 flag, habitual offender flag, habitual violent felony offender 3240 flag, pretrial release violation flag,orsexual offender flag, 3241 prison releasee reoffender flag, three-time violent felony 3242 offender flag, or violent career criminal flag. 3243 6.5.Total population of the county detention facility at 3244 year-end. This data must include the same specified 3245 classifications as subparagraph 3. 3246 7.6.Per diem rate for a county detention facility bed. 3247 8.7.Daily number of correctional officers for the county 3248 detention facility. 3249 9.8.Annual county detention facility budget. This 3250 information only needs to be reported once annually at the 3251 beginning of the county’s fiscal year. 3252 10.9.Annual revenue generated for the county from the 3253 temporary incarceration of federal defendants or inmates. 3254 (e) Department of Corrections.—The Department of 3255 Corrections shall collect the following data: 3256 1. Information related to each inmate, including: 3257 a. Identifying information, including name, date of birth, 3258 race,orethnicity, gender, case number, and identification 3259 number assigned by the department. 3260 b.Number of children.3261c.Highest education level, including any vocational3262training. 3263 c.d.Date the inmate was admitted to the custody of the 3264 department for his or her current incarceration. 3265 d.e.Current institution placement and the security level 3266 assigned to the institution. 3267 e.f.Custody level assignment. 3268 f.g.Qualification for a flag designation as defined in 3269 this section, including sexual offender flag, habitual offender 3270 flag, habitual violent felony offender flag, prison releasee 3271 reoffender flag, three-time violent felony offender flag, 3272 violent career criminal flag, gang affiliation flag, or 3273 concurrent or consecutive sentence flag. 3274 g.h.County that committed the prisoner to the custody of 3275 the department. 3276 h.i.Whether the reason for admission to the department is 3277 for a new conviction or a violation of probation, community 3278 control, or parole. For an admission for a probation, community 3279 control, or parole violation, the department shall report 3280 whether the violation was technical or based on a new violation 3281 of law. 3282 i.j.Specific statutory citation for which the inmate was 3283 committed to the department, including, for an inmate convicted 3284 of drug trafficking under s. 893.135, the statutory citation for 3285 each specific drug trafficked. 3286 j. Length of sentence served. 3287 k. Length of sentence or concurrent or consecutive 3288 sentences served. 3289 l. Tentative release date. 3290 m. Gain time earned in accordance with s. 944.275. 3291 n. Prior incarceration within the state. 3292 o. Disciplinary violation and action. 3293 p. Participation in rehabilitative or educational programs 3294 while in the custody of the department. 3295 q. Digitized sentencing scoresheet prepared in accordance 3296 with s. 921.0024. 3297 2. Information about each state correctional institution or 3298 facility, including: 3299 a. Budget for each state correctional institution or 3300 facility. 3301 b. Daily prison population of all inmates incarcerated in a 3302 state correctional institution or facility. 3303 c. Daily number of correctional officers for each state 3304 correctional institution or facility. 3305 3. Information related to persons supervised by the 3306 department on probation or community control, including: 3307 a. Identifying information for each person supervised by 3308 the department on probation or community control, including his 3309 or her name, date of birth, race,orethnicity, gender, case 3310 numbersex, and department-assigned case number. 3311 b. Length of probation or community control sentence 3312 imposed and amount of time that has been served on such 3313 sentence. 3314 c. Projected termination date for probation or community 3315 control. 3316 d. Revocation of probation or community control due to a 3317 violation, including whether the revocation is due to a 3318 technical violation of the conditions of supervision or from the 3319 commission of a new law violation. 3320 4. Per diem rates for: 3321 a. Prison bed. 3322 b. Probation. 3323 c. Community control. 3324 3325 This information only needs to be reported once annually at the 3326 time the most recent per diem rate is published. 3327 (f) Justice Administrative Commission.—The Justice 3328 Administrative Commission shall collect the following data: 3329 1. Number of private registry attorneys representing 3330 indigent adult defendants. 3331 2. Annual felony caseload assigned to private registry 3332 contract attorneys. 3333 3. Annual misdemeanor caseload assigned to private registry 3334 contract attorneys. 3335 (g) Criminal conflict regional counsel.—Each office of 3336 criminal conflict regional counsel shall report the following 3337 data: 3338 1. Number of full-time assistant regional conflict counsel 3339 handling criminal cases. 3340 2. Number of part-time assistant regional conflict counsel 3341 handling criminal cases. 3342 3. Number of contract attorneys representing indigent adult 3343 defendants. 3344 4. Annual felony caseload. 3345 5. Annual felony conflict caseload. 3346 6. Annual misdemeanor caseload. 3347 7. Annual misdemeanor conflict caseload. 3348 (4) DATA PUBLICLY AVAILABLE.—Beginning January 1, 2019,The 3349 Department of Law Enforcement shall publish datasets in its 3350 possession in a modern, open, electronic format that is machine 3351 readable and readily accessible by the public on the 3352 department’s website. The published data must be searchable, at 3353 a minimum, byeachdata elementselement, county, circuit, and 3354 unique identifier. Beginning March 1, 2019, the department shall 3355 publishbegin publishingthe data received under subsection (3) 3356(2)in the same modern, open, electronic format that is machine 3357 readable and readily accessible to the public on the 3358 department’s website. The department shall publish all data 3359 received under subsection (3)(2)no later than January 1, 2020, 3360 and monthly thereafterJuly 1, 2019. 3361 (5) NONCOMPLIANCE.—Notwithstanding any other provision of 3362 law, an entity required to collect and transmit data under 3363 subsection (3)paragraph (3)(a) or paragraph (3)(d)which does 3364 not comply with the requirements of this section is ineligible 3365 to receive funding from the General Appropriations Act, any 3366 state grant program administered by the Department of Law 3367 Enforcement, or any other state agency for 5 years after the 3368 date of noncompliance. 3369 (6) CONFIDENTIALITY.—Information collected by any reporting 3370 agency which is confidential and exempt upon collection remains 3371 confidential and exempt when reported to the Department of Law 3372 Enforcement under this section. 3373 Section 50. Effective July 1, 2020, section 900.06, Florida 3374 Statutes, is created to read: 3375 900.06 Recording of custodial interrogations for certain 3376 offenses.— 3377 (1) As used in this section, the term: 3378 (a) “Electronic recording” means an audio recording or an 3379 audio and video recording that accurately records a custodial 3380 interrogation. 3381 (b) “Covered offense” includes: 3382 1. Arson. 3383 2. Sexual battery. 3384 3. Robbery. 3385 4. Kidnapping. 3386 5. Aggravated child abuse. 3387 6. Aggravated abuse of an elderly person or disabled adult. 3388 7. Aggravated assault with a deadly weapon. 3389 8. Murder. 3390 9. Manslaughter. 3391 10. Aggravated manslaughter of an elderly person or 3392 disabled adult. 3393 11. Aggravated manslaughter of a child. 3394 12. The unlawful throwing, placing, or discharging of a 3395 destructive device or bomb. 3396 13. Armed burglary. 3397 14. Aggravated battery. 3398 15. Aggravated stalking. 3399 16. Home-invasion robbery. 3400 17. Carjacking. 3401 (c) “Custodial interrogation” means questioning or other 3402 conduct by a law enforcement officer which is reasonably likely 3403 to elicit an incriminating response from an individual and which 3404 occurs under circumstances in which a reasonable individual in 3405 the same circumstances would consider himself or herself to be 3406 in the custody of a law enforcement agency. 3407 (d) “Place of detention” means a police station, sheriff’s 3408 office, correctional facility, prisoner holding facility, county 3409 detention facility, or other governmental facility where an 3410 individual may be held in connection with a criminal charge that 3411 has been or may be filed against the individual. 3412 (e) “Statement” means a communication that is oral, 3413 written, electronic, nonverbal, or in sign language. 3414 (2)(a) A custodial interrogation at a place of detention, 3415 including the giving of a required warning, the advisement of 3416 the rights of the individual being questioned, and the waiver of 3417 any rights by the individual, must be electronically recorded in 3418 its entirety if the interrogation is related to a covered 3419 offense. 3420 (b) If a law enforcement officer conducts a custodial 3421 interrogation at a place of detention without electronically 3422 recording the interrogation, the officer must prepare a written 3423 report explaining the reason why he or she did not record the 3424 interrogation. 3425 (c) As soon as practicable, a law enforcement officer who 3426 conducts a custodial interrogation at a place other than a place 3427 of detention shall prepare a written report explaining the 3428 circumstances of the interrogation at that place and summarizing 3429 the custodial interrogation process and the individual’s 3430 statements made at that place. 3431 (d) Paragraph (a) does not apply: 3432 1. If an unforeseen equipment malfunction prevents 3433 recording the custodial interrogation in its entirety; 3434 2. If a suspect refuses to participate in a custodial 3435 interrogation if his or her statements are to be electronically 3436 recorded; 3437 3. If an equipment operator error prevents recording the 3438 custodial interrogation in its entirety; 3439 4. If the statement is made spontaneously and not in 3440 response to a custodial interrogation question; 3441 5. If the statement is made during the processing of the 3442 arrest of a suspect; 3443 6. If the custodial interrogation occurs when the law 3444 enforcement officer participating in the interrogation does not 3445 have any knowledge of facts and circumstances that would lead an 3446 officer to reasonably believe that the individual being 3447 interrogated may have committed a covered offense; 3448 7. If the law enforcement officer conducting the custodial 3449 interrogation reasonably believes that making an electronic 3450 recording would jeopardize the safety of the officer, the 3451 individual being interrogated, or others; or 3452 8. If the custodial interrogation is conducted outside of 3453 this state. 3454 (3) Unless a court finds that one or more of the 3455 circumstances specified in paragraph (2)(d) apply, the court 3456 must consider the circumstances of an interrogation conducted by 3457 a law enforcement officer in which he or she did not 3458 electronically record all or part of a custodial interrogation 3459 in determining whether a statement made during the interrogation 3460 is admissible. If the court admits into evidence a statement 3461 made during a custodial interrogation that was not 3462 electronically recorded as required under paragraph (2)(a), the 3463 court must, upon request of the defendant, give cautionary 3464 instructions to the jury regarding the law enforcement officer’s 3465 failure to comply with that requirement. 3466 (4) A law enforcement agency in this state which has 3467 enforced rules adopted pursuant to this section which are 3468 reasonably designed to ensure compliance with the requirements 3469 of this section is not subject to civil liability for damages 3470 arising from a violation of this section. This section does not 3471 create a cause of action against a law enforcement officer. 3472 Section 51. Paragraph (e) of subsection (1) of section 3473 921.002, Florida Statutes, is amended to read: 3474 921.002 The Criminal Punishment Code.—The Criminal 3475 Punishment Code shall apply to all felony offenses, except 3476 capital felonies, committed on or after October 1, 1998. 3477 (1) The provision of criminal penalties and of limitations 3478 upon the application of such penalties is a matter of 3479 predominantly substantive law and, as such, is a matter properly 3480 addressed by the Legislature. The Legislature, in the exercise 3481 of its authority and responsibility to establish sentencing 3482 criteria, to provide for the imposition of criminal penalties, 3483 and to make the best use of state prisons so that violent 3484 criminal offenders are appropriately incarcerated, has 3485 determined that it is in the best interest of the state to 3486 develop, implement, and revise a sentencing policy. The Criminal 3487 Punishment Code embodies the principles that: 3488 (e) The sentence imposed by the sentencing judge reflects 3489 the length of actual time to be served, shortened only by the 3490 application of incentive and meritorious gain-time as provided 3491 by law, and may not be shortened if the defendant would 3492 consequently serve less than 65 percent of his or her term of 3493 imprisonment as provided in s. 944.275(4)(b)3.a. or 85 percent 3494 of his or her term of imprisonment as provided in s. 944.275(4) 3495 or s. 944.275(4)(b)3.b. The provisions of chapter 947, relating 3496 to parole, do notshall notapply to persons sentenced under the 3497 Criminal Punishment Code. This paragraph applies retroactively 3498 to October 1, 1995, as provided in s. 944.275(4)(b)3.a. and b. 3499 Section 52. Section 943.0578, Florida Statutes, is created 3500 to read: 3501 943.0578 Lawful self-defense expunction.— 3502 (1) Notwithstanding the eligibility requirements defined in 3503 s. 943.0585(1) and (2), the department shall issue a certificate 3504 of eligibility for expunction under this section to a person who 3505 is the subject of a criminal history record if that person has 3506 obtained, and submitted to the department, on a form provided by 3507 the department, a written, certified statement from the 3508 appropriate state attorney or statewide prosecutor which states 3509 whether an information, indictment, or other charging document 3510 was not filed or was dismissed by the state attorney, or 3511 dismissed by the court, because it was found that the person 3512 acted in lawful self-defense pursuant to chapter 776. 3513 (2) Each petition to expunge a criminal history record 3514 pursuant to this section must be accompanied by: 3515 (a) A valid certificate of eligibility for expunction 3516 issued by the department pursuant to this section; and 3517 (b) The petitioner’s sworn statement attesting that the 3518 petitioner is eligible for such an expunction to the best of his 3519 or her knowledge or belief. 3520 3521 Any person who knowingly provides false information on such 3522 sworn statement to the court commits a felony of the third 3523 degree, punishable as provided in s. 775.082, s. 775.083, or s. 3524 775.084. 3525 (3) This section does not confer any right to the 3526 expunction of a criminal history record, and any request for 3527 expunction of a criminal history record may be denied at the 3528 discretion of the court. 3529 (4) Sections 943.0585(5) and (6) apply to an expunction 3530 ordered under this section. 3531 (5) The department shall adopt rules to establish 3532 procedures for applying for and issuing a certificate of 3533 eligibility for expunction under this section. 3534 Section 53. Section 943.0581, Florida Statutes, is amended 3535 to read: 3536 943.0581 Administrative expunction for arrests made 3537 contrary to law or by mistake.— 3538 (1) Notwithstanding any law dealing generally with the 3539 preservation and destruction of public records, the department 3540 may adopt a rule pursuant to chapter 120 for the administrative 3541 expunction of any nonjudicial record of an arrest of a minor or 3542 an adult made contrary to law or by mistake. 3543 (2) A law enforcement agency shall apply to the department 3544 in the manner prescribed by rule for the administrative 3545 expunction of any nonjudicial record of any arrest of a minor or 3546 an adult who is subsequently determined by the agency, at its 3547 discretion, or by the final order of a court of competent 3548 jurisdiction, to have been arrested contrary to law or by 3549 mistake. 3550 (3) An adult or, in the case of a minor child, the parent 3551 or legal guardian of the minor child, may apply to the 3552 department in the manner prescribed by rule for the 3553 administrative expunction of any nonjudicial record of an arrest 3554 alleged to have been made contrary to law or by mistake, 3555 provided that the application is supported by the endorsement of 3556 the head of the arresting agency or his or her designee or the 3557 state attorney of the judicial circuit in which the arrest 3558 occurred or his or her designee. 3559 (4) An application for administrative expunction shall 3560 include the date and time of the arrest, the name of the person 3561 arrested, the offender-based tracking system (OBTS) number, and 3562 the crime or crimes charged. The application shall be on the 3563 submitting agency’s letterhead and shall be signed by the head 3564 of the submitting agency or his or her designee. 3565 (5) If the person was arrested on a warrant, capias, or 3566 pickup order, a request for an administrative expunction may be 3567 made by the sheriff of the county in which the warrant, capias, 3568 or pickup order was issued or his or her designee or by the 3569 state attorney of the judicial circuit in which the warrant, 3570 capias, or pickup order was issued or his or her designee. 3571 (6) An application or endorsement under this section is not 3572 admissible as evidence in any judicial or administrative 3573 proceeding and may not be construed in any way as an admission 3574 of liability in connection with an arrest. 3575 Section 54. Section 943.0584, Florida Statutes, is created 3576 to read: 3577 943.0584 Criminal history records ineligible for court 3578 ordered expunction or court-ordered sealing.— 3579 (1) As used in this section, the term “conviction” means a 3580 determination of guilt which is the result of a trial or the 3581 entry of a plea of guilty or nolo contendere, regardless of 3582 whether adjudication is withheld, or if the defendant was a 3583 minor, a finding that the defendant committed or pled guilty or 3584 nolo contendere to committing a delinquent act, regardless of 3585 whether adjudication of delinquency is withheld. 3586 (2) A criminal history record is ineligible for a 3587 certificate of eligibility for expunction or a court-ordered 3588 expunction pursuant to s. 943.0585 or a certificate of 3589 eligibility for sealing or a court-ordered sealing pursuant to 3590 s. 943.059 if the record is a conviction, information, 3591 indictment, notice to appear, or arrest for any of the following 3592 offenses: 3593 (a) Sexual misconduct, as defined in s. 393.135, s. 3594 394.4593, or s. 916.1075; 3595 (b) Illegal use of explosives, as defined in chapter 552; 3596 (c) Terrorism, as defined in s. 775.30; 3597 (d) Murder, as defined in s. 782.04, s. 782.065, or s. 3598 782.09; 3599 (e) Manslaughter or homicide, as defined in s. 782.07, s. 3600 782.071, or s. 782.072; 3601 (f) Assault or battery, as defined in ss. 784.011 and 3602 784.03, respectively, of one family or household member by 3603 another family or household member, as defined in s. 741.28(3); 3604 (g) Aggravated assault, as defined in s. 784.021; 3605 (h) Felony battery, domestic battery by strangulation, or 3606 aggravated battery, as defined in s. 784.03, s. 784.041, and s. 3607 784.045, respectively; 3608 (i) Stalking or aggravated stalking, as defined in s. 3609 784.048; 3610 (j) Luring or enticing a child, as defined in s. 787.025; 3611 (k) Human trafficking, as defined in s. 787.06; 3612 (l) Kidnapping or false imprisonment, as defined in s. 3613 787.01 or s. 787.02; 3614 (m) Any offense defined in chapter 794; 3615 (n) Procuring a person less than 18 years of age for 3616 prostitution, as defined in former s. 796.03; 3617 (o) Lewd or lascivious offenses committed upon or in the 3618 presence of persons less than 16 years of age, as defined in s. 3619 800.04; 3620 (p) Arson, as defined in s. 806.01; 3621 (q) Burglary of a dwelling, as defined in s. 810.02; 3622 (r) Voyeurism or video voyeurism, as defined in s. 810.14 3623 and s. 810.145, respectively; 3624 (s) Robbery or robbery by sudden snatching, as defined in 3625 s. 812.13 and s. 812.131, respectively; 3626 (t) Carjacking, as defined in s. 812.133; 3627 (u) Home-invasion robbery, as defined in s. 812.135; 3628 (v) A violation of the Florida Communications Fraud Act, as 3629 provided in s. 817.034; 3630 (w) Abuse of an elderly person or disabled adult, or 3631 aggravated abuse of an elderly person or disabled adult, as 3632 defined in s. 825.102; 3633 (x) Lewd or lascivious offenses committed upon or in the 3634 presence of an elderly person or disabled person, as defined in 3635 s. 825.1025; 3636 (y) Child abuse or aggravated child abuse, as defined in s. 3637 827.03; 3638 (z) Sexual performance by a child, as defined in s. 3639 827.071; 3640 (aa) Any offense defined in chapter 839; 3641 (bb) Certain acts in connection with obscenity, as defined 3642 in s. 847.0133; 3643 (cc) Any offense defined in s. 847.0135; 3644 (dd) Selling or buying of minors, as defined in s. 3645 847.0145; 3646 (ee) Aircraft piracy, as defined in s. 860.16; 3647 (ff) Manufacturing a controlled substance in violation of 3648 chapter 893; 3649 (gg) Drug trafficking, as defined in s. 893.135; or 3650 (hh) Any violation specified as a predicate offense for 3651 registration as a sexual predator pursuant to s. 775.21, or 3652 sexual offender pursuant to s. 943.0435, without regard to 3653 whether that offense alone is sufficient to require such 3654 registration. 3655 Section 55. Section 943.0585, Florida Statutes, is amended 3656 to read: 3657 (Substantial rewording of section. See 3658 s. 943.0585, F.S., for present text.) 3659 943.0585 Court-ordered expunction of criminal history 3660 records.— 3661 (1) ELIGIBILITY.—A person is eligible to petition a court 3662 to expunge a criminal history record if: 3663 (a) An indictment, information, or other charging document 3664 was not filed or issued in the case giving rise to the criminal 3665 history record. 3666 (b) An indictment, information, or other charging document 3667 was filed or issued in the case giving rise to the criminal 3668 history record, was dismissed or nolle prosequi by the state 3669 attorney or statewide prosecutor, or was dismissed by a court of 3670 competent jurisdiction or a judgment of acquittal was rendered 3671 by a judge, or a verdict of not guilty was rendered by a judge 3672 or jury. 3673 (c) The person is not seeking to expunge a criminal history 3674 record that is ineligible for court-ordered expunction pursuant 3675 to s. 943.0584. 3676 (d) The person has never, as of the date the application 3677 for a certificate of expunction is filed, been adjudicated 3678 guilty in this state of a criminal offense or been adjudicated 3679 delinquent in this state for committing any felony or any of the 3680 following misdemeanors, unless the record of such adjudication 3681 of delinquency has been expunged pursuant to s. 943.0515: 3682 1. Assault, as defined in s. 784.011; 3683 2. Battery, as defined in s. 784.03; 3684 3. Assault on a law enforcement officer, a firefighter, or 3685 other specified officers, as defined in s. 784.07(2)(a); 3686 4. Carrying a concealed weapon, as defined in s. 790.01(1); 3687 5. Open carrying of a weapon, as defined in s. 790.053; 3688 6. Unlawful possession or discharge of a weapon or firearm 3689 at a school-sponsored event or on school property, as defined in 3690 s. 790.115; 3691 7. Unlawful use of destructive devices or bombs, as defined 3692 in s. 790.1615(1); 3693 8. Unlawful possession of a firearm, as defined in s. 3694 790.22(5); 3695 9. Exposure of sexual organs, as defined in s. 800.03; 3696 10. Arson, as defined in s. 806.031(1); 3697 11. Petit theft, as defined in s. 812.014(3); 3698 12. Neglect of a child, as defined in s. 827.03(1)(e); or 3699 13. Cruelty to animals, as defined in s. 828.12(1). 3700 (e) The person has not been adjudicated guilty of, or 3701 adjudicated delinquent for committing, any of the acts stemming 3702 from the arrest or alleged criminal activity to which the 3703 petition pertains. 3704 (f) The person is no longer under court supervision 3705 applicable to the disposition of arrest or alleged criminal 3706 activity to which the petition to expunge pertains. 3707 (g) The person has never secured a prior sealing or 3708 expunction of a criminal history record under this section, s. 3709 943.059, former s. 893.14, former s. 901.33, or former s. 3710 943.058, unless expunction is sought of a criminal history 3711 record previously sealed for 10 years pursuant to paragraph (h) 3712 and the record is otherwise eligible for expunction. 3713 (h) The person has previously obtained a court order 3714 sealing the criminal history record under this section, former 3715 s. 893.14, former s. 901.33, or former s. 943.058 for a minimum 3716 of 10 years because adjudication was withheld or because all 3717 charges related to the arrest or alleged criminal activity to 3718 which the petition to expunge pertains were not dismissed before 3719 trial, without regard to whether the outcome of the trial was 3720 other than an adjudication of guilt. The requirement for the 3721 record to have previously been sealed for a minimum of 10 years 3722 does not apply if a plea was not entered or all charges related 3723 to the arrest or alleged criminal activity to which the petition 3724 to expunge pertains were dismissed before trial or a judgment of 3725 acquittal was rendered by a judge or a verdict of not guilty was 3726 rendered by a judge or jury. 3727 (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court 3728 to expunge a criminal history record, a person seeking to 3729 expunge a criminal history record must apply to the department 3730 for a certificate of eligibility for expunction. The department 3731 shall adopt rules to establish procedures for applying for and 3732 issuing a certificate of eligibility for expunction. 3733 (a) The department shall issue a certificate of eligibility 3734 for expunction to a person who is the subject of a criminal 3735 history record if that person: 3736 1. Satisfies the eligibility criteria in paragraphs (1)(a) 3737 (h) and is not ineligible under s. 943.0584. 3738 2. Has submitted to the department a written certified 3739 statement from the appropriate state attorney or statewide 3740 prosecutor which confirms the criminal history record complies 3741 with the criteria in paragraph (1)(a) or paragraphs (1)(b) and 3742 (c). 3743 3. Has submitted to the department a certified copy of the 3744 disposition of the charge to which the petition to expunge 3745 pertains. 3746 4. Remits a $75 processing fee to the department for 3747 placement in the Department of Law Enforcement Operating Trust 3748 Fund, unless the executive director waives such fee. 3749 (b) A certificate of eligibility for expunction is valid 3750 for 12 months after the date stamped on the certificate when 3751 issued by the department. After that time, the petitioner must 3752 reapply to the department for a new certificate of eligibility. 3753 The petitioner’s status and the law in effect at the time of the 3754 renewal application determine the petitioner’s eligibility. 3755 (3) PETITION.—Each petition to expunge a criminal history 3756 record must be accompanied by: 3757 (a) A valid certificate of eligibility issued by the 3758 department. 3759 (b) The petitioner’s sworn statement that he or she: 3760 1. Satisfies the eligibility requirements for expunction in 3761 subsection (1). 3762 2. Is eligible for expunction to the best of his or her 3763 knowledge and does not have any other petition to seal or 3764 expunge a criminal history record pending before any court. 3765 3766 A person who knowingly provides false information on such sworn 3767 statement commits a felony of the third degree, punishable as 3768 provided in s. 775.082, s. 775.083, or s. 775.084. 3769 (4) COURT AUTHORITY.— 3770 (a) The courts of this state have jurisdiction over their 3771 own procedures, including the maintenance, expunction, and 3772 correction of judicial records containing criminal history 3773 information to the extent that such procedures are not 3774 inconsistent with the conditions, responsibilities, and duties 3775 established by this section. 3776 (b) A court of competent jurisdiction may order a criminal 3777 justice agency to expunge the criminal history record of a minor 3778 or an adult who complies with the requirements of this section. 3779 The court may not order a criminal justice agency to expunge a 3780 criminal history record until the person seeking to expunge a 3781 criminal history record has applied for and received a 3782 certificate of eligibility under subsection (2). 3783 (c) The court may order expunction of a criminal history 3784 record pertaining to one arrest or one incident of alleged 3785 criminal activity only, except that the court may order the 3786 expunction of a criminal history record pertaining to more than 3787 one arrest if the additional arrests directly relate to the 3788 original arrest. If the court intends to order the expunction of 3789 records pertaining to such additional arrests, such intent must 3790 be specified in the order. A criminal justice agency may not 3791 expunge any record pertaining to such additional arrests if the 3792 order to expunge does not articulate the intention of the court 3793 to expunge a record pertaining to more than one arrest. This 3794 section does not prevent the court from ordering the expunction 3795 of only a portion of a criminal history record pertaining to one 3796 arrest or one incident of alleged criminal activity. 3797 (d) Notwithstanding any law to the contrary, a criminal 3798 justice agency may comply with laws, court orders, and official 3799 requests of other jurisdictions relating to expunction, 3800 correction, or confidential handling of criminal history records 3801 or information derived therefrom. 3802 (e) This section does not confer any right to expunction of 3803 any criminal history record, and any request for expunction of a 3804 criminal history record may be denied at the sole discretion of 3805 the court. 3806 (5) PROCESSING OF A PETITION OR AN ORDER.— 3807 (a) In judicial proceedings under this section, a copy of 3808 the completed petition to expunge shall be served upon the 3809 appropriate state attorney or the statewide prosecutor and upon 3810 the arresting agency; however, it is not necessary to make any 3811 agency other than the state a party. The appropriate state 3812 attorney or the statewide prosecutor and the arresting agency 3813 may respond to the court regarding the completed petition to 3814 expunge. 3815 (b) If relief is granted by the court, the clerk of the 3816 court shall certify copies of the order to the appropriate state 3817 attorney or the statewide prosecutor and the arresting agency. 3818 The arresting agency shall forward the order to any other agency 3819 to which the arresting agency disseminated the criminal history 3820 record information to which the order pertains. The department 3821 shall forward the order to expunge to the Federal Bureau of 3822 Investigation. The clerk of the court shall certify a copy of 3823 the order to any other agency which the records of the court 3824 reflect has received the criminal history record from the court. 3825 (c) The department or any other criminal justice agency is 3826 not required to act on an order to expunge entered by a court 3827 when such order does not comply with the requirements of this 3828 section. Upon receipt of such an order, the department must 3829 notify the issuing court, the appropriate state attorney or 3830 statewide prosecutor, the petitioner or the petitioner’s 3831 attorney, and the arresting agency of the reason for 3832 noncompliance. The appropriate state attorney or statewide 3833 prosecutor shall take action within 60 days to correct the 3834 record and petition the court to void the order. No cause of 3835 action, including contempt of court, shall arise against any 3836 criminal justice agency for failure to comply with an order to 3837 expunge when the petitioner for such order failed to obtain the 3838 certificate of eligibility as required by this section or such 3839 order does not otherwise comply with the requirements of this 3840 section. 3841 (6) EFFECT OF EXPUNCTION ORDER.— 3842 (a) Any criminal history record of a minor or an adult 3843 which is ordered expunged by a court of competent jurisdiction 3844 pursuant to this section must be physically destroyed or 3845 obliterated by any criminal justice agency having custody of 3846 such record, except that any criminal history record in the 3847 custody of the department must be retained in all cases. A 3848 criminal history record ordered expunged which is retained by 3849 the department is confidential and exempt from s. 119.07(1) and 3850 s. 24(a), Art. I of the State Constitution and not available to 3851 any person or entity except upon order of a court of competent 3852 jurisdiction. A criminal justice agency may retain a notation 3853 indicating compliance with an order to expunge. 3854 (b) The person who is the subject of a criminal history 3855 record that is expunged under this section or under other 3856 provisions of law, including former s. 893.14, former s. 901.33, 3857 and former s. 943.058, may lawfully deny or fail to acknowledge 3858 the arrests covered by the expunged record, except when the 3859 subject of the record: 3860 1. Is a candidate for employment with a criminal justice 3861 agency; 3862 2. Is a defendant in a criminal prosecution; 3863 3. Concurrently or subsequently petitions for relief under 3864 this section, s. 943.0583, or s. 943.059; 3865 4. Is a candidate for admission to The Florida Bar; 3866 5. Is seeking to be employed or licensed by or to contract 3867 with the Department of Children and Families, the Division of 3868 Vocational Rehabilitation within the Department of Education, 3869 the Agency for Health Care Administration, the Agency for 3870 Persons with Disabilities, the Department of Health, the 3871 Department of Elderly Affairs, or the Department of Juvenile 3872 Justice or to be employed or used by such contractor or licensee 3873 in a sensitive position having direct contact with children, the 3874 disabled, or the elderly; 3875 6. Is seeking to be employed or licensed by the Department 3876 of Education, any district school board, any university 3877 laboratory school, any charter school, any private or parochial 3878 school, or any local governmental entity that licenses child 3879 care facilities; 3880 7. Is seeking to be licensed by the Division of Insurance 3881 Agent and Agency Services within the Department of Financial 3882 Services; or 3883 8. Is seeking to be appointed as a guardian pursuant to s. 3884 744.3125. 3885 (c) Subject to the exceptions in paragraph (b), a person 3886 who has been granted an expunction under this section, former s. 3887 893.14, former s. 901.33, or former s. 943.058 may not be held 3888 under any provision of law of this state to commit perjury or to 3889 be otherwise liable for giving a false statement by reason of 3890 such person’s failure to recite or acknowledge an expunged 3891 criminal history record. 3892 (d) Information relating to the existence of an expunged 3893 criminal history record which is provided in accordance with 3894 paragraph (a) is confidential and exempt from s. 119.07(1) and 3895 s. 24(a), Art. I of the State Constitution, except that the 3896 department shall disclose the existence of a criminal history 3897 record ordered expunged to the entities set forth in 3898 subparagraphs (b)1., 4., 5., 6., 7., and 8. for their respective 3899 licensing, access authorization, and employment purposes and to 3900 criminal justice agencies for their respective criminal justice 3901 purposes. It is unlawful for any employee of an entity set forth 3902 in subparagraph (b)1., 4., 5., 6., 7., or 8. to disclose 3903 information relating to the existence of an expunged criminal 3904 history record of a person seeking employment, access 3905 authorization, or licensure with such entity or contractor, 3906 except to the person to whom the criminal history record relates 3907 or to persons having direct responsibility for employment, 3908 access authorization, or licensure decisions. A person who 3909 violates this paragraph commits a misdemeanor of the first 3910 degree, punishable as provided in s. 775.082 or s. 775.083. 3911 Section 56. Section 943.059, Florida Statutes, is amended 3912 to read: 3913 (Substantial rewording of section. See 3914 s. 943.059, F.S., for present text.) 3915 943.059 Court-ordered sealing of criminal history records.— 3916 (1) ELIGIBILITY.—A person is eligible to petition a court 3917 to seal a criminal history record when: 3918 (a) The criminal history record is not ineligible for 3919 court-ordered sealing under s. 943.0584. 3920 (b) The person has never, before the date the application 3921 for a certificate of eligibility is filed, been adjudicated 3922 guilty in this state of a criminal offense, or been adjudicated 3923 delinquent in this state for committing any felony or any of the 3924 following misdemeanor offenses, unless the record of such 3925 adjudication of delinquency has been expunged pursuant to s. 3926 943.0515: 3927 1. Assault, as defined in s. 784.011; 3928 2. Battery, as defined in s. 784.03; 3929 3. Assault on a law enforcement officer, a firefighter, or 3930 other specified officers, as defined in s. 784.07(2)(a); 3931 4. Carrying a concealed weapon, as defined in s. 790.01(1); 3932 5. Open carrying of a weapon, as defined in s. 790.053; 3933 6. Unlawful possession or discharge of a weapon or firearm 3934 at a school-sponsored event or on school property, as defined in 3935 s. 790.115; 3936 7. Unlawful use of destructive devices or bombs, as defined 3937 in s. 790.1615(1); 3938 8. Unlawful possession of a firearm by a minor, as defined 3939 in s. 790.22(5); 3940 9. Exposure of sexual organs, as defined in s. 800.03; 3941 10. Arson, as defined in s. 806.031(1); 3942 11. Petit theft, as defined in s. 812.014(3); 3943 12. Neglect of a child, as defined in s. 827.03(1)(e); or 3944 13. Cruelty to animals, as defined in s. 828.12(10). 3945 (c) The person has not been adjudicated guilty of, or 3946 adjudicated delinquent for committing, any of the acts stemming 3947 from the arrest or alleged criminal activity to which the 3948 petition to seal pertains. 3949 (d) The person is no longer under court supervision 3950 applicable to the disposition of arrest or alleged criminal 3951 activity to which the petition to seal pertains. 3952 (e) The person has never secured a prior sealing or 3953 expunction of a criminal history record under this section, s. 3954 943.0585, former s. 893.14, former s. 901.33, or former s. 3955 943.058. 3956 (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning the 3957 court to seal a criminal history record, a person seeking to 3958 seal a criminal history record must apply to the department for 3959 a certificate of eligibility for sealing. The department shall 3960 adopt rules relating to the application for and issuance of 3961 certificates of eligibility for sealing. 3962 (a) The department shall issue a certificate of eligibility 3963 for sealing to a person who is the subject of a criminal history 3964 record if that person: 3965 1. Satisfies the eligibility criteria in paragraphs (1)(a) 3966 (e) and is not ineligible for court-ordered sealing under s. 3967 943.0584. 3968 2. Has submitted to the department a certified copy of the 3969 disposition of charge to which the petition pertains. 3970 3. Remits a $75 processing fee to the department for 3971 placement in the Department of Law Enforcement Operating Trust 3972 Fund, unless the executive director waives such fee. 3973 (b) A certificate of eligibility for sealing is valid for 3974 12 months after the date stamped on the certificate when issued 3975 by the department. After that time, the petitioner must reapply 3976 to the department for a new certificate of eligibility. The 3977 status of the applicant and the law in effect at the time of the 3978 renewal application determine the petitioner’s eligibility. 3979 (3) PETITION.—Each petition to a court to seal a criminal 3980 history record is complete only when accompanied by: 3981 (a) A valid certificate of eligibility issued by the 3982 department pursuant to this section. 3983 (b) The petitioner’s sworn statement that the petitioner: 3984 1. Satisfies the eligibility requirements for sealing in 3985 subsection (1). 3986 2. Is eligible for sealing to the best of his or her 3987 knowledge and does not have any other petition to seal or 3988 expunge a criminal history record pending before any court. 3989 3990 Any person who knowingly provides false information on such 3991 sworn statement to the court commits a felony of the third 3992 degree, punishable as provided in s. 775.082, s. 775.083, or s. 3993 775.084. 3994 (4) COURT AUTHORITY.— 3995 (a) The courts of this state have jurisdiction over their 3996 own procedures, including the maintenance, sealing, and 3997 correction of judicial records containing criminal history 3998 information to the extent that such procedures are not 3999 inconsistent with the conditions, responsibilities, and duties 4000 established by this section. 4001 (b) Any court of competent jurisdiction may order a 4002 criminal justice agency to seal the criminal history record of a 4003 minor or an adult who complies with the requirements of this 4004 section. The court may not order a criminal justice agency to 4005 seal a criminal history record until the person seeking to seal 4006 a criminal history record has applied for and received a 4007 certificate of eligibility pursuant to subsection (2). 4008 (c) The court may order the sealing of a criminal history 4009 record pertaining to one arrest or one incident of alleged 4010 criminal activity only, except the court may order the sealing 4011 of a criminal history record pertaining to more than one arrest 4012 if the additional arrests directly relate to the original 4013 arrest. If the court intends to order the sealing of records 4014 pertaining to such additional arrests, such intent must be 4015 specified in the order. A criminal justice agency may not seal 4016 any record pertaining to such additional arrests if the order to 4017 seal does not articulate the intention of the court to seal a 4018 record pertaining to more than one arrest. This section does not 4019 prevent the court from ordering the sealing of only a portion of 4020 a criminal history record pertaining to one arrest or one 4021 incident of alleged criminal activity. 4022 (d) Notwithstanding any law to the contrary, a criminal 4023 justice agency may comply with laws, court orders, and official 4024 requests of other jurisdictions relating to sealing, correction, 4025 or confidential handling of criminal history records or 4026 information derived therefrom. 4027 (e) This section does not confer any right to the sealing 4028 of any criminal history record, and any request for sealing of a 4029 criminal history record may be denied at the sole discretion of 4030 the court. 4031 (5) PROCESSING OF A PETITION OR ORDER.— 4032 (a) In judicial proceedings under this section, a copy of 4033 the completed petition to seal shall be served upon the 4034 appropriate state attorney or the statewide prosecutor and upon 4035 the arresting agency; however, it is not necessary to make any 4036 agency other than the state a party. The appropriate state 4037 attorney or the statewide prosecutor and the arresting agency 4038 may respond to the court regarding the completed petition to 4039 seal. 4040 (b) If relief is granted by the court, the clerk of the 4041 court shall certify copies of the order to the appropriate state 4042 attorney or the statewide prosecutor and the arresting agency. 4043 The arresting agency is responsible for forwarding the order to 4044 any other agency to which the arresting agency disseminated the 4045 criminal history record information to which the order pertains. 4046 The department shall forward the order to seal to the Federal 4047 Bureau of Investigation. The clerk of the court shall certify a 4048 copy of the order to any other agency that the records of the 4049 court reflect has received the criminal history record from the 4050 court. 4051 (c) The department or any other criminal justice agency is 4052 not required to act on an order to seal entered by a court when 4053 such order does not comply with the requirements of this 4054 section. Upon receipt of such an order, the department must 4055 notify the issuing court, the appropriate state attorney or 4056 statewide prosecutor, the petitioner or the petitioner’s 4057 attorney, and the arresting agency of the reason for 4058 noncompliance. The appropriate state attorney or statewide 4059 prosecutor shall take action within 60 days to correct the 4060 record and petition the court to void the order. No cause of 4061 action, including contempt of court, shall arise against any 4062 criminal justice agency for failure to comply with an order to 4063 seal when the petitioner for such order failed to obtain the 4064 certificate of eligibility as required by this section or such 4065 order does not otherwise comply with the requirements of this 4066 section. 4067 (6) EFFECT OF ORDER.— 4068 (a) A criminal history record of a minor or an adult which 4069 is ordered sealed by a court pursuant to this section is 4070 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 4071 of the State Constitution and is available only to the following 4072 persons: 4073 1. The subject of the record; 4074 2. The subject’s attorney; 4075 3. Criminal justice agencies for their respective criminal 4076 justice purposes, which include conducting a criminal history 4077 background check for approval of firearms purchases or transfers 4078 as authorized by state or federal law; 4079 4. Judges in the state courts system for the purpose of 4080 assisting them in their case-related decisionmaking 4081 responsibilities, as set forth in s. 943.053(5); or 4082 5. To those entities set forth in subparagraphs (b)1., 4., 4083 5., 6., 8., 9., and 10. for their respective licensing access 4084 authorization and employment purposes. 4085 (b) The subject of the criminal history record sealed under 4086 this section or under other provisions of law, including former 4087 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully 4088 deny or fail to acknowledge the arrests covered by the sealed 4089 record, except when the subject of the record: 4090 1. Is a candidate for employment with a criminal justice 4091 agency; 4092 2. Is a defendant in a criminal prosecution; 4093 3. Concurrently or subsequently petitions for relief under 4094 this section, s. 943.0583, or s. 943.0585; 4095 4. Is a candidate for admission to The Florida Bar; 4096 5. Is seeking to be employed or licensed by or to contract 4097 with the Department of Children and Families, the Division of 4098 Vocational Rehabilitation within the Department of Education, 4099 the Agency for Health Care Administration, the Agency for 4100 Persons with Disabilities, the Department of Health, the 4101 Department of Elderly Affairs, or the Department of Juvenile 4102 Justice or to be employed or used by such contractor or licensee 4103 in a sensitive position having direct contact with children, the 4104 disabled, or the elderly; 4105 6. Is seeking to be employed or licensed by the Department 4106 of Education, a district school board, a university laboratory 4107 school, a charter school, a private or parochial school, or a 4108 local governmental entity that licenses child care facilities; 4109 7. Is attempting to purchase a firearm from a licensed 4110 importer, licensed manufacturer, or licensed dealer and is 4111 subject to a criminal history check under state or federal law; 4112 8. Is seeking to be licensed by the Division of Insurance 4113 Agent and Agency Services within the Department of Financial 4114 Services; 4115 9. Is seeking to be appointed as a guardian pursuant to s. 4116 744.3125; or 4117 10. Is seeking to be licensed by the Bureau of License 4118 Issuance of the Division of Licensing within the Department of 4119 Agriculture and Consumer Services to carry a concealed weapon or 4120 concealed firearm. This subparagraph applies only in the 4121 determination of an applicant’s eligibility under s. 790.06. 4122 (c) Subject to the exceptions in paragraph (b), a person 4123 who has been granted a sealing under this section, former s. 4124 893.14, former s. 901.33, or former s. 943.058 may not be held 4125 under any provision of law of this state to commit perjury or to 4126 be otherwise liable for giving a false statement by reason of 4127 such person’s failure to recite or acknowledge a sealed criminal 4128 history record. 4129 (d) Information relating to the existence of a sealed 4130 criminal history record provided in accordance with paragraph 4131 (b) is confidential and exempt from s. 119.07(1) and s. 24(a), 4132 Art. I of the State Constitution, except that the department 4133 shall disclose the sealed criminal history record to the 4134 entities set forth in subparagraphs (b)1., 4., 5., 6., 8., 9., 4135 and 10. for their respective licensing, access authorization, 4136 and employment purposes. An employee of an entity set forth in 4137 subparagraph (b)1., (b)4., (b)5., (b)6., (b)8., (b)9., or (b)10. 4138 may not disclose information relating to the existence of a 4139 sealed criminal history record of a person seeking employment, 4140 access authorization, or licensure with such entity or 4141 contractor, except to the person to whom the criminal history 4142 record relates or to persons having direct responsibility for 4143 employment, access authorization, or licensure decisions. A 4144 person who violates this paragraph commits a misdemeanor of the 4145 first degree, punishable as provided in s. 775.082 or s. 4146 775.083. 4147 Section 57. Section 943.0595, Florida Statutes, is created 4148 to read: 4149 943.0595 Automatic sealing of criminal history records.— 4150 (1) RULEMAKING.—Notwithstanding any law dealing generally 4151 with the preservation and destruction of public records, the 4152 department shall adopt rules addressing the automatic sealing of 4153 any criminal history record of a minor or adult described in 4154 this section. 4155 (2) ELIGIBILITY.— 4156 (a) The department shall automatically seal a criminal 4157 history record when: 4158 1. An indictment, information, or other charging document 4159 was not filed or issued in the case giving rise to the criminal 4160 history record. 4161 2. An indictment, information, or other charging document 4162 was filed in the case giving rise to the criminal history 4163 record, but was dismissed or nolle prosequi by the state 4164 attorney or statewide prosecutor or was dismissed by a court of 4165 competent jurisdiction. However, a person is not eligible for 4166 automatic sealing under this section if the dismissal was 4167 pursuant to s. 916.145 or s. 985.19. 4168 3. A not guilty verdict was rendered by a judge or jury. 4169 However, a person is not eligible for automatic sealing under 4170 this section if the defendant was found not guilty by reason of 4171 insanity. 4172 4. A judgment of acquittal was rendered by a judge. 4173 (b) There is no limitation on the number of times a person 4174 may obtain an automatic sealing for a criminal history record 4175 described in paragraph (a). 4176 (3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.— 4177 (a) Upon the disposition of a criminal case resulting in a 4178 criminal history record eligible for automatic sealing under 4179 paragraph (2)(a), the clerk of the court shall transmit a 4180 certified copy of the disposition of the criminal history record 4181 to the department, which shall seal the criminal history record 4182 upon receipt of the certified copy. 4183 (b) Automatic sealing of a criminal history record does not 4184 require sealing by the court or other criminal justice agencies, 4185 or that such record be surrendered to the court, and such record 4186 shall continue to be maintained by the department and other 4187 criminal justice agencies. 4188 (c) Except as provided in this section, automatic sealing 4189 of a criminal history record shall have the same effect, and the 4190 department may disclose such a record in the same manner, as a 4191 record sealed under s. 943.059. 4192 Section 58. Paragraph (b) of subsection (1) of section 4193 943.325, Florida Statutes, is amended to read: 4194 943.325 DNA database.— 4195 (1) LEGISLATIVE INTENT.— 4196 (b) The Legislature also finds that, upon establishment of 4197 the Florida DNA database, a match between casework evidence DNA 4198 samples from a criminal investigation and DNA samples from a 4199 state or federal DNA database of certain offenders may be used 4200 to find probable cause for the issuance of a warrant for arrest 4201 or to obtain the DNA sample from an offender. 4202 Section 59. Effective upon this act becoming a law, 4203 subsections (9) and (10) are added to section 943.6871, Florida 4204 Statutes, to read: 4205 943.6871 Criminal justice data transparency.—In order to 4206 facilitate the availability of comparable and uniform criminal 4207 justice data, the department shall: 4208 (9) Keep all information received by the department under 4209 s. 900.05 which is confidential and exempt when collected by the 4210 reporting agency confidential and exempt for purposes of this 4211 section and s. 900.05. 4212 (10) Commission a racial impact statement for each criminal 4213 justice bill that is heard before a committee of the Senate or 4214 the House of Representatives during a session of the 4215 Legislature. The impact statement must estimate the anticipated 4216 effects the proposed criminal justice legislation may have on 4217 racial inequality among the residents of this state and must 4218 indicate whether the proposed legislation would increase, 4219 decrease, or have no impact on racial inequality or whether the 4220 impact is indeterminable. To the extent feasible, the impact 4221 statement should include quantifiable data. The impact statement 4222 must specify the methodologies and assumptions used in its 4223 preparation. 4224 Section 60. Paragraphs (b) and (f) of subsection (4) of 4225 section 944.275, Florida Statutes, are amended to read: 4226 944.275 Gain-time.— 4227 (4) 4228 (b) For each month in which an inmate works diligently, 4229 participates in training, uses time constructively, or otherwise 4230 engages in positive activities, the department may grant 4231 incentive gain-time in accordance with this paragraph. The rate 4232 of incentive gain-time in effect on the date the inmate 4233 committed the offense thatwhichresulted in his or her 4234 incarceration shall be the inmate’s rate of eligibility to earn 4235 incentive gain-time throughout the period of incarceration and 4236 mayshallnot be altered by a subsequent change in the severity 4237 level of the offense for which the inmate was sentenced. 4238 1. For sentences imposed for offenses committed before 4239prior toJanuary 1, 1994, up to 20 days of incentive gain-time 4240 may be granted. If granted, such gain-time shall be credited and 4241 applied monthly. 4242 2. For sentences imposed for offenses committed on or after 4243 January 1, 1994, and before October 1, 1995: 4244 a. For offenses ranked in offense severity levels 1 through 4245 7, under former s. 921.0012 or former s. 921.0013, up to 25 days 4246 of incentive gain-time may be granted. If granted, such gain 4247 time shall be credited and applied monthly. 4248 b. For offenses ranked in offense severity levels 8, 9, and 4249 10, under former s. 921.0012 or former s. 921.0013, up to 20 4250 days of incentive gain-time may be granted. If granted, such 4251 gain-time shall be credited and applied monthly. 4252 3. For sentences imposed for offenses committed on or after 4253 October 1, 1995, and retroactive to October 1, 1995, the 4254 department may grant up to 2010days per month of incentive 4255 gain-time except that: 4256 a. If the offense is a nonviolent felony, as defined in s. 4257 948.08(6), the prisoner is not eligible to earn any type of 4258 gain-time in an amount that would cause a sentence to expire, 4259 end, or terminate, or that would result in a prisoner’s release, 4260 before he or she serves a minimum of 65 percent of the sentence 4261 imposed. For purposes of this sub-subparagraph, credits awarded 4262 by the court for time physically incarcerated must be credited 4263 toward satisfaction of 65 percent of the sentence imposed. A 4264 prisoner who is granted incentive gain-time pursuant to this 4265 sub-subparagraph may not accumulate further gain-time awards at 4266 any point when the tentative release date is the same as that 4267 date at which the prisoner will have served 65 percent of the 4268 sentence imposed. State prisoners sentenced to life imprisonment 4269 must be incarcerated for the rest of their natural lives, unless 4270 granted pardon or clemency. 4271 b. If the offense is not a nonviolent felony, as defined in 4272 s. 948.08(6), the prisoner is not eligible to earn any type of 4273 gain-time in an amount that would cause a sentence to expire, 4274 end, or terminate, or that would result in a prisoner’s release, 4275 before he or she serves a minimum of 85 percent of the sentence 4276 imposed. For purposes of this sub-subparagraph, credits awarded 4277 by the court for time physically incarcerated must be credited 4278 toward satisfaction of 85 percent of the sentence imposed. A 4279 prisoner who is granted incentive gain-time pursuant to this 4280 sub-subparagraph may not accumulate further gain-time awards at 4281 any point when the tentative release date is the same as that 4282 date at which the prisoner will have served 85 percent of the 4283 sentence imposed. State prisoners sentenced to life imprisonment 4284 must be incarcerated for the rest of their natural lives, unless 4285 granted pardon or clemency. 4286(f)An inmate who is subject to subparagraph (b)3. is not4287eligible to earn or receive gain-time under paragraph (a),4288paragraph (b), paragraph (c), or paragraph (d) or any other type4289of gain-time in an amount that would cause a sentence to expire,4290end, or terminate, or that would result in a prisoner’s release,4291prior to serving a minimum of 85 percent of the sentence4292imposed. For purposes of this paragraph, credits awarded by the4293court for time physically incarcerated shall be credited toward4294satisfaction of 85 percent of the sentence imposed. Except as4295provided by this section, a prisoner may not accumulate further4296gain-time awards at any point when the tentative release date is4297the same as that date at which the prisoner will have served 854298percent of the sentence imposed. State prisoners sentenced to4299life imprisonment shall be incarcerated for the rest of their4300natural lives, unless granted pardon or clemency.4301 Section 61. Subsection (2) of section 944.47, Florida 4302 Statutes, is amended to read: 4303 944.47 Introduction, removal, or possession of contraband 4304certain articles unlawful; penalty.— 4305 (2)(a) A person who violatesany provision ofthis section 4306 as it pertains to an article of contraband described in 4307 subparagraph (1)(a)1., subparagraph (1)(a)2., or subparagraph 4308 (1)(a)6. commits a felony of the third degree, punishable as 4309 provided in s. 775.082, s. 775.083, or s. 775.084. OtherwiseIn4310all other cases, a violation ofa provision ofthis section is 4311constitutesa felony of the second degree, punishable as 4312 provided in s. 775.082, s. 775.083, or s. 775.084. 4313 (b) A violation of this section by an employee, as defined 4314 in s. 944.115(2)(b), who uses or attempts to use the powers, 4315 rights, privileges, duties, or position of his or her employment 4316 in the commission of the violation is ranked one level above the 4317 ranking specified in s. 921.0022 or s. 921.0023 for the offense 4318 committed. 4319 Section 62. Section 944.704, Florida Statutes, is amended 4320 to read: 4321 944.704 Staff who provide transition assistance; duties.— 4322 (1) The department shall provide a transition assistance 4323 specialist at each of the major institutions. 4324 (2) The department may increase the number of transition 4325 assistance specialists in proportion to the number of inmates 4326 served at each of the major institutions and may increase the 4327 number of employment specialists per judicial circuit based on 4328 the number of released inmates served under community 4329 supervision in that circuit, subject to appropriations. 4330 (3) The transition assistance specialists’whoseduties 4331 include, but are not limited to: 4332 (a)(1)Coordinating delivery of transition assistance 4333 program services at the institution and at the community 4334 correctional centers authorized pursuant to s. 945.091(1)(b). 4335 (b)(2)Assisting in the development of each inmate’s 4336 postrelease plan. 4337 (c)(3)Obtaining job placement information. Such 4338 information must include identifying any job assignment 4339 credentialing or industry certifications for which the inmate is 4340 eligible. 4341 (d)(4)Providing a written medical discharge plan and 4342 referral to a county health department. 4343 (e)(5)For an inmate who is known to be HIV positive, 4344 providing a 30-day supply of all HIV/AIDS-related medication 4345 that the inmate is taking beforeprior torelease, if required 4346 under protocols of the Department of Corrections and treatment 4347 guidelines of the United States Department of Health and Human 4348 Services. 4349 (f)(6)Facilitating placement in a private transition 4350 housing program, if requested by any eligible inmate. If an 4351 inmate who is nearing his or her date of release requests 4352 placement in a contracted substance abuse transition housing 4353 program, the transition assistance specialist shall inform the 4354 inmate of program availability and assess the inmate’s need and 4355 suitability for transition housing assistance. If an inmate is 4356 approved for placement, the specialist shall assist the inmate 4357 and coordinate the release of the inmate with the selected 4358 program. If an inmate requests and is approved for placement in 4359 a contracted faith-based substance abuse transition housing 4360 program, the specialist must consult with the chaplain before 4361prior tosuch placement. In selecting inmates who are nearing 4362 their date of release for placement in a faith-based program, 4363 the department shall ensure that an inmate’s faith orientation, 4364 or lack thereof, will not be considered in determining admission 4365 to the program and that the program does not attempt to convert 4366 an inmate toward a particular faith or religious preference. 4367 (g)(7)Providing a photo identification card to all inmates 4368 beforeprior totheir release. 4369 (4) AThetransition assistance specialist may not be a 4370 correctional officer or correctional probation officer as 4371 defined in s. 943.10. 4372 Section 63. Present subsections (3) through (6) of section 4373 944.705, Florida Statutes, are redesignated as subsections (4) 4374 through (7), respectively, and a new subsection (3) and 4375 subsections (8) through (12) are added to that section, to read: 4376 944.705 Release orientation program.— 4377 (3)(a) The department shall establish a toll-free hotline 4378 for the benefit of released inmates. The hotline shall provide 4379 information to released inmates seeking to obtain post-release 4380 referrals for community-based reentry services. 4381 (b) Before an inmate’s release, the department shall 4382 provide the inmate with a comprehensive community reentry 4383 resource directory organized by county and which must include 4384 the name, address, and a description of the services offered by 4385 each reentry service provider. The directory must also include 4386 the name, address, and telephone number of existing portals of 4387 entry and the toll-free hotline number required by paragraph 4388 (a). 4389 (c) The department shall expand the use of the Spectrum 4390 system to provide inmates and offenders with community-specific 4391 reentry service provider referrals. 4392 (8) A nonprofit faith-based or professional business, or a 4393 civic or community organization, may apply for registration with 4394 the department to provide inmate reentry services. Reentry 4395 services include, but are not limited to, counseling; providing 4396 information on housing and job placement; money management 4397 assistance; and programs that address substance abuse, mental 4398 health, or co-occurring conditions. 4399 (9) The department shall adopt policies and procedures for 4400 screening, approving, and registering an organization that 4401 applies under subsection (8). The department may deny approval 4402 and registration of an organization or a representative from an 4403 organization if it determines that the organization or 4404 representative does not meet the department’s policies and 4405 procedures. 4406 (10) The department may contract with a public or private 4407 educational institution’s veteran advocacy clinic or veteran 4408 legal clinic to assist qualified veteran inmates in applying for 4409 veterans’ benefits upon release. 4410 (11) The department may contract with public or private 4411 organizations to establish transitional employment programs that 4412 provide employment opportunities for released inmates. 4413 (12) The department shall adopt rules to implement this 4414 section. 4415 Section 64. Present subsections (4), (5), and (6) of 4416 section 944.801, Florida Statutes, are redesignated as 4417 subsections (6), (7), and (8), respectively, and new subsections 4418 (4) and (5) are added to that section, to read: 4419 944.801 Education for state prisoners.— 4420 (4) The department may expand the use of job assignment 4421 credentialing and industry certifications. 4422 (5) The Correctional Education Program may establish a 4423 prison entrepreneurship program and adopt procedures for 4424 admitting student inmates. If the department elects to develop 4425 the program, it must include at least 180 days of in-prison 4426 education. The program curriculum must include a component on 4427 developing a business plan, procedures for graduation and 4428 certification of successful student inmates, and at least 90 4429 days of transitional and postrelease continuing educational 4430 services. Transitional and postrelease continuing educational 4431 services may be offered to graduate student inmates on a 4432 voluntary basis and are not a requirement for completion of the 4433 program. The department shall enter into agreements with public 4434 or private colleges or universities or other nonprofit entities 4435 to implement the program. The program must be funded with 4436 existing resources. 4437 Section 65. Subsection (1) of section 948.001, Florida 4438 Statutes, is amended to read: 4439 948.001 Definitions.—As used in this chapter, the term: 4440 (1) “Administrative probation” means a form of no contact, 4441 nonreporting supervision that may be imposed by order of the 4442 court or transfer by the Department of Corrections as provided 4443 in s. 948.013in which an offender who presents a low risk of4444harm to the community may, upon satisfactory completion of half4445the term of probation, be transferred by the Department of4446Corrections to this type of reduced level of supervision, as4447provided in s. 948.013. 4448 Section 66. Subsection (1) of section 948.013, Florida 4449 Statutes, is amended to read: 4450 948.013 Administrative probation.— 4451 (1) The Department of Corrections may transfer an offender 4452 to administrative probation if he or she presents a low risk of 4453 harm to the community and has satisfactorily completed at least 4454 half of his or her probation term. The departmentof Corrections4455 may establish procedures for transferring an offender to 4456 administrative probation. The department may collect an initial 4457 processing fee of up to $50 for each probationer transferred to 4458 administrative probation. The offender is exempt from further 4459 payment for the cost of supervision as required in s. 948.09. 4460 Section 67. Subsection (3) is added to section 948.03, 4461 Florida Statutes, to read: 4462 948.03 Terms and conditions of probation.— 4463 (3) The Department of Corrections shall include in the 4464 Florida Crime Information Center system all conditions of 4465 probation as determined by the court for each probationer. 4466 Section 68. Subsections (4), (5), and (6) are added to 4467 section 948.04, Florida Statutes, to read: 4468 948.04 Period of probation; duty of probationer; early 4469 termination; conversion of term.— 4470 (4) Except as provided in subsection (5), for defendants 4471 sentenced to probation on or after October 1, 2019, the court, 4472 upon motion by the probationer or the probation officer, shall 4473 either early terminate the probationer’s supervision or convert 4474 the supervisory term to administrative probation if all of the 4475 following requirements are met: 4476 (a) The probationer has completed at least half of the term 4477 of probation to which he or she was sentenced. 4478 (b) The probationer has successfully completed all other 4479 conditions of probation. 4480 (c) The court has not found the probationer in violation of 4481 probation pursuant to a filed affidavit of violation of 4482 probation at any point during the current supervisory term. 4483 (d) The parties did not specifically exclude the 4484 possibility of early termination or conversion to administrative 4485 probation as part of a negotiated sentence. 4486 (e) The probationer does not qualify as a violent felony 4487 offender of special concern under s. 948.06(8)(b). 4488 (5) Upon making written findings that continued reporting 4489 probation is necessary to protect the community or the interests 4490 of justice, the court may decline to early terminate the 4491 probationary term or convert the term to administrative 4492 probation for a probationer who is otherwise eligible under 4493 subsection (4). 4494 (6) Subsections (4) and (5) do not apply to an offender on 4495 community control. If an offender on community control is 4496 subsequently placed on probation, he or she must complete half 4497 of the probationary term to which he or she was sentenced, 4498 without receiving credit for time served on community control, 4499 before being eligible for mandatory early termination or 4500 conversion to administrative probation under this section. 4501 Section 69. Section 948.05, Florida Statutes, is amended to 4502 read: 4503 948.05 Court to admonish or commend probationer or offender 4504 in community control; graduated incentives.— 4505 (1) A court may at any time cause a probationer or offender 4506 in community control to appear before it to be admonished or 4507 commended, and, when satisfied that its action will be for the 4508 best interests of justice and the welfare of society, it may 4509 discharge the probationer or offender in community control from 4510 further supervision. 4511 (2) The department shall implement a system of graduated 4512 incentives to promote compliance with the terms of supervision 4513 and prioritize the highest levels of supervision for offenders 4514 presenting the greatest risk of recidivism. 4515 (a) As part of the graduated incentives system, the 4516 department may, without leave of court, offer the following 4517 incentives to a compliant probationer or offender in community 4518 control: 4519 1. Up to 25 percent reduction of required community service 4520 hours; 4521 2. Waiver of supervision fees; 4522 3. Reduction in frequency of reporting; 4523 4. Permission to report by mail or telephone; or 4524 5. Transfer of an eligible offender to administrative 4525 probation as authorized under s. 948.013. 4526 (b) The department may also incentivize positive behavior 4527 and compliance with recommendations to the court to modify the 4528 terms of supervision, including recommending: 4529 1. Permission to travel; 4530 2. Reduction of supervision type; 4531 3. Modification or cessation of curfew; 4532 4. Reduction or cessation of substance abuse testing; or 4533 5. Early termination of supervision. 4534 (c) An offender who commits a subsequent violation of 4535 probation may forfeit any previously earned probation incentive, 4536 as determined appropriate by his or her probation officer. 4537 Section 70. Present paragraphs (c) through (g) of 4538 subsection (1) of section 948.06, Florida Statutes, are 4539 redesignated as paragraphs (d) through (h), respectively, a new 4540 paragraph (c) is added to that subsection, and present paragraph 4541 (h) of that subsection is amended, present paragraphs (f) 4542 through (j) of subsection (2) are redesignated as paragraphs (g) 4543 through (k), respectively, and a new paragraph (f) is added to 4544 that subsection, and subsection (9) is added to that section, to 4545 read: 4546 948.06 Violation of probation or community control; 4547 revocation; modification; continuance; failure to pay 4548 restitution or cost of supervision.— 4549 (1) 4550 (c) If a probationer or offender on community control 4551 commits a technical violation, the probation officer shall 4552 determine whether the probationer or offender on community 4553 control is eligible for the alternative sanctioning program 4554 under subsection (9). If the probation officer determines that 4555 the probationer or offender on community control is eligible, 4556 the probation officer may proceed with the alternative 4557 sanctioning program in lieu of filing an affidavit of violation 4558 with the court. For purposes of this section, the term 4559 “technical violation” means an alleged violation of supervision 4560 that is not a new felony offense, misdemeanor offense, or 4561 criminal traffic offense. 4562(h)1.The chief judge of each judicial circuit, in4563consultation with the state attorney, the public defender, and4564the department, may establish an alternative sanctioning program4565in which the department, after receiving court approval, may4566enforce specified sanctions for certain technical violations of4567supervision. For purposes of this paragraph, the term “technical4568violation” means any alleged violation of supervision that is4569not a new felony offense, misdemeanor offense, or criminal4570traffic offense.45712.To establish an alternative sanctioning program, the4572chief judge must issue an administrative order specifying:4573a.Eligibility criteria.4574b.The technical violations that are eligible for the4575program.4576c.The sanctions that may be recommended by a probation4577officer for each technical violation.4578d.The process for reporting technical violations through4579the alternative sanctioning program, including approved forms.45803.If an offender is alleged to have committed a technical4581violation of supervision that is eligible for the program, the4582offender may:4583a.Waive participation in the alternative sanctioning4584program, in which case the probation officer may submit a4585violation report, affidavit, and warrant to the court in4586accordance with this section; or4587b.Elect to participate in the alternative sanctioning4588program after receiving written notice of an alleged technical4589violation and a disclosure of the evidence against the offender,4590admit to the technical violation, agree to comply with the4591probation officer’s recommended sanction if subsequently ordered4592by the court, and agree to waive the right to:4593(I)Be represented by legal counsel.4594(II)Require the state to prove his or her guilt before a4595neutral and detached hearing body.4596(III)Subpoena witnesses and present to a judge evidence in4597his or her defense.4598(IV)Confront and cross-examine adverse witnesses.4599(V)Receive a written statement from a factfinder as to the4600evidence relied on and the reasons for the sanction imposed.46014.If the offender admits to committing the technical4602violation and agrees with the probation officer’s recommended4603sanction, the probation officer must, before imposing the4604sanction, submit the recommended sanction to the court as well4605as documentation reflecting the offender’s admission to the4606technical violation and agreement with the recommended sanction.46075.The court may impose the recommended sanction or may4608direct the department to submit a violation report, affidavit,4609and warrant to the court in accordance with this section.46106.An offender’s participation in an alternative4611sanctioning program is voluntary. The offender may elect to4612waive or discontinue participation in an alternative sanctioning4613program at any time before the issuance of a court order4614imposing the recommended sanction.46157.If an offender waives or discontinues participation in4616an alternative sanctioning program, the probation officer may4617submit a violation report, affidavit, and warrant to the court4618in accordance with this section. The offender’s prior admission4619to the technical violation may not be used as evidence in4620subsequent proceedings.4621 (2) 4622 (f)1. Except as provided in subparagraph 3. or upon waiver 4623 by the probationer, the court shall modify or continue a 4624 probationary term upon finding a probationer in violation when 4625 any of the following applies: 4626 a. The term of supervision is probation. 4627 b. The probationer does not qualify as a violent felony 4628 offender of special concern, as defined in paragraph (8)(b). 4629 c. The violation is a low-risk technical violation, as 4630 defined in paragraph (9)(b). 4631 d. The court has not previously found the probationer in 4632 violation of his or her probation pursuant to a filed violation 4633 of probation affidavit during the current term of supervision. A 4634 probationer who has successfully completed sanctions through the 4635 alternative sanctioning program is eligible for mandatory 4636 modification or continuation of his or her probation. 4637 2. Upon modifying probation under subparagraph 1., the 4638 court may include in the sentence a maximum of 90 days in county 4639 jail as a special condition of probation. 4640 3. Notwithstanding s. 921.0024, if a probationer has less 4641 than 90 days of supervision remaining on his or her term of 4642 probation and meets the criteria for mandatory modification or 4643 continuation in subparagraph 1., the court may revoke probation 4644 and sentence the probationer to a maximum of 90 days in county 4645 jail. 4646 4. For purposes of imposing a jail sentence under this 4647 paragraph only, the court may grant credit only for time served 4648 in the county jail since the probationer’s most recent arrest 4649 for the violation. However, the court may not order the 4650 probationer to a total term of incarceration greater than the 4651 maximum provided by s. 775.082. 4652 (9)(a) Each judicial circuit shall establish an alternative 4653 sanctioning program as provided in this subsection. The chief 4654 judge of each judicial circuit may, by administrative order, 4655 define additional sanctions or eligibility criteria and specify 4656 the process for reporting technical violations through the 4657 alternative sanctioning program. Any sanctions recommended for 4658 imposition through an alternative sanctions program must be 4659 submitted to the court by the probation officer for approval 4660 before imposing the sanction. 4661 (b) As used in this subsection, the term “low-risk 4662 violation,” when committed by a probationer, means any of the 4663 following: 4664 1. A positive drug or alcohol test result. 4665 2. Failure to report to the probation office. 4666 3. Failure to report a change in address or other required 4667 information. 4668 4. Failure to attend a required class, treatment or 4669 counseling session, or meeting. 4670 5. Failure to submit to a drug or alcohol test. 4671 6. A violation of curfew. 4672 7. Failure to meet a monthly quota on any required 4673 probation condition, including, but not limited to, making 4674 restitution payments, paying court costs, or completing 4675 community service hours. 4676 8. Leaving the county without permission. 4677 9. Failure to report a change in employment. 4678 10. Associating with a person engaged in criminal activity. 4679 11. Any other violation as determined by administrative 4680 order of the chief judge of the circuit. 4681 (c) As used in this subsection, the term “moderate-risk 4682 violation” means any of the following: 4683 1. A violation identified in paragraph (b), when committed 4684 by an offender on community control. 4685 2. Failure to remain at an approved residence by an 4686 offender on community control. 4687 3. A third violation identified in paragraph (b) by a 4688 probationer within the current term of supervision. 4689 4. Any other violation as determined by administrative 4690 order of the chief judge of the circuit. 4691 (d) A probationer or offender on community control is not 4692 eligible for an alternative sanction if: 4693 1. He or she is a violent felony offender of special 4694 concern as defined in paragraph (8)(b); 4695 2. The violation is a felony, misdemeanor, or criminal 4696 traffic offense; 4697 3. The violation is absconding; 4698 4. The violation is of a stay-away order or no-contact 4699 order; 4700 5. The violation is not identified as low-risk or moderate 4701 risk under this subsection or by administrative order; 4702 6. He or she has a prior moderate-risk level violation 4703 during the current term of supervision; 4704 7. He or she has three prior low-risk level violations 4705 during the same term of supervision; 4706 8. The term of supervision is scheduled to terminate in 4707 less than 90 days; or 4708 9. The terms of the sentence prohibit alternative 4709 sanctioning. 4710 (e) For a first or second low-risk violation, as defined in 4711 paragraph (b), within the current term of supervision, a 4712 probation officer may offer an eligible probationer one or more 4713 of the following as an alternative sanction: 4714 1. Up to 5 days in the county jail. 4715 2. Up to 50 additional community service hours. 4716 3. Counseling or treatment. 4717 4. Support group attendance. 4718 5. Drug testing. 4719 6. Loss of travel or other privileges. 4720 7. Curfew for up to 30 days. 4721 8. House arrest for up to 30 days. 4722 9.a. Any other sanction as determined by administrative 4723 order of the chief judge of the circuit. 4724 b. However, in no circumstance shall participation in an 4725 alternative sanctioning program convert a withheld adjudication 4726 to an adjudication of guilt. 4727 (f) For a first moderate-risk violation, as defined in 4728 paragraph (c), within the current term of supervision, a 4729 probation officer, with a supervisor’s approval, may offer an 4730 eligible probationer or offender on community control one or 4731 more of the following as an alternative sanction: 4732 1. Up to 21 days in the county jail. 4733 2. Curfew for up to 90 days. 4734 3. House arrest for up to 90 days. 4735 4. Electronic monitoring for up to 90 days. 4736 5. Residential treatment for up to 90 days. 4737 6. Any other sanction available for a low-risk violation. 4738 7.a. Any other sanction as determined by administrative 4739 order of the chief judge of the circuit. 4740 b. However, in no circumstance shall participation in an 4741 alternative sanctioning program convert a withheld adjudication 4742 to an adjudication of guilt. 4743 (g) The participation of a probationer or an offender on 4744 community control in the program is voluntary. The probationer 4745 or offender on community control may waive or discontinue 4746 participation in the program at any time before the court 4747 imposes a recommended sanction. 4748 (h)1. If a probationer or offender on community control is 4749 eligible for the alternative sanctioning program under this 4750 subsection, he or she may: 4751 a. Waive participation in the program, in which case the 4752 probation officer may submit a violation report, affidavit, and 4753 warrant to the court; or 4754 b. Elect to participate in the program after receiving 4755 written notice of an alleged technical violation and disclosure 4756 of the evidence against him or her, and admit the technical 4757 violation, agree to comply with the probation officer’s 4758 recommended sanction if subsequently ordered by the court, and 4759 agree to waive the right to: 4760 (I) Be represented by legal counsel. 4761 (II) Require the state to prove his or her guilt before a 4762 neutral and detached hearing body. 4763 (III) Subpoena witnesses and present to a judge evidence in 4764 his or her defense. 4765 (IV) Confront and cross-examine adverse witnesses. 4766 (V) Receive a written statement from a judge as to the 4767 evidence relied on and the reasons for the sanction imposed. 4768 2. If the probationer or offender on community control 4769 admits to committing the technical violation and agrees with the 4770 probation officer’s recommended sanction, the probation officer 4771 must, before imposing the sanction, submit the recommended 4772 sanction to the court with documentation reflecting the 4773 probationer’s admission to the technical violation and agreement 4774 with the recommended sanction. 4775 (i) The court may impose the recommended sanction or direct 4776 the department to submit a violation report, affidavit, and 4777 warrant to the court. 4778 (j) If a probationer or offender on community control 4779 waives or discontinues participation in the program or fails to 4780 successfully complete all alternative sanctions within 90 days 4781 after imposition or within the timeframe specified in the 4782 agreed-upon sanction, the probation officer may submit a 4783 violation report, affidavit, and warrant to the court. A prior 4784 admission by the probationer or offender on community control to 4785 a technical violation may not be used as evidence in subsequent 4786 proceedings. 4787 Section 71. Subsection (6) and paragraph (a) of subsection 4788 (7) of section 948.08, Florida Statutes, are amended to read: 4789 948.08 Pretrial intervention program.— 4790 (6)(a) For purposes of this subsection, the term 4791 “nonviolent felony” means a third degree felony violation of 4792 chapter 810 or any other felony offense that is not a forcible 4793 felony as defined in s. 776.08. 4794 (b) Notwithstanding any provision of this section, a person 4795who is charged with a nonviolent felony and is identified as4796having a substance abuse problem or is charged with a felony of4797the second or third degree for purchase or possession of a4798controlled substance under chapter 893, prostitution, tampering4799with evidence, solicitation for purchase of a controlled4800substance, or obtaining a prescription by fraud; who has not4801been charged with a crime involving violence, including, but not4802limited to, murder, sexual battery, robbery, carjacking, home4803invasion robbery, or any other crime involving violence; and who4804has not previously been convicted of a felonyis eligible for 4805 voluntary admission into a pretrial substance abuse education 4806 and treatment intervention program, including a treatment-based 4807 drug court program established pursuant to s. 397.334, approved 4808 by the chief judge of the circuit, for a period of not less than 4809 1 year in duration, if he or she: 4810 1. Is identified as having a substance abuse problem and is 4811 amenable to treatment. 4812 2. Is charged with a nonviolent felony. 4813 3. Has never been charged with a crime involving violence, 4814 including, but not limited to, murder, sexual battery, robbery, 4815 carjacking, home-invasion robbery, or any other crime involving 4816 violence. 4817 4. Has two or fewer felony convictions, provided that the 4818 prior convictions are for nonviolent felonies. 4819 (c) Upon motion of either party or the court’s own motion, 4820 and with the agreement of the defendant, the court shall admit 4821 an eligible person into a pretrial substance abuse education and 4822 treatment intervention program, except: 4823 1. If a defendant was previously offered admission to a 4824 pretrial substance abuse education and treatment intervention 4825 program at any time beforeprior totrial and the defendant 4826 rejected that offer on the record,thenthe court or the state 4827 attorney may deny the defendant’s admission to such a program. 4828 2. If the state attorney believes that the facts and 4829 circumstances of the case suggest the defendant’s involvement in 4830 the dealing and selling of controlled substances, the court 4831 shall hold a preadmission hearing. If the state attorney 4832 establishes, by a preponderance of the evidence at such hearing, 4833 that the defendant was involved in the dealing or selling of 4834 controlled substances, the court shall deny the defendant’s 4835 admission into a pretrial intervention program. 4836 3. If the defendant has two or fewer prior felony 4837 convictions as provided in subparagraph (b)4., the court, in its 4838 discretion, may deny admission to such a program. 4839 (d)(b)While enrolled in a pretrial intervention program 4840 authorized by this subsection, the participant is subject to a 4841 coordinated strategy developed by a drug court team under s. 4842 397.334(4). The coordinated strategy may include a protocol of 4843 sanctions that may be imposed upon the participant for 4844 noncompliance with program rules. The protocol of sanctions may 4845 include, but is not limited to, placement in a substance abuse 4846 treatment program offered by a licensed service provider as 4847 defined in s. 397.311 or in a jail-based treatment program or 4848 serving a period of incarceration within the time limits 4849 established for contempt of court. The coordinated strategy must 4850 be provided in writing to the participant before the participant 4851 agrees to enter into a pretrial treatment-based drug court 4852 program or other pretrial intervention program. Any person whose 4853 charges are dismissed after successful completion of the 4854 treatment-based drug court program, if otherwise eligible, may 4855 have his or her arrest record and plea of nolo contendere to the 4856 dismissed charges expunged under s. 943.0585. 4857 (e)(c)At the end of the pretrial intervention period, the 4858 court shall consider the recommendation of the administrator 4859 pursuant to subsection (5) and the recommendation of the state 4860 attorney as to disposition of the pending charges. The court 4861 shall determine, by written finding, whether the defendant has 4862 successfully completed the pretrial intervention program. 4863 Notwithstanding the coordinated strategy developed by a drug 4864 court team pursuant to s. 397.334(4), if the court finds that 4865 the defendant has not successfully completed the pretrial 4866 intervention program, the court may order the person to continue 4867 in education and treatment, which may include substance abuse 4868 treatment programs offered by licensed service providers as 4869 defined in s. 397.311 or jail-based treatment programs, or order 4870 that the charges revert to normal channels for prosecution. The 4871 court shall dismiss the charges upon a finding that the 4872 defendant has successfully completed the pretrial intervention 4873 program. 4874 (f)(d)Any entity, whether public or private, providing a 4875 pretrial substance abuse education and treatment intervention 4876 program under this subsection must contract with the county or 4877 appropriate governmental entity, and the terms of the contract 4878 must include, but need not be limited to, the requirements 4879 established for private entities under s. 948.15(3). 4880 (7)(a) Notwithstanding any provision of this section, a 4881 person who is charged with a felony, other than a felony listed 4882 in s. 948.06(8)(c), and identified as a veteran, as defined in 4883 s. 1.01, including a veteran who is discharged or released under 4884 a general discharge, or servicemember, as defined in s. 250.01; 4885 an individual who is a current or former United States 4886 Department of Defense contractor; or an individual who is a 4887 current or former military member of a foreign allied country, 4888 who suffers from a military service-related mental illness, 4889 traumatic brain injury, substance abuse disorder, or 4890 psychological problem, is eligible for voluntary admission into 4891 a pretrial veterans’ treatment intervention program approved by 4892 the chief judge of the circuit, upon motion of either party or 4893 the court’s own motion, except: 4894 1. If a defendant was previously offered admission to a 4895 pretrial veterans’ treatment intervention program at any time 4896 before trial and the defendant rejected that offer on the 4897 record, the court may deny the defendant’s admission to such a 4898 program. 4899 2. If a defendant previously entered a court-ordered 4900 veterans’ treatment program, the court may deny the defendant’s 4901 admission into the pretrial veterans’ treatment program. 4902 Section 72. Section 948.081, Florida Statutes, is created 4903 to read: 4904 948.081 Community court programs.— 4905 (1) Each judicial circuit may establish a community court 4906 program for defendants charged with certain misdemeanor 4907 offenses. Each community court shall, at a minimum: 4908 (a) Adopt a nonadversarial approach. 4909 (b) Establish an advisory committee to recommend solutions 4910 and sanctions in each case. 4911 (c) Provide for judicial leadership and interaction. 4912 (d) In each particular case, consider the needs of the 4913 victim, consider individualized treatment services for the 4914 defendant, and monitor the defendant’s compliance. 4915 (2) The chief judge of the judicial circuit, by 4916 administrative order, shall specify each misdemeanor offense 4917 eligible for the community court program. In making such 4918 determination, the chief judge shall consider the particular 4919 needs and concerns of the communities within the judicial 4920 circuit. 4921 (3) A defendant’s entry into any community court program 4922 must be voluntary. 4923 (4) The chief judge shall appoint a community court 4924 resource coordinator, who shall: 4925 (a) Coordinate the responsibilities of the participating 4926 agencies and service providers. 4927 (b) Provide case management services. 4928 (c) Monitor compliance by defendants with court 4929 requirements. 4930 (d) Manage the collection of data for program evaluation 4931 and accountability. 4932 (5) The chief judge of the judicial circuit shall appoint 4933 members to an advisory committee for each community court. The 4934 members of the advisory committee must include, at a minimum: 4935 (a) The chief judge or a community court judge designated 4936 by the chief judge, who shall serve as chair. 4937 (b) The state attorney or his or her designee. 4938 (c) The public defender or his or her designee. 4939 (d) The community court resource coordinator. 4940 4941 The committee may also include community stakeholders, treatment 4942 representatives, and other persons the chair deems appropriate. 4943 (6) The advisory committee shall review each defendant’s 4944 case. Each committee member may make recommendations to the 4945 judge, including appropriate sanctions and treatment solutions 4946 for the defendant. The judge shall consider such recommendations 4947 and make the final decision concerning sanctions and treatment 4948 with respect to each defendant. 4949 (7) Each judicial circuit shall report client-level and 4950 programmatic data to the Office of the State Courts 4951 Administrator annually for program evaluation. Client-level data 4952 include primary offenses resulting in the community court 4953 referral or sentence, treatment compliance, completion status, 4954 reasons for failing to complete the program, offenses committed 4955 during treatment and sanctions imposed, frequency of court 4956 appearances, and units of service. Programmatic data include 4957 referral and screening procedures, eligibility criteria, type 4958 and duration of treatment offered, and residential treatment 4959 resources. 4960 (8) The Department of Corrections, the Department of 4961 Juvenile Justice, the Department of Health, the Department of 4962 Law Enforcement, the Department of Education, law enforcement 4963 agencies, and other governmental entities involved in the 4964 criminal justice system shall support such community court 4965 programs. 4966 (9) Community court program funding must be secured from 4967 sources other than the state for costs not assumed by the state 4968 under s. 29.004. However, this subsection does not preclude the 4969 use of funds provided for treatment and other services through 4970 state executive branch agencies. 4971 Section 73. Paragraph (a) of subsection (2) of section 4972 948.16, Florida Statutes, is amended to read: 4973 948.16 Misdemeanor pretrial substance abuse education and 4974 treatment intervention program; misdemeanor pretrial veterans’ 4975 treatment intervention program; misdemeanor pretrial mental 4976 health court program.— 4977 (2)(a) A veteran, as defined in s. 1.01, including a 4978 veteran who is discharged or released under a general discharge, 4979 or servicemember, as defined in s. 250.01; an individual who is 4980 a current or former United States Department of Defense 4981 contractor; or an individual who is a current or former military 4982 member of a foreign allied country, who suffers from a military 4983 service-related mental illness, traumatic brain injury, 4984 substance abuse disorder, or psychological problem, and who is 4985 charged with a misdemeanor is eligible for voluntary admission 4986 into a misdemeanor pretrial veterans’ treatment intervention 4987 program approved by the chief judge of the circuit, for a period 4988 based on the program’s requirements and the treatment plan for 4989 the offender, upon motion of either party or the court’s own 4990 motion. However, the court may deny the defendant admission into 4991 a misdemeanor pretrial veterans’ treatment intervention program 4992 if the defendant has previously entered a court-ordered 4993 veterans’ treatment program. 4994 Section 74. Subsection (2) of section 948.21, Florida 4995 Statutes, is amended to read: 4996 948.21 Condition of probation or community control; 4997 military servicemembers,andveterans, and others.— 4998 (2) Effective for a probationer or community controllee 4999 whose crime is committed on or after July 1, 2016, and who is a 5000 veteran, as defined in s. 1.01, including a veteran who is 5001 discharged or released under a general discharge, or 5002 servicemember, as defined in s. 250.01; an individual who is a 5003 current or former United States Department of Defense 5004 contractor; or an individual who is a current or former military 5005 member of a foreign allied country, who suffers from a military 5006 service-related mental illness, traumatic brain injury, 5007 substance abuse disorder, or psychological problem, the court 5008 may, in addition to any other conditions imposed, impose a 5009 condition requiring the probationer or community controllee to 5010 participate in a treatment program capable of treating the 5011 probationer or community controllee’s mental illness, traumatic 5012 brain injury, substance abuse disorder, or psychological 5013 problem. 5014 Section 75. Section 951.22, Florida Statutes, is amended to 5015 read: 5016 951.22 County detention facilities; contraband articles.— 5017 (1) It is unlawful, except through regular channels as duly 5018 authorized by the sheriff or officer in charge, to introduce 5019 into or possess upon the grounds of any county detention 5020 facility as defined in s. 951.23 or to give to or receive from 5021 any inmate of any such facility wherever said inmate is located 5022 at the time or to take or to attempt to take or send therefrom 5023 any of the following articles, which arehereby declared to be5024 contraband: 5025 (a)for the purposes of this act, to wit:Any written or 5026 recorded communication.;5027 (b) Any currency or coin.;5028 (c) Any article of food or clothing.;5029 (d) Any tobacco products as defined in s. 210.25(12).;5030 (e) Any cigarette as defined in s. 210.01(1).;5031 (f) Any cigar.;5032 (g) Any intoxicating beverage or beverage thatwhichcauses 5033 or may cause an intoxicating effect.;5034 (h) Any narcotic, hypnotic, or excitative drug or drug of 5035 any kind or nature, including nasal inhalators, sleeping pills, 5036 barbiturates, and controlled substances as defined in s. 5037 893.02(4).;5038 (i) Any firearm or any instrumentality customarily used or 5039 which is intended to be used as a dangerous weapon.; and5040 (j) Any instrumentality of any nature whichthatmay be or 5041 is intended to be used as an aid in effecting or attempting to 5042 effect an escape from a county facility. 5043 (k) Any cellular telephone or other portable communication 5044 device as described in s. 944.47(1)(a)6. The term does not 5045 include any device that has communication capabilities which has 5046 been approved or issued by the sheriff or officer in charge for 5047 investigative or institutional security purposes or for 5048 conducting other official business. 5049 (2) A person whoWhoeverviolates paragraph (1)(a), 5050 paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph 5051 (1)(e), paragraph (1)(f), or paragraph (1)(g) commits a 5052 misdemeanor of the first degree, punishable as provided in s. 5053 775.082 or s. 775.083. A person who violates paragraph (1)(h), 5054 paragraph (1)(i), paragraph (1)(j), or paragraph (1)(k) commits 5055subsection (1) shall be guilty ofa felony of the third degree, 5056 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 5057 Section 76. Subsection (1) of section 958.04, Florida 5058 Statutes, is amended to read: 5059 958.04 Judicial disposition of youthful offenders.— 5060 (1) The court may sentence as a youthful offender any 5061 person: 5062 (a) Who is at least 18 years of age or who has been 5063 transferred for prosecution to the criminal division of the 5064 circuit court pursuant to chapter 985; 5065 (b) Who is found guilty of or who has tendered, and the 5066 court has accepted, a plea of nolo contendere or guilty to a 5067 crime that is, under the laws of this state, a felony if such 5068 crime was committed before the defendant turned 21 years of age 5069the offender is younger than 21 years of age at the time5070sentence is imposed; and 5071 (c) Who has not previously been classified as a youthful 5072 offender underthe provisions ofthis act; however, a person who 5073 has been found guilty of a capital or life felony may not be 5074 sentenced as a youthful offender under this act. 5075 5076 Section 77. Paragraphs (a) and (b) of subsection (2) and 5077 paragraph (a) of subsection (3) of section 960.003, Florida 5078 Statutes, are amended to read: 5079 960.003 Hepatitis and HIV testing for persons charged with 5080 or alleged by petition for delinquency to have committed certain 5081 offenses; disclosure of results to victims.— 5082 (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION 5083 FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.— 5084 (a) In any case in which a person has been charged by 5085 information or indictment with or alleged by petition for 5086 delinquency to have committed any offense enumerated in s. 5087 775.0877(1)(a)-(m)s. 775.0877(1)(a)-(n), which involves the 5088 transmission of body fluids from one person to another, upon 5089 request of the victim or the victim’s legal guardian, or of the 5090 parent or legal guardian of the victim if the victim is a minor, 5091 the court shall order such person to undergo hepatitis and HIV 5092 testing within 48 hours after the information, indictment, or 5093 petition for delinquency is filed. In the event the victim or, 5094 if the victim is a minor, the victim’s parent or legal guardian 5095 requests hepatitis and HIV testing after 48 hours have elapsed 5096 from the filing of the indictment, information, or petition for 5097 delinquency, the testing shall be done within 48 hours after the 5098 request. 5099 (b) However, when a victim of any sexual offense enumerated 5100 in s. 775.0877(1)(a)-(m)s. 775.0877(1)(a)-(n)is under the age 5101 of 18 at the time the offense was committed or when a victim of 5102 any sexual offense enumerated in s. 775.0877(1)(a)-(m)s.5103775.0877(1)(a)-(n)or s. 825.1025 is a disabled adult or elderly 5104 person as defined in s. 825.1025 regardless of whether the 5105 offense involves the transmission of bodily fluids from one 5106 person to another, then upon the request of the victim or the 5107 victim’s legal guardian, or of the parent or legal guardian, the 5108 court shall order such person to undergo hepatitis and HIV 5109 testing within 48 hours after the information, indictment, or 5110 petition for delinquency is filed. In the event the victim or, 5111 if the victim is a minor, the victim’s parent or legal guardian 5112 requests hepatitis and HIV testing after 48 hours have elapsed 5113 from the filing of the indictment, information, or petition for 5114 delinquency, the testing shall be done within 48 hours after the 5115 request. The testing shall be performed under the direction of 5116 the Department of Health in accordance with s. 381.004. The 5117 results of a hepatitis and HIV test performed on a defendant or 5118 juvenile offender pursuant to this subsection shall not be 5119 admissible in any criminal or juvenile proceeding arising out of 5120 the alleged offense. 5121 (3) DISCLOSURE OF RESULTS.— 5122 (a) The results of the test shall be disclosed no later 5123 than 2 weeks after the court receives such results, under the 5124 direction of the Department of Health, to the person charged 5125 with or alleged by petition for delinquency to have committed or 5126 to the person convicted of or adjudicated delinquent for any 5127 offense enumerated in s. 775.0877(1)(a)-(m)s. 775.0877(1)(a)5128(n), which involves the transmission of body fluids from one 5129 person to another, and, upon request, to the victim or the 5130 victim’s legal guardian, or the parent or legal guardian of the 5131 victim if the victim is a minor, and to public health agencies 5132 pursuant to s. 775.0877. If the alleged offender is a juvenile, 5133 the test results shall also be disclosed to the parent or 5134 guardian. When the victim is a victim as described in paragraph 5135 (2)(b), the test results must also be disclosed no later than 2 5136 weeks after the court receives such results, to the person 5137 charged with or alleged by petition for delinquency to have 5138 committed or to the person convicted of or adjudicated 5139 delinquent for any offense enumerated in s. 775.0877(1)(a)-(m) 5140s. 775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the 5141 offense involves the transmission of bodily fluids from one 5142 person to another, and, upon request, to the victim or the 5143 victim’s legal guardian, or the parent or legal guardian of the 5144 victim, and to public health agencies pursuant to s. 775.0877. 5145 Otherwise, hepatitis and HIV test results obtained pursuant to 5146 this section are confidential and exempt from the provisions of 5147 s. 119.07(1) and s. 24(a), Art. I of the State Constitution and 5148 shall not be disclosed to any other person except as expressly 5149 authorized by law or court order. 5150 Section 78. Subsections (2), (3), and (4) of section 5151 960.07, Florida Statutes, are amended to read: 5152 960.07 Filing of claims for compensation.— 5153 (2) Except as provided in subsection (3), a claim must be 5154 filed not later than 5 years1 yearafter: 5155 (a) The occurrence of the crime upon which the claim is 5156 based. 5157 (b) The death of the victim or intervenor. 5158 (c) The death of the victim or intervenor is determined to 5159 be the result of a crime, and the crime occurred after June 30, 5160 1994. 5161 5162 However, for good cause the department may extend the time for 5163 filing for a period not exceeding 72years after such 5164 occurrence. 5165 (3) Notwithstandingthe provisions ofsubsection (2) and 5166 regardless of when the crime occurred, if the victim or 5167 intervenor was under the age of 18 at the time the crime upon 5168 which the claim is based occurred, a claim may be filed in 5169 accordance with this subsection. 5170 (a) The victim’s or intervenor’s parent or guardian may 5171 file a claim on behalf of the victim or intervenor while the 5172 victim or intervenor is less than 18 years of age; or 5173 (b) When a victim or intervenor who was under the age of 18 5174 at the time the crime occurred reaches the age of 18, the victim 5175 or intervenor has 5 years1 yearwithin which to file a claim. 5176 5177 For good cause, the department may extend the time period 5178 allowed for filing a claim under paragraph (b) for an additional 5179 period not to exceed 2 years1 year. 5180 (4) NotwithstandingThe provisions ofsubsection (2) 5181notwithstanding, and regardless of when the crime occurred, a 5182 victim of a sexually violent offense as defined in s. 394.912,5183 may file a claim for compensation for counseling or other mental 5184 health services within 5 years1 yearafter the filing of a 5185 petition under s. 394.914, to involuntarily civilly commit the 5186 individual who perpetrated the sexually violent offense. 5187 Section 79. Paragraph (b) of subsection (1) of section 5188 960.13, Florida Statutes, is amended to read: 5189 960.13 Awards.— 5190 (1) 5191 (b) In no case may an award be made when the record shows 5192 that such report was made more than 5 days72 hoursafter the 5193 occurrence of such crime unless the department, for good cause 5194 shown, finds the delay to have been justified. The department, 5195 upon finding that any claimant or award recipient has not duly 5196 cooperated with the state attorney, all law enforcement 5197 agencies, and the department, may deny, reduce, or withdraw any 5198 award, as the case may be. 5199 Section 80. Subsection (1) of section 960.195, Florida 5200 Statutes, is amended to read: 5201 960.195 Awards to elderly persons or disabled adults for 5202 property loss.— 5203 (1) Notwithstanding the criteria in s. 960.13, for crime 5204 victim compensation awards, the department may award a maximum 5205 of $500 on any one claim and a lifetime maximum of $1,000 on all 5206 claims to elderly persons or disabled adults who suffer a 5207 property loss that causes a substantial diminution in their 5208 quality of life when: 5209 (a) There is proof that a criminal or delinquent act was 5210 committed; 5211 (b) The criminal or delinquent act is reported to law 5212 enforcement authorities within 5 days72 hours, unless the 5213 department, for good cause shown, finds the delay to have been 5214 justified; 5215 (c) There is proof that the tangible personal property in 5216 question belonged to the claimant; 5217 (d) The claimant did not contribute to the criminal or 5218 delinquent act; 5219 (e) There is no other source of reimbursement or 5220 indemnification available to the claimant; and 5221 (f) The claimant would not be able to replace the tangible 5222 personal property in question without incurring a serious 5223 financial hardship. 5224 Section 81. Paragraph (b) of subsection (2) of section 5225 960.196, Florida Statutes, is amended to read: 5226 960.196 Relocation assistance for victims of human 5227 trafficking.— 5228 (2) In order for an award to be granted to a victim for 5229 relocation assistance: 5230 (b) The crime must be reported to the proper authorities 5231 and the claim must be filed within 5 years1 year, or 72years 5232 with good cause, after the date of the last human trafficking 5233 offense, as described in s. 787.06(3)(b), (d), (f), or (g). In a 5234 case that exceeds the 7-year2-yearrequirement due to an active 5235 and ongoing investigation, a state attorney, statewide 5236 prosecutor, or federal prosecutor may certify in writing a human 5237 trafficking victim’s need to relocate from an unsafe environment 5238 due to the threat of future violence which is directly related 5239 to the human trafficking offense. 5240 Section 82. Effective upon this act becoming a law, 5241 paragraphs (c), (d), and (f) of subsection (2) of section 5242 985.12, Florida Statutes, are amended to read: 5243 985.12 Civil citation or similar prearrest diversion 5244 programs.— 5245 (2) JUDICIAL CIRCUIT CIVIL CITATION OR SIMILAR PREARREST 5246 DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND OPERATION.— 5247 (c) The state attorney of each circuit shall operate a 5248 civil citation or similar prearrest diversion program in each 5249 circuit. A sheriff, police department, county, municipality, 5250 locally authorized entity, or public or private educational 5251 institution may continue to operate an independent civil 5252 citation or similar prearrest diversion program that is in 5253 operation as of October 1, 2018, if the independent program is 5254 reviewed by the state attorney of the applicable circuit and he 5255 or she determines that the independent program is substantially 5256 similar to the civil citation or similar prearrest diversion 5257 program developed by the circuit. If the state attorney 5258 determines that the independent program is not substantially 5259 similar to the civil citation or similar prearrest diversion 5260 program developed by the circuit, the operator of the 5261 independent diversion program may revise the program and the 5262 state attorney may conduct an additional review of the 5263 independent program. 5264 (d) A judicial circuit may model an existing sheriff’s, 5265 police department’s, county’s, municipality’s, locally 5266 authorized entity’s, or public or private educational 5267 institution’s independent civil citation or similar prearrest 5268 diversion program in developing the civil citation or similar 5269 prearrest diversion program for the circuit. 5270 (f) Each civil citation or similar prearrest diversion 5271 program shall enter the appropriate youth data into the Juvenile 5272 Justice Information System Prevention Web within 7 days after 5273 the admission of the youth into the programA copy of each civil5274citation or similar prearrest diversion program notice issued5275under this section shall be provided to the department, and the5276department shall enter appropriate information into the juvenile5277offender information system. 5278 Section 83. Effective upon this act becoming a law, 5279 subsection (2) and paragraph (c) of subsection (3) of section 5280 985.126, Florida Statutes, are amended to read: 5281 985.126 Diversion programs; data collection; denial of 5282 participation or expunged record.— 5283 (2) Upon issuance of documentation requiring a minor to 5284 participate in a diversion program, before or without an arrest, 5285 the issuing law enforcement officer shall send a copy of such 5286 documentation to the entity designated to operate the diversion 5287 programand to the department, which shall enter such 5288 information into the Juvenile Justice Information System 5289 Prevention Web within 7 days after the youth’s admission into 5290 the program. 5291 (3) 5292 (c) The data required pursuant to paragraph (a) shall be 5293 entered into the Juvenile Justice Information System Prevention 5294 Web within 7 days after the youth’s admission into the program 5295submitted to the department quarterly. 5296 Section 84. Effective upon this act becoming a law, 5297 paragraph (f) of subsection (1) of section 985.145, Florida 5298 Statutes, is amended to read: 5299 985.145 Responsibilities of the department during intake; 5300 screenings and assessments.— 5301 (1) The department shall serve as the primary case manager 5302 for the purpose of managing, coordinating, and monitoring the 5303 services provided to the child. Each program administrator 5304 within the Department of Children and Families shall cooperate 5305 with the primary case manager in carrying out the duties and 5306 responsibilities described in this section. In addition to 5307 duties specified in other sections and through departmental 5308 rules, the department shall be responsible for the following: 5309(f)Prevention web.—For a child with a first-time5310misdemeanor offense, the department shall enter all related5311information into the Juvenile Justice Information System5312Prevention Web until such time as formal charges are filed. If5313formal charges are not filed, the information shall remain in5314the Juvenile Justice Information System Prevention Web until5315removed pursuant to department policies.5316 Section 85. Subsection (5) of section 985.265, Florida 5317 Statutes, is amended to read: 5318 985.265 Detention transfer and release; education; adult 5319 jails.— 5320 (5) The court shall order the delivery of a child to a jail 5321 or other facility intended or used for the detention of adults: 5322 (a) When the child has been transferred or indicted for 5323 criminal prosecution as an adult under part X, except that: 5324 1. The court may not order or allow a child alleged to have 5325 committed a misdemeanor who is being transferred for criminal 5326 prosecution pursuant to either s. 985.556 or s. 985.557 to be 5327 detained or held in a jail or other facility intended or used 5328 for the detention of adults; however, such child may be held 5329 temporarily in a detention facility; or 5330 2. A child who has been transferred for criminal 5331 prosecution as an adult pursuant to s. 985.557 shall not be held 5332 in a jail or other facility intended or used for the detention 5333 of adults prior to a court finding as a result of a hearing 5334 provided for in s. 985.557(2) that the child should be 5335 prosecuted as an adult; or 5336 (b) When a child taken into custody in this state is wanted 5337 by another jurisdiction for prosecution as an adult. 5338 5339 The child shall be housed separately from adult inmates to 5340 prohibit a child from having regular contact with incarcerated 5341 adults, including trusties. “Regular contact” means sight and 5342 sound contact. Separation of children from adults shall permit 5343 no more than haphazard or accidental contact. The receiving jail 5344 or other facility shall contain a separate section for children 5345 and shall have an adequate staff to supervise and monitor the 5346 child’s activities at all times. Supervision and monitoring of 5347 children includes physical observation and documented checks by 5348 jail or receiving facility supervisory personnel at intervals 5349 not to exceed 10 minutes. This subsection does not prohibit 5350 placing two or more children in the same cell. Under no 5351 circumstances shall a child be placed in the same cell with an 5352 adult. 5353 Section 86. Subsection (1) and present subsection (2) of 5354 section 985.557, Florida Statutes, are amended, and a new 5355 subsection (2) is added to that section, to read: 5356 985.557 Direct filing of an information; discretionaryand5357mandatorycriteria.— 5358 (1) DISCRETIONARY DIRECT FILE.— 5359 (a) With respect to any child who was 14 or 15 years of age 5360 at the time the alleged offense was committed, the state 5361 attorney may file an information whenin the state attorney’s5362judgment and discretionthe public interest requires that adult 5363 sanctions be considered or imposed and when the offense charged 5364 is for the commission of, or attempt to commit any of the 5365 following, or conspiracy to commit: 5366 1. Arson.;5367 2. Sexual battery.;5368 3. Robbery.;5369 4. Kidnapping.;5370 5. Aggravated child abuse.;5371 6. Aggravated assault.;5372 7. Aggravated stalking.;5373 8. Murder.;5374 9. Manslaughter.;5375 10. Unlawful throwing, placing, or discharging of a 5376 destructive device or bomb.;5377 11. Armed burglary in violation of s. 810.02(2)(b) or 5378 specified burglary of a dwelling or structure in violation of s. 5379 810.02(2)(c), or burglary with an assault or battery in 5380 violation of s. 810.02(2)(a).;5381 12. Aggravated battery.;5382 13. Any lewd or lascivious offense committed upon or in the 5383 presence of a person less than 16 years of age;5384 14. Carrying, displaying, using, threatening, or attempting 5385 to use a weapon or firearm during the commission of a felony.;5386 15. Grand theft in violation of s. 812.014(2)(a).;5387 16. Possessing or discharging any weapon or firearm on 5388 school property in violation of s. 790.115.;5389 17. Home invasion robbery.;5390 18. Carjacking.; or5391 19. Grand theft of a motor vehicle in violation of s. 5392 812.014(2)(c)6. or grand theft of a motor vehicle valued at 5393 $20,000 or more in violation of s. 812.014(2)(b) if the child 5394 has a previous adjudication for grand theft of a motor vehicle 5395 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b). 5396 (b) With respect to any child who was 16 or 17 years of age 5397 at the time the alleged offense was committed, the state 5398 attorney may file an information whenin the state attorney’s5399judgment and discretionthe public interest requires that adult 5400 sanctions be considered or imposed. However, the state attorney 5401 may not file an information on a child charged with a 5402 misdemeanor, unless the child has had at least two previous 5403 adjudicationsor adjudications withheldfor delinquent acts, one 5404 of which involved an offense classified as a felony under state 5405 law. 5406 (2) DUE PROCESS HEARING BEFORE A JUDGE.—Notwithstanding any 5407 other law, and in all cases, any child charged with a crime 5408 shall have an evidentiary hearing, after the state attorney’s 5409 filing of an information in adult court under this section. 5410 (a) The judge shall conduct the hearing within 30 days, 5411 excluding Saturdays, Sundays, and legal holidays, unless good 5412 cause is shown for a delay by the child or the child’s attorney. 5413 The purpose of the hearing is for the court to determine whether 5414 it is necessary for protection of the community that the child 5415 is prosecuted in adult court. The judge shall consider all of 5416 the following: 5417 1. Evaluations and assessments completed by the department. 5418 2. The sophistication and maturity of the child, including: 5419 a. The effect, if any, of immaturity, impetuosity, or 5420 failure to appreciate risks and consequences on the child’s 5421 participation in the alleged offense. 5422 b. The child’s age, maturity, intellectual capacity, and 5423 mental and emotional health at the time of the alleged offense. 5424 c. The effect, if any, of characteristics attributable to 5425 the child’s youth on the child’s judgment. 5426 3. The record and previous history of the child, including: 5427 a. Previous contacts with the department, the Department of 5428 Corrections, the Department of Children and Families, other law 5429 enforcement agencies, and the courts. 5430 b. Prior periods of probation. 5431 c. Prior adjudications that the child committed a 5432 delinquent act or violation of law, with greater weight being 5433 given if the child has previously been found by a court to have 5434 committed a delinquent act or violation of law involving 5435 violence to persons. 5436 d. Prior commitments to institutions of the department, the 5437 Department of Corrections, or agencies under contract with 5438 either department. 5439 e. History of trauma, abuse or neglect, foster care 5440 placements, failed adoption, fetal alcohol syndrome, exposure to 5441 controlled substances at birth, and below-average intellectual 5442 functioning. 5443 f. Identification of the child as a student requiring 5444 exceptional student education or having previously received 5445 psychological services. 5446 4. The nature of the alleged offense and the child’s 5447 participation, including: 5448 a. Whether the alleged offense is punishable by death or 5449 life imprisonment. 5450 b. Whether the alleged offense was against persons or 5451 property. 5452 c. Whether the alleged offense is alleged to have been 5453 committed in an aggressive, violent, or premeditated manner. 5454 d. The extent of the child’s participation in the alleged 5455 offense. 5456 e. The effect, if any, of familial pressure or peer 5457 pressure on the child’s actions. 5458 5. The prospects for adequate protection of the public and 5459 the likelihood of reasonable rehabilitation of the child, if the 5460 child is found to have committed the alleged offense: 5461 a. By the use of procedures, services, and facilities 5462 currently available to the juvenile court. 5463 b. By the use of procedures, services, and facilities 5464 currently available to the adult court, including whether the 5465 lowest permissible sentence under the Criminal Punishment Code 5466 is a nonstate prison sanction. 5467 6. Whether the child could obtain habilitative or 5468 rehabilitative services available in the juvenile justice 5469 system. 5470 7. Whether the child could receive a sentence in juvenile 5471 court that would provide adequate safety and protection for the 5472 community. 5473 8. Whether the child’s best interests would be served by 5474 prosecuting the child in juvenile court. 5475 (b) The judge may consider any reports that may assist the 5476 court, including prior pre-disposition reports, psycho-social 5477 assessments, individualized educational programs (IEPs), 5478 developmental assessments, school records, abuse or neglect 5479 reports, home studies, protective investigations, and 5480 psychological and psychiatric evaluations. The child, the 5481 child’s parents or legal guardians, defense counsel, and the 5482 state attorney may examine these reports and question the 5483 parties responsible for creating them at the hearing. 5484 (c) The adult court shall retain jurisdiction unless the 5485 court finds by a preponderance of the evidence that the factors 5486 listed in paragraph (a) support returning the child to juvenile 5487 court. 5488 (d) The adult court shall render an order including 5489 specific findings of fact and the reasons for its decision. The 5490 prosecution and defense may seek immediate review of the order 5491 through interlocutory appeal. The order shall be reviewable on 5492 appeal under the Florida Rules of Appellate Procedure. 5493(2)MANDATORY DIRECT FILE.—5494(a)With respect to any child who was 16 or 17 years of age5495at the time the alleged offense was committed, the state5496attorney shall file an information if the child has been5497previously adjudicated delinquent for an act classified as a5498felony, which adjudication was for the commission of, attempt to5499commit, or conspiracy to commit murder, sexual battery, armed or5500strong-armed robbery, carjacking, home-invasion robbery,5501aggravated battery, or aggravated assault, and the child is5502currently charged with a second or subsequent violent crime5503against a person.5504(b)With respect to any child 16 or 17 years of age at the5505time an offense classified as a forcible felony, as defined in5506s. 776.08, was committed, the state attorney shall file an5507information if the child has previously been adjudicated5508delinquent or had adjudication withheld for three acts5509classified as felonies each of which occurred at least 45 days5510apart from each other. This paragraph does not apply when the5511state attorney has good cause to believe that exceptional5512circumstances exist which preclude the just prosecution of the5513juvenile in adult court.5514(c)The state attorney must file an information if a child,5515regardless of the child’s age at the time the alleged offense5516was committed, is alleged to have committed an act that would be5517a violation of law if the child were an adult, that involves5518stealing a motor vehicle, including, but not limited to, a5519violation of s. 812.133, relating to carjacking, or s.5520812.014(2)(c)6., relating to grand theft of a motor vehicle, and5521while the child was in possession of the stolen motor vehicle5522the child caused serious bodily injury to or the death of a5523person who was not involved in the underlying offense. For5524purposes of this section, the driver and all willing passengers5525in the stolen motor vehicle at the time such serious bodily5526injury or death is inflicted shall also be subject to mandatory5527transfer to adult court. “Stolen motor vehicle,” for the5528purposes of this section, means a motor vehicle that has been5529the subject of any criminal wrongful taking. For purposes of5530this section, “willing passengers” means all willing passengers5531who have participated in the underlying offense.5532(d)1.With respect to any child who was 16 or 17 years of5533age at the time the alleged offense was committed, the state5534attorney shall file an information if the child has been charged5535with committing or attempting to commit an offense listed in s.5536775.087(2)(a)1.a.-p., and, during the commission of or attempt5537to commit the offense, the child:5538a.Actually possessed a firearm or destructive device, as5539those terms are defined in s. 790.001.5540b.Discharged a firearm or destructive device, as described5541in s. 775.087(2)(a)2.5542c.Discharged a firearm or destructive device, as described5543in s. 775.087(2)(a)3., and, as a result of the discharge, death5544or great bodily harm was inflicted upon any person.55452.Upon transfer, any child who is:5546a.Charged under sub-subparagraph 1.a. and who has been5547previously adjudicated or had adjudication withheld for a5548forcible felony offense or any offense involving a firearm, or5549who has been previously placed in a residential commitment5550program, shall be subject to sentencing under s. 775.087(2)(a),5551notwithstanding s. 985.565.5552b.Charged under sub-subparagraph 1.b. or sub-subparagraph55531.c., shall be subject to sentencing under s. 775.087(2)(a),5554notwithstanding s. 985.565.55553.Upon transfer, any child who is charged under this5556paragraph, but who does not meet the requirements specified in5557subparagraph 2., shall be sentenced under s. 985.565; however,5558if the court imposes a juvenile sanction, the court must commit5559the child to a high-risk or maximum-risk juvenile facility.55604.This paragraph shall not apply if the state attorney has5561good cause to believe that exceptional circumstances exist that5562preclude the just prosecution of the child in adult court.55635.The Department of Corrections shall make every5564reasonable effort to ensure that any child 16 or 17 years of age5565who is convicted and sentenced under this paragraph be5566completely separated such that there is no physical contact with5567adult offenders in the facility, to the extent that it is5568consistent with chapter 958.5569 Section 87. Subsection (3) of section 776.09, Florida 5570 Statutes, is amended to read: 5571 776.09 Retention of records pertaining to persons found to 5572 be acting in lawful self-defense; expunction of criminal history 5573 records.— 5574 (3) Under either condition described in subsection (1) or 5575 subsection (2), the person accused may apply for a certificate 5576 of eligibility to expunge the associated criminal history 5577 record, pursuant to s. 943.0578s. 943.0585(5), notwithstanding 5578 the eligibility requirements prescribed in s. 943.0585(1)s.5579943.0585(1)(b)or (2). 5580 Section 88. Paragraph (c) of subsection (3) of section 5581 893.03, Florida Statutes, is amended to read: 5582 893.03 Standards and schedules.—The substances enumerated 5583 in this section are controlled by this chapter. The controlled 5584 substances listed or to be listed in Schedules I, II, III, IV, 5585 and V are included by whatever official, common, usual, 5586 chemical, trade name, or class designated. The provisions of 5587 this section shall not be construed to include within any of the 5588 schedules contained in this section any excluded drugs listed 5589 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded 5590 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical 5591 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted 5592 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt 5593 Anabolic Steroid Products.” 5594 (3) SCHEDULE III.—A substance in Schedule III has a 5595 potential for abuse less than the substances contained in 5596 Schedules I and II and has a currently accepted medical use in 5597 treatment in the United States, and abuse of the substance may 5598 lead to moderate or low physical dependence or high 5599 psychological dependence or, in the case of anabolic steroids, 5600 may lead to physical damage. The following substances are 5601 controlled in Schedule III: 5602 (c) Unless specifically excepted or unless listed in 5603 another schedule, any material, compound, mixture, or 5604 preparation containing limited quantities of any of the 5605 following controlled substances or any salts thereof: 5606 1. Not more than 1.8 grams of codeine per 100 milliliters 5607 or not more than 90 milligrams per dosage unit, with an equal or 5608 greater quantity of an isoquinoline alkaloid of opium. 5609 2. Not more than 1.8 grams of codeine per 100 milliliters 5610 or not more than 90 milligrams per dosage unit, with recognized 5611 therapeutic amounts of one or more active ingredients which are 5612 not controlled substances. 5613 3. Not more than 300 milligrams of hydrocodone per 100 5614 milliliters or not more than 15 milligrams per dosage unit, with 5615 a fourfold or greater quantity of an isoquinoline alkaloid of 5616 opium. 5617 4. Not more than 300 milligrams of hydrocodone per 100 5618 milliliters or not more than 15 milligrams per dosage unit, with 5619 recognized therapeutic amounts of one or more active ingredients 5620 that are not controlled substances. 5621 5. Not more than 1.8 grams of dihydrocodeine per 100 5622 milliliters or not more than 90 milligrams per dosage unit, with 5623 recognized therapeutic amounts of one or more active ingredients 5624 which are not controlled substances. 5625 6. Not more than 300 milligrams of ethylmorphine per 100 5626 milliliters or not more than 15 milligrams per dosage unit, with 5627 one or more active, nonnarcotic ingredients in recognized 5628 therapeutic amounts. 5629 7. Not more than 50 milligrams of morphine per 100 5630 milliliters or per 100 grams, with recognized therapeutic 5631 amounts of one or more active ingredients which are not 5632 controlled substances. 5633 5634 For purposes of charging a person with a violation of s. 893.135 5635 involving any controlled substance described in subparagraph 3. 5636 or subparagraph 4., the controlled substance is a Schedule III 5637 controlled substance pursuant to this paragraph but the weight 5638 of the controlled substance per milliliters or per dosage unit 5639 is not relevant to the charging of a violation of s. 893.135. 5640 The weight of the controlled substance shall be determined 5641 pursuant to s. 893.135(7)s. 893.135(6). 5642 Section 89. Paragraph (c) of subsection (3) of section 5643 943.053, Florida Statutes, is amended to read: 5644 943.053 Dissemination of criminal justice information; 5645 fees.— 5646 (3) 5647 (c)1. Criminal history information relating to juveniles, 5648 including criminal history information consisting in whole or in 5649 part of information that is confidential and exempt under 5650 paragraph (b), shall be available to: 5651 a. A criminal justice agency for criminal justice purposes 5652 on a priority basis and free of charge; 5653 b. The person to whom the record relates, or his or her 5654 attorney; 5655 c. The parent, guardian, or legal custodian of the person 5656 to whom the record relates, provided such person has not reached 5657 the age of majority, been emancipated by a court, or been 5658 legally married; or 5659 d. An agency or entity specified in s. 943.0585(6)s.5660943.0585(4)or s. 943.059(6)s. 943.059(4), for the purposes 5661 specified therein, and to any person within such agency or 5662 entity who has direct responsibility for employment, access 5663 authorization, or licensure decisions. 5664 2. After providing the program with all known personal 5665 identifying information, the criminal history information 5666 relating to a juvenile which is not confidential and exempt 5667 under this subsection may be released to the private sector and 5668 noncriminal justice agencies not specified in s. 943.0585(6)s.5669943.0585(4)or s. 943.059(6)s. 943.059(4)in the same manner as 5670 provided in paragraph (a). Criminal history information relating 5671 to a juvenile which is not confidential and exempt under this 5672 subsection is the entire criminal history information relating 5673 to a juvenile who satisfies any of the criteria listed in sub 5674 subparagraphs (b)1.a.-d., except for any portion of such 5675 juvenile’s criminal history record which has been expunged or 5676 sealed under any law applicable to such record. 5677 3. All criminal history information relating to juveniles, 5678 other than that provided to criminal justice agencies for 5679 criminal justice purposes, shall be provided upon tender of fees 5680 as established in this subsection and in the manner prescribed 5681 by rule of the Department of Law Enforcement. 5682 Section 90. Paragraph (b) of subsection (2) of section 5683 943.0582, Florida Statutes, is amended to read: 5684 943.0582 Diversion program expunction.— 5685 (2) As used in this section, the term: 5686 (b) “Expunction” has the same meaning ascribed in and 5687 effect as s. 943.0585, except that: 5688 1. Section 943.0585(6)(b) doesThe provisions of s.5689943.0585(4)(a) donot apply, except that the criminal history 5690 record of a person whose record is expunged pursuant to this 5691 section shall be made available only to criminal justice 5692 agencies for the purpose of: 5693 a. Determining eligibility for diversion programs; 5694 b. A criminal investigation; or 5695 c. Making a prosecutorial decision under s. 985.15. 5696 2. Records maintained by local criminal justice agencies in 5697 the county in which the arrest occurred that are eligible for 5698 expunction pursuant to this section shall be sealed as the term 5699 is used in s. 943.059. 5700 Section 91. Paragraphs (a) and (b) of subsection (4) of 5701 section 985.565, Florida Statutes, are amended to read: 5702 985.565 Sentencing powers; procedures; alternatives for 5703 juveniles prosecuted as adults.— 5704 (4) SENTENCING ALTERNATIVES.— 5705 (a) Adult sanctions.— 5706 1. Cases prosecuted on indictment.—If the child is found to 5707 have committed the offense punishable by death or life 5708 imprisonment, the child shall be sentenced as an adult. If the 5709 juvenile is not found to have committed the indictable offense 5710 but is found to have committed a lesser included offense or any 5711 other offense for which he or she was indicted as a part of the 5712 criminal episode, the court may sentence as follows: 5713 a. As an adult; 5714 b. Under chapter 958; or 5715 c. As a juvenile under this section. 5716 2. Other cases.—If a child who has been transferred for 5717 criminal prosecution pursuant to information or waiver of 5718 juvenile court jurisdiction is found to have committed a 5719 violation of state law or a lesser included offense for which he 5720 or she was charged as a part of the criminal episode, the court 5721 may sentence as follows: 5722 a. As an adult; 5723 b. Under chapter 958; or 5724 c. As a juvenile under this section. 5725 3. Notwithstanding any other provision to the contrary, if 5726 the state attorney is required to file a motion to transfer and 5727 certify the juvenile for prosecution as an adult under s. 5728 985.556(3) and that motion is granted, or if the state attorney5729is required to file an information under s. 985.557(2)(a) or5730(b), the court must impose adult sanctions. 5731 4. Any sentence imposing adult sanctions is presumed 5732 appropriate, and the court is not required to set forth specific 5733 findings or enumerate the criteria in this subsection as any 5734 basis for its decision to impose adult sanctions. 5735 5. When a child has been transferred for criminal 5736 prosecution as an adult and has been found to have committed a 5737 violation of state law, the disposition of the case may include 5738 the enforcement of any restitution ordered in any juvenile 5739 proceeding. 5740 (b) Juvenile sanctions.—For juveniles transferred to adult 5741 court but who do not qualify for such transfer under s. 5742 985.556(3)or s. 985.557(2)(a) or (b), the court may impose 5743 juvenile sanctions under this paragraph. If juvenile sentences 5744 are imposed, the court shall, under this paragraph, adjudge the 5745 child to have committed a delinquent act. Adjudication of 5746 delinquency mayshallnot be deemed a conviction, nor shall it 5747 operate to impose any of the civil disabilities ordinarily 5748 resulting from a conviction. The court shall impose an adult 5749 sanction or a juvenile sanction and may not sentence the child 5750 to a combination of adult and juvenile punishments. An adult 5751 sanction or a juvenile sanction may include enforcement of an 5752 order of restitution or probation previously ordered in any 5753 juvenile proceeding. However, if the court imposes a juvenile 5754 sanction and the department determines that the sanction is 5755 unsuitable for the child, the department shall return custody of 5756 the child to the sentencing court for further proceedings, 5757 including the imposition of adult sanctions. Upon adjudicating a 5758 child delinquent under subsection (1), the court may: 5759 1. Place the child in a probation program under the 5760 supervision of the department for an indeterminate period of 5761 time until the child reaches the age of 19 years or sooner if 5762 discharged by order of the court. 5763 2. Commit the child to the department for treatment in an 5764 appropriate program for children for an indeterminate period of 5765 time until the child is 21 or sooner if discharged by the 5766 department. The department shall notify the court of its intent 5767 to discharge no later than 14 days beforeprior todischarge. 5768 Failure of the court to timely respond to the department’s 5769 notice shall be considered approval for discharge. 5770 3. Order disposition under ss. 985.435, 985.437, 985.439, 5771 985.441, 985.45, and 985.455 as an alternative to youthful 5772 offender or adult sentencing if the court determines not to 5773 impose youthful offender or adult sanctions. 5774 5775 It is the intent of the Legislature that the criteria and 5776 guidelines in this subsection are mandatory and that a 5777 determination of disposition under this subsection is subject to 5778 the right of the child to appellate review under s. 985.534. 5779 Section 92. Subsection (3) of section 921.0022, Florida 5780 Statutes, is amended to read: 5781 921.0022 Criminal Punishment Code; offense severity ranking 5782 chart.— 5783 (3) OFFENSE SEVERITY RANKING CHART 5784 (a) LEVEL 1 5785 5786 FloridaStatute FelonyDegree Description 5787 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. 5788 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 5789 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or moregreater than$300but less than $20,000. 5790 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer. 5791 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate. 5792 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer. 5793 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers. 5794 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification. 5795 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card. 5796 322.212(5)(a) 3rd False application for driver license or identification card. 5797 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. 5798 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits. 5799 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or moregreater than$300. 5800 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 5801562.27(1)3rdPossess still or still apparatus.5802 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or morethan$50. 5803 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). 5804 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret. 5805 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data). 5806 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services. 5807 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony. 5808 826.01 3rd Bigamy. 5809 828.122(3) 3rd Fighting or baiting animals. 5810 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. 5811 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. 5812 832.041(1) 3rd Stopping payment with intent to defraud $150 or more. 5813 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. 5814 838.15(2) 3rd Commercial bribe receiving. 5815 838.16 3rd Commercial bribery. 5816 843.18 3rd Fleeing by boat to elude a law enforcement officer. 5817 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). 5818849.013rdKeeping gambling house.5819 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. 5820 849.23 3rd Gambling-related machines; “common offender” as to property rights. 5821 849.25(2) 3rd Engaging in bookmaking. 5822 860.08 3rd Interfere with a railroad signal. 5823 860.13(1)(a) 3rd Operate aircraft while under the influence. 5824 893.13(2)(a)2. 3rd Purchase of cannabis. 5825 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams). 5826 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication. 5827 (b) LEVEL 2 5828 5829 FloridaStatute FelonyDegree Description 5830 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. 5831 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. 5832 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. 5833 517.07(2) 3rd Failure to furnish a prospectus meeting requirements. 5834 590.28(1) 3rd Intentional burning of lands. 5835 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. 5836 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 5837 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service. 5838 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 5839 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property. 5840 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750$300or more but less than $5,000. 5841 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750$300, taken from unenclosed curtilage of dwelling. 5842 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 5843 817.234(1)(a)2. 3rd False statement in support of insurance claim. 5844 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 5845 817.52(3) 3rd Failure to redeliver hired vehicle. 5846 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 5847 817.60(5) 3rd Dealing in credit cards of another. 5848 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 5849 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months. 5850 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 5851 831.01 3rd Forgery. 5852 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 5853 831.07 3rd Forging bank bills, checks, drafts, or promissory notes. 5854 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts. 5855 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 5856 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 5857 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 5858 843.08 3rd False personation. 5859 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. 5860 893.147(2) 3rd Manufacture or delivery of drug paraphernalia. 5861 (c) LEVEL 3 5862 5863 FloridaStatute FelonyDegree Description 5864 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 5865 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 5866 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 5867 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 5868 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 5869 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 5870 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 5871 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 5872 327.35(2)(b) 3rd Felony BUI. 5873 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 5874 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 5875 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 5876 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. 5877 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. 5878 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 5879 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 5880 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 5881 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report. 5882 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 5883 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 5884 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 5885 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 5886 697.08 3rd Equity skimming. 5887 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 5888 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 5889 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 5890 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 5891 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 5892 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 5893 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 5894 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property. 5895 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 5896 817.233 3rd Burning to defraud insurer. 5897 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 5898 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 5899 817.236 3rd Filing a false motor vehicle insurance application. 5900 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 5901 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 5902 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 5903 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 5904 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 5905 843.19 3rd Injure, disable, or kill police dog or horse. 5906 860.15(3) 3rd Overcharging for repairs and parts. 5907 870.01(2) 3rd Riot; inciting or encouraging. 5908 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). 5909 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. 5910 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. 5911 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 5912 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 5913 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 5914 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 5915 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 5916 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 5917 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. 5918 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. 5919 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 5920 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. 5921 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 5922 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 5923 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 5924 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 5925 (d) LEVEL 4 5926 5927 FloridaStatute FelonyDegree Description 5928 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. 5929 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements. 5930 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 5931 517.07(1) 3rd Failure to register securities. 5932 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register. 5933 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 5934 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 5935 784.075 3rd Battery on detention or commitment facility staff. 5936 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 5937 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 5938 784.081(3) 3rd Battery on specified official or employee. 5939 784.082(3) 3rd Battery by detained person on visitor or other detainee. 5940 784.083(3) 3rd Battery on code inspector. 5941 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 5942 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 5943 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 5944 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 5945 787.07 3rd Human smuggling. 5946 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 5947 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 5948 790.115(2)(c) 3rd Possessing firearm on school property. 5949 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 5950 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 5951 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 5952 810.06 3rd Burglary; possession of tools. 5953 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 5954 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 5955 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items, a will, firearm, motor vehicle, livestock, etc. 5956 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 5957 817.505(4)(a) 3rd Patient brokering. 5958 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 5959 817.568(2)(a) 3rd Fraudulent use of personal identification information. 5960 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder. 5961 817.625(2)(c) 3rd Possess, sell, or deliver skimming device. 5962 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 5963 837.02(1) 3rd Perjury in official proceedings. 5964 837.021(1) 3rd Make contradictory statements in official proceedings. 5965 838.022 3rd Official misconduct. 5966 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 5967 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 5968 843.021 3rd Possession of a concealed handcuff key by a person in custody. 5969 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 5970 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 5971 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 5972 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 5973 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). 5974 914.14(2) 3rd Witnesses accepting bribes. 5975 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 5976 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 5977 918.12 3rd Tampering with jurors. 5978 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 5979 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution. 5980 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. 5981 (e) LEVEL 5 5982 5983 FloridaStatute FelonyDegree Description 5984 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 5985 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 5986 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently. 5987 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 5988 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 5989 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. 5990 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy. 5991 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters. 5992381.0041(11)(b)3rdDonate blood, plasma, or organs knowing HIV positive.5993 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage. 5994 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims. 5995 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums. 5996 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 5997 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 5998 790.01(2) 3rd Carrying a concealed firearm. 5999 790.162 2nd Threat to throw or discharge destructive device. 6000 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner. 6001 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 6002 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 6003 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 6004 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 6005 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 6006 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 6007 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 6008 812.015(8)(a), (c), (d), & (e) 3rd Retail theft; property stolen is valued at $750$300or more and one or more specified acts. 6009 812.019(1) 2nd Stolen property; dealing in or trafficking in. 6010 812.131(2)(b) 3rd Robbery by sudden snatching. 6011 812.16(2) 3rd Owning, operating, or conducting a chop shop. 6012 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 6013 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 6014 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. 6015 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. 6016 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents. 6017 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder. 6018 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 6019 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. 6020 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child. 6021 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 6022 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. 6023 843.01 3rd Resist officer with violence to person; resist arrest with violence. 6024 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 6025 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment. 6026 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 6027 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 6028 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 6029 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). 6030 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. 6031 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. 6032 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. 6033 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. 6034 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance. 6035 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 6036 (f) LEVEL 6 6037 6038 FloridaStatute FelonyDegree Description 6039 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 6040 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 6041 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 6042 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement. 6043 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 6044 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 6045 775.0875(1) 3rd Taking firearm from law enforcement officer. 6046 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 6047 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 6048 784.041 3rd Felony battery; domestic battery by strangulation. 6049 784.048(3) 3rd Aggravated stalking; credible threat. 6050 784.048(5) 3rd Aggravated stalking of person under 16. 6051 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 6052 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 6053 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older. 6054 784.081(2) 2nd Aggravated assault on specified official or employee. 6055 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 6056 784.083(2) 2nd Aggravated assault on code inspector. 6057 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 6058 790.115(2)(d) 2nd Discharging firearm or weapon on school property. 6059 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 6060 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. 6061 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 6062 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 6063 794.05(1) 2nd Unlawful sexual activity with specified minor. 6064 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. 6065 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older. 6066 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 6067 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 6068 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense. 6069 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 6070 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 6071 812.015(9)(a) 2nd Retail theft; property stolen $750$300or more; second or subsequent conviction. 6072 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others. 6073 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 6074 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 6075 817.505(4)(b) 2nd Patient brokering; 10 or more patients. 6076 825.102(1) 3rd Abuse of an elderly person or disabled adult. 6077 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 6078 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 6079 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 6080 827.03(2)(c) 3rd Abuse of a child. 6081 827.03(2)(d) 3rd Neglect of a child. 6082 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 6083 836.05 2nd Threats; extortion. 6084 836.10 2nd Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism. 6085 843.12 3rd Aids or assists person to escape. 6086 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 6087 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 6088 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 6089 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 6090 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. 6091 944.40 2nd Escapes. 6092 944.46 3rd Harboring, concealing, aiding escaped prisoners. 6093 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 6094 951.22(1)(i)951.22(1)3rdIntoxicating drug,Firearm,or weapon introduced into county detention facility. 6095 (g) LEVEL 7 6096 6097 FloridaStatute FelonyDegree Description 6098 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 6099 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 6100 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. 6101 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 6102 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 6103 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 6104 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 6105 456.065(2) 3rd Practicing a health care profession without a license. 6106 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 6107 458.327(1) 3rd Practicing medicine without a license. 6108 459.013(1) 3rd Practicing osteopathic medicine without a license. 6109 460.411(1) 3rd Practicing chiropractic medicine without a license. 6110 461.012(1) 3rd Practicing podiatric medicine without a license. 6111 462.17 3rd Practicing naturopathy without a license. 6112 463.015(1) 3rd Practicing optometry without a license. 6113 464.016(1) 3rd Practicing nursing without a license. 6114 465.015(2) 3rd Practicing pharmacy without a license. 6115 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 6116 467.201 3rd Practicing midwifery without a license. 6117 468.366 3rd Delivering respiratory care services without a license. 6118 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 6119 483.901(7) 3rd Practicing medical physics without a license. 6120 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 6121 484.053 3rd Dispensing hearing aids without a license. 6122 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. 6123 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. 6124 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 6125 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 6126 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 6127 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 6128 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 6129 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 6130 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 6131 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 6132 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 6133 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 6134 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 6135 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 6136 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 6137 784.048(7) 3rd Aggravated stalking; violation of court order. 6138 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 6139 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 6140 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 6141 784.081(1) 1st Aggravated battery on specified official or employee. 6142 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 6143 784.083(1) 1st Aggravated battery on code inspector. 6144 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 6145 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. 6146 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 6147 790.16(1) 1st Discharge of a machine gun under specified circumstances. 6148 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 6149 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 6150 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 6151 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 6152 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 6153 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. 6154 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 6155 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 6156 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 6157 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. 6158 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. 6159 806.01(2) 2nd Maliciously damage structure by fire or explosive. 6160 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 6161 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 6162 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 6163 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 6164 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. 6165 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 6166 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 6167 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 6168 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 6169 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 6170 812.131(2)(a) 2nd Robbery by sudden snatching. 6171 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 6172 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 6173 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 6174 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 6175 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 6176 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. 6177 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 6178 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 6179 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 6180 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. 6181 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 6182 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 6183 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 6184 838.015 2nd Bribery. 6185 838.016 2nd Unlawful compensation or reward for official behavior. 6186 838.021(3)(a) 2nd Unlawful harm to a public servant. 6187 838.22 2nd Bid tampering. 6188 843.0855(2) 3rd Impersonation of a public officer or employee. 6189 843.0855(3) 3rd Unlawful simulation of legal process. 6190 843.0855(4) 3rd Intimidation of a public officer or employee. 6191 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 6192 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 6193 872.06 2nd Abuse of a dead human body. 6194 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 6195 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 6196 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. 6197 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. 6198 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 6199 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 6200 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 6201 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 6202 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams. 6203 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 6204 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 6205 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 6206 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams. 6207 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams. 6208 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 6209 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 6210 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 6211 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 6212 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 6213 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 6214 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams. 6215 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams. 6216 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams. 6217 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 6218 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 6219 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 6220 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 6221 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 6222 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 6223 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 6224 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 6225 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 6226 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 6227 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 6228 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 6229 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 6230 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 6231 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 6232 (h) LEVEL 8 6233 6234 FloridaStatute FelonyDegree Description 6235 316.193 (3)(c)3.a. 2nd DUI manslaughter. 6236 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death. 6237 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 6238 499.0051(6) 1st Knowing trafficking in contraband prescription drugs. 6239 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels. 6240 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. 6241 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. 6242 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. 6243 777.03(2)(a) 1st Accessory after the fact, capital felony. 6244 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. 6245 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). 6246 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information. 6247 782.072(2) 1st Committing vessel homicide and failing to render aid or give information. 6248 787.06(3)(a)1. 1st Human trafficking for labor and services of a child. 6249 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult. 6250 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult. 6251 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. 6252 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. 6253 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage. 6254 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. 6255 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. 6256 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. 6257 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. 6258 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state. 6259 800.04(4)(b) 2nd Lewd or lascivious battery. 6260 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense. 6261 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure. 6262 810.02(2)(a) 1st,PBL Burglary with assault or battery. 6263 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon. 6264 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. 6265 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. 6266 812.13(2)(b) 1st Robbery with a weapon. 6267 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon. 6268 817.505(4)(c) 1st Patient brokering; 20 or more patients. 6269 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense. 6270 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee. 6271 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision. 6272 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. 6273 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18. 6274 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents. 6275 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult. 6276 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult. 6277 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more. 6278 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony. 6279 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony. 6280 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. 6281 860.16 1st Aircraft piracy. 6282 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). 6283 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 6284 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 6285 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. 6286 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams. 6287 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams. 6288 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams. 6289 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams. 6290 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams. 6291 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams. 6292 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms. 6293 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams. 6294 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. 6295 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. 6296 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. 6297 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. 6298 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms. 6299 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams. 6300 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there. 6301 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity. 6302 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. 6303 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity. 6304 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. 6305 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. 6306 (i) LEVEL 9 6307 6308 FloridaStatute FelonyDegree Description 6309 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information. 6310 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information. 6311 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more. 6312 499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm. 6313 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. 6314 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. 6315 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution. 6316 775.0844 1st Aggravated white collar crime. 6317 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder. 6318 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. 6319 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). 6320 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult. 6321 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage. 6322 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony. 6323 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function. 6324 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. 6325 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child. 6326 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien. 6327 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. 6328 790.161 1st Attempted capital destructive device offense. 6329 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction. 6330 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age. 6331 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. 6332 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. 6333 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older. 6334 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years. 6335 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses. 6336 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. 6337 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age. 6338 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. 6339 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon. 6340 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon. 6341 812.135(2)(b) 1st Home-invasion robbery with weapon. 6342 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee. 6343 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision. 6344 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. 6345 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. 6346 827.03(2)(a) 1st Aggravated child abuse. 6347 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor. 6348 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor. 6349 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. 6350 893.135 1st Attempted capital trafficking offense. 6351 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs. 6352 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms. 6353 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. 6354 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms. 6355 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms. 6356 893.135 (1)(c)4.b.(III) 1st Trafficking in fentanyl, 28 grams or more. 6357 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, 400 grams or more. 6358 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, 25 kilograms or more. 6359 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, 200 grams or more. 6360 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. 6361 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more. 6362 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more. 6363 893.135 (1)(m)2.d. 1st Trafficking in synthetic cannabinoids, 30 kilograms or more. 6364 893.135 (1)(n)2.c. 1st Trafficking in n-benzyl phenethylamines, 200 grams or more. 6365 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000. 6366 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. 6367 (j) LEVEL 10 6368 6369 FloridaStatute FelonyDegree Description 6370 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in death. 6371 782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated. 6372 782.07(3) 1st Aggravated manslaughter of a child. 6373 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim. 6374 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. 6375 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. 6376 787.06(4)(a) Life Selling or buying of minors into human trafficking. 6377 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. 6378 812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon. 6379 876.32 1st Treason against the state. 6380 Section 93. For the purpose of incorporating the amendment 6381 made by this act to section 322.056, Florida Statutes, in a 6382 reference thereto, subsection (11) of section 322.05, Florida 6383 Statutes, is reenacted to read: 6384 322.05 Persons not to be licensed.—The department may not 6385 issue a license: 6386 (11) To any person who is ineligible under s. 322.056. 6387 Section 94. For the purpose of incorporating the amendment 6388 made by this act to section 322.34, Florida Statutes, in a 6389 reference thereto, paragraph (c) of subsection (2) of section 6390 316.027, Florida Statutes, is reenacted to read: 6391 316.027 Crash involving death or personal injuries.— 6392 (2) 6393 (c) The driver of a vehicle involved in a crash occurring 6394 on public or private property which results in the death of a 6395 person shall immediately stop the vehicle at the scene of the 6396 crash, or as close thereto as possible, and shall remain at the 6397 scene of the crash until he or she has fulfilled the 6398 requirements of s. 316.062. A person who is arrested for a 6399 violation of this paragraph and who has previously been 6400 convicted of a violation of this section, s. 316.061, s. 6401 316.191, or s. 316.193, or a felony violation of s. 322.34, 6402 shall be held in custody until brought before the court for 6403 admittance to bail in accordance with chapter 903. A person who 6404 willfully violates this paragraph commits a felony of the first 6405 degree, punishable as provided in s. 775.082, s. 775.083, or s. 6406 775.084, and shall be sentenced to a mandatory minimum term of 6407 imprisonment of 4 years. A person who willfully commits such a 6408 violation while driving under the influence as set forth in s. 6409 316.193(1) shall be sentenced to a mandatory minimum term of 6410 imprisonment of 4 years. 6411 Section 95. For the purpose of incorporating the amendment 6412 made by this act to section 322.34, Florida Statutes, in a 6413 reference thereto, paragraph (c) of subsection (4) of section 6414 907.041, Florida Statutes, is reenacted to read: 6415 907.041 Pretrial detention and release.— 6416 (4) PRETRIAL DETENTION.— 6417 (c) The court may order pretrial detention if it finds a 6418 substantial probability, based on a defendant’s past and present 6419 patterns of behavior, the criteria in s. 903.046, and any other 6420 relevant facts, that any of the following circumstances exist: 6421 1. The defendant has previously violated conditions of 6422 release and that no further conditions of release are reasonably 6423 likely to assure the defendant’s appearance at subsequent 6424 proceedings; 6425 2. The defendant, with the intent to obstruct the judicial 6426 process, has threatened, intimidated, or injured any victim, 6427 potential witness, juror, or judicial officer, or has attempted 6428 or conspired to do so, and that no condition of release will 6429 reasonably prevent the obstruction of the judicial process; 6430 3. The defendant is charged with trafficking in controlled 6431 substances as defined by s. 893.135, that there is a substantial 6432 probability that the defendant has committed the offense, and 6433 that no conditions of release will reasonably assure the 6434 defendant’s appearance at subsequent criminal proceedings; 6435 4. The defendant is charged with DUI manslaughter, as 6436 defined by s. 316.193, and that there is a substantial 6437 probability that the defendant committed the crime and that the 6438 defendant poses a threat of harm to the community; conditions 6439 that would support a finding by the court pursuant to this 6440 subparagraph that the defendant poses a threat of harm to the 6441 community include, but are not limited to, any of the following: 6442 a. The defendant has previously been convicted of any crime 6443 under s. 316.193, or of any crime in any other state or 6444 territory of the United States that is substantially similar to 6445 any crime under s. 316.193; 6446 b. The defendant was driving with a suspended driver 6447 license when the charged crime was committed; or 6448 c. The defendant has previously been found guilty of, or 6449 has had adjudication of guilt withheld for, driving while the 6450 defendant’s driver license was suspended or revoked in violation 6451 of s. 322.34; 6452 5. The defendant poses the threat of harm to the community. 6453 The court may so conclude, if it finds that the defendant is 6454 presently charged with a dangerous crime, that there is a 6455 substantial probability that the defendant committed such crime, 6456 that the factual circumstances of the crime indicate a disregard 6457 for the safety of the community, and that there are no 6458 conditions of release reasonably sufficient to protect the 6459 community from the risk of physical harm to persons; 6460 6. The defendant was on probation, parole, or other release 6461 pending completion of sentence or on pretrial release for a 6462 dangerous crime at the time the current offense was committed; 6463 7. The defendant has violated one or more conditions of 6464 pretrial release or bond for the offense currently before the 6465 court and the violation, in the discretion of the court, 6466 supports a finding that no conditions of release can reasonably 6467 protect the community from risk of physical harm to persons or 6468 assure the presence of the accused at trial; or 6469 8.a. The defendant has ever been sentenced pursuant to s. 6470 775.082(9) or s. 775.084 as a prison releasee reoffender, 6471 habitual violent felony offender, three-time violent felony 6472 offender, or violent career criminal, or the state attorney 6473 files a notice seeking that the defendant be sentenced pursuant 6474 to s. 775.082(9) or s. 775.084, as a prison releasee reoffender, 6475 habitual violent felony offender, three-time violent felony 6476 offender, or violent career criminal; 6477 b. There is a substantial probability that the defendant 6478 committed the offense; and 6479 c. There are no conditions of release that can reasonably 6480 protect the community from risk of physical harm or ensure the 6481 presence of the accused at trial. 6482 Section 96. For the purpose of incorporating the amendment 6483 made by this act to section 394.47891, Florida Statutes, in a 6484 reference thereto, subsection (5) of section 910.035, Florida 6485 Statutes, is reenacted to read: 6486 910.035 Transfer from county for plea, sentence, or 6487 participation in a problem-solving court.— 6488 (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.— 6489 (a) For purposes of this subsection, the term “problem 6490 solving court” means a drug court pursuant to s. 948.01, s. 6491 948.06, s. 948.08, s. 948.16, or s. 948.20; a military veterans’ 6492 and servicemembers’ court pursuant to s. 394.47891, s. 948.08, 6493 s. 948.16, or s. 948.21; a mental health court program pursuant 6494 to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; 6495 or a delinquency pretrial intervention court program pursuant to 6496 s. 985.345. 6497 (b) Any person eligible for participation in a problem 6498 solving court shall, upon request by the person or a court, have 6499 the case transferred to a county other than that in which the 6500 charge arose if the person agrees to the transfer, the 6501 authorized representative of the trial court consults with the 6502 authorized representative of the problem-solving court in the 6503 county to which transfer is desired, and both representatives 6504 agree to the transfer. 6505 (c) If all parties agree to the transfer as required by 6506 paragraph (b), the trial court shall enter a transfer order 6507 directing the clerk to transfer the case to the county which has 6508 accepted the defendant into its problem-solving court. 6509 (d)1. When transferring a pretrial problem-solving court 6510 case, the transfer order shall include a copy of the probable 6511 cause affidavit; any charging documents in the case; all 6512 reports, witness statements, test results, evidence lists, and 6513 other documents in the case; the defendant’s mailing address and 6514 telephone number; and the defendant’s written consent to abide 6515 by the rules and procedures of the receiving county’s problem 6516 solving court. 6517 2. When transferring a postadjudicatory problem-solving 6518 court case, the transfer order shall include a copy of the 6519 charging documents in the case; the final disposition; all 6520 reports, test results, and other documents in the case; the 6521 defendant’s mailing address and telephone number; and the 6522 defendant’s written consent to abide by the rules and procedures 6523 of the receiving county’s problem-solving court. 6524 (e) After the transfer takes place, the receiving clerk 6525 shall set the matter for a hearing before the problem-solving 6526 court in the receiving jurisdiction to ensure the defendant’s 6527 entry into the problem-solving court. 6528 (f) Upon successful completion of the problem-solving court 6529 program, the jurisdiction to which the case has been transferred 6530 shall dispose of the case. If the defendant does not complete 6531 the problem-solving court program successfully, the jurisdiction 6532 to which the case has been transferred shall dispose of the case 6533 within the guidelines of the Criminal Punishment Code. 6534 Section 97. For the purpose of incorporating the amendment 6535 made by this act to section 509.151, Florida Statutes, in a 6536 reference thereto, section 509.161, Florida Statutes, is 6537 reenacted to read: 6538 509.161 Rules of evidence in prosecutions.—In prosecutions 6539 under s. 509.151, proof that lodging, food, or other 6540 accommodations were obtained by false pretense; by false or 6541 fictitious show of baggage or other property; by absconding 6542 without paying or offering to pay for such food, lodging, or 6543 accommodations; or by surreptitiously removing or attempting to 6544 remove baggage shall constitute prima facie evidence of 6545 fraudulent intent. If the operator of the establishment has 6546 probable cause to believe, and does believe, that any person has 6547 obtained food, lodging, or other accommodations at such 6548 establishment with intent to defraud the operator thereof, the 6549 failure to make payment upon demand therefor, there being no 6550 dispute as to the amount owed, shall constitute prima facie 6551 evidence of fraudulent intent in such prosecutions. 6552 Section 98. For the purpose of incorporating the amendment 6553 made by this act to section 784.048, Florida Statutes, in a 6554 reference thereto, paragraph (c) of subsection (2) of section 6555 790.065, Florida Statutes, is reenacted to read: 6556 790.065 Sale and delivery of firearms.— 6557 (2) Upon receipt of a request for a criminal history record 6558 check, the Department of Law Enforcement shall, during the 6559 licensee’s call or by return call, forthwith: 6560 (c)1. Review any records available to it to determine 6561 whether the potential buyer or transferee has been indicted or 6562 has had an information filed against her or him for an offense 6563 that is a felony under either state or federal law, or, as 6564 mandated by federal law, has had an injunction for protection 6565 against domestic violence entered against the potential buyer or 6566 transferee under s. 741.30, has had an injunction for protection 6567 against repeat violence entered against the potential buyer or 6568 transferee under s. 784.046, or has been arrested for a 6569 dangerous crime as specified in s. 907.041(4)(a) or for any of 6570 the following enumerated offenses: 6571 a. Criminal anarchy under ss. 876.01 and 876.02. 6572 b. Extortion under s. 836.05. 6573 c. Explosives violations under s. 552.22(1) and (2). 6574 d. Controlled substances violations under chapter 893. 6575 e. Resisting an officer with violence under s. 843.01. 6576 f. Weapons and firearms violations under this chapter. 6577 g. Treason under s. 876.32. 6578 h. Assisting self-murder under s. 782.08. 6579 i. Sabotage under s. 876.38. 6580 j. Stalking or aggravated stalking under s. 784.048. 6581 6582 If the review indicates any such indictment, information, or 6583 arrest, the department shall provide to the licensee a 6584 conditional nonapproval number. 6585 2. Within 24 working hours, the department shall determine 6586 the disposition of the indictment, information, or arrest and 6587 inform the licensee as to whether the potential buyer is 6588 prohibited from receiving or possessing a firearm. For purposes 6589 of this paragraph, “working hours” means the hours from 8 a.m. 6590 to 5 p.m. Monday through Friday, excluding legal holidays. 6591 3. The office of the clerk of court, at no charge to the 6592 department, shall respond to any department request for data on 6593 the disposition of the indictment, information, or arrest as 6594 soon as possible, but in no event later than 8 working hours. 6595 4. The department shall determine as quickly as possible 6596 within the allotted time period whether the potential buyer is 6597 prohibited from receiving or possessing a firearm. 6598 5. If the potential buyer is not so prohibited, or if the 6599 department cannot determine the disposition information within 6600 the allotted time period, the department shall provide the 6601 licensee with a conditional approval number. 6602 6. If the buyer is so prohibited, the conditional 6603 nonapproval number shall become a nonapproval number. 6604 7. The department shall continue its attempts to obtain the 6605 disposition information and may retain a record of all approval 6606 numbers granted without sufficient disposition information. If 6607 the department later obtains disposition information which 6608 indicates: 6609 a. That the potential buyer is not prohibited from owning a 6610 firearm, it shall treat the record of the transaction in 6611 accordance with this section; or 6612 b. That the potential buyer is prohibited from owning a 6613 firearm, it shall immediately revoke the conditional approval 6614 number and notify local law enforcement. 6615 8. During the time that disposition of the indictment, 6616 information, or arrest is pending and until the department is 6617 notified by the potential buyer that there has been a final 6618 disposition of the indictment, information, or arrest, the 6619 conditional nonapproval number shall remain in effect. 6620 Section 99. For the purpose of incorporating the amendment 6621 made by this act to section 784.048, Florida Statutes, in a 6622 reference thereto, subsection (1) of section 794.056, Florida 6623 Statutes, is reenacted to read: 6624 794.056 Rape Crisis Program Trust Fund.— 6625 (1) The Rape Crisis Program Trust Fund is created within 6626 the Department of Health for the purpose of providing funds for 6627 rape crisis centers in this state. Trust fund moneys shall be 6628 used exclusively for the purpose of providing services for 6629 victims of sexual assault. Funds credited to the trust fund 6630 consist of those funds collected as an additional court 6631 assessment in each case in which a defendant pleads guilty or 6632 nolo contendere to, or is found guilty of, regardless of 6633 adjudication, an offense provided in s. 775.21(6) and (10)(a), 6634 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 6635 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 6636 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s. 6637 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; 6638 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 6639 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 6640 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s. 6641 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 6642 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), 6643 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust 6644 fund also shall include revenues provided by law, moneys 6645 appropriated by the Legislature, and grants from public or 6646 private entities. 6647 Section 100. For the purpose of incorporating the amendment 6648 made by this act to section 784.048, Florida Statutes, in a 6649 reference thereto, subsection (4) of section 847.0141, Florida 6650 Statutes, is reenacted to read: 6651 847.0141 Sexting; prohibited acts; penalties.— 6652 (4) This section does not prohibit the prosecution of a 6653 minor for a violation of any law of this state if the photograph 6654 or video that depicts nudity also includes the depiction of 6655 sexual conduct or sexual excitement, and does not prohibit the 6656 prosecution of a minor for stalking under s. 784.048. 6657 Section 101. For the purpose of incorporating the amendment 6658 made by this act to section 784.048, Florida Statutes, in a 6659 reference thereto, subsection (5) of section 901.41, Florida 6660 Statutes, is reenacted to read: 6661 901.41 Prearrest diversion programs.— 6662 (5) ELIGIBILITY.—A violent misdemeanor, a misdemeanor crime 6663 of domestic violence, as defined in s. 741.28, or a misdemeanor 6664 under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048, 6665 s. 784.0487, or s. 784.049 does not qualify for a civil citation 6666 or prearrest diversion program. 6667 Section 102. For the purpose of incorporating the amendment 6668 made by this act to section 784.048, Florida Statutes, in a 6669 reference thereto, section 938.08, Florida Statutes, is 6670 reenacted to read: 6671 938.08 Additional cost to fund programs in domestic 6672 violence.—In addition to any sanction imposed for a violation of 6673 s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 6674 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s. 6675 784.083, s. 784.085, s. 794.011, or for any offense of domestic 6676 violence described in s. 741.28, the court shall impose a 6677 surcharge of $201. Payment of the surcharge shall be a condition 6678 of probation, community control, or any other court-ordered 6679 supervision. The sum of $85 of the surcharge shall be deposited 6680 into the Domestic Violence Trust Fund established in s. 741.01. 6681 The clerk of the court shall retain $1 of each surcharge that 6682 the clerk of the court collects as a service charge of the 6683 clerk’s office. The remainder of the surcharge shall be provided 6684 to the governing board of the county and must be used only to 6685 defray the costs of incarcerating persons sentenced under s. 6686 741.283 and provide additional training to law enforcement 6687 personnel in combating domestic violence. 6688 Section 103. For the purpose of incorporating the amendment 6689 made by this act to section 784.048, Florida Statutes, in a 6690 reference thereto, section 938.085, Florida Statutes, is 6691 reenacted to read: 6692 938.085 Additional cost to fund rape crisis centers.—In 6693 addition to any sanction imposed when a person pleads guilty or 6694 nolo contendere to, or is found guilty of, regardless of 6695 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and 6696 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045; 6697 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 6698 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s. 6699 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 6700 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 6701 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 6702 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s. 6703 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 6704 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and 6705 (14)(c); or s. 985.701(1), the court shall impose a surcharge of 6706 $151. Payment of the surcharge shall be a condition of 6707 probation, community control, or any other court-ordered 6708 supervision. The sum of $150 of the surcharge shall be deposited 6709 into the Rape Crisis Program Trust Fund established within the 6710 Department of Health by chapter 2003-140, Laws of Florida. The 6711 clerk of the court shall retain $1 of each surcharge that the 6712 clerk of the court collects as a service charge of the clerk’s 6713 office. 6714 Section 104. For the purpose of incorporating the amendment 6715 made by this act to section 784.048, Florida Statutes, in a 6716 reference thereto, paragraph (g) of subsection (2) of section 6717 943.325, Florida Statutes, is reenacted to read: 6718 943.325 DNA database.— 6719 (2) DEFINITIONS.—As used in this section, the term: 6720 (g) “Qualifying offender” means any person, including 6721 juveniles and adults, who is: 6722 1.a. Committed to a county jail; 6723 b. Committed to or under the supervision of the Department 6724 of Corrections, including persons incarcerated in a private 6725 correctional institution operated under contract pursuant to s. 6726 944.105; 6727 c. Committed to or under the supervision of the Department 6728 of Juvenile Justice; 6729 d. Transferred to this state under the Interstate Compact 6730 on Juveniles, part XIII of chapter 985; or 6731 e. Accepted under Article IV of the Interstate Corrections 6732 Compact, part III of chapter 941; and who is: 6733 2.a. Convicted of any felony offense or attempted felony 6734 offense in this state or of a similar offense in another 6735 jurisdiction; 6736 b. Convicted of a misdemeanor violation of s. 784.048, s. 6737 810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an 6738 offense that was found, pursuant to s. 874.04, to have been 6739 committed for the purpose of benefiting, promoting, or 6740 furthering the interests of a criminal gang as defined in s. 6741 874.03; or 6742 c. Arrested for any felony offense or attempted felony 6743 offense in this state. 6744 Section 105. For the purpose of incorporating the amendment 6745 made by this act to section 784.048, Florida Statutes, in a 6746 reference thereto, paragraph (c) of subsection (8) of section 6747 948.06, Florida Statutes, is reenacted to read: 6748 948.06 Violation of probation or community control; 6749 revocation; modification; continuance; failure to pay 6750 restitution or cost of supervision.— 6751 (8) 6752 (c) For purposes of this section, the term “qualifying 6753 offense” means any of the following: 6754 1. Kidnapping or attempted kidnapping under s. 787.01, 6755 false imprisonment of a child under the age of 13 under s. 6756 787.02(3), or luring or enticing a child under s. 787.025(2)(b) 6757 or (c). 6758 2. Murder or attempted murder under s. 782.04, attempted 6759 felony murder under s. 782.051, or manslaughter under s. 782.07. 6760 3. Aggravated battery or attempted aggravated battery under 6761 s. 784.045. 6762 4. Sexual battery or attempted sexual battery under s. 6763 794.011(2), (3), (4), or (8)(b) or (c). 6764 5. Lewd or lascivious battery or attempted lewd or 6765 lascivious battery under s. 800.04(4), lewd or lascivious 6766 molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious 6767 conduct under s. 800.04(6)(b), lewd or lascivious exhibition 6768 under s. 800.04(7)(b), or lewd or lascivious exhibition on 6769 computer under s. 847.0135(5)(b). 6770 6. Robbery or attempted robbery under s. 812.13, carjacking 6771 or attempted carjacking under s. 812.133, or home invasion 6772 robbery or attempted home invasion robbery under s. 812.135. 6773 7. Lewd or lascivious offense upon or in the presence of an 6774 elderly or disabled person or attempted lewd or lascivious 6775 offense upon or in the presence of an elderly or disabled person 6776 under s. 825.1025. 6777 8. Sexual performance by a child or attempted sexual 6778 performance by a child under s. 827.071. 6779 9. Computer pornography under s. 847.0135(2) or (3), 6780 transmission of child pornography under s. 847.0137, or selling 6781 or buying of minors under s. 847.0145. 6782 10. Poisoning food or water under s. 859.01. 6783 11. Abuse of a dead human body under s. 872.06. 6784 12. Any burglary offense or attempted burglary offense that 6785 is either a first degree felony or second degree felony under s. 6786 810.02(2) or (3). 6787 13. Arson or attempted arson under s. 806.01(1). 6788 14. Aggravated assault under s. 784.021. 6789 15. Aggravated stalking under s. 784.048(3), (4), (5), or 6790 (7). 6791 16. Aircraft piracy under s. 860.16. 6792 17. Unlawful throwing, placing, or discharging of a 6793 destructive device or bomb under s. 790.161(2), (3), or (4). 6794 18. Treason under s. 876.32. 6795 19. Any offense committed in another jurisdiction which 6796 would be an offense listed in this paragraph if that offense had 6797 been committed in this state. 6798 Section 106. For the purpose of incorporating the amendment 6799 made by this act to section 784.048, Florida Statutes, in a 6800 reference thereto, subsection (1) of section 948.062, Florida 6801 Statutes, is reenacted to read: 6802 948.062 Reviewing and reporting serious offenses committed 6803 by offenders placed on probation or community control.— 6804 (1) The department shall review the circumstances related 6805 to an offender placed on probation or community control who has 6806 been arrested while on supervision for the following offenses: 6807 (a) Any murder as provided in s. 782.04; 6808 (b) Any sexual battery as provided in s. 794.011 or s. 6809 794.023; 6810 (c) Any sexual performance by a child as provided in s. 6811 827.071; 6812 (d) Any kidnapping, false imprisonment, or luring of a 6813 child as provided in s. 787.01, s. 787.02, or s. 787.025; 6814 (e) Any lewd and lascivious battery or lewd and lascivious 6815 molestation as provided in s. 800.04(4) or (5); 6816 (f) Any aggravated child abuse as provided in s. 6817 827.03(2)(a); 6818 (g) Any robbery with a firearm or other deadly weapon, home 6819 invasion robbery, or carjacking as provided in s. 812.13(2)(a), 6820 s. 812.135, or s. 812.133; 6821 (h) Any aggravated stalking as provided in s. 784.048(3), 6822 (4), or (5); 6823 (i) Any forcible felony as provided in s. 776.08, committed 6824 by a person on probation or community control who is designated 6825 as a sexual predator; or 6826 (j) Any DUI manslaughter as provided in s. 316.193(3)(c), 6827 or vehicular or vessel homicide as provided in s. 782.071 or s. 6828 782.072, committed by a person who is on probation or community 6829 control for an offense involving death or injury resulting from 6830 a driving incident. 6831 Section 107. For the purpose of incorporating the amendment 6832 made by this act to section 784.048, Florida Statutes, in a 6833 reference thereto, paragraph (b) of subsection (1) of section 6834 960.001, Florida Statutes, is reenacted to read: 6835 960.001 Guidelines for fair treatment of victims and 6836 witnesses in the criminal justice and juvenile justice systems.— 6837 (1) The Department of Legal Affairs, the state attorneys, 6838 the Department of Corrections, the Department of Juvenile 6839 Justice, the Florida Commission on Offender Review, the State 6840 Courts Administrator and circuit court administrators, the 6841 Department of Law Enforcement, and every sheriff’s department, 6842 police department, or other law enforcement agency as defined in 6843 s. 943.10(4) shall develop and implement guidelines for the use 6844 of their respective agencies, which guidelines are consistent 6845 with the purposes of this act and s. 16(b), Art. I of the State 6846 Constitution and are designed to implement s. 16(b), Art. I of 6847 the State Constitution and to achieve the following objectives: 6848 (b) Information for purposes of notifying victim or 6849 appropriate next of kin of victim or other designated contact of 6850 victim.—In the case of a homicide, pursuant to chapter 782; or a 6851 sexual offense, pursuant to chapter 794; or an attempted murder 6852 or sexual offense, pursuant to chapter 777; or stalking, 6853 pursuant to s. 784.048; or domestic violence, pursuant to s. 6854 25.385: 6855 1. The arresting law enforcement officer or personnel of an 6856 organization that provides assistance to a victim or to the 6857 appropriate next of kin of the victim or other designated 6858 contact must request that the victim or appropriate next of kin 6859 of the victim or other designated contact complete a victim 6860 notification card. However, the victim or appropriate next of 6861 kin of the victim or other designated contact may choose not to 6862 complete the victim notification card. 6863 2. Unless the victim or the appropriate next of kin of the 6864 victim or other designated contact waives the option to complete 6865 the victim notification card, a copy of the victim notification 6866 card must be filed with the incident report or warrant in the 6867 sheriff’s office of the jurisdiction in which the incident 6868 report or warrant originated. The notification card shall, at a 6869 minimum, consist of: 6870 a. The name, address, and phone number of the victim; or 6871 b. The name, address, and phone number of the appropriate 6872 next of kin of the victim; or 6873 c. The name, address, and telephone number of a designated 6874 contact other than the victim or appropriate next of kin of the 6875 victim; and 6876 d. Any relevant identification or case numbers assigned to 6877 the case. 6878 3. The chief administrator, or a person designated by the 6879 chief administrator, of a county jail, municipal jail, juvenile 6880 detention facility, or residential commitment facility shall 6881 make a reasonable attempt to notify the alleged victim or 6882 appropriate next of kin of the alleged victim or other 6883 designated contact within 4 hours following the release of the 6884 defendant on bail or, in the case of a juvenile offender, upon 6885 the release from residential detention or commitment. If the 6886 chief administrator, or designee, is unable to contact the 6887 alleged victim or appropriate next of kin of the alleged victim 6888 or other designated contact by telephone, the chief 6889 administrator, or designee, must send to the alleged victim or 6890 appropriate next of kin of the alleged victim or other 6891 designated contact a written notification of the defendant’s 6892 release. 6893 4. Unless otherwise requested by the victim or the 6894 appropriate next of kin of the victim or other designated 6895 contact, the information contained on the victim notification 6896 card must be sent by the chief administrator, or designee, of 6897 the appropriate facility to the subsequent correctional or 6898 residential commitment facility following the sentencing and 6899 incarceration of the defendant, and unless otherwise requested 6900 by the victim or the appropriate next of kin of the victim or 6901 other designated contact, he or she must be notified of the 6902 release of the defendant from incarceration as provided by law. 6903 5. If the defendant was arrested pursuant to a warrant 6904 issued or taken into custody pursuant to s. 985.101 in a 6905 jurisdiction other than the jurisdiction in which the defendant 6906 is being released, and the alleged victim or appropriate next of 6907 kin of the alleged victim or other designated contact does not 6908 waive the option for notification of release, the chief 6909 correctional officer or chief administrator of the facility 6910 releasing the defendant shall make a reasonable attempt to 6911 immediately notify the chief correctional officer of the 6912 jurisdiction in which the warrant was issued or the juvenile was 6913 taken into custody pursuant to s. 985.101, and the chief 6914 correctional officer of that jurisdiction shall make a 6915 reasonable attempt to notify the alleged victim or appropriate 6916 next of kin of the alleged victim or other designated contact, 6917 as provided in this paragraph, that the defendant has been or 6918 will be released. 6919 Section 108. For the purpose of incorporating the amendment 6920 made by this act to section 784.048, Florida Statutes, in a 6921 reference thereto, paragraph (b) of subsection (3) of section 6922 985.265, Florida Statutes, is reenacted to read: 6923 985.265 Detention transfer and release; education; adult 6924 jails.— 6925 (3) 6926 (b) When a juvenile is released from secure detention or 6927 transferred to nonsecure detention, detention staff shall 6928 immediately notify the appropriate law enforcement agency, 6929 school personnel, and victim if the juvenile is charged with 6930 committing any of the following offenses or attempting to commit 6931 any of the following offenses: 6932 1. Murder, under s. 782.04; 6933 2. Sexual battery, under chapter 794; 6934 3. Stalking, under s. 784.048; or 6935 4. Domestic violence, as defined in s. 741.28. 6936 Section 109. For the purpose of incorporating the amendment 6937 made by this act to section 784.048, Florida Statutes, in a 6938 reference thereto, paragraph (e) of subsection (3) of section 6939 1006.147, Florida Statutes, is reenacted to read: 6940 1006.147 Bullying and harassment prohibited.— 6941 (3) For purposes of this section: 6942 (e) Definitions in s. 815.03 and the definition in s. 6943 784.048(1)(d) relating to stalking are applicable to this 6944 section. 6945 Section 110. For the purpose of incorporating the amendment 6946 made by this act to section 806.13, Florida Statutes, in a 6947 reference thereto, subsection (1) of section 316.0775, Florida 6948 Statutes, is reenacted to read: 6949 316.0775 Interference with official traffic control devices 6950 or railroad signs or signals.— 6951 (1) A person may not, without lawful authority, attempt to 6952 or in fact alter, deface, injure, knock down, or remove any 6953 official traffic control device or any railroad sign or signal 6954 or any inscription, shield, or insignia thereon, or any other 6955 part thereof. A violation of this subsection is a criminal 6956 violation pursuant to s. 318.17 and shall be punishable as set 6957 forth in s. 806.13 related to criminal mischief and graffiti, 6958 beginning on or after July 1, 2000. 6959 Section 111. For the purpose of incorporating the amendment 6960 made by this act to section 812.014, Florida Statutes, in a 6961 reference thereto, subsection (10) of section 95.18, Florida 6962 Statutes, is reenacted to read: 6963 95.18 Real property actions; adverse possession without 6964 color of title.— 6965 (10) A person who occupies or attempts to occupy a 6966 residential structure solely by claim of adverse possession 6967 under this section and offers the property for lease to another 6968 commits theft under s. 812.014. 6969 Section 112. For the purpose of incorporating the amendment 6970 made by this act to section 812.014, Florida Statutes, in a 6971 reference thereto, paragraph (c) of subsection (3) of section 6972 373.6055, Florida Statutes, is reenacted to read: 6973 373.6055 Criminal history checks for certain water 6974 management district employees and others.— 6975 (3) 6976 (c) In addition to other requirements for employment or 6977 access established by any water management district pursuant to 6978 its water management district’s security plan for buildings, 6979 facilities, and structures, each water management district’s 6980 security plan shall provide that: 6981 1. Any person who has within the past 7 years been 6982 convicted, regardless of whether adjudication was withheld, for 6983 a forcible felony as defined in s. 776.08; an act of terrorism 6984 as defined in s. 775.30; planting of a hoax bomb as provided in 6985 s. 790.165; any violation involving the manufacture, possession, 6986 sale, delivery, display, use, or attempted or threatened use of 6987 a weapon of mass destruction or hoax weapon of mass destruction 6988 as provided in s. 790.166; dealing in stolen property; any 6989 violation of s. 893.135; any violation involving the sale, 6990 manufacturing, delivery, or possession with intent to sell, 6991 manufacture, or deliver a controlled substance; burglary; 6992 robbery; any felony violation of s. 812.014; any violation of s. 6993 790.07; any crime an element of which includes use or possession 6994 of a firearm; any conviction for any similar offenses under the 6995 laws of another jurisdiction; or conviction for conspiracy to 6996 commit any of the listed offenses may not be qualified for 6997 initial employment within or authorized regular access to 6998 buildings, facilities, or structures defined in the water 6999 management district’s security plan as restricted access areas. 7000 2. Any person who has at any time been convicted of any of 7001 the offenses listed in subparagraph 1. may not be qualified for 7002 initial employment within or authorized regular access to 7003 buildings, facilities, or structures defined in the water 7004 management district’s security plan as restricted access areas 7005 unless, after release from incarceration and any supervision 7006 imposed as a sentence, the person remained free from a 7007 subsequent conviction, regardless of whether adjudication was 7008 withheld, for any of the listed offenses for a period of at 7009 least 7 years prior to the employment or access date under 7010 consideration. 7011 Section 113. For the purpose of incorporating the amendment 7012 made by this act to section 812.014, Florida Statutes, in a 7013 reference thereto, subsection (3) of section 400.9935, Florida 7014 Statutes, is reenacted to read: 7015 400.9935 Clinic responsibilities.— 7016 (3) A charge or reimbursement claim made by or on behalf of 7017 a clinic that is required to be licensed under this part but 7018 that is not so licensed, or that is otherwise operating in 7019 violation of this part, regardless of whether a service is 7020 rendered or whether the charge or reimbursement claim is paid, 7021 is an unlawful charge and is noncompensable and unenforceable. A 7022 person who knowingly makes or causes to be made an unlawful 7023 charge commits theft within the meaning of and punishable as 7024 provided in s. 812.014. 7025 Section 114. For the purpose of incorporating the amendment 7026 made by this act to section 812.014, Florida Statutes, in a 7027 reference thereto, subsection (10) of section 550.6305, Florida 7028 Statutes, is reenacted to read: 7029 550.6305 Intertrack wagering; guest track payments; 7030 accounting rules.— 7031 (10) All races or games conducted at a permitholder’s 7032 facility, all broadcasts of such races or games, and all 7033 broadcast rights relating thereto are owned by the permitholder 7034 at whose facility such races or games are conducted and 7035 constitute the permitholder’s property as defined in s. 7036 812.012(4). Transmission, reception of a transmission, 7037 exhibition, use, or other appropriation of such races or games, 7038 broadcasts of such races or games, or broadcast rights relating 7039 thereto without the written consent of the permitholder 7040 constitutes a theft of such property under s. 812.014; and in 7041 addition to the penal sanctions contained in s. 812.014, the 7042 permitholder has the right to avail itself of the civil remedies 7043 specified in ss. 772.104, 772.11, and 812.035 in addition to any 7044 other remedies available under applicable state or federal law. 7045 Section 115. For the purpose of incorporating the amendment 7046 made by this act to section 812.014, Florida Statutes, in a 7047 reference thereto, subsection (2) of section 627.743, Florida 7048 Statutes, is reenacted to read: 7049 627.743 Payment of third-party claims.— 7050 (2) When making any payment on a third party claim for 7051 damage to an automobile for a partial loss, the insurer shall 7052 have printed on the loss estimate, if prepared by the insurer, 7053 the following: “Failure to use the insurance proceeds in 7054 accordance with the security agreement, if any, could be a 7055 violation of s. 812.014, Florida Statutes. If you have any 7056 questions, contact your lending institution.” However, this 7057 subsection does not apply if the insurer does not prepare the 7058 loss estimate. 7059 Section 116. For the purpose of incorporating the amendment 7060 made by this act to section 812.014, Florida Statutes, in a 7061 reference thereto, subsection (2) of section 634.421, Florida 7062 Statutes, is reenacted to read: 7063 634.421 Reporting and accounting for funds.— 7064 (2) Any sales representative who, not being entitled 7065 thereto, diverts or appropriates funds or any portion thereof to 7066 her or his own use commits theft as provided in s. 812.014. 7067 Section 117. For the purpose of incorporating the amendment 7068 made by this act to section 812.014, Florida Statutes, in a 7069 reference thereto, subsection (2) of section 642.038, Florida 7070 Statutes, is reenacted to read: 7071 642.038 Reporting and accounting for funds.— 7072 (2) Any sales representative who, not being entitled 7073 thereto, diverts or appropriates such funds or any portion 7074 thereof to his or her own use commits theft as provided in s. 7075 812.014. 7076 Section 118. For the purpose of incorporating the amendment 7077 made by this act to section 812.014, Florida Statutes, in a 7078 reference thereto, subsection (4) of section 705.102, Florida 7079 Statutes, is reenacted to read: 7080 705.102 Reporting lost or abandoned property.— 7081 (4) Any person who unlawfully appropriates such lost or 7082 abandoned property to his or her own use or refuses to deliver 7083 such property when required commits theft as defined in s. 7084 812.014, punishable as provided in s. 775.082, s. 775.083, or s. 7085 775.084. 7086 Section 119. For the purpose of incorporating the amendment 7087 made by this act to section 812.014, Florida Statutes, in a 7088 reference thereto, subsection (7) of section 812.14, Florida 7089 Statutes, is reenacted to read: 7090 812.14 Trespass and larceny with relation to utility 7091 fixtures; theft of utility services.— 7092 (7) An owner, lessor, or sublessor who willfully violates 7093 subsection (5) commits a misdemeanor of the first degree, 7094 punishable as provided in s. 775.082 or s. 775.083. Prosecution 7095 for a violation of subsection (5) does not preclude prosecution 7096 for theft pursuant to subsection (8) or s. 812.014. 7097 Section 120. For the purpose of incorporating the amendment 7098 made by this act to section 812.014, Florida Statutes, in a 7099 reference thereto, subsection (3) of section 893.138, Florida 7100 Statutes, is reenacted to read: 7101 893.138 Local administrative action to abate drug-related, 7102 prostitution-related, or stolen-property-related public 7103 nuisances and criminal gang activity.— 7104 (3) Any pain-management clinic, as described in s. 458.3265 7105 or s. 459.0137, which has been used on more than two occasions 7106 within a 6-month period as the site of a violation of: 7107 (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045, 7108 relating to assault and battery; 7109 (b) Section 810.02, relating to burglary; 7110 (c) Section 812.014, relating to theft; 7111 (d) Section 812.131, relating to robbery by sudden 7112 snatching; or 7113 (e) Section 893.13, relating to the unlawful distribution 7114 of controlled substances, 7115 7116 may be declared to be a public nuisance, and such nuisance may 7117 be abated pursuant to the procedures provided in this section. 7118 Section 121. For the purpose of incorporating the amendment 7119 made by this act to section 812.015, Florida Statutes, in a 7120 reference thereto, subsection (5) of section 538.09, Florida 7121 Statutes, is reenacted to read: 7122 538.09 Registration.— 7123 (5) In addition to the fine provided in subsection (4), 7124 registration under this section may be denied or any 7125 registration granted may be revoked, restricted, or suspended by 7126 the department if the department determines that the applicant 7127 or registrant: 7128 (a) Has violated any provision of this chapter or any rule 7129 or order made pursuant to this chapter; 7130 (b) Has made a material false statement in the application 7131 for registration; 7132 (c) Has been guilty of a fraudulent act in connection with 7133 any purchase or sale or has been or is engaged in or is about to 7134 engage in any practice, purchase, or sale which is fraudulent or 7135 in violation of the law; 7136 (d) Has made a misrepresentation or false statement to, or 7137 concealed any essential or material fact from, any person in 7138 making any purchase or sale; 7139 (e) Is making purchases or sales through any business 7140 associate not registered in compliance with the provisions of 7141 this chapter; 7142 (f) Has, within the preceding 10-year period for new 7143 registrants who apply for registration on or after October 1, 7144 2006, been convicted of, or has entered a plea of guilty or nolo 7145 contendere to, or had adjudication withheld for, a crime against 7146 the laws of this state or any other state or of the United 7147 States which relates to registration as a secondhand dealer or 7148 which involves theft, larceny, dealing in stolen property, 7149 receiving stolen property, burglary, embezzlement, obtaining 7150 property by false pretenses, possession of altered property, any 7151 felony drug offense, any violation of s. 812.015, or any 7152 fraudulent dealing; 7153 (g) Has had a final judgment entered against her or him in 7154 a civil action upon grounds of fraud, embezzlement, 7155 misrepresentation, or deceit; or 7156 (h) Has failed to pay any sales tax owed to the Department 7157 of Revenue. 7158 7159 In the event the department determines to deny an application or 7160 revoke a registration, it shall enter a final order with its 7161 findings on the register of secondhand dealers and their 7162 business associates, if any; and denial, suspension, or 7163 revocation of the registration of a secondhand dealer shall also 7164 deny, suspend, or revoke the registration of such secondhand 7165 dealer’s business associates. 7166 Section 122. For the purpose of incorporating the amendment 7167 made by this act to section 812.015, Florida Statutes, in a 7168 reference thereto, subsection (2) of section 538.23, Florida 7169 Statutes, is reenacted to read: 7170 538.23 Violations and penalties.— 7171 (2) A secondary metals recycler is presumed to know upon 7172 receipt of stolen regulated metals property in a purchase 7173 transaction that the regulated metals property has been stolen 7174 from another if the secondary metals recycler knowingly and 7175 intentionally fails to maintain the information required in s. 7176 538.19 and shall, upon conviction of a violation of s. 812.015, 7177 be punished as provided in s. 812.014(2) or (3). 7178 Section 123. For the purpose of incorporating the amendment 7179 made by this act to section 815.03, Florida Statutes, in a 7180 reference thereto, paragraph (e) of subsection (3) of section 7181 1006.147, Florida Statutes, is reenacted to read: 7182 1006.147 Bullying and harassment prohibited.— 7183 (3) For purposes of this section: 7184 (e) Definitions in s. 815.03 and the definition in s. 7185 784.048(1)(d) relating to stalking are applicable to this 7186 section. 7187 Section 124. For the purpose of incorporating the amendment 7188 made by this act to section 815.06, Florida Statutes, in a 7189 reference thereto, subsection (2) of section 316.80, Florida 7190 Statutes, is reenacted to read: 7191 316.80 Unlawful conveyance of fuel; obtaining fuel 7192 fraudulently.— 7193 (2) A person who violates subsection (1) commits a felony 7194 of the second degree, punishable as provided in s. 775.082, s. 7195 775.083, or s. 775.084, if he or she has attempted to or has 7196 fraudulently obtained motor or diesel fuel by: 7197 (a) Presenting a credit card or a credit card account 7198 number in violation of ss. 817.57-817.685; 7199 (b) Using unauthorized access to any computer network in 7200 violation of s. 815.06; or 7201 (c) Using a fraudulently scanned or lost or stolen payment 7202 access device, whether credit card or contactless device. 7203 Section 125. For the purpose of incorporating the amendment 7204 made by this act to section 815.06, Florida Statutes, in 7205 references thereto, subsections (1) and (2) of section 775.30, 7206 Florida Statutes, are reenacted to read: 7207 775.30 Terrorism; defined; penalties.— 7208 (1) As used in this chapter and the Florida Criminal Code, 7209 the terms “terrorism” or “terrorist activity” mean an activity 7210 that: 7211 (a) Involves: 7212 1. A violent act or an act dangerous to human life which is 7213 a violation of the criminal laws of this state or of the United 7214 States; or 7215 2. A violation of s. 815.06; and 7216 (b) Is intended to: 7217 1. Intimidate, injure, or coerce a civilian population; 7218 2. Influence the policy of a government by intimidation or 7219 coercion; or 7220 3. Affect the conduct of government through destruction of 7221 property, assassination, murder, kidnapping, or aircraft piracy. 7222 (2) A person who violates s. 782.04(1)(a)1. or (2), s. 7223 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s. 7224 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16, 7225 s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s. 7226 806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s. 7227 859.01, or s. 876.34, in furtherance of intimidating or coercing 7228 the policy of a government, or in furtherance of affecting the 7229 conduct of a government by mass destruction, assassination, or 7230 kidnapping, commits the crime of terrorism, a felony of the 7231 first degree, punishable as provided in s. 775.082, s. 775.083, 7232 or s. 775.084. 7233 Section 126. For the purpose of incorporating the amendment 7234 made by this act to section 815.06, Florida Statutes, in a 7235 reference thereto, subsection (2) of section 775.33, Florida 7236 Statutes, is reenacted to read: 7237 775.33 Providing material support or resources for 7238 terrorism or to terrorist organizations.— 7239 (2) A person commits a felony of the first degree, 7240 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 7241 if the person: 7242 (a) Provides material support or resources or conceals or 7243 disguises the nature, location, source, or ownership of the 7244 material support or resources, knowing or intending that the 7245 support or resources are to be used in preparation for or in 7246 carrying out a violation of s. 775.30, s. 775.32, s. 775.34, s. 7247 775.35, s. 790.16, s. 790.161(2), (3), or (4), s. 790.166, s. 7248 790.19, s. 815.06, s. 859.01, s. 860.121, s. 860.16, s. 876.32, 7249 s. 876.34, or s. 876.36; 7250 (b) Conceals an escape from the commission of a violation 7251 of paragraph (a); or 7252 (c) Attempts or conspires to commit a violation of 7253 paragraph (a). 7254 Section 127. For the purpose of incorporating the amendment 7255 made by this act to section 815.06, Florida Statutes, in a 7256 reference thereto, subsection (5) of section 782.04, Florida 7257 Statutes, is reenacted to read: 7258 782.04 Murder.— 7259 (5) As used in this section, the term “terrorism” means an 7260 activity that: 7261 (a)1. Involves a violent act or an act dangerous to human 7262 life which is a violation of the criminal laws of this state or 7263 of the United States; or 7264 2. Involves a violation of s. 815.06; and 7265 (b) Is intended to: 7266 1. Intimidate, injure, or coerce a civilian population; 7267 2. Influence the policy of a government by intimidation or 7268 coercion; or 7269 3. Affect the conduct of government through destruction of 7270 property, assassination, murder, kidnapping, or aircraft piracy. 7271 Section 128. For the purpose of incorporating the amendment 7272 made by this act to section 815.06, Florida Statutes, in a 7273 reference thereto, subsection (3) of section 934.07, Florida 7274 Statutes, is reenacted to read: 7275 934.07 Authorization for interception of wire, oral, or 7276 electronic communications.— 7277 (3) As used in this section, the term “terrorism” means an 7278 activity that: 7279 (a)1. Involves a violent act or an act dangerous to human 7280 life which is a violation of the criminal laws of this state or 7281 of the United States; or 7282 2. Involves a violation of s. 815.06; and 7283 (b) Is intended to: 7284 1. Intimidate, injure, or coerce a civilian population; 7285 2. Influence the policy of a government by intimidation or 7286 coercion; or 7287 3. Affect the conduct of government through destruction of 7288 property, assassination, murder, kidnapping, or aircraft piracy. 7289 Section 129. For the purpose of incorporating the amendment 7290 made by this act to section 847.011, Florida Statutes, in a 7291 reference thereto, paragraph (a) of subsection (1) of section 7292 772.102, Florida Statutes, is reenacted to read: 7293 772.102 Definitions.—As used in this chapter, the term: 7294 (1) “Criminal activity” means to commit, to attempt to 7295 commit, to conspire to commit, or to solicit, coerce, or 7296 intimidate another person to commit: 7297 (a) Any crime that is chargeable by indictment or 7298 information under the following provisions: 7299 1. Section 210.18, relating to evasion of payment of 7300 cigarette taxes. 7301 2. Section 414.39, relating to public assistance fraud. 7302 3. Section 440.105 or s. 440.106, relating to workers’ 7303 compensation. 7304 4. Part IV of chapter 501, relating to telemarketing. 7305 5. Chapter 517, relating to securities transactions. 7306 6. Section 550.235 or s. 550.3551, relating to dogracing 7307 and horseracing. 7308 7. Chapter 550, relating to jai alai frontons. 7309 8. Chapter 552, relating to the manufacture, distribution, 7310 and use of explosives. 7311 9. Chapter 562, relating to beverage law enforcement. 7312 10. Section 624.401, relating to transacting insurance 7313 without a certificate of authority, s. 624.437(4)(c)1., relating 7314 to operating an unauthorized multiple-employer welfare 7315 arrangement, or s. 626.902(1)(b), relating to representing or 7316 aiding an unauthorized insurer. 7317 11. Chapter 687, relating to interest and usurious 7318 practices. 7319 12. Section 721.08, s. 721.09, or s. 721.13, relating to 7320 real estate timeshare plans. 7321 13. Chapter 782, relating to homicide. 7322 14. Chapter 784, relating to assault and battery. 7323 15. Chapter 787, relating to kidnapping or human 7324 trafficking. 7325 16. Chapter 790, relating to weapons and firearms. 7326 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07, 7327 relating to prostitution. 7328 18. Chapter 806, relating to arson. 7329 19. Section 810.02(2)(c), relating to specified burglary of 7330 a dwelling or structure. 7331 20. Chapter 812, relating to theft, robbery, and related 7332 crimes. 7333 21. Chapter 815, relating to computer-related crimes. 7334 22. Chapter 817, relating to fraudulent practices, false 7335 pretenses, fraud generally, and credit card crimes. 7336 23. Section 827.071, relating to commercial sexual 7337 exploitation of children. 7338 24. Chapter 831, relating to forgery and counterfeiting. 7339 25. Chapter 832, relating to issuance of worthless checks 7340 and drafts. 7341 26. Section 836.05, relating to extortion. 7342 27. Chapter 837, relating to perjury. 7343 28. Chapter 838, relating to bribery and misuse of public 7344 office. 7345 29. Chapter 843, relating to obstruction of justice. 7346 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 7347 s. 847.07, relating to obscene literature and profanity. 7348 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 7349 849.25, relating to gambling. 7350 32. Chapter 893, relating to drug abuse prevention and 7351 control. 7352 33. Section 914.22 or s. 914.23, relating to witnesses, 7353 victims, or informants. 7354 34. Section 918.12 or s. 918.13, relating to tampering with 7355 jurors and evidence. 7356 Section 130. For the purpose of incorporating the amendment 7357 made by this act to section 847.011, Florida Statutes, in a 7358 reference thereto, section 847.02, Florida Statutes, is 7359 reenacted to read: 7360 847.02 Confiscation of obscene material.—Whenever anyone is 7361 convicted under s. 847.011, the court in awarding sentence shall 7362 make an order confiscating said obscene material and authorize 7363 the sheriff of the county in which the material is held to 7364 destroy the same. The sheriff shall file with the court a 7365 certificate of his or her compliance. 7366 Section 131. For the purpose of incorporating the amendment 7367 made by this act to section 847.011, Florida Statutes, in a 7368 reference thereto, section 847.03, Florida Statutes, is 7369 reenacted to read: 7370 847.03 Officer to seize obscene material.—Whenever any 7371 officer arrests any person charged with any offense under s. 7372 847.011, the officer shall seize said obscene material and take 7373 the same into his or her custody to await the sentence of the 7374 court upon the trial of the offender. 7375 Section 132. For the purpose of incorporating the amendment 7376 made by this act to section 847.011, Florida Statutes, in a 7377 reference thereto, subsection (2) of section 847.09, Florida 7378 Statutes, is reenacted to read: 7379 847.09 Legislative intent.— 7380 (2) Nothing in ss. 847.07-847.09 shall be construed to 7381 repeal or in any way supersede the provisions of s. 847.011, s. 7382 847.012, or s. 847.013. 7383 Section 133. For the purpose of incorporating the amendment 7384 made by this act to section 847.011, Florida Statutes, in a 7385 reference thereto, paragraph (a) of subsection (8) of section 7386 895.02, Florida Statutes, is reenacted to read: 7387 895.02 Definitions.—As used in ss. 895.01-895.08, the term: 7388 (8) “Racketeering activity” means to commit, to attempt to 7389 commit, to conspire to commit, or to solicit, coerce, or 7390 intimidate another person to commit: 7391 (a) Any crime that is chargeable by petition, indictment, 7392 or information under the following provisions of the Florida 7393 Statutes: 7394 1. Section 210.18, relating to evasion of payment of 7395 cigarette taxes. 7396 2. Section 316.1935, relating to fleeing or attempting to 7397 elude a law enforcement officer and aggravated fleeing or 7398 eluding. 7399 3. Section 403.727(3)(b), relating to environmental 7400 control. 7401 4. Section 409.920 or s. 409.9201, relating to Medicaid 7402 fraud. 7403 5. Section 414.39, relating to public assistance fraud. 7404 6. Section 440.105 or s. 440.106, relating to workers’ 7405 compensation. 7406 7. Section 443.071(4), relating to creation of a fictitious 7407 employer scheme to commit reemployment assistance fraud. 7408 8. Section 465.0161, relating to distribution of medicinal 7409 drugs without a permit as an Internet pharmacy. 7410 9. Section 499.0051, relating to crimes involving 7411 contraband, adulterated, or misbranded drugs. 7412 10. Part IV of chapter 501, relating to telemarketing. 7413 11. Chapter 517, relating to sale of securities and 7414 investor protection. 7415 12. Section 550.235 or s. 550.3551, relating to dogracing 7416 and horseracing. 7417 13. Chapter 550, relating to jai alai frontons. 7418 14. Section 551.109, relating to slot machine gaming. 7419 15. Chapter 552, relating to the manufacture, distribution, 7420 and use of explosives. 7421 16. Chapter 560, relating to money transmitters, if the 7422 violation is punishable as a felony. 7423 17. Chapter 562, relating to beverage law enforcement. 7424 18. Section 624.401, relating to transacting insurance 7425 without a certificate of authority, s. 624.437(4)(c)1., relating 7426 to operating an unauthorized multiple-employer welfare 7427 arrangement, or s. 626.902(1)(b), relating to representing or 7428 aiding an unauthorized insurer. 7429 19. Section 655.50, relating to reports of currency 7430 transactions, when such violation is punishable as a felony. 7431 20. Chapter 687, relating to interest and usurious 7432 practices. 7433 21. Section 721.08, s. 721.09, or s. 721.13, relating to 7434 real estate timeshare plans. 7435 22. Section 775.13(5)(b), relating to registration of 7436 persons found to have committed any offense for the purpose of 7437 benefiting, promoting, or furthering the interests of a criminal 7438 gang. 7439 23. Section 777.03, relating to commission of crimes by 7440 accessories after the fact. 7441 24. Chapter 782, relating to homicide. 7442 25. Chapter 784, relating to assault and battery. 7443 26. Chapter 787, relating to kidnapping or human 7444 trafficking. 7445 27. Chapter 790, relating to weapons and firearms. 7446 28. Chapter 794, relating to sexual battery, but only if 7447 such crime was committed with the intent to benefit, promote, or 7448 further the interests of a criminal gang, or for the purpose of 7449 increasing a criminal gang member’s own standing or position 7450 within a criminal gang. 7451 29. Former s. 796.03, former s. 796.035, s. 796.04, s. 7452 796.05, or s. 796.07, relating to prostitution. 7453 30. Chapter 806, relating to arson and criminal mischief. 7454 31. Chapter 810, relating to burglary and trespass. 7455 32. Chapter 812, relating to theft, robbery, and related 7456 crimes. 7457 33. Chapter 815, relating to computer-related crimes. 7458 34. Chapter 817, relating to fraudulent practices, false 7459 pretenses, fraud generally, credit card crimes, and patient 7460 brokering. 7461 35. Chapter 825, relating to abuse, neglect, or 7462 exploitation of an elderly person or disabled adult. 7463 36. Section 827.071, relating to commercial sexual 7464 exploitation of children. 7465 37. Section 828.122, relating to fighting or baiting 7466 animals. 7467 38. Chapter 831, relating to forgery and counterfeiting. 7468 39. Chapter 832, relating to issuance of worthless checks 7469 and drafts. 7470 40. Section 836.05, relating to extortion. 7471 41. Chapter 837, relating to perjury. 7472 42. Chapter 838, relating to bribery and misuse of public 7473 office. 7474 43. Chapter 843, relating to obstruction of justice. 7475 44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 7476 s. 847.07, relating to obscene literature and profanity. 7477 45. Chapter 849, relating to gambling, lottery, gambling or 7478 gaming devices, slot machines, or any of the provisions within 7479 that chapter. 7480 46. Chapter 874, relating to criminal gangs. 7481 47. Chapter 893, relating to drug abuse prevention and 7482 control. 7483 48. Chapter 896, relating to offenses related to financial 7484 transactions. 7485 49. Sections 914.22 and 914.23, relating to tampering with 7486 or harassing a witness, victim, or informant, and retaliation 7487 against a witness, victim, or informant. 7488 50. Sections 918.12 and 918.13, relating to tampering with 7489 jurors and evidence. 7490 Section 134. For the purpose of incorporating the amendment 7491 made by this act to section 847.011, Florida Statutes, in a 7492 reference thereto, subsection (2) of section 933.02, Florida 7493 Statutes, is reenacted to read: 7494 933.02 Grounds for issuance of search warrant.—Upon proper 7495 affidavits being made, a search warrant may be issued under the 7496 provisions of this chapter upon any of the following grounds: 7497 (2) When any property shall have been used: 7498 (a) As a means to commit any crime; 7499 (b) In connection with gambling, gambling implements and 7500 appliances; or 7501 (c) In violation of s. 847.011 or other laws in reference 7502 to obscene prints and literature; 7503 7504 This section also applies to any papers or documents used as a 7505 means of or in aid of the commission of any offense against the 7506 laws of the state. 7507 Section 135. For the purpose of incorporating the amendment 7508 made by this act to section 847.011, Florida Statutes, in a 7509 reference thereto, section 933.03, Florida Statutes, is 7510 reenacted to read: 7511 933.03 Destruction of obscene prints and literature.—All 7512 obscene prints and literature, or other things mentioned in s. 7513 847.011 found by an officer in executing a search warrant, or 7514 produced or brought into court, shall be safely kept so long as 7515 is necessary for the purpose of being used as evidence in any 7516 case, and as soon as may be afterwards, shall be destroyed by 7517 order of the court before whom the case is brought. 7518 Section 136. For the purpose of incorporating the amendment 7519 made by this act to section 847.011, Florida Statutes, in a 7520 reference thereto, paragraph (g) of subsection (2) of section 7521 943.325, Florida Statutes, is reenacted to read: 7522 943.325 DNA database.— 7523 (2) DEFINITIONS.—As used in this section, the term: 7524 (g) “Qualifying offender” means any person, including 7525 juveniles and adults, who is: 7526 1.a. Committed to a county jail; 7527 b. Committed to or under the supervision of the Department 7528 of Corrections, including persons incarcerated in a private 7529 correctional institution operated under contract pursuant to s. 7530 944.105; 7531 c. Committed to or under the supervision of the Department 7532 of Juvenile Justice; 7533 d. Transferred to this state under the Interstate Compact 7534 on Juveniles, part XIII of chapter 985; or 7535 e. Accepted under Article IV of the Interstate Corrections 7536 Compact, part III of chapter 941; and who is: 7537 2.a. Convicted of any felony offense or attempted felony 7538 offense in this state or of a similar offense in another 7539 jurisdiction; 7540 b. Convicted of a misdemeanor violation of s. 784.048, s. 7541 810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an 7542 offense that was found, pursuant to s. 874.04, to have been 7543 committed for the purpose of benefiting, promoting, or 7544 furthering the interests of a criminal gang as defined in s. 7545 874.03; or 7546 c. Arrested for any felony offense or attempted felony 7547 offense in this state. 7548 Section 137. For the purpose of incorporating the amendment 7549 made by this act to section 849.01, Florida Statutes, in a 7550 reference thereto, section 849.02, Florida Statutes, is 7551 reenacted to read: 7552 849.02 Agents or employees of keeper of gambling house. 7553 Whoever acts as servant, clerk, agent, or employee of any person 7554 in the violation of s. 849.01 shall be punished in the manner 7555 and to the extent therein mentioned. 7556 Section 138. For the purpose of incorporating the amendment 7557 made by this act to section 893.135, Florida Statutes, in a 7558 reference thereto, paragraph (c) of subsection (3) of section 7559 373.6055, Florida Statutes, is reenacted to read: 7560 373.6055 Criminal history checks for certain water 7561 management district employees and others.— 7562 (3) 7563 (c) In addition to other requirements for employment or 7564 access established by any water management district pursuant to 7565 its water management district’s security plan for buildings, 7566 facilities, and structures, each water management district’s 7567 security plan shall provide that: 7568 1. Any person who has within the past 7 years been 7569 convicted, regardless of whether adjudication was withheld, for 7570 a forcible felony as defined in s. 776.08; an act of terrorism 7571 as defined in s. 775.30; planting of a hoax bomb as provided in 7572 s. 790.165; any violation involving the manufacture, possession, 7573 sale, delivery, display, use, or attempted or threatened use of 7574 a weapon of mass destruction or hoax weapon of mass destruction 7575 as provided in s. 790.166; dealing in stolen property; any 7576 violation of s. 893.135; any violation involving the sale, 7577 manufacturing, delivery, or possession with intent to sell, 7578 manufacture, or deliver a controlled substance; burglary; 7579 robbery; any felony violation of s. 812.014; any violation of s. 7580 790.07; any crime an element of which includes use or possession 7581 of a firearm; any conviction for any similar offenses under the 7582 laws of another jurisdiction; or conviction for conspiracy to 7583 commit any of the listed offenses may not be qualified for 7584 initial employment within or authorized regular access to 7585 buildings, facilities, or structures defined in the water 7586 management district’s security plan as restricted access areas. 7587 2. Any person who has at any time been convicted of any of 7588 the offenses listed in subparagraph 1. may not be qualified for 7589 initial employment within or authorized regular access to 7590 buildings, facilities, or structures defined in the water 7591 management district’s security plan as restricted access areas 7592 unless, after release from incarceration and any supervision 7593 imposed as a sentence, the person remained free from a 7594 subsequent conviction, regardless of whether adjudication was 7595 withheld, for any of the listed offenses for a period of at 7596 least 7 years prior to the employment or access date under 7597 consideration. 7598 Section 139. For the purpose of incorporating the amendment 7599 made by this act to section 893.135, Florida Statutes, in a 7600 reference thereto, subsection (6) of section 397.4073, Florida 7601 Statutes, is reenacted to read: 7602 397.4073 Background checks of service provider personnel.— 7603 (6) DISQUALIFICATION FROM RECEIVING STATE FUNDS.—State 7604 funds may not be disseminated to any service provider owned or 7605 operated by an owner, director, or chief financial officer who 7606 has been convicted of, has entered a plea of guilty or nolo 7607 contendere to, or has had adjudication withheld for, a violation 7608 of s. 893.135 pertaining to trafficking in controlled 7609 substances, or a violation of the law of another state, the 7610 District of Columbia, the United States or any possession or 7611 territory thereof, or any foreign jurisdiction which is 7612 substantially similar in elements and penalties to a trafficking 7613 offense in this state, unless the owner’s or director’s civil 7614 rights have been restored. 7615 Section 140. For the purpose of incorporating the amendment 7616 made by this act to section 893.135, Florida Statutes, in a 7617 reference thereto, subsection (1) of section 414.095, Florida 7618 Statutes, is reenacted to read: 7619 414.095 Determining eligibility for temporary cash 7620 assistance.— 7621 (1) ELIGIBILITY.—An applicant must meet eligibility 7622 requirements of this section before receiving services or 7623 temporary cash assistance under this chapter, except that an 7624 applicant shall be required to register for work and engage in 7625 work activities in accordance with s. 445.024, as designated by 7626 the local workforce development board, and may receive support 7627 services or child care assistance in conjunction with such 7628 requirement. The department shall make a determination of 7629 eligibility based on the criteria listed in this chapter. The 7630 department shall monitor continued eligibility for temporary 7631 cash assistance through periodic reviews consistent with the 7632 food assistance eligibility process. Benefits may not be denied 7633 to an individual solely based on a felony drug conviction, 7634 unless the conviction is for trafficking pursuant to s. 893.135. 7635 To be eligible under this section, an individual convicted of a 7636 drug felony must be satisfactorily meeting the requirements of 7637 the temporary cash assistance program, including all substance 7638 abuse treatment requirements. Within the limits specified in 7639 this chapter, the state opts out of the provision of Pub. L. No. 7640 104-193, s. 115, that eliminates eligibility for temporary cash 7641 assistance and food assistance for any individual convicted of a 7642 controlled substance felony. 7643 Section 141. For the purpose of incorporating the amendment 7644 made by this act to section 893.135, Florida Statutes, in a 7645 reference thereto, subsection (2) of section 772.12, Florida 7646 Statutes, is reenacted to read: 7647 772.12 Drug Dealer Liability Act.— 7648 (2) A person, including any governmental entity, has a 7649 cause of action for threefold the actual damages sustained and 7650 is entitled to minimum damages in the amount of $1,000 and 7651 reasonable attorney’s fees and court costs in the trial and 7652 appellate courts, if the person proves by the greater weight of 7653 the evidence that: 7654 (a) The person was injured because of the defendant’s 7655 actions that resulted in the defendant’s conviction for: 7656 1. A violation of s. 893.13, except for a violation of s. 7657 893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or 7658 2. A violation of s. 893.135; and 7659 (b) The person was not injured by reason of his or her 7660 participation in the same act or transaction that resulted in 7661 the defendant’s conviction for any offense described in 7662 subparagraph (a)1. 7663 Section 142. For the purpose of incorporating the amendment 7664 made by this act to section 893.135, Florida Statutes, in 7665 references thereto, paragraph (a) of subsection (2) and 7666 paragraph (a) of subsection (3) of section 775.087, Florida 7667 Statutes, are reenacted to read: 7668 775.087 Possession or use of weapon; aggravated battery; 7669 felony reclassification; minimum sentence.— 7670 (2)(a)1. Any person who is convicted of a felony or an 7671 attempt to commit a felony, regardless of whether the use of a 7672 weapon is an element of the felony, and the conviction was for: 7673 a. Murder; 7674 b. Sexual battery; 7675 c. Robbery; 7676 d. Burglary; 7677 e. Arson; 7678 f. Aggravated battery; 7679 g. Kidnapping; 7680 h. Escape; 7681 i. Aircraft piracy; 7682 j. Aggravated child abuse; 7683 k. Aggravated abuse of an elderly person or disabled adult; 7684 l. Unlawful throwing, placing, or discharging of a 7685 destructive device or bomb; 7686 m. Carjacking; 7687 n. Home-invasion robbery; 7688 o. Aggravated stalking; 7689 p. Trafficking in cannabis, trafficking in cocaine, capital 7690 importation of cocaine, trafficking in illegal drugs, capital 7691 importation of illegal drugs, trafficking in phencyclidine, 7692 capital importation of phencyclidine, trafficking in 7693 methaqualone, capital importation of methaqualone, trafficking 7694 in amphetamine, capital importation of amphetamine, trafficking 7695 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 7696 (GHB), trafficking in 1,4-Butanediol, trafficking in 7697 Phenethylamines, or other violation of s. 893.135(1); or 7698 q. Possession of a firearm by a felon 7699 7700 and during the commission of the offense, such person actually 7701 possessed a “firearm” or “destructive device” as those terms are 7702 defined in s. 790.001, shall be sentenced to a minimum term of 7703 imprisonment of 10 years, except that a person who is convicted 7704 for possession of a firearm by a felon or burglary of a 7705 conveyance shall be sentenced to a minimum term of imprisonment 7706 of 3 years if such person possessed a “firearm” or “destructive 7707 device” during the commission of the offense. However, if an 7708 offender who is convicted of the offense of possession of a 7709 firearm by a felon has a previous conviction of committing or 7710 attempting to commit a felony listed in s. 775.084(1)(b)1. and 7711 actually possessed a firearm or destructive device during the 7712 commission of the prior felony, the offender shall be sentenced 7713 to a minimum term of imprisonment of 10 years. 7714 2. Any person who is convicted of a felony or an attempt to 7715 commit a felony listed in sub-subparagraphs (a)1.a.-p., 7716 regardless of whether the use of a weapon is an element of the 7717 felony, and during the course of the commission of the felony 7718 such person discharged a “firearm” or “destructive device” as 7719 defined in s. 790.001 shall be sentenced to a minimum term of 7720 imprisonment of 20 years. 7721 3. Any person who is convicted of a felony or an attempt to 7722 commit a felony listed in sub-subparagraphs (a)1.a.-p., 7723 regardless of whether the use of a weapon is an element of the 7724 felony, and during the course of the commission of the felony 7725 such person discharged a “firearm” or “destructive device” as 7726 defined in s. 790.001 and, as the result of the discharge, death 7727 or great bodily harm was inflicted upon any person, the 7728 convicted person shall be sentenced to a minimum term of 7729 imprisonment of not less than 25 years and not more than a term 7730 of imprisonment of life in prison. 7731 (3)(a)1. Any person who is convicted of a felony or an 7732 attempt to commit a felony, regardless of whether the use of a 7733 firearm is an element of the felony, and the conviction was for: 7734 a. Murder; 7735 b. Sexual battery; 7736 c. Robbery; 7737 d. Burglary; 7738 e. Arson; 7739 f. Aggravated battery; 7740 g. Kidnapping; 7741 h. Escape; 7742 i. Sale, manufacture, delivery, or intent to sell, 7743 manufacture, or deliver any controlled substance; 7744 j. Aircraft piracy; 7745 k. Aggravated child abuse; 7746 l. Aggravated abuse of an elderly person or disabled adult; 7747 m. Unlawful throwing, placing, or discharging of a 7748 destructive device or bomb; 7749 n. Carjacking; 7750 o. Home-invasion robbery; 7751 p. Aggravated stalking; or 7752 q. Trafficking in cannabis, trafficking in cocaine, capital 7753 importation of cocaine, trafficking in illegal drugs, capital 7754 importation of illegal drugs, trafficking in phencyclidine, 7755 capital importation of phencyclidine, trafficking in 7756 methaqualone, capital importation of methaqualone, trafficking 7757 in amphetamine, capital importation of amphetamine, trafficking 7758 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 7759 (GHB), trafficking in 1,4-Butanediol, trafficking in 7760 Phenethylamines, or other violation of s. 893.135(1); 7761 7762 and during the commission of the offense, such person possessed 7763 a semiautomatic firearm and its high-capacity detachable box 7764 magazine or a machine gun as defined in s. 790.001, shall be 7765 sentenced to a minimum term of imprisonment of 15 years. 7766 2. Any person who is convicted of a felony or an attempt to 7767 commit a felony listed in subparagraph (a)1., regardless of 7768 whether the use of a weapon is an element of the felony, and 7769 during the course of the commission of the felony such person 7770 discharged a semiautomatic firearm and its high-capacity box 7771 magazine or a “machine gun” as defined in s. 790.001 shall be 7772 sentenced to a minimum term of imprisonment of 20 years. 7773 3. Any person who is convicted of a felony or an attempt to 7774 commit a felony listed in subparagraph (a)1., regardless of 7775 whether the use of a weapon is an element of the felony, and 7776 during the course of the commission of the felony such person 7777 discharged a semiautomatic firearm and its high-capacity box 7778 magazine or a “machine gun” as defined in s. 790.001 and, as the 7779 result of the discharge, death or great bodily harm was 7780 inflicted upon any person, the convicted person shall be 7781 sentenced to a minimum term of imprisonment of not less than 25 7782 years and not more than a term of imprisonment of life in 7783 prison. 7784 Section 143. For the purpose of incorporating the amendment 7785 made by this act to section 893.135, Florida Statutes, in 7786 references thereto, paragraph (a) of subsection (1) and 7787 subsections (3) and (4) of section 782.04, Florida Statutes, are 7788 reenacted to read: 7789 782.04 Murder.— 7790 (1)(a) The unlawful killing of a human being: 7791 1. When perpetrated from a premeditated design to effect 7792 the death of the person killed or any human being; 7793 2. When committed by a person engaged in the perpetration 7794 of, or in the attempt to perpetrate, any: 7795 a. Trafficking offense prohibited by s. 893.135(1), 7796 b. Arson, 7797 c. Sexual battery, 7798 d. Robbery, 7799 e. Burglary, 7800 f. Kidnapping, 7801 g. Escape, 7802 h. Aggravated child abuse, 7803 i. Aggravated abuse of an elderly person or disabled adult, 7804 j. Aircraft piracy, 7805 k. Unlawful throwing, placing, or discharging of a 7806 destructive device or bomb, 7807 l. Carjacking, 7808 m. Home-invasion robbery, 7809 n. Aggravated stalking, 7810 o. Murder of another human being, 7811 p. Resisting an officer with violence to his or her person, 7812 q. Aggravated fleeing or eluding with serious bodily injury 7813 or death, 7814 r. Felony that is an act of terrorism or is in furtherance 7815 of an act of terrorism, including a felony under s. 775.30, s. 7816 775.32, s. 775.33, s. 775.34, or s. 775.35, or 7817 s. Human trafficking; or 7818 3. Which resulted from the unlawful distribution by a 7819 person 18 years of age or older of any of the following 7820 substances, or mixture containing any of the following 7821 substances, when such substance or mixture is proven to be the 7822 proximate cause of the death of the user: 7823 a. A substance controlled under s. 893.03(1); 7824 b. Cocaine, as described in s. 893.03(2)(a)4.; 7825 c. Opium or any synthetic or natural salt, compound, 7826 derivative, or preparation of opium; 7827 d. Methadone; 7828 e. Alfentanil, as described in s. 893.03(2)(b)1.; 7829 f. Carfentanil, as described in s. 893.03(2)(b)6.; 7830 g. Fentanyl, as described in s. 893.03(2)(b)9.; 7831 h. Sufentanil, as described in s. 893.03(2)(b)30.; or 7832 i. A controlled substance analog, as described in s. 7833 893.0356, of any substance specified in sub-subparagraphs a.-h., 7834 7835 is murder in the first degree and constitutes a capital felony, 7836 punishable as provided in s. 775.082. 7837 (3) When a human being is killed during the perpetration 7838 of, or during the attempt to perpetrate, any: 7839 (a) Trafficking offense prohibited by s. 893.135(1), 7840 (b) Arson, 7841 (c) Sexual battery, 7842 (d) Robbery, 7843 (e) Burglary, 7844 (f) Kidnapping, 7845 (g) Escape, 7846 (h) Aggravated child abuse, 7847 (i) Aggravated abuse of an elderly person or disabled 7848 adult, 7849 (j) Aircraft piracy, 7850 (k) Unlawful throwing, placing, or discharging of a 7851 destructive device or bomb, 7852 (l) Carjacking, 7853 (m) Home-invasion robbery, 7854 (n) Aggravated stalking, 7855 (o) Murder of another human being, 7856 (p) Aggravated fleeing or eluding with serious bodily 7857 injury or death, 7858 (q) Resisting an officer with violence to his or her 7859 person, or 7860 (r) Felony that is an act of terrorism or is in furtherance 7861 of an act of terrorism, including a felony under s. 775.30, s. 7862 775.32, s. 775.33, s. 775.34, or s. 775.35, 7863 7864 by a person other than the person engaged in the perpetration of 7865 or in the attempt to perpetrate such felony, the person 7866 perpetrating or attempting to perpetrate such felony commits 7867 murder in the second degree, which constitutes a felony of the 7868 first degree, punishable by imprisonment for a term of years not 7869 exceeding life or as provided in s. 775.082, s. 775.083, or s. 7870 775.084. 7871 (4) The unlawful killing of a human being, when perpetrated 7872 without any design to effect death, by a person engaged in the 7873 perpetration of, or in the attempt to perpetrate, any felony 7874 other than any: 7875 (a) Trafficking offense prohibited by s. 893.135(1), 7876 (b) Arson, 7877 (c) Sexual battery, 7878 (d) Robbery, 7879 (e) Burglary, 7880 (f) Kidnapping, 7881 (g) Escape, 7882 (h) Aggravated child abuse, 7883 (i) Aggravated abuse of an elderly person or disabled 7884 adult, 7885 (j) Aircraft piracy, 7886 (k) Unlawful throwing, placing, or discharging of a 7887 destructive device or bomb, 7888 (l) Unlawful distribution of any substance controlled under 7889 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or 7890 opium or any synthetic or natural salt, compound, derivative, or 7891 preparation of opium by a person 18 years of age or older, when 7892 such drug is proven to be the proximate cause of the death of 7893 the user, 7894 (m) Carjacking, 7895 (n) Home-invasion robbery, 7896 (o) Aggravated stalking, 7897 (p) Murder of another human being, 7898 (q) Aggravated fleeing or eluding with serious bodily 7899 injury or death, 7900 (r) Resisting an officer with violence to his or her 7901 person, or 7902 (s) Felony that is an act of terrorism or is in furtherance 7903 of an act of terrorism, including a felony under s. 775.30, s. 7904 775.32, s. 775.33, s. 775.34, or s. 775.35, 7905 7906 is murder in the third degree and constitutes a felony of the 7907 second degree, punishable as provided in s. 775.082, s. 775.083, 7908 or s. 775.084. 7909 Section 144. For the purpose of incorporating the amendment 7910 made by this act to section 893.135, Florida Statutes, in a 7911 reference thereto, subsection (3) of section 810.02, Florida 7912 Statutes, is reenacted to read: 7913 810.02 Burglary.— 7914 (3) Burglary is a felony of the second degree, punishable 7915 as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the 7916 course of committing the offense, the offender does not make an 7917 assault or battery and is not and does not become armed with a 7918 dangerous weapon or explosive, and the offender enters or 7919 remains in a: 7920 (a) Dwelling, and there is another person in the dwelling 7921 at the time the offender enters or remains; 7922 (b) Dwelling, and there is not another person in the 7923 dwelling at the time the offender enters or remains; 7924 (c) Structure, and there is another person in the structure 7925 at the time the offender enters or remains; 7926 (d) Conveyance, and there is another person in the 7927 conveyance at the time the offender enters or remains; 7928 (e) Authorized emergency vehicle, as defined in s. 316.003; 7929 or 7930 (f) Structure or conveyance when the offense intended to be 7931 committed therein is theft of a controlled substance as defined 7932 in s. 893.02. Notwithstanding any other law, separate judgments 7933 and sentences for burglary with the intent to commit theft of a 7934 controlled substance under this paragraph and for any applicable 7935 possession of controlled substance offense under s. 893.13 or 7936 trafficking in controlled substance offense under s. 893.135 may 7937 be imposed when all such offenses involve the same amount or 7938 amounts of a controlled substance. 7939 7940 However, if the burglary is committed within a county that is 7941 subject to a state of emergency declared by the Governor under 7942 chapter 252 after the declaration of emergency is made and the 7943 perpetration of the burglary is facilitated by conditions 7944 arising from the emergency, the burglary is a felony of the 7945 first degree, punishable as provided in s. 775.082, s. 775.083, 7946 or s. 775.084. As used in this subsection, the term “conditions 7947 arising from the emergency” means civil unrest, power outages, 7948 curfews, voluntary or mandatory evacuations, or a reduction in 7949 the presence of or response time for first responders or 7950 homeland security personnel. A person arrested for committing a 7951 burglary within a county that is subject to such a state of 7952 emergency may not be released until the person appears before a 7953 committing magistrate at a first appearance hearing. For 7954 purposes of sentencing under chapter 921, a felony offense that 7955 is reclassified under this subsection is ranked one level above 7956 the ranking under s. 921.0022 or s. 921.0023 of the offense 7957 committed. 7958 Section 145. For the purpose of incorporating the amendment 7959 made by this act to section 893.135, Florida Statutes, in a 7960 reference thereto, paragraph (d) of subsection (8) of section 7961 893.13, Florida Statutes, is reenacted to read: 7962 893.13 Prohibited acts; penalties.— 7963 (8) 7964 (d) Notwithstanding paragraph (c), if a prescribing 7965 practitioner has violated paragraph (a) and received $1,000 or 7966 more in payment for writing one or more prescriptions or, in the 7967 case of a prescription written for a controlled substance 7968 described in s. 893.135, has written one or more prescriptions 7969 for a quantity of a controlled substance which, individually or 7970 in the aggregate, meets the threshold for the offense of 7971 trafficking in a controlled substance under s. 893.135, the 7972 violation is reclassified as a felony of the second degree and 7973 ranked in level 4 of the Criminal Punishment Code. 7974 Section 146. For the purpose of incorporating the amendment 7975 made by this act to section 893.135, Florida Statutes, in 7976 references thereto, subsections (1) and (2) of section 893.1351, 7977 Florida Statutes, are reenacted to read: 7978 893.1351 Ownership, lease, rental, or possession for 7979 trafficking in or manufacturing a controlled substance.— 7980 (1) A person may not own, lease, or rent any place, 7981 structure, or part thereof, trailer, or other conveyance with 7982 the knowledge that the place, structure, trailer, or conveyance 7983 will be used for the purpose of trafficking in a controlled 7984 substance, as provided in s. 893.135; for the sale of a 7985 controlled substance, as provided in s. 893.13; or for the 7986 manufacture of a controlled substance intended for sale or 7987 distribution to another. A person who violates this subsection 7988 commits a felony of the third degree, punishable as provided in 7989 s. 775.082, s. 775.083, or s. 775.084. 7990 (2) A person may not knowingly be in actual or constructive 7991 possession of any place, structure, or part thereof, trailer, or 7992 other conveyance with the knowledge that the place, structure, 7993 or part thereof, trailer, or conveyance will be used for the 7994 purpose of trafficking in a controlled substance, as provided in 7995 s. 893.135; for the sale of a controlled substance, as provided 7996 in s. 893.13; or for the manufacture of a controlled substance 7997 intended for sale or distribution to another. A person who 7998 violates this subsection commits a felony of the second degree, 7999 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 8000 Section 147. For the purpose of incorporating the amendment 8001 made by this act to section 893.135, Florida Statutes, in a 8002 reference thereto, paragraph (e) of subsection (3) of section 8003 900.05, Florida Statutes, is reenacted to read: 8004 900.05 Criminal justice data collection.— 8005 (3) DATA COLLECTION AND REPORTING.—Beginning January 1, 8006 2019, an entity required to collect data in accordance with this 8007 subsection shall collect the specified data required of the 8008 entity on a biweekly basis. Each entity shall report the data 8009 collected in accordance with this subsection to the Department 8010 of Law Enforcement on a monthly basis. 8011 (e) Department of Corrections.—The Department of 8012 Corrections shall collect the following data: 8013 1. Information related to each inmate, including: 8014 a. Identifying information, including name, date of birth, 8015 race or ethnicity, and identification number assigned by the 8016 department. 8017 b. Number of children. 8018 c. Education level, including any vocational training. 8019 d. Date the inmate was admitted to the custody of the 8020 department. 8021 e. Current institution placement and the security level 8022 assigned to the institution. 8023 f. Custody level assignment. 8024 g. Qualification for a flag designation as defined in this 8025 section, including sexual offender flag, habitual offender flag, 8026 gang affiliation flag, or concurrent or consecutive sentence 8027 flag. 8028 h. County that committed the prisoner to the custody of the 8029 department. 8030 i. Whether the reason for admission to the department is 8031 for a new conviction or a violation of probation, community 8032 control, or parole. For an admission for a probation, community 8033 control, or parole violation, the department shall report 8034 whether the violation was technical or based on a new violation 8035 of law. 8036 j. Specific statutory citation for which the inmate was 8037 committed to the department, including, for an inmate convicted 8038 of drug trafficking under s. 893.135, the statutory citation for 8039 each specific drug trafficked. 8040 k. Length of sentence or concurrent or consecutive 8041 sentences served. 8042 l. Tentative release date. 8043 m. Gain time earned in accordance with s. 944.275. 8044 n. Prior incarceration within the state. 8045 o. Disciplinary violation and action. 8046 p. Participation in rehabilitative or educational programs 8047 while in the custody of the department. 8048 2. Information about each state correctional institution or 8049 facility, including: 8050 a. Budget for each state correctional institution or 8051 facility. 8052 b. Daily prison population of all inmates incarcerated in a 8053 state correctional institution or facility. 8054 c. Daily number of correctional officers for each state 8055 correctional institution or facility. 8056 3. Information related to persons supervised by the 8057 department on probation or community control, including: 8058 a. Identifying information for each person supervised by 8059 the department on probation or community control, including his 8060 or her name, date of birth, race or ethnicity, sex, and 8061 department-assigned case number. 8062 b. Length of probation or community control sentence 8063 imposed and amount of time that has been served on such 8064 sentence. 8065 c. Projected termination date for probation or community 8066 control. 8067 d. Revocation of probation or community control due to a 8068 violation, including whether the revocation is due to a 8069 technical violation of the conditions of supervision or from the 8070 commission of a new law violation. 8071 4. Per diem rates for: 8072 a. Prison bed. 8073 b. Probation. 8074 c. Community control. 8075 8076 This information only needs to be reported once annually at the 8077 time the most recent per diem rate is published. 8078 Section 148. For the purpose of incorporating the amendment 8079 made by this act to section 893.135, Florida Statutes, in a 8080 reference thereto, section 903.133, Florida Statutes, is 8081 reenacted to read: 8082 903.133 Bail on appeal; prohibited for certain felony 8083 convictions.—Notwithstanding the provisions of s. 903.132, no 8084 person adjudged guilty of a felony of the first degree for a 8085 violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s. 8086 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a 8087 violation of s. 794.011(2) or (3), shall be admitted to bail 8088 pending review either by posttrial motion or appeal. 8089 Section 149. For the purpose of incorporating the amendment 8090 made by this act to section 893.135, Florida Statutes, in a 8091 reference thereto, paragraph (c) of subsection (4) of section 8092 907.041, Florida Statutes, is reenacted to read: 8093 907.041 Pretrial detention and release.— 8094 (4) PRETRIAL DETENTION.— 8095 (c) The court may order pretrial detention if it finds a 8096 substantial probability, based on a defendant’s past and present 8097 patterns of behavior, the criteria in s. 903.046, and any other 8098 relevant facts, that any of the following circumstances exist: 8099 1. The defendant has previously violated conditions of 8100 release and that no further conditions of release are reasonably 8101 likely to assure the defendant’s appearance at subsequent 8102 proceedings; 8103 2. The defendant, with the intent to obstruct the judicial 8104 process, has threatened, intimidated, or injured any victim, 8105 potential witness, juror, or judicial officer, or has attempted 8106 or conspired to do so, and that no condition of release will 8107 reasonably prevent the obstruction of the judicial process; 8108 3. The defendant is charged with trafficking in controlled 8109 substances as defined by s. 893.135, that there is a substantial 8110 probability that the defendant has committed the offense, and 8111 that no conditions of release will reasonably assure the 8112 defendant’s appearance at subsequent criminal proceedings; 8113 4. The defendant is charged with DUI manslaughter, as 8114 defined by s. 316.193, and that there is a substantial 8115 probability that the defendant committed the crime and that the 8116 defendant poses a threat of harm to the community; conditions 8117 that would support a finding by the court pursuant to this 8118 subparagraph that the defendant poses a threat of harm to the 8119 community include, but are not limited to, any of the following: 8120 a. The defendant has previously been convicted of any crime 8121 under s. 316.193, or of any crime in any other state or 8122 territory of the United States that is substantially similar to 8123 any crime under s. 316.193; 8124 b. The defendant was driving with a suspended driver 8125 license when the charged crime was committed; or 8126 c. The defendant has previously been found guilty of, or 8127 has had adjudication of guilt withheld for, driving while the 8128 defendant’s driver license was suspended or revoked in violation 8129 of s. 322.34; 8130 5. The defendant poses the threat of harm to the community. 8131 The court may so conclude, if it finds that the defendant is 8132 presently charged with a dangerous crime, that there is a 8133 substantial probability that the defendant committed such crime, 8134 that the factual circumstances of the crime indicate a disregard 8135 for the safety of the community, and that there are no 8136 conditions of release reasonably sufficient to protect the 8137 community from the risk of physical harm to persons; 8138 6. The defendant was on probation, parole, or other release 8139 pending completion of sentence or on pretrial release for a 8140 dangerous crime at the time the current offense was committed; 8141 7. The defendant has violated one or more conditions of 8142 pretrial release or bond for the offense currently before the 8143 court and the violation, in the discretion of the court, 8144 supports a finding that no conditions of release can reasonably 8145 protect the community from risk of physical harm to persons or 8146 assure the presence of the accused at trial; or 8147 8.a. The defendant has ever been sentenced pursuant to s. 8148 775.082(9) or s. 775.084 as a prison releasee reoffender, 8149 habitual violent felony offender, three-time violent felony 8150 offender, or violent career criminal, or the state attorney 8151 files a notice seeking that the defendant be sentenced pursuant 8152 to s. 775.082(9) or s. 775.084, as a prison releasee reoffender, 8153 habitual violent felony offender, three-time violent felony 8154 offender, or violent career criminal; 8155 b. There is a substantial probability that the defendant 8156 committed the offense; and 8157 c. There are no conditions of release that can reasonably 8158 protect the community from risk of physical harm or ensure the 8159 presence of the accused at trial. 8160 Section 150. For the purpose of incorporating the amendment 8161 made by this act to section 893.135, Florida Statutes, in a 8162 reference thereto, subsection (9) of section 921.141, Florida 8163 Statutes, is reenacted to read: 8164 921.141 Sentence of death or life imprisonment for capital 8165 felonies; further proceedings to determine sentence.— 8166 (9) APPLICABILITY.—This section does not apply to a person 8167 convicted or adjudicated guilty of a capital drug trafficking 8168 felony under s. 893.135. 8169 Section 151. For the purpose of incorporating the amendment 8170 made by this act to section 893.135, Florida Statutes, in a 8171 reference thereto, subsection (2) of section 921.142, Florida 8172 Statutes, is reenacted to read: 8173 921.142 Sentence of death or life imprisonment for capital 8174 drug trafficking felonies; further proceedings to determine 8175 sentence.— 8176 (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.—Upon 8177 conviction or adjudication of guilt of a defendant of a capital 8178 felony under s. 893.135, the court shall conduct a separate 8179 sentencing proceeding to determine whether the defendant should 8180 be sentenced to death or life imprisonment as authorized by s. 8181 775.082. The proceeding shall be conducted by the trial judge 8182 before the trial jury as soon as practicable. If, through 8183 impossibility or inability, the trial jury is unable to 8184 reconvene for a hearing on the issue of penalty, having 8185 determined the guilt of the accused, the trial judge may summon 8186 a special juror or jurors as provided in chapter 913 to 8187 determine the issue of the imposition of the penalty. If the 8188 trial jury has been waived, or if the defendant pleaded guilty, 8189 the sentencing proceeding shall be conducted before a jury 8190 impaneled for that purpose, unless waived by the defendant. In 8191 the proceeding, evidence may be presented as to any matter that 8192 the court deems relevant to the nature of the crime and the 8193 character of the defendant and shall include matters relating to 8194 any of the aggravating factors enumerated in subsection (7) and 8195 for which notice has been provided pursuant to s. 782.04(1)(b) 8196 or mitigating circumstances enumerated in subsection (8). Any 8197 such evidence that the court deems to have probative value may 8198 be received, regardless of its admissibility under the 8199 exclusionary rules of evidence, provided the defendant is 8200 accorded a fair opportunity to rebut any hearsay statements. 8201 However, this subsection shall not be construed to authorize the 8202 introduction of any evidence secured in violation of the 8203 Constitution of the United States or the Constitution of the 8204 State of Florida. The state and the defendant or the defendant’s 8205 counsel shall be permitted to present argument for or against 8206 sentence of death. 8207 Section 152. For the purpose of incorporating the amendment 8208 made by this act to section 944.704, Florida Statutes, in a 8209 reference thereto, paragraph (a) of subsection (3) of section 8210 944.026, Florida Statutes, is reenacted to read: 8211 944.026 Community-based facilities and programs.— 8212 (3)(a) The department shall develop and implement 8213 procedures to diagnose offenders prior to sentencing, for the 8214 purpose of recommending to the sentencing court suitable 8215 candidates for placement in a community-based residential drug 8216 treatment facility or probation and restitution center as 8217 provided in this section. The department shall also develop and 8218 implement procedures to properly identify inmates prior to 8219 release who demonstrate the need for or interest in and 8220 suitability for placement in a community-based substance abuse 8221 transition housing program as provided in this section and 8222 pursuant to ss. 944.4731 and 944.704. 8223 Section 153. For the purpose of incorporating the amendment 8224 made by this act to section 944.705, Florida Statutes, in a 8225 reference thereto, subsection (6) of section 944.4731, Florida 8226 Statutes, is reenacted to read: 8227 944.4731 Addiction-Recovery Supervision Program.— 8228 (6) Six months before an offender is released, the chaplain 8229 and transition assistance specialist at the institution where 8230 the offender is incarcerated shall initiate the prerelease 8231 screening process in addition to the basic release orientation 8232 required under s. 944.705. 8233 (a) The transition assistance specialist and the chaplain 8234 shall provide a list of contracted private providers, including 8235 faith-based providers, to the offender and facilitate the 8236 application process. The transition assistance specialist shall 8237 inform the offender of program availability and assess the 8238 offender’s need and suitability for substance abuse transition 8239 housing assistance. If an offender is approved for placement, 8240 the specialist shall assist the offender and coordinate the 8241 release of the offender with the selected program. If an 8242 offender requests and is approved for placement in a contracted 8243 faith-based substance abuse transition housing program, the 8244 specialist must consult with the chaplain prior to such 8245 placement. A right to substance abuse program services is not 8246 stated, intended, or otherwise implied by this section. 8247 (b) If an offender has participated in a faith-based 8248 program while incarcerated or housed at a community correctional 8249 center and the same or a similar faith-based provider offers a 8250 contracted substance abuse transition housing program, the 8251 department shall make every attempt to maintain this continuum 8252 of care. 8253 Section 154. For the purpose of incorporating the amendment 8254 made by this act to section 944.801, Florida Statutes, in a 8255 reference thereto, subsection (2) of section 447.203, Florida 8256 Statutes, is reenacted to read: 8257 447.203 Definitions.—As used in this part: 8258 (2) “Public employer” or “employer” means the state or any 8259 county, municipality, or special district or any subdivision or 8260 agency thereof which the commission determines has sufficient 8261 legal distinctiveness properly to carry out the functions of a 8262 public employer. With respect to all public employees determined 8263 by the commission as properly belonging to a statewide 8264 bargaining unit composed of State Career Service System 8265 employees or Selected Professional Service employees, the 8266 Governor shall be deemed to be the public employer; and the 8267 Board of Governors of the State University System, or the 8268 board’s designee, shall be deemed to be the public employer with 8269 respect to all public employees of each constituent state 8270 university. The board of trustees of a community college shall 8271 be deemed to be the public employer with respect to all 8272 employees of the community college. The district school board 8273 shall be deemed to be the public employer with respect to all 8274 employees of the school district. The Board of Trustees of the 8275 Florida School for the Deaf and the Blind shall be deemed to be 8276 the public employer with respect to the academic and academic 8277 administrative personnel of the Florida School for the Deaf and 8278 the Blind. The Governor shall be deemed to be the public 8279 employer with respect to all employees in the Correctional 8280 Education Program of the Department of Corrections established 8281 pursuant to s. 944.801. 8282 Section 155. For the purpose of incorporating the amendment 8283 made by this act to section 948.013, Florida Statutes, in a 8284 reference thereto, paragraph (n) of subsection (1) of section 8285 921.187, Florida Statutes, is reenacted to read: 8286 921.187 Disposition and sentencing; alternatives; 8287 restitution.— 8288 (1) The alternatives provided in this section for the 8289 disposition of criminal cases shall be used in a manner that 8290 will best serve the needs of society, punish criminal offenders, 8291 and provide the opportunity for rehabilitation. If the offender 8292 does not receive a state prison sentence, the court may: 8293 (n) Impose split probation whereby upon satisfactory 8294 completion of half the term of probation, the Department of 8295 Corrections may place the offender on administrative probation 8296 pursuant to s. 948.013 for the remainder of the term of 8297 supervision. 8298 Section 156. For the purpose of incorporating the amendment 8299 made by this act to section 948.06, Florida Statutes, in a 8300 reference thereto, paragraph (b) of subsection (2) of section 8301 948.012, Florida Statutes, is reenacted to read: 8302 948.012 Split sentence of probation or community control 8303 and imprisonment.— 8304 (2) The court may also impose a split sentence whereby the 8305 defendant is sentenced to a term of probation which may be 8306 followed by a period of incarceration or, with respect to a 8307 felony, into community control, as follows: 8308 (b) If the offender does not meet the terms and conditions 8309 of probation or community control, the court may revoke, modify, 8310 or continue the probation or community control as provided in s. 8311 948.06. If the probation or community control is revoked, the 8312 court may impose any sentence that it could have imposed at the 8313 time the offender was placed on probation or community control. 8314 The court may not provide credit for time served for any portion 8315 of a probation or community control term toward a subsequent 8316 term of probation or community control. However, the court may 8317 not impose a subsequent term of probation or community control 8318 which, when combined with any amount of time served on preceding 8319 terms of probation or community control for offenses pending 8320 before the court for sentencing, would exceed the maximum 8321 penalty allowable as provided in s. 775.082. Such term of 8322 incarceration shall be served under applicable law or county 8323 ordinance governing service of sentences in state or county 8324 jurisdiction. This paragraph does not prohibit any other 8325 sanction provided by law. 8326 Section 157. For the purpose of incorporating the amendment 8327 made by this act to section 948.06, Florida Statutes, in a 8328 reference thereto, subsection (3) of section 948.10, Florida 8329 Statutes, is reenacted to read: 8330 948.10 Community control programs; home confinement.— 8331 (3) Procedures governing violations of community control 8332 are the same as those described in s. 948.06 with respect to 8333 probation. 8334 Section 158. For the purpose of incorporating the amendment 8335 made by this act to section 948.06, Florida Statutes, in a 8336 reference thereto, subsection (3) of section 948.20, Florida 8337 Statutes, is reenacted to read: 8338 948.20 Drug offender probation.— 8339 (3) Offenders placed on drug offender probation are subject 8340 to revocation of probation as provided in s. 948.06. 8341 Section 159. For the purpose of incorporating the amendment 8342 made by this act to section 948.06, Florida Statutes, in a 8343 reference thereto, section 958.14, Florida Statutes, is 8344 reenacted to read: 8345 958.14 Violation of probation or community control 8346 program.—A violation or alleged violation of probation or the 8347 terms of a community control program shall subject the youthful 8348 offender to the provisions of s. 948.06. However, no youthful 8349 offender shall be committed to the custody of the department for 8350 a substantive violation for a period longer than the maximum 8351 sentence for the offense for which he or she was found guilty, 8352 with credit for time served while incarcerated, or for a 8353 technical or nonsubstantive violation for a period longer than 6 8354 years or for a period longer than the maximum sentence for the 8355 offense for which he or she was found guilty, whichever is less, 8356 with credit for time served while incarcerated. 8357 Section 160. For the purpose of incorporating the amendment 8358 made by this act to section 948.08, Florida Statutes, in a 8359 reference thereto, paragraph (b) of subsection (4) of section 8360 796.07, Florida Statutes, is reenacted to read: 8361 796.07 Prohibiting prostitution and related acts.— 8362 (4) 8363 (b) A person who is charged with a third or subsequent 8364 violation of this section, other than paragraph (2)(f), shall be 8365 offered admission to a pretrial intervention program or a 8366 substance abuse treatment program as provided in s. 948.08. 8367 Section 161. For the purpose of incorporating the amendment 8368 made by this act to section 948.08, Florida Statutes, in a 8369 reference thereto, paragraph (b) of subsection (3) of section 8370 944.026, Florida Statutes, is reenacted to read: 8371 944.026 Community-based facilities and programs.— 8372 (3) 8373 (b) Pretrial intervention programs in appropriate counties 8374 to provide early counseling and supervision services to 8375 specified offenders as provided in s. 948.08. 8376 Section 162. For the purpose of incorporating the amendment 8377 made by this act to section 948.08, Florida Statutes, in a 8378 reference thereto, subsection (1) of section 948.036, Florida 8379 Statutes, is reenacted to read: 8380 948.036 Work programs as a condition of probation, 8381 community control, or other court-ordered community 8382 supervision.— 8383 (1) Whenever an offender is required by the court to 8384 participate in any work program under the provisions of this 8385 chapter, enters into the pretrial intervention program pursuant 8386 to s. 948.08, or volunteers to work in a supervised work program 8387 conducted by a specified state, county, municipal, or community 8388 service organization or to work for the victim, either as an 8389 alternative to monetary restitution or as a part of the 8390 rehabilitative or community control program, the offender shall 8391 be considered an employee of the state for the purposes of 8392 chapter 440. 8393 Section 163. For the purpose of incorporating the 8394 amendments made by this act to sections 948.08 and 948.16, 8395 Florida Statutes, in references thereto, subsection (2) of 8396 section 394.47892, Florida Statutes, is reenacted to read: 8397 394.47892 Mental health court programs.— 8398 (2) Mental health court programs may include pretrial 8399 intervention programs as provided in ss. 948.08, 948.16, and 8400 985.345, postadjudicatory mental health court programs as 8401 provided in ss. 948.01 and 948.06, and review of the status of 8402 compliance or noncompliance of sentenced defendants through a 8403 mental health court program. 8404 Section 164. For the purpose of incorporating the 8405 amendments made by this act to sections 948.08 and 948.16, 8406 Florida Statutes, in references thereto, subsection (5) of 8407 section 397.334, Florida Statutes, is reenacted to read: 8408 397.334 Treatment-based drug court programs.— 8409 (5) Treatment-based drug court programs may include 8410 pretrial intervention programs as provided in ss. 948.08, 8411 948.16, and 985.345, treatment-based drug court programs 8412 authorized in chapter 39, postadjudicatory programs as provided 8413 in ss. 948.01, 948.06, and 948.20, and review of the status of 8414 compliance or noncompliance of sentenced offenders through a 8415 treatment-based drug court program. While enrolled in a 8416 treatment-based drug court program, the participant is subject 8417 to a coordinated strategy developed by a drug court team under 8418 subsection (4). The coordinated strategy may include a protocol 8419 of sanctions that may be imposed upon the participant for 8420 noncompliance with program rules. The protocol of sanctions may 8421 include, but is not limited to, placement in a substance abuse 8422 treatment program offered by a licensed service provider as 8423 defined in s. 397.311 or in a jail-based treatment program or 8424 serving a period of secure detention under chapter 985 if a 8425 child or a period of incarceration within the time limits 8426 established for contempt of court if an adult. The coordinated 8427 strategy must be provided in writing to the participant before 8428 the participant agrees to enter into a treatment-based drug 8429 court program. 8430 Section 165. For the purpose of incorporating the 8431 amendments made by this act to sections 948.08 and 948.16, 8432 Florida Statutes, in references thereto, paragraph (a) of 8433 subsection (5) of section 910.035, Florida Statutes, is 8434 reenacted to read: 8435 910.035 Transfer from county for plea, sentence, or 8436 participation in a problem-solving court.— 8437 (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.— 8438 (a) For purposes of this subsection, the term “problem 8439 solving court” means a drug court pursuant to s. 948.01, s. 8440 948.06, s. 948.08, s. 948.16, or s. 948.20; a military veterans’ 8441 and servicemembers’ court pursuant to s. 394.47891, s. 948.08, 8442 s. 948.16, or s. 948.21; a mental health court program pursuant 8443 to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; 8444 or a delinquency pretrial intervention court program pursuant to 8445 s. 985.345. 8446 Section 166. For the purpose of incorporating the amendment 8447 made by this act to section 948.21, Florida Statutes, in a 8448 reference thereto, paragraph (a) of subsection (5) of section 8449 910.035, Florida Statutes, is reenacted to read: 8450 910.035 Transfer from county for plea, sentence, or 8451 participation in a problem-solving court.— 8452 (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.— 8453 (a) For purposes of this subsection, the term “problem 8454 solving court” means a drug court pursuant to s. 948.01, s. 8455 948.06, s. 948.08, s. 948.16, or s. 948.20; a military veterans’ 8456 and servicemembers’ court pursuant to s. 394.47891, s. 948.08, 8457 s. 948.16, or s. 948.21; a mental health court program pursuant 8458 to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; 8459 or a delinquency pretrial intervention court program pursuant to 8460 s. 985.345. 8461 Section 167. For the purpose of incorporating the amendment 8462 made by this act to section 958.04, Florida Statutes, in a 8463 reference thereto, subsection (5) of section 958.03, Florida 8464 Statutes, is reenacted to read: 8465 958.03 Definitions.—As used in this act: 8466 (5) “Youthful offender” means any person who is sentenced 8467 as such by the court or is classified as such by the department 8468 pursuant to s. 958.04. 8469 Section 168. For the purpose of incorporating the amendment 8470 made by this act to section 958.04, Florida Statutes, in a 8471 reference thereto, paragraph (a) of subsection (8) of section 8472 958.045, Florida Statutes, is reenacted to read: 8473 958.045 Youthful offender basic training program.— 8474 (8)(a) The Assistant Secretary for Youthful Offenders shall 8475 continuously screen all institutions, facilities, and programs 8476 for any inmate who meets the eligibility requirements for 8477 youthful offender designation specified in s. 958.04, whose age 8478 does not exceed 24 years. The department may classify and assign 8479 as a youthful offender any inmate who meets the criteria of s. 8480 958.04. 8481 Section 169. For the purpose of incorporating the amendment 8482 made by this act to section 958.04, Florida Statutes, in a 8483 reference thereto, section 958.046, Florida Statutes, is 8484 reenacted to read: 8485 958.046 Placement in county-operated boot camp programs for 8486 youthful offenders.—In counties where there are county-operated 8487 youthful offender boot camp programs, other than boot camps 8488 described in s. 958.04, the court may sentence a youthful 8489 offender to such a boot camp. In county-operated youthful 8490 offender boot camp programs, juvenile offenders shall not be 8491 commingled with youthful offenders. 8492 Section 170. For the purpose of incorporating the amendment 8493 made by this act to section 958.04, Florida Statutes, in a 8494 reference thereto, paragraph (c) of subsection (4) of section 8495 985.565, Florida Statutes, is reenacted to read: 8496 985.565 Sentencing powers; procedures; alternatives for 8497 juveniles prosecuted as adults.— 8498 (4) SENTENCING ALTERNATIVES.— 8499 (c) Adult sanctions upon failure of juvenile sanctions.—If 8500 a child proves not to be suitable to a commitment program, 8501 juvenile probation program, or treatment program under paragraph 8502 (b), the department shall provide the sentencing court with a 8503 written report outlining the basis for its objections to the 8504 juvenile sanction and shall simultaneously provide a copy of the 8505 report to the state attorney and the defense counsel. The 8506 department shall schedule a hearing within 30 days. Upon 8507 hearing, the court may revoke the previous adjudication, impose 8508 an adjudication of guilt, and impose any sentence which it may 8509 lawfully impose, giving credit for all time spent by the child 8510 in the department. The court may also classify the child as a 8511 youthful offender under s. 958.04, if appropriate. For purposes 8512 of this paragraph, a child may be found not suitable to a 8513 commitment program, community control program, or treatment 8514 program under paragraph (b) if the child commits a new violation 8515 of law while under juvenile sanctions, if the child commits any 8516 other violation of the conditions of juvenile sanctions, or if 8517 the child’s actions are otherwise determined by the court to 8518 demonstrate a failure of juvenile sanctions. 8519 8520 It is the intent of the Legislature that the criteria and 8521 guidelines in this subsection are mandatory and that a 8522 determination of disposition under this subsection is subject to 8523 the right of the child to appellate review under s. 985.534. 8524 Section 171. For the purpose of incorporating the amendment 8525 made by this act to section 985.557, Florida Statutes, in a 8526 reference thereto, subsection (3) of section 985.556, Florida 8527 Statutes, is reenacted to read: 8528 985.556 Waiver of juvenile court jurisdiction; hearing.— 8529 (3) INVOLUNTARY MANDATORY WAIVER.— 8530 (a) If the child was 14 years of age or older, and if the 8531 child has been previously adjudicated delinquent for an act 8532 classified as a felony, which adjudication was for the 8533 commission of, attempt to commit, or conspiracy to commit 8534 murder, sexual battery, armed or strong-armed robbery, 8535 carjacking, home-invasion robbery, aggravated battery, 8536 aggravated assault, or burglary with an assault or battery, and 8537 the child is currently charged with a second or subsequent 8538 violent crime against a person; or 8539 (b) If the child was 14 years of age or older at the time 8540 of commission of a fourth or subsequent alleged felony offense 8541 and the child was previously adjudicated delinquent or had 8542 adjudication withheld for or was found to have committed, or to 8543 have attempted or conspired to commit, three offenses that are 8544 felony offenses if committed by an adult, and one or more of 8545 such felony offenses involved the use or possession of a firearm 8546 or violence against a person; 8547 8548 the state attorney shall request the court to transfer and 8549 certify the child for prosecution as an adult or shall provide 8550 written reasons to the court for not making such request, or 8551 proceed under s. 985.557(1). Upon the state attorney’s request, 8552 the court shall either enter an order transferring the case and 8553 certifying the case for trial as if the child were an adult or 8554 provide written reasons for not issuing such an order. 8555 Section 172. For the purpose of incorporating the amendment 8556 made by this act to section 985.557, Florida Statutes, in a 8557 reference thereto, subsection (1) of section 985.15, Florida 8558 Statutes, is reenacted to read: 8559 985.15 Filing decisions.— 8560 (1) The state attorney may in all cases take action 8561 independent of the action or lack of action of the juvenile 8562 probation officer and shall determine the action that is in the 8563 best interest of the public and the child. If the child meets 8564 the criteria requiring prosecution as an adult under s. 985.556, 8565 the state attorney shall request the court to transfer and 8566 certify the child for prosecution as an adult or shall provide 8567 written reasons to the court for not making such a request. In 8568 all other cases, the state attorney may: 8569 (a) File a petition for dependency; 8570 (b) File a petition under chapter 984; 8571 (c) File a petition for delinquency; 8572 (d) File a petition for delinquency with a motion to 8573 transfer and certify the child for prosecution as an adult; 8574 (e) File an information under s. 985.557; 8575 (f) Refer the case to a grand jury; 8576 (g) Refer the child to a diversionary, pretrial 8577 intervention, arbitration, or mediation program, or to some 8578 other treatment or care program if such program commitment is 8579 voluntarily accepted by the child or the child’s parents or 8580 legal guardian; or 8581 (h) Decline to file. 8582 Section 173. For the purpose of incorporating the amendment 8583 made by this act to section 985.557, Florida Statutes, in a 8584 reference thereto, paragraph (c) of subsection (2) of section 8585 985.26, Florida Statutes, is reenacted to read: 8586 985.26 Length of detention.— 8587 (2) 8588 (c) A prolific juvenile offender under s. 985.255(1)(j) 8589 shall be placed on nonsecure detention care with electronic 8590 monitoring or in secure detention care under a special detention 8591 order until disposition. If secure detention care is ordered by 8592 the court, it must be authorized under this part and may not 8593 exceed: 8594 1. Twenty-one days unless an adjudicatory hearing for the 8595 case has been commenced in good faith by the court or the period 8596 is extended by the court pursuant to paragraph (b); or 8597 2. Fifteen days after the entry of an order of 8598 adjudication. 8599 8600 As used in this paragraph, the term “disposition” means a 8601 declination to file under s. 985.15(1)(h), the entry of nolle 8602 prosequi for the charges, the filing of an indictment under s. 8603 985.56 or an information under s. 985.557, a dismissal of the 8604 case, or an order of final disposition by the court. 8605 Section 174. Except as otherwise expressly provided in this 8606 act, and except for this section, which shall take effect upon 8607 this act becoming a law, this act shall take effect October 1, 8608 2019.