Bill Text: FL S0768 | 2014 | Regular Session | Comm Sub
Bill Title: Human Trafficking
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 989 (Ch. 2014-160) [S0768 Detail]
Download: Florida-2014-S0768-Comm_Sub.html
Florida Senate - 2014 CS for CS for CS for SB 768
By the Committees on Appropriations; Judiciary; and Criminal
Justice; and Senators Braynon and Joyner
576-04520-14 2014768c3
1 A bill to be entitled
2 An act relating to human trafficking; amending s.
3 92.56, F.S.; authorizing a defendant who has been
4 charged with specified human trafficking offenses to
5 apply for an order of disclosure of confidential and
6 exempt information; authorizing the court to use a
7 pseudonym, instead of a victim’s name, to designate
8 the victim of specified human trafficking offenses;
9 providing that trial testimony for specified human
10 trafficking offenses may be published or broadcast
11 under certain circumstances; amending s. 450.021,
12 F.S.; prohibiting the employment of minors in adult
13 theaters; amending s. 450.045, F.S.; requiring adult
14 theaters to verify the ages of employees and
15 independent contractors and maintain specified
16 documentation; amending s. 775.082, F.S.; providing a
17 life sentence for a specified felony; amending s.
18 775.15, F.S.; eliminating the statute of limitations
19 for prosecutions under a specified human trafficking
20 provision; providing applicability; amending s.
21 787.06, F.S.; revising and providing penalties for
22 various human trafficking offenses against minors and
23 adults; creating s. 796.001, F.S.; providing
24 legislative intent concerning prosecutions of adults
25 for certain offenses involving minors; repealing ss.
26 796.03, 796.035, and 796.036, F.S., relating to
27 procuring a person under the age of 18 for
28 prostitution, selling or buying of minors into
29 prostitution, and reclassification of certain
30 violations involving minors, respectively; amending
31 ss. 796.05 and 796.07, F.S.; revising and providing
32 penalties for various prostitution offenses; amending
33 s. 921.0022, F.S.; conforming provisions of the
34 offense severity ranking chart of the Criminal
35 Punishment Code to changes made by the act; amending
36 s. 943.0583, F.S.; providing for expunction of
37 criminal history records of certain criminal charges
38 against victims of human trafficking that did not
39 result in convictions; requiring destruction of
40 investigative records related to such expunged
41 records; amending s. 960.065, F.S.; providing an
42 exception to ineligibility for victim assistance
43 awards to specified victims of human trafficking;
44 amending s. 960.199, F.S.; authorizing the Department
45 of Legal Affairs to provide relocation assistance to a
46 victim of specified human trafficking offenses;
47 requiring the human trafficking offense to be reported
48 to the proper authorities and certified by the state
49 attorney or statewide prosecutor; requiring the state
50 attorney’s or statewide prosecutor’s approval of a
51 rape crisis center’s or a certified domestic violence
52 center’s certification that a victim is cooperating
53 with law enforcement officials; providing that the act
54 of human trafficking must occur under certain
55 circumstances for the victim to be eligible for
56 relocation assistance; amending ss. 39.01, 90.404,
57 772.102, 775.0877, 775.21, 787.01, 787.02, 794.056,
58 856.022, 895.02, 938.085, 938.10, 943.0435, 943.0585,
59 943.059, 944.606, 944.607, 948.013, and 948.32, F.S.;
60 conforming cross-references; providing an effective
61 date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Section 92.56, Florida Statutes, is amended to
66 read:
67 92.56 Judicial proceedings and court records involving
68 sexual offenses and human trafficking.—
69 (1)(a) The confidential and exempt status of criminal
70 intelligence information or criminal investigative information
71 made confidential and exempt pursuant to s. 119.071(2)(h) must
72 be maintained in court records pursuant to s. 119.0714(1)(h) and
73 in court proceedings, including testimony from witnesses.
74 (b) If a petition for access to such confidential and
75 exempt records is filed with the trial court having jurisdiction
76 over the alleged offense, the confidential and exempt status of
77 such information shall be maintained by the court if the state
78 or the victim demonstrates that:
79 1. The identity of the victim is not already known in the
80 community;
81 2. The victim has not voluntarily called public attention
82 to the offense;
83 3. The identity of the victim has not otherwise become a
84 reasonable subject of public concern;
85 4. The disclosure of the victim’s identity would be
86 offensive to a reasonable person; and
87 5. The disclosure of the victim’s identity would:
88 a. Endanger the victim because the assailant has not been
89 apprehended and is not otherwise known to the victim;
90 b. Endanger the victim because of the likelihood of
91 retaliation, harassment, or intimidation;
92 c. Cause severe emotional or mental harm to the victim;
93 d. Make the victim unwilling to testify as a witness; or
94 e. Be inappropriate for other good cause shown.
95 (2) A defendant charged with a crime specified described in
96 s. 787.06(3)(a), if the victim is younger than 18 years of age,
97 in s. 787.06(3)(b), (d), (f), or (g), or in chapter 794 or
98 chapter 800, or with child abuse, aggravated child abuse, or
99 sexual performance by a child as described in chapter 827, may
100 apply to the trial court for an order of disclosure of
101 information in court records held confidential and exempt
102 pursuant to s. 119.0714(1)(h) or maintained as confidential and
103 exempt pursuant to court order under this section. Such
104 identifying information concerning the victim may be released to
105 the defendant or his or her attorney in order to prepare the
106 defense. The confidential and exempt status of this information
107 does may not be construed to prevent the disclosure of the
108 victim’s identity to the defendant; however, the defendant may
109 not disclose the victim’s identity to any person other than the
110 defendant’s attorney or any other person directly involved in
111 the preparation of the defense. A willful and knowing disclosure
112 of the identity of the victim to any other person by the
113 defendant constitutes contempt.
114 (3) The state may use a pseudonym instead of the victim’s
115 name to designate the victim of a crime specified described in
116 s. 787.06(3)(a), if the victim is younger than 18 years of age,
117 in s. 787.06(3)(b), (d), (f), or (g), or in chapter 794 or
118 chapter 800, or of child abuse, aggravated child abuse, or
119 sexual performance by a child as described in chapter 827, or
120 any crime involving the production, possession, or promotion of
121 child pornography as described in chapter 847, in all court
122 records and records of court proceedings, both civil and
123 criminal.
124 (4) The protection of this section may be waived by the
125 victim of the alleged offense in a writing filed with the court,
126 in which the victim consents to the use or release of
127 identifying information during court proceedings and in the
128 records of court proceedings.
129 (5) This section does not prohibit the publication or
130 broadcast of the substance of trial testimony in a prosecution
131 for an offense specified described in s. 787.06(3)(a), if the
132 victim is younger than 18 years of age, in s. 787.06(3)(b), (d),
133 (f), or (g), or in chapter 794 or chapter 800, or for a crime of
134 child abuse, aggravated child abuse, or sexual performance by a
135 child, as described in chapter 827; however, but the publication
136 or broadcast may not include an identifying photograph, an
137 identifiable voice, or the name or address of the victim, unless
138 the victim has consented in writing to the publication and filed
139 such consent with the court or unless the court has declared
140 such records not confidential and exempt as provided for in
141 subsection (1).
142 (6) A willful and knowing violation of this section or a
143 willful and knowing failure to obey a any court order issued
144 under this section constitutes contempt.
145 Section 2. Subsection (5) is added to section 450.021,
146 Florida Statutes, to read:
147 450.021 Minimum age; general.—
148 (5) In order to better ensure the elimination of minors
149 being exploited and becoming victims of human trafficking, a
150 person under the age of 18, whether or not such person’s
151 disabilities of nonage have been removed by marriage or
152 otherwise, may not be employed, permitted, or suffered to work
153 in an adult theater, as defined in s. 847.001(2)(b).
154 Section 3. Subsection (3) is added to section 450.045,
155 Florida Statutes, to read:
156 450.045 Proof of identity and age; posting of notices.—
157 (3)(a) In order to provide the department and law
158 enforcement agencies the means to more effectively identify,
159 investigate, and arrest persons engaging in human trafficking,
160 an adult theater as defined in s. 847.001(2)(b) shall obtain
161 proof of the identity and age of each of its employees or
162 independent contractors, and shall verify the validity of the
163 identification and age verification document with the issuer,
164 before his or her employment or provision of services as an
165 independent contractor.
166 (b) The adult theater shall obtain and keep on record a
167 photocopy of the person’s driver license or state or federal
168 government-issued photo identification card, along with a record
169 of the verification of the validity of the identification and
170 age verification document with the issuer, during the entire
171 period of employment or business relationship with the
172 independent contractor and for at least 3 years after the
173 employee or independent contractor ceases employment or the
174 provision of services.
175 (c) The department and its agents have the authority to
176 enter during operating hours, unannounced and without prior
177 notice, and inspect at any time a place or establishment covered
178 by this subsection and to have access to age verification
179 documents kept on file by the adult theater and such other
180 records as may aid in the enforcement of this subsection.
181 Section 4. Paragraph (a) of subsection (3) of section
182 775.082, Florida Statutes, is amended to read:
183 775.082 Penalties; applicability of sentencing structures;
184 mandatory minimum sentences for certain reoffenders previously
185 released from prison.—
186 (3) A person who has been convicted of any other designated
187 felony may be punished as follows:
188 (a)1. For a life felony committed prior to October 1, 1983,
189 by a term of imprisonment for life or for a term of years not
190 less than 30.
191 2. For a life felony committed on or after October 1, 1983,
192 by a term of imprisonment for life or by a term of imprisonment
193 not exceeding 40 years.
194 3. Except as provided in subparagraph 4., for a life felony
195 committed on or after July 1, 1995, by a term of imprisonment
196 for life or by imprisonment for a term of years not exceeding
197 life imprisonment.
198 4.a. Except as provided in sub-subparagraph b., for a life
199 felony committed on or after September 1, 2005, which is a
200 violation of s. 800.04(5)(b), by:
201 (I) A term of imprisonment for life; or
202 (II) A split sentence that is a term of not less than 25
203 years’ imprisonment and not exceeding life imprisonment,
204 followed by probation or community control for the remainder of
205 the person’s natural life, as provided in s. 948.012(4).
206 b. For a life felony committed on or after July 1, 2008,
207 which is a person’s second or subsequent violation of s.
208 800.04(5)(b), by a term of imprisonment for life.
209 5. For a life felony committed on or after October 1, 2014,
210 which is a violation of s. 787.06(3)(g), by a term of
211 imprisonment for life.
212 Section 5. Subsection (18) is added to section 775.15,
213 Florida Statutes, to read:
214 775.15 Time limitations; general time limitations;
215 exceptions.—
216 (18) A prosecution for a violation of s. 787.06 may be
217 commenced at any time. This subsection applies to any such
218 offense except an offense the prosecution of which would have
219 been barred by subsection (2) on or before October 1, 2014.
220 Section 6. Subsections (3) and (4) of section 787.06,
221 Florida Statutes, are amended, and subsection (8) is added to
222 that section, to read:
223 787.06 Human trafficking.—
224 (3) A Any person who knowingly, or in reckless disregard of
225 the facts, engages in human trafficking, or attempts to engage
226 in human trafficking, or benefits financially by receiving
227 anything of value from participation in a venture that has
228 subjected a person to human trafficking:
229 (a)1. Using coercion For labor or services of any child
230 under the age of 18 commits a felony of the first degree,
231 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
232 2. Using coercion for labor or services of an adult commits
233 a felony of the first degree, punishable as provided in s.
234 775.082, s. 775.083, or s. 775.084.
235 (b) Using coercion for commercial sexual activity of an
236 adult commits a felony of the first degree, punishable as
237 provided in s. 775.082, s. 775.083, or s. 775.084.
238 (c)1. Using coercion For labor or services of any child
239 under the age of 18 individual who is an unauthorized alien
240 commits a felony of the first degree, punishable as provided in
241 s. 775.082, s. 775.083, or s. 775.084.
242 2. Using coercion for labor or services of an adult who is
243 an unauthorized alien commits a felony of the first degree,
244 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
245 (d) Using coercion for commercial sexual activity of an
246 adult any individual who is an unauthorized alien commits a
247 felony of the first degree, punishable as provided in s.
248 775.082, s. 775.083, or s. 775.084.
249 (e)1. Using coercion For labor or services who does so by
250 the transfer or transport of any child under the age of 18
251 individual from outside this state to within the state commits a
252 felony of the first degree, punishable as provided in s.
253 775.082, s. 775.083, or s. 775.084.
254 2. Using coercion for labor or services who does so by the
255 transfer or transport of an adult from outside this state to
256 within the state commits a felony of the first degree,
257 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
258 (f)1. Using coercion For commercial sexual activity who
259 does so by the transfer or transport of any child under the age
260 of 18 individual from outside this state to within the state
261 commits a felony of the first degree, punishable by imprisonment
262 for a term of years not exceeding life, or as provided in s.
263 775.082, s. 775.083, or s. 775.084.
264 2. Using coercion for commercial sexual activity who does
265 so by the transfer or transport of an adult from outside this
266 state to within the state commits a felony of the first degree,
267 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
268 (g) For commercial sexual activity in which any child under
269 the age of 18, or in which any person who is mentally defective
270 or mentally incapacitated as those terms are defined in s.
271 794.011(1), is involved commits a life felony of the first
272 degree, punishable by imprisonment for a term of years not
273 exceeding life, or as provided in s. 775.082(3)(a)5. 775.082, s.
274 775.083, or s. 775.084. In a prosecution under this paragraph in
275 which the defendant had a reasonable opportunity to observe the
276 person who was subject to human trafficking, the state need not
277 prove that the defendant knew that the person had not attained
278 the age of 18 years.
279 (h) For commercial sexual activity in which any child under
280 the age of 15 is involved commits a life felony, punishable as
281 provided in s. 775.082, s. 775.083, or s. 775.084. In a
282 prosecution under this paragraph in which the defendant had a
283 reasonable opportunity to observe the person who was subject to
284 human trafficking, the state need not prove that the defendant
285 knew that the person had not attained the age of 15 years.
286
287 For each instance of human trafficking of any individual under
288 this subsection, a separate crime is committed and a separate
289 punishment is authorized.
290 (4)(a) A Any parent, legal guardian, or other person having
291 custody or control of a minor who sells or otherwise transfers
292 custody or control of such minor, or offers to sell or otherwise
293 transfer custody of such minor, with knowledge or in reckless
294 disregard of the fact that, as a consequence of the sale or
295 transfer, the minor will be subject to human trafficking commits
296 a life first degree felony, punishable as provided in s.
297 775.082, s. 775.083, or s. 775.084.
298 (b) A person who permanently brands, or directs to be
299 branded, a victim of an offense under this section commits a
300 second degree felony, punishable as provided in s. 775.082, s.
301 775.083, or s. 775.084. For purposes of this subsection, the
302 term “permanently branded” means a mark on the individual’s body
303 that, if it can be removed or repaired at all, can be removed or
304 repaired only by surgical means, laser treatment, or other
305 medical procedure.
306 (8) In a prosecution under this section, the defendant’s
307 ignorance of the victim’s age, the victim’s misrepresentation of
308 his or her age, or the defendant’s bona fide belief of the
309 victim’s age cannot be raised as a defense.
310 Section 7. Section 796.001, Florida Statutes, is created to
311 read:
312 796.001 Offenses by adults involving minors; intent.—It is
313 the intent of the Legislature that adults who involve minors in
314 any behavior prohibited under this chapter be prosecuted under
315 other laws of this state, such as, but not limited to, s.
316 787.06, chapter 794, chapter 800, s. 810.145, chapter 827, and
317 chapter 847. The Legislature finds that the prosecution of such
318 adults under this chapter is inappropriate since a minor is
319 unable to consent to such behavior.
320 Section 8. Sections 796.03, 796.035, and 796.036, Florida
321 Statutes, are repealed.
322 Section 9. Section 796.05, Florida Statutes, is amended to
323 read:
324 796.05 Deriving support from the proceeds of prostitution.—
325 (1) It shall be unlawful for any person with reasonable
326 belief or knowing another person is engaged in prostitution to
327 live or derive support or maintenance in whole or in part from
328 what is believed to be the earnings or proceeds of such person’s
329 prostitution.
330 (2) Anyone violating this section commits:
331 (a) For a first offense, a felony of the second third
332 degree, punishable as provided in s. 775.082, s. 775.083, or s.
333 775.084.
334 (b) For a second offense, a felony of the first degree,
335 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
336 (c) For a third or subsequent offense, a felony of the
337 first degree punishable as provided in s. 775.082, s. 775.083,
338 or s. 775.084, with a mandatory minimum term of imprisonment of
339 10 years.
340 Section 10. Subsection (2) and subsections (4) through (6)
341 of section 796.07, Florida Statutes, are amended to read:
342 796.07 Prohibiting prostitution and related acts.—
343 (2) It is unlawful:
344 (a) To own, establish, maintain, or operate any place,
345 structure, building, or conveyance for the purpose of lewdness,
346 assignation, or prostitution.
347 (b) To offer, or to offer or agree to secure, another for
348 the purpose of prostitution or for any other lewd or indecent
349 act.
350 (c) To receive, or to offer or agree to receive, any person
351 into any place, structure, building, or conveyance for the
352 purpose of prostitution, lewdness, or assignation, or to permit
353 any person to remain there for such purpose.
354 (d) To direct, take, or transport, or to offer or agree to
355 direct, take, or transport, any person to any place, structure,
356 or building, or to any other person, with knowledge or
357 reasonable cause to believe that the purpose of such directing,
358 taking, or transporting is prostitution, lewdness, or
359 assignation.
360 (e) To offer to commit, or to commit, or to engage in,
361 prostitution, lewdness, or assignation.
362 (f) To solicit, induce, entice, or procure another to
363 commit prostitution, lewdness, or assignation.
364 (g) To reside in, enter, or remain in, any place,
365 structure, or building, or to enter or remain in any conveyance,
366 for the purpose of prostitution, lewdness, or assignation.
367 (h) To aid or, abet, or participate in any of the acts or
368 things enumerated in this subsection.
369 (i) To purchase the services of any person engaged in
370 prostitution.
371 (4) A person who violates paragraph (2)(e) or (g) any
372 provision of this section commits:
373 (a) A misdemeanor of the second degree for a first
374 violation, punishable as provided in s. 775.082 or s. 775.083.
375 (b) A misdemeanor of the first degree for a second
376 violation, punishable as provided in s. 775.082 or s. 775.083.
377 (c) A felony of the third degree for a third or subsequent
378 violation, punishable as provided in s. 775.082, s. 775.083, or
379 s. 775.084.
380 (5) A person who violates paragraph (2)(a), (b), (c), (d),
381 (f), (h), or (i) commits:
382 (a) For a first offense, a felony of the third degree,
383 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
384 (b) For a second offense, a felony of the second degree,
385 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
386 (c) For a third or subsequent offense, a felony of the
387 first degree, punishable as provided in s. 775.082, s. 775.083,
388 or s. 775.084. A person who is charged with a third or
389 subsequent violation of this section shall be offered admission
390 to a pretrial intervention program or a substance abuse
391 treatment program as provided in s. 948.08.
392 (6) A person who violates paragraph (2)(a), (b), (c), (d),
393 (f), (h), or (i) paragraph (2)(f) shall be assessed a criminal
394 civil penalty of $5,000 if the violation results in any judicial
395 disposition other than acquittal or dismissal. Of the proceeds
396 from each penalty assessed under this subsection, the first $500
397 shall be paid to the circuit court administrator for the sole
398 purpose of paying the administrative costs of treatment-based
399 drug court programs provided under s. 397.334. The remainder of
400 the penalty assessed shall be deposited in the Operations and
401 Maintenance Trust Fund of the Department of Children and Family
402 Services for the sole purpose of funding safe houses and short
403 term safe houses as provided in s. 409.1678.
404 Section 11. Paragraphs (c), (e), and (g) through (j) of
405 subsection (3) of section 921.0022, Florida Statutes, are
406 amended to read:
407 921.0022 Criminal Punishment Code; offense severity ranking
408 chart.—
409 (3) OFFENSE SEVERITY RANKING CHART
410 (c) LEVEL 3
411
412
413 FloridaStatute FelonyDegree Description
414 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
415 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
416 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
417 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
418 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
419 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
420 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
421 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
422 327.35(2)(b) 3rd Felony BUI.
423 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
424 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
425 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
426 379.2431 (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.
427 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
428 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
429 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
430 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
431 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
432 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
433 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
434 697.08 3rd Equity skimming.
435 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
436 796.05(1) 3rd Live on earnings of a prostitute.
437 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
438 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
439 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
440 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
441 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
442 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
443 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
444 817.233 3rd Burning to defraud insurer.
445 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
446 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
447 817.236 3rd Filing a false motor vehicle insurance application.
448 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
449 817.413(2) 3rd Sale of used goods as new.
450 817.505(4) 3rd Patient brokering.
451 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
452 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
453 831.29 2nd Possession of instruments for counterfeiting drivers’ licenses or identification cards.
454 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
455 843.19 3rd Injure, disable, or kill police dog or horse.
456 860.15(3) 3rd Overcharging for repairs and parts.
457 870.01(2) 3rd Riot; inciting or encouraging.
458 893.13(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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
459 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
460 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
461 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
462 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
463 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
464 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
465 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
466 893.13(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.
467 893.13(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.
468 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
469 893.13(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.
470 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
471 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
472 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
473 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
474 (e) LEVEL 5
475
476
477 FloridaStatute FelonyDegree Description
478 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
479 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
480 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
481 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
482 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
483 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
484 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
485 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
486 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
487 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
488 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
489 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
490 790.01(2) 3rd Carrying a concealed firearm.
491 790.162 2nd Threat to throw or discharge destructive device.
492 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
493 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
494 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
495 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
496 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
497 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
498 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
499 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
500 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
501 812.019(1) 2nd Stolen property; dealing in or trafficking in.
502 812.131(2)(b) 3rd Robbery by sudden snatching.
503 812.16(2) 3rd Owning, operating, or conducting a chop shop.
504 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
505 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
506 817.2341(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.
507 817.568(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 individuals.
508 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
509 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
510 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
511 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
512 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
513 843.01 3rd Resist officer with violence to person; resist arrest with violence.
514 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
515 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
516 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
517 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
518 874.05(2)(a) 2nd Encouraging or recruiting person under 13 to join a criminal gang.
519 893.13(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)4. drugs).
520 893.13(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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (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.
521 893.13(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)4. drugs) within 1,000 feet of university.
522 893.13(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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
523 893.13(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)4. drugs) within 1,000 feet of public housing facility.
524 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
525 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
526 (g) LEVEL 7
527
528
529 FloridaStatute FelonyDegree Description
530 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
531 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
532 316.1935(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.
533 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
534 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
535 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
536 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
537 456.065(2) 3rd Practicing a health care profession without a license.
538 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
539 458.327(1) 3rd Practicing medicine without a license.
540 459.013(1) 3rd Practicing osteopathic medicine without a license.
541 460.411(1) 3rd Practicing chiropractic medicine without a license.
542 461.012(1) 3rd Practicing podiatric medicine without a license.
543 462.17 3rd Practicing naturopathy without a license.
544 463.015(1) 3rd Practicing optometry without a license.
545 464.016(1) 3rd Practicing nursing without a license.
546 465.015(2) 3rd Practicing pharmacy without a license.
547 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
548 467.201 3rd Practicing midwifery without a license.
549 468.366 3rd Delivering respiratory care services without a license.
550 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
551 483.901(9) 3rd Practicing medical physics without a license.
552 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
553 484.053 3rd Dispensing hearing aids without a license.
554 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
555 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
556 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
557 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
558 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
559 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
560 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
561 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
562 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
563 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
564 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
565 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
566 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
567 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
568 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
569 784.048(7) 3rd Aggravated stalking; violation of court order.
570 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
571 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
572 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
573 784.081(1) 1st Aggravated battery on specified official or employee.
574 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
575 784.083(1) 1st Aggravated battery on code inspector.
576 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
577 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult any individual from outside Florida to within the state.
578 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
579 790.16(1) 1st Discharge of a machine gun under specified circumstances.
580 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
581 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
582 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
583 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
584 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
585 794.08(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.
586 796.03 2nd Procuring any person under 16 years for prostitution.
587 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
588 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
589 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
590 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
591 806.01(2) 2nd Maliciously damage structure by fire or explosive.
592 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
593 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
594 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
595 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
596 812.014(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.
597 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
598 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
599 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
600 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
601 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
602 812.131(2)(a) 2nd Robbery by sudden snatching.
603 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
604 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
605 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
606 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
607 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
608 817.2341 (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.
609 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
610 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
611 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
612 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
613 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
614 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
615 838.015 2nd Bribery.
616 838.016 2nd Unlawful compensation or reward for official behavior.
617 838.021(3)(a) 2nd Unlawful harm to a public servant.
618 838.22 2nd Bid tampering.
619 843.0855(2) 3rd Impersonation of a public officer or employee.
620 843.0855(3) 3rd Unlawful simulation of legal process.
621 843.0855(4) 3rd Intimidation of a public officer or employee.
622 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
623 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
624 872.06 2nd Abuse of a dead human body.
625 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
626 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
627 893.13(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)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
628 893.13(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)4., within 1,000 feet of property used for religious services or a specified business site.
629 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
630 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
631 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
632 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
633 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
634 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
635 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
636 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
637 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
638 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
639 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
640 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
641 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
642 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
643 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
644 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
645 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
646 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
647 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
648 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
649 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
650 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
651 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
652 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
653 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
654 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
655 (h) LEVEL 8
656
657
658 FloridaStatute FelonyDegree Description
659 316.193 (3)(c)3.a. 2nd DUI manslaughter.
660 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
661 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
662 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
663 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
664 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
665 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
666 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
667 777.03(2)(a) 1st Accessory after the fact, capital felony.
668 782.04(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.
669 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
670 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
671 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
672 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
673 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
674 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
675 787.06(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.
676 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult individual from outside Florida to within the state.
677 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
678 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
679 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
680 800.04(4) 2nd Lewd or lascivious battery.
681 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
682 810.02(2)(a) 1st,PBL Burglary with assault or battery.
683 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
684 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
685 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
686 812.13(2)(b) 1st Robbery with a weapon.
687 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
688 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
689 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
690 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
691 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
692 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
693 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
694 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
695 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
696 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
697 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
698 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
699 860.16 1st Aircraft piracy.
700 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
701 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
702 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
703 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
704 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
705 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
706 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
707 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
708 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
709 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
710 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
711 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
712 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
713 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
714 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
715 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
716 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
717 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
718 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
719 (i) LEVEL 9
720
721
722 FloridaStatute FelonyDegree Description
723 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
724 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
725 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
726 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
727 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
728 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
729 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
730 775.0844 1st Aggravated white collar crime.
731 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
732 782.04(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.
733 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
734 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
735 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
736 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
737 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
738 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
739 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
740 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
741 787.06(3)(f)1. 1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of a child from outside Florida to within the state.
742 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
743 787.06(4) 1st Selling or buying of minors into human trafficking.
744 790.161 1st Attempted capital destructive device offense.
745 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
746 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
747 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
748 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
749 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
750 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
751 796.035 1st Selling or buying of minors into prostitution.
752 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
753 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
754 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
755 812.135(2)(b) 1st Home-invasion robbery with weapon.
756 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
757 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
758 817.535(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.
759 817.568(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.
760 827.03(2)(a) 1st Aggravated child abuse.
761 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
762 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
763 859.01 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.
764 893.135 1st Attempted capital trafficking offense.
765 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
766 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
767 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
768 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
769 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
770 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
771 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
772 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
773 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
774 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
775 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
776 (j) LEVEL 10
777
778
779 FloridaStatute FelonyDegree Description
780 499.0051(10) 1st Knowing sale or purchase of contraband prescription drugs resulting in death.
781 782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
782 782.07(3) 1st Aggravated manslaughter of a child.
783 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
784 787.01(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.
785 787.06(3)(g) 787.06(3)(h) Life Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person 15.
786 787.06(4)(a) Life Selling or buying of minors into human trafficking.
787 794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
788 812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon.
789 876.32 1st Treason against the state.
790 Section 12. Subsection (3), paragraph (a) of subsection
791 (8), and paragraph (a) of subsection (10) of section 943.0583,
792 Florida Statutes, are amended to read:
793 943.0583 Human trafficking victim expunction.—
794 (3) A person who is a victim of human trafficking may
795 petition for the expunction of a criminal history record
796 resulting from the arrest or filing of charges any conviction
797 for an offense committed or reported to have been committed
798 while the person he or she was a victim of human trafficking,
799 which offense was committed or reported to have been committed
800 as a part of the human trafficking scheme of which the person he
801 or she was a victim or at the direction of an operator of the
802 scheme, including, but not limited to, violations under chapters
803 796 and 847, without regard to the disposition of the arrest or
804 of any charges. However, this section does not apply to any
805 offense listed in s. 775.084(1)(b)1. Determination of the
806 petition under this section should be by a preponderance of the
807 evidence. A conviction expunged under this section is deemed to
808 have been vacated due to a substantive defect in the underlying
809 criminal proceedings. If a person is adjudicated not guilty by
810 reason of insanity or is found to be incompetent to stand trial
811 for any such charge, the expunction of the criminal history
812 record may not prevent the entry of the judgment or finding in
813 state and national databases for use in determining eligibility
814 to purchase or possess a firearm or to carry a concealed
815 firearm, as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s.
816 922(t), nor shall it prevent any governmental agency that is
817 authorized by state or federal law to determine eligibility to
818 purchase or possess a firearm or to carry a concealed firearm
819 from accessing or using the record of the judgment or finding in
820 the course of such agency’s official duties.
821 (8)(a) Any criminal history record of a minor or an adult
822 that is ordered expunged by the court of original jurisdiction
823 over the charges crime sought to be expunged pursuant to this
824 section must be physically destroyed or obliterated by any
825 criminal justice agency having custody of such record, except
826 that any criminal history record in the custody of the
827 department must be retained in all cases.
828 (10)(a) A criminal history record ordered expunged under
829 this section that is retained by the department is confidential
830 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
831 Constitution, except that the record shall be made available to
832 criminal justice agencies for their respective criminal justice
833 purposes and to any governmental agency that is authorized by
834 state or federal law to determine eligibility to purchase or
835 possess a firearm or to carry a concealed firearm for use in the
836 course of such agency’s official duties. Otherwise, such record
837 may shall not be disclosed to any person or entity except upon
838 order of a court of competent jurisdiction. A criminal justice
839 agency may retain a notation indicating compliance with an order
840 to expunge.
841 Section 13. Subsection (2) of section 960.065, Florida
842 Statutes, is amended to read:
843 960.065 Eligibility for awards.—
844 (2) A Any claim is ineligible for an award if it is filed
845 by or on behalf of a person who:
846 (a) Committed or aided in the commission of the crime upon
847 which the claim for compensation was based;
848 (b) Was engaged in an unlawful activity at the time of the
849 crime upon which the claim for compensation is based, unless the
850 victim was engaged in prostitution as a result of being a victim
851 of human trafficking as described in s. 787.06(3)(b), (d), (f),
852 or (g);
853 (c) Was in custody or confined, regardless of conviction,
854 in a county or municipal detention facility, a state or federal
855 correctional facility, or a juvenile detention or commitment
856 facility at the time of the crime upon which the claim for
857 compensation is based;
858 (d) Has been adjudicated as a habitual felony offender,
859 habitual violent offender, or violent career criminal under s.
860 775.084; or
861 (e) Has been adjudicated guilty of a forcible felony
862 offense as described in s. 776.08,
863
864 is ineligible for an award.
865 Section 14. Section 960.199, Florida Statutes, is amended
866 to read:
867 960.199 Relocation assistance for victims of sexual battery
868 or human trafficking.—
869 (1) The department may award a one-time payment of up to
870 $1,500 on any one claim and a lifetime maximum of $3,000 to a
871 victim of sexual battery as defined in s. 794.011 or of human
872 trafficking as described in s. 787.06(3)(b), (d), (f), or (g)
873 who needs relocation assistance.
874 (2) In order for an award to be granted to a victim for
875 relocation assistance:
876 (a) There must be proof that a sexual battery offense or
877 human trafficking offense as described in s. 787.06(3)(b), (d),
878 (f), or (g) was committed.
879 (b) The sexual battery offense or human trafficking offense
880 as specified in s. 787.06(3)(b), (d), (f), or (g) must be
881 reported to the proper authorities.
882 (c) The victim’s need for assistance must be certified by a
883 certified rape crisis center in this state or by the state
884 attorney or statewide prosecutor having jurisdiction over the
885 offense. A victim of human trafficking’s need for assistance may
886 also be certified by a state-certified domestic violence center.
887 (d) The center’s center certification must assert that the
888 victim is cooperating with law enforcement officials, if
889 applicable, and must include documentation that the victim has
890 developed a safety plan. If the victim seeking relocation
891 assistance is a victim of a human trafficking offense as
892 specified in s. 787.06(3)(b), (d), (f), or (g), the certified
893 rape crisis center’s or certified domestic violence center’s
894 certification shall include approval of the state attorney or
895 statewide prosecutor, who shall attest that the victim is
896 cooperating with law enforcement officials, if applicable.
897 (e) The act of sexual battery or human trafficking as
898 specified in s. 787.06(3)(b), (d), (f), or (g) must be committed
899 in the victim’s place of residence or in a location that would
900 lead the victim to reasonably fear for his or her continued
901 safety in the place of residence.
902 (3) Relocation payments for a sexual battery or human
903 trafficking claim under this section shall be denied if the
904 department has previously approved or paid out a domestic
905 violence relocation claim under s. 960.198 to the same victim
906 regarding the same incident.
907 Section 15. Paragraph (g) of subsection (67) of section
908 39.01, Florida Statutes, is amended to read:
909 39.01 Definitions.—When used in this chapter, unless the
910 context otherwise requires:
911 (67) “Sexual abuse of a child” for purposes of finding a
912 child to be dependent means one or more of the following acts:
913 (g) The sexual exploitation of a child, which includes the
914 act of a child offering to engage in or engaging in
915 prostitution, provided that the child is not under arrest or is
916 not being prosecuted in a delinquency or criminal proceeding for
917 a violation of any offense in chapter 796 based on such
918 behavior; or allowing, encouraging, or forcing a child to:
919 1. Solicit for or engage in prostitution;
920 2. Engage in a sexual performance, as defined by chapter
921 827; or
922 3. Participate in the trade of human sex trafficking as
923 provided in s. 787.06(3)(g) s. 796.035.
924 Section 16. Paragraphs (b) and (c) of subsection (2) of
925 section 90.404, Florida Statutes, are amended to read:
926 90.404 Character evidence; when admissible.—
927 (2) OTHER CRIMES, WRONGS, OR ACTS.—
928 (b)1. In a criminal case in which the defendant is charged
929 with a crime involving child molestation, evidence of the
930 defendant’s commission of other crimes, wrongs, or acts of child
931 molestation is admissible and may be considered for its bearing
932 on any matter to which it is relevant.
933 2. For the purposes of this paragraph, the term “child
934 molestation” means conduct proscribed by s. 787.025(2)(c), s.
935 787.06(3)(g) and (h), s. 794.011, excluding s. 794.011(10), s.
936 794.05, s. 796.03, s. 796.035, s. 800.04, s. 827.071, s.
937 847.0135(5), s. 847.0145, or s. 985.701(1) when committed
938 against a person 16 years of age or younger.
939 (c)1. In a criminal case in which the defendant is charged
940 with a sexual offense, evidence of the defendant’s commission of
941 other crimes, wrongs, or acts involving a sexual offense is
942 admissible and may be considered for its bearing on any matter
943 to which it is relevant.
944 2. For the purposes of this paragraph, the term “sexual
945 offense” means conduct proscribed by s. 787.025(2)(c),s.
946 787.06(3)(b), (d), (f), or (g), or (h), s. 794.011, excluding s.
947 794.011(10), s. 794.05, s. 796.03, s. 796.035, s.
948 825.1025(2)(b), s. 827.071, s. 847.0135(5), s. 847.0145, or s.
949 985.701(1).
950 Section 17. Paragraph (a) of subsection (1) of section
951 772.102, Florida Statutes, is amended to read:
952 772.102 Definitions.—As used in this chapter, the term:
953 (1) “Criminal activity” means to commit, to attempt to
954 commit, to conspire to commit, or to solicit, coerce, or
955 intimidate another person to commit:
956 (a) Any crime that is chargeable by indictment or
957 information under the following provisions:
958 1. Section 210.18, relating to evasion of payment of
959 cigarette taxes.
960 2. Section 414.39, relating to public assistance fraud.
961 3. Section 440.105 or s. 440.106, relating to workers’
962 compensation.
963 4. Part IV of chapter 501, relating to telemarketing.
964 5. Chapter 517, relating to securities transactions.
965 6. Section 550.235 or s. 550.3551, relating to dogracing
966 and horseracing.
967 7. Chapter 550, relating to jai alai frontons.
968 8. Chapter 552, relating to the manufacture, distribution,
969 and use of explosives.
970 9. Chapter 562, relating to beverage law enforcement.
971 10. Section 624.401, relating to transacting insurance
972 without a certificate of authority, s. 624.437(4)(c)1., relating
973 to operating an unauthorized multiple-employer welfare
974 arrangement, or s. 626.902(1)(b), relating to representing or
975 aiding an unauthorized insurer.
976 11. Chapter 687, relating to interest and usurious
977 practices.
978 12. Section 721.08, s. 721.09, or s. 721.13, relating to
979 real estate timeshare plans.
980 13. Chapter 782, relating to homicide.
981 14. Chapter 784, relating to assault and battery.
982 15. Chapter 787, relating to kidnapping or human
983 trafficking.
984 16. Chapter 790, relating to weapons and firearms.
985 17. Section 796.03, s. 796.04, s. 796.05, or s. 796.07,
986 relating to prostitution.
987 18. Chapter 806, relating to arson.
988 19. Section 810.02(2)(c), relating to specified burglary of
989 a dwelling or structure.
990 20. Chapter 812, relating to theft, robbery, and related
991 crimes.
992 21. Chapter 815, relating to computer-related crimes.
993 22. Chapter 817, relating to fraudulent practices, false
994 pretenses, fraud generally, and credit card crimes.
995 23. Section 827.071, relating to commercial sexual
996 exploitation of children.
997 24. Chapter 831, relating to forgery and counterfeiting.
998 25. Chapter 832, relating to issuance of worthless checks
999 and drafts.
1000 26. Section 836.05, relating to extortion.
1001 27. Chapter 837, relating to perjury.
1002 28. Chapter 838, relating to bribery and misuse of public
1003 office.
1004 29. Chapter 843, relating to obstruction of justice.
1005 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
1006 s. 847.07, relating to obscene literature and profanity.
1007 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1008 849.25, relating to gambling.
1009 32. Chapter 893, relating to drug abuse prevention and
1010 control.
1011 33. Section 914.22 or s. 914.23, relating to witnesses,
1012 victims, or informants.
1013 34. Section 918.12 or s. 918.13, relating to tampering with
1014 jurors and evidence.
1015 Section 18. Paragraph (m) of subsection (1) of section
1016 775.0877, Florida Statutes, is amended to read:
1017 775.0877 Criminal transmission of HIV; procedures;
1018 penalties.—
1019 (1) In any case in which a person has been convicted of or
1020 has pled nolo contendere or guilty to, regardless of whether
1021 adjudication is withheld, any of the following offenses, or the
1022 attempt thereof, which offense or attempted offense involves the
1023 transmission of body fluids from one person to another:
1024 (m) Sections 796.03, 796.07, and 796.08, relating to
1025 prostitution; or
1026
1027 the court shall order the offender to undergo HIV testing, to be
1028 performed under the direction of the Department of Health in
1029 accordance with s. 381.004, unless the offender has undergone
1030 HIV testing voluntarily or pursuant to procedures established in
1031 s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
1032 rule providing for HIV testing of criminal offenders or inmates,
1033 subsequent to her or his arrest for an offense enumerated in
1034 paragraphs (a)-(n) for which she or he was convicted or to which
1035 she or he pled nolo contendere or guilty. The results of an HIV
1036 test performed on an offender pursuant to this subsection are
1037 not admissible in any criminal proceeding arising out of the
1038 alleged offense.
1039 Section 19. Paragraph (a) of subsection (4) and paragraph
1040 (b) of subsection (10) of section 775.21, Florida Statutes, are
1041 amended to read:
1042 775.21 The Florida Sexual Predators Act.—
1043 (4) SEXUAL PREDATOR CRITERIA.—
1044 (a) For a current offense committed on or after October 1,
1045 1993, upon conviction, an offender shall be designated as a
1046 “sexual predator” under subsection (5), and subject to
1047 registration under subsection (6) and community and public
1048 notification under subsection (7) if:
1049 1. The felony is:
1050 a. A capital, life, or first-degree felony violation, or
1051 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
1052 is a minor and the defendant is not the victim’s parent or
1053 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
1054 violation of a similar law of another jurisdiction; or
1055 b. Any felony violation, or any attempt thereof, of s.
1056 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
1057 minor and the defendant is not the victim’s parent or guardian;
1058 s. 787.06(3)(b), (d), (f), or (g), or (h); s. 794.011, excluding
1059 s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1060 810.145(8)(b); s. 825.1025(2)(b); s. 827.071; s. 847.0135(5); s.
1061 847.0145; or s. 985.701(1); or a violation of a similar law of
1062 another jurisdiction, and the offender has previously been
1063 convicted of or found to have committed, or has pled nolo
1064 contendere or guilty to, regardless of adjudication, any
1065 violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
1066 the victim is a minor and the defendant is not the victim’s
1067 parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
1068 s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
1069 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
1070 847.0135, excluding s. 847.0135(6); s. 847.0145; or s.
1071 985.701(1); or a violation of a similar law of another
1072 jurisdiction;
1073 2. The offender has not received a pardon for any felony or
1074 similar law of another jurisdiction that is necessary for the
1075 operation of this paragraph; and
1076 3. A conviction of a felony or similar law of another
1077 jurisdiction necessary to the operation of this paragraph has
1078 not been set aside in any postconviction proceeding.
1079 (10) PENALTIES.—
1080 (b) A sexual predator who has been convicted of or found to
1081 have committed, or has pled nolo contendere or guilty to,
1082 regardless of adjudication, any violation, or attempted
1083 violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
1084 the victim is a minor and the defendant is not the victim’s
1085 parent or guardian; s. 794.011, excluding s. 794.011(10); s.
1086 794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s.
1087 847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a
1088 violation of a similar law of another jurisdiction when the
1089 victim of the offense was a minor, and who works, whether for
1090 compensation or as a volunteer, at any business, school, child
1091 care facility, park, playground, or other place where children
1092 regularly congregate, commits a felony of the third degree,
1093 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1094 Section 20. Paragraph (a) of subsection (3) of section
1095 787.01, Florida Statutes, is amended to read:
1096 787.01 Kidnapping; kidnapping of child under age 13,
1097 aggravating circumstances.—
1098 (3)(a) A person who commits the offense of kidnapping upon
1099 a child under the age of 13 and who, in the course of committing
1100 the offense, commits one or more of the following:
1101 1. Aggravated child abuse, as defined in s. 827.03;
1102 2. Sexual battery, as defined in chapter 794, against the
1103 child;
1104 3. Lewd or lascivious battery, lewd or lascivious
1105 molestation, lewd or lascivious conduct, or lewd or lascivious
1106 exhibition, in violation of s. 800.04 or s. 847.0135(5);
1107 4. A violation of s. 796.03 or s. 796.04, relating to
1108 prostitution, upon the child; or
1109 5. Exploitation of the child or allowing the child to be
1110 exploited, in violation of s. 450.151,
1111
1112 commits a life felony, punishable as provided in s. 775.082, s.
1113 775.083, or s. 775.084.
1114 Section 21. Paragraph (a) of subsection (3) of section
1115 787.02, Florida Statutes, is amended to read:
1116 787.02 False imprisonment; false imprisonment of child
1117 under age 13, aggravating circumstances.—
1118 (3)(a) A person who commits the offense of false
1119 imprisonment upon a child under the age of 13 and who, in the
1120 course of committing the offense, commits any offense enumerated
1121 in subparagraphs 1.-5., commits a felony of the first degree,
1122 punishable by imprisonment for a term of years not exceeding
1123 life or as provided in s. 775.082, s. 775.083, or s. 775.084.
1124 1. Aggravated child abuse, as defined in s. 827.03;
1125 2. Sexual battery, as defined in chapter 794, against the
1126 child;
1127 3. Lewd or lascivious battery, lewd or lascivious
1128 molestation, lewd or lascivious conduct, or lewd or lascivious
1129 exhibition, in violation of s. 800.04 or s. 847.0135(5);
1130 4. A violation of s. 796.03 or s. 796.04, relating to
1131 prostitution, upon the child; or
1132 5. Exploitation of the child or allowing the child to be
1133 exploited, in violation of s. 450.151.
1134 Section 22. Subsection (1) of section 794.056, Florida
1135 Statutes, is amended to read:
1136 794.056 Rape Crisis Program Trust Fund.—
1137 (1) The Rape Crisis Program Trust Fund is created within
1138 the Department of Health for the purpose of providing funds for
1139 rape crisis centers in this state. Trust fund moneys shall be
1140 used exclusively for the purpose of providing services for
1141 victims of sexual assault. Funds credited to the trust fund
1142 consist of those funds collected as an additional court
1143 assessment in each case in which a defendant pleads guilty or
1144 nolo contendere to, or is found guilty of, regardless of
1145 adjudication, an offense provided in s. 775.21(6) and (10)(a),
1146 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
1147 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
1148 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
1149 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
1150 s. 796.03; s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
1151 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
1152 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
1153 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
1154 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
1155 (14)(c); or s. 985.701(1). Funds credited to the trust fund also
1156 shall include revenues provided by law, moneys appropriated by
1157 the Legislature, and grants from public or private entities.
1158 Section 23. Subsection (1) of section 856.022, Florida
1159 Statutes, is amended to read:
1160 856.022 Loitering or prowling by certain offenders in close
1161 proximity to children; penalty.—
1162 (1) Except as provided in subsection (2), this section
1163 applies to a person convicted of committing, or attempting,
1164 soliciting, or conspiring to commit, any of the criminal
1165 offenses proscribed in the following statutes in this state or
1166 similar offenses in another jurisdiction against a victim who
1167 was under 18 years of age at the time of the offense: s. 787.01,
1168 s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
1169 the offender was not the victim’s parent or guardian; s.
1170 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
1171 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
1172 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
1173 847.0145; s. 985.701(1); or any similar offense committed in
1174 this state which has been redesignated from a former statute
1175 number to one of those listed in this subsection, if the person
1176 has not received a pardon for any felony or similar law of
1177 another jurisdiction necessary for the operation of this
1178 subsection and a conviction of a felony or similar law of
1179 another jurisdiction necessary for the operation of this
1180 subsection has not been set aside in any postconviction
1181 proceeding.
1182 Section 24. Paragraph (a) of subsection (1) of section
1183 895.02, Florida Statutes, is amended to read:
1184 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
1185 (1) “Racketeering activity” means to commit, to attempt to
1186 commit, to conspire to commit, or to solicit, coerce, or
1187 intimidate another person to commit:
1188 (a) Any crime that is chargeable by petition, indictment,
1189 or information under the following provisions of the Florida
1190 Statutes:
1191 1. Section 210.18, relating to evasion of payment of
1192 cigarette taxes.
1193 2. Section 316.1935, relating to fleeing or attempting to
1194 elude a law enforcement officer and aggravated fleeing or
1195 eluding.
1196 3. Section 403.727(3)(b), relating to environmental
1197 control.
1198 4. Section 409.920 or s. 409.9201, relating to Medicaid
1199 fraud.
1200 5. Section 414.39, relating to public assistance fraud.
1201 6. Section 440.105 or s. 440.106, relating to workers’
1202 compensation.
1203 7. Section 443.071(4), relating to creation of a fictitious
1204 employer scheme to commit reemployment assistance fraud.
1205 8. Section 465.0161, relating to distribution of medicinal
1206 drugs without a permit as an Internet pharmacy.
1207 9. Section 499.0051, relating to crimes involving
1208 contraband and adulterated drugs.
1209 10. Part IV of chapter 501, relating to telemarketing.
1210 11. Chapter 517, relating to sale of securities and
1211 investor protection.
1212 12. Section 550.235 or s. 550.3551, relating to dogracing
1213 and horseracing.
1214 13. Chapter 550, relating to jai alai frontons.
1215 14. Section 551.109, relating to slot machine gaming.
1216 15. Chapter 552, relating to the manufacture, distribution,
1217 and use of explosives.
1218 16. Chapter 560, relating to money transmitters, if the
1219 violation is punishable as a felony.
1220 17. Chapter 562, relating to beverage law enforcement.
1221 18. Section 624.401, relating to transacting insurance
1222 without a certificate of authority, s. 624.437(4)(c)1., relating
1223 to operating an unauthorized multiple-employer welfare
1224 arrangement, or s. 626.902(1)(b), relating to representing or
1225 aiding an unauthorized insurer.
1226 19. Section 655.50, relating to reports of currency
1227 transactions, when such violation is punishable as a felony.
1228 20. Chapter 687, relating to interest and usurious
1229 practices.
1230 21. Section 721.08, s. 721.09, or s. 721.13, relating to
1231 real estate timeshare plans.
1232 22. Section 775.13(5)(b), relating to registration of
1233 persons found to have committed any offense for the purpose of
1234 benefiting, promoting, or furthering the interests of a criminal
1235 gang.
1236 23. Section 777.03, relating to commission of crimes by
1237 accessories after the fact.
1238 24. Chapter 782, relating to homicide.
1239 25. Chapter 784, relating to assault and battery.
1240 26. Chapter 787, relating to kidnapping or human
1241 trafficking.
1242 27. Chapter 790, relating to weapons and firearms.
1243 28. Chapter 794, relating to sexual battery, but only if
1244 such crime was committed with the intent to benefit, promote, or
1245 further the interests of a criminal gang, or for the purpose of
1246 increasing a criminal gang member’s own standing or position
1247 within a criminal gang.
1248 29. Section 796.03, s. 796.035, s. 796.04, s. 796.05, or s.
1249 796.07, relating to prostitution and sex trafficking.
1250 30. Chapter 806, relating to arson and criminal mischief.
1251 31. Chapter 810, relating to burglary and trespass.
1252 32. Chapter 812, relating to theft, robbery, and related
1253 crimes.
1254 33. Chapter 815, relating to computer-related crimes.
1255 34. Chapter 817, relating to fraudulent practices, false
1256 pretenses, fraud generally, and credit card crimes.
1257 35. Chapter 825, relating to abuse, neglect, or
1258 exploitation of an elderly person or disabled adult.
1259 36. Section 827.071, relating to commercial sexual
1260 exploitation of children.
1261 37. Section 828.122, relating to fighting or baiting
1262 animals.
1263 38. Chapter 831, relating to forgery and counterfeiting.
1264 39. Chapter 832, relating to issuance of worthless checks
1265 and drafts.
1266 40. Section 836.05, relating to extortion.
1267 41. Chapter 837, relating to perjury.
1268 42. Chapter 838, relating to bribery and misuse of public
1269 office.
1270 43. Chapter 843, relating to obstruction of justice.
1271 44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
1272 s. 847.07, relating to obscene literature and profanity.
1273 45. Chapter 849, relating to gambling, lottery, gambling or
1274 gaming devices, slot machines, or any of the provisions within
1275 that chapter.
1276 46. Chapter 874, relating to criminal gangs.
1277 47. Chapter 893, relating to drug abuse prevention and
1278 control.
1279 48. Chapter 896, relating to offenses related to financial
1280 transactions.
1281 49. Sections 914.22 and 914.23, relating to tampering with
1282 or harassing a witness, victim, or informant, and retaliation
1283 against a witness, victim, or informant.
1284 50. Sections 918.12 and 918.13, relating to tampering with
1285 jurors and evidence.
1286 Section 25. Section 938.085, Florida Statutes, is amended
1287 to read:
1288 938.085 Additional cost to fund rape crisis centers.—In
1289 addition to any sanction imposed when a person pleads guilty or
1290 nolo contendere to, or is found guilty of, regardless of
1291 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
1292 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
1293 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
1294 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
1295 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; s. 796.03;
1296 s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 796.07(2)(a)-(d)
1297 and (i); s. 800.03; s. 800.04; s. 810.14; s. 810.145; s.
1298 812.135; s. 817.025; s. 825.102; s. 825.1025; s. 827.071; s.
1299 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 847.0145;
1300 s. 943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s.
1301 985.701(1), the court shall impose a surcharge of $151. Payment
1302 of the surcharge shall be a condition of probation, community
1303 control, or any other court-ordered supervision. The sum of $150
1304 of the surcharge shall be deposited into the Rape Crisis Program
1305 Trust Fund established within the Department of Health by
1306 chapter 2003-140, Laws of Florida. The clerk of the court shall
1307 retain $1 of each surcharge that the clerk of the court collects
1308 as a service charge of the clerk’s office.
1309 Section 26. Subsection (1) of section 938.10, Florida
1310 Statutes, is amended to read:
1311 938.10 Additional court cost imposed in cases of certain
1312 crimes.—
1313 (1) If a person pleads guilty or nolo contendere to, or is
1314 found guilty of, regardless of adjudication, any offense against
1315 a minor in violation of s. 784.085, chapter 787, chapter 794, s.
1316 796.03, s. 796.035, s. 800.04, chapter 827, s. 847.012, s.
1317 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145, s.
1318 893.147(3), or s. 985.701, or any offense in violation of s.
1319 775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
1320 court shall impose a court cost of $151 against the offender in
1321 addition to any other cost or penalty required by law.
1322 Section 27. Paragraph (a) of subsection (1) of section
1323 943.0435, Florida Statutes, is amended to read:
1324 943.0435 Sexual offenders required to register with the
1325 department; penalty.—
1326 (1) As used in this section, the term:
1327 (a)1. “Sexual offender” means a person who meets the
1328 criteria in sub-subparagraph a., sub-subparagraph b., sub
1329 subparagraph c., or sub-subparagraph d., as follows:
1330 a.(I) Has been convicted of committing, or attempting,
1331 soliciting, or conspiring to commit, any of the criminal
1332 offenses proscribed in the following statutes in this state or
1333 similar offenses in another jurisdiction: s. 787.01, s. 787.02,
1334 or s. 787.025(2)(c), where the victim is a minor and the
1335 defendant is not the victim’s parent or guardian; s.
1336 787.06(3)(b), (d), (f), or (g), or (h); s. 794.011, excluding s.
1337 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1338 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1339 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1340 or s. 985.701(1); or any similar offense committed in this state
1341 which has been redesignated from a former statute number to one
1342 of those listed in this sub-sub-subparagraph; and
1343 (II) Has been released on or after October 1, 1997, from
1344 the sanction imposed for any conviction of an offense described
1345 in sub-sub-subparagraph (I). For purposes of sub-sub
1346 subparagraph (I), a sanction imposed in this state or in any
1347 other jurisdiction includes, but is not limited to, a fine,
1348 probation, community control, parole, conditional release,
1349 control release, or incarceration in a state prison, federal
1350 prison, private correctional facility, or local detention
1351 facility;
1352 b. Establishes or maintains a residence in this state and
1353 who has not been designated as a sexual predator by a court of
1354 this state but who has been designated as a sexual predator, as
1355 a sexually violent predator, or by another sexual offender
1356 designation in another state or jurisdiction and was, as a
1357 result of such designation, subjected to registration or
1358 community or public notification, or both, or would be if the
1359 person were a resident of that state or jurisdiction, without
1360 regard to whether the person otherwise meets the criteria for
1361 registration as a sexual offender;
1362 c. Establishes or maintains a residence in this state who
1363 is in the custody or control of, or under the supervision of,
1364 any other state or jurisdiction as a result of a conviction for
1365 committing, or attempting, soliciting, or conspiring to commit,
1366 any of the criminal offenses proscribed in the following
1367 statutes or similar offense in another jurisdiction: s. 787.01,
1368 s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
1369 the defendant is not the victim’s parent or guardian; s.
1370 787.06(3)(b), (d), (f), or (g), or (h); s. 794.011, excluding s.
1371 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1372 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1373 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1374 or s. 985.701(1); or any similar offense committed in this state
1375 which has been redesignated from a former statute number to one
1376 of those listed in this sub-subparagraph; or
1377 d. On or after July 1, 2007, has been adjudicated
1378 delinquent for committing, or attempting, soliciting, or
1379 conspiring to commit, any of the criminal offenses proscribed in
1380 the following statutes in this state or similar offenses in
1381 another jurisdiction when the juvenile was 14 years of age or
1382 older at the time of the offense:
1383 (I) Section 794.011, excluding s. 794.011(10);
1384 (II) Section 800.04(4)(b) where the victim is under 12
1385 years of age or where the court finds sexual activity by the use
1386 of force or coercion;
1387 (III) Section 800.04(5)(c)1. where the court finds
1388 molestation involving unclothed genitals; or
1389 (IV) Section 800.04(5)(d) where the court finds the use of
1390 force or coercion and unclothed genitals.
1391 2. For all qualifying offenses listed in sub-subparagraph
1392 (1)(a)1.d., the court shall make a written finding of the age of
1393 the offender at the time of the offense.
1394
1395 For each violation of a qualifying offense listed in this
1396 subsection, the court shall make a written finding of the age of
1397 the victim at the time of the offense. For a violation of s.
1398 800.04(4), the court shall additionally make a written finding
1399 indicating that the offense did or did not involve sexual
1400 activity and indicating that the offense did or did not involve
1401 force or coercion. For a violation of s. 800.04(5), the court
1402 shall additionally make a written finding that the offense did
1403 or did not involve unclothed genitals or genital area and that
1404 the offense did or did not involve the use of force or coercion.
1405 Section 28. Section 943.0585, Florida Statutes, is amended
1406 to read:
1407 943.0585 Court-ordered expunction of criminal history
1408 records.—The courts of this state have jurisdiction over their
1409 own procedures, including the maintenance, expunction, and
1410 correction of judicial records containing criminal history
1411 information to the extent such procedures are not inconsistent
1412 with the conditions, responsibilities, and duties established by
1413 this section. Any court of competent jurisdiction may order a
1414 criminal justice agency to expunge the criminal history record
1415 of a minor or an adult who complies with the requirements of
1416 this section. The court may shall not order a criminal justice
1417 agency to expunge a criminal history record until the person
1418 seeking to expunge a criminal history record has applied for and
1419 received a certificate of eligibility for expunction pursuant to
1420 subsection (2). A criminal history record that relates to a
1421 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
1422 former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
1423 s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
1424 s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
1425 or any violation specified as a predicate offense for
1426 registration as a sexual predator pursuant to s. 775.21, without
1427 regard to whether that offense alone is sufficient to require
1428 such registration, or for registration as a sexual offender
1429 pursuant to s. 943.0435, may not be expunged, without regard to
1430 whether adjudication was withheld, if the defendant was found
1431 guilty of or pled guilty or nolo contendere to the offense, or
1432 if the defendant, as a minor, was found to have committed, or
1433 pled guilty or nolo contendere to committing, the offense as a
1434 delinquent act. The court may only order expunction of a
1435 criminal history record pertaining to one arrest or one incident
1436 of alleged criminal activity, except as provided in this
1437 section. The court may, at its sole discretion, order the
1438 expunction of a criminal history record pertaining to more than
1439 one arrest if the additional arrests directly relate to the
1440 original arrest. If the court intends to order the expunction of
1441 records pertaining to such additional arrests, such intent must
1442 be specified in the order. A criminal justice agency may not
1443 expunge any record pertaining to such additional arrests if the
1444 order to expunge does not articulate the intention of the court
1445 to expunge a record pertaining to more than one arrest. This
1446 section does not prevent the court from ordering the expunction
1447 of only a portion of a criminal history record pertaining to one
1448 arrest or one incident of alleged criminal activity.
1449 Notwithstanding any law to the contrary, a criminal justice
1450 agency may comply with laws, court orders, and official requests
1451 of other jurisdictions relating to expunction, correction, or
1452 confidential handling of criminal history records or information
1453 derived therefrom. This section does not confer any right to the
1454 expunction of any criminal history record, and any request for
1455 expunction of a criminal history record may be denied at the
1456 sole discretion of the court.
1457 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
1458 petition to a court to expunge a criminal history record is
1459 complete only when accompanied by:
1460 (a) A valid certificate of eligibility for expunction
1461 issued by the department pursuant to subsection (2).
1462 (b) The petitioner’s sworn statement attesting that the
1463 petitioner:
1464 1. Has never, prior to the date on which the petition is
1465 filed, been adjudicated guilty of a criminal offense or
1466 comparable ordinance violation, or been adjudicated delinquent
1467 for committing any felony or a misdemeanor specified in s.
1468 943.051(3)(b).
1469 2. Has not been adjudicated guilty of, or adjudicated
1470 delinquent for committing, any of the acts stemming from the
1471 arrest or alleged criminal activity to which the petition
1472 pertains.
1473 3. Has never secured a prior sealing or expunction of a
1474 criminal history record under this section, s. 943.059, former
1475 s. 893.14, former s. 901.33, or former s. 943.058, unless
1476 expunction is sought of a criminal history record previously
1477 sealed for 10 years pursuant to paragraph (2)(h) and the record
1478 is otherwise eligible for expunction.
1479 4. Is eligible for such an expunction to the best of his or
1480 her knowledge or belief and does not have any other petition to
1481 expunge or any petition to seal pending before any court.
1482
1483 A Any person who knowingly provides false information on such
1484 sworn statement to the court commits a felony of the third
1485 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1486 775.084.
1487 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Before Prior
1488 to petitioning the court to expunge a criminal history record, a
1489 person seeking to expunge a criminal history record shall apply
1490 to the department for a certificate of eligibility for
1491 expunction. The department shall, by rule adopted pursuant to
1492 chapter 120, establish procedures pertaining to the application
1493 for and issuance of certificates of eligibility for expunction.
1494 A certificate of eligibility for expunction is valid for 12
1495 months after the date stamped on the certificate when issued by
1496 the department. After that time, the petitioner must reapply to
1497 the department for a new certificate of eligibility. Eligibility
1498 for a renewed certification of eligibility must be based on the
1499 status of the applicant and the law in effect at the time of the
1500 renewal application. The department shall issue a certificate of
1501 eligibility for expunction to a person who is the subject of a
1502 criminal history record if that person:
1503 (a) Has obtained, and submitted to the department, a
1504 written, certified statement from the appropriate state attorney
1505 or statewide prosecutor which indicates:
1506 1. That an indictment, information, or other charging
1507 document was not filed or issued in the case.
1508 2. That an indictment, information, or other charging
1509 document, if filed or issued in the case, was dismissed or nolle
1510 prosequi by the state attorney or statewide prosecutor, or was
1511 dismissed by a court of competent jurisdiction, and that none of
1512 the charges related to the arrest or alleged criminal activity
1513 to which the petition to expunge pertains resulted in a trial,
1514 without regard to whether the outcome of the trial was other
1515 than an adjudication of guilt.
1516 3. That the criminal history record does not relate to a
1517 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
1518 former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
1519 s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
1520 s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
1521 or any violation specified as a predicate offense for
1522 registration as a sexual predator pursuant to s. 775.21, without
1523 regard to whether that offense alone is sufficient to require
1524 such registration, or for registration as a sexual offender
1525 pursuant to s. 943.0435, where the defendant was found guilty
1526 of, or pled guilty or nolo contendere to any such offense, or
1527 that the defendant, as a minor, was found to have committed, or
1528 pled guilty or nolo contendere to committing, such an offense as
1529 a delinquent act, without regard to whether adjudication was
1530 withheld.
1531 (b) Remits a $75 processing fee to the department for
1532 placement in the Department of Law Enforcement Operating Trust
1533 Fund, unless such fee is waived by the executive director.
1534 (c) Has submitted to the department a certified copy of the
1535 disposition of the charge to which the petition to expunge
1536 pertains.
1537 (d) Has never, prior to the date on which the application
1538 for a certificate of eligibility is filed, been adjudicated
1539 guilty of a criminal offense or comparable ordinance violation,
1540 or been adjudicated delinquent for committing any felony or a
1541 misdemeanor specified in s. 943.051(3)(b).
1542 (e) Has not been adjudicated guilty of, or adjudicated
1543 delinquent for committing, any of the acts stemming from the
1544 arrest or alleged criminal activity to which the petition to
1545 expunge pertains.
1546 (f) Has never secured a prior sealing or expunction of a
1547 criminal history record under this section, s. 943.059, former
1548 s. 893.14, former s. 901.33, or former s. 943.058, unless
1549 expunction is sought of a criminal history record previously
1550 sealed for 10 years pursuant to paragraph (h) and the record is
1551 otherwise eligible for expunction.
1552 (g) Is no longer under court supervision applicable to the
1553 disposition of the arrest or alleged criminal activity to which
1554 the petition to expunge pertains.
1555 (h) Has previously obtained a court order sealing the
1556 record under this section, former s. 893.14, former s. 901.33,
1557 or former s. 943.058 for a minimum of 10 years because
1558 adjudication was withheld or because all charges related to the
1559 arrest or alleged criminal activity to which the petition to
1560 expunge pertains were not dismissed prior to trial, without
1561 regard to whether the outcome of the trial was other than an
1562 adjudication of guilt. The requirement for the record to have
1563 previously been sealed for a minimum of 10 years does not apply
1564 when a plea was not entered or all charges related to the arrest
1565 or alleged criminal activity to which the petition to expunge
1566 pertains were dismissed prior to trial.
1567 (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
1568 (a) In judicial proceedings under this section, a copy of
1569 the completed petition to expunge shall be served upon the
1570 appropriate state attorney or the statewide prosecutor and upon
1571 the arresting agency; however, it is not necessary to make any
1572 agency other than the state a party. The appropriate state
1573 attorney or the statewide prosecutor and the arresting agency
1574 may respond to the court regarding the completed petition to
1575 expunge.
1576 (b) If relief is granted by the court, the clerk of the
1577 court shall certify copies of the order to the appropriate state
1578 attorney or the statewide prosecutor and the arresting agency.
1579 The arresting agency is responsible for forwarding the order to
1580 any other agency to which the arresting agency disseminated the
1581 criminal history record information to which the order pertains.
1582 The department shall forward the order to expunge to the Federal
1583 Bureau of Investigation. The clerk of the court shall certify a
1584 copy of the order to any other agency which the records of the
1585 court reflect has received the criminal history record from the
1586 court.
1587 (c) For an order to expunge entered by a court prior to
1588 July 1, 1992, the department shall notify the appropriate state
1589 attorney or statewide prosecutor of an order to expunge which is
1590 contrary to law because the person who is the subject of the
1591 record has previously been convicted of a crime or comparable
1592 ordinance violation or has had a prior criminal history record
1593 sealed or expunged. Upon receipt of such notice, the appropriate
1594 state attorney or statewide prosecutor shall take action, within
1595 60 days, to correct the record and petition the court to void
1596 the order to expunge. The department shall seal the record until
1597 such time as the order is voided by the court.
1598 (d) On or after July 1, 1992, the department or any other
1599 criminal justice agency is not required to act on an order to
1600 expunge entered by a court when such order does not comply with
1601 the requirements of this section. Upon receipt of such an order,
1602 the department must notify the issuing court, the appropriate
1603 state attorney or statewide prosecutor, the petitioner or the
1604 petitioner’s attorney, and the arresting agency of the reason
1605 for noncompliance. The appropriate state attorney or statewide
1606 prosecutor shall take action within 60 days to correct the
1607 record and petition the court to void the order. No cause of
1608 action, including contempt of court, shall arise against any
1609 criminal justice agency for failure to comply with an order to
1610 expunge when the petitioner for such order failed to obtain the
1611 certificate of eligibility as required by this section or such
1612 order does not otherwise comply with the requirements of this
1613 section.
1614 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
1615 criminal history record of a minor or an adult which is ordered
1616 expunged by a court of competent jurisdiction pursuant to this
1617 section must be physically destroyed or obliterated by any
1618 criminal justice agency having custody of such record; except
1619 that any criminal history record in the custody of the
1620 department must be retained in all cases. A criminal history
1621 record ordered expunged that is retained by the department is
1622 confidential and exempt from the provisions of s. 119.07(1) and
1623 s. 24(a), Art. I of the State Constitution and not available to
1624 any person or entity except upon order of a court of competent
1625 jurisdiction. A criminal justice agency may retain a notation
1626 indicating compliance with an order to expunge.
1627 (a) The person who is the subject of a criminal history
1628 record that is expunged under this section or under other
1629 provisions of law, including former s. 893.14, former s. 901.33,
1630 and former s. 943.058, may lawfully deny or fail to acknowledge
1631 the arrests covered by the expunged record, except when the
1632 subject of the record:
1633 1. Is a candidate for employment with a criminal justice
1634 agency;
1635 2. Is a defendant in a criminal prosecution;
1636 3. Concurrently or subsequently petitions for relief under
1637 this section, s. 943.0583, or s. 943.059;
1638 4. Is a candidate for admission to The Florida Bar;
1639 5. Is seeking to be employed or licensed by or to contract
1640 with the Department of Children and Families, the Division of
1641 Vocational Rehabilitation within the Department of Education,
1642 the Agency for Health Care Administration, the Agency for
1643 Persons with Disabilities, the Department of Health, the
1644 Department of Elderly Affairs, or the Department of Juvenile
1645 Justice or to be employed or used by such contractor or licensee
1646 in a sensitive position having direct contact with children, the
1647 disabled, or the elderly; or
1648 6. Is seeking to be employed or licensed by the Department
1649 of Education, any district school board, any university
1650 laboratory school, any charter school, any private or parochial
1651 school, or any local governmental entity that licenses child
1652 care facilities.
1653 (b) Subject to the exceptions in paragraph (a), a person
1654 who has been granted an expunction under this section, former s.
1655 893.14, former s. 901.33, or former s. 943.058 may not be held
1656 under any provision of law of this state to commit perjury or to
1657 be otherwise liable for giving a false statement by reason of
1658 such person’s failure to recite or acknowledge an expunged
1659 criminal history record.
1660 (c) Information relating to the existence of an expunged
1661 criminal history record which is provided in accordance with
1662 paragraph (a) is confidential and exempt from the provisions of
1663 s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1664 except that the department shall disclose the existence of a
1665 criminal history record ordered expunged to the entities set
1666 forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
1667 respective licensing, access authorization, and employment
1668 purposes, and to criminal justice agencies for their respective
1669 criminal justice purposes. It is unlawful for any employee of an
1670 entity set forth in subparagraph (a)1., subparagraph (a)4.,
1671 subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
1672 disclose information relating to the existence of an expunged
1673 criminal history record of a person seeking employment, access
1674 authorization, or licensure with such entity or contractor,
1675 except to the person to whom the criminal history record relates
1676 or to persons having direct responsibility for employment,
1677 access authorization, or licensure decisions. Any person who
1678 violates this paragraph commits a misdemeanor of the first
1679 degree, punishable as provided in s. 775.082 or s. 775.083.
1680 (5) STATUTORY REFERENCES.—Any reference to any other
1681 chapter, section, or subdivision of the Florida Statutes in this
1682 section constitutes a general reference under the doctrine of
1683 incorporation by reference.
1684 Section 29. Section 943.059, Florida Statutes, is amended
1685 to read:
1686 943.059 Court-ordered sealing of criminal history records.
1687 The courts of this state shall continue to have jurisdiction
1688 over their own procedures, including the maintenance, sealing,
1689 and correction of judicial records containing criminal history
1690 information to the extent such procedures are not inconsistent
1691 with the conditions, responsibilities, and duties established by
1692 this section. Any court of competent jurisdiction may order a
1693 criminal justice agency to seal the criminal history record of a
1694 minor or an adult who complies with the requirements of this
1695 section. The court may shall not order a criminal justice agency
1696 to seal a criminal history record until the person seeking to
1697 seal a criminal history record has applied for and received a
1698 certificate of eligibility for sealing pursuant to subsection
1699 (2). A criminal history record that relates to a violation of s.
1700 393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
1701 s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
1702 chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
1703 s. 916.1075, a violation enumerated in s. 907.041, or any
1704 violation specified as a predicate offense for registration as a
1705 sexual predator pursuant to s. 775.21, without regard to whether
1706 that offense alone is sufficient to require such registration,
1707 or for registration as a sexual offender pursuant to s.
1708 943.0435, may not be sealed, without regard to whether
1709 adjudication was withheld, if the defendant was found guilty of
1710 or pled guilty or nolo contendere to the offense, or if the
1711 defendant, as a minor, was found to have committed or pled
1712 guilty or nolo contendere to committing the offense as a
1713 delinquent act. The court may only order sealing of a criminal
1714 history record pertaining to one arrest or one incident of
1715 alleged criminal activity, except as provided in this section.
1716 The court may, at its sole discretion, order the sealing of a
1717 criminal history record pertaining to more than one arrest if
1718 the additional arrests directly relate to the original arrest.
1719 If the court intends to order the sealing of records pertaining
1720 to such additional arrests, such intent must be specified in the
1721 order. A criminal justice agency may not seal any record
1722 pertaining to such additional arrests if the order to seal does
1723 not articulate the intention of the court to seal records
1724 pertaining to more than one arrest. This section does not
1725 prevent the court from ordering the sealing of only a portion of
1726 a criminal history record pertaining to one arrest or one
1727 incident of alleged criminal activity. Notwithstanding any law
1728 to the contrary, a criminal justice agency may comply with laws,
1729 court orders, and official requests of other jurisdictions
1730 relating to sealing, correction, or confidential handling of
1731 criminal history records or information derived therefrom. This
1732 section does not confer any right to the sealing of any criminal
1733 history record, and any request for sealing a criminal history
1734 record may be denied at the sole discretion of the court.
1735 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
1736 petition to a court to seal a criminal history record is
1737 complete only when accompanied by:
1738 (a) A valid certificate of eligibility for sealing issued
1739 by the department pursuant to subsection (2).
1740 (b) The petitioner’s sworn statement attesting that the
1741 petitioner:
1742 1. Has never, prior to the date on which the petition is
1743 filed, been adjudicated guilty of a criminal offense or
1744 comparable ordinance violation, or been adjudicated delinquent
1745 for committing any felony or a misdemeanor specified in s.
1746 943.051(3)(b).
1747 2. Has not been adjudicated guilty of or adjudicated
1748 delinquent for committing any of the acts stemming from the
1749 arrest or alleged criminal activity to which the petition to
1750 seal pertains.
1751 3. Has never secured a prior sealing or expunction of a
1752 criminal history record under this section, s. 943.0585, former
1753 s. 893.14, former s. 901.33, or former s. 943.058.
1754 4. Is eligible for such a sealing to the best of his or her
1755 knowledge or belief and does not have any other petition to seal
1756 or any petition to expunge pending before any court.
1757
1758 A Any person who knowingly provides false information on such
1759 sworn statement to the court commits a felony of the third
1760 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1761 775.084.
1762 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
1763 petitioning the court to seal a criminal history record, a
1764 person seeking to seal a criminal history record shall apply to
1765 the department for a certificate of eligibility for sealing. The
1766 department shall, by rule adopted pursuant to chapter 120,
1767 establish procedures pertaining to the application for and
1768 issuance of certificates of eligibility for sealing. A
1769 certificate of eligibility for sealing is valid for 12 months
1770 after the date stamped on the certificate when issued by the
1771 department. After that time, the petitioner must reapply to the
1772 department for a new certificate of eligibility. Eligibility for
1773 a renewed certification of eligibility must be based on the
1774 status of the applicant and the law in effect at the time of the
1775 renewal application. The department shall issue a certificate of
1776 eligibility for sealing to a person who is the subject of a
1777 criminal history record provided that such person:
1778 (a) Has submitted to the department a certified copy of the
1779 disposition of the charge to which the petition to seal
1780 pertains.
1781 (b) Remits a $75 processing fee to the department for
1782 placement in the Department of Law Enforcement Operating Trust
1783 Fund, unless such fee is waived by the executive director.
1784 (c) Has never, prior to the date on which the application
1785 for a certificate of eligibility is filed, been adjudicated
1786 guilty of a criminal offense or comparable ordinance violation,
1787 or been adjudicated delinquent for committing any felony or a
1788 misdemeanor specified in s. 943.051(3)(b).
1789 (d) Has not been adjudicated guilty of or adjudicated
1790 delinquent for committing any of the acts stemming from the
1791 arrest or alleged criminal activity to which the petition to
1792 seal pertains.
1793 (e) Has never secured a prior sealing or expunction of a
1794 criminal history record under this section, s. 943.0585, former
1795 s. 893.14, former s. 901.33, or former s. 943.058.
1796 (f) Is no longer under court supervision applicable to the
1797 disposition of the arrest or alleged criminal activity to which
1798 the petition to seal pertains.
1799 (3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
1800 (a) In judicial proceedings under this section, a copy of
1801 the completed petition to seal shall be served upon the
1802 appropriate state attorney or the statewide prosecutor and upon
1803 the arresting agency; however, it is not necessary to make any
1804 agency other than the state a party. The appropriate state
1805 attorney or the statewide prosecutor and the arresting agency
1806 may respond to the court regarding the completed petition to
1807 seal.
1808 (b) If relief is granted by the court, the clerk of the
1809 court shall certify copies of the order to the appropriate state
1810 attorney or the statewide prosecutor and to the arresting
1811 agency. The arresting agency is responsible for forwarding the
1812 order to any other agency to which the arresting agency
1813 disseminated the criminal history record information to which
1814 the order pertains. The department shall forward the order to
1815 seal to the Federal Bureau of Investigation. The clerk of the
1816 court shall certify a copy of the order to any other agency
1817 which the records of the court reflect has received the criminal
1818 history record from the court.
1819 (c) For an order to seal entered by a court prior to July
1820 1, 1992, the department shall notify the appropriate state
1821 attorney or statewide prosecutor of any order to seal which is
1822 contrary to law because the person who is the subject of the
1823 record has previously been convicted of a crime or comparable
1824 ordinance violation or has had a prior criminal history record
1825 sealed or expunged. Upon receipt of such notice, the appropriate
1826 state attorney or statewide prosecutor shall take action, within
1827 60 days, to correct the record and petition the court to void
1828 the order to seal. The department shall seal the record until
1829 such time as the order is voided by the court.
1830 (d) On or after July 1, 1992, the department or any other
1831 criminal justice agency is not required to act on an order to
1832 seal entered by a court when such order does not comply with the
1833 requirements of this section. Upon receipt of such an order, the
1834 department must notify the issuing court, the appropriate state
1835 attorney or statewide prosecutor, the petitioner or the
1836 petitioner’s attorney, and the arresting agency of the reason
1837 for noncompliance. The appropriate state attorney or statewide
1838 prosecutor shall take action within 60 days to correct the
1839 record and petition the court to void the order. No cause of
1840 action, including contempt of court, shall arise against any
1841 criminal justice agency for failure to comply with an order to
1842 seal when the petitioner for such order failed to obtain the
1843 certificate of eligibility as required by this section or when
1844 such order does not comply with the requirements of this
1845 section.
1846 (e) An order sealing a criminal history record pursuant to
1847 this section does not require that such record be surrendered to
1848 the court, and such record shall continue to be maintained by
1849 the department and other criminal justice agencies.
1850 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
1851 history record of a minor or an adult which is ordered sealed by
1852 a court of competent jurisdiction pursuant to this section is
1853 confidential and exempt from the provisions of s. 119.07(1) and
1854 s. 24(a), Art. I of the State Constitution and is available only
1855 to the person who is the subject of the record, to the subject’s
1856 attorney, to criminal justice agencies for their respective
1857 criminal justice purposes, which include conducting a criminal
1858 history background check for approval of firearms purchases or
1859 transfers as authorized by state or federal law, to judges in
1860 the state courts system for the purpose of assisting them in
1861 their case-related decisionmaking responsibilities, as set forth
1862 in s. 943.053(5), or to those entities set forth in
1863 subparagraphs (a)1., 4., 5., 6., and 8. for their respective
1864 licensing, access authorization, and employment purposes.
1865 (a) The subject of a criminal history record sealed under
1866 this section or under other provisions of law, including former
1867 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1868 deny or fail to acknowledge the arrests covered by the sealed
1869 record, except when the subject of the record:
1870 1. Is a candidate for employment with a criminal justice
1871 agency;
1872 2. Is a defendant in a criminal prosecution;
1873 3. Concurrently or subsequently petitions for relief under
1874 this section, s. 943.0583, or s. 943.0585;
1875 4. Is a candidate for admission to The Florida Bar;
1876 5. Is seeking to be employed or licensed by or to contract
1877 with the Department of Children and Families, the Division of
1878 Vocational Rehabilitation within the Department of Education,
1879 the Agency for Health Care Administration, the Agency for
1880 Persons with Disabilities, the Department of Health, the
1881 Department of Elderly Affairs, or the Department of Juvenile
1882 Justice or to be employed or used by such contractor or licensee
1883 in a sensitive position having direct contact with children, the
1884 disabled, or the elderly;
1885 6. Is seeking to be employed or licensed by the Department
1886 of Education, any district school board, any university
1887 laboratory school, any charter school, any private or parochial
1888 school, or any local governmental entity that licenses child
1889 care facilities; or
1890 7. Is attempting to purchase a firearm from a licensed
1891 importer, licensed manufacturer, or licensed dealer and is
1892 subject to a criminal history check under state or federal law.
1893 (b) Subject to the exceptions in paragraph (a), a person
1894 who has been granted a sealing under this section, former s.
1895 893.14, former s. 901.33, or former s. 943.058 may not be held
1896 under any provision of law of this state to commit perjury or to
1897 be otherwise liable for giving a false statement by reason of
1898 such person’s failure to recite or acknowledge a sealed criminal
1899 history record.
1900 (c) Information relating to the existence of a sealed
1901 criminal record provided in accordance with the provisions of
1902 paragraph (a) is confidential and exempt from the provisions of
1903 s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1904 except that the department shall disclose the sealed criminal
1905 history record to the entities set forth in subparagraphs (a)1.,
1906 4., 5., 6., and 8. for their respective licensing, access
1907 authorization, and employment purposes. It is unlawful for any
1908 employee of an entity set forth in subparagraph (a)1.,
1909 subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
1910 subparagraph (a)8. to disclose information relating to the
1911 existence of a sealed criminal history record of a person
1912 seeking employment, access authorization, or licensure with such
1913 entity or contractor, except to the person to whom the criminal
1914 history record relates or to persons having direct
1915 responsibility for employment, access authorization, or
1916 licensure decisions. Any person who violates the provisions of
1917 this paragraph commits a misdemeanor of the first degree,
1918 punishable as provided in s. 775.082 or s. 775.083.
1919 (5) STATUTORY REFERENCES.—Any reference to any other
1920 chapter, section, or subdivision of the Florida Statutes in this
1921 section constitutes a general reference under the doctrine of
1922 incorporation by reference.
1923 Section 30. Paragraph (b) of subsection (1) of section
1924 944.606, Florida Statutes, is amended to read:
1925 944.606 Sexual offenders; notification upon release.—
1926 (1) As used in this section:
1927 (b) “Sexual offender” means a person who has been convicted
1928 of committing, or attempting, soliciting, or conspiring to
1929 commit, any of the criminal offenses proscribed in the following
1930 statutes in this state or similar offenses in another
1931 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
1932 the victim is a minor and the defendant is not the victim’s
1933 parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
1934 s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
1935 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
1936 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
1937 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
1938 committed in this state which has been redesignated from a
1939 former statute number to one of those listed in this subsection,
1940 when the department has received verified information regarding
1941 such conviction; an offender’s computerized criminal history
1942 record is not, in and of itself, verified information.
1943 Section 31. Paragraph (a) of subsection (1) of section
1944 944.607, Florida Statutes, is amended to read:
1945 944.607 Notification to Department of Law Enforcement of
1946 information on sexual offenders.—
1947 (1) As used in this section, the term:
1948 (a) “Sexual offender” means a person who is in the custody
1949 or control of, or under the supervision of, the department or is
1950 in the custody of a private correctional facility:
1951 1. On or after October 1, 1997, as a result of a conviction
1952 for committing, or attempting, soliciting, or conspiring to
1953 commit, any of the criminal offenses proscribed in the following
1954 statutes in this state or similar offenses in another
1955 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
1956 the victim is a minor and the defendant is not the victim’s
1957 parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
1958 s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
1959 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
1960 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
1961 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
1962 committed in this state which has been redesignated from a
1963 former statute number to one of those listed in this paragraph;
1964 or
1965 2. Who establishes or maintains a residence in this state
1966 and who has not been designated as a sexual predator by a court
1967 of this state but who has been designated as a sexual predator,
1968 as a sexually violent predator, or by another sexual offender
1969 designation in another state or jurisdiction and was, as a
1970 result of such designation, subjected to registration or
1971 community or public notification, or both, or would be if the
1972 person were a resident of that state or jurisdiction, without
1973 regard as to whether the person otherwise meets the criteria for
1974 registration as a sexual offender.
1975 Section 32. Subsection (2) of section 948.013, Florida
1976 Statutes, is amended to read:
1977 948.013 Administrative probation.—
1978 (2) Effective for an offense committed on or after July 1,
1979 1998, a person is ineligible for placement on administrative
1980 probation if the person is sentenced to or is serving a term of
1981 probation or community control, regardless of the conviction or
1982 adjudication, for committing, or attempting, conspiring, or
1983 soliciting to commit, any of the felony offenses described in s.
1984 787.01 or s. 787.02, where the victim is a minor and the
1985 defendant is not the victim’s parent; s. 787.025; chapter 794;
1986 s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
1987 847.0133; s. 847.0135; or s. 847.0145.
1988 Section 33. Subsection (1) of section 948.32, Florida
1989 Statutes, is amended to read:
1990 948.32 Requirements of law enforcement agency upon arrest
1991 of persons for certain sex offenses.—
1992 (1) When any state or local law enforcement agency
1993 investigates or arrests a person for committing, or attempting,
1994 soliciting, or conspiring to commit, a violation of s.
1995 787.025(2)(c), chapter 794, s. 796.03, s. 800.04, s. 827.071, s.
1996 847.0133, s. 847.0135, or s. 847.0145, the law enforcement
1997 agency shall contact the Department of Corrections to verify
1998 whether the person under investigation or under arrest is on
1999 probation, community control, parole, conditional release, or
2000 control release.
2001 Section 34. This act shall take effect October 1, 2014.
