Bill Text: FL S1214 | 2018 | Regular Session | Comm Sub
Bill Title: Child Exploitation
Spectrum: Bipartisan Bill
Status: (Failed) 2018-03-10 - Died in Criminal Justice [S1214 Detail]
Download: Florida-2018-S1214-Comm_Sub.html
Florida Senate - 2018 CS for SB 1214 By the Committee on Children, Families, and Elder Affairs; and Senator Book 586-02591-18 20181214c1 1 A bill to be entitled 2 An act relating to child exploitation; amending s. 3 16.56, F.S.; revising the offenses that may be 4 investigated and prosecuted by the Office of Statewide 5 Prosecution; amending s. 39.01, F.S.; conforming 6 provisions to changes made by the act; amending s. 7 39.0132, F.S.; revising the types of offenses 8 committed by a child in certain custody or supervision 9 of the Department of Children and Families which 10 require the department to provide notice to the school 11 superintendent; conforming provisions to changes made 12 by the act; amending s. 39.0139, F.S.; revising the 13 types of offenses that create a rebuttable presumption 14 of detriment for judicial determinations related to 15 contact between a parent or caregiver and certain 16 child victims; conforming provisions to changes made 17 by the act; amending s. 39.301, F.S.; conforming 18 provisions to changes made by the act; amending s. 19 39.509, F.S.; revising the offenses that may be 20 considered in determining whether grandparental 21 visitation is in the child’s best interest; conforming 22 provisions to changes made by the act; amending s. 23 90.404, F.S.; conforming provisions to changes made by 24 the act; amending s. 92.56, F.S.; revising the 25 offenses for which a criminal defendant may seek an 26 order of disclosure for certain confidential and 27 exempt court records, for which the state may use a 28 pseudonym instead of the victim’s name, and for which 29 a publication or broadcast of trial testimony may not 30 include certain victim identifying information; 31 conforming provisions to changes made by the act; 32 amending ss. 92.561, 92.565, and 435.04, F.S.; 33 conforming provisions to changes made by the act; 34 amending s. 435.07, F.S.; revising the offenses that 35 disqualify certain child care personnel from specified 36 employment; conforming provisions to changes made by 37 the act; amending s. 456.074, F.S.; revising the 38 offenses for which the licenses of massage therapists 39 and massage establishments must be suspended; 40 conforming provisions to changes made by the act; 41 amending ss. 480.041 and 480.043, F.S.; revising the 42 offenses for which applications for licensure as a 43 massage therapist or massage establishment must be 44 denied; conforming provisions to changes made by the 45 act; amending s. 743.067, F.S.; revising the offenses 46 for which an unaccompanied homeless youth may consent 47 to specified treatment, care, and examination; 48 conforming provisions to changes made by the act; 49 amending ss. 772.102 and 775.082, F.S.; conforming 50 provisions to changes made by the act; amending s. 51 775.0847, F.S.; revising definitions; conforming 52 provisions to changes made by the act; amending ss. 53 775.0877, 775.21, 775.215, 784.046, and 794.0115, 54 F.S.; conforming provisions to changes made by the 55 act; amending s. 794.024, F.S.; revising the offenses 56 for which certain victim information may not be 57 disclosed by public employees or officers; providing 58 penalties; conforming provisions to changes made by 59 the act; amending s. 794.056, F.S.; conforming 60 provisions to changes made by the act; creating s. 61 794.10, F.S.; providing definitions; authorizing 62 subpoenas in certain investigations of offenses 63 involving child victims and other specified offenses 64 and specifying requirements therefor; providing for 65 specified reimbursement of witnesses; authorizing 66 certain motions; requiring nondisclosure of the 67 existence or contents of the subpoenas in certain 68 circumstances; providing exceptions to such 69 nondisclosure requirement; requiring certain notice to 70 be provided in a subpoena that contains a 71 nondisclosure requirement; exempting certain records, 72 objects, and other information from production; 73 providing for the return of records, objects, and 74 other information produced; specifying time periods 75 within which records, objects, and other information 76 must be returned; providing for service and 77 enforcement of the subpoenas; providing penalties for 78 a violation of the subpoena or nondisclosure 79 requirement; providing immunity for certain persons 80 complying with the subpoenas in certain circumstances; 81 providing for judicial review and extension of such 82 nondisclosure requirements and specifying requirements 83 therefor; amending s. 796.001, F.S.; conforming 84 provisions to changes made by the act; repealing s. 85 827.071, F.S., relating to sexual performance by a 86 child; amending s. 847.001, F.S.; revising 87 definitions; creating s. 847.003, F.S.; providing 88 definitions; prohibiting a person from using a child 89 in a sexual performance or promoting a sexual 90 performance by a child; providing penalties; amending 91 s. 847.0135, F.S.; providing for separate offenses of 92 computer pornography and child exploitation under 93 certain circumstances; conforming provisions to 94 changes made by the act; amending s. 847.01357, F.S.; 95 conforming provisions to changes made by the act; 96 amending s. 847.0137, F.S.; revising and providing 97 definitions; prohibiting a person from possessing, 98 with the intent to promote, child pornography; 99 prohibiting a person from knowingly possessing, 100 controlling, or intentionally viewing child 101 pornography; providing penalties; providing 102 application and construction; providing for separate 103 offenses of transmission of child pornography under 104 certain circumstances; amending ss. 856.022, 895.02, 105 905.34, and 934.07, F.S.; conforming provisions to 106 changes made by the act; amending s. 938.085, F.S.; 107 revising the offenses for which a surcharge to be 108 deposited into the Rape Crisis Program Trust Fund must 109 be imposed; conforming provisions to changes made by 110 the act; amending s. 938.10, F.S.; revising the 111 offenses for which an additional court cost must be 112 imposed; conforming provisions to changes made by the 113 act; amending ss. 943.0435, 943.04354, 943.0585, 114 943.059, 944.606, 944.607, 947.1405, 948.03, and 115 948.04, F.S.; conforming provisions to changes made by 116 the act; amending s. 948.06, F.S.; revising the 117 offenses that constitute a qualifying offense for 118 purposes relating to a violation of probation or 119 community control; conforming provisions to changes 120 made by the act; amending ss. 948.062, 948.101, 121 948.30, 948.32, 960.03, and 960.197, F.S.; conforming 122 provisions to changes made by the act; amending s. 123 985.04, F.S.; revising the types of offenses committed 124 by a child in certain custody or supervision of the 125 Department of Juvenile Justice which require the 126 department to provide notice to the school 127 superintendent; conforming provisions to changes made 128 by the act; amending ss. 985.475 and 1012.315, F.S.; 129 conforming provisions to changes made by the act; 130 amending s. 921.0022, F.S.; ranking the offense of 131 solicitation of a child via a computer service while 132 misrepresenting one’s age on the offense severity 133 ranking chart; conforming provisions to changes made 134 by the act; providing a directive to the Division of 135 Law Revision and Information; reenacting ss. 136 39.402(9)(a), 39.506(6), 39.509(6)(b), 39.521(3)(d), 137 39.806(1)(d) and (n), 63.089(4)(b), 63.092(3), 138 68.07(3)(i) and (6), 92.55(1)(b), 92.605(1)(b), 139 322.141(3), 381.004(2)(h), 384.29(1)(c) and (3), 140 390.01114(2)(b) and (e), 393.067(4)(h), (7), and (9), 141 394.495(4)(p), 394.9125(2)(a), 397.4872(2)(a) and (c), 142 435.07(4)(b), 507.07(9), 655.50(3)(g), 741.313(1)(e), 143 775.084(4)(j), 775.0862(2), 775.13(4)(e) and (f), 144 775.21(3)(b), (5)(d), (6)(f), and (10)(c), 775.24(2), 145 775.25, 775.261(3)(b), 784.049(2)(d), 794.011(2)(a), 146 (3), (4), and (5), 794.03, 794.075(1), 847.002(1)(b), 147 (2), and (3), 847.012(3)(b), 847.01357(3), 847.0138(2) 148 and (3), 896.101(2)(h) and (10), 903.0351(1)(b) and 149 (c), 903.046(2)(m), 905.34(3), 921.0022(3)(g), 150 921.141(6)(o), 943.0435(3), (4)(a), and (5), 151 943.0436(2), 943.325(2)(g), 944.11(2), 944.607(4)(a) 152 and (9), 944.608(7), 944.609(4), 944.70(1), 153 947.13(1)(f), 947.1405(2)(c) and (12), 947.141(1), 154 (2), and (7), 948.013(2)(b), 948.06(8)(b) and (d), 155 948.063, 948.064(4), 948.08(7)(a), 948.12(3), 156 948.30(3)(b) and (4), 948.31, 951.27, 960.003(2)(a) 157 and (b) and (3)(a), 960.065(5), 984.03(2), 158 985.0301(5)(c), 985.04(6)(b), 985.441(1)(c), 159 985.4815(9), and 1012.467(2)(g), F.S., relating to 160 placement in a shelter, arraignment hearings, 161 grandparents rights, disposition hearings, grounds for 162 termination of parental rights, proceedings to 163 terminate parental rights pending adoption, report to 164 the court of intended placement by an adoption entity, 165 change of name, proceedings involving certain victims 166 or witnesses, production of certain records, color or 167 markings of certain licenses or identification cards, 168 HIV testing, confidentiality, the Parental Notice of 169 Abortion Act, facility licensure, the child and 170 adolescent mental health system of care, authority of 171 a state attorney to refer a person for civil 172 commitment, exemption from disqualification, 173 exemptions from disqualification, violations by movers 174 or moving brokers, Florida Control of Money Laundering 175 and Terrorist Financing in Financial Institutions Act, 176 unlawful action against employees seeking protection, 177 violent career criminals, habitual felony offenders, 178 and habitual violent felony offenders, sexual offenses 179 against students by authority figures, registration of 180 convicted felons, the Florida Sexual Predators Act, 181 duty of the court to uphold laws governing sexual 182 predators and sexual offenders, prosecutions for acts 183 or omissions, career offender registration, sexual 184 cyberharassment, sexual battery, publishing or 185 broadcasting information identifying sexual offense 186 victims, sexual predators and erectile dysfunction 187 drugs, child pornography prosecutions, sale or 188 distribution of harmful materials to minors or using 189 minors in production, civil remedies for exploited 190 children, transmission of material harmful to minors 191 to a minor by electronic device or equipment, the 192 Florida Money Laundering Act, restrictions on pretrial 193 release pending probation-violation hearings or 194 community-control-violation hearings, purposes of and 195 criteria for bail determination, the powers and duties 196 of a statewide grand jury, the offense severity 197 ranking chart of the Criminal Punishment Code, 198 sentence of death or life imprisonment for capital 199 felonies, sexual offenders required to register with 200 the Department of Law Enforcement, duty of the court 201 to uphold laws governing sexual predators and sexual 202 offenders, DNA database, regulation by the Department 203 of Corrections of the admission of books, notification 204 to the Department of Law Enforcement of information on 205 sexual offenders, notification to the Department of 206 Law Enforcement concerning career offenders, career 207 offenders and notification upon release, conditions 208 for release from incarceration, powers and duties of 209 the Florida Commission on Offender Review, the 210 conditional release program, violations of conditional 211 release, control release, or conditional medical 212 release or addiction-recovery supervision, 213 administrative probation, violation of probation or 214 community control, violations of probation or 215 community control by designated sexual offenders and 216 predators, notification of status as a violent felony 217 offender of special concern, the pretrial intervention 218 program, intensive supervision for postprison release 219 of violent offenders, additional terms and conditions 220 of probation or community control for certain sex 221 offenses, the evaluation and treatment of sexual 222 predators and offenders on probation or community 223 control, blood tests of inmates, hepatitis and HIV 224 testing for persons charged with or alleged by 225 petition for delinquency to have committed certain 226 offenses, eligibility for victim assistance awards, 227 definitions relating to children and families in need 228 of services, jurisdiction, oaths, records, and 229 confidential information, commitment, notification to 230 Department of Law Enforcement of information on 231 juvenile sexual offenders, and contractors permitted 232 access to school grounds, respectively, to incorporate 233 the amendments made by the act in cross-references to 234 amended provisions; providing a directive to the 235 Division of Law Revision and Information; providing an 236 effective date. 237 238 Be It Enacted by the Legislature of the State of Florida: 239 240 Section 1. Paragraph (a) of subsection (1) of section 241 16.56, Florida Statutes, is amended, and paragraph (b) of that 242 subsection is republished, to read: 243 16.56 Office of Statewide Prosecution.— 244 (1) There is created in the Department of Legal Affairs an 245 Office of Statewide Prosecution. The office shall be a separate 246 “budget entity” as that term is defined in chapter 216. The 247 office may: 248 (a) Investigate and prosecute the offenses of: 249 1. Bribery, burglary, criminal usury, extortion, gambling, 250 kidnapping, larceny, murder, prostitution, perjury, robbery, 251 carjacking, home-invasion robbery, and patient brokering; 252 2. Any crime involving narcotic or other dangerous drugs; 253 3. Any violation of the Florida RICO (Racketeer Influenced 254 and Corrupt Organization) Act, including any offense listed in 255 the definition of racketeering activity in s. 895.02(8)(a), 256 providing such listed offense is investigated in connection with 257 a violation of s. 895.03 and is charged in a separate count of 258 an information or indictment containing a count charging a 259 violation of s. 895.03, the prosecution of which listed offense 260 may continue independently if the prosecution of the violation 261 of s. 895.03 is terminated for any reason; 262 4. Any violation of the Florida Anti-Fencing Act; 263 5. Any violation of the Florida Antitrust Act of 1980, as 264 amended; 265 6. Any crime involving, or resulting in, fraud or deceit 266 upon any person; 267 7. Any violation of s. 847.0135, relating to computer 268 pornography and child exploitationprevention, or any offense 269 related to a violation of former s. 827.071, s. 847.003, s. 270 847.0135, or s. 847.0137any violation of chapter 827where the 271 crime is facilitated by or connected to the use of the Internet 272 or any device capable of electronic data storage or 273 transmission; 274 8. Any violation of chapter 815; 275 9. Any criminal violation of part I of chapter 499; 276 10. Any violation of the Florida Motor Fuel Tax Relief Act 277 of 2004; 278 11. Any criminal violation of s. 409.920 or s. 409.9201; 279 12. Any crime involving voter registration, voting, or 280 candidate or issue petition activities; 281 13. Any criminal violation of the Florida Money Laundering 282 Act; 283 14. Any criminal violation of the Florida Securities and 284 Investor Protection Act; or 285 15. Any violation of chapter 787, as well as any and all 286 offenses related to a violation of chapter 787; 287 288 or any attempt, solicitation, or conspiracy to commit any of the 289 crimes specifically enumerated above. The office shall have such 290 power only when any such offense is occurring, or has occurred, 291 in two or more judicial circuits as part of a related 292 transaction, or when any such offense is connected with an 293 organized criminal conspiracy affecting two or more judicial 294 circuits. Informations or indictments charging such offenses 295 shall contain general allegations stating the judicial circuits 296 and counties in which crimes are alleged to have occurred or the 297 judicial circuits and counties in which crimes affecting such 298 circuits or counties are alleged to have been connected with an 299 organized criminal conspiracy. 300 (b) Investigate and prosecute any crime enumerated in 301 paragraph (a) facilitated by or connected to the use of the 302 Internet. Any such crime is a crime occurring in every judicial 303 circuit within the state. 304 Section 2. Paragraph (c) of subsection (30) and paragraph 305 (g) of subsection (71) of section 39.01, Florida Statutes, are 306 amended to read: 307 39.01 Definitions.—When used in this chapter, unless the 308 context otherwise requires: 309 (30) “Harm” to a child’s health or welfare can occur when 310 any person: 311 (c) Allows, encourages, or forces the sexual exploitation 312 of a child, which includes allowing, encouraging, or forcing a 313 child to: 314 1. Solicit for or engage in prostitution; or 315 2. Engage in a sexual performance, as defined by former s. 316 827.071 or s. 847.003chapter 827. 317 (71) “Sexual abuse of a child” for purposes of finding a 318 child to be dependent means one or more of the following acts: 319 (g) The sexual exploitation of a child, which includes the 320 act of a child offering to engage in or engaging in 321 prostitution, or the act of allowing, encouraging, or forcing a 322 child to: 323 1. Solicit for or engage in prostitution; 324 2. Engage in a sexual performance, as defined by former s. 325 827.071 or s. 847.003chapter 827; or 326 3. Participate in the trade of human trafficking as 327 provided in s. 787.06(3)(g). 328 Section 3. Paragraph (b) of subsection (4) of section 329 39.0132, Florida Statutes, is amended to read: 330 39.0132 Oaths, records, and confidential information.— 331 (4) 332 (b) The department shall disclose to the school 333 superintendent the presence of aanychild in the care and 334 custody or under the jurisdiction or supervision of the 335 department who has a known history of criminal sexual behavior 336 with other juveniles; is an alleged juvenile sex offender, as 337 defined in s. 39.01; or has pled guilty or nolo contendere to, 338 or has been found to have committed, a violation of chapter 794, 339 chapter 796, chapter 800, former s. 827.071, s. 847.003,ors. 340 847.0133, s. 847.0135(5), or s. 847.0137, regardless of 341 adjudication. AnAnyemployee of a district school board who 342 knowingly and willfully discloses such information to an 343 unauthorized person commits a misdemeanor of the second degree, 344 punishable as provided in s. 775.082 or s. 775.083. 345 Section 4. Paragraph (a) of subsection (3) of section 346 39.0139, Florida Statutes, is amended to read: 347 39.0139 Visitation or other contact; restrictions.— 348 (3) PRESUMPTION OF DETRIMENT.— 349 (a) A rebuttable presumption of detriment to a child is 350 created when: 351 1. A court of competent jurisdiction has found probable 352 cause exists that a parent or caregiver has sexually abused a 353 child as defined in s. 39.01; 354 2. A parent or caregiver has been found guilty of, 355 regardless of adjudication, or has entered a plea of guilty or 356 nolo contendere to, charges under the following statutes or 357 substantially similar statutes of other jurisdictions: 358 a. Section 787.04, relating to removing minors from the 359 state or concealing minors contrary to court order; 360 b. Section 794.011, relating to sexual battery; 361 c. Section 798.02, relating to lewd and lascivious 362 behavior; 363 d. Chapter 800, relating to lewdness and indecent exposure; 364 e. Section 826.04, relating to incest;or365 f. Chapter 827, relating to the abuse of children;or366 g. Section 847.003, relating to sexual performance by a 367 child; 368 h. Section 847.0135, excluding s. 847.0135(6), relating to 369 computer pornography and child exploitation; or 370 i. Section 847.0137, relating to child pornography; or 371 3. A court of competent jurisdiction has determined a 372 parent or caregiver to be a sexual predator as defined in s. 373 775.21 or a parent or caregiver has received a substantially 374 similar designation under laws of another jurisdiction. 375 Section 5. Paragraph (b) of subsection (2) of section 376 39.301, Florida Statutes, is amended to read: 377 39.301 Initiation of protective investigations.— 378 (2) 379 (b) As used in this subsection, the term “criminal conduct” 380 means: 381 1. A child is known or suspected to be the victim of child 382 abuse, as defined in s. 827.03, or of neglect of a child, as 383 defined in s. 827.03. 384 2. A child is known or suspected to have died as a result 385 of abuse or neglect. 386 3. A child is known or suspected to be the victim of 387 aggravated child abuse, as defined in s. 827.03. 388 4. A child is known or suspected to be the victim of sexual 389 battery, as defined in s. 847.001827.071, or of sexual abuse, 390 as defined in s. 39.01. 391 5. A child is known or suspected to be the victim of 392 institutional child abuse or neglect, as defined in s. 39.01, 393 and as provided for in s. 39.302(1). 394 6. A child is known or suspected to be a victim of human 395 trafficking, as provided in s. 787.06. 396 Section 6. Paragraph (a) of subsection (6) of section 397 39.509, Florida Statutes, is amended to read: 398 39.509 Grandparents rights.—Notwithstanding any other 399 provision of law, a maternal or paternal grandparent as well as 400 a stepgrandparent is entitled to reasonable visitation with his 401 or her grandchild who has been adjudicated a dependent child and 402 taken from the physical custody of the parent unless the court 403 finds that such visitation is not in the best interest of the 404 child or that such visitation would interfere with the goals of 405 the case plan. Reasonable visitation may be unsupervised and, 406 where appropriate and feasible, may be frequent and continuing. 407 Any order for visitation or other contact must conform to the 408 provisions of s. 39.0139. 409 (6) In determining whether grandparental visitation is not 410 in the child’s best interest, consideration may be given to the 411 following: 412 (a) The finding of guilt, regardless of adjudication, or 413 entry or plea of guilty or nolo contendere to charges under the 414 following statutes, or similar statutes of other jurisdictions: 415 s. 787.04, relating to removing minors from the state or 416 concealing minors contrary to court order; s. 794.011, relating 417 to sexual battery; s. 798.02, relating to lewd and lascivious 418 behavior; chapter 800, relating to lewdness and indecent 419 exposure; s. 826.04, relating to incest;orchapter 827, 420 relating to the abuse of children; s. 847.003, relating to 421 sexual performance by a child; s. 847.0135, excluding s. 422 847.0135(6), relating to computer pornography and child 423 exploitation; or s. 847.0137, relating to child pornography. 424 Section 7. Paragraphs (b) and (c) of subsection (2) of 425 section 90.404, Florida Statutes, are amended to read: 426 90.404 Character evidence; when admissible.— 427 (2) OTHER CRIMES, WRONGS, OR ACTS.— 428 (b)1. In a criminal case in which the defendant is charged 429 with a crime involving child molestation, evidence of the 430 defendant’s commission of other crimes, wrongs, or acts of child 431 molestation is admissible and may be considered for its bearing 432 on any matter to which it is relevant. 433 2. For the purposes of this paragraph, the term “child 434 molestation” means conduct proscribed by s. 787.025(2)(c), s. 435 787.06(3)(g), former s. 787.06(3)(h), s. 794.011, excluding s. 436 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 437 800.04, former s. 827.071, s. 847.003, s. 847.0135(5), s. 438 847.0137(2), s. 847.0145, or s. 985.701(1) when committed 439 against a person 16 years of age or younger. 440 (c)1. In a criminal case in which the defendant is charged 441 with a sexual offense, evidence of the defendant’s commission of 442 other crimes, wrongs, or acts involving a sexual offense is 443 admissible and may be considered for its bearing on any matter 444 to which it is relevant. 445 2. For the purposes of this paragraph, the term “sexual 446 offense” means conduct proscribed by s. 787.025(2)(c), s. 447 787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), s. 448 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, 449 former s. 796.035, s. 825.1025(2)(b), former s. 827.071, s. 450 847.003, s. 847.0135(5), s. 847.0137(2), s. 847.0145, or s. 451 985.701(1). 452 Section 8. Subsections (2), (3), and (5) of section 92.56, 453 Florida Statutes, are amended to read: 454 92.56 Judicial proceedings and court records involving 455 sexual offenses and human trafficking.— 456 (2) A defendant charged with a crime described in s. 457 787.06(3)(a)1., (c)1., or (e)1.;,s. 787.06(3)(b), (d), (f), or 458 (g);,chapter 794;,or chapter 800;, orwith child abuse or,459 aggravated child abuse, or sexual performance by a childas 460 described in chapter 827; with sexual performance by a child as 461 described in former s. 827.071; or with a sexual offense 462 described in chapter 847,may apply to the trial court for an 463 order of disclosure of information in court records held 464 confidential and exempt pursuant to s. 119.0714(1)(h) or 465 maintained as confidential and exempt pursuant to court order 466 under this section. Such identifying information concerning the 467 victim may be released to the defendant or his or her attorney 468 in order to prepare the defense. The confidential and exempt 469 status of this information may not be construed to prevent the 470 disclosure of the victim’s identity to the defendant; however, 471 the defendant may not disclose the victim’s identity to any 472 person other than the defendant’s attorney or any other person 473 directly involved in the preparation of the defense. A willful 474 and knowing disclosure of the identity of the victim to any 475 other person by the defendant constitutes contempt. 476 (3) The state may use a pseudonym instead of the victim’s 477 name to designate the victim of a crime described in s. 478 787.06(3)(a)1., (c)1., or (e)1.;,ins. 787.06(3)(b), (d), (f), 479 or (g);,or inchapter 794; or chapter 800;, orof child abuse 480 or,aggravated child abuse, or sexual performance by a childas 481 described in chapter 827; of sexual performance by a child as 482 described in former s. 827.071;,or of a sexual offenseany483crime involving the production, possession, or promotion of484child pornography asdescribed in chapter 847, in all court 485 records and records of court proceedings, both civil and 486 criminal. 487 (5) This section does not prohibit the publication or 488 broadcast of the substance of trial testimony in a prosecution 489 for an offense described in s. 787.06(3)(a)1., (c)1., or (e)1.;,490 s. 787.06(3)(b), (d), (f), or (g);,chapter 794;,or chapter 491 800; for, ora crime of child abuse or,aggravated child abuse,492or sexual performance by a child,as described in chapter 827; 493 for sexual performance by a child as described in former s. 494 827.071; or for a sexual offense described in chapter 847, but 495 the publication or broadcast may not include an identifying 496 photograph, an identifiable voice, or the name or address of the 497 victim, unless the victim has consented in writing to the 498 publication and filed such consent with the court or unless the 499 court has declared such records not confidential and exempt as 500 provided for in subsection (1). 501 Section 9. Subsection (1) of section 92.561, Florida 502 Statutes, is amended to read: 503 92.561 Prohibition on reproduction of child pornography.— 504 (1) In a criminal proceeding, any property or material that 505 portrays sexual performance by a child as defined in former s. 506 827.071 or s. 847.003, or constitutes child pornography as 507 defined in s. 847.0137847.001, must remain secured or locked in 508 the care, custody, and control of a law enforcement agency, the 509 state attorney, or the court. 510 Section 10. Subsection (2) of section 92.565, Florida 511 Statutes, is amended to read: 512 92.565 Admissibility of confession in sexual abuse cases.— 513 (2) In any criminal action in which the defendant is 514 charged with a crime against a victim under s. 787.06(3), 515 involving commercial sexual activity; s. 794.011; s. 794.05; s. 516 800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04, 517 involving sexual abuse; former s. 827.071; s. 847.003;ors. 518 847.0135(5);,or s. 847.0137(2), or any other crime involving 519 sexual abuse of another, or with any attempt, solicitation, or 520 conspiracy to commit any of these crimes, the defendant’s 521 memorialized confession or admission is admissible during trial 522 without the state having to prove a corpus delicti of the crime 523 if the court finds in a hearing conducted outside the presence 524 of the jury that the state is unable to show the existence of 525 each element of the crime, and having so found, further finds 526 that the defendant’s confession or admission is trustworthy. 527 Factors which may be relevant in determining whether the state 528 is unable to show the existence of each element of the crime 529 include, but are not limited to, the fact that, at the time the 530 crime was committed, the victim was: 531 (a) Physically helpless, mentally incapacitated, or 532 mentally defective, as those terms are defined in s. 794.011; 533 (b) Physically incapacitated due to age, infirmity, or any 534 other cause; or 535 (c) Less than 12 years of age. 536 Section 11. Paragraphs (ll) and (qq) of subsection (2) of 537 section 435.04, Florida Statutes, are amended to read: 538 435.04 Level 2 screening standards.— 539 (2) The security background investigations under this 540 section must ensure that no persons subject to the provisions of 541 this section have been arrested for and are awaiting final 542 disposition of, have been found guilty of, regardless of 543 adjudication, or entered a plea of nolo contendere or guilty to, 544 or have been adjudicated delinquent and the record has not been 545 sealed or expunged for, any offense prohibited under any of the 546 following provisions of state law or similar law of another 547 jurisdiction: 548 (ll) Former s.Section827.071, relating to sexual 549 performance by a child. 550 (qq) Chapter 847, relating to obscenity and child 551 exploitationobscene literature. 552 Section 12. Paragraph (c) of subsection (4) of section 553 435.07, Florida Statutes, is amended to read: 554 435.07 Exemptions from disqualification.—Unless otherwise 555 provided by law, the provisions of this section apply to 556 exemptions from disqualification for disqualifying offenses 557 revealed pursuant to background screenings required under this 558 chapter, regardless of whether those disqualifying offenses are 559 listed in this chapter or other laws. 560 (4) 561 (c) Disqualification from employment under this chapter may 562 not be removed from, and an exemption may not be granted to, any 563 current or prospective child care personnel, as defined in s. 564 402.302(3), and such a person is disqualified from employment as 565 child care personnel, regardless of any previous exemptions from 566 disqualification, if the person has been registered as a sex 567 offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been 568 arrested for and is awaiting final disposition of, has been 569 convicted or found guilty of, or entered a plea of guilty or 570 nolo contendere to, regardless of adjudication, or has been 571 adjudicated delinquent and the record has not been sealed or 572 expunged for, any offense prohibited under any of the following 573 provisions of state law or a similar law of another 574 jurisdiction: 575 1. A felony offense prohibited under any of the following 576 statutes: 577 a. Chapter 741, relating to domestic violence. 578 b. Section 782.04, relating to murder. 579 c. Section 782.07, relating to manslaughter, aggravated 580 manslaughter of an elderly person or disabled adult, aggravated 581 manslaughter of a child, or aggravated manslaughter of an 582 officer, a firefighter, an emergency medical technician, or a 583 paramedic. 584 d. Section 784.021, relating to aggravated assault. 585 e. Section 784.045, relating to aggravated battery. 586 f. Section 787.01, relating to kidnapping. 587 g. Section 787.025, relating to luring or enticing a child. 588 h. Section 787.04(2), relating to leading, taking, 589 enticing, or removing a minor beyond the state limits, or 590 concealing the location of a minor, with criminal intent pending 591 custody proceedings. 592 i. Section 787.04(3), relating to leading, taking, 593 enticing, or removing a minor beyond the state limits, or 594 concealing the location of a minor, with criminal intent pending 595 dependency proceedings or proceedings concerning alleged abuse 596 or neglect of a minor. 597 j. Section 794.011, relating to sexual battery. 598 k. Former s. 794.041, relating to sexual activity with or 599 solicitation of a child by a person in familial or custodial 600 authority. 601 l. Section 794.05, relating to unlawful sexual activity 602 with certain minors. 603 m. Section 794.08, relating to female genital mutilation. 604 n. Section 806.01, relating to arson. 605 o. Section 826.04, relating to incest. 606 p. Section 827.03, relating to child abuse, aggravated 607 child abuse, or neglect of a child. 608 q. Section 827.04, relating to contributing to the 609 delinquency or dependency of a child. 610 r. Former s.Section827.071 or s. 847.003, relating to 611 sexual performance by a child. 612 s. Chapter 847, relating to obscenity and child 613 exploitationpornography. 614 t. Section 985.701, relating to sexual misconduct in 615 juvenile justice programs. 616 2. A misdemeanor offense prohibited under any of the 617 following statutes: 618 a. Section 784.03, relating to battery, if the victim of 619 the offense was a minor. 620 b. Section 787.025, relating to luring or enticing a child. 621 c. Chapter 847, relating to obscenity and child 622 exploitationpornography. 623 3. A criminal act committed in another state or under 624 federal law which, if committed in this state, constitutes an 625 offense prohibited under any statute listed in subparagraph 1. 626 or subparagraph 2. 627 Section 13. Paragraphs (o) and (q) of subsection (5) of 628 section 456.074, Florida Statutes, are amended, paragraphs (r) 629 and (s) of that subsection are redesignated as paragraphs (s) 630 and (t), respectively, and a new paragraph (r) is added to that 631 subsection, to read: 632 456.074 Certain health care practitioners; immediate 633 suspension of license.— 634 (5) The department shall issue an emergency order 635 suspending the license of a massage therapist or establishment 636 as defined in chapter 480 upon receipt of information that the 637 massage therapist, a person with an ownership interest in the 638 establishment, or, for a corporation that has more than $250,000 639 of business assets in this state, the owner, officer, or 640 individual directly involved in the management of the 641 establishment has been convicted or found guilty of, or has 642 entered a plea of guilty or nolo contendere to, regardless of 643 adjudication, a violation of s. 796.07(2)(a) which is 644 reclassified under s. 796.07(7) or a felony offense under any of 645 the following provisions of state law or a similar provision in 646 another jurisdiction: 647 (o) Former s.Section827.071 or s. 847.003, relating to 648 sexual performance by a child. 649 (q) Section 847.0135, relating to computer pornography and 650 child exploitation. 651 (r) Section 847.0137, relating to child pornography. 652 Section 14. Paragraphs (o) and (q) of subsection (7) of 653 section 480.041, Florida Statutes, are amended, paragraphs (r) 654 and (s) of that subsection are redesignated as paragraphs (s) 655 and (t), respectively, and a new paragraph (r) is added to that 656 subsection, to read: 657 480.041 Massage therapists; qualifications; licensure; 658 endorsement.— 659 (7) The board shall deny an application for a new or 660 renewal license if an applicant has been convicted or found 661 guilty of, or enters a plea of guilty or nolo contendere to, 662 regardless of adjudication, a violation of s. 796.07(2)(a) which 663 is reclassified under s. 796.07(7) or a felony offense under any 664 of the following provisions of state law or a similar provision 665 in another jurisdiction: 666 (o) Former s.Section827.071 or s. 847.003, relating to 667 sexual performance by a child. 668 (q) Section 847.0135, relating to computer pornography and 669 child exploitation. 670 (r) Section 847.0137, relating to child pornography. 671 Section 15. Paragraphs (o) and (q) of subsection (8) of 672 section 480.043, Florida Statutes, are amended, paragraphs (r) 673 and (s) of that subsection are redesignated as paragraphs (s) 674 and (t), respectively, and a new paragraph (r) is added to that 675 subsection, to read: 676 480.043 Massage establishments; requisites; licensure; 677 inspection.— 678 (8) The department shall deny an application for a new or 679 renewal license if a person with an ownership interest in the 680 establishment or, for a corporation that has more than $250,000 681 of business assets in this state, the owner, officer, or 682 individual directly involved in the management of the 683 establishment has been convicted or found guilty of, or entered 684 a plea of guilty or nolo contendere to, regardless of 685 adjudication, a violation of s. 796.07(2)(a) which is 686 reclassified under s. 796.07(7) or a felony offense under any of 687 the following provisions of state law or a similar provision in 688 another jurisdiction: 689 (o) Former s.Section827.071 or s. 847.003, relating to 690 sexual performance by a child. 691 (q) Section 847.0135, relating to computer pornography and 692 child exploitation. 693 (r) Section 847.0137, relating to child pornography. 694 Section 16. Paragraph (b) of subsection (3) of section 695 743.067, Florida Statutes, is amended to read: 696 743.067 Certified unaccompanied homeless youths.— 697 (3) A certified unaccompanied homeless youth may: 698 (b) Notwithstanding s. 394.4625(1), consent to medical, 699 dental, psychological, substance abuse, and surgical diagnosis 700 and treatment, including preventative care and care by a 701 facility licensed under chapter 394, chapter 395, or chapter 397 702 and any forensic medical examination for the purpose of 703 investigating any felony offense under chapter 784, chapter 787, 704 chapter 794, chapter 800,orchapter 827, s. 847.003, or s. 705 847.0137, for: 706 1. Himself or herself; or 707 2. His or her child, if the certified unaccompanied 708 homeless youth is unmarried, is the parent of the child, and has 709 actual custody of the child. 710 Section 17. Paragraph (a) of subsection (1) of section 711 772.102, Florida Statutes, is amended to read: 712 772.102 Definitions.—As used in this chapter, the term: 713 (1) “Criminal activity” means to commit, to attempt to 714 commit, to conspire to commit, or to solicit, coerce, or 715 intimidate another person to commit: 716 (a) Any crime that is chargeable by indictment or 717 information under the following provisions: 718 1. Section 210.18, relating to evasion of payment of 719 cigarette taxes. 720 2. Section 414.39, relating to public assistance fraud. 721 3. Section 440.105 or s. 440.106, relating to workers’ 722 compensation. 723 4. Part IV of chapter 501, relating to telemarketing. 724 5. Chapter 517, relating to securities transactions. 725 6. Section 550.235 or s. 550.3551, relating to dogracing 726 and horseracing. 727 7. Chapter 550, relating to jai alai frontons. 728 8. Chapter 552, relating to the manufacture, distribution, 729 and use of explosives. 730 9. Chapter 562, relating to beverage law enforcement. 731 10. Section 624.401, relating to transacting insurance 732 without a certificate of authority, s. 624.437(4)(c)1., relating 733 to operating an unauthorized multiple-employer welfare 734 arrangement, or s. 626.902(1)(b), relating to representing or 735 aiding an unauthorized insurer. 736 11. Chapter 687, relating to interest and usurious 737 practices. 738 12. Section 721.08, s. 721.09, or s. 721.13, relating to 739 real estate timeshare plans. 740 13. Chapter 782, relating to homicide. 741 14. Chapter 784, relating to assault and battery. 742 15. Chapter 787, relating to kidnapping or human 743 trafficking. 744 16. Chapter 790, relating to weapons and firearms. 745 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07, 746 relating to prostitution. 747 18. Chapter 806, relating to arson. 748 19. Section 810.02(2)(c), relating to specified burglary of 749 a dwelling or structure. 750 20. Chapter 812, relating to theft, robbery, and related 751 crimes. 752 21. Chapter 815, relating to computer-related crimes. 753 22. Chapter 817, relating to fraudulent practices, false 754 pretenses, fraud generally, and credit card crimes. 755 23. Former s.Section827.071, relating to commercial 756 sexual exploitation of children. 757 24. Chapter 831, relating to forgery and counterfeiting. 758 25. Chapter 832, relating to issuance of worthless checks 759 and drafts. 760 26. Section 836.05, relating to extortion. 761 27. Chapter 837, relating to perjury. 762 28. Chapter 838, relating to bribery and misuse of public 763 office. 764 29. Chapter 843, relating to obstruction of justice. 765 30. Section 847.003, relating to sexual performance by a 766 child. 767 31.30.Section 847.011, s. 847.012, s. 847.013, s. 847.06, 768 or s. 847.07, relating to obscene literature and profanity. 769 32.31.Section 849.09, s. 849.14, s. 849.15, s. 849.23, or 770 s. 849.25, relating to gambling. 771 33.32.Chapter 893, relating to drug abuse prevention and 772 control. 773 34.33.Section 914.22 or s. 914.23, relating to witnesses, 774 victims, or informants. 775 35.34.Section 918.12 or s. 918.13, relating to tampering 776 with jurors and evidence. 777 Section 18. Paragraph (a) of subsection (9) of section 778 775.082, Florida Statutes, is amended to read: 779 775.082 Penalties; applicability of sentencing structures; 780 mandatory minimum sentences for certain reoffenders previously 781 released from prison.— 782 (9)(a)1. “Prison releasee reoffender” means any defendant 783 who commits, or attempts to commit: 784 a. Treason; 785 b. Murder; 786 c. Manslaughter; 787 d. Sexual battery; 788 e. Carjacking; 789 f. Home-invasion robbery; 790 g. Robbery; 791 h. Arson; 792 i. Kidnapping; 793 j. Aggravated assault with a deadly weapon; 794 k. Aggravated battery; 795 l. Aggravated stalking; 796 m. Aircraft piracy; 797 n. Unlawful throwing, placing, or discharging of a 798 destructive device or bomb; 799 o. Any felony that involves the use or threat of physical 800 force or violence against an individual; 801 p. Armed burglary; 802 q. Burglary of a dwelling or burglary of an occupied 803 structure; or 804 r. Any felony violation of s. 790.07, s. 800.04, s. 827.03, 805 former s. 827.071, s. 847.003,ors. 847.0135(5), or s. 806 847.0137(2); 807 808 within 3 years after being released from a state correctional 809 facility operated by the Department of Corrections or a private 810 vendor or within 3 years after being released from a 811 correctional institution of another state, the District of 812 Columbia, the United States, any possession or territory of the 813 United States, or any foreign jurisdiction, following 814 incarceration for an offense for which the sentence is 815 punishable by more than 1 year in this state. 816 2. “Prison releasee reoffender” also means any defendant 817 who commits or attempts to commit any offense listed in sub 818 subparagraphs (a)1.a.-r. while the defendant was serving a 819 prison sentence or on escape status from a state correctional 820 facility operated by the Department of Corrections or a private 821 vendor or while the defendant was on escape status from a 822 correctional institution of another state, the District of 823 Columbia, the United States, any possession or territory of the 824 United States, or any foreign jurisdiction, following 825 incarceration for an offense for which the sentence is 826 punishable by more than 1 year in this state. 827 3. If the state attorney determines that a defendant is a 828 prison releasee reoffender as defined in subparagraph 1., the 829 state attorney may seek to have the court sentence the defendant 830 as a prison releasee reoffender. Upon proof from the state 831 attorney that establishes by a preponderance of the evidence 832 that a defendant is a prison releasee reoffender as defined in 833 this section, such defendant is not eligible for sentencing 834 under the sentencing guidelines and must be sentenced as 835 follows: 836 a. For a felony punishable by life, by a term of 837 imprisonment for life; 838 b. For a felony of the first degree, by a term of 839 imprisonment of 30 years; 840 c. For a felony of the second degree, by a term of 841 imprisonment of 15 years; and 842 d. For a felony of the third degree, by a term of 843 imprisonment of 5 years. 844 Section 19. Paragraphs (b) and (f) of subsection (1) and 845 subsection (2) of section 775.0847, Florida Statutes, are 846 amended, and paragraph (g) is added to subsection (1) of that 847 section, to read: 848 775.0847 Possession or promotion of certain visual 849 depictionsimagesof child pornography; reclassification.— 850 (1) For purposes of this section: 851 (b) “Child pornography” has the same meaning as provided in 852 s. 847.0137means any image depicting a minor engaged in sexual853conduct. 854 (f) “Sexual conduct” means actual or simulated sexual 855 intercourse, deviate sexual intercourse, sexual bestiality, 856 masturbation, or sadomasochistic abuse; actual or simulated lewd 857 exhibition of the genitals; actual physical contact with a 858 person’s clothed or unclothed genitals, pubic area, buttocks, 859 or, if such person is a female, breast with the intent to arouse 860 or gratify the sexual desire of either party; or any act or 861 conduct which constitutes sexual battery or simulates that 862 sexual battery is being or will be committed. A mother’s 863 breastfeeding of her baby does not under any circumstance 864 constitute “sexual conduct.” 865 (g) “Visual depiction” has the same meaning as provided in 866 s. 847.0137. 867 (2) A violation of former s. 827.071, s. 847.003, s. 868 847.0135, s. 847.0137, or s. 847.0138 shall be reclassified to 869 the next higher degree as provided in subsection (3) if: 870 (a) The offender possesses 10 or more visual depictions 871imagesof any form of child pornography regardless of content; 872 and 873 (b) The content of at least one visual depictionimage874 contains one or more of the following: 875 1. A child who is younger than the age of 5. 876 2. Sadomasochistic abuse involving a child. 877 3. Sexual battery involving a child. 878 4. Sexual bestiality involving a child. 879 5. Any movie involving a child, regardless of length and 880 regardless of whether the movie contains sound. 881 Section 20. Subsection (1) of section 775.0877, Florida 882 Statutes, is amended to read: 883 775.0877 Criminal transmission of HIV; procedures; 884 penalties.— 885 (1) In any case in which a person has been convicted of or 886 has pled nolo contendere or guilty to, regardless of whether 887 adjudication is withheld, any of the following offenses, or the 888 attempt thereof, which offense or attempted offense involves the 889 transmission of body fluids from one person to another: 890 (a) Section 794.011, relating to sexual battery; 891 (b) Section 826.04, relating to incest; 892 (c) Section 800.04, relating to lewd or lascivious offenses 893 committed upon or in the presence of persons less than 16 years 894 of age; 895 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), 896 relating to assault; 897 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), 898 relating to aggravated assault; 899 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), 900 relating to battery; 901 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), 902 relating to aggravated battery; 903 (h) Section 827.03(2)(c), relating to child abuse; 904 (i) Section 827.03(2)(a), relating to aggravated child 905 abuse; 906 (j) Section 825.102(1), relating to abuse of an elderly 907 person or disabled adult; 908 (k) Section 825.102(2), relating to aggravated abuse of an 909 elderly person or disabled adult; 910 (l) Former s.Section827.071 or s. 847.003, relating to 911 sexual performance by a childperson less than 18 years of age; 912 (m) Sections 796.07 and 796.08, relating to prostitution; 913 (n) Section 381.0041(11)(b), relating to donation of blood, 914 plasma, organs, skin, or other human tissue; or 915 (o) Sections 787.06(3)(b), (d), (f), and (g), relating to 916 human trafficking, 917 918 the court shall order the offender to undergo HIV testing, to be 919 performed under the direction of the Department of Health in 920 accordance with s. 381.004, unless the offender has undergone 921 HIV testing voluntarily or pursuant to procedures established in 922 s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or 923 rule providing for HIV testing of criminal offenders or inmates, 924 subsequent to her or his arrest for an offense enumerated in 925 paragraphs (a)-(n) for which she or he was convicted or to which 926 she or he pled nolo contendere or guilty. The results of an HIV 927 test performed on an offender pursuant to this subsection are 928 not admissible in any criminal proceeding arising out of the 929 alleged offense. 930 Section 21. Paragraph (a) of subsection (4) and paragraph 931 (b) of subsection (10) of section 775.21, Florida Statutes, are 932 amended to read: 933 775.21 The Florida Sexual Predators Act.— 934 (4) SEXUAL PREDATOR CRITERIA.— 935 (a) For a current offense committed on or after October 1, 936 1993, upon conviction, an offender shall be designated as a 937 “sexual predator” under subsection (5), and subject to 938 registration under subsection (6) and community and public 939 notification under subsection (7) if: 940 1. The felony is: 941 a. A capital, life, or first degree felony violation, or 942 any attempt thereof, of s. 787.01 or s. 787.02, where the victim 943 is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a 944 violation of a similar law of another jurisdiction; or 945 b. Any felony violation, or any attempt thereof, of s. 946 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 947 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 948 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 949 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 950 s. 800.04; s. 810.145(8)(b); s. 825.1025; former s. 827.071; s. 951 847.003; s. 847.0135, excluding s. 847.0135(6); s. 847.0137(2); 952 s. 847.0145; s. 895.03, if the court makes a written finding 953 that the racketeering activity involved at least one sexual 954 offense listed in this sub-subparagraph or at least one offense 955 listed in this sub-subparagraph with sexual intent or motive; s. 956 916.1075(2); or s. 985.701(1); or a violation of a similar law 957 of another jurisdiction, and the offender has previously been 958 convicted of or found to have committed, or has pled nolo 959 contendere or guilty to, regardless of adjudication, any 960 violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s. 961 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 962 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 963 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 964 former s. 796.035; s. 800.04; s. 825.1025; former s. 827.071; s. 965 847.003; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 966 847.0137(2); s. 847.0145; s. 895.03, if the court makes a 967 written finding that the racketeering activity involved at least 968 one sexual offense listed in this sub-subparagraph or at least 969 one offense listed in this sub-subparagraph with sexual intent 970 or motive; s. 916.1075(2); or s. 985.701(1); or a violation of a 971 similar law of another jurisdiction; 972 2. The offender has not received a pardon for any felony or 973 similar law of another jurisdiction that is necessary for the 974 operation of this paragraph; and 975 3. A conviction of a felony or similar law of another 976 jurisdiction necessary to the operation of this paragraph has 977 not been set aside in any postconviction proceeding. 978 (10) PENALTIES.— 979 (b) A sexual predator who has been convicted of or found to 980 have committed, or has pled nolo contendere or guilty to, 981 regardless of adjudication, any violation, or attempted 982 violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where 983 the victim is a minor; s. 794.011, excluding s. 794.011(10); s. 984 794.05; former s. 796.03; former s. 796.035; s. 800.04; former 985 s. 827.071; s. 847.003; s. 847.0133; s. 847.0135(5); s. 986 847.0137(2); s. 847.0145; or s. 985.701(1); or a violation of a 987 similar law of another jurisdiction when the victim of the 988 offense was a minor, and who works, whether for compensation or 989 as a volunteer, at any business, school, child care facility, 990 park, playground, or other place where children regularly 991 congregate, commits a felony of the third degree, punishable as 992 provided in s. 775.082, s. 775.083, or s. 775.084. 993 Section 22. Subsection (2) and paragraphs (a) and (c) of 994 subsection (3) of section 775.215, Florida Statutes, are amended 995 to read: 996 775.215 Residency restriction for persons convicted of 997 certain sex offenses.— 998 (2)(a) A person who has been convicted of a violation of s. 999 794.011, s. 800.04, former s. 827.071, s. 847.003, s. 1000 847.0135(5), s. 847.0137(2), or s. 847.0145, regardless of 1001 whether adjudication has been withheld, in which the victim of 1002 the offense was less than 16 years of age, may not reside within 1003 1,000 feet of any school, child care facility, park, or 1004 playground. However, a person does not violate this subsection 1005 and may not be forced to relocate if he or she is living in a 1006 residence that meets the requirements of this subsection and a 1007 school, child care facility, park, or playground is subsequently 1008 established within 1,000 feet of his or her residence. 1009 (b) A person who violates this subsection and whose 1010 conviction under s. 794.011, s. 800.04, former s. 827.071, s. 1011 847.003, s. 847.0135(5), s. 847.0137(2), or s. 847.0145 was 1012 classified as a felony of the first degree or higher commits a 1013 felony of the third degree, punishable as provided in s. 775.082 1014 or s. 775.083. A person who violates this subsection and whose 1015 conviction under s. 794.011, s. 800.04, former s. 827.071, s. 1016 847.003, s. 847.0135(5), s. 847.0137(2), or s. 847.0145 was 1017 classified as a felony of the second or third degree commits a 1018 misdemeanor of the first degree, punishable as provided in s. 1019 775.082 or s. 775.083. 1020 (c) This subsection applies to any person convicted of a 1021 violation of s. 794.011, s. 800.04, former s. 827.071, s. 1022 847.003, s. 847.0135(5), s. 847.0137(2), or s. 847.0145 for 1023 offenses that occur on or after October 1, 2004, excluding 1024 persons who have been removed from the requirement to register 1025 as a sexual offender or sexual predator pursuant to s. 1026 943.04354. 1027 (3)(a) A person who has been convicted of an offense in 1028 another jurisdiction that is similar to a violation of s. 1029 794.011, s. 800.04, former s. 827.071, s. 847.003, s. 1030 847.0135(5), s. 847.0137(2), or s. 847.0145, regardless of 1031 whether adjudication has been withheld, in which the victim of 1032 the offense was less than 16 years of age, may not reside within 1033 1,000 feet of any school, child care facility, park, or 1034 playground. However, a person does not violate this subsection 1035 and may not be forced to relocate if he or she is living in a 1036 residence that meets the requirements of this subsection and a 1037 school, child care facility, park, or playground is subsequently 1038 established within 1,000 feet of his or her residence. 1039 (c) This subsection applies to any person convicted of an 1040 offense in another jurisdiction that is similar to a violation 1041 of s. 794.011, s. 800.04, former s. 827.071, s. 847.003, s. 1042 847.0135(5), s. 847.0137(2), or s. 847.0145 if such offense 1043 occurred on or after May 26, 2010, excluding persons who have 1044 been removed from the requirement to register as a sexual 1045 offender or sexual predator pursuant to s. 943.04354. 1046 Section 23. Paragraph (c) of subsection (1) of section 1047 784.046, Florida Statutes, is amended to read: 1048 784.046 Action by victim of repeat violence, sexual 1049 violence, or dating violence for protective injunction; dating 1050 violence investigations, notice to victims, and reporting; 1051 pretrial release violations; public records exemption.— 1052 (1) As used in this section, the term: 1053 (c) “Sexual violence” means any one incident of: 1054 1. Sexual battery, as defined in chapter 794; 1055 2. A lewd or lascivious act, as defined in chapter 800, 1056 committed upon or in the presence of a person younger than 16 1057 years of age; 1058 3. Luring or enticing a child, as described in chapter 787; 1059 4. Sexual performance by a child, as described in former s. 1060 827.071 or s. 847.003chapter 827; or 1061 5. Any other forcible felony wherein a sexual act is 1062 committed or attempted, 1063 1064 regardless of whether criminal charges based on the incident 1065 were filed, reduced, or dismissed by the state attorney. 1066 Section 24. Subsection (2) of section 794.0115, Florida 1067 Statutes, is amended to read: 1068 794.0115 Dangerous sexual felony offender; mandatory 1069 sentencing.— 1070 (2) Any person who is convicted of a violation of s. 1071 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 1072 800.04(4) or (5); s. 825.1025(2) or (3); former s. 827.071(2), 1073 (3), or (4); s. 847.003; s. 847.0137(2)(a); or s. 847.0145; or 1074 of any similar offense under a former designation, which offense 1075 the person committed when he or she was 18 years of age or 1076 older, and the person: 1077 (a) Caused serious personal injury to the victim as a 1078 result of the commission of the offense; 1079 (b) Used or threatened to use a deadly weapon during the 1080 commission of the offense; 1081 (c) Victimized more than one person during the course of 1082 the criminal episode applicable to the offense; 1083 (d) Committed the offense while under the jurisdiction of a 1084 court for a felony offense under the laws of this state, for an 1085 offense that is a felony in another jurisdiction, or for an 1086 offense that would be a felony if that offense were committed in 1087 this state; or 1088 (e) Has previously been convicted of a violation of s. 1089 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 1090 800.04(4) or (5); s. 825.1025(2) or (3); former s. 827.071(2), 1091 (3), or (4); s. 847.003; s. 847.0137(2)(a); or s. 847.0145; of 1092 any offense under a former statutory designation which is 1093 similar in elements to an offense described in this paragraph; 1094 or of any offense that is a felony in another jurisdiction, or 1095 would be a felony if that offense were committed in this state, 1096 and which is similar in elements to an offense described in this 1097 paragraph, 1098 1099 is a dangerous sexual felony offender, who must be sentenced to 1100 a mandatory minimum term of 25 years imprisonment up to, and 1101 including, life imprisonment. If the offense described in this 1102 subsection was committed on or after October 1, 2014, a person 1103 who qualifies as a dangerous sexual felony offender pursuant to 1104 this subsection must be sentenced to a mandatory minimum term of 1105 50 years imprisonment up to, and including, life imprisonment. 1106 Section 25. Subsection (1) of section 794.024, Florida 1107 Statutes, is amended to read: 1108 794.024 Unlawful to disclose identifying information.— 1109 (1) A public employee or officer who has access to the 1110 photograph, name, or address of a person who is alleged to be 1111 the victim of an offense described in this chapter, chapter 800, 1112 s. 827.03, s. 827.04, or former s. 827.071, or of a sexual 1113 offense described in chapter 847, may not willfully and 1114 knowingly disclose it to a person who is not assisting in the 1115 investigation or prosecution of the alleged offense or to any 1116 person other than the defendant, the defendant’s attorney, a 1117 person specified in an order entered by the court having 1118 jurisdiction of the alleged offense, or organizations authorized 1119 to receive such information made exempt by s. 119.071(2)(h), or 1120 to a rape crisis center or sexual assault counselor, as defined 1121 in s. 90.5035(1)(b), who will be offering services to the 1122 victim. 1123 Section 26. Subsection (1) of section 794.056, Florida 1124 Statutes, is amended to read: 1125 794.056 Rape Crisis Program Trust Fund.— 1126 (1) The Rape Crisis Program Trust Fund is created within 1127 the Department of Health for the purpose of providing funds for 1128 rape crisis centers in this state. Trust fund moneys shall be 1129 used exclusively for the purpose of providing services for 1130 victims of sexual assault. Funds credited to the trust fund 1131 consist of those funds collected as an additional court 1132 assessment in each case in which a defendant pleads guilty or 1133 nolo contendere to, or is found guilty of, regardless of 1134 adjudication, an offense provided in s. 775.21(6) and (10)(a), 1135 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 1136 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 1137 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s. 1138 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; 1139 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 1140 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 1141 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s. 1142 825.1025; former s. 827.071; s. 836.10; s. 847.003; s. 847.0133; 1143 s. 847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c), 1144 (7), (8), (9)(a), (13), and (14)(c); or s. 985.701(1). Funds 1145 credited to the trust fund also shall include revenues provided 1146 by law, moneys appropriated by the Legislature, and grants from 1147 public or private entities. 1148 Section 27. Section 794.10, Florida Statutes, is created to 1149 read: 1150 794.10 Investigative subpoenas in certain cases involving 1151 child victims.— 1152 (1) DEFINITIONS.—As used in this section, the term: 1153 (a) “Child” means a person who is less than 18 years of 1154 age. 1155 (b) “Criminal justice agency” means a law enforcement 1156 agency, court, or prosecutor in this state. 1157 (c) “Sexual exploitation or abuse of a child” means a 1158 criminal offense based on any conduct described in s. 39.01(71). 1159 (2) AUTHORIZATION.— 1160 (a) In any investigation of: 1161 1. An offense involving the sexual exploitation or abuse of 1162 a child; 1163 2. An individual’s suspected commission of a crime listed 1164 in s. 943.0435(1)(h)1.a.(I); or 1165 3. An offense under chapter 847 involving a child victim 1166 which is not otherwise included in subparagraph 1. or 1167 subparagraph 2., 1168 1169 a criminal justice agency may issue in writing and cause to be 1170 served a subpoena requiring the production of any record, 1171 object, or other information or testimony described in paragraph 1172 (b). 1173 (b) A subpoena issued under this section may require: 1174 1. The production of any record, object, or other 1175 information relevant to the investigation. 1176 2. Testimony by the custodian of the record, object, or 1177 other information concerning its production and authenticity. 1178 (3) CONTENTS OF SUBPOENAS.—A subpoena issued under this 1179 section shall describe any record, object, or other information 1180 required to be produced and prescribe a reasonable return date 1181 within which the record, object, or other information can be 1182 assembled and made available. 1183 (4) WITNESS EXPENSES.—Witnesses subpoenaed under this 1184 section shall be reimbursed for fees and mileage at the same 1185 rate at which witnesses in the courts of this state are 1186 reimbursed. 1187 (5) PETITIONS BEFORE RETURN DATE.—At any time before the 1188 return date specified in the subpoena, the recipient of the 1189 subpoena may, in the circuit court of the county in which the 1190 recipient conducts business or resides, petition for an order 1191 modifying or setting aside the subpoena or the requirement for 1192 nondisclosure of certain information under subsection (6). 1193 (6) NONDISCLOSURE.— 1194 (a)1. If a subpoena issued under this section is 1195 accompanied by a written certification under subparagraph 2. and 1196 notice under paragraph (c), the recipient of the subpoena, and a 1197 person to whom information is disclosed under subparagraph 1198 (b)1., may not disclose, for a period of 180 days, to any person 1199 the existence or contents of the subpoena. 1200 2. The requirement in subparagraph 1. applies if the 1201 criminal justice agency that issued the subpoena certifies in 1202 writing that the disclosure may result in one or more of the 1203 following circumstances: 1204 a. Endangering a person’s life or physical safety; 1205 b. Encouraging a person’s flight from prosecution; 1206 c. Destruction of or tampering with evidence; 1207 d. Intimidation of potential witnesses; or 1208 e. Otherwise seriously jeopardizing an investigation or 1209 unduly delaying a trial. 1210 (b)1. A recipient of a subpoena may disclose information 1211 subject to the nondisclosure requirement in subparagraph (a)1. 1212 to: 1213 a. A person to whom disclosure is necessary in order to 1214 comply with the subpoena; 1215 b. An attorney in order to obtain legal advice or 1216 assistance regarding the subpoena; or 1217 c. Any other person as authorized by the criminal justice 1218 agency that issued the subpoena. 1219 2. A recipient of a subpoena who discloses to a person 1220 described in subparagraph 1. information subject to the 1221 nondisclosure requirement shall notify such person of the 1222 nondisclosure requirement by providing the person with a copy of 1223 the subpoena. A person to whom information is disclosed under 1224 subparagraph 1. is subject to the nondisclosure requirement in 1225 subparagraph (a)1. 1226 3. At the request of the criminal justice agency that 1227 issued the subpoena, a recipient of a subpoena who discloses or 1228 intends to disclose to a person described in sub-subparagraph 1229 1.a. or sub-subparagraph 1.b. information subject to the 1230 nondisclosure requirement shall provide to the criminal justice 1231 agency the identity of the person to whom such disclosure was or 1232 will be made. 1233 (c)1. The nondisclosure requirement imposed under paragraph 1234 (a) is subject to judicial review under subsection (13). 1235 2. A subpoena issued under this section, in connection with 1236 which a nondisclosure requirement under paragraph (a) is 1237 imposed, shall include: 1238 a. Notice of the nondisclosure requirement and the 1239 availability of judicial review. 1240 b. Notice that a violation of the nondisclosure requirement 1241 is subject to the penalties provided in paragraph (11)(b). 1242 (d) The nondisclosure requirement in paragraph (a) may be 1243 extended under subsection (13). 1244 (7) EXCEPTIONS TO PRODUCTION.—A subpoena issued under this 1245 section may not require the production of anything that is 1246 protected from production under the standards applicable to a 1247 subpoena duces tecum issued by a court of this state. 1248 (8) RETURN OF RECORDS AND OBJECTS.—If a case or proceeding 1249 resulting from the production of any record, object, or other 1250 information under this section does not arise within a 1251 reasonable period of time after such production, the criminal 1252 justice agency to which it was delivered shall, upon written 1253 demand made by the person producing it, return the record, 1254 object, or other information to such person, unless the record 1255 was a copy and not an original. 1256 (9) TIME OF PRODUCTION.—A subpoena issued under this 1257 section may require production of any record, object, or other 1258 information as soon as possible, but the recipient of the 1259 subpoena must have at least 24 hours after he or she is served 1260 to produce the record, object, or other information. 1261 (10) SERVICE.—A subpoena issued under this section may be 1262 served as provided in chapter 48. 1263 (11) ENFORCEMENT.— 1264 (a) If a recipient of a subpoena under this section refuses 1265 to comply with the subpoena, the criminal justice agency may 1266 invoke the aid of any circuit court described in subsection (5) 1267 or of the circuit court of the county in which the authorized 1268 investigation is being conducted. Such court may issue an order 1269 requiring the recipient of a subpoena to appear before the 1270 criminal justice agency that issued the subpoena to produce any 1271 record, object, or other information or to testify concerning 1272 the production and authenticity of the record, object, or other 1273 information. Any failure to comply with an order under this 1274 paragraph may be punished by the court as a contempt of court. 1275 All process in any such case may be served in any county in 1276 which such person may be found. 1277 (b) A recipient of a subpoena, or a person to whom 1278 information is disclosed under subparagraph(6)(b)1., who 1279 knowingly violates: 1280 1. A nondisclosure requirement imposed under paragraph 1281 (6)(a) commits a noncriminal violation punishable as provided in 1282 s. 775.083. Each person to whom a disclosure is made in 1283 violation of this subparagraph constitutes a separate violation 1284 subject to a separate fine. 1285 2. A nondisclosure requirement ordered by the court under 1286 this section may be held in contempt of court. 1287 (12) IMMUNITY.—Notwithstanding any other law, any person, 1288 including any officer, agent, or employee, receiving a subpoena 1289 under this section who complies in good faith with the subpoena 1290 and produces or discloses any record, object, or other 1291 information sought is not liable in any court in this state to 1292 any customer or other person for such production or disclosure. 1293 (13) JUDICIAL REVIEW OF NONDISCLOSURE REQUIREMENT.— 1294 (a)1.a. If a recipient of a subpoena under this section, or 1295 a person to whom information is disclosed under subparagraph 1296 (6)(b)1., wishes to have a court review a nondisclosure 1297 requirement under subsection (6), such recipient or person may 1298 notify the criminal justice agency issuing the subpoena or file 1299 a petition for judicial review in the circuit court described in 1300 subsection (5). 1301 b. Within 30 days after the date on which the criminal 1302 justice agency receives the notification under sub-subparagraph 1303 a., the criminal justice agency shall apply for an order 1304 prohibiting the disclosure of the existence or contents of the 1305 subpoena. An application under this sub-subparagraph may be 1306 filed in the circuit court described in subsection (5) or in the 1307 circuit court of the county in which the authorized 1308 investigation is being conducted. 1309 c. The nondisclosure requirement shall remain in effect 1310 during the pendency of proceedings relating to the requirement. 1311 d. A circuit court that receives a petition under sub 1312 subparagraph a. or an application under sub-subparagraph b. 1313 shall rule on such petition or application as expeditiously as 1314 possible. 1315 2. An application for a nondisclosure order or extension 1316 thereof or a response to a petition filed under this paragraph 1317 must include a certification from the criminal justice agency 1318 that issued the subpoena indicating that the disclosure of such 1319 information may result in one or more of the circumstances 1320 described in subparagraph (6)(a)2. 1321 3. A circuit court shall issue a nondisclosure order or 1322 extension thereof under this paragraph if it determines that 1323 there is reason to believe that disclosure of such information 1324 may result in one or more of the circumstances described in 1325 subparagraph (6)(a)2. 1326 4. Upon a showing that any of the circumstances described 1327 in subparagraph (6)(a)2. continue to exist, a circuit court may 1328 issue an ex parte order extending a nondisclosure order imposed 1329 under this section for an additional 180 days. There is no limit 1330 on the number of nondisclosure extensions that may be granted 1331 under this subparagraph. 1332 (b) In all proceedings under this subsection, subject to 1333 any right to an open hearing in a contempt proceeding, a circuit 1334 court must close any hearing to the extent necessary to prevent 1335 the unauthorized disclosure of a request for records, objects, 1336 or other information made to any person under this section. 1337 Petitions, filings, records, orders, certifications, and 1338 subpoenas must also be kept under seal to the extent and as long 1339 as necessary to prevent the unauthorized disclosure of any 1340 information under this section. 1341 Section 28. Section 796.001, Florida Statutes, is amended 1342 to read: 1343 796.001 Offenses by adults involving minors; intent.—It is 1344 the intent of the Legislature that adults who involve minors in 1345 any behavior prohibited under this chapter be prosecuted under 1346 other laws of this state, such as, but not limited to, s. 1347 787.06, chapter 794, chapter 800, s. 810.145, former s. 827.071 1348chapter 827, and chapter 847. The Legislature finds that 1349 prosecution of such adults under this chapter is inappropriate 1350 since a minor is unable to consent to such behavior. 1351 Section 29. Section 827.071, Florida Statutes, is repealed. 1352 Section 30. Subsections (3), (8), and (16) of section 1353 847.001, Florida Statutes, are amended to read: 1354 847.001 Definitions.—As used in this chapter, the term: 1355 (3) “Child pornography” has the same meaning as provided in 1356 s. 847.0137means any image depicting a minor engaged in sexual1357conduct. 1358 (8) “Minor” or “child” means aanyperson under the age of 1359 18 years. 1360 (16) “Sexual conduct” means actual or simulated sexual 1361 intercourse, deviate sexual intercourse, sexual bestiality, 1362 masturbation, or sadomasochistic abuse; actual or simulated lewd 1363 exhibition of the genitals; actual physical contact with a 1364 person’s clothed or unclothed genitals, pubic area, buttocks, 1365 or, if such person is a female, breast with the intent to arouse 1366 or gratify the sexual desire of either party; or any act or 1367 conduct which constitutes sexual battery or simulates that 1368 sexual battery is being or will be committed. A mother’s 1369 breastfeeding of her baby does not under any circumstance 1370 constitute “sexual conduct.” 1371 Section 31. Section 847.003, Florida Statutes, is created 1372 to read: 1373 847.003 Sexual performance by a child; penalties.— 1374 (1) As used in this section, the term: 1375 (a) “Performance” means a play, motion picture, photograph, 1376 or dance or other visual representation exhibited before an 1377 audience. 1378 (b) “Promote” means to procure, manufacture, issue, sell, 1379 give, provide, lend, mail, deliver, transfer, transmute, 1380 publish, distribute, circulate, disseminate, present, exhibit, 1381 or advertise or to offer or agree to do the same. 1382 (c) “Sexual performance” means a performance or part 1383 thereof which includes sexual conduct by a child. 1384 (2) A person who, knowing the character and content 1385 thereof, employs, authorizes, or induces a child to engage in a 1386 sexual performance or, being a parent, legal guardian, or 1387 custodian of such child, consents to the participation by such 1388 child in a sexual performance commits the offense of use of a 1389 child in a sexual performance, a felony of the second degree, 1390 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1391 (3) A person who, knowing the character and content 1392 thereof, produces, directs, or promotes a performance that 1393 includes sexual conduct by a child commits the offense of 1394 promoting a sexual performance by a child, a felony of the 1395 second degree, punishable as provided in s. 775.082, s. 775.083, 1396 or s. 775.084. 1397 Section 32. Subsections (2), (3), and (4) of section 1398 847.0135, Florida Statutes, are amended to read: 1399 847.0135 Computer pornography; child exploitation 1400prohibited computer usage; traveling to meet minor; penalties.— 1401 (2) COMPUTER PORNOGRAPHY.—A person who: 1402 (a) Knowingly compiles, enters into, or transmits by use of 1403 computer; 1404 (b) Makes, prints, publishes, or reproduces by other 1405 computerized means; 1406 (c) Knowingly causes or allows to be entered into or 1407 transmitted by use of computer; or 1408 (d) Buys, sells, receives, exchanges, or disseminates, 1409 1410 aanynotice, a statement, or an advertisement of aanyminor’s 1411 name, telephone number, place of residence, physical 1412 characteristics, or other descriptive or identifying information 1413 for purposes of facilitating, encouraging, offering, or 1414 soliciting sexual conduct of or with aanyminor, or the visual 1415 depiction of such conduct, commits a felony of the third degree, 1416 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1417 The fact that an undercover operative or law enforcement officer 1418 was involved in the detection and investigation of an offense 1419 under this section shall not constitute a defense to a 1420 prosecution under this section. 1421 (3) CERTAIN USES OF COMPUTER SERVICES OR DEVICES 1422 PROHIBITED.—AAnyperson who knowingly uses a computer online 1423 service, Internet service, local bulletin board service, orany1424 other device capable of electronic data storage or transmission 1425 to: 1426 (a) Seduce, solicit, lure, or entice, or attempt to seduce, 1427 solicit, lure, or entice, a child or another person believed by 1428 the person to be a child, to commit ananyillegal act described 1429 in chapter 794, chapter 800, former s. 827.071or chapter 827, 1430 s. 847.003, or s. 847.0137, or to otherwise engage inany1431 unlawful sexual conduct with a child or with another person 1432 believed by the person to be a child; or 1433 (b) Solicit, lure, or entice, or attempt to solicit, lure, 1434 or entice a parent, legal guardian, or custodian of a child or a 1435 person believed to be a parent, legal guardian, or custodian of 1436 a child to consent to the participation of such child in anany1437 act described in chapter 794, chapter 800, former s. 827.071or1438chapter 827, s. 847.003, or s. 847.0137, or to otherwise engage 1439 inanysexual conduct, 1440 1441 commits a felony of the third degree, punishable as provided in 1442 s. 775.082, s. 775.083, or s. 775.084. AAnyperson who, in 1443 violating this subsection, misrepresents his or her age, commits 1444 a felony of the second degree, punishable as provided in s. 1445 775.082, s. 775.083, or s. 775.084. Each separate use of a 1446 computer online service, Internet service, local bulletin board 1447 service, oranyother device capable of electronic data storage 1448 or transmission wherein an offense described in this section is 1449 committed may be charged as a separate offense. 1450 (4) TRAVELING TO MEET A MINOR.—AAnyperson who travels any 1451 distance either within this state, to this state, or from this 1452 state by any means, who attempts to do so, or who causes another 1453 to do so or to attempt to do so for the purpose of engaging in 1454 ananyillegal act described in chapter 794, chapter 800, former 1455 s. 827.071or chapter 827, s. 847.003, or s. 847.0137, or to 1456 otherwise engage in other unlawful sexual conduct with a child 1457 or with another person believed by the person to be a child 1458 after using a computer online service, Internet service, local 1459 bulletin board service, oranyother device capable of 1460 electronic data storage or transmission to: 1461 (a) Seduce, solicit, lure, or entice or attempt to seduce, 1462 solicit, lure, or entice a child or another person believed by 1463 the person to be a child, to engage in ananyillegal act 1464 described in chapter 794, chapter 800, former s. 827.071or1465chapter 827, s. 847.003, or s. 847.0137, or to otherwise engage 1466 in other unlawful sexual conduct with a child; or 1467 (b) Solicit, lure, or entice or attempt to solicit, lure, 1468 or entice a parent, legal guardian, or custodian of a child or a 1469 person believed to be a parent, legal guardian, or custodian of 1470 a child to consent to the participation of such child in anany1471 act described in chapter 794, chapter 800, former s. 827.071or1472chapter 827, s. 847.003, or s. 847.0137, or to otherwise engage 1473 inanysexual conduct, 1474 1475 commits a felony of the second degree, punishable as provided in 1476 s. 775.082, s. 775.083, or s. 775.084. 1477 Section 33. Subsection (1) of section 847.01357, Florida 1478 Statutes, is amended to read: 1479 847.01357 Exploited children’s civil remedy.— 1480 (1) AAnyperson who, while under the age of 18, was a 1481 victim of a sexual abuse crime listed in chapter 794, chapter 1482 800, former s. 827.071chapter 827, or chapter 847, where any 1483 portion of such abuse was used in the production of child 1484 pornography, and who suffers personal or psychological injury as 1485 a result of the production, promotion, or possession of such 1486 images or movies, may bring an action in an appropriate state 1487 court against the producer, promoter, or possessor of such 1488 images or movies, regardless of whether the victim is now an 1489 adult. In any action brought under this section, a prevailing 1490 plaintiff shall recover the actual damages such person sustained 1491 and the cost of the suit, including reasonable attorney 1492attorney’sfees. AAnyvictim who is awarded damages under this 1493 section shall be deemed to have sustained damages of at least 1494 $150,000. 1495 Section 34. Section 847.0137, Florida Statutes, is amended 1496 to read: 1497 847.0137 Child pornography;Transmission of pornography by1498electronic device or equipmentprohibited acts; penalties.— 1499 (1) For purposes of this section, the term: 1500 (a) “Child pornography” means a visual depiction of sexual 1501 conduct, in which: 1502 1. The production of such visual depiction involves the use 1503 of a minor engaging in sexual conduct; or 1504 2. Such visual depiction has been created, adapted, or 1505 modified to appear that an identifiable minor is engaging in 1506 sexual conduct. 1507 (b) “Identifiable minor” means a person who is recognizable 1508 as an actual person by the person’s face, likeness, or other 1509 distinguishing characteristic, such as a unique birthmark, or 1510 other recognizable feature and: 1511 1. Who was a minor at the time the visual depiction was 1512 created, adapted, or modified; or 1513 2. Whose image as a minor was used in creating, adapting, 1514 or modifying the visual depiction. 1515 1516 This paragraph does not require proof of the actual identity of 1517 the identifiable minor. 1518 (c) “Intentionally view” means to deliberately, 1519 purposefully, and voluntarily view. Proof of intentional viewing 1520 requires establishing that a person deliberately, purposefully, 1521 and voluntarily viewed more than one visual depiction over any 1522 period of time. 1523 (d) “Promote” means to procure, manufacture, issue, sell, 1524 give, provide, lend, mail, deliver, transfer, transmute, 1525 publish, distribute, circulate, disseminate, present, exhibit, 1526 or advertise or to offer or agree to do the same.“Minor” means1527any person less than 18 years of age.1528 (e)(b)“Transmit” means the act of sending and causing to 1529 be delivered, including the act of providing access for 1530 receiving and causing to be delivered, a visual depictionany1531image, information, or datafrom one or more persons or places1532to one or more other persons or placesover or through any 1533 medium, including the Internet or an interconnected network, by 1534 use ofanyelectronic equipment or other device. 1535 (f) “Visual depiction” includes, but is not limited to, a 1536 photograph, picture, image, motion picture, film, video, 1537 representation, or computer or computer-generated image or 1538 picture, whether made or produced by electronic, mechanical, or 1539 other means. The term also includes undeveloped film and 1540 videotape, data stored on computer disk or by electronic means 1541 which is capable of conversion into a visual image, and data 1542 that is capable of conversion into a visual image that has been 1543 transmitted by any means, whether stored in a permanent or 1544 nonpermanent format. 1545 (2)(a) It is unlawful for a person to possess, with the 1546 intent to promote, child pornography. The possession of three or 1547 more visual depictions of child pornography is prima facie 1548 evidence of an intent to promote. A person who violates this 1549 paragraph commits a felony of the second degree, punishable as 1550 provided in s. 775.082, s. 775.083, or s. 775.084. 1551 (b) It is unlawful for a person to knowingly possess, 1552 control, or intentionally view child pornography. The 1553 possession, control, or intentional viewing of each visual 1554 depiction of child pornography is a separate offense. If the 1555 visual depiction includes sexual conduct by more than one minor, 1556 each minor in each visual depiction that is knowingly possessed, 1557 controlled, or intentionally viewed is a separate offense. A 1558 person who violates this paragraph commits a felony of the third 1559 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1560 775.084. 1561 (c) This subsection does not apply to child pornography 1562 possessed, controlled, or intentionally viewed as part of a law 1563 enforcement investigation. 1564 (d) Prosecution of a person for an offense under this 1565 subsection does not prohibit prosecution of that person in this 1566 state for a violation of any law of this state, including a law 1567 providing for greater penalties than prescribed in this section 1568 or for any other crime punishing the sexual performance or 1569 sexual exploitation of children. 1570 (3)(a)(2)Notwithstanding ss. 847.012 and 847.0133, aany1571 person in this state who knew or reasonably should have known 1572 that he or she was transmitting child pornography, as defined in1573s. 847.001,to another person in this state or in another 1574 jurisdiction commits a felony of the third degree, punishable as 1575 provided in s. 775.082, s. 775.083, or s. 775.084. 1576 (b)(3)Notwithstanding ss. 847.012 and 847.0133, aany1577 person in any jurisdiction other than this state who knew or 1578 reasonably should have known that he or she was transmitting 1579 child pornography, as defined in s. 847.001,to anotherany1580 person in this state commits a felony of the third degree, 1581 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1582 (c)(4)This subsection doessection shallnotbe construed1583toprohibit prosecution of a person in this state or another 1584 jurisdiction for a violation of any law of this state, including 1585 a law providing for greater penalties than prescribed in this 1586 subsectionsection, for the transmission of child pornography,1587as defined in s. 847.001,to anotheranyperson in this state. 1588 (d)(5)A person is subject to prosecution in this state 1589 pursuant to chapter 910 for any act or conduct proscribed by 1590 this subsectionsection, including a person in a jurisdiction 1591 other than this state, if the act or conduct violates paragraph 1592 (b)subsection (3). 1593 (e) This subsection doesThe provisions of this section do1594 not apply to subscription-based transmissions such as list 1595 servers. 1596 Section 35. Subsection (1) of section 856.022, Florida 1597 Statutes, is amended to read: 1598 856.022 Loitering or prowling by certain offenders in close 1599 proximity to children; penalty.— 1600 (1) Except as provided in subsection (2), this section 1601 applies to a person convicted of committing, or attempting, 1602 soliciting, or conspiring to commit, any of the criminal 1603 offenses proscribed in the following statutes in this state or 1604 similar offenses in another jurisdiction against a victim who 1605 was under 18 years of age at the time of the offense: s. 787.01, 1606 s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 1607 787.06(3)(g); s. 794.011, excluding s. 794.011(10); s. 794.05; 1608 former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; 1609 former s. 827.071; s. 847.003; s. 847.0133; s. 847.0135, 1610 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; 1611 s. 985.701(1); or any similar offense committed in this state 1612 which has been redesignated from a former statute number to one 1613 of those listed in this subsection, if the person has not 1614 received a pardon for any felony or similar law of another 1615 jurisdiction necessary for the operation of this subsection and 1616 a conviction of a felony or similar law of another jurisdiction 1617 necessary for the operation of this subsection has not been set 1618 aside in any postconviction proceeding. 1619 Section 36. Paragraph (a) of subsection (8) of section 1620 895.02, Florida Statutes, is amended to read: 1621 895.02 Definitions.—As used in ss. 895.01-895.08, the term: 1622 (8) “Racketeering activity” means to commit, to attempt to 1623 commit, to conspire to commit, or to solicit, coerce, or 1624 intimidate another person to commit: 1625 (a) Any crime that is chargeable by petition, indictment, 1626 or information under the following provisions of the Florida 1627 Statutes: 1628 1. Section 210.18, relating to evasion of payment of 1629 cigarette taxes. 1630 2. Section 316.1935, relating to fleeing or attempting to 1631 elude a law enforcement officer and aggravated fleeing or 1632 eluding. 1633 3. Section 403.727(3)(b), relating to environmental 1634 control. 1635 4. Section 409.920 or s. 409.9201, relating to Medicaid 1636 fraud. 1637 5. Section 414.39, relating to public assistance fraud. 1638 6. Section 440.105 or s. 440.106, relating to workers’ 1639 compensation. 1640 7. Section 443.071(4), relating to creation of a fictitious 1641 employer scheme to commit reemployment assistance fraud. 1642 8. Section 465.0161, relating to distribution of medicinal 1643 drugs without a permit as an Internet pharmacy. 1644 9. Section 499.0051, relating to crimes involving 1645 contraband, adulterated, or misbranded drugs. 1646 10. Part IV of chapter 501, relating to telemarketing. 1647 11. Chapter 517, relating to sale of securities and 1648 investor protection. 1649 12. Section 550.235 or s. 550.3551, relating to dogracing 1650 and horseracing. 1651 13. Chapter 550, relating to jai alai frontons. 1652 14. Section 551.109, relating to slot machine gaming. 1653 15. Chapter 552, relating to the manufacture, distribution, 1654 and use of explosives. 1655 16. Chapter 560, relating to money transmitters, if the 1656 violation is punishable as a felony. 1657 17. Chapter 562, relating to beverage law enforcement. 1658 18. Section 624.401, relating to transacting insurance 1659 without a certificate of authority, s. 624.437(4)(c)1., relating 1660 to operating an unauthorized multiple-employer welfare 1661 arrangement, or s. 626.902(1)(b), relating to representing or 1662 aiding an unauthorized insurer. 1663 19. Section 655.50, relating to reports of currency 1664 transactions, when such violation is punishable as a felony. 1665 20. Chapter 687, relating to interest and usurious 1666 practices. 1667 21. Section 721.08, s. 721.09, or s. 721.13, relating to 1668 real estate timeshare plans. 1669 22. Section 775.13(5)(b), relating to registration of 1670 persons found to have committed any offense for the purpose of 1671 benefiting, promoting, or furthering the interests of a criminal 1672 gang. 1673 23. Section 777.03, relating to commission of crimes by 1674 accessories after the fact. 1675 24. Chapter 782, relating to homicide. 1676 25. Chapter 784, relating to assault and battery. 1677 26. Chapter 787, relating to kidnapping or human 1678 trafficking. 1679 27. Chapter 790, relating to weapons and firearms. 1680 28. Chapter 794, relating to sexual battery, but only if 1681 such crime was committed with the intent to benefit, promote, or 1682 further the interests of a criminal gang, or for the purpose of 1683 increasing a criminal gang member’s own standing or position 1684 within a criminal gang. 1685 29. Former s. 796.03, former s. 796.035, s. 796.04, s. 1686 796.05, or s. 796.07, relating to prostitution. 1687 30. Chapter 806, relating to arson and criminal mischief. 1688 31. Chapter 810, relating to burglary and trespass. 1689 32. Chapter 812, relating to theft, robbery, and related 1690 crimes. 1691 33. Chapter 815, relating to computer-related crimes. 1692 34. Chapter 817, relating to fraudulent practices, false 1693 pretenses, fraud generally, credit card crimes, and patient 1694 brokering. 1695 35. Chapter 825, relating to abuse, neglect, or 1696 exploitation of an elderly person or disabled adult. 1697 36. Former s.Section827.071, relating to commercial 1698 sexual exploitation of children. 1699 37. Section 828.122, relating to fighting or baiting 1700 animals. 1701 38. Chapter 831, relating to forgery and counterfeiting. 1702 39. Chapter 832, relating to issuance of worthless checks 1703 and drafts. 1704 40. Section 836.05, relating to extortion. 1705 41. Chapter 837, relating to perjury. 1706 42. Chapter 838, relating to bribery and misuse of public 1707 office. 1708 43. Chapter 843, relating to obstruction of justice. 1709 44. Section 847.003, relating to sexual performance by a 1710 child. 1711 45.44.Section 847.011, s. 847.012, s. 847.013, s. 847.06, 1712 or s. 847.07, relating to obscene literature and profanity. 1713 46.45.Chapter 849, relating to gambling, lottery, gambling 1714 or gaming devices, slot machines, or any of the provisions 1715 within that chapter. 1716 47.46.Chapter 874, relating to criminal gangs. 1717 48.47.Chapter 893, relating to drug abuse prevention and 1718 control. 1719 49.48.Chapter 896, relating to offenses related to 1720 financial transactions. 1721 50.49.Sections 914.22 and 914.23, relating to tampering 1722 with or harassing a witness, victim, or informant, and 1723 retaliation against a witness, victim, or informant. 1724 51.50.Sections 918.12 and 918.13, relating to tampering 1725 with jurors and evidence. 1726 Section 37. Section 905.34, Florida Statutes, is amended to 1727 read: 1728 905.34 Powers and duties; law applicable.—The jurisdiction 1729 of a statewide grand jury impaneled under this chapter shall 1730 extend throughout the state. The subject matter jurisdiction of 1731 the statewide grand jury shall be limited to the offenses of: 1732 (1) Bribery, burglary, carjacking, home-invasion robbery, 1733 criminal usury, extortion, gambling, kidnapping, larceny, 1734 murder, prostitution, perjury, and robbery; 1735 (2) Crimes involving narcotic or other dangerous drugs; 1736 (3) Any violation of the provisions of the Florida RICO 1737 (Racketeer Influenced and Corrupt Organization) Act, including 1738 any offense listed in the definition of racketeering activity in 1739 s. 895.02(8)(a), providing such listed offense is investigated 1740 in connection with a violation of s. 895.03 and is charged in a 1741 separate count of an information or indictment containing a 1742 count charging a violation of s. 895.03, the prosecution of 1743 which listed offense may continue independently if the 1744 prosecution of the violation of s. 895.03 is terminated for any 1745 reason; 1746 (4) Any violation of the provisions of the Florida Anti 1747 Fencing Act; 1748 (5) Any violation of the provisions of the Florida 1749 Antitrust Act of 1980, as amended; 1750 (6) Any violation of the provisions of chapter 815; 1751 (7) Any crime involving, or resulting in, fraud or deceit 1752 upon any person; 1753 (8) Any violation of s. 847.003, s. 847.0135, s. 847.0137, 1754 or s. 847.0138 relating to computer pornography and child 1755 exploitation prevention, or any offense related to a violation 1756 of s. 847.003, s. 847.0135, s. 847.0137, or s. 847.0138 or any 1757 violation of former s. 827.071chapter 827where the crime is 1758 facilitated by or connected to the use of the Internet or any 1759 device capable of electronic data storage or transmission; 1760 (9) Any criminal violation of part I of chapter 499; 1761 (10) Any criminal violation of s. 409.920 or s. 409.9201; 1762 (11) Any criminal violation of the Florida Money Laundering 1763 Act; 1764 (12) Any criminal violation of the Florida Securities and 1765 Investor Protection Act; or 1766 (13) Any violation of chapter 787, as well as any and all 1767 offenses related to a violation of chapter 787; 1768 1769 or any attempt, solicitation, or conspiracy to commit any 1770 violation of the crimes specifically enumerated above, when any 1771 such offense is occurring, or has occurred, in two or more 1772 judicial circuits as part of a related transaction or when any 1773 such offense is connected with an organized criminal conspiracy 1774 affecting two or more judicial circuits. The statewide grand 1775 jury may return indictments and presentments irrespective of the 1776 county or judicial circuit where the offense is committed or 1777 triable. If an indictment is returned, it shall be certified and 1778 transferred for trial to the county where the offense was 1779 committed. The powers and duties of, and law applicable to, 1780 county grand juries shall apply to a statewide grand jury except 1781 when such powers, duties, and law are inconsistent with the 1782 provisions of ss. 905.31-905.40. 1783 Section 38. Paragraph (a) of subsection (1) of section 1784 934.07, Florida Statutes, is amended to read: 1785 934.07 Authorization for interception of wire, oral, or 1786 electronic communications.— 1787 (1) The Governor, the Attorney General, the statewide 1788 prosecutor, or any state attorney may authorize an application 1789 to a judge of competent jurisdiction for, and such judge may 1790 grant in conformity with ss. 934.03-934.09 an order authorizing 1791 or approving the interception of, wire, oral, or electronic 1792 communications by: 1793 (a) The Department of Law Enforcement or any law 1794 enforcement agency as defined in s. 934.02 having responsibility 1795 for the investigation of the offense as to which the application 1796 is made when such interception may provide or has provided 1797 evidence of the commission of the offense of murder, kidnapping, 1798 aircraft piracy, arson, gambling, robbery, burglary, theft, 1799 dealing in stolen property, criminal usury, bribery, or 1800 extortion; any felony violation of ss. 790.161-790.166, 1801 inclusive; any violation of s. 787.06; any violation of chapter 1802 893; any violation of the provisions of the Florida Anti-Fencing 1803 Act; any violation of chapter 895; any violation of chapter 896; 1804 any violation of chapter 815; any violation of chapter 847; any 1805 violation of former s. 827.071; any violation of s. 944.40; or 1806 any conspiracy or solicitation to commit any violation of the 1807 laws of this state relating to the crimes specifically 1808 enumerated in this paragraph. 1809 Section 39. Section 938.085, Florida Statutes, is amended 1810 to read: 1811 938.085 Additional cost to fund rape crisis centers.—In 1812 addition to any sanction imposed when a person pleads guilty or 1813 nolo contendere to, or is found guilty of, regardless of 1814 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and 1815 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045; 1816 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 1817 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s. 1818 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 1819 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 1820 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 1821 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; former 1822 s. 827.071; s. 836.10; s. 847.003; s. 847.0133; s. 847.0135 1823847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), 1824 (8), (9)(a), (13), and (14)(c); or s. 985.701(1), the court 1825 shall impose a surcharge of $151. Payment of the surcharge shall 1826 be a condition of probation, community control, or any other 1827 court-ordered supervision. The sum of $150 of the surcharge 1828 shall be deposited into the Rape Crisis Program Trust Fund 1829 established within the Department of Health by chapter 2003-140, 1830 Laws of Florida. The clerk of the court shall retain $1 of each 1831 surcharge that the clerk of the court collects as a service 1832 charge of the clerk’s office. 1833 Section 40. Subsection (1) of section 938.10, Florida 1834 Statutes, is amended to read: 1835 938.10 Additional court cost imposed in cases of certain 1836 crimes.— 1837 (1) If a person pleads guilty or nolo contendere to, or is 1838 found guilty of, regardless of adjudication, any offense against 1839 a minor in violation of s. 784.085, chapter 787, chapter 794, 1840 former s. 796.03, former s. 796.035, s. 800.04, chapter 827, 1841 former s. 827.071, s. 847.003, s. 847.012, s. 847.0133, s. 1842 847.0135847.0135(5), s. 847.0137, s. 847.0138, s. 847.0145, s. 1843 893.147(3), or s. 985.701, or any offense in violation of s. 1844 775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the 1845 court shall impose a court cost of $151 against the offender in 1846 addition to any other cost or penalty required by law. 1847 Section 41. Paragraph (h) of subsection (1) of section 1848 943.0435, Florida Statutes, is amended to read: 1849 943.0435 Sexual offenders required to register with the 1850 department; penalty.— 1851 (1) As used in this section, the term: 1852 (h)1. “Sexual offender” means a person who meets the 1853 criteria in sub-subparagraph a., sub-subparagraph b., sub 1854 subparagraph c., or sub-subparagraph d., as follows: 1855 a.(I) Has been convicted of committing, or attempting, 1856 soliciting, or conspiring to commit, any of the criminal 1857 offenses proscribed in the following statutes in this state or 1858 similar offenses in another jurisdiction: s. 393.135(2); s. 1859 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 1860 the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former 1861 s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 1862 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 1863 810.145(8); s. 825.1025; former s. 827.071; s. 847.003; s. 1864 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 1865 847.0138; s. 847.0145; s. 895.03, if the court makes a written 1866 finding that the racketeering activity involved at least one 1867 sexual offense listed in this sub-sub-subparagraph or at least 1868 one offense listed in this sub-sub-subparagraph with sexual 1869 intent or motive; s. 916.1075(2); or s. 985.701(1); or any 1870 similar offense committed in this state which has been 1871 redesignated from a former statute number to one of those listed 1872 in this sub-sub-subparagraph; and 1873 (II) Has been released on or after October 1, 1997, from 1874 the sanction imposed for any conviction of an offense described 1875 in sub-sub-subparagraph (I). For purposes of sub-sub 1876 subparagraph (I), a sanction imposed in this state or in any 1877 other jurisdiction includes, but is not limited to, a fine, 1878 probation, community control, parole, conditional release, 1879 control release, or incarceration in a state prison, federal 1880 prison, private correctional facility, or local detention 1881 facility; 1882 b. Establishes or maintains a residence in this state and 1883 who has not been designated as a sexual predator by a court of 1884 this state but who has been designated as a sexual predator, as 1885 a sexually violent predator, or by another sexual offender 1886 designation in another state or jurisdiction and was, as a 1887 result of such designation, subjected to registration or 1888 community or public notification, or both, or would be if the 1889 person were a resident of that state or jurisdiction, without 1890 regard to whether the person otherwise meets the criteria for 1891 registration as a sexual offender; 1892 c. Establishes or maintains a residence in this state who 1893 is in the custody or control of, or under the supervision of, 1894 any other state or jurisdiction as a result of a conviction for 1895 committing, or attempting, soliciting, or conspiring to commit, 1896 any of the criminal offenses proscribed in the following 1897 statutes or similar offense in another jurisdiction: s. 1898 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 1899 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 1900 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 1901 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 1902 s. 800.04; s. 810.145(8); s. 825.1025; former s. 827.071; s. 1903 847.003; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 1904 847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court 1905 makes a written finding that the racketeering activity involved 1906 at least one sexual offense listed in this sub-subparagraph or 1907 at least one offense listed in this sub-subparagraph with sexual 1908 intent or motive; s. 916.1075(2); or s. 985.701(1); or any 1909 similar offense committed in this state which has been 1910 redesignated from a former statute number to one of those listed 1911 in this sub-subparagraph; or 1912 d. On or after July 1, 2007, has been adjudicated 1913 delinquent for committing, or attempting, soliciting, or 1914 conspiring to commit, any of the criminal offenses proscribed in 1915 the following statutes in this state or similar offenses in 1916 another jurisdiction when the juvenile was 14 years of age or 1917 older at the time of the offense: 1918 (I) Section 794.011, excluding s. 794.011(10); 1919 (II) Section 800.04(4)(a)2. where the victim is under 12 1920 years of age or where the court finds sexual activity by the use 1921 of force or coercion; 1922 (III) Section 800.04(5)(c)1. where the court finds 1923 molestation involving unclothed genitals; 1924 (IV) Section 800.04(5)(d) where the court finds the use of 1925 force or coercion and unclothed genitals; or 1926 (V) Any similar offense committed in this state which has 1927 been redesignated from a former statute number to one of those 1928 listed in this sub-subparagraph. 1929 2. For all qualifying offenses listed in sub-subparagraph 1930 1.d., the court shall make a written finding of the age of the 1931 offender at the time of the offense. 1932 1933 For each violation of a qualifying offense listed in this 1934 subsection, except for a violation of s. 794.011, the court 1935 shall make a written finding of the age of the victim at the 1936 time of the offense. For a violation of s. 800.04(4), the court 1937 shall also make a written finding indicating whether the offense 1938 involved sexual activity and indicating whether the offense 1939 involved force or coercion. For a violation of s. 800.04(5), the 1940 court shall also make a written finding that the offense did or 1941 did not involve unclothed genitals or genital area and that the 1942 offense did or did not involve the use of force or coercion. 1943 Section 42. Paragraph (a) of subsection (1) and subsection 1944 (3) of section 943.04354, Florida Statutes, are amended to read: 1945 943.04354 Removal of the requirement to register as a 1946 sexual offender or sexual predator in special circumstances.— 1947 (1) For purposes of this section, a person shall be 1948 considered for removal of the requirement to register as a 1949 sexual offender or sexual predator only if the person: 1950 (a) Was convicted, regardless of adjudication, or 1951 adjudicated delinquent of a violation of s. 800.04, former s. 1952 827.071, s. 847.003,ors. 847.0135(5), or s. 847.0137(2) or of 1953 a similar offense in another jurisdiction and if the person does 1954 not have any other conviction, regardless of adjudication, or 1955 adjudication of delinquency for a violation of s. 794.011, s. 1956 800.04, former s. 827.071, s. 847.003,ors. 847.0135(5), or s. 1957 847.0137(2) or for a similar offense in another jurisdiction; 1958 (3) If a person provides to the Department of Law 1959 Enforcement a certified copy of the court’s order removing the 1960 requirement that the person register as a sexual offender or 1961 sexual predator for the violation of s. 794.011, s. 800.04, 1962 former s. 827.071, s. 847.003,ors. 847.0135(5), or s. 1963 847.0137(2) or a similar offense in another jurisdiction, the 1964 registration requirement will not apply to the person and the 1965 department shall remove all information about the person from 1966 the public registry of sexual offenders and sexual predators 1967 maintained by the department. However, the removal of this 1968 information from the public registry does not mean that the 1969 public is denied access to information about the person’s 1970 criminal history or record that is otherwise available as a 1971 public record. 1972 Section 43. Section 943.0585, Florida Statutes, is amended 1973 to read: 1974 943.0585 Court-ordered expunction of criminal history 1975 records.—The courts of this state have jurisdiction over their 1976 own procedures, including the maintenance, expunction, and 1977 correction of judicial records containing criminal history 1978 information to the extent such procedures are not inconsistent 1979 with the conditions, responsibilities, and duties established by 1980 this section. Any court of competent jurisdiction may order a 1981 criminal justice agency to expunge the criminal history record 1982 of a minor or an adult who complies with the requirements of 1983 this section. The court shall not order a criminal justice 1984 agency to expunge a criminal history record until the person 1985 seeking to expunge a criminal history record has applied for and 1986 received a certificate of eligibility for expunction pursuant to 1987 subsection (2) or subsection (5). A criminal history record that 1988 relates to a violation of s. 393.135, s. 394.4593, s. 787.025, 1989 chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034, 1990 s. 825.1025, former s. 827.071, chapter 839, s. 847.003, s. 1991 847.0133, s. 847.0135, s. 847.0137(2), s. 847.0145, s. 893.135, 1992 s. 916.1075, a violation enumerated in s. 907.041, or any 1993 violation specified as a predicate offense for registration as a 1994 sexual predator pursuant to s. 775.21, without regard to whether 1995 that offense alone is sufficient to require such registration, 1996 or for registration as a sexual offender pursuant to s. 1997 943.0435, may not be expunged, without regard to whether 1998 adjudication was withheld, if the defendant was found guilty of 1999 or pled guilty or nolo contendere to the offense, or if the 2000 defendant, as a minor, was found to have committed, or pled 2001 guilty or nolo contendere to committing, the offense as a 2002 delinquent act. The court may only order expunction of a 2003 criminal history record pertaining to one arrest or one incident 2004 of alleged criminal activity, except as provided in this 2005 section. The court may, at its sole discretion, order the 2006 expunction of a criminal history record pertaining to more than 2007 one arrest if the additional arrests directly relate to the 2008 original arrest. If the court intends to order the expunction of 2009 records pertaining to such additional arrests, such intent must 2010 be specified in the order. A criminal justice agency may not 2011 expunge any record pertaining to such additional arrests if the 2012 order to expunge does not articulate the intention of the court 2013 to expunge a record pertaining to more than one arrest. This 2014 section does not prevent the court from ordering the expunction 2015 of only a portion of a criminal history record pertaining to one 2016 arrest or one incident of alleged criminal activity. 2017 Notwithstanding any law to the contrary, a criminal justice 2018 agency may comply with laws, court orders, and official requests 2019 of other jurisdictions relating to expunction, correction, or 2020 confidential handling of criminal history records or information 2021 derived therefrom. This section does not confer any right to the 2022 expunction of any criminal history record, and any request for 2023 expunction of a criminal history record may be denied at the 2024 sole discretion of the court. 2025 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each 2026 petition to a court to expunge a criminal history record is 2027 complete only when accompanied by: 2028 (a) A valid certificate of eligibility for expunction 2029 issued by the department pursuant to subsection (2). 2030 (b) The petitioner’s sworn statement attesting that the 2031 petitioner: 2032 1. Has never, prior to the date on which the petition is 2033 filed, been adjudicated guilty of a criminal offense or 2034 comparable ordinance violation, or been adjudicated delinquent 2035 for committing any felony or a misdemeanor specified in s. 2036 943.051(3)(b). 2037 2. Has not been adjudicated guilty of, or adjudicated 2038 delinquent for committing, any of the acts stemming from the 2039 arrest or alleged criminal activity to which the petition 2040 pertains. 2041 3. Has never secured a prior sealing or expunction of a 2042 criminal history record under this section, s. 943.059, former 2043 s. 893.14, former s. 901.33, or former s. 943.058, unless 2044 expunction is sought of a criminal history record previously 2045 sealed for 10 years pursuant to paragraph (2)(h) and the record 2046 is otherwise eligible for expunction. 2047 4. Is eligible for such an expunction to the best of his or 2048 her knowledge or belief and does not have any other petition to 2049 expunge or any petition to seal pending before any court. 2050 2051 Any person who knowingly provides false information on such 2052 sworn statement to the court commits a felony of the third 2053 degree, punishable as provided in s. 775.082, s. 775.083, or s. 2054 775.084. 2055 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to 2056 petitioning the court to expunge a criminal history record, a 2057 person seeking to expunge a criminal history record shall apply 2058 to the department for a certificate of eligibility for 2059 expunction. The department shall, by rule adopted pursuant to 2060 chapter 120, establish procedures pertaining to the application 2061 for and issuance of certificates of eligibility for expunction. 2062 A certificate of eligibility for expunction is valid for 12 2063 months after the date stamped on the certificate when issued by 2064 the department. After that time, the petitioner must reapply to 2065 the department for a new certificate of eligibility. Eligibility 2066 for a renewed certification of eligibility must be based on the 2067 status of the applicant and the law in effect at the time of the 2068 renewal application. The department shall issue a certificate of 2069 eligibility for expunction to a person who is the subject of a 2070 criminal history record if that person: 2071 (a) Has obtained, and submitted to the department, a 2072 written, certified statement from the appropriate state attorney 2073 or statewide prosecutor which indicates: 2074 1. That an indictment, information, or other charging 2075 document was not filed or issued in the case. 2076 2. That an indictment, information, or other charging 2077 document, if filed or issued in the case, was dismissed or nolle 2078 prosequi by the state attorney or statewide prosecutor, or was 2079 dismissed by a court of competent jurisdiction, and that none of 2080 the charges related to the arrest or alleged criminal activity 2081 to which the petition to expunge pertains resulted in a trial, 2082 without regard to whether the outcome of the trial was other 2083 than an adjudication of guilt. 2084 3. That the criminal history record does not relate to a 2085 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, 2086 former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, 2087 former s. 827.071, chapter 839, s. 847.003, s. 847.0133, s. 2088 847.0135, s. 847.0137(2), s. 847.0145, s. 893.135, s. 916.1075, 2089 a violation enumerated in s. 907.041, or any violation specified 2090 as a predicate offense for registration as a sexual predator 2091 pursuant to s. 775.21, without regard to whether that offense 2092 alone is sufficient to require such registration, or for 2093 registration as a sexual offender pursuant to s. 943.0435, where 2094 the defendant was found guilty of, or pled guilty or nolo 2095 contendere to any such offense, or that the defendant, as a 2096 minor, was found to have committed, or pled guilty or nolo 2097 contendere to committing, such an offense as a delinquent act, 2098 without regard to whether adjudication was withheld. 2099 (b) Remits a $75 processing fee to the department for 2100 placement in the Department of Law Enforcement Operating Trust 2101 Fund, unless such fee is waived by the executive director. 2102 (c) Has submitted to the department a certified copy of the 2103 disposition of the charge to which the petition to expunge 2104 pertains. 2105 (d) Has never, prior to the date on which the application 2106 for a certificate of eligibility is filed, been adjudicated 2107 guilty of a criminal offense or comparable ordinance violation, 2108 or been adjudicated delinquent for committing any felony or a 2109 misdemeanor specified in s. 943.051(3)(b). 2110 (e) Has not been adjudicated guilty of, or adjudicated 2111 delinquent for committing, any of the acts stemming from the 2112 arrest or alleged criminal activity to which the petition to 2113 expunge pertains. 2114 (f) Has never secured a prior sealing or expunction of a 2115 criminal history record under this section, s. 943.059, former 2116 s. 893.14, former s. 901.33, or former s. 943.058, unless 2117 expunction is sought of a criminal history record previously 2118 sealed for 10 years pursuant to paragraph (h) and the record is 2119 otherwise eligible for expunction. 2120 (g) Is no longer under court supervision applicable to the 2121 disposition of the arrest or alleged criminal activity to which 2122 the petition to expunge pertains. 2123 (h) Has previously obtained a court order sealing the 2124 record under this section, former s. 893.14, former s. 901.33, 2125 or former s. 943.058 for a minimum of 10 years because 2126 adjudication was withheld or because all charges related to the 2127 arrest or alleged criminal activity to which the petition to 2128 expunge pertains were not dismissed prior to trial, without 2129 regard to whether the outcome of the trial was other than an 2130 adjudication of guilt. The requirement for the record to have 2131 previously been sealed for a minimum of 10 years does not apply 2132 when a plea was not entered or all charges related to the arrest 2133 or alleged criminal activity to which the petition to expunge 2134 pertains were dismissed prior to trial. 2135 (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.— 2136 (a) In judicial proceedings under this section, a copy of 2137 the completed petition to expunge shall be served upon the 2138 appropriate state attorney or the statewide prosecutor and upon 2139 the arresting agency; however, it is not necessary to make any 2140 agency other than the state a party. The appropriate state 2141 attorney or the statewide prosecutor and the arresting agency 2142 may respond to the court regarding the completed petition to 2143 expunge. 2144 (b) If relief is granted by the court, the clerk of the 2145 court shall certify copies of the order to the appropriate state 2146 attorney or the statewide prosecutor and the arresting agency. 2147 The arresting agency is responsible for forwarding the order to 2148 any other agency to which the arresting agency disseminated the 2149 criminal history record information to which the order pertains. 2150 The department shall forward the order to expunge to the Federal 2151 Bureau of Investigation. The clerk of the court shall certify a 2152 copy of the order to any other agency which the records of the 2153 court reflect has received the criminal history record from the 2154 court. 2155 (c) For an order to expunge entered by a court prior to 2156 July 1, 1992, the department shall notify the appropriate state 2157 attorney or statewide prosecutor of an order to expunge which is 2158 contrary to law because the person who is the subject of the 2159 record has previously been convicted of a crime or comparable 2160 ordinance violation or has had a prior criminal history record 2161 sealed or expunged. Upon receipt of such notice, the appropriate 2162 state attorney or statewide prosecutor shall take action, within 2163 60 days, to correct the record and petition the court to void 2164 the order to expunge. The department shall seal the record until 2165 such time as the order is voided by the court. 2166 (d) On or after July 1, 1992, the department or any other 2167 criminal justice agency is not required to act on an order to 2168 expunge entered by a court when such order does not comply with 2169 the requirements of this section. Upon receipt of such an order, 2170 the department must notify the issuing court, the appropriate 2171 state attorney or statewide prosecutor, the petitioner or the 2172 petitioner’s attorney, and the arresting agency of the reason 2173 for noncompliance. The appropriate state attorney or statewide 2174 prosecutor shall take action within 60 days to correct the 2175 record and petition the court to void the order. No cause of 2176 action, including contempt of court, shall arise against any 2177 criminal justice agency for failure to comply with an order to 2178 expunge when the petitioner for such order failed to obtain the 2179 certificate of eligibility as required by this section or such 2180 order does not otherwise comply with the requirements of this 2181 section. 2182 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any 2183 criminal history record of a minor or an adult which is ordered 2184 expunged by a court of competent jurisdiction pursuant to this 2185 section must be physically destroyed or obliterated by any 2186 criminal justice agency having custody of such record; except 2187 that any criminal history record in the custody of the 2188 department must be retained in all cases. A criminal history 2189 record ordered expunged that is retained by the department is 2190 confidential and exempt from the provisions of s. 119.07(1) and 2191 s. 24(a), Art. I of the State Constitution and not available to 2192 any person or entity except upon order of a court of competent 2193 jurisdiction. A criminal justice agency may retain a notation 2194 indicating compliance with an order to expunge. 2195 (a) The person who is the subject of a criminal history 2196 record that is expunged under this section or under other 2197 provisions of law, including former s. 893.14, former s. 901.33, 2198 and former s. 943.058, may lawfully deny or fail to acknowledge 2199 the arrests covered by the expunged record, except when the 2200 subject of the record: 2201 1. Is a candidate for employment with a criminal justice 2202 agency; 2203 2. Is a defendant in a criminal prosecution; 2204 3. Concurrently or subsequently petitions for relief under 2205 this section, s. 943.0583, or s. 943.059; 2206 4. Is a candidate for admission to The Florida Bar; 2207 5. Is seeking to be employed or licensed by or to contract 2208 with the Department of Children and Families, the Division of 2209 Vocational Rehabilitation within the Department of Education, 2210 the Agency for Health Care Administration, the Agency for 2211 Persons with Disabilities, the Department of Health, the 2212 Department of Elderly Affairs, or the Department of Juvenile 2213 Justice or to be employed or used by such contractor or licensee 2214 in a sensitive position having direct contact with children, the 2215 disabled, or the elderly; 2216 6. Is seeking to be employed or licensed by the Department 2217 of Education, any district school board, any university 2218 laboratory school, any charter school, any private or parochial 2219 school, or any local governmental entity that licenses child 2220 care facilities; 2221 7. Is seeking to be licensed by the Division of Insurance 2222 Agent and Agency Services within the Department of Financial 2223 Services; or 2224 8. Is seeking to be appointed as a guardian pursuant to s. 2225 744.3125. 2226 (b) Subject to the exceptions in paragraph (a), a person 2227 who has been granted an expunction under this section, former s. 2228 893.14, former s. 901.33, or former s. 943.058 may not be held 2229 under any provision of law of this state to commit perjury or to 2230 be otherwise liable for giving a false statement by reason of 2231 such person’s failure to recite or acknowledge an expunged 2232 criminal history record. 2233 (c) Information relating to the existence of an expunged 2234 criminal history record which is provided in accordance with 2235 paragraph (a) is confidential and exempt from the provisions of 2236 s. 119.07(1) and s. 24(a), Art. I of the State Constitution, 2237 except that the department shall disclose the existence of a 2238 criminal history record ordered expunged to the entities set 2239 forth in subparagraphs (a)1., 4., 5., 6., 7., and 8. for their 2240 respective licensing, access authorization, and employment 2241 purposes, and to criminal justice agencies for their respective 2242 criminal justice purposes. It is unlawful for any employee of an 2243 entity set forth in subparagraph (a)1., subparagraph (a)4., 2244 subparagraph (a)5., subparagraph (a)6., subparagraph (a)7., or 2245 subparagraph (a)8. to disclose information relating to the 2246 existence of an expunged criminal history record of a person 2247 seeking employment, access authorization, or licensure with such 2248 entity or contractor, except to the person to whom the criminal 2249 history record relates or to persons having direct 2250 responsibility for employment, access authorization, or 2251 licensure decisions. Any person who violates this paragraph 2252 commits a misdemeanor of the first degree, punishable as 2253 provided in s. 775.082 or s. 775.083. 2254 (5) EXCEPTION FOR LAWFUL SELF-DEFENSE.—Notwithstanding the 2255 eligibility requirements prescribed in paragraph (1)(b) and 2256 subsection (2), the department shall issue a certificate of 2257 eligibility for expunction under this subsection to a person who 2258 is the subject of a criminal history record if that person: 2259 (a) Has obtained, and submitted to the department, on a 2260 form provided by the department, a written, certified statement 2261 from the appropriate state attorney or statewide prosecutor 2262 which states whether an information, indictment, or other 2263 charging document was not filed or was dismissed by the state 2264 attorney, or dismissed by the court, because it was found that 2265 the person acted in lawful self-defense pursuant to the 2266 provisions related to justifiable use of force in chapter 776. 2267 (b) Each petition to a court to expunge a criminal history 2268 record pursuant to this subsection is complete only when 2269 accompanied by: 2270 1. A valid certificate of eligibility for expunction issued 2271 by the department pursuant to this subsection. 2272 2. The petitioner’s sworn statement attesting that the 2273 petitioner is eligible for such an expunction to the best of his 2274 or her knowledge or belief. 2275 2276 Any person who knowingly provides false information on such 2277 sworn statement to the court commits a felony of the third 2278 degree, punishable as provided in s. 775.082, s. 775.083, or s. 2279 775.084. 2280 (c) This subsection does not confer any right to the 2281 expunction of a criminal history record, and any request for 2282 expunction of a criminal history record may be denied at the 2283 discretion of the court. 2284 (d) Subsections (3) and (4) shall apply to expunction 2285 ordered under this subsection. 2286 (e) The department shall, by rule adopted pursuant to 2287 chapter 120, establish procedures pertaining to the application 2288 for and issuance of certificates of eligibility for expunction 2289 under this subsection. 2290 (6) STATUTORY REFERENCES.—Any reference to any other 2291 chapter, section, or subdivision of the Florida Statutes in this 2292 section constitutes a general reference under the doctrine of 2293 incorporation by reference. 2294 Section 44. Section 943.059, Florida Statutes, is amended 2295 to read: 2296 943.059 Court-ordered sealing of criminal history records. 2297 The courts of this state shall continue to have jurisdiction 2298 over their own procedures, including the maintenance, sealing, 2299 and correction of judicial records containing criminal history 2300 information to the extent such procedures are not inconsistent 2301 with the conditions, responsibilities, and duties established by 2302 this section. Any court of competent jurisdiction may order a 2303 criminal justice agency to seal the criminal history record of a 2304 minor or an adult who complies with the requirements of this 2305 section. The court shall not order a criminal justice agency to 2306 seal a criminal history record until the person seeking to seal 2307 a criminal history record has applied for and received a 2308 certificate of eligibility for sealing pursuant to subsection 2309 (2). A criminal history record that relates to a violation of s. 2310 393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03, 2311 s. 800.04, s. 810.14, s. 817.034, s. 825.1025, former s. 2312 827.071, chapter 839, s. 847.003, s. 847.0133, s. 847.0135, s. 2313 847.0137(2), s. 847.0145, s. 893.135, s. 916.1075, a violation 2314 enumerated in s. 907.041, or any violation specified as a 2315 predicate offense for registration as a sexual predator pursuant 2316 to s. 775.21, without regard to whether that offense alone is 2317 sufficient to require such registration, or for registration as 2318 a sexual offender pursuant to s. 943.0435, may not be sealed, 2319 without regard to whether adjudication was withheld, if the 2320 defendant was found guilty of or pled guilty or nolo contendere 2321 to the offense, or if the defendant, as a minor, was found to 2322 have committed or pled guilty or nolo contendere to committing 2323 the offense as a delinquent act. The court may only order 2324 sealing of a criminal history record pertaining to one arrest or 2325 one incident of alleged criminal activity, except as provided in 2326 this section. The court may, at its sole discretion, order the 2327 sealing of a criminal history record pertaining to more than one 2328 arrest if the additional arrests directly relate to the original 2329 arrest. If the court intends to order the sealing of records 2330 pertaining to such additional arrests, such intent must be 2331 specified in the order. A criminal justice agency may not seal 2332 any record pertaining to such additional arrests if the order to 2333 seal does not articulate the intention of the court to seal 2334 records pertaining to more than one arrest. This section does 2335 not prevent the court from ordering the sealing of only a 2336 portion of a criminal history record pertaining to one arrest or 2337 one incident of alleged criminal activity. Notwithstanding any 2338 law to the contrary, a criminal justice agency may comply with 2339 laws, court orders, and official requests of other jurisdictions 2340 relating to sealing, correction, or confidential handling of 2341 criminal history records or information derived therefrom. This 2342 section does not confer any right to the sealing of any criminal 2343 history record, and any request for sealing a criminal history 2344 record may be denied at the sole discretion of the court. 2345 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each 2346 petition to a court to seal a criminal history record is 2347 complete only when accompanied by: 2348 (a) A valid certificate of eligibility for sealing issued 2349 by the department pursuant to subsection (2). 2350 (b) The petitioner’s sworn statement attesting that the 2351 petitioner: 2352 1. Has never, prior to the date on which the petition is 2353 filed, been adjudicated guilty of a criminal offense or 2354 comparable ordinance violation, or been adjudicated delinquent 2355 for committing any felony or a misdemeanor specified in s. 2356 943.051(3)(b). 2357 2. Has not been adjudicated guilty of or adjudicated 2358 delinquent for committing any of the acts stemming from the 2359 arrest or alleged criminal activity to which the petition to 2360 seal pertains. 2361 3. Has never secured a prior sealing or expunction of a 2362 criminal history record under this section, s. 943.0585, former 2363 s. 893.14, former s. 901.33, or former s. 943.058. 2364 4. Is eligible for such a sealing to the best of his or her 2365 knowledge or belief and does not have any other petition to seal 2366 or any petition to expunge pending before any court. 2367 2368 Any person who knowingly provides false information on such 2369 sworn statement to the court commits a felony of the third 2370 degree, punishable as provided in s. 775.082, s. 775.083, or s. 2371 775.084. 2372 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to 2373 petitioning the court to seal a criminal history record, a 2374 person seeking to seal a criminal history record shall apply to 2375 the department for a certificate of eligibility for sealing. The 2376 department shall, by rule adopted pursuant to chapter 120, 2377 establish procedures pertaining to the application for and 2378 issuance of certificates of eligibility for sealing. A 2379 certificate of eligibility for sealing is valid for 12 months 2380 after the date stamped on the certificate when issued by the 2381 department. After that time, the petitioner must reapply to the 2382 department for a new certificate of eligibility. Eligibility for 2383 a renewed certification of eligibility must be based on the 2384 status of the applicant and the law in effect at the time of the 2385 renewal application. The department shall issue a certificate of 2386 eligibility for sealing to a person who is the subject of a 2387 criminal history record provided that such person: 2388 (a) Has submitted to the department a certified copy of the 2389 disposition of the charge to which the petition to seal 2390 pertains. 2391 (b) Remits a $75 processing fee to the department for 2392 placement in the Department of Law Enforcement Operating Trust 2393 Fund, unless such fee is waived by the executive director. 2394 (c) Has never, prior to the date on which the application 2395 for a certificate of eligibility is filed, been adjudicated 2396 guilty of a criminal offense or comparable ordinance violation, 2397 or been adjudicated delinquent for committing any felony or a 2398 misdemeanor specified in s. 943.051(3)(b). 2399 (d) Has not been adjudicated guilty of or adjudicated 2400 delinquent for committing any of the acts stemming from the 2401 arrest or alleged criminal activity to which the petition to 2402 seal pertains. 2403 (e) Has never secured a prior sealing or expunction of a 2404 criminal history record under this section, s. 943.0585, former 2405 s. 893.14, former s. 901.33, or former s. 943.058. 2406 (f) Is no longer under court supervision applicable to the 2407 disposition of the arrest or alleged criminal activity to which 2408 the petition to seal pertains. 2409 (3) PROCESSING OF A PETITION OR ORDER TO SEAL.— 2410 (a) In judicial proceedings under this section, a copy of 2411 the completed petition to seal shall be served upon the 2412 appropriate state attorney or the statewide prosecutor and upon 2413 the arresting agency; however, it is not necessary to make any 2414 agency other than the state a party. The appropriate state 2415 attorney or the statewide prosecutor and the arresting agency 2416 may respond to the court regarding the completed petition to 2417 seal. 2418 (b) If relief is granted by the court, the clerk of the 2419 court shall certify copies of the order to the appropriate state 2420 attorney or the statewide prosecutor and to the arresting 2421 agency. The arresting agency is responsible for forwarding the 2422 order to any other agency to which the arresting agency 2423 disseminated the criminal history record information to which 2424 the order pertains. The department shall forward the order to 2425 seal to the Federal Bureau of Investigation. The clerk of the 2426 court shall certify a copy of the order to any other agency 2427 which the records of the court reflect has received the criminal 2428 history record from the court. 2429 (c) For an order to seal entered by a court prior to July 2430 1, 1992, the department shall notify the appropriate state 2431 attorney or statewide prosecutor of any order to seal which is 2432 contrary to law because the person who is the subject of the 2433 record has previously been convicted of a crime or comparable 2434 ordinance violation or has had a prior criminal history record 2435 sealed or expunged. Upon receipt of such notice, the appropriate 2436 state attorney or statewide prosecutor shall take action, within 2437 60 days, to correct the record and petition the court to void 2438 the order to seal. The department shall seal the record until 2439 such time as the order is voided by the court. 2440 (d) On or after July 1, 1992, the department or any other 2441 criminal justice agency is not required to act on an order to 2442 seal entered by a court when such order does not comply with the 2443 requirements of this section. Upon receipt of such an order, the 2444 department must notify the issuing court, the appropriate state 2445 attorney or statewide prosecutor, the petitioner or the 2446 petitioner’s attorney, and the arresting agency of the reason 2447 for noncompliance. The appropriate state attorney or statewide 2448 prosecutor shall take action within 60 days to correct the 2449 record and petition the court to void the order. No cause of 2450 action, including contempt of court, shall arise against any 2451 criminal justice agency for failure to comply with an order to 2452 seal when the petitioner for such order failed to obtain the 2453 certificate of eligibility as required by this section or when 2454 such order does not comply with the requirements of this 2455 section. 2456 (e) An order sealing a criminal history record pursuant to 2457 this section does not require that such record be surrendered to 2458 the court, and such record shall continue to be maintained by 2459 the department and other criminal justice agencies. 2460 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal 2461 history record of a minor or an adult which is ordered sealed by 2462 a court pursuant to this section is confidential and exempt from 2463 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State 2464 Constitution and is available only to the person who is the 2465 subject of the record, to the subject’s attorney, to criminal 2466 justice agencies for their respective criminal justice purposes, 2467 which include conducting a criminal history background check for 2468 approval of firearms purchases or transfers as authorized by 2469 state or federal law, to judges in the state courts system for 2470 the purpose of assisting them in their case-related 2471 decisionmaking responsibilities, as set forth in s. 943.053(5), 2472 or to those entities set forth in subparagraphs (a)1., 4., 5., 2473 6., 8., 9., and 10. for their respective licensing, access 2474 authorization, and employment purposes. 2475 (a) The subject of a criminal history record sealed under 2476 this section or under other provisions of law, including former 2477 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully 2478 deny or fail to acknowledge the arrests covered by the sealed 2479 record, except when the subject of the record: 2480 1. Is a candidate for employment with a criminal justice 2481 agency; 2482 2. Is a defendant in a criminal prosecution; 2483 3. Concurrently or subsequently petitions for relief under 2484 this section, s. 943.0583, or s. 943.0585; 2485 4. Is a candidate for admission to The Florida Bar; 2486 5. Is seeking to be employed or licensed by or to contract 2487 with the Department of Children and Families, the Division of 2488 Vocational Rehabilitation within the Department of Education, 2489 the Agency for Health Care Administration, the Agency for 2490 Persons with Disabilities, the Department of Health, the 2491 Department of Elderly Affairs, or the Department of Juvenile 2492 Justice or to be employed or used by such contractor or licensee 2493 in a sensitive position having direct contact with children, the 2494 disabled, or the elderly; 2495 6. Is seeking to be employed or licensed by the Department 2496 of Education, a district school board, a university laboratory 2497 school, a charter school, a private or parochial school, or a 2498 local governmental entity that licenses child care facilities; 2499 7. Is attempting to purchase a firearm from a licensed 2500 importer, licensed manufacturer, or licensed dealer and is 2501 subject to a criminal history check under state or federal law; 2502 8. Is seeking to be licensed by the Division of Insurance 2503 Agent and Agency Services within the Department of Financial 2504 Services; 2505 9. Is seeking to be appointed as a guardian pursuant to s. 2506 744.3125; or 2507 10. Is seeking to be licensed by the Bureau of License 2508 Issuance of the Division of Licensing within the Department of 2509 Agriculture and Consumer Services to carry a concealed weapon or 2510 concealed firearm. This subparagraph applies only in the 2511 determination of an applicant’s eligibility under s. 790.06. 2512 (b) Subject to the exceptions in paragraph (a), a person 2513 who has been granted a sealing under this section, former s. 2514 893.14, former s. 901.33, or former s. 943.058 may not be held 2515 under any provision of law of this state to commit perjury or to 2516 be otherwise liable for giving a false statement by reason of 2517 such person’s failure to recite or acknowledge a sealed criminal 2518 history record. 2519 (c) Information relating to the existence of a sealed 2520 criminal record provided in accordance with the provisions of 2521 paragraph (a) is confidential and exempt from the provisions of 2522 s. 119.07(1) and s. 24(a), Art. I of the State Constitution, 2523 except that the department shall disclose the sealed criminal 2524 history record to the entities set forth in subparagraphs (a)1., 2525 4., 5., 6., 8., 9., and 10. for their respective licensing, 2526 access authorization, and employment purposes. An employee of an 2527 entity set forth in subparagraph (a)1., subparagraph (a)4., 2528 subparagraph (a)5., subparagraph (a)6., subparagraph (a)8., 2529 subparagraph (a)9., or subparagraph (a)10. may not disclose 2530 information relating to the existence of a sealed criminal 2531 history record of a person seeking employment, access 2532 authorization, or licensure with such entity or contractor, 2533 except to the person to whom the criminal history record relates 2534 or to persons having direct responsibility for employment, 2535 access authorization, or licensure decisions. A person who 2536 violates the provisions of this paragraph commits a misdemeanor 2537 of the first degree, punishable as provided in s. 775.082 or s. 2538 775.083. 2539 (5) STATUTORY REFERENCES.—Any reference to any other 2540 chapter, section, or subdivision of the Florida Statutes in this 2541 section constitutes a general reference under the doctrine of 2542 incorporation by reference. 2543 Section 45. Paragraph (f) of subsection (1) of section 2544 944.606, Florida Statutes, is amended to read: 2545 944.606 Sexual offenders; notification upon release.— 2546 (1) As used in this section, the term: 2547 (f) “Sexual offender” means a person who has been convicted 2548 of committing, or attempting, soliciting, or conspiring to 2549 commit, any of the criminal offenses proscribed in the following 2550 statutes in this state or similar offenses in another 2551 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s. 2552 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 2553 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 2554 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 2555 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; former 2556 s. 827.071; s. 847.003; s. 847.0133; s. 847.0135, excluding s. 2557 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, 2558 if the court makes a written finding that the racketeering 2559 activity involved at least one sexual offense listed in this 2560 paragraph or at least one offense listed in this paragraph with 2561 sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or 2562 any similar offense committed in this state which has been 2563 redesignated from a former statute number to one of those listed 2564 in this subsection, when the department has received verified 2565 information regarding such conviction; an offender’s 2566 computerized criminal history record is not, in and of itself, 2567 verified information. 2568 Section 46. Paragraph (f) of subsection (1) of section 2569 944.607, Florida Statutes, is amended to read: 2570 944.607 Notification to Department of Law Enforcement of 2571 information on sexual offenders.— 2572 (1) As used in this section, the term: 2573 (f) “Sexual offender” means a person who is in the custody 2574 or control of, or under the supervision of, the department or is 2575 in the custody of a private correctional facility: 2576 1. On or after October 1, 1997, as a result of a conviction 2577 for committing, or attempting, soliciting, or conspiring to 2578 commit, any of the criminal offenses proscribed in the following 2579 statutes in this state or similar offenses in another 2580 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s. 2581 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 2582 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 2583 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 2584 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; former 2585 s. 827.071; s. 847.003; s. 847.0133; s. 847.0135, excluding s. 2586 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, 2587 if the court makes a written finding that the racketeering 2588 activity involved at least one sexual offense listed in this 2589 subparagraph or at least one offense listed in this subparagraph 2590 with sexual intent or motive; s. 916.1075(2); or s. 985.701(1); 2591 or any similar offense committed in this state which has been 2592 redesignated from a former statute number to one of those listed 2593 in this paragraph; or 2594 2. Who establishes or maintains a residence in this state 2595 and who has not been designated as a sexual predator by a court 2596 of this state but who has been designated as a sexual predator, 2597 as a sexually violent predator, or by another sexual offender 2598 designation in another state or jurisdiction and was, as a 2599 result of such designation, subjected to registration or 2600 community or public notification, or both, or would be if the 2601 person were a resident of that state or jurisdiction, without 2602 regard as to whether the person otherwise meets the criteria for 2603 registration as a sexual offender. 2604 Section 47. Subsections (7), (10), and (14) of section 2605 947.1405, Florida Statutes, are amended, and subsection (15) is 2606 added to that section, to read: 2607 947.1405 Conditional release program.— 2608 (7)(a) Any inmate who is convicted of a crime committed on 2609 or after October 1, 1995, or who has been previously convicted 2610 of a crime committed on or after October 1, 1995, in violation 2611 of chapter 794, s. 800.04, former s. 827.071, s. 847.0135(5), or 2612 s. 847.0145, and is subject to conditional release supervision, 2613 shall have, in addition to any other conditions imposed, the 2614 following special conditions imposed by the commission: 2615 1. A mandatory curfew from 10 p.m. to 6 a.m. The commission 2616 may designate another 8-hour period if the offender’s employment 2617 precludes the above specified time, and such alternative is 2618 recommended by the Department of Corrections. If the commission 2619 determines that imposing a curfew would endanger the victim, the 2620 commission may consider alternative sanctions. 2621 2. If the victim was under the age of 18, a prohibition on 2622 living within 1,000 feet of a school, child care facility, park, 2623 playground, designated public school bus stop, or other place 2624 where children regularly congregate. A releasee who is subject 2625 to this subparagraph may not relocate to a residence that is 2626 within 1,000 feet of a public school bus stop. Beginning October 2627 1, 2004, the commission or the department may not approve a 2628 residence that is located within 1,000 feet of a school, child 2629 care facility, park, playground, designated school bus stop, or 2630 other place where children regularly congregate for any releasee 2631 who is subject to this subparagraph. On October 1, 2004, the 2632 department shall notify each affected school district of the 2633 location of the residence of a releasee 30 days prior to release 2634 and thereafter, if the releasee relocates to a new residence, 2635 shall notify any affected school district of the residence of 2636 the releasee within 30 days after relocation. If, on October 1, 2637 2004, any public school bus stop is located within 1,000 feet of 2638 the existing residence of such releasee, the district school 2639 board shall relocate that school bus stop. Beginning October 1, 2640 2004, a district school board may not establish or relocate a 2641 public school bus stop within 1,000 feet of the residence of a 2642 releasee who is subject to this subparagraph. The failure of the 2643 district school board to comply with this subparagraph shall not 2644 result in a violation of conditional release supervision. A 2645 releasee who is subject to this subparagraph may not be forced 2646 to relocate and does not violate his or her conditional release 2647 supervision if he or she is living in a residence that meets the 2648 requirements of this subparagraph and a school, child care 2649 facility, park, playground, designated public school bus stop, 2650 or other place where children regularly congregate is 2651 subsequently established within 1,000 feet of his or her 2652 residence. 2653 3. Active participation in and successful completion of a 2654 sex offender treatment program with qualified practitioners 2655 specifically trained to treat sex offenders, at the releasee’s 2656 own expense. If a qualified practitioner is not available within 2657 a 50-mile radius of the releasee’s residence, the offender shall 2658 participate in other appropriate therapy. 2659 4. A prohibition on any contact with the victim, directly 2660 or indirectly, including through a third person, unless approved 2661 by the victim, a qualified practitioner in the sexual offender 2662 treatment program, and the sentencing court. 2663 5. If the victim was under the age of 18, a prohibition 2664 against contact with children under the age of 18 without review 2665 and approval by the commission. The commission may approve 2666 supervised contact with a child under the age of 18 if the 2667 approval is based upon a recommendation for contact issued by a 2668 qualified practitioner who is basing the recommendation on a 2669 risk assessment. Further, the sex offender must be currently 2670 enrolled in or have successfully completed a sex offender 2671 therapy program. The commission may not grant supervised contact 2672 with a child if the contact is not recommended by a qualified 2673 practitioner and may deny supervised contact with a child at any 2674 time. When considering whether to approve supervised contact 2675 with a child, the commission must review and consider the 2676 following: 2677 a. A risk assessment completed by a qualified practitioner. 2678 The qualified practitioner must prepare a written report that 2679 must include the findings of the assessment and address each of 2680 the following components: 2681 (I) The sex offender’s current legal status; 2682 (II) The sex offender’s history of adult charges with 2683 apparent sexual motivation; 2684 (III) The sex offender’s history of adult charges without 2685 apparent sexual motivation; 2686 (IV) The sex offender’s history of juvenile charges, 2687 whenever available; 2688 (V) The sex offender’s offender treatment history, 2689 including a consultation from the sex offender’s treating, or 2690 most recent treating, therapist; 2691 (VI) The sex offender’s current mental status; 2692 (VII) The sex offender’s mental health and substance abuse 2693 history as provided by the Department of Corrections; 2694 (VIII) The sex offender’s personal, social, educational, 2695 and work history; 2696 (IX) The results of current psychological testing of the 2697 sex offender if determined necessary by the qualified 2698 practitioner; 2699 (X) A description of the proposed contact, including the 2700 location, frequency, duration, and supervisory arrangement; 2701 (XI) The child’s preference and relative comfort level with 2702 the proposed contact, when age-appropriate; 2703 (XII) The parent’s or legal guardian’s preference regarding 2704 the proposed contact; and 2705 (XIII) The qualified practitioner’s opinion, along with the 2706 basis for that opinion, as to whether the proposed contact would 2707 likely pose significant risk of emotional or physical harm to 2708 the child. 2709 2710 The written report of the assessment must be given to the 2711 commission. 2712 b. A recommendation made as a part of the risk-assessment 2713 report as to whether supervised contact with the child should be 2714 approved; 2715 c. A written consent signed by the child’s parent or legal 2716 guardian, if the parent or legal guardian is not the sex 2717 offender, agreeing to the sex offender having supervised contact 2718 with the child after receiving full disclosure of the sex 2719 offender’s present legal status, past criminal history, and the 2720 results of the risk assessment. The commission may not approve 2721 contact with the child if the parent or legal guardian refuses 2722 to give written consent for supervised contact; 2723 d. A safety plan prepared by the qualified practitioner, 2724 who provides treatment to the offender, in collaboration with 2725 the sex offender, the child’s parent or legal guardian, and the 2726 child, when age appropriate, which details the acceptable 2727 conditions of contact between the sex offender and the child. 2728 The safety plan must be reviewed and approved by the Department 2729 of Corrections before being submitted to the commission; and 2730 e. Evidence that the child’s parent or legal guardian, if 2731 the parent or legal guardian is not the sex offender, 2732 understands the need for and agrees to the safety plan and has 2733 agreed to provide, or to designate another adult to provide, 2734 constant supervision any time the child is in contact with the 2735 offender. 2736 2737 The commission may not appoint a person to conduct a risk 2738 assessment and may not accept a risk assessment from a person 2739 who has not demonstrated to the commission that he or she has 2740 met the requirements of a qualified practitioner as defined in 2741 this section. 2742 6. If the victim was under age 18, a prohibition on working 2743 for pay or as a volunteer at any school, child care facility, 2744 park, playground, or other place where children regularly 2745 congregate, as prescribed by the commission. 2746 7. Unless otherwise indicated in the treatment plan 2747 provided by a qualified practitioner in the sexual offender 2748 treatment program, a prohibition on viewing, owning, or 2749 possessing any obscene, pornographic, or sexually stimulating 2750 visual or auditory material, including telephone, electronic 2751 media, computer programs, or computer services that are relevant 2752 to the offender’s deviant behavior pattern. 2753 8. Effective for a releasee whose crime is committed on or 2754 after July 1, 2005, a prohibition on accessing the Internet or 2755 other computer services until a qualified practitioner in the 2756 offender’s sex offender treatment program, after a risk 2757 assessment is completed, approves and implements a safety plan 2758 for the offender’s accessing or using the Internet or other 2759 computer services. 2760 9. A requirement that the releasee must submit two 2761 specimens of blood to the Department of Law Enforcement to be 2762 registered with the DNA database. 2763 10. A requirement that the releasee make restitution to the 2764 victim, as determined by the sentencing court or the commission, 2765 for all necessary medical and related professional services 2766 relating to physical, psychiatric, and psychological care. 2767 11. Submission to a warrantless search by the community 2768 control or probation officer of the probationer’s or community 2769 controllee’s person, residence, or vehicle. 2770 (b) For a releasee whose crime was committed on or after 2771 October 1, 1997, in violation of chapter 794, s. 800.04, former 2772 s. 827.071, s. 847.0135(5), or s. 847.0145, and who is subject 2773 to conditional release supervision, in addition to any other 2774 provision of this subsection, the commission shall impose the 2775 following additional conditions of conditional release 2776 supervision: 2777 1. As part of a treatment program, participation in a 2778 minimum of one annual polygraph examination to obtain 2779 information necessary for risk management and treatment and to 2780 reduce the sex offender’s denial mechanisms. The polygraph 2781 examination must be conducted by a polygrapher who is a member 2782 of a national or state polygraph association and who is 2783 certified as a postconviction sex offender polygrapher, where 2784 available, and at the expense of the releasee. The results of 2785 the examination shall be provided to the releasee’s probation 2786 officer and qualified practitioner and may not be used as 2787 evidence in a hearing to prove that a violation of supervision 2788 has occurred. 2789 2. Maintenance of a driving log and a prohibition against 2790 driving a motor vehicle alone without the prior approval of the 2791 supervising officer. 2792 3. A prohibition against obtaining or using a post office 2793 box without the prior approval of the supervising officer. 2794 4. If there was sexual contact, a submission to, at the 2795 releasee’s expense, an HIV test with the results to be released 2796 to the victim or the victim’s parent or guardian. 2797 5. Electronic monitoring of any form when ordered by the 2798 commission. Any person who has been placed under supervision and 2799 is electronically monitored by the department must pay the 2800 department for the cost of the electronic monitoring service at 2801 a rate that may not exceed the full cost of the monitoring 2802 service. Funds collected under this subparagraph shall be 2803 deposited into the General Revenue Fund. The department may 2804 exempt a person from the payment of all or any part of the 2805 electronic monitoring service cost if the department finds that 2806 any of the factors listed in s. 948.09(3) exist. 2807 (10) Effective for a releasee whose crime was committed on 2808 or after September 1, 2005, in violation of chapter 794, s. 2809 800.04(4), (5), or (6), former s. 827.071, or s. 847.0145, and 2810 the unlawful activity involved a victim who was 15 years of age 2811 or younger and the offender is 18 years of age or older or for a 2812 releasee who is designated as a sexual predator pursuant to s. 2813 775.21, in addition to any other provision of this section, the 2814 commission must order electronic monitoring for the duration of 2815 the releasee’s supervision. 2816 (14) Effective for a releasee whose crime was committed on 2817 or after October 1, 2014, in violation of chapter 794, s. 2818 800.04, former s. 827.071, s. 847.0135(5), or s. 847.0145, in 2819 addition to any other provision of this section, the commission 2820 must impose a condition prohibiting the releasee from viewing, 2821 accessing, owning, or possessing any obscene, pornographic, or 2822 sexually stimulating visual or auditory material unless 2823 otherwise indicated in the treatment plan provided by a 2824 qualified practitioner in the sexual offender treatment program. 2825 Visual or auditory material includes, but is not limited to, 2826 telephone, electronic media, computer programs, and computer 2827 services. 2828 (15) Effective for a releasee whose crime was committed on 2829 or after October 1, 2018, in violation of s. 847.003 or s. 2830 847.0137(2), in addition to any other provision of this section, 2831 the commission must impose the conditions specified in 2832 subsections (7), (10), (12), and (14). 2833 Section 48. Subsection (2) of section 948.03, Florida 2834 Statutes, is amended to read: 2835 948.03 Terms and conditions of probation.— 2836 (2) The enumeration of specific kinds of terms and 2837 conditions does not prevent the court from adding thereto such 2838 other or others as it considers proper. However, the sentencing 2839 court may only impose a condition of supervision allowing an 2840 offender convicted of s. 794.011, s. 800.04, former s. 827.071, 2841 s. 847.003, s. 847.0135(5), s. 847.0137(2), or s. 847.0145 to 2842 reside in another state if the order stipulates that it is 2843 contingent upon the approval of the receiving state interstate 2844 compact authority. The court may rescind or modify at any time 2845 the terms and conditions theretofore imposed by it upon the 2846 probationer. However, if the court withholds adjudication of 2847 guilt or imposes a period of incarceration as a condition of 2848 probation, the period may not exceed 364 days, and incarceration 2849 shall be restricted to either a county facility, or a probation 2850 and restitution center under the jurisdiction of the Department 2851 of Corrections. 2852 Section 49. Subsection (1) of section 948.04, Florida 2853 Statutes, is amended to read: 2854 948.04 Period of probation; duty of probationer; early 2855 termination.— 2856 (1) Defendants found guilty of felonies who are placed on 2857 probation shall be under supervision not to exceed 2 years 2858 unless otherwise specified by the court. No defendant placed on 2859 probation pursuant to s. 948.012(1) is subject to the probation 2860 limitations of this subsection. A defendant who is placed on 2861 probation or community control for a violation of chapter 794, 2862orchapter 827, s. 847.003, or s. 847.0137(2) is subject to the 2863 maximum level of supervision provided by the supervising agency, 2864 and that supervision shall continue through the full term of the 2865 court-imposed probation or community control. 2866 Section 50. Subsection (4) and paragraph (c) of subsection 2867 (8) of section 948.06, Florida Statutes, are amended to read: 2868 948.06 Violation of probation or community control; 2869 revocation; modification; continuance; failure to pay 2870 restitution or cost of supervision.— 2871 (4) Notwithstanding any other provision of this section, a 2872 felony probationer or an offender in community control who is 2873 arrested for violating his or her probation or community control 2874 in a material respect may be taken before the court in the 2875 county or circuit in which the probationer or offender was 2876 arrested. That court shall advise him or her of the charge of a 2877 violation and, if such charge is admitted, shall cause him or 2878 her to be brought before the court that granted the probation or 2879 community control. If the violation is not admitted by the 2880 probationer or offender, the court may commit him or her or 2881 release him or her with or without bail to await further 2882 hearing. However, if the probationer or offender is under 2883 supervision for any criminal offense proscribed in chapter 794, 2884 s. 800.04(4), (5), (6), former s. 827.071, or s. 847.0145, or is 2885 a registered sexual predator or a registered sexual offender, or 2886 is under supervision for a criminal offense for which he or she 2887 would meet the registration criteria in s. 775.21, s. 943.0435, 2888 or s. 944.607 but for the effective date of those sections, the 2889 court must make a finding that the probationer or offender is 2890 not a danger to the public prior to release with or without 2891 bail. In determining the danger posed by the offender’s or 2892 probationer’s release, the court may consider the nature and 2893 circumstances of the violation and any new offenses charged; the 2894 offender’s or probationer’s past and present conduct, including 2895 convictions of crimes; any record of arrests without conviction 2896 for crimes involving violence or sexual crimes; any other 2897 evidence of allegations of unlawful sexual conduct or the use of 2898 violence by the offender or probationer; the offender’s or 2899 probationer’s family ties, length of residence in the community, 2900 employment history, and mental condition; his or her history and 2901 conduct during the probation or community control supervision 2902 from which the violation arises and any other previous 2903 supervisions, including disciplinary records of previous 2904 incarcerations; the likelihood that the offender or probationer 2905 will engage again in a criminal course of conduct; the weight of 2906 the evidence against the offender or probationer; and any other 2907 facts the court considers relevant. The court, as soon as is 2908 practicable, shall give the probationer or offender an 2909 opportunity to be fully heard on his or her behalf in person or 2910 by counsel. After the hearing, the court shall make findings of 2911 fact and forward the findings to the court that granted the 2912 probation or community control and to the probationer or 2913 offender or his or her attorney. The findings of fact by the 2914 hearing court are binding on the court that granted the 2915 probation or community control. Upon the probationer or offender 2916 being brought before it, the court that granted the probation or 2917 community control may revoke, modify, or continue the probation 2918 or community control or may place the probationer into community 2919 control as provided in this section. However, the probationer or 2920 offender shall not be released and shall not be admitted to 2921 bail, but shall be brought before the court that granted the 2922 probation or community control if any violation of felony 2923 probation or community control other than a failure to pay costs 2924 or fines or make restitution payments is alleged to have been 2925 committed by: 2926 (a) A violent felony offender of special concern, as 2927 defined in this section; 2928 (b) A person who is on felony probation or community 2929 control for any offense committed on or after the effective date 2930 of this act and who is arrested for a qualifying offense as 2931 defined in this section; or 2932 (c) A person who is on felony probation or community 2933 control and has previously been found by a court to be a 2934 habitual violent felony offender as defined in s. 775.084(1)(b), 2935 a three-time violent felony offender as defined in s. 2936 775.084(1)(c), or a sexual predator under s. 775.21, and who is 2937 arrested for committing a qualifying offense as defined in this 2938 section on or after the effective date of this act. 2939 (8) 2940 (c) For purposes of this section, the term “qualifying 2941 offense” means any of the following: 2942 1. Kidnapping or attempted kidnapping under s. 787.01, 2943 false imprisonment of a child under the age of 13 under s. 2944 787.02(3), or luring or enticing a child under s. 787.025(2)(b) 2945 or (c). 2946 2. Murder or attempted murder under s. 782.04, attempted 2947 felony murder under s. 782.051, or manslaughter under s. 782.07. 2948 3. Aggravated battery or attempted aggravated battery under 2949 s. 784.045. 2950 4. Sexual battery or attempted sexual battery under s. 2951 794.011(2), (3), (4), or (8)(b) or (c). 2952 5. Lewd or lascivious battery or attempted lewd or 2953 lascivious battery under s. 800.04(4), lewd or lascivious 2954 molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious 2955 conduct under s. 800.04(6)(b), or lewd or lascivious exhibition 2956 under s. 800.04(7)(b), or lewd or lascivious exhibition on2957computer under s. 847.0135(5)(b). 2958 6. Robbery or attempted robbery under s. 812.13, carjacking 2959 or attempted carjacking under s. 812.133, or home invasion 2960 robbery or attempted home invasion robbery under s. 812.135. 2961 7. Lewd or lascivious offense upon or in the presence of an 2962 elderly or disabled person or attempted lewd or lascivious 2963 offense upon or in the presence of an elderly or disabled person 2964 under s. 825.1025. 2965 8. Sexual performance by a child or attempted sexual 2966 performance by a child under former s. 827.071 or s. 847.003. 2967 9. Computer pornography or child exploitation under s. 2968 847.0135847.0135(2) or (3),transmission ofchild pornography 2969 under s. 847.0137, or selling or buying of minors under s. 2970 847.0145. 2971 10. Poisoning food or water under s. 859.01. 2972 11. Abuse of a dead human body under s. 872.06. 2973 12. Any burglary offense or attempted burglary offense that 2974 is either a first degree felony or second degree felony under s. 2975 810.02(2) or (3). 2976 13. Arson or attempted arson under s. 806.01(1). 2977 14. Aggravated assault under s. 784.021. 2978 15. Aggravated stalking under s. 784.048(3), (4), (5), or 2979 (7). 2980 16. Aircraft piracy under s. 860.16. 2981 17. Unlawful throwing, placing, or discharging of a 2982 destructive device or bomb under s. 790.161(2), (3), or (4). 2983 18. Treason under s. 876.32. 2984 19. Any offense committed in another jurisdiction which 2985 would be an offense listed in this paragraph if that offense had 2986 been committed in this state. 2987 Section 51. Subsection (1) of section 948.062, Florida 2988 Statutes, is amended to read: 2989 948.062 Reviewing and reporting serious offenses committed 2990 by offenders placed on probation or community control.— 2991 (1) The department shall review the circumstances related 2992 to an offender placed on probation or community control who has 2993 been arrested while on supervision for the following offenses: 2994 (a) Any murder as provided in s. 782.04; 2995 (b) Any sexual battery as provided in s. 794.011 or s. 2996 794.023; 2997 (c) Any sexual performance by a child as provided in former 2998 s. 827.071 or s. 847.003; 2999 (d) Any kidnapping, false imprisonment, or luring of a 3000 child as provided in s. 787.01, s. 787.02, or s. 787.025; 3001 (e) Any lewd and lascivious battery or lewd and lascivious 3002 molestation as provided in s. 800.04(4) or (5); 3003 (f) Any aggravated child abuse as provided in s. 3004 827.03(2)(a); 3005 (g) Any robbery with a firearm or other deadly weapon, home 3006 invasion robbery, or carjacking as provided in s. 812.13(2)(a), 3007 s. 812.135, or s. 812.133; 3008 (h) Any aggravated stalking as provided in s. 784.048(3), 3009 (4), or (5); 3010 (i) Any forcible felony as provided in s. 776.08, committed 3011 by a person on probation or community control who is designated 3012 as a sexual predator; or 3013 (j) Any DUI manslaughter as provided in s. 316.193(3)(c), 3014 or vehicular or vessel homicide as provided in s. 782.071 or s. 3015 782.072, committed by a person who is on probation or community 3016 control for an offense involving death or injury resulting from 3017 a driving incident. 3018 Section 52. Subsection (2) of section 948.101, Florida 3019 Statutes, is amended to read: 3020 948.101 Terms and conditions of community control.— 3021 (2) The enumeration of specific kinds of terms and 3022 conditions does not prevent the court from adding any other 3023 terms or conditions that the court considers proper. However, 3024 the sentencing court may only impose a condition of supervision 3025 allowing an offender convicted of s. 794.011, s. 800.04, former 3026 s. 827.071, s. 847.003, s. 847.0135(5), s. 847.0137(2), or s. 3027 847.0145 to reside in another state if the order stipulates that 3028 it is contingent upon the approval of the receiving state 3029 interstate compact authority. The court may rescind or modify at 3030 any time the terms and conditions theretofore imposed by it upon 3031 the offender in community control. However, if the court 3032 withholds adjudication of guilt or imposes a period of 3033 incarceration as a condition of community control, the period 3034 may not exceed 364 days, and incarceration shall be restricted 3035 to a county facility, a probation and restitution center under 3036 the jurisdiction of the Department of Corrections, or a 3037 residential treatment facility owned or operated by any entity 3038 providing such services. 3039 Section 53. Subsections (1), (2), (3), and (5) of section 3040 948.30, Florida Statutes, are amended, and subsection (6) is 3041 added to that section, to read: 3042 948.30 Additional terms and conditions of probation or 3043 community control for certain sex offenses.—Conditions imposed 3044 pursuant to this section do not require oral pronouncement at 3045 the time of sentencing and shall be considered standard 3046 conditions of probation or community control for offenders 3047 specified in this section. 3048 (1) Effective for probationers or community controllees 3049 whose crime was committed on or after October 1, 1995, and who 3050 are placed under supervision for violation of chapter 794, s. 3051 800.04, former s. 827.071, s. 847.0135(5), or s. 847.0145, the 3052 court must impose the following conditions in addition to all 3053 other standard and special conditions imposed: 3054 (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may 3055 designate another 8-hour period if the offender’s employment 3056 precludes the above specified time, and the alternative is 3057 recommended by the Department of Corrections. If the court 3058 determines that imposing a curfew would endanger the victim, the 3059 court may consider alternative sanctions. 3060 (b) If the victim was under the age of 18, a prohibition on 3061 living within 1,000 feet of a school, child care facility, park, 3062 playground, or other place where children regularly congregate, 3063 as prescribed by the court. The 1,000-foot distance shall be 3064 measured in a straight line from the offender’s place of 3065 residence to the nearest boundary line of the school, child care 3066 facility, park, playground, or other place where children 3067 congregate. The distance may not be measured by a pedestrian 3068 route or automobile route. A probationer or community controllee 3069 who is subject to this paragraph may not be forced to relocate 3070 and does not violate his or her probation or community control 3071 if he or she is living in a residence that meets the 3072 requirements of this paragraph and a school, child care 3073 facility, park, playground, or other place where children 3074 regularly congregate is subsequently established within 1,000 3075 feet of his or her residence. 3076 (c) Active participation in and successful completion of a 3077 sex offender treatment program with qualified practitioners 3078 specifically trained to treat sex offenders, at the 3079 probationer’s or community controllee’s own expense. If a 3080 qualified practitioner is not available within a 50-mile radius 3081 of the probationer’s or community controllee’s residence, the 3082 offender shall participate in other appropriate therapy. 3083 (d) A prohibition on any contact with the victim, directly 3084 or indirectly, including through a third person, unless approved 3085 by the victim, a qualified practitioner in the sexual offender 3086 treatment program, and the sentencing court. 3087 (e) If the victim was under the age of 18, a prohibition on 3088 contact with a child under the age of 18 except as provided in 3089 this paragraph. The court may approve supervised contact with a 3090 child under the age of 18 if the approval is based upon a 3091 recommendation for contact issued by a qualified practitioner 3092 who is basing the recommendation on a risk assessment. Further, 3093 the sex offender must be currently enrolled in or have 3094 successfully completed a sex offender therapy program. The court 3095 may not grant supervised contact with a child if the contact is 3096 not recommended by a qualified practitioner and may deny 3097 supervised contact with a child at any time. When considering 3098 whether to approve supervised contact with a child, the court 3099 must review and consider the following: 3100 1. A risk assessment completed by a qualified practitioner. 3101 The qualified practitioner must prepare a written report that 3102 must include the findings of the assessment and address each of 3103 the following components: 3104 a. The sex offender’s current legal status; 3105 b. The sex offender’s history of adult charges with 3106 apparent sexual motivation; 3107 c. The sex offender’s history of adult charges without 3108 apparent sexual motivation; 3109 d. The sex offender’s history of juvenile charges, whenever 3110 available; 3111 e. The sex offender’s offender treatment history, including 3112 consultations with the sex offender’s treating, or most recent 3113 treating, therapist; 3114 f. The sex offender’s current mental status; 3115 g. The sex offender’s mental health and substance abuse 3116 treatment history as provided by the Department of Corrections; 3117 h. The sex offender’s personal, social, educational, and 3118 work history; 3119 i. The results of current psychological testing of the sex 3120 offender if determined necessary by the qualified practitioner; 3121 j. A description of the proposed contact, including the 3122 location, frequency, duration, and supervisory arrangement; 3123 k. The child’s preference and relative comfort level with 3124 the proposed contact, when age appropriate; 3125 l. The parent’s or legal guardian’s preference regarding 3126 the proposed contact; and 3127 m. The qualified practitioner’s opinion, along with the 3128 basis for that opinion, as to whether the proposed contact would 3129 likely pose significant risk of emotional or physical harm to 3130 the child. 3131 3132 The written report of the assessment must be given to the court; 3133 2. A recommendation made as a part of the risk assessment 3134 report as to whether supervised contact with the child should be 3135 approved; 3136 3. A written consent signed by the child’s parent or legal 3137 guardian, if the parent or legal guardian is not the sex 3138 offender, agreeing to the sex offender having supervised contact 3139 with the child after receiving full disclosure of the sex 3140 offender’s present legal status, past criminal history, and the 3141 results of the risk assessment. The court may not approve 3142 contact with the child if the parent or legal guardian refuses 3143 to give written consent for supervised contact; 3144 4. A safety plan prepared by the qualified practitioner, 3145 who provides treatment to the offender, in collaboration with 3146 the sex offender, the child’s parent or legal guardian, if the 3147 parent or legal guardian is not the sex offender, and the child, 3148 when age appropriate, which details the acceptable conditions of 3149 contact between the sex offender and the child. The safety plan 3150 must be reviewed and approved by the court; and 3151 5. Evidence that the child’s parent or legal guardian 3152 understands the need for and agrees to the safety plan and has 3153 agreed to provide, or to designate another adult to provide, 3154 constant supervision any time the child is in contact with the 3155 offender. 3156 3157 The court may not appoint a person to conduct a risk assessment 3158 and may not accept a risk assessment from a person who has not 3159 demonstrated to the court that he or she has met the 3160 requirements of a qualified practitioner as defined in this 3161 section. 3162 (f) If the victim was under age 18, a prohibition on 3163 working for pay or as a volunteer at any place where children 3164 regularly congregate, including, but not limited to, schools, 3165 child care facilities, parks, playgrounds, pet stores, 3166 libraries, zoos, theme parks, and malls. 3167 (g) Unless otherwise indicated in the treatment plan 3168 provided by a qualified practitioner in the sexual offender 3169 treatment program, a prohibition on viewing, accessing, owning, 3170 or possessing any obscene, pornographic, or sexually stimulating 3171 visual or auditory material, including telephone, electronic 3172 media, computer programs, or computer services that are relevant 3173 to the offender’s deviant behavior pattern. 3174 (h) Effective for probationers and community controllees 3175 whose crime is committed on or after July 1, 2005, a prohibition 3176 on accessing the Internet or other computer services until a 3177 qualified practitioner in the offender’s sex offender treatment 3178 program, after a risk assessment is completed, approves and 3179 implements a safety plan for the offender’s accessing or using 3180 the Internet or other computer services. 3181 (i) A requirement that the probationer or community 3182 controllee must submit a specimen of blood or other approved 3183 biological specimen to the Department of Law Enforcement to be 3184 registered with the DNA data bank. 3185 (j) A requirement that the probationer or community 3186 controllee make restitution to the victim, as ordered by the 3187 court under s. 775.089, for all necessary medical and related 3188 professional services relating to physical, psychiatric, and 3189 psychological care. 3190 (k) Submission to a warrantless search by the community 3191 control or probation officer of the probationer’s or community 3192 controllee’s person, residence, or vehicle. 3193 (2) Effective for a probationer or community controllee 3194 whose crime was committed on or after October 1, 1997, and who 3195 is placed on community control or sex offender probation for a 3196 violation of chapter 794, s. 800.04, former s. 827.071, s. 3197 847.0135(5), or s. 847.0145, in addition to any other provision 3198 of this section, the court must impose the following conditions 3199 of probation or community control: 3200 (a) As part of a treatment program, participation at least 3201 annually in polygraph examinations to obtain information 3202 necessary for risk management and treatment and to reduce the 3203 sex offender’s denial mechanisms. A polygraph examination must 3204 be conducted by a polygrapher who is a member of a national or 3205 state polygraph association and who is certified as a 3206 postconviction sex offender polygrapher, where available, and 3207 shall be paid for by the probationer or community controllee. 3208 The results of the polygraph examination shall be provided to 3209 the probationer’s or community controllee’s probation officer 3210 and qualified practitioner and shall not be used as evidence in 3211 court to prove that a violation of community supervision has 3212 occurred. 3213 (b) Maintenance of a driving log and a prohibition against 3214 driving a motor vehicle alone without the prior approval of the 3215 supervising officer. 3216 (c) A prohibition against obtaining or using a post office 3217 box without the prior approval of the supervising officer. 3218 (d) If there was sexual contact, a submission to, at the 3219 probationer’s or community controllee’s expense, an HIV test 3220 with the results to be released to the victim or the victim’s 3221 parent or guardian. 3222 (e) Electronic monitoring when deemed necessary by the 3223 community control or probation officer and his or her 3224 supervisor, and ordered by the court at the recommendation of 3225 the Department of Corrections. 3226 (3) Effective for a probationer or community controllee 3227 whose crime was committed on or after September 1, 2005, and 3228 who: 3229 (a) Is placed on probation or community control for a 3230 violation of chapter 794, s. 800.04(4), (5), or (6), former s. 3231 827.071, or s. 847.0145 and the unlawful sexual activity 3232 involved a victim 15 years of age or younger and the offender is 3233 18 years of age or older; 3234 (b) Is designated a sexual predator pursuant to s. 775.21; 3235 or 3236 (c) Has previously been convicted of a violation of chapter 3237 794, s. 800.04(4), (5), or (6), former s. 827.071, or s. 3238 847.0145 and the unlawful sexual activity involved a victim 15 3239 years of age or younger and the offender is 18 years of age or 3240 older, 3241 3242 the court must order, in addition to any other provision of this 3243 section, mandatory electronic monitoring as a condition of the 3244 probation or community control supervision. 3245 (5) Effective for a probationer or community controllee 3246 whose crime was committed on or after October 1, 2014, and who 3247 is placed on probation or community control for a violation of 3248 chapter 794, s. 800.04, former s. 827.071, s. 847.0135(5), or s. 3249 847.0145, in addition to all other conditions imposed, the court 3250 must impose a condition prohibiting the probationer or community 3251 controllee from viewing, accessing, owning, or possessing any 3252 obscene, pornographic, or sexually stimulating visual or 3253 auditory material unless otherwise indicated in the treatment 3254 plan provided by a qualified practitioner in the sexual offender 3255 treatment program. Visual or auditory material includes, but is 3256 not limited to, telephone, electronic media, computer programs, 3257 and computer services. 3258 (6) Effective for a probationer or community controllee 3259 whose crime was committed on or after October 1, 2018, and who 3260 is placed under supervision for violation of s. 847.003 or s. 3261 847.0137(2), the court must impose the conditions specified in 3262 subsections (1)-(5) in addition to all other standard and 3263 special conditions imposed. 3264 Section 54. Subsection (1) of section 948.32, Florida 3265 Statutes, is amended to read: 3266 948.32 Requirements of law enforcement agency upon arrest 3267 of persons for certain sex offenses.— 3268 (1) When any state or local law enforcement agency 3269 investigates or arrests a person for committing, or attempting, 3270 soliciting, or conspiring to commit, a violation of s. 3271 787.025(2)(c), s. 787.06(3)(g), chapter 794, former s. 796.03, 3272 s. 800.04, former s. 827.071, s. 847.003, s. 847.0133, s. 3273 847.0135, s. 847.0137(2), or s. 847.0145, the law enforcement 3274 agency shall contact the Department of Corrections to verify 3275 whether the person under investigation or under arrest is on 3276 probation, community control, parole, conditional release, or 3277 control release. 3278 Section 55. Paragraph (e) of subsection (3) and subsection 3279 (10) of section 960.03, Florida Statutes, are amended to read: 3280 960.03 Definitions; ss. 960.01-960.28.—As used in ss. 3281 960.01-960.28, unless the context otherwise requires, the term: 3282 (3) “Crime” means: 3283 (e) A violation of former s. 827.071, s. 847.003, s. 3284 847.0135, s. 847.0137, or s. 847.0138, related to online sexual 3285 exploitation and child pornography. 3286 (10) “Identified victim of child pornography” means any 3287 person who, while under the age of 18, is depicted in any visual 3288 depictionimage or movieof child pornography, as defined in s. 3289 847.0137, and who is identified through a report generated by a 3290 law enforcement agency and provided to the National Center for 3291 Missing and Exploited Children’s Child Victim Identification 3292 Program. 3293 Section 56. Section 960.197, Florida Statutes, is amended 3294 to read: 3295 960.197 Assistance to victims of online sexual exploitation 3296 and child pornography.— 3297 (1) Notwithstanding the criteria set forth in s. 960.13 for 3298 crime victim compensation awards, the department may award 3299 compensation for counseling and other mental health services to 3300 treat psychological injury or trauma to: 3301 (a) A child younger than 18 years of age who suffers 3302 psychiatric or psychological injury as a direct result of online 3303 sexual exploitation under formerany provision ofs. 827.071, s. 3304 847.003, s. 847.0135, s. 847.0137, or s. 847.0138, and who does 3305 not otherwise sustain a personal injury or death; or 3306 (b) Any person who, while younger than age 18, was depicted 3307 in any visual depictionimage or movie, regardless of length,of 3308 child pornography as defined in s. 847.0137847.001, who has 3309 been identified by a law enforcement agency or the National 3310 Center for Missing and Exploited Children as an identified 3311 victim of child pornography, who suffers psychiatric or 3312 psychological injury as a direct result of the crime, and who 3313 does not otherwise sustain a personal injury or death. 3314 (2) Compensation under this section is not contingent upon 3315 pursuit of a criminal investigation or prosecution. 3316 Section 57. Paragraph (d) of subsection (4) of section 3317 985.04, Florida Statutes, is amended to read: 3318 985.04 Oaths; records; confidential information.— 3319 (4) 3320 (d) The department shall disclose to the school 3321 superintendent the presence of any child in the care and custody 3322 or under the jurisdiction or supervision of the department who 3323 has a known history of criminal sexual behavior with other 3324 juveniles; is alleged to have committed juvenile sexual abuse as 3325 defined in s. 39.01; or has pled guilty or nolo contendere to, 3326 or has been found to have committed, a violation of chapter 794, 3327 chapter 796, chapter 800, former s. 827.071, s. 847.003,ors. 3328 847.0133, s. 847.0135(5), or s. 847.0137, regardless of 3329 adjudication. Any employee of a district school board who 3330 knowingly and willfully discloses such information to an 3331 unauthorized person commits a misdemeanor of the second degree, 3332 punishable as provided in s. 775.082 or s. 775.083. 3333 Section 58. Paragraph (a) of subsection (1) of section 3334 985.475, Florida Statutes, is amended to read: 3335 985.475 Juvenile sexual offenders.— 3336 (1) CRITERIA.—A “juvenile sexual offender” means: 3337 (a) A juvenile who has been found by the court under s. 3338 985.35 to have committed a violation of chapter 794, chapter 3339 796, chapter 800, former s. 827.071, s. 847.003,ors. 847.0133, 3340 or s. 847.0137(2); 3341 Section 59. Paragraphs (mm) and (oo) of subsection (1) of 3342 section 1012.315, Florida Statutes, are amended to read: 3343 1012.315 Disqualification from employment.—A person is 3344 ineligible for educator certification, and instructional 3345 personnel and school administrators, as defined in s. 1012.01, 3346 are ineligible for employment in any position that requires 3347 direct contact with students in a district school system, 3348 charter school, or private school that accepts scholarship 3349 students under s. 1002.39 or s. 1002.395, if the person, 3350 instructional personnel, or school administrator has been 3351 convicted of: 3352 (1) Any felony offense prohibited under any of the 3353 following statutes: 3354 (mm) Former s.Section827.071, relating to sexual 3355 performance by a child. 3356 (oo) Chapter 847, relating to obscenity and child 3357 exploitation. 3358 Section 60. Paragraphs (e), (f), and (h) of subsection (3) 3359 of section 921.0022, Florida Statutes, are amended to read: 3360 921.0022 Criminal Punishment Code; offense severity ranking 3361 chart.— 3362 (3) OFFENSE SEVERITY RANKING CHART 3363 (e) LEVEL 5 3364 3365 FloridaStatute FelonyDegree Description 3366 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 3367 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 3368 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently. 3369 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 3370 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 3371 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked. 3372 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy. 3373 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters. 3374 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 3375 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage. 3376 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims. 3377 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums. 3378 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 3379 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 3380 790.01(2) 3rd Carrying a concealed firearm. 3381 790.162 2nd Threat to throw or discharge destructive device. 3382 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner. 3383 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 3384 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 3385 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 3386 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 3387 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 3388 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 3389 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 3390 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts. 3391 812.019(1) 2nd Stolen property; dealing in or trafficking in. 3392 812.131(2)(b) 3rd Robbery by sudden snatching. 3393 812.16(2) 3rd Owning, operating, or conducting a chop shop. 3394 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 3395 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 3396 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. 3397 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons. 3398 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents. 3399 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder. 3400 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 3401827.071(4)2ndPossess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.3402827.071(5)3rdPossess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.3403 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. 3404 843.01 3rd Resist officer with violence to person; resist arrest with violence. 3405 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 3406 847.0137(2)(a) 2nd Possess child pornography with intent to promote. 3407 847.0137(2)(b) 3rd Possess, control, or intentionally view child pornography. 3408 847.0137(3)847.0137(2) & (3)3rd Transmission of child pornography by electronic device or equipment. 3409 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 3410 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 3411 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 3412 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). 3413 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. 3414 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. 3415 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. 3416 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. 3417 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance. 3418 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 3419 (f) LEVEL 6 3420 3421 FloridaStatute FelonyDegree Description 3422 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 3423 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 3424 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 3425 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement. 3426 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 3427 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 3428 775.0875(1) 3rd Taking firearm from law enforcement officer. 3429 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 3430 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 3431 784.041 3rd Felony battery; domestic battery by strangulation. 3432 784.048(3) 3rd Aggravated stalking; credible threat. 3433 784.048(5) 3rd Aggravated stalking of person under 16. 3434 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 3435 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 3436 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older. 3437 784.081(2) 2nd Aggravated assault on specified official or employee. 3438 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 3439 784.083(2) 2nd Aggravated assault on code inspector. 3440 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 3441 790.115(2)(d) 2nd Discharging firearm or weapon on school property. 3442 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 3443 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner. 3444 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 3445 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 3446 794.05(1) 2nd Unlawful sexual activity with specified minor. 3447 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years. 3448 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older. 3449 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 3450 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 3451 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense. 3452 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 3453 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 3454 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction. 3455 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others. 3456 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 3457 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 3458 817.505(4)(b) 2nd Patient brokering; 10 or more patients. 3459 825.102(1) 3rd Abuse of an elderly person or disabled adult. 3460 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 3461 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 3462 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 3463 827.03(2)(c) 3rd Abuse of a child. 3464 827.03(2)(d) 3rd Neglect of a child. 3465827.071(2) & (3)2ndUse or induce a child in a sexual performance, or promote or direct such performance.3466 836.05 2nd Threats; extortion. 3467 836.10 2nd Written threats to kill or do bodily injury. 3468 843.12 3rd Aids or assists person to escape. 3469 847.003 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 3470 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 3471 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 3472 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 3473 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 3474 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. 3475 944.40 2nd Escapes. 3476 944.46 3rd Harboring, concealing, aiding escaped prisoners. 3477 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 3478 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility. 3479 (h) LEVEL 8 3480 3481 FloridaStatute FelonyDegree Description 3482 316.193 (3)(c)3.a. 2nd DUI manslaughter. 3483 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death. 3484 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 3485 499.0051(6) 1st Knowing trafficking in contraband prescription drugs. 3486 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels. 3487 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. 3488 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. 3489 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. 3490 777.03(2)(a) 1st Accessory after the fact, capital felony. 3491 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. 3492 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). 3493 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information. 3494 782.072(2) 1st Committing vessel homicide and failing to render aid or give information. 3495 787.06(3)(a)1. 1st Human trafficking for labor and services of a child. 3496 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult. 3497 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult. 3498 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. 3499 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state. 3500 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage. 3501 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury. 3502 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury. 3503 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury. 3504 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense. 3505 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state. 3506 800.04(4)(b) 2nd Lewd or lascivious battery. 3507 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense. 3508 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure. 3509 810.02(2)(a) 1st,PBL Burglary with assault or battery. 3510 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon. 3511 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. 3512 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. 3513 812.13(2)(b) 1st Robbery with a weapon. 3514 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon. 3515 817.505(4)(c) 1st Patient brokering; 20 or more patients. 3516 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense. 3517 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee. 3518 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision. 3519 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. 3520 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18. 3521 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents. 3522 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult. 3523 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult. 3524 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more. 3525 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony. 3526 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony. 3527 847.0135(3) 2nd Solicitation of a child, via a computer service, to commit an unlawful sex act while misrepresenting one’s age. 3528 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. 3529 860.16 1st Aircraft piracy. 3530 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). 3531 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 3532 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 3533 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. 3534 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams. 3535 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams. 3536 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams. 3537 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams. 3538 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams. 3539 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams. 3540 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms. 3541 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams. 3542 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. 3543 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. 3544 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. 3545 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. 3546 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms. 3547 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams. 3548 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there. 3549 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity. 3550 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. 3551 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity. 3552 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. 3553 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. 3554 Section 61. The Division of Law Revision and Information is 3555 directed to rename chapter 847, Florida Statutes, as “Obscenity; 3556 Child Exploitation.” 3557 Section 62. For the purpose of incorporating the amendment 3558 made by this act to section 39.0139, Florida Statutes, in a 3559 reference thereto, paragraph (a) of subsection (9) of section 3560 39.402, Florida Statutes, is reenacted to read: 3561 39.402 Placement in a shelter.— 3562 (9)(a) At any shelter hearing, the department shall provide 3563 to the court a recommendation for scheduled contact between the 3564 child and parents, if appropriate. The court shall determine 3565 visitation rights absent a clear and convincing showing that 3566 visitation is not in the best interest of the child. Any order 3567 for visitation or other contact must conform to s. 39.0139. If 3568 visitation is ordered but will not commence within 72 hours of 3569 the shelter hearing, the department shall provide justification 3570 to the court. 3571 Section 63. For the purpose of incorporating the amendment 3572 made by this act to section 39.0139, Florida Statutes, in a 3573 reference thereto, subsection (6) of section 39.506, Florida 3574 Statutes, is reenacted to read: 3575 39.506 Arraignment hearings.— 3576 (6) At any arraignment hearing, if the child is in an out 3577 of-home placement, the court shall order visitation rights 3578 absent a clear and convincing showing that visitation is not in 3579 the best interest of the child. Any order for visitation or 3580 other contact must conform to the provisions of s. 39.0139. 3581 Section 64. For the purpose of incorporating the amendment 3582 made by this act to section 775.21, Florida Statutes, in a 3583 reference thereto, paragraph (b) of subsection (6) of section 3584 39.509, Florida Statutes, is reenacted to read: 3585 39.509 Grandparents rights.—Notwithstanding any other 3586 provision of law, a maternal or paternal grandparent as well as 3587 a stepgrandparent is entitled to reasonable visitation with his 3588 or her grandchild who has been adjudicated a dependent child and 3589 taken from the physical custody of the parent unless the court 3590 finds that such visitation is not in the best interest of the 3591 child or that such visitation would interfere with the goals of 3592 the case plan. Reasonable visitation may be unsupervised and, 3593 where appropriate and feasible, may be frequent and continuing. 3594 Any order for visitation or other contact must conform to the 3595 provisions of s. 39.0139. 3596 (6) In determining whether grandparental visitation is not 3597 in the child’s best interest, consideration may be given to the 3598 following: 3599 (b) The designation by a court as a sexual predator as 3600 defined in s. 775.21 or a substantially similar designation 3601 under laws of another jurisdiction. 3602 Section 65. For the purpose of incorporating the amendment 3603 made by this act to section 39.0139, Florida Statutes, in a 3604 reference thereto, paragraph (d) of subsection (3) of section 3605 39.521, Florida Statutes, is reenacted to read: 3606 39.521 Disposition hearings; powers of disposition.— 3607 (3) When any child is adjudicated by a court to be 3608 dependent, the court shall determine the appropriate placement 3609 for the child as follows: 3610 (d) If the child cannot be safely placed in a nonlicensed 3611 placement, the court shall commit the child to the temporary 3612 legal custody of the department. Such commitment invests in the 3613 department all rights and responsibilities of a legal custodian. 3614 The department shall not return any child to the physical care 3615 and custody of the person from whom the child was removed, 3616 except for court-approved visitation periods, without the 3617 approval of the court. Any order for visitation or other contact 3618 must conform to the provisions of s. 39.0139. The term of such 3619 commitment continues until terminated by the court or until the 3620 child reaches the age of 18. After the child is committed to the 3621 temporary legal custody of the department, all further 3622 proceedings under this section are governed by this chapter. 3623 3624 Protective supervision continues until the court terminates it 3625 or until the child reaches the age of 18, whichever date is 3626 first. Protective supervision shall be terminated by the court 3627 whenever the court determines that permanency has been achieved 3628 for the child, whether with a parent, another relative, or a 3629 legal custodian, and that protective supervision is no longer 3630 needed. The termination of supervision may be with or without 3631 retaining jurisdiction, at the court’s discretion, and shall in 3632 either case be considered a permanency option for the child. The 3633 order terminating supervision by the department shall set forth 3634 the powers of the custodian of the child and shall include the 3635 powers ordinarily granted to a guardian of the person of a minor 3636 unless otherwise specified. Upon the court’s termination of 3637 supervision by the department, no further judicial reviews are 3638 required, so long as permanency has been established for the 3639 child. 3640 Section 66. For the purpose of incorporating the amendment 3641 made by this act to section 775.21, Florida Statutes, in 3642 references thereto, paragraphs (d) and (n) of subsection (1) of 3643 section 39.806, Florida Statutes, are reenacted to read: 3644 39.806 Grounds for termination of parental rights.— 3645 (1) Grounds for the termination of parental rights may be 3646 established under any of the following circumstances: 3647 (d) When the parent of a child is incarcerated and either: 3648 1. The period of time for which the parent is expected to 3649 be incarcerated will constitute a significant portion of the 3650 child’s minority. When determining whether the period of time is 3651 significant, the court shall consider the child’s age and the 3652 child’s need for a permanent and stable home. The period of time 3653 begins on the date that the parent enters into incarceration; 3654 2. The incarcerated parent has been determined by the court 3655 to be a violent career criminal as defined in s. 775.084, a 3656 habitual violent felony offender as defined in s. 775.084, or a 3657 sexual predator as defined in s. 775.21; has been convicted of 3658 first degree or second degree murder in violation of s. 782.04 3659 or a sexual battery that constitutes a capital, life, or first 3660 degree felony violation of s. 794.011; or has been convicted of 3661 an offense in another jurisdiction which is substantially 3662 similar to one of the offenses listed in this paragraph. As used 3663 in this section, the term “substantially similar offense” means 3664 any offense that is substantially similar in elements and 3665 penalties to one of those listed in this subparagraph, and that 3666 is in violation of a law of any other jurisdiction, whether that 3667 of another state, the District of Columbia, the United States or 3668 any possession or territory thereof, or any foreign 3669 jurisdiction; or 3670 3. The court determines by clear and convincing evidence 3671 that continuing the parental relationship with the incarcerated 3672 parent would be harmful to the child and, for this reason, that 3673 termination of the parental rights of the incarcerated parent is 3674 in the best interest of the child. When determining harm, the 3675 court shall consider the following factors: 3676 a. The age of the child. 3677 b. The relationship between the child and the parent. 3678 c. The nature of the parent’s current and past provision 3679 for the child’s developmental, cognitive, psychological, and 3680 physical needs. 3681 d. The parent’s history of criminal behavior, which may 3682 include the frequency of incarceration and the unavailability of 3683 the parent to the child due to incarceration. 3684 e. Any other factor the court deems relevant. 3685 (n) The parent is convicted of an offense that requires the 3686 parent to register as a sexual predator under s. 775.21. 3687 Section 67. For the purpose of incorporating the amendment 3688 made by this act to section 775.21, Florida Statutes, in a 3689 reference thereto, paragraph (b) of subsection (4) of section 3690 63.089, Florida Statutes, is reenacted to read: 3691 63.089 Proceeding to terminate parental rights pending 3692 adoption; hearing; grounds; dismissal of petition; judgment.— 3693 (4) FINDING OF ABANDONMENT.—A finding of abandonment 3694 resulting in a termination of parental rights must be based upon 3695 clear and convincing evidence that a parent or person having 3696 legal custody has abandoned the child in accordance with the 3697 definition contained in s. 63.032. A finding of abandonment may 3698 also be based upon emotional abuse or a refusal to provide 3699 reasonable financial support, when able, to a birth mother 3700 during her pregnancy or on whether the person alleged to have 3701 abandoned the child, while being able, failed to establish 3702 contact with the child or accept responsibility for the child’s 3703 welfare. 3704 (b) The child has been abandoned when the parent of a child 3705 is incarcerated on or after October 1, 2001, in a federal, 3706 state, or county correctional institution and: 3707 1. The period of time for which the parent has been or is 3708 expected to be incarcerated will constitute a significant 3709 portion of the child’s minority. In determining whether the 3710 period of time is significant, the court shall consider the 3711 child’s age and the child’s need for a permanent and stable 3712 home. The period of time begins on the date that the parent 3713 enters into incarceration; 3714 2. The incarcerated parent has been determined by a court 3715 of competent jurisdiction to be a violent career criminal as 3716 defined in s. 775.084, a habitual violent felony offender as 3717 defined in s. 775.084, convicted of child abuse as defined in s. 3718 827.03, or a sexual predator as defined in s. 775.21; has been 3719 convicted of first degree or second degree murder in violation 3720 of s. 782.04 or a sexual battery that constitutes a capital, 3721 life, or first degree felony violation of s. 794.011; or has 3722 been convicted of a substantially similar offense in another 3723 jurisdiction. As used in this section, the term “substantially 3724 similar offense” means any offense that is substantially similar 3725 in elements and penalties to one of those listed in this 3726 subparagraph, and that is in violation of a law of any other 3727 jurisdiction, whether that of another state, the District of 3728 Columbia, the United States or any possession or territory 3729 thereof, or any foreign jurisdiction; or 3730 3. The court determines by clear and convincing evidence 3731 that continuing the parental relationship with the incarcerated 3732 parent would be harmful to the child and, for this reason, 3733 termination of the parental rights of the incarcerated parent is 3734 in the best interests of the child. 3735 Section 68. For the purpose of incorporating the amendment 3736 made by this act to section 775.21, Florida Statutes, in a 3737 reference thereto, subsection (3) of section 63.092, Florida 3738 Statutes, is reenacted to read: 3739 63.092 Report to the court of intended placement by an 3740 adoption entity; at-risk placement; preliminary study.— 3741 (3) PRELIMINARY HOME STUDY.—Before placing the minor in the 3742 intended adoptive home, a preliminary home study must be 3743 performed by a licensed child-placing agency, a child-caring 3744 agency registered under s. 409.176, a licensed professional, or 3745 an agency described in s. 61.20(2), unless the adoptee is an 3746 adult or the petitioner is a stepparent or a relative. If the 3747 adoptee is an adult or the petitioner is a stepparent or a 3748 relative, a preliminary home study may be required by the court 3749 for good cause shown. The department is required to perform the 3750 preliminary home study only if there is no licensed child 3751 placing agency, child-caring agency registered under s. 409.176, 3752 licensed professional, or agency described in s. 61.20(2), in 3753 the county where the prospective adoptive parents reside. The 3754 preliminary home study must be made to determine the suitability 3755 of the intended adoptive parents and may be completed prior to 3756 identification of a prospective adoptive minor. A favorable 3757 preliminary home study is valid for 1 year after the date of its 3758 completion. Upon its completion, a signed copy of the home study 3759 must be provided to the intended adoptive parents who were the 3760 subject of the home study. A minor may not be placed in an 3761 intended adoptive home before a favorable preliminary home study 3762 is completed unless the adoptive home is also a licensed foster 3763 home under s. 409.175. The preliminary home study must include, 3764 at a minimum: 3765 (a) An interview with the intended adoptive parents; 3766 (b) Records checks of the department’s central abuse 3767 registry and criminal records correspondence checks under s. 3768 39.0138 through the Department of Law Enforcement on the 3769 intended adoptive parents; 3770 (c) An assessment of the physical environment of the home; 3771 (d) A determination of the financial security of the 3772 intended adoptive parents; 3773 (e) Documentation of counseling and education of the 3774 intended adoptive parents on adoptive parenting; 3775 (f) Documentation that information on adoption and the 3776 adoption process has been provided to the intended adoptive 3777 parents; 3778 (g) Documentation that information on support services 3779 available in the community has been provided to the intended 3780 adoptive parents; and 3781 (h) A copy of each signed acknowledgment of receipt of 3782 disclosure required by s. 63.085. 3783 3784 If the preliminary home study is favorable, a minor may be 3785 placed in the home pending entry of the judgment of adoption. A 3786 minor may not be placed in the home if the preliminary home 3787 study is unfavorable. If the preliminary home study is 3788 unfavorable, the adoption entity may, within 20 days after 3789 receipt of a copy of the written recommendation, petition the 3790 court to determine the suitability of the intended adoptive 3791 home. A determination as to suitability under this subsection 3792 does not act as a presumption of suitability at the final 3793 hearing. In determining the suitability of the intended adoptive 3794 home, the court must consider the totality of the circumstances 3795 in the home. A minor may not be placed in a home in which there 3796 resides any person determined by the court to be a sexual 3797 predator as defined in s. 775.21 or to have been convicted of an 3798 offense listed in s. 63.089(4)(b)2. 3799 Section 69. For the purpose of incorporating the amendments 3800 made by this act to sections 775.21 and 943.0435, Florida 3801 Statutes, in references thereto, paragraph (i) of subsection (3) 3802 and subsection (6) of section 68.07, Florida Statutes, are 3803 reenacted to read: 3804 68.07 Change of name.— 3805 (3) Each petition shall be verified and show: 3806 (i) Whether the petitioner has ever been required to 3807 register as a sexual predator under s. 775.21 or as a sexual 3808 offender under s. 943.0435. 3809 (6) The clerk of the court must, within 5 business days 3810 after the filing of the final judgment, send a report of the 3811 judgment to the Department of Law Enforcement on a form to be 3812 furnished by that department. If the petitioner is required to 3813 register as a sexual predator or a sexual offender pursuant to 3814 s. 775.21 or s. 943.0435, the clerk of court shall 3815 electronically notify the Department of Law Enforcement of the 3816 name change, in a manner prescribed by that department, within 2 3817 business days after the filing of the final judgment. The 3818 Department of Law Enforcement must send a copy of the report to 3819 the Department of Highway Safety and Motor Vehicles, which may 3820 be delivered by electronic transmission. The report must contain 3821 sufficient information to identify the petitioner, including the 3822 results of the criminal history records check if applicable, the 3823 new name of the petitioner, and the file number of the judgment. 3824 The Department of Highway Safety and Motor Vehicles shall 3825 monitor the records of any sexual predator or sexual offender 3826 whose name has been provided to it by the Department of Law 3827 Enforcement. If the sexual predator or sexual offender does not 3828 obtain a replacement driver license or identification card 3829 within the required time as specified in s. 775.21 or s. 3830 943.0435, the Department of Highway Safety and Motor Vehicles 3831 shall notify the Department of Law Enforcement. The Department 3832 of Law Enforcement shall notify applicable law enforcement 3833 agencies of the predator’s or offender’s failure to comply with 3834 registration requirements. Any information retained by the 3835 Department of Law Enforcement and the Department of Highway 3836 Safety and Motor Vehicles may be revised or supplemented by said 3837 departments to reflect changes made by the final judgment. With 3838 respect to a person convicted of a felony in another state or of 3839 a federal offense, the Department of Law Enforcement must send 3840 the report to the respective state’s office of law enforcement 3841 records or to the office of the Federal Bureau of Investigation. 3842 The Department of Law Enforcement may forward the report to any 3843 other law enforcement agency it believes may retain information 3844 related to the petitioner. 3845 Section 70. For the purpose of incorporating the amendments 3846 made by this act to sections 775.21 and 943.0435, Florida 3847 Statutes, in references thereto, paragraph (b) of subsection (1) 3848 of section 92.55, Florida Statutes, is reenacted to read: 3849 92.55 Judicial or other proceedings involving victim or 3850 witness under the age of 18, a person who has an intellectual 3851 disability, or a sexual offense victim or witness; special 3852 protections; use of therapy animals or facility dogs.— 3853 (1) For purposes of this section, the term: 3854 (b) “Sexual offense” means any offense specified in s. 3855 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I). 3856 Section 71. For the purpose of incorporating the amendment 3857 made by this act to section 16.56, Florida Statutes, in a 3858 reference thereto, paragraph (b) of subsection (1) of section 3859 92.605, Florida Statutes, is reenacted to read: 3860 92.605 Production of certain records by Florida businesses 3861 and out-of-state corporations.— 3862 (1) For the purposes of this section, the term: 3863 (b) “Applicant” means a law enforcement officer who is 3864 seeking a court order or subpoena under s. 16.56, s. 27.04, s. 3865 905.185, or s. 914.04 or who is issued a search warrant under s. 3866 933.01, or anyone who is authorized to issue a subpoena under 3867 the Florida Rules of Criminal Procedure. 3868 Section 72. For the purpose of incorporating the amendments 3869 made by this act to sections 775.21, 943.0435, and 944.607, 3870 Florida Statutes, in references thereto, subsection (3) of 3871 section 322.141, Florida Statutes, is reenacted to read: 3872 322.141 Color or markings of certain licenses or 3873 identification cards.— 3874 (3) All licenses for the operation of motor vehicles or 3875 identification cards originally issued or reissued by the 3876 department to persons who are designated as sexual predators 3877 under s. 775.21 or subject to registration as sexual offenders 3878 under s. 943.0435 or s. 944.607, or who have a similar 3879 designation or are subject to a similar registration under the 3880 laws of another jurisdiction, shall have on the front of the 3881 license or identification card the following: 3882 (a) For a person designated as a sexual predator under s. 3883 775.21 or who has a similar designation under the laws of 3884 another jurisdiction, the marking “SEXUAL PREDATOR.” 3885 (b) For a person subject to registration as a sexual 3886 offender under s. 943.0435 or s. 944.607, or subject to a 3887 similar registration under the laws of another jurisdiction, the 3888 marking “943.0435, F.S.” 3889 Section 73. For the purpose of incorporating the amendment 3890 made by this act to section 775.0877, Florida Statutes, in a 3891 reference thereto, paragraph (h) of subsection (2) of section 3892 381.004, Florida Statutes, is reenacted to read: 3893 381.004 HIV testing.— 3894 (2) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT; 3895 RESULTS; COUNSELING; CONFIDENTIALITY.— 3896 (h) Paragraph (a) does not apply: 3897 1. When testing for sexually transmissible diseases is 3898 required by state or federal law, or by rule, including the 3899 following situations: 3900 a. HIV testing pursuant to s. 796.08 of persons convicted 3901 of prostitution or of procuring another to commit prostitution. 3902 b. HIV testing of inmates pursuant to s. 945.355 before 3903 their release from prison by reason of parole, accumulation of 3904 gain-time credits, or expiration of sentence. 3905 c. Testing for HIV by a medical examiner in accordance with 3906 s. 406.11. 3907 d. HIV testing of pregnant women pursuant to s. 384.31. 3908 2. To those exceptions provided for blood, plasma, organs, 3909 skin, semen, or other human tissue pursuant to s. 381.0041. 3910 3. For the performance of an HIV-related test by licensed 3911 medical personnel in bona fide medical emergencies if the test 3912 results are necessary for medical diagnostic purposes to provide 3913 appropriate emergency care or treatment to the person being 3914 tested and the patient is unable to consent, as supported by 3915 documentation in the medical record. Notification of test 3916 results in accordance with paragraph (c) is required. 3917 4. For the performance of an HIV-related test by licensed 3918 medical personnel for medical diagnosis of acute illness where, 3919 in the opinion of the attending physician, providing 3920 notification would be detrimental to the patient, as supported 3921 by documentation in the medical record, and the test results are 3922 necessary for medical diagnostic purposes to provide appropriate 3923 care or treatment to the person being tested. Notification of 3924 test results in accordance with paragraph (c) is required if it 3925 would not be detrimental to the patient. This subparagraph does 3926 not authorize the routine testing of patients for HIV infection 3927 without notification. 3928 5. If HIV testing is performed as part of an autopsy for 3929 which consent was obtained pursuant to s. 872.04. 3930 6. For the performance of an HIV test upon a defendant 3931 pursuant to the victim’s request in a prosecution for any type 3932 of sexual battery where a blood sample is taken from the 3933 defendant voluntarily, pursuant to court order for any purpose, 3934 or pursuant to s. 775.0877, s. 951.27, or s. 960.003; however, 3935 the results of an HIV test performed shall be disclosed solely 3936 to the victim and the defendant, except as provided in ss. 3937 775.0877, 951.27, and 960.003. 3938 7. If an HIV test is mandated by court order. 3939 8. For epidemiological research pursuant to s. 381.0031, 3940 for research consistent with institutional review boards created 3941 by 45 C.F.R. part 46, or for the performance of an HIV-related 3942 test for the purpose of research, if the testing is performed in 3943 a manner by which the identity of the test subject is not known 3944 and may not be retrieved by the researcher. 3945 9. If human tissue is collected lawfully without the 3946 consent of the donor for corneal removal as authorized by s. 3947 765.5185 or enucleation of the eyes as authorized by s. 765.519. 3948 10. For the performance of an HIV test upon an individual 3949 who comes into contact with medical personnel in such a way that 3950 a significant exposure has occurred during the course of 3951 employment, within the scope of practice, or during the course 3952 of providing emergency medical assistance to the individual. The 3953 term “medical personnel” includes a licensed or certified health 3954 care professional; an employee of a health care professional or 3955 health care facility; employees of a laboratory licensed under 3956 chapter 483; personnel of a blood bank or plasma center; a 3957 medical student or other student who is receiving training as a 3958 health care professional at a health care facility; and a 3959 paramedic or emergency medical technician certified by the 3960 department to perform life-support procedures under s. 401.23. 3961 a. The occurrence of a significant exposure shall be 3962 documented by medical personnel under the supervision of a 3963 licensed physician and recorded only in the personnel record of 3964 the medical personnel. 3965 b. Costs of an HIV test shall be borne by the medical 3966 personnel or the employer of the medical personnel. However, 3967 costs of testing or treatment not directly related to the 3968 initial HIV tests or costs of subsequent testing or treatment 3969 may not be borne by the medical personnel or the employer of the 3970 medical personnel. 3971 c. In order to use the provisions of this subparagraph, the 3972 medical personnel must be tested for HIV pursuant to this 3973 section or provide the results of an HIV test taken within 6 3974 months before the significant exposure if such test results are 3975 negative. 3976 d. A person who receives the results of an HIV test 3977 pursuant to this subparagraph shall maintain the confidentiality 3978 of the information received and of the persons tested. Such 3979 confidential information is exempt from s. 119.07(1). 3980 e. If the source of the exposure is not available and will 3981 not voluntarily present himself or herself to a health facility 3982 to be tested for HIV, the medical personnel or the employer of 3983 such person acting on behalf of the employee may seek a court 3984 order directing the source of the exposure to submit to HIV 3985 testing. A sworn statement by a physician licensed under chapter 3986 458 or chapter 459 that a significant exposure has occurred and 3987 that, in the physician’s medical judgment, testing is medically 3988 necessary to determine the course of treatment constitutes 3989 probable cause for the issuance of an order by the court. The 3990 results of the test shall be released to the source of the 3991 exposure and to the person who experienced the exposure. 3992 11. For the performance of an HIV test upon an individual 3993 who comes into contact with nonmedical personnel in such a way 3994 that a significant exposure has occurred while the nonmedical 3995 personnel provides emergency medical assistance during a medical 3996 emergency. For the purposes of this subparagraph, a medical 3997 emergency means an emergency medical condition outside of a 3998 hospital or health care facility that provides physician care. 3999 The test may be performed only during the course of treatment 4000 for the medical emergency. 4001 a. The occurrence of a significant exposure shall be 4002 documented by medical personnel under the supervision of a 4003 licensed physician and recorded in the medical record of the 4004 nonmedical personnel. 4005 b. Costs of any HIV test shall be borne by the nonmedical 4006 personnel or the employer of the nonmedical personnel. However, 4007 costs of testing or treatment not directly related to the 4008 initial HIV tests or costs of subsequent testing or treatment 4009 may not be borne by the nonmedical personnel or the employer of 4010 the nonmedical personnel. 4011 c. In order to use the provisions of this subparagraph, the 4012 nonmedical personnel shall be tested for HIV pursuant to this 4013 section or shall provide the results of an HIV test taken within 4014 6 months before the significant exposure if such test results 4015 are negative. 4016 d. A person who receives the results of an HIV test 4017 pursuant to this subparagraph shall maintain the confidentiality 4018 of the information received and of the persons tested. Such 4019 confidential information is exempt from s. 119.07(1). 4020 e. If the source of the exposure is not available and will 4021 not voluntarily present himself or herself to a health facility 4022 to be tested for HIV, the nonmedical personnel or the employer 4023 of the nonmedical personnel acting on behalf of the employee may 4024 seek a court order directing the source of the exposure to 4025 submit to HIV testing. A sworn statement by a physician licensed 4026 under chapter 458 or chapter 459 that a significant exposure has 4027 occurred and that, in the physician’s medical judgment, testing 4028 is medically necessary to determine the course of treatment 4029 constitutes probable cause for the issuance of an order by the 4030 court. The results of the test shall be released to the source 4031 of the exposure and to the person who experienced the exposure. 4032 12. For the performance of an HIV test by the medical 4033 examiner or attending physician upon an individual who expired 4034 or could not be resuscitated while receiving emergency medical 4035 assistance or care and who was the source of a significant 4036 exposure to medical or nonmedical personnel providing such 4037 assistance or care. 4038 a. HIV testing may be conducted only after appropriate 4039 medical personnel under the supervision of a licensed physician 4040 documents in the medical record of the medical personnel or 4041 nonmedical personnel that there has been a significant exposure 4042 and that, in accordance with the written protocols based on the 4043 National Centers for Disease Control and Prevention guidelines 4044 on HIV postexposure prophylaxis and in the physician’s medical 4045 judgment, the information is medically necessary to determine 4046 the course of treatment for the medical personnel or nonmedical 4047 personnel. 4048 b. Costs of an HIV test performed under this subparagraph 4049 may not be charged to the deceased or to the family of the 4050 deceased person. 4051 c. For this subparagraph to be applicable, the medical 4052 personnel or nonmedical personnel must be tested for HIV under 4053 this section or must provide the results of an HIV test taken 4054 within 6 months before the significant exposure if such test 4055 results are negative. 4056 d. A person who receives the results of an HIV test 4057 pursuant to this subparagraph shall comply with paragraph (e). 4058 13. For the performance of an HIV-related test medically 4059 indicated by licensed medical personnel for medical diagnosis of 4060 a hospitalized infant as necessary to provide appropriate care 4061 and treatment of the infant if, after a reasonable attempt, a 4062 parent cannot be contacted to provide consent. The medical 4063 records of the infant must reflect the reason consent of the 4064 parent was not initially obtained. Test results shall be 4065 provided to the parent when the parent is located. 4066 14. For the performance of HIV testing conducted to monitor 4067 the clinical progress of a patient previously diagnosed to be 4068 HIV positive. 4069 15. For the performance of repeated HIV testing conducted 4070 to monitor possible conversion from a significant exposure. 4071 Section 74. For the purpose of incorporating the amendment 4072 made by this act to section 775.0877, Florida Statutes, in 4073 references thereto, paragraph (c) of subsection (1) and 4074 subsection (3) of section 384.29, Florida Statutes, are 4075 reenacted to read: 4076 384.29 Confidentiality.— 4077 (1) All information and records held by the department or 4078 its authorized representatives relating to known or suspected 4079 cases of sexually transmissible diseases are strictly 4080 confidential and exempt from the provisions of s. 119.07(1). 4081 Such information shall not be released or made public by the 4082 department or its authorized representatives, or by a court or 4083 parties to a lawsuit upon revelation by subpoena, except under 4084 the following circumstances: 4085 (c) When made to medical personnel, appropriate state 4086 agencies, public health agencies, or courts of appropriate 4087 jurisdiction, to enforce the provisions of this chapter or s. 4088 775.0877 and related rules; 4089 (3) No employee of the department or its authorized 4090 representatives shall be examined in a civil, criminal, special, 4091 or other proceeding as to the existence or contents of pertinent 4092 records of a person examined or treated for a sexually 4093 transmissible disease by the department or its authorized 4094 representatives, or of the existence or contents of such reports 4095 received from a private physician or private health facility, 4096 without the consent of the person examined and treated for such 4097 diseases, except in proceedings under ss. 384.27 and 384.28 or 4098 involving offenders pursuant to s. 775.0877. 4099 Section 75. For the purpose of incorporating the amendment 4100 made by this act to section 39.01, Florida Statutes, in 4101 references thereto, paragraphs (b) and (e) of subsection (2) of 4102 section 390.01114, Florida Statutes, are reenacted to read: 4103 390.01114 Parental Notice of Abortion Act.— 4104 (2) DEFINITIONS.—As used in this section, the term: 4105 (b) “Child abuse” means abandonment, abuse, harm, mental 4106 injury, neglect, physical injury, or sexual abuse of a child as 4107 those terms are defined in ss. 39.01, 827.04, and 984.03. 4108 (e) “Sexual abuse” has the meaning ascribed in s. 39.01. 4109 Section 76. For the purpose of incorporating the amendment 4110 made by this act to section 39.01, Florida Statutes, in 4111 references thereto, paragraph (h) of subsection (4) and 4112 subsections (7) and (9) of section 393.067, Florida Statutes, 4113 are reenacted to read: 4114 393.067 Facility licensure.— 4115 (4) The application shall be under oath and shall contain 4116 the following: 4117 (h) Certification that the staff of the facility or program 4118 will receive training to detect, report, and prevent sexual 4119 abuse, abuse, neglect, exploitation, and abandonment, as defined 4120 in ss. 39.01 and 415.102, of residents and clients. 4121 (7) The agency shall adopt rules establishing minimum 4122 standards for facilities and programs licensed under this 4123 section, including rules requiring facilities and programs to 4124 train staff to detect, report, and prevent sexual abuse, abuse, 4125 neglect, exploitation, and abandonment, as defined in ss. 39.01 4126 and 415.102, of residents and clients, minimum standards of 4127 quality and adequacy of client care, incident reporting 4128 requirements, and uniform firesafety standards established by 4129 the State Fire Marshal which are appropriate to the size of the 4130 facility or of the component centers or units of the program. 4131 (9) The agency may conduct unannounced inspections to 4132 determine compliance by foster care facilities, group home 4133 facilities, residential habilitation centers, and comprehensive 4134 transitional education programs with the applicable provisions 4135 of this chapter and the rules adopted pursuant hereto, including 4136 the rules adopted for training staff of a facility or a program 4137 to detect, report, and prevent sexual abuse, abuse, neglect, 4138 exploitation, and abandonment, as defined in ss. 39.01 and 4139 415.102, of residents and clients. The facility or program shall 4140 make copies of inspection reports available to the public upon 4141 request. 4142 Section 77. For the purpose of incorporating the amendment 4143 made by this act to section 39.01, Florida Statutes, in a 4144 reference thereto, paragraph (p) of subsection (4) of section 4145 394.495, Florida Statutes, is reenacted to read: 4146 394.495 Child and adolescent mental health system of care; 4147 programs and services.— 4148 (4) The array of services may include, but is not limited 4149 to: 4150 (p) Trauma-informed services for children who have suffered 4151 sexual exploitation as defined in s. 39.01(71)(g). 4152 Section 78. For the purpose of incorporating the amendment 4153 made by this act to section 943.0435, Florida Statutes, in a 4154 reference thereto, paragraph (a) of subsection (2) of section 4155 394.9125, Florida Statutes, is reenacted to read: 4156 394.9125 State attorney; authority to refer a person for 4157 civil commitment.— 4158 (2) A state attorney may refer a person to the department 4159 for civil commitment proceedings if the person: 4160 (a) Is required to register as a sexual offender pursuant 4161 to s. 943.0435; 4162 Section 79. For the purpose of incorporating the amendments 4163 made by this act to sections 775.21, 943.0435, and 943.04354, 4164 Florida Statutes, in references thereto, paragraphs (a) and (c) 4165 of subsection (2) of section 397.4872, Florida Statutes, are 4166 reenacted to read: 4167 397.4872 Exemption from disqualification; publication.— 4168 (2) The department may exempt a person from ss. 397.487(6) 4169 and 397.4871(5) if it has been at least 3 years since the person 4170 has completed or been lawfully released from confinement, 4171 supervision, or sanction for the disqualifying offense. An 4172 exemption from the disqualifying offenses may not be given under 4173 any circumstances for any person who is a: 4174 (a) Sexual predator pursuant to s. 775.21; 4175 (c) Sexual offender pursuant to s. 943.0435, unless the 4176 requirement to register as a sexual offender has been removed 4177 pursuant to s. 943.04354. 4178 Section 80. For the purpose of incorporating the amendments 4179 made by this act to sections 775.21, 943.0435, and 943.04354, 4180 Florida Statutes, in references thereto, paragraph (b) of 4181 subsection (4) of section 435.07, Florida Statutes, is reenacted 4182 to read: 4183 435.07 Exemptions from disqualification.—Unless otherwise 4184 provided by law, the provisions of this section apply to 4185 exemptions from disqualification for disqualifying offenses 4186 revealed pursuant to background screenings required under this 4187 chapter, regardless of whether those disqualifying offenses are 4188 listed in this chapter or other laws. 4189 (4) 4190 (b) Disqualification from employment under this chapter may 4191 not be removed from, nor may an exemption be granted to, any 4192 person who is a: 4193 1. Sexual predator as designated pursuant to s. 775.21; 4194 2. Career offender pursuant to s. 775.261; or 4195 3. Sexual offender pursuant to s. 943.0435, unless the 4196 requirement to register as a sexual offender has been removed 4197 pursuant to s. 943.04354. 4198 Section 81. For the purpose of incorporating the amendment 4199 made by this act to section 775.21, Florida Statutes, in a 4200 reference thereto, subsection (9) of section 507.07, Florida 4201 Statutes, is reenacted to read: 4202 507.07 Violations.—It is a violation of this chapter: 4203 (9) For a mover or a moving broker to knowingly refuse or 4204 fail to disclose in writing to a customer before a household 4205 move that the mover, or an employee or subcontractor of the 4206 mover or moving broker, who has access to the dwelling or 4207 property of the customer, including access to give a quote for 4208 the move, has been convicted of a felony listed in s. 4209 775.21(4)(a)1. or convicted of a similar offense of another 4210 jurisdiction, regardless of when such felony offense was 4211 committed. 4212 Section 82. For the purpose of incorporating the amendment 4213 made by this act to section 895.02, Florida Statutes, in a 4214 reference thereto, paragraph (g) of subsection (3) of section 4215 655.50, Florida Statutes, is reenacted to read: 4216 655.50 Florida Control of Money Laundering and Terrorist 4217 Financing in Financial Institutions Act.— 4218 (3) As used in this section, the term: 4219 (g) “Specified unlawful activity” means “racketeering 4220 activity” as defined in s. 895.02. 4221 Section 83. For the purpose of incorporating the amendment 4222 made by this act to section 784.046, Florida Statutes, in a 4223 reference thereto, paragraph (e) of subsection (1) of section 4224 741.313, Florida Statutes, is reenacted to read: 4225 741.313 Unlawful action against employees seeking 4226 protection.— 4227 (1) As used in this section, the term: 4228 (e) “Sexual violence” means sexual violence, as defined in 4229 s. 784.046, or any crime the underlying factual basis of which 4230 has been found by a court to include an act of sexual violence. 4231 Section 84. For the purpose of incorporating the amendment 4232 made by this act to section 947.1405, Florida Statutes, in a 4233 reference thereto, paragraph (j) of subsection (4) of section 4234 775.084, Florida Statutes, is reenacted to read: 4235 775.084 Violent career criminals; habitual felony offenders 4236 and habitual violent felony offenders; three-time violent felony 4237 offenders; definitions; procedure; enhanced penalties or 4238 mandatory minimum prison terms.— 4239 (4) 4240 (j) The provisions of s. 947.1405 shall apply to persons 4241 sentenced as habitual felony offenders and persons sentenced as 4242 habitual violent felony offenders. 4243 Section 85. For the purpose of incorporating the amendment 4244 made by this act to section 943.0435, Florida Statutes, in a 4245 reference thereto, subsection (2) of section 775.0862, Florida 4246 Statutes, is reenacted to read: 4247 775.0862 Sexual offenses against students by authority 4248 figures; reclassification.— 4249 (2) The felony degree of a violation of an offense listed 4250 in s. 943.0435(1)(h)1.a., unless the offense is a violation of 4251 s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified 4252 as provided in this section if the offense is committed by an 4253 authority figure of a school against a student of the school. 4254 Section 86. For the purpose of incorporating the amendments 4255 made by this act to sections 775.21, 943.0435, and 944.607, 4256 Florida Statutes, in references thereto, paragraphs (e) and (f) 4257 of subsection (4) of section 775.13, Florida Statutes, are 4258 reenacted to read: 4259 775.13 Registration of convicted felons, exemptions; 4260 penalties.— 4261 (4) This section does not apply to an offender: 4262 (e) Who is a sexual predator and has registered as required 4263 under s. 775.21; 4264 (f) Who is a sexual offender and has registered as required 4265 in s. 943.0435 or s. 944.607; or 4266 Section 87. For the purpose of incorporating the amendments 4267 made by this act to sections 943.0435, 944.607, 947.1405, and 4268 948.30, Florida Statutes, in references thereto, paragraph (b) 4269 of subsection (3), paragraph (d) of subsection (5), paragraph 4270 (f) of subsection (6), and paragraph (c) of subsection (10) of 4271 section 775.21, Florida Statutes, are reenacted to read: 4272 775.21 The Florida Sexual Predators Act.— 4273 (3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE INTENT.— 4274 (b) The high level of threat that a sexual predator 4275 presents to the public safety, and the long-term effects 4276 suffered by victims of sex offenses, provide the state with 4277 sufficient justification to implement a strategy that includes: 4278 1. Incarcerating sexual predators and maintaining adequate 4279 facilities to ensure that decisions to release sexual predators 4280 into the community are not made on the basis of inadequate 4281 space. 4282 2. Providing for specialized supervision of sexual 4283 predators who are in the community by specially trained 4284 probation officers with low caseloads, as described in ss. 4285 947.1405(7) and 948.30. The sexual predator is subject to 4286 specified terms and conditions implemented at sentencing or at 4287 the time of release from incarceration, with a requirement that 4288 those who are financially able must pay all or part of the costs 4289 of supervision. 4290 3. Requiring the registration of sexual predators, with a 4291 requirement that complete and accurate information be maintained 4292 and accessible for use by law enforcement authorities, 4293 communities, and the public. 4294 4. Providing for community and public notification 4295 concerning the presence of sexual predators. 4296 5. Prohibiting sexual predators from working with children, 4297 either for compensation or as a volunteer. 4298 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated 4299 as a sexual predator as follows: 4300 (d) A person who establishes or maintains a residence in 4301 this state and who has not been designated as a sexual predator 4302 by a court of this state but who has been designated as a sexual 4303 predator, as a sexually violent predator, or by another sexual 4304 offender designation in another state or jurisdiction and was, 4305 as a result of such designation, subjected to registration or 4306 community or public notification, or both, or would be if the 4307 person was a resident of that state or jurisdiction, without 4308 regard to whether the person otherwise meets the criteria for 4309 registration as a sexual offender, shall register in the manner 4310 provided in s. 943.0435 or s. 944.607 and shall be subject to 4311 community and public notification as provided in s. 943.0435 or 4312 s. 944.607. A person who meets the criteria of this section is 4313 subject to the requirements and penalty provisions of s. 4314 943.0435 or s. 944.607 until the person provides the department 4315 with an order issued by the court that designated the person as 4316 a sexual predator, as a sexually violent predator, or by another 4317 sexual offender designation in the state or jurisdiction in 4318 which the order was issued which states that such designation 4319 has been removed or demonstrates to the department that such 4320 designation, if not imposed by a court, has been removed by 4321 operation of law or court order in the state or jurisdiction in 4322 which the designation was made, and provided such person no 4323 longer meets the criteria for registration as a sexual offender 4324 under the laws of this state. 4325 (6) REGISTRATION.— 4326 (f) Within 48 hours after the registration required under 4327 paragraph (a) or paragraph (e), a sexual predator who is not 4328 incarcerated and who resides in the community, including a 4329 sexual predator under the supervision of the Department of 4330 Corrections, shall register in person at a driver license office 4331 of the Department of Highway Safety and Motor Vehicles and shall 4332 present proof of registration unless a driver license or an 4333 identification card that complies with the requirements of s. 4334 322.141(3) was previously secured or updated under s. 944.607. 4335 At the driver license office the sexual predator shall: 4336 1. If otherwise qualified, secure a Florida driver license, 4337 renew a Florida driver license, or secure an identification 4338 card. The sexual predator shall identify himself or herself as a 4339 sexual predator who is required to comply with this section, 4340 provide his or her place of permanent, temporary, or transient 4341 residence, including a rural route address and a post office 4342 box, and submit to the taking of a photograph for use in issuing 4343 a driver license, a renewed license, or an identification card, 4344 and for use by the department in maintaining current records of 4345 sexual predators. A post office box may not be provided in lieu 4346 of a physical residential address. If the sexual predator’s 4347 place of residence is a motor vehicle, trailer, mobile home, or 4348 manufactured home, as defined in chapter 320, the sexual 4349 predator shall also provide to the Department of Highway Safety 4350 and Motor Vehicles the vehicle identification number; the 4351 license tag number; the registration number; and a description, 4352 including color scheme, of the motor vehicle, trailer, mobile 4353 home, or manufactured home. If a sexual predator’s place of 4354 residence is a vessel, live-aboard vessel, or houseboat, as 4355 defined in chapter 327, the sexual predator shall also provide 4356 to the Department of Highway Safety and Motor Vehicles the hull 4357 identification number; the manufacturer’s serial number; the 4358 name of the vessel, live-aboard vessel, or houseboat; the 4359 registration number; and a description, including color scheme, 4360 of the vessel, live-aboard vessel, or houseboat. 4361 2. Pay the costs assessed by the Department of Highway 4362 Safety and Motor Vehicles for issuing or renewing a driver 4363 license or an identification card as required by this section. 4364 The driver license or identification card issued to the sexual 4365 predator must comply with s. 322.141(3). 4366 3. Provide, upon request, any additional information 4367 necessary to confirm the identity of the sexual predator, 4368 including a set of fingerprints. 4369 (10) PENALTIES.— 4370 (c) Any person who misuses public records information 4371 relating to a sexual predator, as defined in this section, or a 4372 sexual offender, as defined in s. 943.0435 or s. 944.607, to 4373 secure a payment from such a predator or offender; who knowingly 4374 distributes or publishes false information relating to such a 4375 predator or offender which the person misrepresents as being 4376 public records information; or who materially alters public 4377 records information with the intent to misrepresent the 4378 information, including documents, summaries of public records 4379 information provided by law enforcement agencies, or public 4380 records information displayed by law enforcement agencies on 4381 websites or provided through other means of communication, 4382 commits a misdemeanor of the first degree, punishable as 4383 provided in s. 775.082 or s. 775.083. 4384 Section 88. For the purpose of incorporating the amendments 4385 made by this act to sections 943.0435, 944.606, and 944.607, 4386 Florida Statutes, in references thereto, subsection (2) of 4387 section 775.24, Florida Statutes, is reenacted to read: 4388 775.24 Duty of the court to uphold laws governing sexual 4389 predators and sexual offenders.— 4390 (2) If a person meets the criteria in this chapter for 4391 designation as a sexual predator or meets the criteria in s. 4392 943.0435, s. 944.606, s. 944.607, or any other law for 4393 classification as a sexual offender, the court may not enter an 4394 order, for the purpose of approving a plea agreement or for any 4395 other reason, which: 4396 (a) Exempts a person who meets the criteria for designation 4397 as a sexual predator or classification as a sexual offender from 4398 such designation or classification, or exempts such person from 4399 the requirements for registration or community and public 4400 notification imposed upon sexual predators and sexual offenders; 4401 (b) Restricts the compiling, reporting, or release of 4402 public records information that relates to sexual predators or 4403 sexual offenders; or 4404 (c) Prevents any person or entity from performing its 4405 duties or operating within its statutorily conferred authority 4406 as such duty or authority relates to sexual predators or sexual 4407 offenders. 4408 Section 89. For the purpose of incorporating the amendments 4409 made by this act to sections 775.21, 943.0435, 944.606, and 4410 944.607, Florida Statutes, in references thereto, section 4411 775.25, Florida Statutes, is reenacted to read: 4412 775.25 Prosecutions for acts or omissions.—A sexual 4413 predator or sexual offender who commits any act or omission in 4414 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s. 4415 944.607, or former s. 947.177 may be prosecuted for the act or 4416 omission in the county in which the act or omission was 4417 committed, in the county of the last registered address of the 4418 sexual predator or sexual offender, in the county in which the 4419 conviction occurred for the offense or offenses that meet the 4420 criteria for designating a person as a sexual predator or sexual 4421 offender, in the county where the sexual predator or sexual 4422 offender was released from incarceration, or in the county of 4423 the intended address of the sexual predator or sexual offender 4424 as reported by the predator or offender prior to his or her 4425 release from incarceration. In addition, a sexual predator may 4426 be prosecuted for any such act or omission in the county in 4427 which he or she was designated a sexual predator. 4428 Section 90. For the purpose of incorporating the amendments 4429 made by this act to sections 775.21, 943.0435, and 944.607, 4430 Florida Statutes, in references thereto, paragraph (b) of 4431 subsection (3) of section 775.261, Florida Statutes, is 4432 reenacted to read: 4433 775.261 The Florida Career Offender Registration Act.— 4434 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.— 4435 (b) This section does not apply to any person who has been 4436 designated as a sexual predator and required to register under 4437 s. 775.21 or who is required to register as a sexual offender 4438 under s. 943.0435 or s. 944.607. However, if a person is no 4439 longer required to register as a sexual predator under s. 775.21 4440 or as a sexual offender under s. 943.0435 or s. 944.607, the 4441 person must register as a career offender under this section if 4442 the person is otherwise designated as a career offender as 4443 provided in this section. 4444 Section 91. For the purpose of incorporating the amendment 4445 made by this act to section 847.001, Florida Statutes, in a 4446 reference thereto, paragraph (d) of subsection (2) of section 4447 784.049, Florida Statutes, is reenacted to read: 4448 784.049 Sexual cyberharassment.— 4449 (2) As used in this section, the term: 4450 (d) “Sexually explicit image” means any image depicting 4451 nudity, as defined in s. 847.001, or depicting a person engaging 4452 in sexual conduct, as defined in s. 847.001. 4453 Section 92. For the purpose of incorporating the amendment 4454 made by this act to section 794.0115, Florida Statutes, in 4455 references thereto, paragraph (a) of subsection (2) and 4456 subsections (3), (4), and (5) of section 794.011, Florida 4457 Statutes, are reenacted to read: 4458 794.011 Sexual battery.— 4459 (2)(a) A person 18 years of age or older who commits sexual 4460 battery upon, or in an attempt to commit sexual battery injures 4461 the sexual organs of, a person less than 12 years of age commits 4462 a capital felony, punishable as provided in ss. 775.082 and 4463 921.141. 4464 (3) A person who commits sexual battery upon a person 12 4465 years of age or older, without that person’s consent, and in the 4466 process thereof uses or threatens to use a deadly weapon or uses 4467 actual physical force likely to cause serious personal injury 4468 commits a life felony, punishable as provided in s. 775.082, s. 4469 775.083, s. 775.084, or s. 794.0115. 4470 (4)(a) A person 18 years of age or older who commits sexual 4471 battery upon a person 12 years of age or older but younger than 4472 18 years of age without that person’s consent, under any of the 4473 circumstances listed in paragraph (e), commits a felony of the 4474 first degree, punishable by a term of years not exceeding life 4475 or as provided in s. 775.082, s. 775.083, s. 775.084, or s. 4476 794.0115. 4477 (b) A person 18 years of age or older who commits sexual 4478 battery upon a person 18 years of age or older without that 4479 person’s consent, under any of the circumstances listed in 4480 paragraph (e), commits a felony of the first degree, punishable 4481 as provided in s. 775.082, s. 775.083, s. 775.084, or s. 4482 794.0115. 4483 (c) A person younger than 18 years of age who commits 4484 sexual battery upon a person 12 years of age or older without 4485 that person’s consent, under any of the circumstances listed in 4486 paragraph (e), commits a felony of the first degree, punishable 4487 as provided in s. 775.082, s. 775.083, s. 775.084, or s. 4488 794.0115. 4489 (d) A person commits a felony of the first degree, 4490 punishable by a term of years not exceeding life or as provided 4491 in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the 4492 person commits sexual battery upon a person 12 years of age or 4493 older without that person’s consent, under any of the 4494 circumstances listed in paragraph (e), and such person was 4495 previously convicted of a violation of: 4496 1. Section 787.01(2) or s. 787.02(2) when the violation 4497 involved a victim who was a minor and, in the course of 4498 committing that violation, the defendant committed against the 4499 minor a sexual battery under this chapter or a lewd act under s. 4500 800.04 or s. 847.0135(5); 4501 2. Section 787.01(3)(a)2. or 3.; 4502 3. Section 787.02(3)(a)2. or 3.; 4503 4. Section 800.04; 4504 5. Section 825.1025; 4505 6. Section 847.0135(5); or 4506 7. This chapter, excluding subsection (10) of this section. 4507 (e) The following circumstances apply to paragraphs (a) 4508 (d): 4509 1. The victim is physically helpless to resist. 4510 2. The offender coerces the victim to submit by threatening 4511 to use force or violence likely to cause serious personal injury 4512 on the victim, and the victim reasonably believes that the 4513 offender has the present ability to execute the threat. 4514 3. The offender coerces the victim to submit by threatening 4515 to retaliate against the victim, or any other person, and the 4516 victim reasonably believes that the offender has the ability to 4517 execute the threat in the future. 4518 4. The offender, without the prior knowledge or consent of 4519 the victim, administers or has knowledge of someone else 4520 administering to the victim any narcotic, anesthetic, or other 4521 intoxicating substance that mentally or physically incapacitates 4522 the victim. 4523 5. The victim is mentally defective, and the offender has 4524 reason to believe this or has actual knowledge of this fact. 4525 6. The victim is physically incapacitated. 4526 7. The offender is a law enforcement officer, correctional 4527 officer, or correctional probation officer as defined in s. 4528 943.10(1), (2), (3), (6), (7), (8), or (9), who is certified 4529 under s. 943.1395 or is an elected official exempt from such 4530 certification by virtue of s. 943.253, or any other person in a 4531 position of control or authority in a probation, community 4532 control, controlled release, detention, custodial, or similar 4533 setting, and such officer, official, or person is acting in such 4534 a manner as to lead the victim to reasonably believe that the 4535 offender is in a position of control or authority as an agent or 4536 employee of government. 4537 (5)(a) A person 18 years of age or older who commits sexual 4538 battery upon a person 12 years of age or older but younger than 4539 18 years of age, without that person’s consent, and in the 4540 process does not use physical force and violence likely to cause 4541 serious personal injury commits a felony of the first degree, 4542 punishable as provided in s. 775.082, s. 775.083, s. 775.084, or 4543 s. 794.0115. 4544 (b) A person 18 years of age or older who commits sexual 4545 battery upon a person 18 years of age or older, without that 4546 person’s consent, and in the process does not use physical force 4547 and violence likely to cause serious personal injury commits a 4548 felony of the second degree, punishable as provided in s. 4549 775.082, s. 775.083, s. 775.084, or s. 794.0115. 4550 (c) A person younger than 18 years of age who commits 4551 sexual battery upon a person 12 years of age or older, without 4552 that person’s consent, and in the process does not use physical 4553 force and violence likely to cause serious personal injury 4554 commits a felony of the second degree, punishable as provided in 4555 s. 775.082, s. 775.083, s. 775.084, or s. 794.0115. 4556 (d) A person commits a felony of the first degree, 4557 punishable as provided in s. 775.082, s. 775.083, s. 775.084, or 4558 s. 794.0115 if the person commits sexual battery upon a person 4559 12 years of age or older, without that person’s consent, and in 4560 the process does not use physical force and violence likely to 4561 cause serious personal injury and the person was previously 4562 convicted of a violation of: 4563 1. Section 787.01(2) or s. 787.02(2) when the violation 4564 involved a victim who was a minor and, in the course of 4565 committing that violation, the defendant committed against the 4566 minor a sexual battery under this chapter or a lewd act under s. 4567 800.04 or s. 847.0135(5); 4568 2. Section 787.01(3)(a)2. or 3.; 4569 3. Section 787.02(3)(a)2. or 3.; 4570 4. Section 800.04; 4571 5. Section 825.1025; 4572 6. Section 847.0135(5); or 4573 7. This chapter, excluding subsection (10) of this section. 4574 Section 93. For the purpose of incorporating the amendment 4575 made by this act to section 92.56, Florida Statutes, in a 4576 reference thereto, section 794.03, Florida Statutes, is 4577 reenacted to read: 4578 794.03 Unlawful to publish or broadcast information 4579 identifying sexual offense victim.—No person shall print, 4580 publish, or broadcast, or cause or allow to be printed, 4581 published, or broadcast, in any instrument of mass communication 4582 the name, address, or other identifying fact or information of 4583 the victim of any sexual offense within this chapter, except as 4584 provided in s. 119.071(2)(h) or unless the court determines that 4585 such information is no longer confidential and exempt pursuant 4586 to s. 92.56. An offense under this section shall constitute a 4587 misdemeanor of the second degree, punishable as provided in s. 4588 775.082 or s. 775.083. 4589 Section 94. For the purpose of incorporating the amendment 4590 made by this act to section 775.21, Florida Statutes, in a 4591 reference thereto, subsection (1) of section 794.075, Florida 4592 Statutes, is reenacted to read: 4593 794.075 Sexual predators; erectile dysfunction drugs.— 4594 (1) A person may not possess a prescription drug, as 4595 defined in s. 499.003(40), for the purpose of treating erectile 4596 dysfunction if the person is designated as a sexual predator 4597 under s. 775.21. 4598 Section 95. For the purpose of incorporating the amendment 4599 made by this act to section 960.03, Florida Statutes, in 4600 references thereto, paragraph (b) of subsection (1) and 4601 subsections (2) and (3) of section 847.002, Florida Statutes, 4602 are reenacted to read: 4603 847.002 Child pornography prosecutions.— 4604 (1) Any law enforcement officer who, pursuant to a criminal 4605 investigation, recovers images or movies of child pornography 4606 shall: 4607 (b) Request the law enforcement agency contact information 4608 from the Child Victim Identification Program for any images or 4609 movies recovered which contain an identified victim of child 4610 pornography as defined in s. 960.03. 4611 (2) Any law enforcement officer submitting a case for 4612 prosecution which involves the production, promotion, or 4613 possession of child pornography shall submit to the designated 4614 prosecutor the law enforcement agency contact information 4615 provided by the Child Victim Identification Program at the 4616 National Center for Missing and Exploited Children, for any 4617 images or movies involved in the case which contain the 4618 depiction of an identified victim of child pornography as 4619 defined in s. 960.03. 4620 (3) In every filed case involving an identified victim of 4621 child pornography, as defined in s. 960.03, the prosecuting 4622 agency shall enter the following information into the Victims in 4623 Child Pornography Tracking Repeat Exploitation database 4624 maintained by the Office of the Attorney General: 4625 (a) The case number and agency file number. 4626 (b) The named defendant. 4627 (c) The circuit court division and county. 4628 (d) Current court dates and the status of the case. 4629 (e) Contact information for the prosecutor assigned. 4630 (f) Verification that the prosecutor is or is not in 4631 possession of a victim impact statement and will use the 4632 statement in sentencing. 4633 Section 96. For the purpose of incorporating the amendment 4634 made by this act to section 847.001, Florida Statutes, in a 4635 reference thereto, paragraph (b) of subsection (3) of section 4636 847.012, Florida Statutes, is reenacted to read: 4637 847.012 Harmful materials; sale or distribution to minors 4638 or using minors in production prohibited; penalty.— 4639 (3) A person may not knowingly sell, rent, or loan for 4640 monetary consideration to a minor: 4641 (b) Any book, pamphlet, magazine, printed matter however 4642 reproduced, or sound recording that contains any matter defined 4643 in s. 847.001, explicit and detailed verbal descriptions or 4644 narrative accounts of sexual excitement, or sexual conduct and 4645 that is harmful to minors. 4646 Section 97. For the purpose of incorporating the amendment 4647 made by this act to section 92.56, Florida Statutes, in a 4648 reference thereto, subsection (3) of section 847.01357, Florida 4649 Statutes, is reenacted to read: 4650 847.01357 Exploited children’s civil remedy.— 4651 (3) Any victim who has a bona fide claim under this section 4652 shall, upon request, be provided a pseudonym, pursuant to s. 4653 92.56(3), which shall be issued and maintained by the Department 4654 of Legal Affairs for use in all legal pleadings. This identifier 4655 shall be fully recognized in all courts in this state as a valid 4656 legal identity. 4657 Section 98. For the purpose of incorporating the amendment 4658 made by this act to section 847.001, Florida Statutes, in a 4659 reference thereto, subsections (2) and (3) of section 847.0138, 4660 Florida Statutes, are reenacted to read: 4661 847.0138 Transmission of material harmful to minors to a 4662 minor by electronic device or equipment prohibited; penalties.— 4663 (2) Notwithstanding ss. 847.012 and 847.0133, any person 4664 who knew or believed that he or she was transmitting an image, 4665 information, or data that is harmful to minors, as defined in s. 4666 847.001, to a specific individual known by the defendant to be a 4667 minor commits a felony of the third degree, punishable as 4668 provided in s. 775.082, s. 775.083, or s. 775.084. 4669 (3) Notwithstanding ss. 847.012 and 847.0133, any person in 4670 any jurisdiction other than this state who knew or believed that 4671 he or she was transmitting an image, information, or data that 4672 is harmful to minors, as defined in s. 847.001, to a specific 4673 individual known by the defendant to be a minor commits a felony 4674 of the third degree, punishable as provided in s. 775.082, s. 4675 775.083, or s. 775.084. 4676 4677 The provisions of this section do not apply to subscription 4678 based transmissions such as list servers. 4679 Section 99. For the purpose of incorporating the amendments 4680 made by this act to sections 16.56 and 895.02, Florida Statutes, 4681 in references thereto, paragraph (h) of subsection (2) and 4682 subsection (10) of section 896.101, Florida Statutes, are 4683 reenacted to read: 4684 896.101 Florida Money Laundering Act; definitions; 4685 penalties; injunctions; seizure warrants; immunity.— 4686 (2) As used in this section, the term: 4687 (h) “Specified unlawful activity” means any “racketeering 4688 activity” as defined in s. 895.02. 4689 (10) Any financial institution, licensed money services 4690 business, or other person served with and complying with the 4691 terms of a warrant, temporary injunction, or other court order, 4692 including any subpoena issued under s. 16.56 or s. 27.04, 4693 obtained in furtherance of an investigation of any crime in this 4694 section, including any crime listed as specified unlawful 4695 activity under this section or any felony violation of chapter 4696 560, has immunity from criminal liability and is not liable to 4697 any person for any lawful action taken in complying with the 4698 warrant, temporary injunction, or other court order, including 4699 any subpoena issued under s. 16.56 or s. 27.04. If any subpoena 4700 issued under s. 16.56 or s. 27.04 contains a nondisclosure 4701 provision, any financial institution, licensed money services 4702 business, employee or officer of a financial institution or 4703 licensed money services business, or any other person may not 4704 notify, directly or indirectly, any customer of that financial 4705 institution or money services business whose records are being 4706 sought by the subpoena, or any other person named in the 4707 subpoena, about the existence or the contents of that subpoena 4708 or about information that has been furnished to the state 4709 attorney or statewide prosecutor who issued the subpoena or 4710 other law enforcement officer named in the subpoena in response 4711 to the subpoena. 4712 Section 100. For the purpose of incorporating the 4713 amendments made by this act to sections 775.21 and 948.06, 4714 Florida Statutes, in references thereto, paragraphs (b) and (c) 4715 of subsection (1) of section 903.0351, Florida Statutes, are 4716 reenacted to read: 4717 903.0351 Restrictions on pretrial release pending 4718 probation-violation hearing or community-control-violation 4719 hearing.— 4720 (1) In the instance of an alleged violation of felony 4721 probation or community control, bail or any other form of 4722 pretrial release shall not be granted prior to the resolution of 4723 the probation-violation hearing or the community-control 4724 violation hearing to: 4725 (b) A person who is on felony probation or community 4726 control for any offense committed on or after the effective date 4727 of this act and who is arrested for a qualifying offense as 4728 defined in s. 948.06(8)(c); or 4729 (c) A person who is on felony probation or community 4730 control and has previously been found by a court to be a 4731 habitual violent felony offender as defined in s. 775.084(1)(b), 4732 a three-time violent felony offender as defined in s. 4733 775.084(1)(c), or a sexual predator under s. 775.21, and who is 4734 arrested for committing a qualifying offense as defined in s. 4735 948.06(8)(c) on or after the effective date of this act. 4736 Section 101. For the purpose of incorporating the 4737 amendments made by this act to sections 775.21 and 943.0435, 4738 Florida Statutes, in references thereto, paragraph (m) of 4739 subsection (2) of section 903.046, Florida Statutes, is 4740 reenacted to read: 4741 903.046 Purpose of and criteria for bail determination.— 4742 (2) When determining whether to release a defendant on bail 4743 or other conditions, and what that bail or those conditions may 4744 be, the court shall consider: 4745 (m) Whether the defendant, other than a defendant whose 4746 only criminal charge is a misdemeanor offense under chapter 316, 4747 is required to register as a sexual offender under s. 943.0435 4748 or a sexual predator under s. 775.21; and, if so, he or she is 4749 not eligible for release on bail or surety bond until the first 4750 appearance on the case in order to ensure the full participation 4751 of the prosecutor and the protection of the public. 4752 Section 102. For the purpose of incorporating the amendment 4753 made by this act to section 895.02, Florida Statutes, in a 4754 reference thereto, subsection (3) of section 905.34, Florida 4755 Statutes, is reenacted to read: 4756 905.34 Powers and duties; law applicable.—The jurisdiction 4757 of a statewide grand jury impaneled under this chapter shall 4758 extend throughout the state. The subject matter jurisdiction of 4759 the statewide grand jury shall be limited to the offenses of: 4760 (3) Any violation of the provisions of the Florida RICO 4761 (Racketeer Influenced and Corrupt Organization) Act, including 4762 any offense listed in the definition of racketeering activity in 4763 s. 895.02(8)(a), providing such listed offense is investigated 4764 in connection with a violation of s. 895.03 and is charged in a 4765 separate count of an information or indictment containing a 4766 count charging a violation of s. 895.03, the prosecution of 4767 which listed offense may continue independently if the 4768 prosecution of the violation of s. 895.03 is terminated for any 4769 reason; 4770 4771 or any attempt, solicitation, or conspiracy to commit any 4772 violation of the crimes specifically enumerated above, when any 4773 such offense is occurring, or has occurred, in two or more 4774 judicial circuits as part of a related transaction or when any 4775 such offense is connected with an organized criminal conspiracy 4776 affecting two or more judicial circuits. The statewide grand 4777 jury may return indictments and presentments irrespective of the 4778 county or judicial circuit where the offense is committed or 4779 triable. If an indictment is returned, it shall be certified and 4780 transferred for trial to the county where the offense was 4781 committed. The powers and duties of, and law applicable to, 4782 county grand juries shall apply to a statewide grand jury except 4783 when such powers, duties, and law are inconsistent with the 4784 provisions of ss. 905.31-905.40. 4785 Section 103. For the purpose of incorporating the 4786 amendments made by this act to sections 775.21 and 847.0135, 4787 Florida Statutes, in references thereto, paragraph (g) of 4788 subsection (3) of section 921.0022, Florida Statutes, is 4789 reenacted to read: 4790 921.0022 Criminal Punishment Code; offense severity ranking 4791 chart.— 4792 (3) OFFENSE SEVERITY RANKING CHART 4793 (g) LEVEL 7 4794 4795 4796 FloridaStatute FelonyDegree Description 4797 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 4798 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 4799 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. 4800 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 4801 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 4802 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 4803 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 4804 456.065(2) 3rd Practicing a health care profession without a license. 4805 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 4806 458.327(1) 3rd Practicing medicine without a license. 4807 459.013(1) 3rd Practicing osteopathic medicine without a license. 4808 460.411(1) 3rd Practicing chiropractic medicine without a license. 4809 461.012(1) 3rd Practicing podiatric medicine without a license. 4810 462.17 3rd Practicing naturopathy without a license. 4811 463.015(1) 3rd Practicing optometry without a license. 4812 464.016(1) 3rd Practicing nursing without a license. 4813 465.015(2) 3rd Practicing pharmacy without a license. 4814 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 4815 467.201 3rd Practicing midwifery without a license. 4816 468.366 3rd Delivering respiratory care services without a license. 4817 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 4818 483.901(7) 3rd Practicing medical physics without a license. 4819 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 4820 484.053 3rd Dispensing hearing aids without a license. 4821 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. 4822 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. 4823 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 4824 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 4825 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 4826 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 4827 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 4828 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 4829 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 4830 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 4831 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 4832 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 4833 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 4834 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 4835 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 4836 784.048(7) 3rd Aggravated stalking; violation of court order. 4837 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 4838 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 4839 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 4840 784.081(1) 1st Aggravated battery on specified official or employee. 4841 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 4842 784.083(1) 1st Aggravated battery on code inspector. 4843 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 4844 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state. 4845 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 4846 790.16(1) 1st Discharge of a machine gun under specified circumstances. 4847 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 4848 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 4849 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 4850 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 4851 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 4852 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. 4853 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 4854 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 4855 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 4856 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older. 4857 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense. 4858 806.01(2) 2nd Maliciously damage structure by fire or explosive. 4859 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 4860 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 4861 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 4862 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 4863 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. 4864 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 4865 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 4866 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 4867 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 4868 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 4869 812.131(2)(a) 2nd Robbery by sudden snatching. 4870 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 4871 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 4872 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 4873 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 4874 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 4875 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. 4876 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 4877 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 4878 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 4879 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000. 4880 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 4881 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 4882 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 4883 838.015 2nd Bribery. 4884 838.016 2nd Unlawful compensation or reward for official behavior. 4885 838.021(3)(a) 2nd Unlawful harm to a public servant. 4886 838.22 2nd Bid tampering. 4887 843.0855(2) 3rd Impersonation of a public officer or employee. 4888 843.0855(3) 3rd Unlawful simulation of legal process. 4889 843.0855(4) 3rd Intimidation of a public officer or employee. 4890 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 4891 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 4892 872.06 2nd Abuse of a dead human body. 4893 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 4894 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 4895 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. 4896 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. 4897 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 4898 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 4899 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 4900 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 4901 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams. 4902 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 4903 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 4904 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 4905 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams. 4906 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams. 4907 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 4908 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 4909 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 4910 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 4911 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 4912 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 4913 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams. 4914 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams. 4915 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams. 4916 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 4917 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 4918 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 4919 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 4920 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 4921 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 4922 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 4923 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 4924 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 4925 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 4926 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 4927 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 4928 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 4929 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 4930 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 4931 Section 104. For the purpose of incorporating the amendment 4932 made by this act to section 775.21, Florida Statutes, in a 4933 reference thereto, paragraph (o) of subsection (6) of section 4934 921.141, Florida Statutes, is reenacted to read: 4935 921.141 Sentence of death or life imprisonment for capital 4936 felonies; further proceedings to determine sentence.— 4937 (6) AGGRAVATING FACTORS.—Aggravating factors shall be 4938 limited to the following: 4939 (o) The capital felony was committed by a person designated 4940 as a sexual predator pursuant to s. 775.21 or a person 4941 previously designated as a sexual predator who had the sexual 4942 predator designation removed. 4943 Section 105. For the purpose of incorporating the 4944 amendments made by this act to sections 775.21, 944.606, and 4945 944.607, Florida Statutes, in references thereto, subsection 4946 (3), paragraph (a) of subsection (4), and subsection (5) of 4947 section 943.0435, Florida Statutes, are reenacted to read: 4948 943.0435 Sexual offenders required to register with the 4949 department; penalty.— 4950 (3) Within 48 hours after the report required under 4951 subsection (2), a sexual offender shall report in person at a 4952 driver license office of the Department of Highway Safety and 4953 Motor Vehicles, unless a driver license or identification card 4954 that complies with the requirements of s. 322.141(3) was 4955 previously secured or updated under s. 944.607. At the driver 4956 license office the sexual offender shall: 4957 (a) If otherwise qualified, secure a Florida driver 4958 license, renew a Florida driver license, or secure an 4959 identification card. The sexual offender shall identify himself 4960 or herself as a sexual offender who is required to comply with 4961 this section and shall provide proof that the sexual offender 4962 reported as required in subsection (2). The sexual offender 4963 shall provide any of the information specified in subsection 4964 (2), if requested. The sexual offender shall submit to the 4965 taking of a photograph for use in issuing a driver license, 4966 renewed license, or identification card, and for use by the 4967 department in maintaining current records of sexual offenders. 4968 (b) Pay the costs assessed by the Department of Highway 4969 Safety and Motor Vehicles for issuing or renewing a driver 4970 license or identification card as required by this section. The 4971 driver license or identification card issued must be in 4972 compliance with s. 322.141(3). 4973 (c) Provide, upon request, any additional information 4974 necessary to confirm the identity of the sexual offender, 4975 including a set of fingerprints. 4976 (4)(a) Each time a sexual offender’s driver license or 4977 identification card is subject to renewal, and, without regard 4978 to the status of the offender’s driver license or identification 4979 card, within 48 hours after any change in the offender’s 4980 permanent, temporary, or transient residence or change in the 4981 offender’s name by reason of marriage or other legal process, 4982 the offender shall report in person to a driver license office, 4983 and is subject to the requirements specified in subsection (3). 4984 The Department of Highway Safety and Motor Vehicles shall 4985 forward to the department all photographs and information 4986 provided by sexual offenders. Notwithstanding the restrictions 4987 set forth in s. 322.142, the Department of Highway Safety and 4988 Motor Vehicles may release a reproduction of a color-photograph 4989 or digital-image license to the Department of Law Enforcement 4990 for purposes of public notification of sexual offenders as 4991 provided in this section and ss. 943.043 and 944.606. A sexual 4992 offender who is unable to secure or update a driver license or 4993 an identification card with the Department of Highway Safety and 4994 Motor Vehicles as provided in subsection (3) and this subsection 4995 shall also report any change in the sexual offender’s permanent, 4996 temporary, or transient residence or change in the offender’s 4997 name by reason of marriage or other legal process within 48 4998 hours after the change to the sheriff’s office in the county 4999 where the offender resides or is located and provide 5000 confirmation that he or she reported such information to the 5001 Department of Highway Safety and Motor Vehicles. The reporting 5002 requirements under this paragraph do not negate the requirement 5003 for a sexual offender to obtain a Florida driver license or an 5004 identification card as required in this section. 5005 (5) This section does not apply to a sexual offender who is 5006 also a sexual predator, as defined in s. 775.21. A sexual 5007 predator must register as required under s. 775.21. 5008 Section 106. For the purpose of incorporating the 5009 amendments made by this act to sections 943.0435, 944.606, and 5010 944.607, Florida Statutes, in references thereto, subsection (2) 5011 of section 943.0436, Florida Statutes, is reenacted to read: 5012 943.0436 Duty of the court to uphold laws governing sexual 5013 predators and sexual offenders.— 5014 (2) If a person meets the criteria in chapter 775 for 5015 designation as a sexual predator or meets the criteria in s. 5016 943.0435, s. 944.606, s. 944.607, or any other law for 5017 classification as a sexual offender, the court may not enter an 5018 order, for the purpose of approving a plea agreement or for any 5019 other reason, which: 5020 (a) Exempts a person who meets the criteria for designation 5021 as a sexual predator or classification as a sexual offender from 5022 such designation or classification, or exempts such person from 5023 the requirements for registration or community and public 5024 notification imposed upon sexual predators and sexual offenders; 5025 (b) Restricts the compiling, reporting, or release of 5026 public records information that relates to sexual predators or 5027 sexual offenders; or 5028 (c) Prevents any person or entity from performing its 5029 duties or operating within its statutorily conferred authority 5030 as such duty or authority relates to sexual predators or sexual 5031 offenders. 5032 Section 107. For the purpose of incorporating the amendment 5033 made by this act to section 847.0135, Florida Statutes, in a 5034 reference thereto, paragraph (g) of subsection (2) of section 5035 943.325, Florida Statutes, is reenacted to read: 5036 943.325 DNA database.— 5037 (2) DEFINITIONS.—As used in this section, the term: 5038 (g) “Qualifying offender” means any person, including 5039 juveniles and adults, who is: 5040 1.a. Committed to a county jail; 5041 b. Committed to or under the supervision of the Department 5042 of Corrections, including persons incarcerated in a private 5043 correctional institution operated under contract pursuant to s. 5044 944.105; 5045 c. Committed to or under the supervision of the Department 5046 of Juvenile Justice; 5047 d. Transferred to this state under the Interstate Compact 5048 on Juveniles, part XIII of chapter 985; or 5049 e. Accepted under Article IV of the Interstate Corrections 5050 Compact, part III of chapter 941; and who is: 5051 2.a. Convicted of any felony offense or attempted felony 5052 offense in this state or of a similar offense in another 5053 jurisdiction; 5054 b. Convicted of a misdemeanor violation of s. 784.048, s. 5055 810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an 5056 offense that was found, pursuant to s. 874.04, to have been 5057 committed for the purpose of benefiting, promoting, or 5058 furthering the interests of a criminal gang as defined in s. 5059 874.03; or 5060 c. Arrested for any felony offense or attempted felony 5061 offense in this state. 5062 Section 108. For the purpose of incorporating the amendment 5063 made by this act to section 847.001, Florida Statutes, in a 5064 reference thereto, subsection (2) of section 944.11, Florida 5065 Statutes, is reenacted to read: 5066 944.11 Department to regulate admission of books.— 5067 (2) The department shall have the authority to prohibit 5068 admission of reading materials or publications with content 5069 which depicts sexual conduct as defined by s. 847.001 or 5070 presents nudity in such a way as to create the appearance that 5071 sexual conduct is imminent. The department shall have the 5072 authority to prohibit admission of such materials at a 5073 particular state correctional facility upon a determination by 5074 the department that such material or publications would be 5075 detrimental to the safety, security, order or rehabilitative 5076 interests of a particular state correctional facility or would 5077 create a risk of disorder at a particular state correctional 5078 facility. 5079 Section 109. For the purpose of incorporating the 5080 amendments made by this act to sections 775.21 and 943.0435, 5081 Florida Statutes, in references thereto, paragraph (a) of 5082 subsection (4) and subsection (9) of section 944.607, Florida 5083 Statutes, are reenacted to read: 5084 944.607 Notification to Department of Law Enforcement of 5085 information on sexual offenders.— 5086 (4) A sexual offender, as described in this section, who is 5087 under the supervision of the Department of Corrections but is 5088 not incarcerated shall register with the Department of 5089 Corrections within 3 business days after sentencing for a 5090 registrable offense and otherwise provide information as 5091 required by this subsection. 5092 (a) The sexual offender shall provide his or her name; date 5093 of birth; social security number; race; sex; height; weight; 5094 hair and eye color; tattoos or other identifying marks; all 5095 electronic mail addresses and Internet identifiers required to 5096 be provided pursuant to s. 943.0435(4)(e); employment 5097 information required to be provided pursuant to s. 5098 943.0435(4)(e); all home telephone numbers and cellular 5099 telephone numbers required to be provided pursuant to s. 5100 943.0435(4)(e); the make, model, color, vehicle identification 5101 number (VIN), and license tag number of all vehicles owned; 5102 permanent or legal residence and address of temporary residence 5103 within the state or out of state while the sexual offender is 5104 under supervision in this state, including any rural route 5105 address or post office box; if no permanent or temporary 5106 address, any transient residence within the state; and address, 5107 location or description, and dates of any current or known 5108 future temporary residence within the state or out of state. The 5109 sexual offender shall also produce his or her passport, if he or 5110 she has a passport, and, if he or she is an alien, shall produce 5111 or provide information about documents establishing his or her 5112 immigration status. The sexual offender shall also provide 5113 information about any professional licenses he or she has. The 5114 Department of Corrections shall verify the address of each 5115 sexual offender in the manner described in ss. 775.21 and 5116 943.0435. The department shall report to the Department of Law 5117 Enforcement any failure by a sexual predator or sexual offender 5118 to comply with registration requirements. 5119 (9) A sexual offender, as described in this section, who is 5120 under the supervision of the Department of Corrections but who 5121 is not incarcerated shall, in addition to the registration 5122 requirements provided in subsection (4), register and obtain a 5123 distinctive driver license or identification card in the manner 5124 provided in s. 943.0435(3), (4), and (5), unless the sexual 5125 offender is a sexual predator, in which case he or she shall 5126 register and obtain a distinctive driver license or 5127 identification card as required under s. 775.21. A sexual 5128 offender who fails to comply with the requirements of s. 5129 943.0435 is subject to the penalties provided in s. 943.0435(9). 5130 Section 110. For the purpose of incorporating the 5131 amendments made by this act to sections 775.21 and 944.607, 5132 Florida Statutes, in references thereto, subsection (7) of 5133 section 944.608, Florida Statutes, is reenacted to read: 5134 944.608 Notification to Department of Law Enforcement of 5135 information on career offenders.— 5136 (7) A career offender who is under the supervision of the 5137 department but who is not incarcerated shall, in addition to the 5138 registration requirements provided in subsection (3), register 5139 in the manner provided in s. 775.261(4)(c), unless the career 5140 offender is a sexual predator, in which case he or she shall 5141 register as required under s. 775.21, or is a sexual offender, 5142 in which case he or she shall register as required in s. 5143 944.607. A career offender who fails to comply with the 5144 requirements of s. 775.261(4) is subject to the penalties 5145 provided in s. 775.261(8). 5146 Section 111. For the purpose of incorporating the amendment 5147 made by this act to section 775.21, Florida Statutes, in a 5148 reference thereto, subsection (4) of section 944.609, Florida 5149 Statutes, is reenacted to read: 5150 944.609 Career offenders; notification upon release.— 5151 (4) The department or any law enforcement agency may notify 5152 the community and the public of a career offender’s presence in 5153 the community. However, with respect to a career offender who 5154 has been found to be a sexual predator under s. 775.21, the 5155 Department of Law Enforcement or any other law enforcement 5156 agency must inform the community and the public of the career 5157 offender’s presence in the community, as provided in s. 775.21. 5158 Section 112. For the purpose of incorporating the amendment 5159 made by this act to section 947.1405, Florida Statutes, in a 5160 reference thereto, subsection (1) of section 944.70, Florida 5161 Statutes, is reenacted to read: 5162 944.70 Conditions for release from incarceration.— 5163 (1)(a) A person who is convicted of a crime committed on or 5164 after October 1, 1983, but before January 1, 1994, may be 5165 released from incarceration only: 5166 1. Upon expiration of the person’s sentence; 5167 2. Upon expiration of the person’s sentence as reduced by 5168 accumulated gain-time; 5169 3. As directed by an executive order granting clemency; 5170 4. Upon attaining the provisional release date; 5171 5. Upon placement in a conditional release program pursuant 5172 to s. 947.1405; or 5173 6. Upon the granting of control release pursuant to s. 5174 947.146. 5175 (b) A person who is convicted of a crime committed on or 5176 after January 1, 1994, may be released from incarceration only: 5177 1. Upon expiration of the person’s sentence; 5178 2. Upon expiration of the person’s sentence as reduced by 5179 accumulated meritorious or incentive gain-time; 5180 3. As directed by an executive order granting clemency; 5181 4. Upon placement in a conditional release program pursuant 5182 to s. 947.1405 or a conditional medical release program pursuant 5183 to s. 947.149; or 5184 5. Upon the granting of control release, including 5185 emergency control release, pursuant to s. 947.146. 5186 Section 113. For the purpose of incorporating the amendment 5187 made by this act to section 947.1405, Florida Statutes, in a 5188 reference thereto, paragraph (f) of subsection (1) of section 5189 947.13, Florida Statutes, is reenacted to read: 5190 947.13 Powers and duties of commission.— 5191 (1) The commission shall have the powers and perform the 5192 duties of: 5193 (f) Establishing the terms and conditions of persons 5194 released on conditional release under s. 947.1405, and 5195 determining subsequent ineligibility for conditional release due 5196 to a violation of the terms or conditions of conditional release 5197 and taking action with respect to such a violation. 5198 Section 114. For the purpose of incorporating the 5199 amendments made by this act to sections 775.21, 943.0435, and 5200 943.4354, Florida Statutes, in references thereto, paragraph (c) 5201 of subsection (2) and subsection (12) of section 947.1405, 5202 Florida Statutes, are reenacted to read: 5203 947.1405 Conditional release program.— 5204 (2) Any inmate who: 5205 (c) Is found to be a sexual predator under s. 775.21 or 5206 former s. 775.23, 5207 5208 shall, upon reaching the tentative release date or provisional 5209 release date, whichever is earlier, as established by the 5210 Department of Corrections, be released under supervision subject 5211 to specified terms and conditions, including payment of the cost 5212 of supervision pursuant to s. 948.09. Such supervision shall be 5213 applicable to all sentences within the overall term of sentences 5214 if an inmate’s overall term of sentences includes one or more 5215 sentences that are eligible for conditional release supervision 5216 as provided herein. Effective July 1, 1994, and applicable for 5217 offenses committed on or after that date, the commission may 5218 require, as a condition of conditional release, that the 5219 releasee make payment of the debt due and owing to a county or 5220 municipal detention facility under s. 951.032 for medical care, 5221 treatment, hospitalization, or transportation received by the 5222 releasee while in that detention facility. The commission, in 5223 determining whether to order such repayment and the amount of 5224 such repayment, shall consider the amount of the debt, whether 5225 there was any fault of the institution for the medical expenses 5226 incurred, the financial resources of the releasee, the present 5227 and potential future financial needs and earning ability of the 5228 releasee, and dependents, and other appropriate factors. If any 5229 inmate placed on conditional release supervision is also subject 5230 to probation or community control, resulting from a probationary 5231 or community control split sentence within the overall term of 5232 sentences, the Department of Corrections shall supervise such 5233 person according to the conditions imposed by the court and the 5234 commission shall defer to such supervision. If the court revokes 5235 probation or community control and resentences the offender to a 5236 term of incarceration, such revocation also constitutes a 5237 sufficient basis for the revocation of the conditional release 5238 supervision on any nonprobationary or noncommunity control 5239 sentence without further hearing by the commission. If any such 5240 supervision on any nonprobationary or noncommunity control 5241 sentence is revoked, such revocation may result in a forfeiture 5242 of all gain-time, and the commission may revoke the resulting 5243 deferred conditional release supervision or take other action it 5244 considers appropriate. If the term of conditional release 5245 supervision exceeds that of the probation or community control, 5246 then, upon expiration of the probation or community control, 5247 authority for the supervision shall revert to the commission and 5248 the supervision shall be subject to the conditions imposed by 5249 the commission. A panel of no fewer than two commissioners shall 5250 establish the terms and conditions of any such release. If the 5251 offense was a controlled substance violation, the conditions 5252 shall include a requirement that the offender submit to random 5253 substance abuse testing intermittently throughout the term of 5254 conditional release supervision, upon the direction of the 5255 correctional probation officer as defined in s. 943.10(3). The 5256 commission shall also determine whether the terms and conditions 5257 of such release have been violated and whether such violation 5258 warrants revocation of the conditional release. 5259 (12) In addition to all other conditions imposed, for a 5260 releasee who is subject to conditional release for a crime that 5261 was committed on or after May 26, 2010, and who has been 5262 convicted at any time of committing, or attempting, soliciting, 5263 or conspiring to commit, any of the criminal offenses listed in 5264 s. 943.0435(1)(h)1.a.(I), or a similar offense in another 5265 jurisdiction against a victim who was under 18 years of age at 5266 the time of the offense, if the releasee has not received a 5267 pardon for any felony or similar law of another jurisdiction 5268 necessary for the operation of this subsection, if a conviction 5269 of a felony or similar law of another jurisdiction necessary for 5270 the operation of this subsection has not been set aside in any 5271 postconviction proceeding, or if the releasee has not been 5272 removed from the requirement to register as a sexual offender or 5273 sexual predator pursuant to s. 943.04354, the commission must 5274 impose the following conditions: 5275 (a) A prohibition on visiting schools, child care 5276 facilities, parks, and playgrounds without prior approval from 5277 the releasee’s supervising officer. The commission may also 5278 designate additional prohibited locations to protect a victim. 5279 The prohibition ordered under this paragraph does not prohibit 5280 the releasee from visiting a school, child care facility, park, 5281 or playground for the sole purpose of attending a religious 5282 service as defined in s. 775.0861 or picking up or dropping off 5283 the releasee’s child or grandchild at a child care facility or 5284 school. 5285 (b) A prohibition on distributing candy or other items to 5286 children on Halloween; wearing a Santa Claus costume, or other 5287 costume to appeal to children, on or preceding Christmas; 5288 wearing an Easter Bunny costume, or other costume to appeal to 5289 children, on or preceding Easter; entertaining at children’s 5290 parties; or wearing a clown costume without prior approval from 5291 the commission. 5292 Section 115. For the purpose of incorporating the amendment 5293 made by this act to section 947.1405, Florida Statutes, in 5294 references thereto, subsections (1), (2), and (7) of section 5295 947.141, Florida Statutes, are reenacted to read: 5296 947.141 Violations of conditional release, control release, 5297 or conditional medical release or addiction-recovery 5298 supervision.— 5299 (1) If a member of the commission or a duly authorized 5300 representative of the commission has reasonable grounds to 5301 believe that an offender who is on release supervision under s. 5302 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated 5303 the terms and conditions of the release in a material respect, 5304 such member or representative may cause a warrant to be issued 5305 for the arrest of the releasee; if the offender was found to be 5306 a sexual predator, the warrant must be issued. 5307 (2) Upon the arrest on a felony charge of an offender who 5308 is on release supervision under s. 947.1405, s. 947.146, s. 5309 947.149, or s. 944.4731, the offender must be detained without 5310 bond until the initial appearance of the offender at which a 5311 judicial determination of probable cause is made. If the trial 5312 court judge determines that there was no probable cause for the 5313 arrest, the offender may be released. If the trial court judge 5314 determines that there was probable cause for the arrest, such 5315 determination also constitutes reasonable grounds to believe 5316 that the offender violated the conditions of the release. Within 5317 24 hours after the trial court judge’s finding of probable 5318 cause, the detention facility administrator or designee shall 5319 notify the commission and the department of the finding and 5320 transmit to each a facsimile copy of the probable cause 5321 affidavit or the sworn offense report upon which the trial court 5322 judge’s probable cause determination is based. The offender must 5323 continue to be detained without bond for a period not exceeding 5324 72 hours excluding weekends and holidays after the date of the 5325 probable cause determination, pending a decision by the 5326 commission whether to issue a warrant charging the offender with 5327 violation of the conditions of release. Upon the issuance of the 5328 commission’s warrant, the offender must continue to be held in 5329 custody pending a revocation hearing held in accordance with 5330 this section. 5331 (7) If a law enforcement officer has probable cause to 5332 believe that an offender who is on release supervision under s. 5333 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated 5334 the terms and conditions of his or her release by committing a 5335 felony offense, the officer shall arrest the offender without a 5336 warrant, and a warrant need not be issued in the case. 5337 Section 116. For the purpose of incorporating the 5338 amendments made by this act to sections 775.21 and 943.0435, 5339 Florida Statutes, in references thereto, paragraph (b) of 5340 subsection (2) of section 948.013, Florida Statutes, is 5341 reenacted to read: 5342 948.013 Administrative probation.— 5343 (2) 5344 (b) Effective for an offense committed on or after October 5345 1, 2017, a person is ineligible for placement on administrative 5346 probation if the person is sentenced to or is serving a term of 5347 probation or community control, regardless of the conviction or 5348 adjudication, for committing, or attempting, conspiring, or 5349 soliciting to commit, any of the felony offenses described in s. 5350 775.21(4)(a)1.a. or b. or s. 943.0435(1)(h)1.a. 5351 Section 117. For the purpose of incorporating the amendment 5352 made by this act to section 775.21, Florida Statutes, in 5353 references thereto, paragraphs (b) and (d) of subsection (8) of 5354 section 948.06, Florida Statutes, are reenacted to read: 5355 948.06 Violation of probation or community control; 5356 revocation; modification; continuance; failure to pay 5357 restitution or cost of supervision.— 5358 (8) 5359 (b) For purposes of this section and ss. 903.0351, 948.064, 5360 and 921.0024, the term “violent felony offender of special 5361 concern” means a person who is on: 5362 1. Felony probation or community control related to the 5363 commission of a qualifying offense committed on or after the 5364 effective date of this act; 5365 2. Felony probation or community control for any offense 5366 committed on or after the effective date of this act, and has 5367 previously been convicted of a qualifying offense; 5368 3. Felony probation or community control for any offense 5369 committed on or after the effective date of this act, and is 5370 found to have violated that probation or community control by 5371 committing a qualifying offense; 5372 4. Felony probation or community control and has previously 5373 been found by a court to be a habitual violent felony offender 5374 as defined in s. 775.084(1)(b) and has committed a qualifying 5375 offense on or after the effective date of this act; 5376 5. Felony probation or community control and has previously 5377 been found by a court to be a three-time violent felony offender 5378 as defined in s. 775.084(1)(c) and has committed a qualifying 5379 offense on or after the effective date of this act; or 5380 6. Felony probation or community control and has previously 5381 been found by a court to be a sexual predator under s. 775.21 5382 and has committed a qualifying offense on or after the effective 5383 date of this act. 5384 (d) In the case of an alleged violation of probation or 5385 community control other than a failure to pay costs, fines, or 5386 restitution, the following individuals shall remain in custody 5387 pending the resolution of the probation or community control 5388 violation: 5389 1. A violent felony offender of special concern, as defined 5390 in this section; 5391 2. A person who is on felony probation or community control 5392 for any offense committed on or after the effective date of this 5393 act and who is arrested for a qualifying offense as defined in 5394 this section; or 5395 3. A person who is on felony probation or community control 5396 and has previously been found by a court to be a habitual 5397 violent felony offender as defined in s. 775.084(1)(b), a three 5398 time violent felony offender as defined in s. 775.084(1)(c), or 5399 a sexual predator under s. 775.21, and who is arrested for 5400 committing a qualifying offense as defined in this section on or 5401 after the effective date of this act. 5402 5403 The court shall not dismiss the probation or community control 5404 violation warrant pending against an offender enumerated in this 5405 paragraph without holding a recorded violation-of-probation 5406 hearing at which both the state and the offender are 5407 represented. 5408 Section 118. For the purpose of incorporating the 5409 amendments made by this act to sections 775.21, 943.0435, and 5410 944.607, Florida Statutes, in references thereto, section 5411 948.063, Florida Statutes, is reenacted to read: 5412 948.063 Violations of probation or community control by 5413 designated sexual offenders and sexual predators.— 5414 (1) If probation or community control for any felony 5415 offense is revoked by the court pursuant to s. 948.06(2)(e) and 5416 the offender is designated as a sexual offender pursuant to s. 5417 943.0435 or s. 944.607 or as a sexual predator pursuant to s. 5418 775.21 for unlawful sexual activity involving a victim 15 years 5419 of age or younger and the offender is 18 years of age or older, 5420 and if the court imposes a subsequent term of supervision 5421 following the revocation of probation or community control, the 5422 court must order electronic monitoring as a condition of the 5423 subsequent term of probation or community control. 5424 (2) If the probationer or offender is required to register 5425 as a sexual predator under s. 775.21 or as a sexual offender 5426 under s. 943.0435 or s. 944.607 for unlawful sexual activity 5427 involving a victim 15 years of age or younger and the 5428 probationer or offender is 18 years of age or older and has 5429 violated the conditions of his or her probation or community 5430 control, but the court does not revoke the probation or 5431 community control, the court shall nevertheless modify the 5432 probation or community control to include electronic monitoring 5433 for any probationer or offender not then subject to electronic 5434 monitoring. 5435 Section 119. For the purpose of incorporating the amendment 5436 made by this act to section 775.21, Florida Statutes, in a 5437 reference thereto, subsection (4) of section 948.064, Florida 5438 Statutes, is reenacted to read: 5439 948.064 Notification of status as a violent felony offender 5440 of special concern.— 5441 (4) The state attorney, or the statewide prosecutor if 5442 applicable, shall advise the court at each critical stage in the 5443 judicial process, at which the state attorney or statewide 5444 prosecutor is represented, whether an alleged or convicted 5445 offender is a violent felony offender of special concern; a 5446 person who is on felony probation or community control for any 5447 offense committed on or after the effective date of this act and 5448 who is arrested for a qualifying offense; or a person who is on 5449 felony probation or community control and has previously been 5450 found by a court to be a habitual violent felony offender as 5451 defined in s. 775.084(1)(b), a three-time violent felony 5452 offender as defined in s. 775.084(1)(c), or a sexual predator 5453 under s. 775.21, and who is arrested for committing a qualifying 5454 offense on or after the effective date of this act. 5455 Section 120. For the purpose of incorporating the amendment 5456 made by this act to section 948.06, Florida Statutes, in a 5457 reference thereto, paragraph (a) of subsection (7) of section 5458 948.08, Florida Statutes, is reenacted to read: 5459 948.08 Pretrial intervention program.— 5460 (7)(a) Notwithstanding any provision of this section, a 5461 person who is charged with a felony, other than a felony listed 5462 in s. 948.06(8)(c), and identified as a veteran, as defined in 5463 s. 1.01, including a veteran who is discharged or released under 5464 a general discharge, or servicemember, as defined in s. 250.01, 5465 who suffers from a military service-related mental illness, 5466 traumatic brain injury, substance abuse disorder, or 5467 psychological problem, is eligible for voluntary admission into 5468 a pretrial veterans’ treatment intervention program approved by 5469 the chief judge of the circuit, upon motion of either party or 5470 the court’s own motion, except: 5471 1. If a defendant was previously offered admission to a 5472 pretrial veterans’ treatment intervention program at any time 5473 before trial and the defendant rejected that offer on the 5474 record, the court may deny the defendant’s admission to such a 5475 program. 5476 2. If a defendant previously entered a court-ordered 5477 veterans’ treatment program, the court may deny the defendant’s 5478 admission into the pretrial veterans’ treatment program. 5479 Section 121. For the purpose of incorporating the amendment 5480 made by this act to section 775.21, Florida Statutes, in a 5481 reference thereto, subsection (3) of section 948.12, Florida 5482 Statutes, is reenacted to read: 5483 948.12 Intensive supervision for postprison release of 5484 violent offenders.—It is the finding of the Legislature that the 5485 population of violent offenders released from state prison into 5486 the community poses the greatest threat to the public safety of 5487 the groups of offenders under community supervision. Therefore, 5488 for the purpose of enhanced public safety, any offender released 5489 from state prison who: 5490 (3) Has been found to be a sexual predator pursuant to s. 5491 775.21, 5492 5493 and who has a term of probation to follow the period of 5494 incarceration shall be provided intensive supervision by 5495 experienced correctional probation officers. Subject to specific 5496 appropriation by the Legislature, caseloads may be restricted to 5497 a maximum of 40 offenders per officer to provide for enhanced 5498 public safety as well as to effectively monitor conditions of 5499 electronic monitoring or curfews, if such was ordered by the 5500 court. 5501 Section 122. For the purpose of incorporating the 5502 amendments made by this act to sections 775.21 and 943.0435, 5503 Florida Statutes, in references thereto, paragraph (b) of 5504 subsection (3) and subsection (4) of section 948.30, Florida 5505 Statutes, are reenacted to read: 5506 948.30 Additional terms and conditions of probation or 5507 community control for certain sex offenses.—Conditions imposed 5508 pursuant to this section do not require oral pronouncement at 5509 the time of sentencing and shall be considered standard 5510 conditions of probation or community control for offenders 5511 specified in this section. 5512 (3) Effective for a probationer or community controllee 5513 whose crime was committed on or after September 1, 2005, and 5514 who: 5515 (b) Is designated a sexual predator pursuant to s. 775.21; 5516 or 5517 5518 the court must order, in addition to any other provision of this 5519 section, mandatory electronic monitoring as a condition of the 5520 probation or community control supervision. 5521 (4) In addition to all other conditions imposed, for a 5522 probationer or community controllee who is subject to 5523 supervision for a crime that was committed on or after May 26, 5524 2010, and who has been convicted at any time of committing, or 5525 attempting, soliciting, or conspiring to commit, any of the 5526 criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a 5527 similar offense in another jurisdiction, against a victim who 5528 was under the age of 18 at the time of the offense; if the 5529 offender has not received a pardon for any felony or similar law 5530 of another jurisdiction necessary for the operation of this 5531 subsection, if a conviction of a felony or similar law of 5532 another jurisdiction necessary for the operation of this 5533 subsection has not been set aside in any postconviction 5534 proceeding, or if the offender has not been removed from the 5535 requirement to register as a sexual offender or sexual predator 5536 pursuant to s. 943.04354, the court must impose the following 5537 conditions: 5538 (a) A prohibition on visiting schools, child care 5539 facilities, parks, and playgrounds, without prior approval from 5540 the offender’s supervising officer. The court may also designate 5541 additional locations to protect a victim. The prohibition 5542 ordered under this paragraph does not prohibit the offender from 5543 visiting a school, child care facility, park, or playground for 5544 the sole purpose of attending a religious service as defined in 5545 s. 775.0861 or picking up or dropping off the offender’s 5546 children or grandchildren at a child care facility or school. 5547 (b) A prohibition on distributing candy or other items to 5548 children on Halloween; wearing a Santa Claus costume, or other 5549 costume to appeal to children, on or preceding Christmas; 5550 wearing an Easter Bunny costume, or other costume to appeal to 5551 children, on or preceding Easter; entertaining at children’s 5552 parties; or wearing a clown costume; without prior approval from 5553 the court. 5554 Section 123. For the purpose of incorporating the 5555 amendments made by this act to sections 775.21, 943.0435, 5556 944.606, and 944.607, Florida Statutes, in references thereto, 5557 section 948.31, Florida Statutes, is reenacted to read: 5558 948.31 Evaluation and treatment of sexual predators and 5559 offenders on probation or community control.—The court may 5560 require any probationer or community controllee who is required 5561 to register as a sexual predator under s. 775.21 or sexual 5562 offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo 5563 an evaluation, at the probationer or community controllee’s 5564 expense, by a qualified practitioner to determine whether such 5565 probationer or community controllee needs sexual offender 5566 treatment. If the qualified practitioner determines that sexual 5567 offender treatment is needed and recommends treatment, the 5568 probationer or community controllee must successfully complete 5569 and pay for the treatment. Such treatment must be obtained from 5570 a qualified practitioner as defined in s. 948.001. Treatment may 5571 not be administered by a qualified practitioner who has been 5572 convicted or adjudicated delinquent of committing, or 5573 attempting, soliciting, or conspiring to commit, any offense 5574 that is listed in s. 943.0435(1)(h)1.a.(I). 5575 Section 124. For the purpose of incorporating the amendment 5576 made by this act to section 775.0877, Florida Statutes, in a 5577 reference thereto, section 951.27, Florida Statutes, is 5578 reenacted to read: 5579 951.27 Blood tests of inmates.— 5580 (1) Each county and each municipal detention facility shall 5581 have a written procedure developed, in consultation with the 5582 facility medical provider, establishing conditions under which 5583 an inmate will be tested for infectious disease, including human 5584 immunodeficiency virus pursuant to s. 775.0877, which procedure 5585 is consistent with guidelines of the Centers for Disease Control 5586 and Prevention and recommendations of the Correctional Medical 5587 Authority. It is not unlawful for the person receiving the test 5588 results to divulge the test results to the sheriff or chief 5589 correctional officer. 5590 (2) Except as otherwise provided in this subsection, 5591 serologic blood test results obtained pursuant to subsection (1) 5592 are confidential and exempt from the provisions of s. 119.07(1) 5593 and s. 24(a), Art. I of the State Constitution. However, such 5594 results may be provided to employees or officers of the sheriff 5595 or chief correctional officer who are responsible for the 5596 custody and care of the affected inmate and have a need to know 5597 such information, and as provided in ss. 775.0877 and 960.003. 5598 In addition, upon request of the victim or the victim’s legal 5599 guardian, or the parent or legal guardian of the victim if the 5600 victim is a minor, the results of any HIV test performed on an 5601 inmate who has been arrested for any sexual offense involving 5602 oral, anal, or vaginal penetration by, or union with, the sexual 5603 organ of another, shall be disclosed to the victim or the 5604 victim’s legal guardian, or to the parent or legal guardian of 5605 the victim if the victim is a minor. In such cases, the county 5606 or municipal detention facility shall furnish the test results 5607 to the Department of Health, which is responsible for disclosing 5608 the results to public health agencies as provided in s. 775.0877 5609 and to the victim or the victim’s legal guardian, or the parent 5610 or legal guardian of the victim if the victim is a minor, as 5611 provided in s. 960.003(3). 5612 (3) The results of any serologic blood test on an inmate 5613 are a part of that inmate’s permanent medical file. Upon 5614 transfer of the inmate to any other correctional facility, such 5615 file is also transferred, and all relevant authorized persons 5616 must be notified of positive HIV test results, as required in s. 5617 775.0877. 5618 Section 125. For the purpose of incorporating the amendment 5619 made by this act to section 775.0877, Florida Statutes, in 5620 references thereto, paragraphs (a) and (b) of subsection (2) and 5621 paragraph (a) of subsection (3) of section 960.003, Florida 5622 Statutes, are reenacted to read: 5623 960.003 Hepatitis and HIV testing for persons charged with 5624 or alleged by petition for delinquency to have committed certain 5625 offenses; disclosure of results to victims.— 5626 (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION 5627 FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.— 5628 (a) In any case in which a person has been charged by 5629 information or indictment with or alleged by petition for 5630 delinquency to have committed any offense enumerated in s. 5631 775.0877(1)(a)-(n), which involves the transmission of body 5632 fluids from one person to another, upon request of the victim or 5633 the victim’s legal guardian, or of the parent or legal guardian 5634 of the victim if the victim is a minor, the court shall order 5635 such person to undergo hepatitis and HIV testing within 48 hours 5636 after the information, indictment, or petition for delinquency 5637 is filed. In the event the victim or, if the victim is a minor, 5638 the victim’s parent or legal guardian requests hepatitis and HIV 5639 testing after 48 hours have elapsed from the filing of the 5640 indictment, information, or petition for delinquency, the 5641 testing shall be done within 48 hours after the request. 5642 (b) However, when a victim of any sexual offense enumerated 5643 in s. 775.0877(1)(a)-(n) is under the age of 18 at the time the 5644 offense was committed or when a victim of any sexual offense 5645 enumerated in s. 775.0877(1)(a)-(n) or s. 825.1025 is a disabled 5646 adult or elderly person as defined in s. 825.1025 regardless of 5647 whether the offense involves the transmission of bodily fluids 5648 from one person to another, then upon the request of the victim 5649 or the victim’s legal guardian, or of the parent or legal 5650 guardian, the court shall order such person to undergo hepatitis 5651 and HIV testing within 48 hours after the information, 5652 indictment, or petition for delinquency is filed. In the event 5653 the victim or, if the victim is a minor, the victim’s parent or 5654 legal guardian requests hepatitis and HIV testing after 48 hours 5655 have elapsed from the filing of the indictment, information, or 5656 petition for delinquency, the testing shall be done within 48 5657 hours after the request. The testing shall be performed under 5658 the direction of the Department of Health in accordance with s. 5659 381.004. The results of a hepatitis and HIV test performed on a 5660 defendant or juvenile offender pursuant to this subsection shall 5661 not be admissible in any criminal or juvenile proceeding arising 5662 out of the alleged offense. 5663 (3) DISCLOSURE OF RESULTS.— 5664 (a) The results of the test shall be disclosed no later 5665 than 2 weeks after the court receives such results, under the 5666 direction of the Department of Health, to the person charged 5667 with or alleged by petition for delinquency to have committed or 5668 to the person convicted of or adjudicated delinquent for any 5669 offense enumerated in s. 775.0877(1)(a)-(n), which involves the 5670 transmission of body fluids from one person to another, and, 5671 upon request, to the victim or the victim’s legal guardian, or 5672 the parent or legal guardian of the victim if the victim is a 5673 minor, and to public health agencies pursuant to s. 775.0877. If 5674 the alleged offender is a juvenile, the test results shall also 5675 be disclosed to the parent or guardian. When the victim is a 5676 victim as described in paragraph (2)(b), the test results must 5677 also be disclosed no later than 2 weeks after the court receives 5678 such results, to the person charged with or alleged by petition 5679 for delinquency to have committed or to the person convicted of 5680 or adjudicated delinquent for any offense enumerated in s. 5681 775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the 5682 offense involves the transmission of bodily fluids from one 5683 person to another, and, upon request, to the victim or the 5684 victim’s legal guardian, or the parent or legal guardian of the 5685 victim, and to public health agencies pursuant to s. 775.0877. 5686 Otherwise, hepatitis and HIV test results obtained pursuant to 5687 this section are confidential and exempt from the provisions of 5688 s. 119.07(1) and s. 24(a), Art. I of the State Constitution and 5689 shall not be disclosed to any other person except as expressly 5690 authorized by law or court order. 5691 Section 126. For the purpose of incorporating the amendment 5692 made by this act to section 39.01, Florida Statutes, in a 5693 reference thereto, subsection (5) of section 960.065, Florida 5694 Statutes, is reenacted to read: 5695 960.065 Eligibility for awards.— 5696 (5) A person is not ineligible for an award pursuant to 5697 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 5698 person is a victim of sexual exploitation of a child as defined 5699 in s. 39.01(71)(g). 5700 Section 127. For the purpose of incorporating the amendment 5701 made by this act to section 39.01, Florida Statutes, in a 5702 reference thereto, subsection (2) of section 984.03, Florida 5703 Statutes, is reenacted to read: 5704 984.03 Definitions.—When used in this chapter, the term: 5705 (2) “Abuse” means any willful act that results in any 5706 physical, mental, or sexual injury that causes or is likely to 5707 cause the child’s physical, mental, or emotional health to be 5708 significantly impaired. Corporal discipline of a child by a 5709 parent or guardian for disciplinary purposes does not in itself 5710 constitute abuse when it does not result in harm to the child as 5711 defined in s. 39.01. 5712 Section 128. For the purpose of incorporating the amendment 5713 made by this act to section 985.475, Florida Statutes, in a 5714 reference thereto, paragraph (c) of subsection (5) of section 5715 985.0301, Florida Statutes, is reenacted to read: 5716 985.0301 Jurisdiction.— 5717 (5) 5718 (c) The court shall retain jurisdiction over a juvenile 5719 sexual offender, as defined in s. 985.475, who has been placed 5720 on community-based treatment alternative with supervision or who 5721 has been placed in a program or facility for juvenile sexual 5722 offenders, pursuant to s. 985.48, until the juvenile sexual 5723 offender reaches 21 years of age, specifically for the purpose 5724 of allowing the juvenile to complete the program. 5725 Section 129. For the purpose of incorporating the 5726 amendments made by this act to sections 775.21, 943.0435, 5727 944.606, and 944.607, Florida Statutes, in references thereto, 5728 paragraph (b) of subsection (6) of section 985.04, Florida 5729 Statutes, is reenacted to read: 5730 985.04 Oaths; records; confidential information.— 5731 (6) 5732 (b) Sexual offender and predator registration information 5733 as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481, 5734 and 985.4815 is a public record pursuant to s. 119.07(1) and as 5735 otherwise provided by law. 5736 Section 130. For the purpose of incorporating the amendment 5737 made by this act to section 985.475, Florida Statutes, in a 5738 reference thereto, paragraph (c) of subsection (1) of section 5739 985.441, Florida Statutes, is reenacted to read: 5740 985.441 Commitment.— 5741 (1) The court that has jurisdiction of an adjudicated 5742 delinquent child may, by an order stating the facts upon which a 5743 determination of a sanction and rehabilitative program was made 5744 at the disposition hearing: 5745 (c) Commit the child to the department for placement in a 5746 program or facility for juvenile sexual offenders in accordance 5747 with s. 985.48, subject to specific appropriation for such a 5748 program or facility. 5749 1. The child may only be committed for such placement 5750 pursuant to determination that the child is a juvenile sexual 5751 offender under the criteria specified in s. 985.475. 5752 2. Any commitment of a juvenile sexual offender to a 5753 program or facility for juvenile sexual offenders must be for an 5754 indeterminate period of time, but the time may not exceed the 5755 maximum term of imprisonment that an adult may serve for the 5756 same offense. 5757 Section 131. For the purpose of incorporating the 5758 amendments made by this act to sections 775.21 and 943.0435, 5759 Florida Statutes, in references thereto, subsection (9) of 5760 section 985.4815, Florida Statutes, is reenacted to read: 5761 985.4815 Notification to Department of Law Enforcement of 5762 information on juvenile sexual offenders.— 5763 (9) A sexual offender, as described in this section, who is 5764 under the care, jurisdiction, or supervision of the department 5765 but who is not incarcerated shall, in addition to the 5766 registration requirements provided in subsection (4), register 5767 in the manner provided in s. 943.0435(3), (4), and (5), unless 5768 the sexual offender is a sexual predator, in which case he or 5769 she shall register as required under s. 775.21. A sexual 5770 offender who fails to comply with the requirements of s. 5771 943.0435 is subject to the penalties provided in s. 943.0435(9). 5772 Section 132. For the purpose of incorporating the amendment 5773 made by this act to section 943.0435, Florida Statutes, in a 5774 reference thereto, paragraph (g) of subsection (2) of section 5775 1012.467, Florida Statutes, is reenacted to read: 5776 1012.467 Noninstructional contractors who are permitted 5777 access to school grounds when students are present; background 5778 screening requirements.— 5779 (2) 5780 (g) A noninstructional contractor for whom a criminal 5781 history check is required under this section may not have been 5782 convicted of any of the following offenses designated in the 5783 Florida Statutes, any similar offense in another jurisdiction, 5784 or any similar offense committed in this state which has been 5785 redesignated from a former provision of the Florida Statutes to 5786 one of the following offenses: 5787 1. Any offense listed in s. 943.0435(1)(h)1., relating to 5788 the registration of an individual as a sexual offender. 5789 2. Section 393.135, relating to sexual misconduct with 5790 certain developmentally disabled clients and the reporting of 5791 such sexual misconduct. 5792 3. Section 394.4593, relating to sexual misconduct with 5793 certain mental health patients and the reporting of such sexual 5794 misconduct. 5795 4. Section 775.30, relating to terrorism. 5796 5. Section 782.04, relating to murder. 5797 6. Section 787.01, relating to kidnapping. 5798 7. Any offense under chapter 800, relating to lewdness and 5799 indecent exposure. 5800 8. Section 826.04, relating to incest. 5801 9. Section 827.03, relating to child abuse, aggravated 5802 child abuse, or neglect of a child. 5803 Section 133. The Division of Law Revision and Information 5804 is directed to capitalize the first letter of each word in the 5805 term “Child Protection Team” wherever it appears in the Florida 5806 Statutes. 5807 Section 134. This act shall take effect October 1, 2018. 5808