Bill Text: FL S1396 | 2016 | Regular Session | Introduced
Bill Title: Child Pornography
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-03-11 - Died in Criminal Justice [S1396 Detail]
Download: Florida-2016-S1396-Introduced.html
Florida Senate - 2016 SB 1396 By Senator Abruzzo 25-01534-16 20161396__ 1 A bill to be entitled 2 An act relating to child pornography; amending ss. 3 16.56, 39.01, 39.0132, 39.0139, 39.301, 39.509, 4 90.404, 92.56, 92.561, 92.565, 435.04, 456.074, 5 480.041, 480.043, 743.067, 772.102, and 775.082, F.S.; 6 conforming provisions to changes made by the act; 7 amending s. 775.0847, F.S.; revising definitions; 8 conforming provisions to changes made by the act; 9 amending ss. 775.0877, 775.21, 775.215, 784.046, 10 794.0115, 794.024, 794.056, and 796.001, F.S.; 11 conforming provisions to changes made by the act; 12 repealing s. 827.071, F.S., relating to sexual 13 performance by a child; amending s. 847.001, F.S.; 14 revising definitions; creating s. 847.003, F.S.; 15 providing definitions; prohibiting a person from using 16 a child in a sexual performance or promoting a sexual 17 performance by a child; providing penalties; amending 18 ss. 847.0135 and 847.01357, F.S.; conforming 19 provisions to changes made by the act; amending s. 20 847.0137, F.S.; revising and providing definitions; 21 prohibiting a person from possessing, with the intent 22 to promote, child pornography; prohibiting a person 23 from knowingly possessing, controlling, or 24 intentionally viewing child pornography; providing 25 penalties; providing application and construction; 26 providing that each act of transmitting child 27 pornography is a separate offense; amending ss. 28 856.022, 895.02, 905.34, 934.07, 938.085, 938.10, 29 943.0435, 943.04354, 943.0585, 943.059, 944.606, and 30 944.607, F.S.; conforming provisions to changes made 31 by the act; amending s. 947.1405, F.S.; requiring 32 certain conditions of supervision to be imposed on 33 conditional releasees convicted of specified offenses; 34 amending s. 948.013, F.S.; prohibiting certain 35 offenders from being placed on administrative 36 probation; amending ss. 948.03, 948.04, 948.06, 37 948.062, and 948.101, F.S.; conforming provisions to 38 changes made by the act; amending s. 948.30, F.S.; 39 requiring that certain conditions of supervision be 40 imposed on offenders convicted of specified offenses; 41 amending ss. 948.32, 960.03, 960.197, 985.04, 985.475, 42 1012.315, and 921.0022, F.S.; conforming provisions to 43 changes made by the act; reenacting ss. 92.605(1)(b) 44 and 896.101(10), F.S., relating to production of 45 certain records and the Florida Money Laundering Act, 46 respectively, to incorporate the amendment made by the 47 act to s. 16.56, F.S., in references thereto; 48 reenacting ss. 390.01114(2)(b) and (e), 393.067(4)(h), 49 (7), and (9), 394.495(4)(p), 409.1678 (1)(c) and 50 (6)(a) and (b), 960.065(5), and 984.03(2), F.S., 51 relating to the Parental Notice of Abortion Act, 52 facility licensure, the child and adolescent mental 53 health system of care, specialized residential options 54 for children who are victims of sexual exploitation, 55 eligibility for victim assistance awards, and 56 definitions relating to children and families in need 57 of services, respectively, to incorporate the 58 amendment made by the act to s. 39.01, F.S., in 59 references thereto; reenacting ss. 39.509(6)(b), 60 39.806(1)(d) and (n), 63.089(4)(b), 63.092(3), 61 794.075(1), 921.141(5)(o), 943.0435(5), 944.609(4), 62 947.1405(2), 948.06(8)(b) and (d), 948.064(4), and 63 948.12, F.S., relating to grandparents rights, grounds 64 for termination of parental rights, proceeding to 65 terminate parental rights pending adoption, report to 66 the court of intended placement by an adoption entity, 67 sexual predators and erectile dysfunction drugs, 68 sentence of death or life imprisonment for capital 69 felonies, sexual offenders required to register with 70 the Department of Law Enforcement, career offenders 71 and notification upon release, the conditional release 72 program, violation of probation or community control, 73 notification of status as a violent felony offender of 74 special concern, and intensive supervision for 75 postprison release of violent offenders, respectively, 76 to incorporate the amendment made by the act to s. 77 775.21, F.S., in references thereto; reenacting s. 78 741.313(1)(e), F.S., relating to unlawful action 79 against employees seeking protection, to incorporate 80 the amendment made by the act to s. 784.046, F.S., in 81 a reference thereto; reenacting s. 794.011(3), (4)(a) 82 (d), and (5), F.S., relating to sexual battery, to 83 incorporate the amendment made by the act to s. 84 794.0115, F.S., in references thereto; reenacting s. 85 944.11(2), F.S., relating to Department of 86 Corrections’ regulation of the admission of books, to 87 incorporate the amendment made by the act to s. 88 847.001, F.S., in a reference thereto; reenacting ss. 89 456.074(5)(q), 480.041(7)(q), and 480.043(8)(q), F.S., 90 relating to immediate suspension of the license for 91 certain health care practitioners, massage therapists, 92 massage establishments, respectively, to incorporate 93 the amendment made by the act to s. 847.0135, F.S., in 94 references thereto; reenacting ss. 655.50(3)(g) and 95 896.101(2)(g), F.S., relating to the Florida Control 96 of Money Laundering and Terrorist Financing in 97 Financial Institutions Act and the Florida Money 98 Laundering Act, respectively, to incorporate the 99 amendment made by the act to s. 895.02, F.S., in 100 references thereto; reenacting ss. 394.9125(2), 101 1012.467(2)(g), and 775.0862(2), F.S., relating to 102 state attorney authority to refer someone to 103 commitment, noninstructional contractors permitted 104 access to school grounds when students are present, 105 and sexual offenses against students by authority 106 figures to incorporate the amendments made by this act 107 to s. 943.0435, F.S., in references thereto; 108 reenacting ss. 775.084(4)(j) and 944.70(1), F.S., 109 relating to specified violent career criminal and 110 habitual offenders and conditions for release from 111 incarceration, to incorporate the amendment made by 112 the act to s. 947.1405, F.S., in references thereto; 113 reenacting s. 948.08(7)(a), F.S., relating to pretrial 114 intervention program, to incorporate the amendment 115 made by the act to s. 948.06, F.S., in a reference 116 thereto; reenacting s. 847.002(1)(b), (2), and (3), 117 F.S., relating to child pornography prosecutions, to 118 incorporate the amendment made by the act to s. 119 960.03, F.S., in references thereto; reenacting s. 120 985.0301(5)(c) and 985.441(1)(c), F.S., relating to 121 jurisdiction over juvenile matters and commitment, 122 respectively, to incorporate the amendment made by the 123 act to s. 985.475, F.S., in references thereto; 124 reenacting s. 947.1405(12), F.S., relating to the 125 conditional release program, to incorporate the 126 amendments made by this act to ss. 947.0435 and 127 947.04354, F.S.; reenacting ss. 68.07(3)(i) and (6), 128 92.55(1)(b), and 322.19(2), F.S., relating to change 129 of name, judicial or other proceedings involving 130 certain victims, witnesses, or other persons, and 131 change of address or name, respectively, to 132 incorporate the amendments made by this act to ss. 133 775.21 and 943.0435, F.S., in references thereto; 134 reenacting s. 322.141(3), F.S., relating to color or 135 markings of certain licenses or identification cards, 136 to incorporate the amendments made by this act to ss. 137 775.21, 943.0435, and 944.607, F.S., in references 138 thereto; reenacting ss. 397.4872(2) and 435.07(4)(b), 139 F.S., relating to exemptions from disqualification for 140 disqualifying offenses, to incorporate the amendments 141 made by this act to ss. 775.21, 943.0435, and 142 943.04354, F.S., in references thereto; reenacting ss. 143 775.13(4) and 775.261(3)(b), F.S., relating to the 144 registration of convicted felons and the Florida 145 Career Offender Registration Act, respectively, to 146 incorporate the amendments made by this act to ss. 147 775.21, 943.0435, and 944.607, F.S., in references 148 thereto; reenacting s. 903.046(2)(m), F.S., relating 149 to bail determination, to incorporate the amendment 150 made by the act to ss. 775.21 and 943.0435, F.S., in 151 references thereto; reenacting s. 903.0351(1), F.S., 152 relating to certain restrictions on pretrial release, 153 to incorporate the amendments made by this act to ss. 154 775.21 and 948.06, F.S., in references thereto; 155 reenacting s. 948.063, F.S., relating to violations of 156 probation or community control by sexual offenders and 157 sexual predators, to incorporate the amendments made 158 by this act to ss. 775.21, 943.0435, and 944.607, 159 F.S., in references thereto; reenacting s. 948.30(3) 160 and (4), F.S., relating to additional terms and 161 conditions of probation or community control for 162 certain sex offenses, to incorporate the amendments 163 made by this act to ss. 775.21, 943.0435, and 164 943.04354, F.S., in references thereto; reenacting s. 165 948.31, F.S., relating to evaluation and treatment of 166 sexual predators and offenders on probation or 167 community control, to incorporate the amendments made 168 by this act to ss. 775.21, 943.0435, 944.606, and 169 944.607, F.S., in references thereto; reenacting s. 170 775.21(3)(b), (5)(d), and (10)(c), F.S., relating to 171 the Florida Sexual Predators Act, to incorporate the 172 amendments made by this act to ss. 943.0435, 944.607, 173 and 947.1405, F.S., in references thereto; reenacting 174 s. 775.24(2), F.S., relating to duty of the court to 175 uphold laws governing sexual predators and sexual 176 offenders, to incorporate the amendments made by this 177 act to ss. 943.0435, 944.606, and 944.607, F.S., in 178 references thereto; reenacting s. 943.0436(2), F.S., 179 relating to duty of the court to uphold laws governing 180 sexual predators and sexual offenders, to incorporate 181 the amendments made by this act to ss. 943.0435, 182 944.606, and 944.607, F.S., in references thereto; 183 reenacting s. 921.0022(3)(g), F.S., relating to the 184 offense severity ranking chart, to incorporate the 185 amendments made to ss. 775.21 and 847.0135, F.S., in 186 references thereto; providing a directive to the 187 Division of Law Revision and Information; providing an 188 effective date. 189 190 Be It Enacted by the Legislature of the State of Florida: 191 192 Section 1. Paragraph (a) of subsection (1) of section 193 16.56, Florida Statutes, is amended to read: 194 16.56 Office of Statewide Prosecution.— 195 (1) There is created in the Department of Legal Affairs an 196 Office of Statewide Prosecution. The office shall be a separate 197 “budget entity” as that term is defined in chapter 216. The 198 office may: 199 (a) Investigate and prosecute the offenses of: 200 1. Bribery, burglary, criminal usury, extortion, gambling, 201 kidnapping, larceny, murder, prostitution, perjury, robbery, 202 carjacking, and home-invasion robbery; 203 2. Any crime involving narcotic or other dangerous drugs; 204 3. Any violation of the Florida RICO (Racketeer Influenced 205 and Corrupt Organization) Act, including any offense listed in 206 the definition of racketeering activity in s. 895.02(1)(a), 207 providing such listed offense is investigated in connection with 208 a violation of s. 895.03 and is charged in a separate count of 209 an information or indictment containing a count charging a 210 violation of s. 895.03, the prosecution of which listed offense 211 may continue independently if the prosecution of the violation 212 of s. 895.03 is terminated for any reason; 213 4. Any violation of the Florida Anti-Fencing Act; 214 5. Any violation of the Florida Antitrust Act of 1980, as 215 amended; 216 6. Any crime involving, or resulting in, fraud or deceit 217 upon any person; 218 7. Any violation of s. 847.0135, relating to computer 219 pornography and child exploitation prevention, or any offense 220 related to a violation of former s. 827.071, s. 847.003, s. 221 847.0135, or s. 847.0137any violation of chapter 827where the 222 crime is facilitated by or connected to the use of the Internet 223 or any device capable of electronic data storage or 224 transmission; 225 8. Any violation of chapter 815; 226 9. Any criminal violation of part I of chapter 499; 227 10. Any violation of the Florida Motor Fuel Tax Relief Act 228 of 2004; 229 11. Any criminal violation of s. 409.920 or s. 409.9201; 230 12. Any crime involving voter registration, voting, or 231 candidate or issue petition activities; 232 13. Any criminal violation of the Florida Money Laundering 233 Act; 234 14. Any criminal violation of the Florida Securities and 235 Investor Protection Act; or 236 15. Any violation of chapter 787, as well as any and all 237 offenses related to a violation of chapter 787; 238 239 or any attempt, solicitation, or conspiracy to commit any of the 240 crimes specifically enumerated above. The office shall have such 241 power only when any such offense is occurring, or has occurred, 242 in two or more judicial circuits as part of a related 243 transaction, or when any such offense is connected with an 244 organized criminal conspiracy affecting two or more judicial 245 circuits. Informations or indictments charging such offenses 246 shall contain general allegations stating the judicial circuits 247 and counties in which crimes are alleged to have occurred or the 248 judicial circuits and counties in which crimes affecting such 249 circuits or counties are alleged to have been connected with an 250 organized criminal conspiracy. 251 Section 2. Paragraph (c) of subsection (30) and paragraph 252 (g) of subsection (69) of section 39.01, Florida Statutes, are 253 amended to read: 254 39.01 Definitions.—When used in this chapter, unless the 255 context otherwise requires: 256 (30) “Harm” to a child’s health or welfare can occur when 257 any person: 258 (c) Allows, encourages, or forces the sexual exploitation 259 of a child, which includes allowing, encouraging, or forcing a 260 child to: 261 1. Solicit for or engage in prostitution; or 262 2. Engage in a sexual performance, as defined by former s. 263 827.071 or s. 847.003chapter 827. 264 (69) “Sexual abuse of a child” for purposes of finding a 265 child to be dependent means one or more of the following acts: 266 (g) The sexual exploitation of a child, which includes the 267 act of a child offering to engage in or engaging in 268 prostitution, provided that the child is not under arrest or is 269 not being prosecuted in a delinquency or criminal proceeding for 270 a violation of any offense in chapter 796 based on such 271 behavior; or allowing, encouraging, or forcing a child to: 272 1. Solicit for or engage in prostitution; 273 2. Engage in a sexual performance, as defined by former s. 274 827.071 or s. 847.003chapter 827; or 275 3. Participate in the trade of human trafficking as 276 provided in s. 787.06(3)(g). 277 Section 3. Paragraph (b) of subsection (4) of section 278 39.0132, Florida Statutes, is amended to read: 279 39.0132 Oaths, records, and confidential information.— 280 (4) 281 (b) The department shall disclose to the school 282 superintendent the presence of any child in the care and custody 283 or under the jurisdiction or supervision of the department who 284 has a known history of criminal sexual behavior with other 285 juveniles; is an alleged juvenile sex offender, as defined in s. 286 39.01; or has pled guilty or nolo contendere to, or has been 287 found to have committed, a violation of chapter 794, chapter 288 796, chapter 800, former s. 827.071, s. 847.003,ors. 847.0133, 289 or s. 847.0137, regardless of adjudication. Any employee of a 290 district school board who knowingly and willfully discloses such 291 information to an unauthorized person commits a misdemeanor of 292 the second degree, punishable as provided in s. 775.082 or s. 293 775.083. 294 Section 4. Paragraph (a) of subsection (3) of section 295 39.0139, Florida Statutes, is amended to read: 296 39.0139 Visitation or other contact; restrictions.— 297 (3) PRESUMPTION OF DETRIMENT.— 298 (a) A rebuttable presumption of detriment to a child is 299 created when: 300 1. A court of competent jurisdiction has found probable 301 cause exists that a parent or caregiver has sexually abused a 302 child as defined in s. 39.01; 303 2. A parent or caregiver has been found guilty of, 304 regardless of adjudication, or has entered a plea of guilty or 305 nolo contendere to, charges under the following statutes or 306 substantially similar statutes of other jurisdictions: 307 a. Section 787.04, relating to removing minors from the 308 state or concealing minors contrary to court order; 309 b. Section 794.011, relating to sexual battery; 310 c. Section 798.02, relating to lewd and lascivious 311 behavior; 312 d. Chapter 800, relating to lewdness and indecent exposure; 313 e. Section 826.04, relating to incest;or314 f. Chapter 827, relating to the abuse of children;or315 g. Section 847.003, relating to sexual performance by a 316 child; or 317 h. Section 847.0137, relating to child pornography; or 318 3. A court of competent jurisdiction has determined a 319 parent or caregiver to be a sexual predator as defined in s. 320 775.21 or a parent or caregiver has received a substantially 321 similar designation under laws of another jurisdiction. 322 Section 5. Paragraph (b) of subsection (2) of section 323 39.301, Florida Statutes, is amended to read: 324 39.301 Initiation of protective investigations.— 325 (2) 326 (b) As used in this subsection, the term “criminal conduct” 327 means: 328 1. A child is known or suspected to be the victim of child 329 abuse, as defined in s. 827.03, or of neglect of a child, as 330 defined in s. 827.03. 331 2. A child is known or suspected to have died as a result 332 of abuse or neglect. 333 3. A child is known or suspected to be the victim of 334 aggravated child abuse, as defined in s. 827.03. 335 4. A child is known or suspected to be the victim of sexual 336 battery, as defined in s. 847.001827.071, or of sexual abuse, 337 as defined in s. 39.01. 338 5. A child is known or suspected to be the victim of 339 institutional child abuse or neglect, as defined in s. 39.01, 340 and as provided for in s. 39.302(1). 341 6. A child is known or suspected to be a victim of human 342 trafficking, as provided in s. 787.06. 343 Section 6. Paragraph (a) of subsection (6) of section 344 39.509, Florida Statutes, is amended to read: 345 39.509 Grandparents rights.—Notwithstanding any other 346 provision of law, a maternal or paternal grandparent as well as 347 a stepgrandparent is entitled to reasonable visitation with his 348 or her grandchild who has been adjudicated a dependent child and 349 taken from the physical custody of the parent unless the court 350 finds that such visitation is not in the best interest of the 351 child or that such visitation would interfere with the goals of 352 the case plan. Reasonable visitation may be unsupervised and, 353 where appropriate and feasible, may be frequent and continuing. 354 Any order for visitation or other contact must conform to the 355 provisions of s. 39.0139. 356 (6) In determining whether grandparental visitation is not 357 in the child’s best interest, consideration may be given to the 358 following: 359 (a) The finding of guilt, regardless of adjudication, or 360 entry or plea of guilty or nolo contendere to charges under the 361 following statutes, or similar statutes of other jurisdictions: 362 s. 787.04, relating to removing minors from the state or 363 concealing minors contrary to court order; s. 794.011, relating 364 to sexual battery; s. 798.02, relating to lewd and lascivious 365 behavior; chapter 800, relating to lewdness and indecent 366 exposure; s. 826.04, relating to incest;orchapter 827, 367 relating to the abuse of children; s. 847.003, relating to 368 sexual performance by a child; or s. 847.0137, relating to child 369 pornography. 370 Section 7. Paragraphs (b) and (c) of subsection (2) of 371 section 90.404, Florida Statutes, are amended to read: 372 90.404 Character evidence; when admissible.— 373 (2) OTHER CRIMES, WRONGS, OR ACTS.— 374 (b)1. In a criminal case in which the defendant is charged 375 with a crime involving child molestation, evidence of the 376 defendant’s commission of other crimes, wrongs, or acts of child 377 molestation is admissible and may be considered for its bearing 378 on any matter to which it is relevant. 379 2. For the purposes of this paragraph, the term “child 380 molestation” means conduct proscribed by s. 787.025(2)(c), s. 381 787.06(3)(g), former s. 787.06(3)(h), s. 794.011, excluding s. 382 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 383 800.04, former s. 827.071, s. 847.003, s. 847.0135(5), s. 384 847.0137, s. 847.0145, or s. 985.701(1) when committed against a 385 person 16 years of age or younger. 386 (c)1. In a criminal case in which the defendant is charged 387 with a sexual offense, evidence of the defendant’s commission of 388 other crimes, wrongs, or acts involving a sexual offense is 389 admissible and may be considered for its bearing on any matter 390 to which it is relevant. 391 2. For the purposes of this paragraph, the term “sexual 392 offense” means conduct proscribed by s. 787.025(2)(c), s. 393 787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), s. 394 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, 395 former s. 796.035, s. 825.1025(2)(b), former s. 827.071, s. 396 847.003, s. 847.0135(5), s. 847.0137, s. 847.0145, or s. 397 985.701(1). 398 Section 8. Subsections (2), (3), and (5) of section 92.56, 399 Florida Statutes, are amended to read: 400 92.56 Judicial proceedings and court records involving 401 sexual offenses and human trafficking.— 402 (2) A defendant charged with a crime described in s. 403 787.06(3)(a)1., (c)1., or (e)1.;,s. 787.06(3)(b), (d), (f), or 404 (g);,chapter 794;,or chapter 800;, orwith child abuse or,405 aggravated child abuse, or sexual performance by a childas 406 described in chapter 827; or with sexual performance by a child 407 as described in former s. 827.071 or s. 847.003,may apply to 408 the trial court for an order of disclosure of information in 409 court records held confidential and exempt pursuant to s. 410 119.0714(1)(h) or maintained as confidential and exempt pursuant 411 to court order under this section. Such identifying information 412 concerning the victim may be released to the defendant or his or 413 her attorney in order to prepare the defense. The confidential 414 and exempt status of this information may not be construed to 415 prevent the disclosure of the victim’s identity to the 416 defendant; however, the defendant may not disclose the victim’s 417 identity to any person other than the defendant’s attorney or 418 any other person directly involved in the preparation of the 419 defense. A willful and knowing disclosure of the identity of the 420 victim to any other person by the defendant constitutes 421 contempt. 422 (3) The state may use a pseudonym instead of the victim’s 423 name to designate the victim of a crime described in s. 424 787.06(3)(a)1., (c)1., or (e)1.;, ins. 787.06(3)(b), (d), (f), 425 or (g);, or inchapter 794; or chapter 800;, orof child abuse 426 or,aggravated child abuse, or sexual performance by a childas 427 described in chapter 827; of sexual performance by a child as 428 described in former s. 827.071 or s. 847.003;,or of any crime 429 involving the production, possession, or promotion of child 430 pornography as described in chapter 847, in all court records 431 and records of court proceedings, both civil and criminal. 432 (5) This section does not prohibit the publication or 433 broadcast of the substance of trial testimony in a prosecution 434 for an offense described in s. 787.06(3)(a)1., (c)1., or (e)1.;,435 s. 787.06(3)(b), (d), (f), or (g);,chapter 794;,or chapter 436 800;, ora crime of child abuse or,aggravated child abuse, or437sexual performance by a child,as described in chapter 827; or 438 sexual performance by a child as described in former s. 827.071 439 or s. 847.003, but the publication or broadcast may not include 440 an identifying photograph, an identifiable voice, or the name or 441 address of the victim, unless the victim has consented in 442 writing to the publication and filed such consent with the court 443 or unless the court has declared such records not confidential 444 and exempt as provided for in subsection (1). 445 Section 9. Subsection (1) of section 92.561, Florida 446 Statutes, is amended to read: 447 92.561 Prohibition on reproduction of child pornography.— 448 (1) In a criminal proceeding, any property or material that 449 portrays sexual performance by a child as defined in former s. 450 827.071 or s. 847.003, or constitutes child pornography as 451 defined in s. 847.0137847.001, must remain secured or locked in 452 the care, custody, and control of a law enforcement agency, the 453 state attorney, or the court. 454 Section 10. Subsection (2) of section 92.565, Florida 455 Statutes, is amended to read: 456 92.565 Admissibility of confession in sexual abuse cases.— 457 (2) In any criminal action in which the defendant is 458 charged with a crime against a victim under s. 794.011; s. 459 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse; 460 s. 827.04, involving sexual abuse; former s. 827.071; s. 461 847.003;ors. 847.0135(5); or s. 847.0137, or any other crime 462 involving sexual abuse of another, or with any attempt, 463 solicitation, or conspiracy to commit any of these crimes, the 464 defendant’s memorialized confession or admission is admissible 465 during trial without the state having to prove a corpus delicti 466 of the crime if the court finds in a hearing conducted outside 467 the presence of the jury that the state is unable to show the 468 existence of each element of the crime, and having so found, 469 further finds that the defendant’s confession or admission is 470 trustworthy. Factors which may be relevant in determining 471 whether the state is unable to show the existence of each 472 element of the crime include, but are not limited to, the fact 473 that, at the time the crime was committed, the victim was: 474 (a) Physically helpless, mentally incapacitated, or 475 mentally defective, as those terms are defined in s. 794.011; 476 (b) Physically incapacitated due to age, infirmity, or any 477 other cause; or 478 (c) Less than 12 years of age. 479 Section 11. Paragraphs (ll) and (qq) of subsection (2) of 480 section 435.04, Florida Statutes, are amended to read: 481 435.04 Level 2 screening standards.— 482 (2) The security background investigations under this 483 section must ensure that no persons subject to the provisions of 484 this section have been arrested for and are awaiting final 485 disposition of, have been found guilty of, regardless of 486 adjudication, or entered a plea of nolo contendere or guilty to, 487 or have been adjudicated delinquent and the record has not been 488 sealed or expunged for, any offense prohibited under any of the 489 following provisions of state law or similar law of another 490 jurisdiction: 491 (ll) Former s.Section827.071, relating to sexual 492 performance by a child. 493 (qq) Chapter 847, relating to obscenity and child 494 pornographyobscene literature. 495 Section 12. Paragraph (o) of subsection (5) of section 496 456.074, Florida Statutes, is amended, paragraphs (r) and (s) of 497 that subsection are redesignated as paragraphs (s) and (t), 498 respectively, and a new paragraph (r) is added to that 499 subsection, to read: 500 456.074 Certain health care practitioners; immediate 501 suspension of license.— 502 (5) The department shall issue an emergency order 503 suspending the license of a massage therapist or establishment 504 as defined in chapter 480 upon receipt of information that the 505 massage therapist, a person with an ownership interest in the 506 establishment, or, for a corporation that has more than $250,000 507 of business assets in this state, the owner, officer, or 508 individual directly involved in the management of the 509 establishment has been convicted or found guilty of, or has 510 entered a plea of guilty or nolo contendere to, regardless of 511 adjudication, a felony offense under any of the following 512 provisions of state law or a similar provision in another 513 jurisdiction: 514 (o) Former s.Section827.071 or s. 847.003, relating to 515 sexual performance by a child. 516 (r) Section 847.0137, relating to child pornography. 517 Section 13. Paragraph (o) of subsection (7) of section 518 480.041, Florida Statutes, is amended, paragraphs (r) and (s) of 519 that subsection are redesignated as paragraphs (s) and (t), 520 respectively, and a new paragraph (r) is added to that 521 subsection, to read: 522 480.041 Massage therapists; qualifications; licensure; 523 endorsement.— 524 (7) The board shall deny an application for a new or 525 renewal license if an applicant has been convicted or found 526 guilty of, or enters a plea of guilty or nolo contendere to, 527 regardless of adjudication, a felony offense under any of the 528 following provisions of state law or a similar provision in 529 another jurisdiction: 530 (o) Former s.Section827.071 or s. 847.003, relating to 531 sexual performance by a child. 532 (r) Section 847.0137, relating to child pornography. 533 Section 14. Paragraph (o) of subsection (8) of section 534 480.043, Florida Statutes, is amended, paragraphs (r) and (s) of 535 that subsection are redesignated as paragraphs (s) and (t), 536 respectively, and a new paragraph (r) is added to that 537 subsection, to read: 538 480.043 Massage establishments; requisites; licensure; 539 inspection.— 540 (8) The department shall deny an application for a new or 541 renewal license if a person with an ownership interest in the 542 establishment or, for a corporation that has more than $250,000 543 of business assets in this state, the owner, officer, or 544 individual directly involved in the management of the 545 establishment has been convicted or found guilty of, or entered 546 a plea of guilty or nolo contendere to, regardless of 547 adjudication, a felony offense under any of the following 548 provisions of state law or a similar provision in another 549 jurisdiction: 550 (o) Former s.Section827.071 or s. 847.003, relating to 551 sexual performance by a child. 552 (r) Section 847.0137, relating to child pornography. 553 Section 15. Paragraph (b) of subsection (3) of section 554 743.067, Florida Statutes, is amended to read: 555 743.067 Unaccompanied homeless youths.— 556 (3) An unaccompanied homeless youth may: 557 (b) Notwithstanding s. 394.4625(1), consent to medical, 558 dental, psychological, substance abuse, and surgical diagnosis 559 and treatment, including preventative care and care by a 560 facility licensed under chapter 394, chapter 395, or chapter 397 561 and any forensic medical examination for the purpose of 562 investigating any felony offense under chapter 784, chapter 787, 563 chapter 794, chapter 800,orchapter 827, s. 847.003, or s. 564 847.0137, for: 565 1. Himself or herself; or 566 2. His or her child, if the unaccompanied homeless youth is 567 unmarried, is the parent of the child, and has actual custody of 568 the child. 569 Section 16. Paragraph (a) of subsection (1) of section 570 772.102, Florida Statutes, is amended to read: 571 772.102 Definitions.—As used in this chapter, the term: 572 (1) “Criminal activity” means to commit, to attempt to 573 commit, to conspire to commit, or to solicit, coerce, or 574 intimidate another person to commit: 575 (a) Any crime that is chargeable by indictment or 576 information under the following provisions: 577 1. Section 210.18, relating to evasion of payment of 578 cigarette taxes. 579 2. Section 414.39, relating to public assistance fraud. 580 3. Section 440.105 or s. 440.106, relating to workers’ 581 compensation. 582 4. Part IV of chapter 501, relating to telemarketing. 583 5. Chapter 517, relating to securities transactions. 584 6. Section 550.235 or s. 550.3551, relating to dogracing 585 and horseracing. 586 7. Chapter 550, relating to jai alai frontons. 587 8. Chapter 552, relating to the manufacture, distribution, 588 and use of explosives. 589 9. Chapter 562, relating to beverage law enforcement. 590 10. Section 624.401, relating to transacting insurance 591 without a certificate of authority, s. 624.437(4)(c)1., relating 592 to operating an unauthorized multiple-employer welfare 593 arrangement, or s. 626.902(1)(b), relating to representing or 594 aiding an unauthorized insurer. 595 11. Chapter 687, relating to interest and usurious 596 practices. 597 12. Section 721.08, s. 721.09, or s. 721.13, relating to 598 real estate timeshare plans. 599 13. Chapter 782, relating to homicide. 600 14. Chapter 784, relating to assault and battery. 601 15. Chapter 787, relating to kidnapping or human 602 trafficking. 603 16. Chapter 790, relating to weapons and firearms. 604 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07, 605 relating to prostitution. 606 18. Chapter 806, relating to arson. 607 19. Section 810.02(2)(c), relating to specified burglary of 608 a dwelling or structure. 609 20. Chapter 812, relating to theft, robbery, and related 610 crimes. 611 21. Chapter 815, relating to computer-related crimes. 612 22. Chapter 817, relating to fraudulent practices, false 613 pretenses, fraud generally, and credit card crimes. 614 23. Former s.Section827.071, relating to commercial 615 sexual exploitation of children. 616 24. Chapter 831, relating to forgery and counterfeiting. 617 25. Chapter 832, relating to issuance of worthless checks 618 and drafts. 619 26. Section 836.05, relating to extortion. 620 27. Chapter 837, relating to perjury. 621 28. Chapter 838, relating to bribery and misuse of public 622 office. 623 29. Chapter 843, relating to obstruction of justice. 624 30. Section 847.003, relating to sexual performance by a 625 child. 626 31.30.Section 847.011, s. 847.012, s. 847.013, s. 847.06, 627 or s. 847.07, relating to obscene literature and profanity. 628 32.31.Section 849.09, s. 849.14, s. 849.15, s. 849.23, or 629 s. 849.25, relating to gambling. 630 33.32.Chapter 893, relating to drug abuse prevention and 631 control. 632 34.33.Section 914.22 or s. 914.23, relating to witnesses, 633 victims, or informants. 634 35.34.Section 918.12 or s. 918.13, relating to tampering 635 with jurors and evidence. 636 Section 17. Paragraph (a) of subsection (9) of section 637 775.082, Florida Statutes, is amended to read: 638 775.082 Penalties; applicability of sentencing structures; 639 mandatory minimum sentences for certain reoffenders previously 640 released from prison.— 641 (9)(a)1. “Prison releasee reoffender” means any defendant 642 who commits, or attempts to commit: 643 a. Treason; 644 b. Murder; 645 c. Manslaughter; 646 d. Sexual battery; 647 e. Carjacking; 648 f. Home-invasion robbery; 649 g. Robbery; 650 h. Arson; 651 i. Kidnapping; 652 j. Aggravated assault with a deadly weapon; 653 k. Aggravated battery; 654 l. Aggravated stalking; 655 m. Aircraft piracy; 656 n. Unlawful throwing, placing, or discharging of a 657 destructive device or bomb; 658 o. Any felony that involves the use or threat of physical 659 force or violence against an individual; 660 p. Armed burglary; 661 q. Burglary of a dwelling or burglary of an occupied 662 structure; or 663 r. Any felony violation of s. 790.07, s. 800.04, s. 827.03, 664 former s. 827.071, s. 847.003,ors. 847.0135(5), or s. 665 847.0137; 666 667 within 3 years after being released from a state correctional 668 facility operated by the Department of Corrections or a private 669 vendor or within 3 years after being released from a 670 correctional institution of another state, the District of 671 Columbia, the United States, any possession or territory of the 672 United States, or any foreign jurisdiction, following 673 incarceration for an offense for which the sentence is 674 punishable by more than 1 year in this state. 675 2. “Prison releasee reoffender” also means any defendant 676 who commits or attempts to commit any offense listed in sub 677 subparagraphs (a)1.a.-r. while the defendant was serving a 678 prison sentence or on escape status from a state correctional 679 facility operated by the Department of Corrections or a private 680 vendor or while the defendant was on escape status from a 681 correctional institution of another state, the District of 682 Columbia, the United States, any possession or territory of the 683 United States, or any foreign jurisdiction, following 684 incarceration for an offense for which the sentence is 685 punishable by more than 1 year in this state. 686 3. If the state attorney determines that a defendant is a 687 prison releasee reoffender as defined in subparagraph 1., the 688 state attorney may seek to have the court sentence the defendant 689 as a prison releasee reoffender. Upon proof from the state 690 attorney that establishes by a preponderance of the evidence 691 that a defendant is a prison releasee reoffender as defined in 692 this section, such defendant is not eligible for sentencing 693 under the sentencing guidelines and must be sentenced as 694 follows: 695 a. For a felony punishable by life, by a term of 696 imprisonment for life; 697 b. For a felony of the first degree, by a term of 698 imprisonment of 30 years; 699 c. For a felony of the second degree, by a term of 700 imprisonment of 15 years; and 701 d. For a felony of the third degree, by a term of 702 imprisonment of 5 years. 703 Section 18. Paragraphs (b) and (f) of subsection (1) and 704 subsection (2) of section 775.0847, Florida Statutes, are 705 amended to read: 706 775.0847 Possession or promotion of certain visual 707 depictionsimagesof child pornography; reclassification.— 708 (1) For purposes of this section: 709 (b) “Child pornography” has the same meaning as provided in 710 s. 847.0137means any image depicting a minor engaged in sexual711conduct. 712 (f) “Sexual conduct” means actual or simulated sexual 713 intercourse, deviate sexual intercourse, sexual bestiality, 714 masturbation, or sadomasochistic abuse; actual or simulated lewd 715 exhibition of the genitals; actual physical contact with a 716 person’s clothed or unclothed genitals, pubic area, buttocks, 717 or, if such person is a female, breast with the intent to arouse 718 or gratify the sexual desire of either party; or any act or 719 conduct which constitutes sexual battery or simulates that 720 sexual battery is being or will be committed. A mother’s 721 breastfeeding of her baby does not under any circumstance 722 constitute “sexual conduct.” 723 (2) A violation of former s. 827.071, s. 847.003, s. 724 847.0135, s. 847.0137, or s. 847.0138 shall be reclassified to 725 the next higher degree as provided in subsection (3) if: 726 (a) The offender possesses 10 or more visual depictions or 727 images of any form of child pornography regardless of content; 728 and 729 (b) The content of at least one visual depiction or image 730 contains one or more of the following: 731 1. A child who is younger than the age of 5. 732 2. Sadomasochistic abuse involving a child. 733 3. Sexual battery involving a child. 734 4. Sexual bestiality involving a child. 735 5. Any movie involving a child, regardless of length and 736 regardless of whether the movie contains sound. 737 Section 19. Subsection (1) of section 775.0877, Florida 738 Statutes, is amended to read: 739 775.0877 Criminal transmission of HIV; procedures; 740 penalties.— 741 (1) In any case in which a person has been convicted of or 742 has pled nolo contendere or guilty to, regardless of whether 743 adjudication is withheld, any of the following offenses, or the 744 attempt thereof, which offense or attempted offense involves the 745 transmission of body fluids from one person to another: 746 (a) Section 794.011, relating to sexual battery; 747 (b) Section 826.04, relating to incest; 748 (c) Section 800.04, relating to lewd or lascivious offenses 749 committed upon or in the presence of persons less than 16 years 750 of age; 751 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), 752 relating to assault; 753 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), 754 relating to aggravated assault; 755 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), 756 relating to battery; 757 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), 758 relating to aggravated battery; 759 (h) Section 827.03(2)(c), relating to child abuse; 760 (i) Section 827.03(2)(a), relating to aggravated child 761 abuse; 762 (j) Section 825.102(1), relating to abuse of an elderly 763 person or disabled adult; 764 (k) Section 825.102(2), relating to aggravated abuse of an 765 elderly person or disabled adult; 766 (l) Former s.Section827.071 or s. 847.003, relating to 767 sexual performance by a childperson less than 18 years of age; 768 (m) Sections 796.07 and 796.08, relating to prostitution; 769 (n) Section 381.0041(11)(b), relating to donation of blood, 770 plasma, organs, skin, or other human tissue; or 771 (o) Sections 787.06(3)(b), (d), (f), and (g), relating to 772 human trafficking, 773 774 the court shall order the offender to undergo HIV testing, to be 775 performed under the direction of the Department of Health in 776 accordance with s. 381.004, unless the offender has undergone 777 HIV testing voluntarily or pursuant to procedures established in 778 s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or 779 rule providing for HIV testing of criminal offenders or inmates, 780 subsequent to her or his arrest for an offense enumerated in 781 paragraphs (a)-(n) for which she or he was convicted or to which 782 she or he pled nolo contendere or guilty. The results of an HIV 783 test performed on an offender pursuant to this subsection are 784 not admissible in any criminal proceeding arising out of the 785 alleged offense. 786 Section 20. Paragraph (a) of subsection (4) and paragraph 787 (b) of subsection (10) of section 775.21, Florida Statutes, are 788 amended to read: 789 775.21 The Florida Sexual Predators Act.— 790 (4) SEXUAL PREDATOR CRITERIA.— 791 (a) For a current offense committed on or after October 1, 792 1993, upon conviction, an offender shall be designated as a 793 “sexual predator” under subsection (5), and subject to 794 registration under subsection (6) and community and public 795 notification under subsection (7) if: 796 1. The felony is: 797 a. A capital, life, or first degree felony violation, or 798 any attempt thereof, of s. 787.01 or s. 787.02, where the victim 799 is a minor and the defendant is not the victim’s parent or 800 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a 801 violation of a similar law of another jurisdiction; or 802 b. Any felony violation, or any attempt thereof, of s. 803 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 804 787.025(2)(c), where the victim is a minor and the defendant is 805 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f), 806 or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 807 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 808 800.04; s. 810.145(8)(b); s. 825.1025; former s. 827.071; s. 809 847.003; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 810 847.0145; s. 916.1075(2); or s. 985.701(1); or a violation of a 811 similar law of another jurisdiction, and the offender has 812 previously been convicted of or found to have committed, or has 813 pled nolo contendere or guilty to, regardless of adjudication, 814 any violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s. 815 787.02, or s. 787.025(2)(c), where the victim is a minor and the 816 defendant is not the victim’s parent or guardian; s. 817 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 818 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 819 former s. 796.035; s. 800.04; s. 825.1025; former s. 827.071; s. 820 847.003; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 821 847.0137; s. 847.0145; s. 916.1075(2); or s. 985.701(1); or a 822 violation of a similar law of another jurisdiction; 823 2. The offender has not received a pardon for any felony or 824 similar law of another jurisdiction that is necessary for the 825 operation of this paragraph; and 826 3. A conviction of a felony or similar law of another 827 jurisdiction necessary to the operation of this paragraph has 828 not been set aside in any postconviction proceeding. 829 (10) PENALTIES.— 830 (b) A sexual predator who has been convicted of or found to 831 have committed, or has pled nolo contendere or guilty to, 832 regardless of adjudication, any violation, or attempted 833 violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where 834 the victim is a minor and the defendant is not the victim’s 835 parent or guardian; s. 794.011, excluding s. 794.011(10); s. 836 794.05; former s. 796.03; former s. 796.035; s. 800.04; former 837 s. 827.071; s. 847.003; s. 847.0133; s. 847.0135(5); s. 838 847.0137; s. 847.0145; or s. 985.701(1); or a violation of a 839 similar law of another jurisdiction when the victim of the 840 offense was a minor, and who works, whether for compensation or 841 as a volunteer, at any business, school, child care facility, 842 park, playground, or other place where children regularly 843 congregate, commits a felony of the third degree, punishable as 844 provided in s. 775.082, s. 775.083, or s. 775.084. 845 Section 21. Subsection (2) and paragraphs (a) and (c) of 846 subsection (3) of section 775.215, Florida Statutes, are amended 847 to read: 848 775.215 Residency restriction for persons convicted of 849 certain sex offenses.— 850 (2)(a) A person who has been convicted of a violation of s. 851 794.011, s. 800.04, former s. 827.071, s. 847.003, s. 852 847.0135(5), or s. 847.0145, regardless of whether adjudication 853 has been withheld, in which the victim of the offense was less 854 than 16 years of age, may not reside within 1,000 feet of any 855 school, child care facility, park, or playground. However, a 856 person does not violate this subsection and may not be forced to 857 relocate if he or she is living in a residence that meets the 858 requirements of this subsection and a school, child care 859 facility, park, or playground is subsequently established within 860 1,000 feet of his or her residence. 861 (b) A person who violates this subsection and whose 862 conviction under s. 794.011, s. 800.04, former s. 827.071, s. 863 847.003, s. 847.0135(5), or s. 847.0145 was classified as a 864 felony of the first degree or higher commits a felony of the 865 third degree, punishable as provided in s. 775.082 or s. 866 775.083. A person who violates this subsection and whose 867 conviction under s. 794.011, s. 800.04, former s. 827.071, s. 868 847.003, s. 847.0135(5), or s. 847.0145 was classified as a 869 felony of the second or third degree commits a misdemeanor of 870 the first degree, punishable as provided in s. 775.082 or s. 871 775.083. 872 (c) This subsection applies to any person convicted of a 873 violation of s. 794.011, s. 800.04, former s. 827.071, s. 874 847.003, s. 847.0135(5), or s. 847.0145 for offenses that occur 875 on or after October 1, 2004, excluding persons who have been 876 removed from the requirement to register as a sexual offender or 877 sexual predator pursuant to s. 943.04354. 878 (3)(a) A person who has been convicted of an offense in 879 another jurisdiction that is similar to a violation of s. 880 794.011, s. 800.04, former s. 827.071, s. 847.003, s. 881 847.0135(5), or s. 847.0145, regardless of whether adjudication 882 has been withheld, in which the victim of the offense was less 883 than 16 years of age, may not reside within 1,000 feet of any 884 school, child care facility, park, or playground. However, a 885 person does not violate this subsection and may not be forced to 886 relocate if he or she is living in a residence that meets the 887 requirements of this subsection and a school, child care 888 facility, park, or playground is subsequently established within 889 1,000 feet of his or her residence. 890 (c) This subsection applies to any person convicted of an 891 offense in another jurisdiction that is similar to a violation 892 of s. 794.011, s. 800.04, former s. 827.071, s. 847.003, s. 893 847.0135(5), or s. 847.0145 if such offense occurred on or after 894 May 26, 2010, excluding persons who have been removed from the 895 requirement to register as a sexual offender or sexual predator 896 pursuant to s. 943.04354. 897 Section 22. Paragraph (c) of subsection (1) of section 898 784.046, Florida Statutes, is amended to read: 899 784.046 Action by victim of repeat violence, sexual 900 violence, or dating violence for protective injunction; dating 901 violence investigations, notice to victims, and reporting; 902 pretrial release violations; public records exemption.— 903 (1) As used in this section, the term: 904 (c) “Sexual violence” means any one incident of: 905 1. Sexual battery, as defined in chapter 794; 906 2. A lewd or lascivious act, as defined in chapter 800, 907 committed upon or in the presence of a person younger than 16 908 years of age; 909 3. Luring or enticing a child, as described in chapter 787; 910 4. Sexual performance by a child, as described in former s. 911 827.071 or s. 847.003chapter 827; or 912 5. Any other forcible felony wherein a sexual act is 913 committed or attempted, 914 915 regardless of whether criminal charges based on the incident 916 were filed, reduced, or dismissed by the state attorney. 917 Section 23. Subsection (2) of section 794.0115, Florida 918 Statutes, is amended to read: 919 794.0115 Dangerous sexual felony offender; mandatory 920 sentencing.— 921 (2) Any person who is convicted of a violation of s. 922 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 923 800.04(4) or (5); s. 825.1025(2) or (3); former s. 827.071(2), 924 (3), or (4); s. 847.003; s. 847.0137(2)(a); or s. 847.0145; or 925 of any similar offense under a former designation, which offense 926 the person committed when he or she was 18 years of age or 927 older, and the person: 928 (a) Caused serious personal injury to the victim as a 929 result of the commission of the offense; 930 (b) Used or threatened to use a deadly weapon during the 931 commission of the offense; 932 (c) Victimized more than one person during the course of 933 the criminal episode applicable to the offense; 934 (d) Committed the offense while under the jurisdiction of a 935 court for a felony offense under the laws of this state, for an 936 offense that is a felony in another jurisdiction, or for an 937 offense that would be a felony if that offense were committed in 938 this state; or 939 (e) Has previously been convicted of a violation of s. 940 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 941 800.04(4) or (5); s. 825.1025(2) or (3); former s. 827.071(2), 942 (3), or (4); s. 847.003; s. 847.0137(2)(a); or s. 847.0145; of 943 any offense under a former statutory designation which is 944 similar in elements to an offense described in this paragraph; 945 or of any offense that is a felony in another jurisdiction, or 946 would be a felony if that offense were committed in this state, 947 and which is similar in elements to an offense described in this 948 paragraph, 949 950 is a dangerous sexual felony offender, who must be sentenced to 951 a mandatory minimum term of 25 years imprisonment up to, and 952 including, life imprisonment. If the offense described in this 953 subsection was committed on or after October 1, 2014, a person 954 who qualifies as a dangerous sexual felony offender pursuant to 955 this subsection must be sentenced to a mandatory minimum term of 956 50 years imprisonment up to, and including, life imprisonment. 957 Section 24. Subsection (1) of section 794.024, Florida 958 Statutes, is amended to read: 959 794.024 Unlawful to disclose identifying information.— 960 (1) A public employee or officer who has access to the 961 photograph, name, or address of a person who is alleged to be 962 the victim of an offense described in this chapter, chapter 800, 963 s. 827.03, s. 827.04, formerors. 827.071, s. 847.003, or s. 964 847.0137 may not willfully and knowingly disclose it to a person 965 who is not assisting in the investigation or prosecution of the 966 alleged offense or to any person other than the defendant, the 967 defendant’s attorney, a person specified in an order entered by 968 the court having jurisdiction of the alleged offense, or 969 organizations authorized to receive such information made exempt 970 by s. 119.071(2)(h), or to a rape crisis center or sexual 971 assault counselor, as defined in s. 90.5035(1)(b), who will be 972 offering services to the victim. 973 Section 25. Subsection (1) of section 794.056, Florida 974 Statutes, is amended to read: 975 794.056 Rape Crisis Program Trust Fund.— 976 (1) The Rape Crisis Program Trust Fund is created within 977 the Department of Health for the purpose of providing funds for 978 rape crisis centers in this state. Trust fund moneys shall be 979 used exclusively for the purpose of providing services for 980 victims of sexual assault. Funds credited to the trust fund 981 consist of those funds collected as an additional court 982 assessment in each case in which a defendant pleads guilty or 983 nolo contendere to, or is found guilty of, regardless of 984 adjudication, an offense provided in s. 775.21(6) and (10)(a), 985 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 986 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 987 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s. 988 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; 989 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 990 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 991 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s. 992 825.1025; former s. 827.071; s. 836.10; s. 847.003; s. 847.0133; 993 s. 847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c), 994 (7), (8), (9)(a), (13), and (14)(c); or s. 985.701(1). Funds 995 credited to the trust fund also shall include revenues provided 996 by law, moneys appropriated by the Legislature, and grants from 997 public or private entities. 998 Section 26. Section 796.001, Florida Statutes, is amended 999 to read: 1000 796.001 Offenses by adults involving minors; intent.—It is 1001 the intent of the Legislature that adults who involve minors in 1002 any behavior prohibited under this chapter be prosecuted under 1003 other laws of this state, such as, but not limited to, s. 1004 787.06, chapter 794, chapter 800, s. 810.145, former s. 827.071 1005chapter 827, and chapter 847. The Legislature finds that 1006 prosecution of such adults under this chapter is inappropriate 1007 since a minor is unable to consent to such behavior. 1008 Section 27. Section 827.071, Florida Statutes, is repealed. 1009 Section 28. Subsections (3) and (16) of section 847.001, 1010 Florida Statutes, are amended to read: 1011 847.001 Definitions.—As used in this chapter, the term: 1012 (3) “Child pornography” has the same meaning as provided in 1013 s. 847.0137means any image depicting a minor engaged in sexual1014conduct. 1015 (16) “Sexual conduct” means actual or simulated sexual 1016 intercourse, deviate sexual intercourse, sexual bestiality, 1017 masturbation, or sadomasochistic abuse; actual or simulated lewd 1018 exhibition of the genitals; actual physical contact with a 1019 person’s clothed or unclothed genitals, pubic area, buttocks, 1020 or, if such person is a female, breast with the intent to arouse 1021 or gratify the sexual desire of either party; or any act or 1022 conduct which constitutes sexual battery or simulates that 1023 sexual battery is being or will be committed. A mother’s 1024 breastfeeding of her baby does not under any circumstance 1025 constitute “sexual conduct.” 1026 Section 29. Section 847.003, Florida Statutes, is created 1027 to read: 1028 847.003 Sexual performance by a child; penalties.— 1029 (1) As used in this section, the term: 1030 (a) “Performance” means any play, motion picture, 1031 photograph, or dance or any other visual representation 1032 exhibited before an audience. 1033 (b) “Promote” means to procure, manufacture, issue, sell, 1034 give, provide, lend, mail, deliver, transfer, transmute, 1035 publish, distribute, circulate, disseminate, present, exhibit, 1036 or advertise or to offer or agree to do the same. 1037 (c) “Sexual performance” means any performance or part 1038 thereof which includes sexual conduct by a minor. 1039 (2) A person who, knowing the character and content 1040 thereof, employs, authorizes, or induces a minor to engage in a 1041 sexual performance or, being a parent, legal guardian, or 1042 custodian of such minor, consents to the participation by such 1043 minor in a sexual performance commits the offense of use of a 1044 child in a sexual performance, a felony of the second degree, 1045 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1046 (3) A person who, knowing the character and content 1047 thereof, produces, directs, or promotes any performance that 1048 includes sexual conduct by a minor commits the offense of 1049 promoting a sexual performance by a child, a felony of the 1050 second degree, punishable as provided in s. 775.082, s. 775.083, 1051 or s. 775.084. 1052 Section 30. Subsections (3) and (4) of section 847.0135, 1053 Florida Statutes, are amended to read: 1054 847.0135 Computer pornography; prohibited computer usage; 1055 traveling to meet minor; penalties.— 1056 (3) CERTAIN USES OF COMPUTER SERVICES OR DEVICES 1057 PROHIBITED.—Any person who knowingly uses a computer online 1058 service, Internet service, local bulletin board service, or any 1059 other device capable of electronic data storage or transmission 1060 to: 1061 (a) Seduce, solicit, lure, or entice, or attempt to seduce, 1062 solicit, lure, or entice, a child or another person believed by 1063 the person to be a child,to commit any illegal act described in 1064 chapter 794, chapter 800, former s. 827.071or chapter 827, s. 1065 847.003, or s. 847.0137, or to otherwise engage in any unlawful 1066 sexual conduct with a child or with another person believed by 1067 the person to be a child; or 1068 (b) Solicit, lure, or entice, or attempt to solicit, lure, 1069 or entice a parent, legal guardian, or custodian of a child or a 1070 person believed to be a parent, legal guardian, or custodian of 1071 a child to consent to the participation of such child in any act 1072 described in chapter 794, chapter 800, former s. 827.071or1073chapter 827, s. 847.003, or s. 847.0137, or to otherwise engage 1074 in any sexual conduct, 1075 1076 commits a felony of the third degree, punishable as provided in 1077 s. 775.082, s. 775.083, or s. 775.084. Any person who, in 1078 violating this subsection, misrepresents his or her age, commits 1079 a felony of the second degree, punishable as provided in s. 1080 775.082, s. 775.083, or s. 775.084. Each separate use of a 1081 computer online service, Internet service, local bulletin board 1082 service, or any other device capable of electronic data storage 1083 or transmission wherein an offense described in this section is 1084 committed may be charged as a separate offense. 1085 (4) TRAVELING TO MEET A MINOR.—Any person who travels any 1086 distance either within this state, to this state, or from this 1087 state by any means, who attempts to do so, or who causes another 1088 to do so or to attempt to do so for the purpose of engaging in 1089 any illegal act described in chapter 794, chapter 800, former s. 1090 827.071or chapter 827, s. 847.003, or s. 847.0137, or to 1091 otherwise engage in other unlawful sexual conduct with a child 1092 or with another person believed by the person to be a child 1093 after using a computer online service, Internet service, local 1094 bulletin board service, or any other device capable of 1095 electronic data storage or transmission to: 1096 (a) Seduce, solicit, lure, or entice or attempt to seduce, 1097 solicit, lure, or entice a child or another person believed by 1098 the person to be a child, to engage in any illegal act described 1099 in chapter 794, chapter 800, former s. 827.071or chapter 827, 1100 s. 847.003, or s. 847.0137, or to otherwise engage in other 1101 unlawful sexual conduct with a child; or 1102 (b) Solicit, lure, or entice or attempt to solicit, lure, 1103 or entice a parent, legal guardian, or custodian of a child or a 1104 person believed to be a parent, legal guardian, or custodian of 1105 a child to consent to the participation of such child in any act 1106 described in chapter 794, chapter 800, former s. 827.071or1107chapter 827, s. 847.003, or s. 847.0137, or to otherwise engage 1108 in any sexual conduct, 1109 1110 commits a felony of the second degree, punishable as provided in 1111 s. 775.082, s. 775.083, or s. 775.084. 1112 Section 31. Subsection (1) of section 847.01357, Florida 1113 Statutes, is amended to read: 1114 847.01357 Exploited children’s civil remedy.— 1115 (1) Any person who, while under the age of 18, was a victim 1116 of a sexual abuse crime listed in chapter 794, chapter 800, 1117 former s. 827.071chapter 827, or chapter 847, where any portion 1118 of such abuse was used in the production of child pornography, 1119 and who suffers personal or psychological injury as a result of 1120 the production, promotion, or possession of such images or 1121 movies, may bring an action in an appropriate state court 1122 against the producer, promoter, or possessor of such images or 1123 movies, regardless of whether the victim is now an adult. In any 1124 action brought under this section, a prevailing plaintiff shall 1125 recover the actual damages such person sustained and the cost of 1126 the suit, including reasonable attorneyattorney’sfees. Any 1127 victim who is awarded damages under this section shall be deemed 1128 to have sustained damages of at least $150,000. 1129 Section 32. Section 847.0137, Florida Statutes, is amended 1130 to read: 1131 847.0137 Child pornography;Transmission of pornography by1132electronic device or equipmentprohibited acts; penalties.— 1133 (1) For purposes of this section: 1134 (a) “Child pornography” means a visual depiction of sexual 1135 conduct, where: 1136 1. The production of such visual depiction involves the use 1137 of a minor engaging in sexual conduct; or 1138 2. Such visual depiction has been created, adapted, or 1139 modified to appear that an identifiable minor is engaging in 1140 sexual conduct. 1141 (b) “Identifiable minor” means a person who is recognizable 1142 as an actual person by the person’s face, likeness, or other 1143 distinguishing characteristic, such as a unique birthmark or 1144 other recognizable feature, and: 1145 1. Who was a minor at the time the visual depiction was 1146 created, adapted, or modified; or 1147 2. Whose image as a minor was used in creating, adapting, 1148 or modifying the visual depiction. 1149 (c) “Intentionally view” means to deliberately, 1150 purposefully, and voluntarily view. Proof of intentional viewing 1151 requires establishing that a person deliberately, purposefully, 1152 and voluntarily viewed more than one visual depiction over any 1153 period of time. 1154 (d)(a)“Minor” means any person less than 18 years of age. 1155 (e) “Promote” means to procure, manufacture, issue, sell, 1156 give, provide, lend, mail, deliver, transfer, transmute, 1157 publish, distribute, circulate, disseminate, present, exhibit, 1158 or advertise or to offer or agree to do the same. 1159 (f)(b)“Transmit” means the act of sending and causing to 1160 be delivered any visual depictionimage, information, or data 1161 from one or more persons or places to one or more other persons 1162 or places over or through any medium, including the Internet, by 1163 use of any electronic equipment or device. 1164 (g) “Visual depiction” includes, but is not limited to, any 1165 photograph, picture, motion picture, film, video, 1166 representation, or computer or computer-generated image or 1167 picture, whether made or produced by electronic, mechanical, or 1168 other means. The term also includes undeveloped film and 1169 videotape, data stored on computer disk or by electronic means 1170 which is capable of conversion into a visual image, and data 1171 that is capable of conversion into a visual image that has been 1172 transmitted by any means, whether stored in a permanent or 1173 nonpermanent format. 1174 (2)(a) It is unlawful for a person to possess, with the 1175 intent to promote, child pornography. The possession of three or 1176 more visual depictions of child pornography is prima facie 1177 evidence of an intent to promote. A person who violates this 1178 paragraph commits a felony of the second degree, punishable as 1179 provided in s. 775.082, s. 775.083, or s. 775.084. 1180 (b) It is unlawful for a person to knowingly possess, 1181 control, or intentionally view child pornography. The 1182 possession, control, or intentional viewing of each visual 1183 depiction of child pornography is a separate offense. If such 1184 visual depiction includes sexual conduct by more than one minor, 1185 each such minor in each such visual depiction that is knowingly 1186 possessed, controlled, or intentionally viewed is a separate 1187 offense. A person who violates this paragraph commits a felony 1188 of the third degree, punishable as provided in s. 775.082, s. 1189 775.083, or s. 775.084. 1190 (c) This subsection does not apply to child pornography 1191 possessed, controlled, or intentionally viewed as part of a law 1192 enforcement investigation. 1193 (d) Prosecution of a person for an offense under this 1194 subsection does not prohibit prosecution of that person in this 1195 state for a violation of any law of this state, including a law 1196 providing for greater penalties than prescribed in this section 1197 or any other crime punishing the sexual performance or sexual 1198 exploitation of children. 1199 (3)(a)(2)Notwithstanding ss. 847.012 and 847.0133, aany1200 person in this state who knew or reasonably should have known 1201 that he or she was transmitting child pornography, as defined in1202s. 847.001,to another person in this state or in another 1203 jurisdiction commits a felony of the third degree, punishable as 1204 provided in s. 775.082, s. 775.083, or s. 775.084. 1205 (b)(3)Notwithstanding ss. 847.012 and 847.0133, aany1206 person in any jurisdiction other than this state who knew or 1207 reasonably should have known that he or she was transmitting 1208 child pornography, as defined in s. 847.001,to anotherany1209 person in this state commits a felony of the third degree, 1210 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1211 (c)(4)This subsection doessection shallnotbe construed1212toprohibit prosecution of a person in this state or another 1213 jurisdiction for a violation of any law of this state, including 1214 a law providing for greater penalties than prescribed in this 1215 subsectionsection, for the transmission of child pornography,1216as defined in s. 847.001,to anotheranyperson in this state. 1217 (d)(5)A person is subject to prosecution in this state 1218 pursuant to chapter 910 for any act or conduct proscribed by 1219 this subsectionsection, including a person in a jurisdiction 1220 other than this state, if the act or conduct violates paragraph 1221 (b)subsection (3). 1222 (e) This subsection doesThe provisions of this section do1223 not apply to subscription-based transmissions such as list 1224 servers. 1225 (f) For purposes of this subsection, each act of 1226 transmitting child pornography is a separate offense. 1227 Section 33. Subsection (1) of section 856.022, Florida 1228 Statutes, is amended to read: 1229 856.022 Loitering or prowling by certain offenders in close 1230 proximity to children; penalty.— 1231 (1) Except as provided in subsection (2), this section 1232 applies to a person convicted of committing, or attempting, 1233 soliciting, or conspiring to commit, any of the criminal 1234 offenses proscribed in the following statutes in this state or 1235 similar offenses in another jurisdiction against a victim who 1236 was under 18 years of age at the time of the offense: s. 787.01, 1237 s. 787.02, or s. 787.025(2)(c), where the victim is a minor and 1238 the offender was not the victim’s parent or guardian; s. 1239 787.06(3)(g); s. 794.011, excluding s. 794.011(10); s. 794.05; 1240 former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; 1241 former s. 827.071; s. 847.003; s. 847.0133; s. 847.0135, 1242 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; 1243 s. 985.701(1); or any similar offense committed in this state 1244 which has been redesignated from a former statute number to one 1245 of those listed in this subsection, if the person has not 1246 received a pardon for any felony or similar law of another 1247 jurisdiction necessary for the operation of this subsection and 1248 a conviction of a felony or similar law of another jurisdiction 1249 necessary for the operation of this subsection has not been set 1250 aside in any postconviction proceeding. 1251 Section 34. Paragraph (a) of subsection (1) of section 1252 895.02, Florida Statutes, is amended to read: 1253 895.02 Definitions.—As used in ss. 895.01-895.08, the term: 1254 (1) “Racketeering activity” means to commit, to attempt to 1255 commit, to conspire to commit, or to solicit, coerce, or 1256 intimidate another person to commit: 1257 (a) Any crime that is chargeable by petition, indictment, 1258 or information under the following provisions of the Florida 1259 Statutes: 1260 1. Section 210.18, relating to evasion of payment of 1261 cigarette taxes. 1262 2. Section 316.1935, relating to fleeing or attempting to 1263 elude a law enforcement officer and aggravated fleeing or 1264 eluding. 1265 3. Section 403.727(3)(b), relating to environmental 1266 control. 1267 4. Section 409.920 or s. 409.9201, relating to Medicaid 1268 fraud. 1269 5. Section 414.39, relating to public assistance fraud. 1270 6. Section 440.105 or s. 440.106, relating to workers’ 1271 compensation. 1272 7. Section 443.071(4), relating to creation of a fictitious 1273 employer scheme to commit reemployment assistance fraud. 1274 8. Section 465.0161, relating to distribution of medicinal 1275 drugs without a permit as an Internet pharmacy. 1276 9. Section 499.0051, relating to crimes involving 1277 contraband and adulterated drugs. 1278 10. Part IV of chapter 501, relating to telemarketing. 1279 11. Chapter 517, relating to sale of securities and 1280 investor protection. 1281 12. Section 550.235 or s. 550.3551, relating to dogracing 1282 and horseracing. 1283 13. Chapter 550, relating to jai alai frontons. 1284 14. Section 551.109, relating to slot machine gaming. 1285 15. Chapter 552, relating to the manufacture, distribution, 1286 and use of explosives. 1287 16. Chapter 560, relating to money transmitters, if the 1288 violation is punishable as a felony. 1289 17. Chapter 562, relating to beverage law enforcement. 1290 18. Section 624.401, relating to transacting insurance 1291 without a certificate of authority, s. 624.437(4)(c)1., relating 1292 to operating an unauthorized multiple-employer welfare 1293 arrangement, or s. 626.902(1)(b), relating to representing or 1294 aiding an unauthorized insurer. 1295 19. Section 655.50, relating to reports of currency 1296 transactions, when such violation is punishable as a felony. 1297 20. Chapter 687, relating to interest and usurious 1298 practices. 1299 21. Section 721.08, s. 721.09, or s. 721.13, relating to 1300 real estate timeshare plans. 1301 22. Section 775.13(5)(b), relating to registration of 1302 persons found to have committed any offense for the purpose of 1303 benefiting, promoting, or furthering the interests of a criminal 1304 gang. 1305 23. Section 777.03, relating to commission of crimes by 1306 accessories after the fact. 1307 24. Chapter 782, relating to homicide. 1308 25. Chapter 784, relating to assault and battery. 1309 26. Chapter 787, relating to kidnapping or human 1310 trafficking. 1311 27. Chapter 790, relating to weapons and firearms. 1312 28. Chapter 794, relating to sexual battery, but only if 1313 such crime was committed with the intent to benefit, promote, or 1314 further the interests of a criminal gang, or for the purpose of 1315 increasing a criminal gang member’s own standing or position 1316 within a criminal gang. 1317 29. Former s. 796.03, former s. 796.035, s. 796.04, s. 1318 796.05, or s. 796.07, relating to prostitution. 1319 30. Chapter 806, relating to arson and criminal mischief. 1320 31. Chapter 810, relating to burglary and trespass. 1321 32. Chapter 812, relating to theft, robbery, and related 1322 crimes. 1323 33. Chapter 815, relating to computer-related crimes. 1324 34. Chapter 817, relating to fraudulent practices, false 1325 pretenses, fraud generally, and credit card crimes. 1326 35. Chapter 825, relating to abuse, neglect, or 1327 exploitation of an elderly person or disabled adult. 1328 36. Former s.Section827.071, relating to commercial 1329 sexual exploitation of children. 1330 37. Section 828.122, relating to fighting or baiting 1331 animals. 1332 38. Chapter 831, relating to forgery and counterfeiting. 1333 39. Chapter 832, relating to issuance of worthless checks 1334 and drafts. 1335 40. Section 836.05, relating to extortion. 1336 41. Chapter 837, relating to perjury. 1337 42. Chapter 838, relating to bribery and misuse of public 1338 office. 1339 43. Chapter 843, relating to obstruction of justice. 1340 44. Section 847.003, relating to sexual performance by a 1341 child. 1342 45.44.Section 847.011, s. 847.012, s. 847.013, s. 847.06, 1343 or s. 847.07, relating to obscene literature and profanity. 1344 46.45.Chapter 849, relating to gambling, lottery, gambling 1345 or gaming devices, slot machines, or any of the provisions 1346 within that chapter. 1347 47.46.Chapter 874, relating to criminal gangs. 1348 48.47.Chapter 893, relating to drug abuse prevention and 1349 control. 1350 49.48.Chapter 896, relating to offenses related to 1351 financial transactions. 1352 50.49.Sections 914.22 and 914.23, relating to tampering 1353 with or harassing a witness, victim, or informant, and 1354 retaliation against a witness, victim, or informant. 1355 51.50.Sections 918.12 and 918.13, relating to tampering 1356 with jurors and evidence. 1357 Section 35. Subsection (8) of section 905.34, Florida 1358 Statutes, is amended to read: 1359 905.34 Powers and duties; law applicable.—The jurisdiction 1360 of a statewide grand jury impaneled under this chapter shall 1361 extend throughout the state. The subject matter jurisdiction of 1362 the statewide grand jury shall be limited to the offenses of: 1363 (8) Any violation of s. 847.003, s. 847.0135, s. 847.0137, 1364 or s. 847.0138 relating to computer pornography and child 1365 exploitation prevention, or any offense related to a violation 1366 of s. 847.003, s. 847.0135, s. 847.0137, or s. 847.0138 or any 1367 violation of former s. 827.071chapter 827where the crime is 1368 facilitated by or connected to the use of the Internet or any 1369 device capable of electronic data storage or transmission; 1370 1371 or any attempt, solicitation, or conspiracy to commit any 1372 violation of the crimes specifically enumerated above, when any 1373 such offense is occurring, or has occurred, in two or more 1374 judicial circuits as part of a related transaction or when any 1375 such offense is connected with an organized criminal conspiracy 1376 affecting two or more judicial circuits. The statewide grand 1377 jury may return indictments and presentments irrespective of the 1378 county or judicial circuit where the offense is committed or 1379 triable. If an indictment is returned, it shall be certified and 1380 transferred for trial to the county where the offense was 1381 committed. The powers and duties of, and law applicable to, 1382 county grand juries shall apply to a statewide grand jury except 1383 when such powers, duties, and law are inconsistent with the 1384 provisions of ss. 905.31-905.40. 1385 Section 36. Paragraph (a) of subsection (1) of section 1386 934.07, Florida Statutes, is amended to read: 1387 934.07 Authorization for interception of wire, oral, or 1388 electronic communications.— 1389 (1) The Governor, the Attorney General, the statewide 1390 prosecutor, or any state attorney may authorize an application 1391 to a judge of competent jurisdiction for, and such judge may 1392 grant in conformity with ss. 934.03-934.09 an order authorizing 1393 or approving the interception of, wire, oral, or electronic 1394 communications by: 1395 (a) The Department of Law Enforcement or any law 1396 enforcement agency as defined in s. 934.02 having responsibility 1397 for the investigation of the offense as to which the application 1398 is made when such interception may provide or has provided 1399 evidence of the commission of the offense of murder, kidnapping, 1400 aircraft piracy, arson, gambling, robbery, burglary, theft, 1401 dealing in stolen property, criminal usury, bribery, or 1402 extortion; any felony violation of ss. 790.161-790.166, 1403 inclusive; any violation of s. 787.06; any violation of chapter 1404 893; any violation of the provisions of the Florida Anti-Fencing 1405 Act; any violation of chapter 895; any violation of chapter 896; 1406 any violation of chapter 815; any violation of chapter 847; any 1407 violation of former s. 827.071; any violation of s. 944.40; or 1408 any conspiracy or solicitation to commit any violation of the 1409 laws of this state relating to the crimes specifically 1410 enumerated in this paragraph. 1411 Section 37. Section 938.085, Florida Statutes, is amended 1412 to read: 1413 938.085 Additional cost to fund rape crisis centers.—In 1414 addition to any sanction imposed when a person pleads guilty or 1415 nolo contendere to, or is found guilty of, regardless of 1416 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and 1417 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045; 1418 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 1419 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s. 1420 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 1421 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 1422 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 1423 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; former 1424 s. 827.071; s. 836.10; s. 847.003; s. 847.0133; s. 847.0135(2); 1425 s. 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), 1426 (13), and (14)(c); or s. 985.701(1), the court shall impose a 1427 surcharge of $151. Payment of the surcharge shall be a condition 1428 of probation, community control, or any other court-ordered 1429 supervision. The sum of $150 of the surcharge shall be deposited 1430 into the Rape Crisis Program Trust Fund established within the 1431 Department of Health by chapter 2003-140, Laws of Florida. The 1432 clerk of the court shall retain $1 of each surcharge that the 1433 clerk of the court collects as a service charge of the clerk’s 1434 office. 1435 Section 38. Subsection (1) of section 938.10, Florida 1436 Statutes, is amended to read: 1437 938.10 Additional court cost imposed in cases of certain 1438 crimes.— 1439 (1) If a person pleads guilty or nolo contendere to, or is 1440 found guilty of, regardless of adjudication, any offense against 1441 a minor in violation of s. 784.085, chapter 787, chapter 794, 1442 former s. 796.03, former s. 796.035, s. 800.04, chapter 827, 1443 former s. 827.071, s. 847.003, s. 847.012, s. 847.0133, s. 1444 847.0135(5), s. 847.0137, s. 847.0138, s. 847.0145, s. 1445 893.147(3), or s. 985.701, or any offense in violation of s. 1446 775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the 1447 court shall impose a court cost of $151 against the offender in 1448 addition to any other cost or penalty required by law. 1449 Section 39. Paragraph (a) of subsection (1) of section 1450 943.0435, Florida Statutes, is amended to read: 1451 943.0435 Sexual offenders required to register with the 1452 department; penalty.— 1453 (1) As used in this section, the term: 1454 (a)1. “Sexual offender” means a person who meets the 1455 criteria in sub-subparagraph a., sub-subparagraph b., sub 1456 subparagraph c., or sub-subparagraph d., as follows: 1457 a.(I) Has been convicted of committing, or attempting, 1458 soliciting, or conspiring to commit, any of the criminal 1459 offenses proscribed in the following statutes in this state or 1460 similar offenses in another jurisdiction: s. 393.135(2); s. 1461 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 1462 the victim is a minor and the defendant is not the victim’s 1463 parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s. 1464 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05; 1465 former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); 1466 s. 825.1025; former s. 827.071; s. 847.003; s. 847.0133; s. 1467 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 1468 847.0145; s. 916.1075(2); or s. 985.701(1); or any similar 1469 offense committed in this state which has been redesignated from 1470 a former statute number to one of those listed in this sub-sub 1471 subparagraph; and 1472 (II) Has been released on or after October 1, 1997, from 1473 the sanction imposed for any conviction of an offense described 1474 in sub-sub-subparagraph (I). For purposes of sub-sub 1475 subparagraph (I), a sanction imposed in this state or in any 1476 other jurisdiction includes, but is not limited to, a fine, 1477 probation, community control, parole, conditional release, 1478 control release, or incarceration in a state prison, federal 1479 prison, private correctional facility, or local detention 1480 facility; 1481 b. Establishes or maintains a residence in this state and 1482 who has not been designated as a sexual predator by a court of 1483 this state but who has been designated as a sexual predator, as 1484 a sexually violent predator, or by another sexual offender 1485 designation in another state or jurisdiction and was, as a 1486 result of such designation, subjected to registration or 1487 community or public notification, or both, or would be if the 1488 person were a resident of that state or jurisdiction, without 1489 regard to whether the person otherwise meets the criteria for 1490 registration as a sexual offender; 1491 c. Establishes or maintains a residence in this state who 1492 is in the custody or control of, or under the supervision of, 1493 any other state or jurisdiction as a result of a conviction for 1494 committing, or attempting, soliciting, or conspiring to commit, 1495 any of the criminal offenses proscribed in the following 1496 statutes or similar offense in another jurisdiction: s. 1497 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 1498 787.025(2)(c), where the victim is a minor and the defendant is 1499 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f), 1500 or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 1501 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 1502 800.04; s. 810.145(8); s. 825.1025; former s. 827.071; s. 1503 847.003; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 1504 847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s. 1505 985.701(1); or any similar offense committed in this state which 1506 has been redesignated from a former statute number to one of 1507 those listed in this sub-subparagraph; or 1508 d. On or after July 1, 2007, has been adjudicated 1509 delinquent for committing, or attempting, soliciting, or 1510 conspiring to commit, any of the criminal offenses proscribed in 1511 the following statutes in this state or similar offenses in 1512 another jurisdiction when the juvenile was 14 years of age or 1513 older at the time of the offense: 1514 (I) Section 794.011, excluding s. 794.011(10); 1515 (II) Section 800.04(4)(a)2. where the victim is under 12 1516 years of age or where the court finds sexual activity by the use 1517 of force or coercion; 1518 (III) Section 800.04(5)(c)1. where the court finds 1519 molestation involving unclothed genitals; or 1520 (IV) Section 800.04(5)(d) where the court finds the use of 1521 force or coercion and unclothed genitals. 1522 2. For all qualifying offenses listed in sub-subparagraph 1523 (1)(a)1.d., the court shall make a written finding of the age of 1524 the offender at the time of the offense. 1525 1526 For each violation of a qualifying offense listed in this 1527 subsection, except for a violation of s. 794.011, the court 1528 shall make a written finding of the age of the victim at the 1529 time of the offense. For a violation of s. 800.04(4), the court 1530 shall also make a written finding indicating whether the offense 1531 involved sexual activity and indicating whether the offense 1532 involved force or coercion. For a violation of s. 800.04(5), the 1533 court shall also make a written finding that the offense did or 1534 did not involve unclothed genitals or genital area and that the 1535 offense did or did not involve the use of force or coercion. 1536 Section 40. Paragraph (a) of subsection (1) and subsection 1537 (3) of section 943.04354, Florida Statutes, are amended to read: 1538 943.04354 Removal of the requirement to register as a 1539 sexual offender or sexual predator in special circumstances.— 1540 (1) For purposes of this section, a person shall be 1541 considered for removal of the requirement to register as a 1542 sexual offender or sexual predator only if the person: 1543 (a) Was convicted, regardless of adjudication, or 1544 adjudicated delinquent of a violation of s. 794.011, s. 800.04, 1545 former s. 827.071, s. 847.003,ors. 847.0135(5), or s. 847.0137 1546 or of a similar offense in another jurisdiction and if the 1547 person does not have any other conviction, regardless of 1548 adjudication, or adjudication of delinquency for a violation of 1549 s. 794.011, s. 800.04, former s. 827.071, s. 847.003,ors. 1550 847.0135(5), or s. 847.0137 or for a similar offense in another 1551 jurisdiction; 1552 (3) If a person provides to the Department of Law 1553 Enforcement a certified copy of the court’s order removing the 1554 requirement that the person register as a sexual offender or 1555 sexual predator for the violation of s. 794.011, s. 800.04, 1556 former s. 827.071, s. 847.003,ors. 847.0135(5), or s. 847.0137 1557 or a similar offense in another jurisdiction, the registration 1558 requirement will not apply to the person and the department 1559 shall remove all information about the person from the public 1560 registry of sexual offenders and sexual predators maintained by 1561 the department. However, the removal of this information from 1562 the public registry does not mean that the public is denied 1563 access to information about the person’s criminal history or 1564 record that is otherwise available as a public record. 1565 Section 41. Section 943.0585, Florida Statutes, is amended 1566 to read: 1567 943.0585 Court-ordered expunction of criminal history 1568 records.—The courts of this state have jurisdiction over their 1569 own procedures, including the maintenance, expunction, and 1570 correction of judicial records containing criminal history 1571 information to the extent such procedures are not inconsistent 1572 with the conditions, responsibilities, and duties established by 1573 this section. Any court of competent jurisdiction may order a 1574 criminal justice agency to expunge the criminal history record 1575 of a minor or an adult who complies with the requirements of 1576 this section. The court shall not order a criminal justice 1577 agency to expunge a criminal history record until the person 1578 seeking to expunge a criminal history record has applied for and 1579 received a certificate of eligibility for expunction pursuant to 1580 subsection (2) or subsection (5). A criminal history record that 1581 relates to a violation of s. 393.135, s. 394.4593, s. 787.025, 1582 chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034, 1583 s. 825.1025, former s. 827.071, chapter 839, s. 847.003, s. 1584 847.0133, s. 847.0135, s. 847.0137, s. 847.0145, s. 893.135, s. 1585 916.1075, a violation enumerated in s. 907.041, or any violation 1586 specified as a predicate offense for registration as a sexual 1587 predator pursuant to s. 775.21, without regard to whether that 1588 offense alone is sufficient to require such registration, or for 1589 registration as a sexual offender pursuant to s. 943.0435, may 1590 not be expunged, without regard to whether adjudication was 1591 withheld, if the defendant was found guilty of or pled guilty or 1592 nolo contendere to the offense, or if the defendant, as a minor, 1593 was found to have committed, or pled guilty or nolo contendere 1594 to committing, the offense as a delinquent act. The court may 1595 only order expunction of a criminal history record pertaining to 1596 one arrest or one incident of alleged criminal activity, except 1597 as provided in this section. The court may, at its sole 1598 discretion, order the expunction of a criminal history record 1599 pertaining to more than one arrest if the additional arrests 1600 directly relate to the original arrest. If the court intends to 1601 order the expunction of records pertaining to such additional 1602 arrests, such intent must be specified in the order. A criminal 1603 justice agency may not expunge any record pertaining to such 1604 additional arrests if the order to expunge does not articulate 1605 the intention of the court to expunge a record pertaining to 1606 more than one arrest. This section does not prevent the court 1607 from ordering the expunction of only a portion of a criminal 1608 history record pertaining to one arrest or one incident of 1609 alleged criminal activity. Notwithstanding any law to the 1610 contrary, a criminal justice agency may comply with laws, court 1611 orders, and official requests of other jurisdictions relating to 1612 expunction, correction, or confidential handling of criminal 1613 history records or information derived therefrom. This section 1614 does not confer any right to the expunction of any criminal 1615 history record, and any request for expunction of a criminal 1616 history record may be denied at the sole discretion of the 1617 court. 1618 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each 1619 petition to a court to expunge a criminal history record is 1620 complete only when accompanied by: 1621 (a) A valid certificate of eligibility for expunction 1622 issued by the department pursuant to subsection (2). 1623 (b) The petitioner’s sworn statement attesting that the 1624 petitioner: 1625 1. Has never, prior to the date on which the petition is 1626 filed, been adjudicated guilty of a criminal offense or 1627 comparable ordinance violation, or been adjudicated delinquent 1628 for committing any felony or a misdemeanor specified in s. 1629 943.051(3)(b). 1630 2. Has not been adjudicated guilty of, or adjudicated 1631 delinquent for committing, any of the acts stemming from the 1632 arrest or alleged criminal activity to which the petition 1633 pertains. 1634 3. Has never secured a prior sealing or expunction of a 1635 criminal history record under this section, s. 943.059, former 1636 s. 893.14, former s. 901.33, or former s. 943.058, unless 1637 expunction is sought of a criminal history record previously 1638 sealed for 10 years pursuant to paragraph (2)(h) and the record 1639 is otherwise eligible for expunction. 1640 4. Is eligible for such an expunction to the best of his or 1641 her knowledge or belief and does not have any other petition to 1642 expunge or any petition to seal pending before any court. 1643 1644 Any person who knowingly provides false information on such 1645 sworn statement to the court commits a felony of the third 1646 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1647 775.084. 1648 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to 1649 petitioning the court to expunge a criminal history record, a 1650 person seeking to expunge a criminal history record shall apply 1651 to the department for a certificate of eligibility for 1652 expunction. The department shall, by rule adopted pursuant to 1653 chapter 120, establish procedures pertaining to the application 1654 for and issuance of certificates of eligibility for expunction. 1655 A certificate of eligibility for expunction is valid for 12 1656 months after the date stamped on the certificate when issued by 1657 the department. After that time, the petitioner must reapply to 1658 the department for a new certificate of eligibility. Eligibility 1659 for a renewed certification of eligibility must be based on the 1660 status of the applicant and the law in effect at the time of the 1661 renewal application. The department shall issue a certificate of 1662 eligibility for expunction to a person who is the subject of a 1663 criminal history record if that person: 1664 (a) Has obtained, and submitted to the department, a 1665 written, certified statement from the appropriate state attorney 1666 or statewide prosecutor which indicates: 1667 1. That an indictment, information, or other charging 1668 document was not filed or issued in the case. 1669 2. That an indictment, information, or other charging 1670 document, if filed or issued in the case, was dismissed or nolle 1671 prosequi by the state attorney or statewide prosecutor, or was 1672 dismissed by a court of competent jurisdiction, and that none of 1673 the charges related to the arrest or alleged criminal activity 1674 to which the petition to expunge pertains resulted in a trial, 1675 without regard to whether the outcome of the trial was other 1676 than an adjudication of guilt. 1677 3. That the criminal history record does not relate to a 1678 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, 1679 former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, 1680 former s. 827.071, chapter 839, s. 847.003, s. 847.0133, s. 1681 847.0135, s. 847.0137, s. 847.0145, s. 893.135, s. 916.1075, a 1682 violation enumerated in s. 907.041, or any violation specified 1683 as a predicate offense for registration as a sexual predator 1684 pursuant to s. 775.21, without regard to whether that offense 1685 alone is sufficient to require such registration, or for 1686 registration as a sexual offender pursuant to s. 943.0435, where 1687 the defendant was found guilty of, or pled guilty or nolo 1688 contendere to any such offense, or that the defendant, as a 1689 minor, was found to have committed, or pled guilty or nolo 1690 contendere to committing, such an offense as a delinquent act, 1691 without regard to whether adjudication was withheld. 1692 (b) Remits a $75 processing fee to the department for 1693 placement in the Department of Law Enforcement Operating Trust 1694 Fund, unless such fee is waived by the executive director. 1695 (c) Has submitted to the department a certified copy of the 1696 disposition of the charge to which the petition to expunge 1697 pertains. 1698 (d) Has never, prior to the date on which the application 1699 for a certificate of eligibility is filed, been adjudicated 1700 guilty of a criminal offense or comparable ordinance violation, 1701 or been adjudicated delinquent for committing any felony or a 1702 misdemeanor specified in s. 943.051(3)(b). 1703 (e) Has not been adjudicated guilty of, or adjudicated 1704 delinquent for committing, any of the acts stemming from the 1705 arrest or alleged criminal activity to which the petition to 1706 expunge pertains. 1707 (f) Has never secured a prior sealing or expunction of a 1708 criminal history record under this section, s. 943.059, former 1709 s. 893.14, former s. 901.33, or former s. 943.058, unless 1710 expunction is sought of a criminal history record previously 1711 sealed for 10 years pursuant to paragraph (h) and the record is 1712 otherwise eligible for expunction. 1713 (g) Is no longer under court supervision applicable to the 1714 disposition of the arrest or alleged criminal activity to which 1715 the petition to expunge pertains. 1716 (h) Has previously obtained a court order sealing the 1717 record under this section, former s. 893.14, former s. 901.33, 1718 or former s. 943.058 for a minimum of 10 years because 1719 adjudication was withheld or because all charges related to the 1720 arrest or alleged criminal activity to which the petition to 1721 expunge pertains were not dismissed prior to trial, without 1722 regard to whether the outcome of the trial was other than an 1723 adjudication of guilt. The requirement for the record to have 1724 previously been sealed for a minimum of 10 years does not apply 1725 when a plea was not entered or all charges related to the arrest 1726 or alleged criminal activity to which the petition to expunge 1727 pertains were dismissed prior to trial. 1728 (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.— 1729 (a) In judicial proceedings under this section, a copy of 1730 the completed petition to expunge shall be served upon the 1731 appropriate state attorney or the statewide prosecutor and upon 1732 the arresting agency; however, it is not necessary to make any 1733 agency other than the state a party. The appropriate state 1734 attorney or the statewide prosecutor and the arresting agency 1735 may respond to the court regarding the completed petition to 1736 expunge. 1737 (b) If relief is granted by the court, the clerk of the 1738 court shall certify copies of the order to the appropriate state 1739 attorney or the statewide prosecutor and the arresting agency. 1740 The arresting agency is responsible for forwarding the order to 1741 any other agency to which the arresting agency disseminated the 1742 criminal history record information to which the order pertains. 1743 The department shall forward the order to expunge to the Federal 1744 Bureau of Investigation. The clerk of the court shall certify a 1745 copy of the order to any other agency which the records of the 1746 court reflect has received the criminal history record from the 1747 court. 1748 (c) For an order to expunge entered by a court prior to 1749 July 1, 1992, the department shall notify the appropriate state 1750 attorney or statewide prosecutor of an order to expunge which is 1751 contrary to law because the person who is the subject of the 1752 record has previously been convicted of a crime or comparable 1753 ordinance violation or has had a prior criminal history record 1754 sealed or expunged. Upon receipt of such notice, the appropriate 1755 state attorney or statewide prosecutor shall take action, within 1756 60 days, to correct the record and petition the court to void 1757 the order to expunge. The department shall seal the record until 1758 such time as the order is voided by the court. 1759 (d) On or after July 1, 1992, the department or any other 1760 criminal justice agency is not required to act on an order to 1761 expunge entered by a court when such order does not comply with 1762 the requirements of this section. Upon receipt of such an order, 1763 the department must notify the issuing court, the appropriate 1764 state attorney or statewide prosecutor, the petitioner or the 1765 petitioner’s attorney, and the arresting agency of the reason 1766 for noncompliance. The appropriate state attorney or statewide 1767 prosecutor shall take action within 60 days to correct the 1768 record and petition the court to void the order. No cause of 1769 action, including contempt of court, shall arise against any 1770 criminal justice agency for failure to comply with an order to 1771 expunge when the petitioner for such order failed to obtain the 1772 certificate of eligibility as required by this section or such 1773 order does not otherwise comply with the requirements of this 1774 section. 1775 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any 1776 criminal history record of a minor or an adult which is ordered 1777 expunged by a court of competent jurisdiction pursuant to this 1778 section must be physically destroyed or obliterated by any 1779 criminal justice agency having custody of such record; except 1780 that any criminal history record in the custody of the 1781 department must be retained in all cases. A criminal history 1782 record ordered expunged that is retained by the department is 1783 confidential and exempt from the provisions of s. 119.07(1) and 1784 s. 24(a), Art. I of the State Constitution and not available to 1785 any person or entity except upon order of a court of competent 1786 jurisdiction. A criminal justice agency may retain a notation 1787 indicating compliance with an order to expunge. 1788 (a) The person who is the subject of a criminal history 1789 record that is expunged under this section or under other 1790 provisions of law, including former s. 893.14, former s. 901.33, 1791 and former s. 943.058, may lawfully deny or fail to acknowledge 1792 the arrests covered by the expunged record, except when the 1793 subject of the record: 1794 1. Is a candidate for employment with a criminal justice 1795 agency; 1796 2. Is a defendant in a criminal prosecution; 1797 3. Concurrently or subsequently petitions for relief under 1798 this section, s. 943.0583, or s. 943.059; 1799 4. Is a candidate for admission to The Florida Bar; 1800 5. Is seeking to be employed or licensed by or to contract 1801 with the Department of Children and Families, the Division of 1802 Vocational Rehabilitation within the Department of Education, 1803 the Agency for Health Care Administration, the Agency for 1804 Persons with Disabilities, the Department of Health, the 1805 Department of Elderly Affairs, or the Department of Juvenile 1806 Justice or to be employed or used by such contractor or licensee 1807 in a sensitive position having direct contact with children, the 1808 disabled, or the elderly; 1809 6. Is seeking to be employed or licensed by the Department 1810 of Education, any district school board, any university 1811 laboratory school, any charter school, any private or parochial 1812 school, or any local governmental entity that licenses child 1813 care facilities; 1814 7. Is seeking to be licensed by the Division of Insurance 1815 Agent and Agency Services within the Department of Financial 1816 Services; or 1817 8. Is seeking to be appointed as a guardian pursuant to s. 1818 744.3125. 1819 (b) Subject to the exceptions in paragraph (a), a person 1820 who has been granted an expunction under this section, former s. 1821 893.14, former s. 901.33, or former s. 943.058 may not be held 1822 under any provision of law of this state to commit perjury or to 1823 be otherwise liable for giving a false statement by reason of 1824 such person’s failure to recite or acknowledge an expunged 1825 criminal history record. 1826 (c) Information relating to the existence of an expunged 1827 criminal history record which is provided in accordance with 1828 paragraph (a) is confidential and exempt from the provisions of 1829 s. 119.07(1) and s. 24(a), Art. I of the State Constitution, 1830 except that the department shall disclose the existence of a 1831 criminal history record ordered expunged to the entities set 1832 forth in subparagraphs (a)1., 4., 5., 6., 7., and 8. for their 1833 respective licensing, access authorization, and employment 1834 purposes, and to criminal justice agencies for their respective 1835 criminal justice purposes. It is unlawful for any employee of an 1836 entity set forth in subparagraph (a)1., subparagraph (a)4., 1837 subparagraph (a)5., subparagraph (a)6., subparagraph (a)7., or 1838 subparagraph (a)8. to disclose information relating to the 1839 existence of an expunged criminal history record of a person 1840 seeking employment, access authorization, or licensure with such 1841 entity or contractor, except to the person to whom the criminal 1842 history record relates or to persons having direct 1843 responsibility for employment, access authorization, or 1844 licensure decisions. Any person who violates this paragraph 1845 commits a misdemeanor of the first degree, punishable as 1846 provided in s. 775.082 or s. 775.083. 1847 (5) EXCEPTION FOR LAWFUL SELF-DEFENSE.—Notwithstanding the 1848 eligibility requirements prescribed in paragraph (1)(b) and 1849 subsection (2), the department shall issue a certificate of 1850 eligibility for expunction under this subsection to a person who 1851 is the subject of a criminal history record if that person: 1852 (a) Has obtained, and submitted to the department, on a 1853 form provided by the department, a written, certified statement 1854 from the appropriate state attorney or statewide prosecutor 1855 which states whether an information, indictment, or other 1856 charging document was not filed or was dismissed by the state 1857 attorney, or dismissed by the court, because it was found that 1858 the person acted in lawful self-defense pursuant to the 1859 provisions related to justifiable use of force in chapter 776. 1860 (b) Each petition to a court to expunge a criminal history 1861 record pursuant to this subsection is complete only when 1862 accompanied by: 1863 1. A valid certificate of eligibility for expunction issued 1864 by the department pursuant to this subsection. 1865 2. The petitioner’s sworn statement attesting that the 1866 petitioner is eligible for such an expunction to the best of his 1867 or her knowledge or belief. 1868 1869 Any person who knowingly provides false information on such 1870 sworn statement to the court commits a felony of the third 1871 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1872 775.084. 1873 (c) This subsection does not confer any right to the 1874 expunction of a criminal history record, and any request for 1875 expunction of a criminal history record may be denied at the 1876 discretion of the court. 1877 (d) Subsections (3) and (4) shall apply to expunction 1878 ordered under this subsection. 1879 (e) The department shall, by rule adopted pursuant to 1880 chapter 120, establish procedures pertaining to the application 1881 for and issuance of certificates of eligibility for expunction 1882 under this subsection. 1883 (6) STATUTORY REFERENCES.—Any reference to any other 1884 chapter, section, or subdivision of the Florida Statutes in this 1885 section constitutes a general reference under the doctrine of 1886 incorporation by reference. 1887 Section 42. Section 943.059, Florida Statutes, is amended 1888 to read: 1889 943.059 Court-ordered sealing of criminal history records. 1890 The courts of this state shall continue to have jurisdiction 1891 over their own procedures, including the maintenance, sealing, 1892 and correction of judicial records containing criminal history 1893 information to the extent such procedures are not inconsistent 1894 with the conditions, responsibilities, and duties established by 1895 this section. Any court of competent jurisdiction may order a 1896 criminal justice agency to seal the criminal history record of a 1897 minor or an adult who complies with the requirements of this 1898 section. The court shall not order a criminal justice agency to 1899 seal a criminal history record until the person seeking to seal 1900 a criminal history record has applied for and received a 1901 certificate of eligibility for sealing pursuant to subsection 1902 (2). A criminal history record that relates to a violation of s. 1903 393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03, 1904 s. 800.04, s. 810.14, s. 817.034, s. 825.1025, former s. 1905 827.071, chapter 839, s. 847.003, s. 847.0133, s. 847.0135, s. 1906 847.0137, s. 847.0145, s. 893.135, s. 916.1075, a violation 1907 enumerated in s. 907.041, or any violation specified as a 1908 predicate offense for registration as a sexual predator pursuant 1909 to s. 775.21, without regard to whether that offense alone is 1910 sufficient to require such registration, or for registration as 1911 a sexual offender pursuant to s. 943.0435, may not be sealed, 1912 without regard to whether adjudication was withheld, if the 1913 defendant was found guilty of or pled guilty or nolo contendere 1914 to the offense, or if the defendant, as a minor, was found to 1915 have committed or pled guilty or nolo contendere to committing 1916 the offense as a delinquent act. The court may only order 1917 sealing of a criminal history record pertaining to one arrest or 1918 one incident of alleged criminal activity, except as provided in 1919 this section. The court may, at its sole discretion, order the 1920 sealing of a criminal history record pertaining to more than one 1921 arrest if the additional arrests directly relate to the original 1922 arrest. If the court intends to order the sealing of records 1923 pertaining to such additional arrests, such intent must be 1924 specified in the order. A criminal justice agency may not seal 1925 any record pertaining to such additional arrests if the order to 1926 seal does not articulate the intention of the court to seal 1927 records pertaining to more than one arrest. This section does 1928 not prevent the court from ordering the sealing of only a 1929 portion of a criminal history record pertaining to one arrest or 1930 one incident of alleged criminal activity. Notwithstanding any 1931 law to the contrary, a criminal justice agency may comply with 1932 laws, court orders, and official requests of other jurisdictions 1933 relating to sealing, correction, or confidential handling of 1934 criminal history records or information derived therefrom. This 1935 section does not confer any right to the sealing of any criminal 1936 history record, and any request for sealing a criminal history 1937 record may be denied at the sole discretion of the court. 1938 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each 1939 petition to a court to seal a criminal history record is 1940 complete only when accompanied by: 1941 (a) A valid certificate of eligibility for sealing issued 1942 by the department pursuant to subsection (2). 1943 (b) The petitioner’s sworn statement attesting that the 1944 petitioner: 1945 1. Has never, prior to the date on which the petition is 1946 filed, been adjudicated guilty of a criminal offense or 1947 comparable ordinance violation, or been adjudicated delinquent 1948 for committing any felony or a misdemeanor specified in s. 1949 943.051(3)(b). 1950 2. Has not been adjudicated guilty of or adjudicated 1951 delinquent for committing any of the acts stemming from the 1952 arrest or alleged criminal activity to which the petition to 1953 seal pertains. 1954 3. Has never secured a prior sealing or expunction of a 1955 criminal history record under this section, s. 943.0585, former 1956 s. 893.14, former s. 901.33, or former s. 943.058. 1957 4. Is eligible for such a sealing to the best of his or her 1958 knowledge or belief and does not have any other petition to seal 1959 or any petition to expunge pending before any court. 1960 1961 Any person who knowingly provides false information on such 1962 sworn statement to the court commits a felony of the third 1963 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1964 775.084. 1965 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to 1966 petitioning the court to seal a criminal history record, a 1967 person seeking to seal a criminal history record shall apply to 1968 the department for a certificate of eligibility for sealing. The 1969 department shall, by rule adopted pursuant to chapter 120, 1970 establish procedures pertaining to the application for and 1971 issuance of certificates of eligibility for sealing. A 1972 certificate of eligibility for sealing is valid for 12 months 1973 after the date stamped on the certificate when issued by the 1974 department. After that time, the petitioner must reapply to the 1975 department for a new certificate of eligibility. Eligibility for 1976 a renewed certification of eligibility must be based on the 1977 status of the applicant and the law in effect at the time of the 1978 renewal application. The department shall issue a certificate of 1979 eligibility for sealing to a person who is the subject of a 1980 criminal history record provided that such person: 1981 (a) Has submitted to the department a certified copy of the 1982 disposition of the charge to which the petition to seal 1983 pertains. 1984 (b) Remits a $75 processing fee to the department for 1985 placement in the Department of Law Enforcement Operating Trust 1986 Fund, unless such fee is waived by the executive director. 1987 (c) Has never, prior to the date on which the application 1988 for a certificate of eligibility is filed, been adjudicated 1989 guilty of a criminal offense or comparable ordinance violation, 1990 or been adjudicated delinquent for committing any felony or a 1991 misdemeanor specified in s. 943.051(3)(b). 1992 (d) Has not been adjudicated guilty of or adjudicated 1993 delinquent for committing any of the acts stemming from the 1994 arrest or alleged criminal activity to which the petition to 1995 seal pertains. 1996 (e) Has never secured a prior sealing or expunction of a 1997 criminal history record under this section, s. 943.0585, former 1998 s. 893.14, former s. 901.33, or former s. 943.058. 1999 (f) Is no longer under court supervision applicable to the 2000 disposition of the arrest or alleged criminal activity to which 2001 the petition to seal pertains. 2002 (3) PROCESSING OF A PETITION OR ORDER TO SEAL.— 2003 (a) In judicial proceedings under this section, a copy of 2004 the completed petition to seal shall be served upon the 2005 appropriate state attorney or the statewide prosecutor and upon 2006 the arresting agency; however, it is not necessary to make any 2007 agency other than the state a party. The appropriate state 2008 attorney or the statewide prosecutor and the arresting agency 2009 may respond to the court regarding the completed petition to 2010 seal. 2011 (b) If relief is granted by the court, the clerk of the 2012 court shall certify copies of the order to the appropriate state 2013 attorney or the statewide prosecutor and to the arresting 2014 agency. The arresting agency is responsible for forwarding the 2015 order to any other agency to which the arresting agency 2016 disseminated the criminal history record information to which 2017 the order pertains. The department shall forward the order to 2018 seal to the Federal Bureau of Investigation. The clerk of the 2019 court shall certify a copy of the order to any other agency 2020 which the records of the court reflect has received the criminal 2021 history record from the court. 2022 (c) For an order to seal entered by a court prior to July 2023 1, 1992, the department shall notify the appropriate state 2024 attorney or statewide prosecutor of any order to seal which is 2025 contrary to law because the person who is the subject of the 2026 record has previously been convicted of a crime or comparable 2027 ordinance violation or has had a prior criminal history record 2028 sealed or expunged. Upon receipt of such notice, the appropriate 2029 state attorney or statewide prosecutor shall take action, within 2030 60 days, to correct the record and petition the court to void 2031 the order to seal. The department shall seal the record until 2032 such time as the order is voided by the court. 2033 (d) On or after July 1, 1992, the department or any other 2034 criminal justice agency is not required to act on an order to 2035 seal entered by a court when such order does not comply with the 2036 requirements of this section. Upon receipt of such an order, the 2037 department must notify the issuing court, the appropriate state 2038 attorney or statewide prosecutor, the petitioner or the 2039 petitioner’s attorney, and the arresting agency of the reason 2040 for noncompliance. The appropriate state attorney or statewide 2041 prosecutor shall take action within 60 days to correct the 2042 record and petition the court to void the order. No cause of 2043 action, including contempt of court, shall arise against any 2044 criminal justice agency for failure to comply with an order to 2045 seal when the petitioner for such order failed to obtain the 2046 certificate of eligibility as required by this section or when 2047 such order does not comply with the requirements of this 2048 section. 2049 (e) An order sealing a criminal history record pursuant to 2050 this section does not require that such record be surrendered to 2051 the court, and such record shall continue to be maintained by 2052 the department and other criminal justice agencies. 2053 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal 2054 history record of a minor or an adult which is ordered sealed by 2055 a court pursuant to this section is confidential and exempt from 2056 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State 2057 Constitution and is available only to the person who is the 2058 subject of the record, to the subject’s attorney, to criminal 2059 justice agencies for their respective criminal justice purposes, 2060 which include conducting a criminal history background check for 2061 approval of firearms purchases or transfers as authorized by 2062 state or federal law, to judges in the state courts system for 2063 the purpose of assisting them in their case-related 2064 decisionmaking responsibilities, as set forth in s. 943.053(5), 2065 or to those entities set forth in subparagraphs (a)1., 4., 5., 2066 6., 8., 9., and 10. for their respective licensing, access 2067 authorization, and employment purposes. 2068 (a) The subject of a criminal history record sealed under 2069 this section or under other provisions of law, including former 2070 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully 2071 deny or fail to acknowledge the arrests covered by the sealed 2072 record, except when the subject of the record: 2073 1. Is a candidate for employment with a criminal justice 2074 agency; 2075 2. Is a defendant in a criminal prosecution; 2076 3. Concurrently or subsequently petitions for relief under 2077 this section, s. 943.0583, or s. 943.0585; 2078 4. Is a candidate for admission to The Florida Bar; 2079 5. Is seeking to be employed or licensed by or to contract 2080 with the Department of Children and Families, the Division of 2081 Vocational Rehabilitation within the Department of Education, 2082 the Agency for Health Care Administration, the Agency for 2083 Persons with Disabilities, the Department of Health, the 2084 Department of Elderly Affairs, or the Department of Juvenile 2085 Justice or to be employed or used by such contractor or licensee 2086 in a sensitive position having direct contact with children, the 2087 disabled, or the elderly; 2088 6. Is seeking to be employed or licensed by the Department 2089 of Education, a district school board, a university laboratory 2090 school, a charter school, a private or parochial school, or a 2091 local governmental entity that licenses child care facilities; 2092 7. Is attempting to purchase a firearm from a licensed 2093 importer, licensed manufacturer, or licensed dealer and is 2094 subject to a criminal history check under state or federal law; 2095 8. Is seeking to be licensed by the Division of Insurance 2096 Agent and Agency Services within the Department of Financial 2097 Services; 2098 9. Is seeking to be appointed as a guardian pursuant to s. 2099 744.3125; or 2100 10. Is seeking to be licensed by the Bureau of License 2101 Issuance of the Division of Licensing within the Department of 2102 Agriculture and Consumer Services to carry a concealed weapon or 2103 concealed firearm. This subparagraph applies only in the 2104 determination of an applicant’s eligibility under s. 790.06. 2105 (b) Subject to the exceptions in paragraph (a), a person 2106 who has been granted a sealing under this section, former s. 2107 893.14, former s. 901.33, or former s. 943.058 may not be held 2108 under any provision of law of this state to commit perjury or to 2109 be otherwise liable for giving a false statement by reason of 2110 such person’s failure to recite or acknowledge a sealed criminal 2111 history record. 2112 (c) Information relating to the existence of a sealed 2113 criminal record provided in accordance with the provisions of 2114 paragraph (a) is confidential and exempt from the provisions of 2115 s. 119.07(1) and s. 24(a), Art. I of the State Constitution, 2116 except that the department shall disclose the sealed criminal 2117 history record to the entities set forth in subparagraphs (a)1., 2118 4., 5., 6., 8., 9., and 10. for their respective licensing, 2119 access authorization, and employment purposes. An employee of an 2120 entity set forth in subparagraph (a)1., subparagraph (a)4., 2121 subparagraph (a)5., subparagraph (a)6., subparagraph (a)8., 2122 subparagraph (a)9., or subparagraph (a)10. may not disclose 2123 information relating to the existence of a sealed criminal 2124 history record of a person seeking employment, access 2125 authorization, or licensure with such entity or contractor, 2126 except to the person to whom the criminal history record relates 2127 or to persons having direct responsibility for employment, 2128 access authorization, or licensure decisions. A person who 2129 violates the provisions of this paragraph commits a misdemeanor 2130 of the first degree, punishable as provided in s. 775.082 or s. 2131 775.083. 2132 (5) STATUTORY REFERENCES.—Any reference to any other 2133 chapter, section, or subdivision of the Florida Statutes in this 2134 section constitutes a general reference under the doctrine of 2135 incorporation by reference. 2136 Section 43. Paragraph (b) of subsection (1) of section 2137 944.606, Florida Statutes, is amended to read: 2138 944.606 Sexual offenders; notification upon release.— 2139 (1) As used in this section: 2140 (b) “Sexual offender” means a person who has been convicted 2141 of committing, or attempting, soliciting, or conspiring to 2142 commit, any of the criminal offenses proscribed in the following 2143 statutes in this state or similar offenses in another 2144 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s. 2145 787.02, or s. 787.025(2)(c), where the victim is a minor and the 2146 defendant is not the victim’s parent or guardian; s. 2147 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 2148 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 2149 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; former 2150 s. 827.071; s. 847.003; s. 847.0133; s. 847.0135, excluding s. 2151 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 2152 916.1075(2); or s. 985.701(1); or any similar offense committed 2153 in this state which has been redesignated from a former statute 2154 number to one of those listed in this subsection, when the 2155 department has received verified information regarding such 2156 conviction; an offender’s computerized criminal history record 2157 is not, in and of itself, verified information. 2158 Section 44. Paragraph (a) of subsection (1) of section 2159 944.607, Florida Statutes, is amended to read: 2160 944.607 Notification to Department of Law Enforcement of 2161 information on sexual offenders.— 2162 (1) As used in this section, the term: 2163 (a) “Sexual offender” means a person who is in the custody 2164 or control of, or under the supervision of, the department or is 2165 in the custody of a private correctional facility: 2166 1. On or after October 1, 1997, as a result of a conviction 2167 for committing, or attempting, soliciting, or conspiring to 2168 commit, any of the criminal offenses proscribed in the following 2169 statutes in this state or similar offenses in another 2170 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s. 2171 787.02, or s. 787.025(2)(c), where the victim is a minor and the 2172 defendant is not the victim’s parent or guardian; s. 2173 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 2174 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 2175 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; former 2176 s. 827.071; s. 847.003; s. 847.0133; s. 847.0135, excluding s. 2177 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 2178 916.1075(2); or s. 985.701(1); or any similar offense committed 2179 in this state which has been redesignated from a former statute 2180 number to one of those listed in this paragraph; or 2181 2. Who establishes or maintains a residence in this state 2182 and who has not been designated as a sexual predator by a court 2183 of this state but who has been designated as a sexual predator, 2184 as a sexually violent predator, or by another sexual offender 2185 designation in another state or jurisdiction and was, as a 2186 result of such designation, subjected to registration or 2187 community or public notification, or both, or would be if the 2188 person were a resident of that state or jurisdiction, without 2189 regard as to whether the person otherwise meets the criteria for 2190 registration as a sexual offender. 2191 Section 45. Subsections (7), (10), and (14) of section 2192 947.1405, Florida Statutes, are amended, and subsection (15) is 2193 added to that section, to read: 2194 947.1405 Conditional release program.— 2195 (7)(a) Any inmate who is convicted of a crime committed on 2196 or after October 1, 1995, or who has been previously convicted 2197 of a crime committed on or after October 1, 1995, in violation 2198 of chapter 794, s. 800.04, former s. 827.071, s. 847.0135(5), or 2199 s. 847.0145, and is subject to conditional release supervision, 2200 shall have, in addition to any other conditions imposed, the 2201 following special conditions imposed by the commission: 2202 1. A mandatory curfew from 10 p.m. to 6 a.m. The commission 2203 may designate another 8-hour period if the offender’s employment 2204 precludes the above specified time, and such alternative is 2205 recommended by the Department of Corrections. If the commission 2206 determines that imposing a curfew would endanger the victim, the 2207 commission may consider alternative sanctions. 2208 2. If the victim was under the age of 18, a prohibition on 2209 living within 1,000 feet of a school, child care facility, park, 2210 playground, designated public school bus stop, or other place 2211 where children regularly congregate. A releasee who is subject 2212 to this subparagraph may not relocate to a residence that is 2213 within 1,000 feet of a public school bus stop. Beginning October 2214 1, 2004, the commission or the department may not approve a 2215 residence that is located within 1,000 feet of a school, child 2216 care facility, park, playground, designated school bus stop, or 2217 other place where children regularly congregate for any releasee 2218 who is subject to this subparagraph. On October 1, 2004, the 2219 department shall notify each affected school district of the 2220 location of the residence of a releasee 30 days prior to release 2221 and thereafter, if the releasee relocates to a new residence, 2222 shall notify any affected school district of the residence of 2223 the releasee within 30 days after relocation. If, on October 1, 2224 2004, any public school bus stop is located within 1,000 feet of 2225 the existing residence of such releasee, the district school 2226 board shall relocate that school bus stop. Beginning October 1, 2227 2004, a district school board may not establish or relocate a 2228 public school bus stop within 1,000 feet of the residence of a 2229 releasee who is subject to this subparagraph. The failure of the 2230 district school board to comply with this subparagraph shall not 2231 result in a violation of conditional release supervision. A 2232 releasee who is subject to this subparagraph may not be forced 2233 to relocate and does not violate his or her conditional release 2234 supervision if he or she is living in a residence that meets the 2235 requirements of this subparagraph and a school, child care 2236 facility, park, playground, designated public school bus stop, 2237 or other place where children regularly congregate is 2238 subsequently established within 1,000 feet of his or her 2239 residence. 2240 3. Active participation in and successful completion of a 2241 sex offender treatment program with qualified practitioners 2242 specifically trained to treat sex offenders, at the releasee’s 2243 own expense. If a qualified practitioner is not available within 2244 a 50-mile radius of the releasee’s residence, the offender shall 2245 participate in other appropriate therapy. 2246 4. A prohibition on any contact with the victim, directly 2247 or indirectly, including through a third person, unless approved 2248 by the victim, a qualified practitioner in the sexual offender 2249 treatment program, and the sentencing court. 2250 5. If the victim was under the age of 18, a prohibition 2251 against contact with children under the age of 18 without review 2252 and approval by the commission. The commission may approve 2253 supervised contact with a child under the age of 18 if the 2254 approval is based upon a recommendation for contact issued by a 2255 qualified practitioner who is basing the recommendation on a 2256 risk assessment. Further, the sex offender must be currently 2257 enrolled in or have successfully completed a sex offender 2258 therapy program. The commission may not grant supervised contact 2259 with a child if the contact is not recommended by a qualified 2260 practitioner and may deny supervised contact with a child at any 2261 time. When considering whether to approve supervised contact 2262 with a child, the commission must review and consider the 2263 following: 2264 a. A risk assessment completed by a qualified practitioner. 2265 The qualified practitioner must prepare a written report that 2266 must include the findings of the assessment and address each of 2267 the following components: 2268 (I) The sex offender’s current legal status; 2269 (II) The sex offender’s history of adult charges with 2270 apparent sexual motivation; 2271 (III) The sex offender’s history of adult charges without 2272 apparent sexual motivation; 2273 (IV) The sex offender’s history of juvenile charges, 2274 whenever available; 2275 (V) The sex offender’s offender treatment history, 2276 including a consultation from the sex offender’s treating, or 2277 most recent treating, therapist; 2278 (VI) The sex offender’s current mental status; 2279 (VII) The sex offender’s mental health and substance abuse 2280 history as provided by the Department of Corrections; 2281 (VIII) The sex offender’s personal, social, educational, 2282 and work history; 2283 (IX) The results of current psychological testing of the 2284 sex offender if determined necessary by the qualified 2285 practitioner; 2286 (X) A description of the proposed contact, including the 2287 location, frequency, duration, and supervisory arrangement; 2288 (XI) The child’s preference and relative comfort level with 2289 the proposed contact, when age-appropriate; 2290 (XII) The parent’s or legal guardian’s preference regarding 2291 the proposed contact; and 2292 (XIII) The qualified practitioner’s opinion, along with the 2293 basis for that opinion, as to whether the proposed contact would 2294 likely pose significant risk of emotional or physical harm to 2295 the child. 2296 2297 The written report of the assessment must be given to the 2298 commission. 2299 b. A recommendation made as a part of the risk-assessment 2300 report as to whether supervised contact with the child should be 2301 approved; 2302 c. A written consent signed by the child’s parent or legal 2303 guardian, if the parent or legal guardian is not the sex 2304 offender, agreeing to the sex offender having supervised contact 2305 with the child after receiving full disclosure of the sex 2306 offender’s present legal status, past criminal history, and the 2307 results of the risk assessment. The commission may not approve 2308 contact with the child if the parent or legal guardian refuses 2309 to give written consent for supervised contact; 2310 d. A safety plan prepared by the qualified practitioner, 2311 who provides treatment to the offender, in collaboration with 2312 the sex offender, the child’s parent or legal guardian, and the 2313 child, when age appropriate, which details the acceptable 2314 conditions of contact between the sex offender and the child. 2315 The safety plan must be reviewed and approved by the Department 2316 of Corrections before being submitted to the commission; and 2317 e. Evidence that the child’s parent or legal guardian, if 2318 the parent or legal guardian is not the sex offender, 2319 understands the need for and agrees to the safety plan and has 2320 agreed to provide, or to designate another adult to provide, 2321 constant supervision any time the child is in contact with the 2322 offender. 2323 2324 The commission may not appoint a person to conduct a risk 2325 assessment and may not accept a risk assessment from a person 2326 who has not demonstrated to the commission that he or she has 2327 met the requirements of a qualified practitioner as defined in 2328 this section. 2329 6. If the victim was under age 18, a prohibition on working 2330 for pay or as a volunteer at any school, child care facility, 2331 park, playground, or other place where children regularly 2332 congregate, as prescribed by the commission. 2333 7. Unless otherwise indicated in the treatment plan 2334 provided by a qualified practitioner in the sexual offender 2335 treatment program, a prohibition on viewing, owning, or 2336 possessing any obscene, pornographic, or sexually stimulating 2337 visual or auditory material, including telephone, electronic 2338 media, computer programs, or computer services that are relevant 2339 to the offender’s deviant behavior pattern. 2340 8. Effective for a releasee whose crime is committed on or 2341 after July 1, 2005, a prohibition on accessing the Internet or 2342 other computer services until a qualified practitioner in the 2343 offender’s sex offender treatment program, after a risk 2344 assessment is completed, approves and implements a safety plan 2345 for the offender’s accessing or using the Internet or other 2346 computer services. 2347 9. A requirement that the releasee must submit two 2348 specimens of blood to the Department of Law Enforcement to be 2349 registered with the DNA database. 2350 10. A requirement that the releasee make restitution to the 2351 victim, as determined by the sentencing court or the commission, 2352 for all necessary medical and related professional services 2353 relating to physical, psychiatric, and psychological care. 2354 11. Submission to a warrantless search by the community 2355 control or probation officer of the probationer’s or community 2356 controllee’s person, residence, or vehicle. 2357 (b) For a releasee whose crime was committed on or after 2358 October 1, 1997, in violation of chapter 794, s. 800.04, former 2359 s. 827.071, s. 847.0135(5), or s. 847.0145, and who is subject 2360 to conditional release supervision, in addition to any other 2361 provision of this subsection, the commission shall impose the 2362 following additional conditions of conditional release 2363 supervision: 2364 1. As part of a treatment program, participation in a 2365 minimum of one annual polygraph examination to obtain 2366 information necessary for risk management and treatment and to 2367 reduce the sex offender’s denial mechanisms. The polygraph 2368 examination must be conducted by a polygrapher who is a member 2369 of a national or state polygraph association and who is 2370 certified as a postconviction sex offender polygrapher, where 2371 available, and at the expense of the releasee. The results of 2372 the examination shall be provided to the releasee’s probation 2373 officer and qualified practitioner and may not be used as 2374 evidence in a hearing to prove that a violation of supervision 2375 has occurred. 2376 2. Maintenance of a driving log and a prohibition against 2377 driving a motor vehicle alone without the prior approval of the 2378 supervising officer. 2379 3. A prohibition against obtaining or using a post office 2380 box without the prior approval of the supervising officer. 2381 4. If there was sexual contact, a submission to, at the 2382 releasee’s expense, an HIV test with the results to be released 2383 to the victim or the victim’s parent or guardian. 2384 5. Electronic monitoring of any form when ordered by the 2385 commission. Any person who has been placed under supervision and 2386 is electronically monitored by the department must pay the 2387 department for the cost of the electronic monitoring service at 2388 a rate that may not exceed the full cost of the monitoring 2389 service. Funds collected under this subparagraph shall be 2390 deposited into the General Revenue Fund. The department may 2391 exempt a person from the payment of all or any part of the 2392 electronic monitoring service cost if the department finds that 2393 any of the factors listed in s. 948.09(3) exist. 2394 (10) Effective for a releasee whose crime was committed on 2395 or after September 1, 2005, in violation of chapter 794, s. 2396 800.04(4), (5), or (6), former s. 827.071, or s. 847.0145, and 2397 the unlawful activity involved a victim who was 15 years of age 2398 or younger and the offender is 18 years of age or older or for a 2399 releasee who is designated as a sexual predator pursuant to s. 2400 775.21, in addition to any other provision of this section, the 2401 commission must order electronic monitoring for the duration of 2402 the releasee’s supervision. 2403 (14) Effective for a releasee whose crime was committed on 2404 or after October 1, 2014, in violation of chapter 794, s. 2405 800.04, former s. 827.071, s. 847.0135(5), or s. 847.0145, in 2406 addition to any other provision of this section, the commission 2407 must impose a condition prohibiting the releasee from viewing, 2408 accessing, owning, or possessing any obscene, pornographic, or 2409 sexually stimulating visual or auditory material unless 2410 otherwise indicated in the treatment plan provided by a 2411 qualified practitioner in the sexual offender treatment program. 2412 Visual or auditory material includes, but is not limited to, 2413 telephone, electronic media, computer programs, and computer 2414 services. 2415 (15)(a) Effective for a releasee whose crime was committed 2416 on or after October 1, 2016, in violation of s. 847.003 or s. 2417 847.0135(4), in addition to any other provision of this section, 2418 the commission must impose the conditions specified in 2419 subsections (7), (10), (12), and (14). 2420 (b) Effective for a releasee whose crime was committed on 2421 or after October 1, 2016, in violation of s. 847.0137, in 2422 addition to any other provision of this section, the commission 2423 must impose the conditions specified in subsections (7) and 2424 (14). 2425 Section 46. Subsection (2) of section 948.013, Florida 2426 Statutes, is amended, and subsection (3) is added to that 2427 section, to read: 2428 948.013 Administrative probation.— 2429 (2) Effective for an offense committed on or after July 1, 2430 1998, a person is ineligible for placement on administrative 2431 probation if the person is sentenced to or is serving a term of 2432 probation or community control, regardless of the conviction or 2433 adjudication, for committing, or attempting, conspiring, or 2434 soliciting to commit, any of the felony offenses described in s. 2435 787.01 or s. 787.02, where the victim is a minor and the 2436 defendant is not the victim’s parent; s. 787.025; s. 2437 787.06(3)(g); chapter 794; former s. 796.03; s. 800.04; s. 2438 825.1025(2)(b); former s. 827.071; s. 847.0133; s. 847.0135; or 2439 s. 847.0145. 2440 (3) Effective for an offense committed on or after October 2441 1, 2016, a person is ineligible for placement on administrative 2442 probation if the person is sentenced to or is serving a term of 2443 probation or community control, regardless of the conviction or 2444 adjudication, for committing, or attempting, conspiring, or 2445 soliciting to commit, any of the felony offenses described in s. 2446 847.003 or s. 847.0137. 2447 Section 47. Subsection (2) of section 948.03, Florida 2448 Statutes, is amended to read: 2449 948.03 Terms and conditions of probation.— 2450 (2) The enumeration of specific kinds of terms and 2451 conditions shall not prevent the court from adding thereto such 2452 other or others as it considers proper. However, the sentencing 2453 court may only impose a condition of supervision allowing an 2454 offender convicted of s. 794.011, s. 800.04, former s. 827.071, 2455 s. 847.003, s. 847.0135(5), or s. 847.0145, to reside in another 2456 state, if the order stipulates that it is contingent upon the 2457 approval of the receiving state interstate compact authority. 2458 The court may rescind or modify at any time the terms and 2459 conditions theretofore imposed by it upon the probationer. 2460 However, if the court withholds adjudication of guilt or imposes 2461 a period of incarceration as a condition of probation, the 2462 period shall not exceed 364 days, and incarceration shall be 2463 restricted to either a county facility, a probation and 2464 restitution center under the jurisdiction of the Department of 2465 Corrections, a probation program drug punishment phase I secure 2466 residential treatment institution, or a community residential 2467 facility owned or operated by any entity providing such 2468 services. 2469 Section 48. Subsection (1) of section 948.04, Florida 2470 Statutes, is amended to read: 2471 948.04 Period of probation; duty of probationer; early 2472 termination.— 2473 (1) Defendants found guilty of felonies who are placed on 2474 probation shall be under supervision not to exceed 2 years 2475 unless otherwise specified by the court. No defendant placed on 2476 probation pursuant to s. 948.012(1) is subject to the probation 2477 limitations of this subsection. A defendant who is placed on 2478 probation or community control for a violation of chapter 794, 2479orchapter 827, or s. 847.003 is subject to the maximum level of 2480 supervision provided by the supervising agency, and that 2481 supervision shall continue through the full term of the court 2482 imposed probation or community control. 2483 Section 49. Subsection (4) and paragraph (c) of subsection 2484 (8) of section 948.06, Florida Statutes, are amended to read: 2485 948.06 Violation of probation or community control; 2486 revocation; modification; continuance; failure to pay 2487 restitution or cost of supervision.— 2488 (4) Notwithstanding any other provision of this section, a 2489 felony probationer or an offender in community control who is 2490 arrested for violating his or her probation or community control 2491 in a material respect may be taken before the court in the 2492 county or circuit in which the probationer or offender was 2493 arrested. That court shall advise him or her of the charge of a 2494 violation and, if such charge is admitted, shall cause him or 2495 her to be brought before the court that granted the probation or 2496 community control. If the violation is not admitted by the 2497 probationer or offender, the court may commit him or her or 2498 release him or her with or without bail to await further 2499 hearing. However, if the probationer or offender is under 2500 supervision for any criminal offense proscribed in chapter 794, 2501 s. 800.04(4), (5), (6), former s. 827.071, or s. 847.0145, or is 2502 a registered sexual predator or a registered sexual offender, or 2503 is under supervision for a criminal offense for which he or she 2504 would meet the registration criteria in s. 775.21, s. 943.0435, 2505 or s. 944.607 but for the effective date of those sections, the 2506 court must make a finding that the probationer or offender is 2507 not a danger to the public prior to release with or without 2508 bail. In determining the danger posed by the offender’s or 2509 probationer’s release, the court may consider the nature and 2510 circumstances of the violation and any new offenses charged; the 2511 offender’s or probationer’s past and present conduct, including 2512 convictions of crimes; any record of arrests without conviction 2513 for crimes involving violence or sexual crimes; any other 2514 evidence of allegations of unlawful sexual conduct or the use of 2515 violence by the offender or probationer; the offender’s or 2516 probationer’s family ties, length of residence in the community, 2517 employment history, and mental condition; his or her history and 2518 conduct during the probation or community control supervision 2519 from which the violation arises and any other previous 2520 supervisions, including disciplinary records of previous 2521 incarcerations; the likelihood that the offender or probationer 2522 will engage again in a criminal course of conduct; the weight of 2523 the evidence against the offender or probationer; and any other 2524 facts the court considers relevant. The court, as soon as is 2525 practicable, shall give the probationer or offender an 2526 opportunity to be fully heard on his or her behalf in person or 2527 by counsel. After the hearing, the court shall make findings of 2528 fact and forward the findings to the court that granted the 2529 probation or community control and to the probationer or 2530 offender or his or her attorney. The findings of fact by the 2531 hearing court are binding on the court that granted the 2532 probation or community control. Upon the probationer or offender 2533 being brought before it, the court that granted the probation or 2534 community control may revoke, modify, or continue the probation 2535 or community control or may place the probationer into community 2536 control as provided in this section. However, the probationer or 2537 offender shall not be released and shall not be admitted to 2538 bail, but shall be brought before the court that granted the 2539 probation or community control if any violation of felony 2540 probation or community control other than a failure to pay costs 2541 or fines or make restitution payments is alleged to have been 2542 committed by: 2543 (a) A violent felony offender of special concern, as 2544 defined in this section; 2545 (b) A person who is on felony probation or community 2546 control for any offense committed on or after the effective date 2547 of this act and who is arrested for a qualifying offense as 2548 defined in this section; or 2549 (c) A person who is on felony probation or community 2550 control and has previously been found by a court to be a 2551 habitual violent felony offender as defined in s. 775.084(1)(b), 2552 a three-time violent felony offender as defined in s. 2553 775.084(1)(c), or a sexual predator under s. 775.21, and who is 2554 arrested for committing a qualifying offense as defined in this 2555 section on or after the effective date of this act. 2556 (8) 2557 (c) For purposes of this section, the term “qualifying 2558 offense” means any of the following: 2559 1. Kidnapping or attempted kidnapping under s. 787.01, 2560 false imprisonment of a child under the age of 13 under s. 2561 787.02(3), or luring or enticing a child under s. 787.025(2)(b) 2562 or (c). 2563 2. Murder or attempted murder under s. 782.04, attempted 2564 felony murder under s. 782.051, or manslaughter under s. 782.07. 2565 3. Aggravated battery or attempted aggravated battery under 2566 s. 784.045. 2567 4. Sexual battery or attempted sexual battery under s. 2568 794.011(2), (3), (4), or (8)(b) or (c). 2569 5. Lewd or lascivious battery or attempted lewd or 2570 lascivious battery under s. 800.04(4), lewd or lascivious 2571 molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious 2572 conduct under s. 800.04(6)(b), lewd or lascivious exhibition 2573 under s. 800.04(7)(b), or lewd or lascivious exhibition on 2574 computer under s. 847.0135(5)(b). 2575 6. Robbery or attempted robbery under s. 812.13, carjacking 2576 or attempted carjacking under s. 812.133, or home invasion 2577 robbery or attempted home invasion robbery under s. 812.135. 2578 7. Lewd or lascivious offense upon or in the presence of an 2579 elderly or disabled person or attempted lewd or lascivious 2580 offense upon or in the presence of an elderly or disabled person 2581 under s. 825.1025. 2582 8. Sexual performance by a child or attempted sexual 2583 performance by a child under former s. 827.071 or s. 847.003. 2584 9. Computer pornography under s. 847.0135(2) or (3), 2585transmission ofchild pornography under s. 847.0137, or selling 2586 or buying of minors under s. 847.0145. 2587 10. Poisoning food or water under s. 859.01. 2588 11. Abuse of a dead human body under s. 872.06. 2589 12. Any burglary offense or attempted burglary offense that 2590 is either a first degree felony or second degree felony under s. 2591 810.02(2) or (3). 2592 13. Arson or attempted arson under s. 806.01(1). 2593 14. Aggravated assault under s. 784.021. 2594 15. Aggravated stalking under s. 784.048(3), (4), (5), or 2595 (7). 2596 16. Aircraft piracy under s. 860.16. 2597 17. Unlawful throwing, placing, or discharging of a 2598 destructive device or bomb under s. 790.161(2), (3), or (4). 2599 18. Treason under s. 876.32. 2600 19. Any offense committed in another jurisdiction which 2601 would be an offense listed in this paragraph if that offense had 2602 been committed in this state. 2603 Section 50. Subsection (1) of section 948.062, Florida 2604 Statutes, is amended to read: 2605 948.062 Reviewing and reporting serious offenses committed 2606 by offenders placed on probation or community control.— 2607 (1) The department shall review the circumstances related 2608 to an offender placed on probation or community control who has 2609 been arrested while on supervision for the following offenses: 2610 (a) Any murder as provided in s. 782.04; 2611 (b) Any sexual battery as provided in s. 794.011 or s. 2612 794.023; 2613 (c) Any sexual performance by a child as provided in former 2614 s. 827.071 or s. 847.003; 2615 (d) Any kidnapping, false imprisonment, or luring of a 2616 child as provided in s. 787.01, s. 787.02, or s. 787.025; 2617 (e) Any lewd and lascivious battery or lewd and lascivious 2618 molestation as provided in s. 800.04(4) or (5); 2619 (f) Any aggravated child abuse as provided in s. 2620 827.03(2)(a); 2621 (g) Any robbery with a firearm or other deadly weapon, home 2622 invasion robbery, or carjacking as provided in s. 812.13(2)(a), 2623 s. 812.135, or s. 812.133; 2624 (h) Any aggravated stalking as provided in s. 784.048(3), 2625 (4), or (5); 2626 (i) Any forcible felony as provided in s. 776.08, committed 2627 by a person on probation or community control who is designated 2628 as a sexual predator; or 2629 (j) Any DUI manslaughter as provided in s. 316.193(3)(c), 2630 or vehicular or vessel homicide as provided in s. 782.071 or s. 2631 782.072, committed by a person who is on probation or community 2632 control for an offense involving death or injury resulting from 2633 a driving incident. 2634 Section 51. Subsection (2) of section 948.101, Florida 2635 Statutes, is amended to read: 2636 948.101 Terms and conditions of community control.— 2637 (2) The enumeration of specific kinds of terms and 2638 conditions does not prevent the court from adding any other 2639 terms or conditions that the court considers proper. However, 2640 the sentencing court may only impose a condition of supervision 2641 allowing an offender convicted of s. 794.011, s. 800.04, former 2642 s. 827.071, s. 847.003, s. 847.0135(5), or s. 847.0145 to reside 2643 in another state if the order stipulates that it is contingent 2644 upon the approval of the receiving state interstate compact 2645 authority. The court may rescind or modify at any time the terms 2646 and conditions theretofore imposed by it upon the offender in 2647 community control. However, if the court withholds adjudication 2648 of guilt or imposes a period of incarceration as a condition of 2649 community control, the period may not exceed 364 days, and 2650 incarceration shall be restricted to a county facility, a 2651 probation and restitution center under the jurisdiction of the 2652 Department of Corrections, a probation program drug punishment 2653 phase I secure residential treatment institution, or a community 2654 residential facility owned or operated by any entity providing 2655 such services. 2656 Section 52. Subsections (1) and (2), paragraphs (a) and (c) 2657 of subsection (3), and subsection (5) of section 948.30, Florida 2658 Statutes, are amended, and subsection (6) is added to that 2659 section, to read: 2660 948.30 Additional terms and conditions of probation or 2661 community control for certain sex offenses.—Conditions imposed 2662 pursuant to this section do not require oral pronouncement at 2663 the time of sentencing and shall be considered standard 2664 conditions of probation or community control for offenders 2665 specified in this section. 2666 (1) Effective for probationers or community controllees 2667 whose crime was committed on or after October 1, 1995, and who 2668 are placed under supervision for violation of chapter 794, s. 2669 800.04, former s. 827.071, s. 847.0135(5), or s. 847.0145, the 2670 court must impose the following conditions in addition to all 2671 other standard and special conditions imposed: 2672 (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may 2673 designate another 8-hour period if the offender’s employment 2674 precludes the above specified time, and the alternative is 2675 recommended by the Department of Corrections. If the court 2676 determines that imposing a curfew would endanger the victim, the 2677 court may consider alternative sanctions. 2678 (b) If the victim was under the age of 18, a prohibition on 2679 living within 1,000 feet of a school, child care facility, park, 2680 playground, or other place where children regularly congregate, 2681 as prescribed by the court. The 1,000-foot distance shall be 2682 measured in a straight line from the offender’s place of 2683 residence to the nearest boundary line of the school, child care 2684 facility, park, playground, or other place where children 2685 congregate. The distance may not be measured by a pedestrian 2686 route or automobile route. A probationer or community controllee 2687 who is subject to this paragraph may not be forced to relocate 2688 and does not violate his or her probation or community control 2689 if he or she is living in a residence that meets the 2690 requirements of this paragraph and a school, child care 2691 facility, park, playground, or other place where children 2692 regularly congregate is subsequently established within 1,000 2693 feet of his or her residence. 2694 (c) Active participation in and successful completion of a 2695 sex offender treatment program with qualified practitioners 2696 specifically trained to treat sex offenders, at the 2697 probationer’s or community controllee’s own expense. If a 2698 qualified practitioner is not available within a 50-mile radius 2699 of the probationer’s or community controllee’s residence, the 2700 offender shall participate in other appropriate therapy. 2701 (d) A prohibition on any contact with the victim, directly 2702 or indirectly, including through a third person, unless approved 2703 by the victim, a qualified practitioner in the sexual offender 2704 treatment program, and the sentencing court. 2705 (e) If the victim was under the age of 18, a prohibition on 2706 contact with a child under the age of 18 except as provided in 2707 this paragraph. The court may approve supervised contact with a 2708 child under the age of 18 if the approval is based upon a 2709 recommendation for contact issued by a qualified practitioner 2710 who is basing the recommendation on a risk assessment. Further, 2711 the sex offender must be currently enrolled in or have 2712 successfully completed a sex offender therapy program. The court 2713 may not grant supervised contact with a child if the contact is 2714 not recommended by a qualified practitioner and may deny 2715 supervised contact with a child at any time. When considering 2716 whether to approve supervised contact with a child, the court 2717 must review and consider the following: 2718 1. A risk assessment completed by a qualified practitioner. 2719 The qualified practitioner must prepare a written report that 2720 must include the findings of the assessment and address each of 2721 the following components: 2722 a. The sex offender’s current legal status; 2723 b. The sex offender’s history of adult charges with 2724 apparent sexual motivation; 2725 c. The sex offender’s history of adult charges without 2726 apparent sexual motivation; 2727 d. The sex offender’s history of juvenile charges, whenever 2728 available; 2729 e. The sex offender’s offender treatment history, including 2730 consultations with the sex offender’s treating, or most recent 2731 treating, therapist; 2732 f. The sex offender’s current mental status; 2733 g. The sex offender’s mental health and substance abuse 2734 treatment history as provided by the Department of Corrections; 2735 h. The sex offender’s personal, social, educational, and 2736 work history; 2737 i. The results of current psychological testing of the sex 2738 offender if determined necessary by the qualified practitioner; 2739 j. A description of the proposed contact, including the 2740 location, frequency, duration, and supervisory arrangement; 2741 k. The child’s preference and relative comfort level with 2742 the proposed contact, when age appropriate; 2743 l. The parent’s or legal guardian’s preference regarding 2744 the proposed contact; and 2745 m. The qualified practitioner’s opinion, along with the 2746 basis for that opinion, as to whether the proposed contact would 2747 likely pose significant risk of emotional or physical harm to 2748 the child. 2749 2750 The written report of the assessment must be given to the court; 2751 2. A recommendation made as a part of the risk assessment 2752 report as to whether supervised contact with the child should be 2753 approved; 2754 3. A written consent signed by the child’s parent or legal 2755 guardian, if the parent or legal guardian is not the sex 2756 offender, agreeing to the sex offender having supervised contact 2757 with the child after receiving full disclosure of the sex 2758 offender’s present legal status, past criminal history, and the 2759 results of the risk assessment. The court may not approve 2760 contact with the child if the parent or legal guardian refuses 2761 to give written consent for supervised contact; 2762 4. A safety plan prepared by the qualified practitioner, 2763 who provides treatment to the offender, in collaboration with 2764 the sex offender, the child’s parent or legal guardian, if the 2765 parent or legal guardian is not the sex offender, and the child, 2766 when age appropriate, which details the acceptable conditions of 2767 contact between the sex offender and the child. The safety plan 2768 must be reviewed and approved by the court; and 2769 5. Evidence that the child’s parent or legal guardian 2770 understands the need for and agrees to the safety plan and has 2771 agreed to provide, or to designate another adult to provide, 2772 constant supervision any time the child is in contact with the 2773 offender. 2774 2775 The court may not appoint a person to conduct a risk assessment 2776 and may not accept a risk assessment from a person who has not 2777 demonstrated to the court that he or she has met the 2778 requirements of a qualified practitioner as defined in this 2779 section. 2780 (f) If the victim was under age 18, a prohibition on 2781 working for pay or as a volunteer at any place where children 2782 regularly congregate, including, but not limited to, schools, 2783 child care facilities, parks, playgrounds, pet stores, 2784 libraries, zoos, theme parks, and malls. 2785 (g) Unless otherwise indicated in the treatment plan 2786 provided by a qualified practitioner in the sexual offender 2787 treatment program, a prohibition on viewing, accessing, owning, 2788 or possessing any obscene, pornographic, or sexually stimulating 2789 visual or auditory material, including telephone, electronic 2790 media, computer programs, or computer services that are relevant 2791 to the offender’s deviant behavior pattern. 2792 (h) Effective for probationers and community controllees 2793 whose crime is committed on or after July 1, 2005, a prohibition 2794 on accessing the Internet or other computer services until a 2795 qualified practitioner in the offender’s sex offender treatment 2796 program, after a risk assessment is completed, approves and 2797 implements a safety plan for the offender’s accessing or using 2798 the Internet or other computer services. 2799 (i) A requirement that the probationer or community 2800 controllee must submit a specimen of blood or other approved 2801 biological specimen to the Department of Law Enforcement to be 2802 registered with the DNA data bank. 2803 (j) A requirement that the probationer or community 2804 controllee make restitution to the victim, as ordered by the 2805 court under s. 775.089, for all necessary medical and related 2806 professional services relating to physical, psychiatric, and 2807 psychological care. 2808 (k) Submission to a warrantless search by the community 2809 control or probation officer of the probationer’s or community 2810 controllee’s person, residence, or vehicle. 2811 (2) Effective for a probationer or community controllee 2812 whose crime was committed on or after October 1, 1997, and who 2813 is placed on community control or sex offender probation for a 2814 violation of chapter 794, s. 800.04, former s. 827.071, s. 2815 847.0135(5), or s. 847.0145, in addition to any other provision 2816 of this section, the court must impose the following conditions 2817 of probation or community control: 2818 (a) As part of a treatment program, participation at least 2819 annually in polygraph examinations to obtain information 2820 necessary for risk management and treatment and to reduce the 2821 sex offender’s denial mechanisms. A polygraph examination must 2822 be conducted by a polygrapher who is a member of a national or 2823 state polygraph association and who is certified as a 2824 postconviction sex offender polygrapher, where available, and 2825 shall be paid for by the probationer or community controllee. 2826 The results of the polygraph examination shall be provided to 2827 the probationer’s or community controllee’s probation officer 2828 and qualified practitioner and shall not be used as evidence in 2829 court to prove that a violation of community supervision has 2830 occurred. 2831 (b) Maintenance of a driving log and a prohibition against 2832 driving a motor vehicle alone without the prior approval of the 2833 supervising officer. 2834 (c) A prohibition against obtaining or using a post office 2835 box without the prior approval of the supervising officer. 2836 (d) If there was sexual contact, a submission to, at the 2837 probationer’s or community controllee’s expense, an HIV test 2838 with the results to be released to the victim or the victim’s 2839 parent or guardian. 2840 (e) Electronic monitoring when deemed necessary by the 2841 community control or probation officer and his or her 2842 supervisor, and ordered by the court at the recommendation of 2843 the Department of Corrections. 2844 (3) Effective for a probationer or community controllee 2845 whose crime was committed on or after September 1, 2005, and 2846 who: 2847 (a) Is placed on probation or community control for a 2848 violation of chapter 794, s. 800.04(4), (5), or (6), former s. 2849 827.071, or s. 847.0145 and the unlawful sexual activity 2850 involved a victim 15 years of age or younger and the offender is 2851 18 years of age or older; 2852 (c) Has previously been convicted of a violation of chapter 2853 794, s. 800.04(4), (5), or (6), former s. 827.071, or s. 2854 847.0145 and the unlawful sexual activity involved a victim 15 2855 years of age or younger and the offender is 18 years of age or 2856 older, 2857 2858 the court must order, in addition to any other provision of this 2859 section, mandatory electronic monitoring as a condition of the 2860 probation or community control supervision. 2861 (5) Effective for a probationer or community controllee 2862 whose crime was committed on or after October 1, 2014, and who 2863 is placed on probation or community control for a violation of 2864 chapter 794, s. 800.04, former s. 827.071, s. 847.0135(5), or s. 2865 847.0145, in addition to all other conditions imposed, the court 2866 must impose a condition prohibiting the probationer or community 2867 controllee from viewing, accessing, owning, or possessing any 2868 obscene, pornographic, or sexually stimulating visual or 2869 auditory material unless otherwise indicated in the treatment 2870 plan provided by a qualified practitioner in the sexual offender 2871 treatment program. Visual or auditory material includes, but is 2872 not limited to, telephone, electronic media, computer programs, 2873 and computer services. 2874 (6) Effective for a probationer or community controllee 2875 whose crime was committed on or after October 1, 2016, and who 2876 is placed under supervision for violation of s. 847.003, s. 2877 847.0135(4), or s. 847.0137, the court must impose the 2878 conditions specified in subsections (1)-(5) in addition to all 2879 other standard and special conditions imposed. 2880 Section 53. Subsection (1) of section 948.32, Florida 2881 Statutes, is amended to read: 2882 948.32 Requirements of law enforcement agency upon arrest 2883 of persons for certain sex offenses.— 2884 (1) When any state or local law enforcement agency 2885 investigates or arrests a person for committing, or attempting, 2886 soliciting, or conspiring to commit, a violation of s. 2887 787.025(2)(c), s. 787.06(3)(g), chapter 794, former s. 796.03, 2888 s. 800.04, former s. 827.071, s. 847.003, s. 847.0133, s. 2889 847.0135, or s. 847.0145, the law enforcement agency shall 2890 contact the Department of Corrections to verify whether the 2891 person under investigation or under arrest is on probation, 2892 community control, parole, conditional release, or control 2893 release. 2894 Section 54. Paragraph (e) of subsection (3) and subsection 2895 (10) of section 960.03, Florida Statutes, are amended to read: 2896 960.03 Definitions; ss. 960.01-960.28.—As used in ss. 2897 960.01-960.28, unless the context otherwise requires, the term: 2898 (3) “Crime” means: 2899 (e) A violation of former s. 827.071, s. 847.003, s. 2900 847.0135, s. 847.0137, or s. 847.0138, related to online sexual 2901 exploitation and child pornography. 2902 (10) “Identified victim of child pornography” means any 2903 person who, while under the age of 18, is depicted in any visual 2904 depictionimage or movieof child pornography, as defined in s. 2905 847.0137, and who is identified through a report generated by a 2906 law enforcement agency and provided to the National Center for 2907 Missing and Exploited Children’s Child Victim Identification 2908 Program. 2909 Section 55. Section 960.197, Florida Statutes, is amended 2910 to read: 2911 960.197 Assistance to victims of online sexual exploitation 2912 and child pornography.— 2913 (1) Notwithstanding the criteria set forth in s. 960.13 for 2914 crime victim compensation awards, the department may award 2915 compensation for counseling and other mental health services to 2916 treat psychological injury or trauma to: 2917 (a) A child younger than 18 years of age who suffers 2918 psychiatric or psychological injury as a direct result of online 2919 sexual exploitation under formerany provision ofs. 827.071, s. 2920 847.003, s. 847.0135, s. 847.0137, or s. 847.0138,and who does 2921 not otherwise sustain a personal injury or death; or 2922 (b) Any person who, while younger than age 18, was depicted 2923 in any visual depictionimage or movie, regardless of length,of 2924 child pornography as defined in s. 847.0137847.001, who has 2925 been identified by a law enforcement agency or the National 2926 Center for Missing and Exploited Children as an identified 2927 victim of child pornography, who suffers psychiatric or 2928 psychological injury as a direct result of the crime, and who 2929 does not otherwise sustain a personal injury or death. 2930 (2) Compensation under this section is not contingent upon 2931 pursuit of a criminal investigation or prosecution. 2932 Section 56. Paragraph (d) of subsection (4) of section 2933 985.04, Florida Statutes, is amended to read: 2934 985.04 Oaths; records; confidential information.— 2935 (4) 2936 (d) The department shall disclose to the school 2937 superintendent the presence of any child in the care and custody 2938 or under the jurisdiction or supervision of the department who 2939 has a known history of criminal sexual behavior with other 2940 juveniles; is alleged to have committed juvenile sexual abuse as 2941 defined in s. 39.01; or has pled guilty or nolo contendere to, 2942 or has been found to have committed, a violation of chapter 794, 2943 chapter 796, chapter 800, former s. 827.071, s. 847.003,ors. 2944 847.0133, or s. 847.0137, regardless of adjudication. Any 2945 employee of a district school board who knowingly and willfully 2946 discloses such information to an unauthorized person commits a 2947 misdemeanor of the second degree, punishable as provided in s. 2948 775.082 or s. 775.083. 2949 Section 57. Subsection (1) of section 985.475, Florida 2950 Statutes, is amended to read: 2951 985.475 Juvenile sexual offenders.— 2952 (1) CRITERIA.—A “juvenile sexual offender” means: 2953 (a) A juvenile who has been found by the court under s. 2954 985.35 to have committed a violation of chapter 794, chapter 2955 796, chapter 800, former s. 827.071, s. 847.003,ors. 847.0133, 2956 or s. 847.0137; 2957 (b) A juvenile found to have committed any felony violation 2958 of law or delinquent act involving juvenile sexual abuse. 2959 “Juvenile sexual abuse” means any sexual behavior that occurs 2960 without consent, without equality, or as a result of coercion. 2961 For purposes of this subsection, the following definitions 2962 apply: 2963 1. “Coercion” means the exploitation of authority, use of 2964 bribes, threats of force, or intimidation to gain cooperation or 2965 compliance. 2966 2. “Equality” means two participants operating with the 2967 same level of power in a relationship, neither being controlled 2968 nor coerced by the other. 2969 3. “Consent” means an agreement including all of the 2970 following: 2971 a. Understanding what is proposed based on age, maturity, 2972 developmental level, functioning, and experience. 2973 b. Knowledge of societal standards for what is being 2974 proposed. 2975 c. Awareness of potential consequences and alternatives. 2976 d. Assumption that agreement or disagreement will be 2977 accepted equally. 2978 e. Voluntary decision. 2979 f. Mental competence. 2980 2981 Juvenile sexual offender behavior ranges from noncontact sexual 2982 behavior such as making obscene phone calls, exhibitionism, 2983 voyeurism, and the showing or taking of lewd photographs to 2984 varying degrees of direct sexual contact, such as frottage, 2985 fondling, digital penetration, rape, fellatio, sodomy, and 2986 various other sexually aggressive acts. 2987 Section 58. Paragraph (mm) of subsection (1) of section 2988 1012.315, Florida Statutes, is amended to read: 2989 1012.315 Disqualification from employment.—A person is 2990 ineligible for educator certification, and instructional 2991 personnel and school administrators, as defined in s. 1012.01, 2992 are ineligible for employment in any position that requires 2993 direct contact with students in a district school system, 2994 charter school, or private school that accepts scholarship 2995 students under s. 1002.39 or s. 1002.395, if the person, 2996 instructional personnel, or school administrator has been 2997 convicted of: 2998 (1) Any felony offense prohibited under any of the 2999 following statutes: 3000 (mm) Former s.Section827.071, relating to sexual 3001 performance by a child. 3002 Section 59. Paragraphs (e), (f), and (h) of subsection (3) 3003 of section 921.0022, Florida Statutes, are amended to read: 3004 921.0022 Criminal Punishment Code; offense severity ranking 3005 chart.— 3006 (3) OFFENSE SEVERITY RANKING CHART 3007 (e) LEVEL 5 3008 3009 3010 FloridaStatute FelonyDegree Description 3011 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 3012 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 3013 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 3014 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 3015 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy. 3016 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester. 3017 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 3018 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage. 3019 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims. 3020 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums. 3021 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 3022 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 3023 790.01(2) 3rd Carrying a concealed firearm. 3024 790.162 2nd Threat to throw or discharge destructive device. 3025 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction. 3026 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 3027 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 3028 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 3029 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 3030 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 3031 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 3032 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 3033 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts. 3034 812.019(1) 2nd Stolen property; dealing in or trafficking in. 3035 812.131(2)(b) 3rd Robbery by sudden snatching. 3036 812.16(2) 3rd Owning, operating, or conducting a chop shop. 3037 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 3038 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 3039 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. 3040 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. 3041 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder. 3042 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 3043827.071(4)2ndPossess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.3044827.071(5)3rdPossess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.3045 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. 3046 843.01 3rd Resist officer with violence to person; resist arrest with violence. 3047 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 3048 847.0137(2)(a) 2nd Possess child pornography with intent to promote. 3049 847.0137(2)(b) 3rd Possess, control, or intentionally view child pornography. 3050 847.0137(3)847.0137(2) & (3)3rd Transmission of child pornography by electronic device or equipment. 3051 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 3052 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 3053 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 3054 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). 3055 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. 3056 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. 3057 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. 3058 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. 3059 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). 3060 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 3061 (f) LEVEL 6 3062 3063 3064 FloridaStatute FelonyDegree Description 3065 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 3066 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 3067 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 3068 499.0051(3) 2nd Knowing forgery of pedigree papers. 3069 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 3070 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 3071 775.0875(1) 3rd Taking firearm from law enforcement officer. 3072 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 3073 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 3074 784.041 3rd Felony battery; domestic battery by strangulation. 3075 784.048(3) 3rd Aggravated stalking; credible threat. 3076 784.048(5) 3rd Aggravated stalking of person under 16. 3077 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 3078 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 3079 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older. 3080 784.081(2) 2nd Aggravated assault on specified official or employee. 3081 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 3082 784.083(2) 2nd Aggravated assault on code inspector. 3083 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 3084 790.115(2)(d) 2nd Discharging firearm or weapon on school property. 3085 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 3086 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. 3087 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 3088 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 3089 794.05(1) 2nd Unlawful sexual activity with specified minor. 3090 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. 3091 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older. 3092 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 3093 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 3094 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense. 3095 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 3096 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 3097 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction. 3098 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others. 3099 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 3100 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 3101 825.102(1) 3rd Abuse of an elderly person or disabled adult. 3102 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 3103 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 3104 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 3105 827.03(2)(c) 3rd Abuse of a child. 3106 827.03(2)(d) 3rd Neglect of a child. 3107827.071(2) & (3)2ndUse or induce a child in a sexual performance, or promote or direct such performance.3108 836.05 2nd Threats; extortion. 3109 836.10 2nd Written threats to kill or do bodily injury. 3110 843.12 3rd Aids or assists person to escape. 3111 847.003 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 3112 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 3113 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 3114 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 3115 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 3116 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. 3117 944.40 2nd Escapes. 3118 944.46 3rd Harboring, concealing, aiding escaped prisoners. 3119 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 3120 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility. 3121 (h) LEVEL 8 3122 3123 3124 FloridaStatute FelonyDegree Description 3125 316.193 (3)(c)3.a. 2nd DUI manslaughter. 3126 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death. 3127 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 3128 499.0051(7) 1st Knowing trafficking in contraband prescription drugs. 3129 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels. 3130 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. 3131 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. 3132 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. 3133 777.03(2)(a) 1st Accessory after the fact, capital felony. 3134 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. 3135 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). 3136 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information. 3137 782.072(2) 1st Committing vessel homicide and failing to render aid or give information. 3138 787.06(3)(a)1. 1st Human trafficking for labor and services of a child. 3139 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult. 3140 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult. 3141 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. 3142 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. 3143 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage. 3144 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. 3145 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. 3146 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. 3147 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. 3148 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state. 3149 800.04(4)(b) 2nd Lewd or lascivious battery. 3150 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense. 3151 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure. 3152 810.02(2)(a) 1st,PBL Burglary with assault or battery. 3153 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon. 3154 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. 3155 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. 3156 812.13(2)(b) 1st Robbery with a weapon. 3157 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon. 3158 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense. 3159 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee. 3160 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision. 3161 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. 3162 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18. 3163 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult. 3164 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult. 3165 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more. 3166 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony. 3167 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony. 3168 847.0135(3) 2nd Solicitation of a child, via a computer service, to commit an unlawful sex act while misrepresenting one’s age. 3169 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. 3170 860.16 1st Aircraft piracy. 3171 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). 3172 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 3173 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 3174 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. 3175 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams. 3176 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams. 3177 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams. 3178 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams. 3179 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams. 3180 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. 3181 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams. 3182 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. 3183 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. 3184 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. 3185 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. 3186 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there. 3187 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity. 3188 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. 3189 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity. 3190 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. 3191 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. 3192 Section 60. For the purpose of incorporating the amendment 3193 made by this act to section 16.56, Florida Statutes, in a 3194 reference thereto, paragraph (b) of subsection (1) of section 3195 92.605, Florida Statutes, is reenacted to read: 3196 92.605 Production of certain records by Florida businesses 3197 and out-of-state corporations.— 3198 (1) For the purposes of this section, the term: 3199 (b) “Applicant” means a law enforcement officer who is 3200 seeking a court order or subpoena under s. 16.56, s. 27.04, s. 3201 905.185, or s. 914.04 or who is issued a search warrant under s. 3202 933.01, or anyone who is authorized to issue a subpoena under 3203 the Florida Rules of Criminal Procedure. 3204 Section 61. For the purpose of incorporating the amendment 3205 made by this act to section 16.56, Florida Statutes, in 3206 references thereto, subsection (10) of section 896.101, Florida 3207 Statutes, is reenacted to read: 3208 896.101 Florida Money Laundering Act; definitions; 3209 penalties; injunctions; seizure warrants; immunity.— 3210 (10) Any financial institution, licensed money services 3211 business, or other person served with and complying with the 3212 terms of a warrant, temporary injunction, or other court order, 3213 including any subpoena issued under s. 16.56 or s. 27.04, 3214 obtained in furtherance of an investigation of any crime in this 3215 section, including any crime listed as specified unlawful 3216 activity under this section or any felony violation of chapter 3217 560, has immunity from criminal liability and is not liable to 3218 any person for any lawful action taken in complying with the 3219 warrant, temporary injunction, or other court order, including 3220 any subpoena issued under s. 16.56 or s. 27.04. If any subpoena 3221 issued under s. 16.56 or s. 27.04 contains a nondisclosure 3222 provision, any financial institution, licensed money services 3223 business, employee or officer of a financial institution or 3224 licensed money services business, or any other person may not 3225 notify, directly or indirectly, any customer of that financial 3226 institution or money services business whose records are being 3227 sought by the subpoena, or any other person named in the 3228 subpoena, about the existence or the contents of that subpoena 3229 or about information that has been furnished to the state 3230 attorney or statewide prosecutor who issued the subpoena or 3231 other law enforcement officer named in the subpoena in response 3232 to the subpoena. 3233 Section 62. For the purpose of incorporating the amendment 3234 made by this act to section 39.01, Florida Statutes, in 3235 references thereto, paragraphs (b) and (e) of subsection (2) of 3236 section 390.01114, Florida Statutes, are reenacted to read: 3237 390.01114 Parental Notice of Abortion Act.— 3238 (2) DEFINITIONS.—As used in this section, the term: 3239 (b) “Child abuse” means abandonment, abuse, harm, mental 3240 injury, neglect, physical injury, or sexual abuse of a child as 3241 those terms are defined in ss. 39.01, 827.04, and 984.03. 3242 (e) “Sexual abuse” has the meaning ascribed in s. 39.01. 3243 Section 63. For the purpose of incorporating the amendment 3244 made by this act to section 39.01, Florida Statutes, in 3245 references thereto, paragraph (h) of subsection (4) and 3246 subsections (7) and (9) of section 393.067, Florida Statutes, 3247 are reenacted to read: 3248 393.067 Facility licensure.— 3249 (4) The application shall be under oath and shall contain 3250 the following: 3251 (h) Certification that the staff of the facility or program 3252 will receive training to detect, report, and prevent sexual 3253 abuse, abuse, neglect, exploitation, and abandonment, as defined 3254 in ss. 39.01 and 415.102, of residents and clients. 3255 (7) The agency shall adopt rules establishing minimum 3256 standards for facilities and programs licensed under this 3257 section, including rules requiring facilities and programs to 3258 train staff to detect, report, and prevent sexual abuse, abuse, 3259 neglect, exploitation, and abandonment, as defined in ss. 39.01 3260 and 415.102, of residents and clients, minimum standards of 3261 quality and adequacy of client care, incident reporting 3262 requirements, and uniform firesafety standards established by 3263 the State Fire Marshal which are appropriate to the size of the 3264 facility or of the component centers or units of the program. 3265 (9) The agency may conduct unannounced inspections to 3266 determine compliance by foster care facilities, group home 3267 facilities, residential habilitation centers, and comprehensive 3268 transitional education programs with the applicable provisions 3269 of this chapter and the rules adopted pursuant hereto, including 3270 the rules adopted for training staff of a facility or a program 3271 to detect, report, and prevent sexual abuse, abuse, neglect, 3272 exploitation, and abandonment, as defined in ss. 39.01 and 3273 415.102, of residents and clients. The facility or program shall 3274 make copies of inspection reports available to the public upon 3275 request. 3276 Section 64. For the purpose of incorporating the amendment 3277 made by this act to section 39.01, Florida Statutes, in a 3278 reference thereto, paragraph (p) of subsection (4) of section 3279 394.495, Florida Statutes, is reenacted to read: 3280 394.495 Child and adolescent mental health system of care; 3281 programs and services.— 3282 (4) The array of services may include, but is not limited 3283 to: 3284 (p) Trauma-informed services for children who have suffered 3285 sexual exploitation as defined in s. 39.01(69)(g). 3286 Section 65. For the purpose of incorporating the amendment 3287 made by this act to section 39.01, Florida Statutes, in 3288 references thereto, paragraph (c) of subsection (1) and 3289 paragraphs (a) and (b) of subsection (6) of section 409.1678, 3290 Florida Statutes, are reenacted to read: 3291 409.1678 Specialized residential options for children who 3292 are victims of sexual exploitation.— 3293 (1) DEFINITIONS.—As used in this section, the term: 3294 (c) “Sexually exploited child” means a child who has 3295 suffered sexual exploitation as defined in s. 39.01(69)(g) and 3296 is ineligible for relief and benefits under the federal 3297 Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq. 3298 (6) LOCATION INFORMATION.— 3299 (a) Information about the location of a safe house, safe 3300 foster home, or other residential facility serving victims of 3301 sexual exploitation, as defined in s. 39.01(69)(g), which is 3302 held by an agency, as defined in s. 119.011, is confidential and 3303 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 3304 Constitution. This exemption applies to such confidential and 3305 exempt information held by an agency before, on, or after the 3306 effective date of the exemption. 3307 (b) Information about the location of a safe house, safe 3308 foster home, or other residential facility serving victims of 3309 sexual exploitation, as defined in s. 39.01(69)(g), may be 3310 provided to an agency, as defined in s. 119.011, as necessary to 3311 maintain health and safety standards and to address emergency 3312 situations in the safe house, safe foster home, or other 3313 residential facility. 3314 Section 66. For the purpose of incorporating the amendment 3315 made by this act to section 39.01, Florida Statutes, in a 3316 reference thereto, subsection (5) of section 960.065, Florida 3317 Statutes, is reenacted to read: 3318 960.065 Eligibility for awards.— 3319 (5) A person is not ineligible for an award pursuant to 3320 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 3321 person is a victim of sexual exploitation of a child as defined 3322 in s. 39.01(69)(g). 3323 Section 67. For the purpose of incorporating the amendment 3324 made by this act to section 39.01, Florida Statutes, in a 3325 reference thereto, subsection (2) of section 984.03, Florida 3326 Statutes, is reenacted to read: 3327 984.03 Definitions.—When used in this chapter, the term: 3328 (2) “Abuse” means any willful act that results in any 3329 physical, mental, or sexual injury that causes or is likely to 3330 cause the child’s physical, mental, or emotional health to be 3331 significantly impaired. Corporal discipline of a child by a 3332 parent or guardian for disciplinary purposes does not in itself 3333 constitute abuse when it does not result in harm to the child as 3334 defined in s. 39.01. 3335 Section 68. For the purpose of incorporating the amendment 3336 made by this act to section 775.21, Florida Statutes, in a 3337 reference thereto, paragraph (b) of subsection (6) of section 3338 39.509, Florida Statutes, is reenacted to read: 3339 39.509 Grandparents rights.—Notwithstanding any other 3340 provision of law, a maternal or paternal grandparent as well as 3341 a stepgrandparent is entitled to reasonable visitation with his 3342 or her grandchild who has been adjudicated a dependent child and 3343 taken from the physical custody of the parent unless the court 3344 finds that such visitation is not in the best interest of the 3345 child or that such visitation would interfere with the goals of 3346 the case plan. Reasonable visitation may be unsupervised and, 3347 where appropriate and feasible, may be frequent and continuing. 3348 Any order for visitation or other contact must conform to the 3349 provisions of s. 39.0139. 3350 (6) In determining whether grandparental visitation is not 3351 in the child’s best interest, consideration may be given to the 3352 following: 3353 (b) The designation by a court as a sexual predator as 3354 defined in s. 775.21 or a substantially similar designation 3355 under laws of another jurisdiction. 3356 Section 69. For the purpose of incorporating the amendment 3357 made by this act to section 775.21, Florida Statutes, in 3358 references thereto, paragraphs (d) and (n) of subsection (1) of 3359 section 39.806, Florida Statutes, are reenacted to read: 3360 39.806 Grounds for termination of parental rights.— 3361 (1) Grounds for the termination of parental rights may be 3362 established under any of the following circumstances: 3363 (d) When the parent of a child is incarcerated and either: 3364 1. The period of time for which the parent is expected to 3365 be incarcerated will constitute a significant portion of the 3366 child’s minority. When determining whether the period of time is 3367 significant, the court shall consider the child’s age and the 3368 child’s need for a permanent and stable home. The period of time 3369 begins on the date that the parent enters into incarceration; 3370 2. The incarcerated parent has been determined by the court 3371 to be a violent career criminal as defined in s. 775.084, a 3372 habitual violent felony offender as defined in s. 775.084, or a 3373 sexual predator as defined in s. 775.21; has been convicted of 3374 first degree or second degree murder in violation of s. 782.04 3375 or a sexual battery that constitutes a capital, life, or first 3376 degree felony violation of s. 794.011; or has been convicted of 3377 an offense in another jurisdiction which is substantially 3378 similar to one of the offenses listed in this paragraph. As used 3379 in this section, the term “substantially similar offense” means 3380 any offense that is substantially similar in elements and 3381 penalties to one of those listed in this subparagraph, and that 3382 is in violation of a law of any other jurisdiction, whether that 3383 of another state, the District of Columbia, the United States or 3384 any possession or territory thereof, or any foreign 3385 jurisdiction; or 3386 3. The court determines by clear and convincing evidence 3387 that continuing the parental relationship with the incarcerated 3388 parent would be harmful to the child and, for this reason, that 3389 termination of the parental rights of the incarcerated parent is 3390 in the best interest of the child. When determining harm, the 3391 court shall consider the following factors: 3392 a. The age of the child. 3393 b. The relationship between the child and the parent. 3394 c. The nature of the parent’s current and past provision 3395 for the child’s developmental, cognitive, psychological, and 3396 physical needs. 3397 d. The parent’s history of criminal behavior, which may 3398 include the frequency of incarceration and the unavailability of 3399 the parent to the child due to incarceration. 3400 e. Any other factor the court deems relevant. 3401 (n) The parent is convicted of an offense that requires the 3402 parent to register as a sexual predator under s. 775.21. 3403 Section 70. For the purpose of incorporating the amendment 3404 made by this act to section 775.21, Florida Statutes, in a 3405 reference thereto, paragraph (b) of subsection (4) of section 3406 63.089, Florida Statutes, is reenacted to read: 3407 63.089 Proceeding to terminate parental rights pending 3408 adoption; hearing; grounds; dismissal of petition; judgment.— 3409 (4) FINDING OF ABANDONMENT.—A finding of abandonment 3410 resulting in a termination of parental rights must be based upon 3411 clear and convincing evidence that a parent or person having 3412 legal custody has abandoned the child in accordance with the 3413 definition contained in s. 63.032. A finding of abandonment may 3414 also be based upon emotional abuse or a refusal to provide 3415 reasonable financial support, when able, to a birth mother 3416 during her pregnancy or on whether the person alleged to have 3417 abandoned the child, while being able, failed to establish 3418 contact with the child or accept responsibility for the child’s 3419 welfare. 3420 (b) The child has been abandoned when the parent of a child 3421 is incarcerated on or after October 1, 2001, in a federal, 3422 state, or county correctional institution and: 3423 1. The period of time for which the parent has been or is 3424 expected to be incarcerated will constitute a significant 3425 portion of the child’s minority. In determining whether the 3426 period of time is significant, the court shall consider the 3427 child’s age and the child’s need for a permanent and stable 3428 home. The period of time begins on the date that the parent 3429 enters into incarceration; 3430 2. The incarcerated parent has been determined by a court 3431 of competent jurisdiction to be a violent career criminal as 3432 defined in s. 775.084, a habitual violent felony offender as 3433 defined in s. 775.084, convicted of child abuse as defined in s. 3434 827.03, or a sexual predator as defined in s. 775.21; has been 3435 convicted of first degree or second degree murder in violation 3436 of s. 782.04 or a sexual battery that constitutes a capital, 3437 life, or first degree felony violation of s. 794.011; or has 3438 been convicted of a substantially similar offense in another 3439 jurisdiction. As used in this section, the term “substantially 3440 similar offense” means any offense that is substantially similar 3441 in elements and penalties to one of those listed in this 3442 subparagraph, and that is in violation of a law of any other 3443 jurisdiction, whether that of another state, the District of 3444 Columbia, the United States or any possession or territory 3445 thereof, or any foreign jurisdiction; or 3446 3. The court determines by clear and convincing evidence 3447 that continuing the parental relationship with the incarcerated 3448 parent would be harmful to the child and, for this reason, 3449 termination of the parental rights of the incarcerated parent is 3450 in the best interests of the child. 3451 Section 71. For the purpose of incorporating the amendment 3452 made by this act to section 775.21, Florida Statutes, in a 3453 reference thereto, subsection (3) of section 63.092, Florida 3454 Statutes, is reenacted to read: 3455 63.092 Report to the court of intended placement by an 3456 adoption entity; at-risk placement; preliminary study.— 3457 (3) PRELIMINARY HOME STUDY.—Before placing the minor in the 3458 intended adoptive home, a preliminary home study must be 3459 performed by a licensed child-placing agency, a child-caring 3460 agency registered under s. 409.176, a licensed professional, or 3461 an agency described in s. 61.20(2), unless the adoptee is an 3462 adult or the petitioner is a stepparent or a relative. If the 3463 adoptee is an adult or the petitioner is a stepparent or a 3464 relative, a preliminary home study may be required by the court 3465 for good cause shown. The department is required to perform the 3466 preliminary home study only if there is no licensed child 3467 placing agency, child-caring agency registered under s. 409.176, 3468 licensed professional, or agency described in s. 61.20(2), in 3469 the county where the prospective adoptive parents reside. The 3470 preliminary home study must be made to determine the suitability 3471 of the intended adoptive parents and may be completed prior to 3472 identification of a prospective adoptive minor. A favorable 3473 preliminary home study is valid for 1 year after the date of its 3474 completion. Upon its completion, a signed copy of the home study 3475 must be provided to the intended adoptive parents who were the 3476 subject of the home study. A minor may not be placed in an 3477 intended adoptive home before a favorable preliminary home study 3478 is completed unless the adoptive home is also a licensed foster 3479 home under s. 409.175. The preliminary home study must include, 3480 at a minimum: 3481 (a) An interview with the intended adoptive parents; 3482 (b) Records checks of the department’s central abuse 3483 registry and criminal records correspondence checks under s. 3484 39.0138 through the Department of Law Enforcement on the 3485 intended adoptive parents; 3486 (c) An assessment of the physical environment of the home; 3487 (d) A determination of the financial security of the 3488 intended adoptive parents; 3489 (e) Documentation of counseling and education of the 3490 intended adoptive parents on adoptive parenting; 3491 (f) Documentation that information on adoption and the 3492 adoption process has been provided to the intended adoptive 3493 parents; 3494 (g) Documentation that information on support services 3495 available in the community has been provided to the intended 3496 adoptive parents; and 3497 (h) A copy of each signed acknowledgment of receipt of 3498 disclosure required by s. 63.085. 3499 3500 If the preliminary home study is favorable, a minor may be 3501 placed in the home pending entry of the judgment of adoption. A 3502 minor may not be placed in the home if the preliminary home 3503 study is unfavorable. If the preliminary home study is 3504 unfavorable, the adoption entity may, within 20 days after 3505 receipt of a copy of the written recommendation, petition the 3506 court to determine the suitability of the intended adoptive 3507 home. A determination as to suitability under this subsection 3508 does not act as a presumption of suitability at the final 3509 hearing. In determining the suitability of the intended adoptive 3510 home, the court must consider the totality of the circumstances 3511 in the home. A minor may not be placed in a home in which there 3512 resides any person determined by the court to be a sexual 3513 predator as defined in s. 775.21 or to have been convicted of an 3514 offense listed in s. 63.089(4)(b)2. 3515 Section 72. For the purpose of incorporating the amendment 3516 made by this act to section 775.21, Florida Statutes, in a 3517 reference thereto, subsection (1) of section 794.075, Florida 3518 Statutes, is reenacted to read: 3519 794.075 Sexual predators; erectile dysfunction drugs.— 3520 (1) A person may not possess a prescription drug, as 3521 defined in s. 499.003(43), for the purpose of treating erectile 3522 dysfunction if the person is designated as a sexual predator 3523 under s. 775.21. 3524 Section 73. For the purpose of incorporating the amendment 3525 made by this act to section 775.21, Florida Statutes, in a 3526 reference thereto, paragraph (o) of subsection (5) of section 3527 921.141, Florida Statutes, is reenacted to read: 3528 921.141 Sentence of death or life imprisonment for capital 3529 felonies; further proceedings to determine sentence.— 3530 (5) AGGRAVATING CIRCUMSTANCES.—Aggravating circumstances 3531 shall be limited to the following: 3532 (o) The capital felony was committed by a person designated 3533 as a sexual predator pursuant to s. 775.21 or a person 3534 previously designated as a sexual predator who had the sexual 3535 predator designation removed. 3536 Section 74. For the purpose of incorporating the amendment 3537 made by this act to section 775.21, Florida Statutes, in 3538 references thereto, subsection (5) of section 943.0435, Florida 3539 Statutes, is reenacted to read: 3540 943.0435 Sexual offenders required to register with the 3541 department; penalty.— 3542 (5) This section does not apply to a sexual offender who is 3543 also a sexual predator, as defined in s. 775.21. A sexual 3544 predator must register as required under s. 775.21. 3545 Section 75. For the purpose of incorporating the amendment 3546 made by this act to section 775.21, Florida Statutes, in 3547 references thereto, subsection (4) of section 944.609, Florida 3548 Statutes, is reenacted to read: 3549 944.609 Career offenders; notification upon release.— 3550 (4) The department or any law enforcement agency may notify 3551 the community and the public of a career offender’s presence in 3552 the community. However, with respect to a career offender who 3553 has been found to be a sexual predator under s. 775.21, the 3554 Department of Law Enforcement or any other law enforcement 3555 agency must inform the community and the public of the career 3556 offender’s presence in the community, as provided in s. 775.21. 3557 Section 76. For the purpose of incorporating the amendment 3558 made by this act to section 775.21, Florida Statutes, in a 3559 reference thereto, subsection (2) of section 947.1405, Florida 3560 Statutes, is reenacted to read: 3561 947.1405 Conditional release program.— 3562 (2) Any inmate who: 3563 (a) Is convicted of a crime committed on or after October 3564 1, 1988, and before January 1, 1994, and any inmate who is 3565 convicted of a crime committed on or after January 1, 1994, 3566 which crime is or was contained in category 1, category 2, 3567 category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida 3568 Rules of Criminal Procedure (1993), and who has served at least 3569 one prior felony commitment at a state or federal correctional 3570 institution; 3571 (b) Is sentenced as a habitual or violent habitual offender 3572 or a violent career criminal pursuant to s. 775.084; or 3573 (c) Is found to be a sexual predator under s. 775.21 or 3574 former s. 775.23, 3575 3576 shall, upon reaching the tentative release date or provisional 3577 release date, whichever is earlier, as established by the 3578 Department of Corrections, be released under supervision subject 3579 to specified terms and conditions, including payment of the cost 3580 of supervision pursuant to s. 948.09. Such supervision shall be 3581 applicable to all sentences within the overall term of sentences 3582 if an inmate’s overall term of sentences includes one or more 3583 sentences that are eligible for conditional release supervision 3584 as provided herein. Effective July 1, 1994, and applicable for 3585 offenses committed on or after that date, the commission may 3586 require, as a condition of conditional release, that the 3587 releasee make payment of the debt due and owing to a county or 3588 municipal detention facility under s. 951.032 for medical care, 3589 treatment, hospitalization, or transportation received by the 3590 releasee while in that detention facility. The commission, in 3591 determining whether to order such repayment and the amount of 3592 such repayment, shall consider the amount of the debt, whether 3593 there was any fault of the institution for the medical expenses 3594 incurred, the financial resources of the releasee, the present 3595 and potential future financial needs and earning ability of the 3596 releasee, and dependents, and other appropriate factors. If any 3597 inmate placed on conditional release supervision is also subject 3598 to probation or community control, resulting from a probationary 3599 or community control split sentence within the overall term of 3600 sentences, the Department of Corrections shall supervise such 3601 person according to the conditions imposed by the court and the 3602 commission shall defer to such supervision. If the court revokes 3603 probation or community control and resentences the offender to a 3604 term of incarceration, such revocation also constitutes a 3605 sufficient basis for the revocation of the conditional release 3606 supervision on any nonprobationary or noncommunity control 3607 sentence without further hearing by the commission. If any such 3608 supervision on any nonprobationary or noncommunity control 3609 sentence is revoked, such revocation may result in a forfeiture 3610 of all gain-time, and the commission may revoke the resulting 3611 deferred conditional release supervision or take other action it 3612 considers appropriate. If the term of conditional release 3613 supervision exceeds that of the probation or community control, 3614 then, upon expiration of the probation or community control, 3615 authority for the supervision shall revert to the commission and 3616 the supervision shall be subject to the conditions imposed by 3617 the commission. A panel of no fewer than two commissioners shall 3618 establish the terms and conditions of any such release. If the 3619 offense was a controlled substance violation, the conditions 3620 shall include a requirement that the offender submit to random 3621 substance abuse testing intermittently throughout the term of 3622 conditional release supervision, upon the direction of the 3623 correctional probation officer as defined in s. 943.10(3). The 3624 commission shall also determine whether the terms and conditions 3625 of such release have been violated and whether such violation 3626 warrants revocation of the conditional release. 3627 Section 77. For the purpose of incorporating the amendment 3628 made by this act to section 775.21, Florida Statutes, in 3629 references thereto, paragraphs (b) and (d) of subsection (8) of 3630 section 948.06, Florida Statutes, are reenacted to read: 3631 948.06 Violation of probation or community control; 3632 revocation; modification; continuance; failure to pay 3633 restitution or cost of supervision.— 3634 (8) 3635 (b) For purposes of this section and ss. 903.0351, 948.064, 3636 and 921.0024, the term “violent felony offender of special 3637 concern” means a person who is on: 3638 1. Felony probation or community control related to the 3639 commission of a qualifying offense committed on or after the 3640 effective date of this act; 3641 2. Felony probation or community control for any offense 3642 committed on or after the effective date of this act, and has 3643 previously been convicted of a qualifying offense; 3644 3. Felony probation or community control for any offense 3645 committed on or after the effective date of this act, and is 3646 found to have violated that probation or community control by 3647 committing a qualifying offense; 3648 4. Felony probation or community control and has previously 3649 been found by a court to be a habitual violent felony offender 3650 as defined in s. 775.084(1)(b) and has committed a qualifying 3651 offense on or after the effective date of this act; 3652 5. Felony probation or community control and has previously 3653 been found by a court to be a three-time violent felony offender 3654 as defined in s. 775.084(1)(c) and has committed a qualifying 3655 offense on or after the effective date of this act; or 3656 6. Felony probation or community control and has previously 3657 been found by a court to be a sexual predator under s. 775.21 3658 and has committed a qualifying offense on or after the effective 3659 date of this act. 3660 (d) In the case of an alleged violation of probation or 3661 community control other than a failure to pay costs, fines, or 3662 restitution, the following individuals shall remain in custody 3663 pending the resolution of the probation or community control 3664 violation: 3665 1. A violent felony offender of special concern, as defined 3666 in this section; 3667 2. A person who is on felony probation or community control 3668 for any offense committed on or after the effective date of this 3669 act and who is arrested for a qualifying offense as defined in 3670 this section; or 3671 3. A person who is on felony probation or community control 3672 and has previously been found by a court to be a habitual 3673 violent felony offender as defined in s. 775.084(1)(b), a three 3674 time violent felony offender as defined in s. 775.084(1)(c), or 3675 a sexual predator under s. 775.21, and who is arrested for 3676 committing a qualifying offense as defined in this section on or 3677 after the effective date of this act. 3678 3679 The court shall not dismiss the probation or community control 3680 violation warrant pending against an offender enumerated in this 3681 paragraph without holding a recorded violation-of-probation 3682 hearing at which both the state and the offender are 3683 represented. 3684 Section 78. For the purpose of incorporating the amendment 3685 made by this act to section 775.21, Florida Statutes, in a 3686 reference thereto, subsection (4) of section 948.064, Florida 3687 Statutes, is reenacted to read: 3688 948.064 Notification of status as a violent felony offender 3689 of special concern.— 3690 (4) The state attorney, or the statewide prosecutor if 3691 applicable, shall advise the court at each critical stage in the 3692 judicial process, at which the state attorney or statewide 3693 prosecutor is represented, whether an alleged or convicted 3694 offender is a violent felony offender of special concern; a 3695 person who is on felony probation or community control for any 3696 offense committed on or after the effective date of this act and 3697 who is arrested for a qualifying offense; or a person who is on 3698 felony probation or community control and has previously been 3699 found by a court to be a habitual violent felony offender as 3700 defined in s. 775.084(1)(b), a three-time violent felony 3701 offender as defined in s. 775.084(1)(c), or a sexual predator 3702 under s. 775.21, and who is arrested for committing a qualifying 3703 offense on or after the effective date of this act. 3704 Section 79. For the purpose of incorporating the amendment 3705 made by this act to section 775.21, Florida Statutes, in a 3706 reference thereto, section 948.12, Florida Statutes, is 3707 reenacted to read: 3708 948.12 Intensive supervision for postprison release of 3709 violent offenders.—It is the finding of the Legislature that the 3710 population of violent offenders released from state prison into 3711 the community poses the greatest threat to the public safety of 3712 the groups of offenders under community supervision. Therefore, 3713 for the purpose of enhanced public safety, any offender released 3714 from state prison who: 3715 (1) Was most recently incarcerated for an offense that is 3716 or was contained in category 1 (murder, manslaughter), category 3717 2 (sexual offenses), category 3 (robbery), or category 4 3718 (violent personal crimes) of Rules 3.701 and 3.988, Florida 3719 Rules of Criminal Procedure (1993), and who has served at least 3720 one prior felony commitment at a state or federal correctional 3721 institution; 3722 (2) Was sentenced as a habitual offender, violent habitual 3723 offender, or violent career criminal pursuant to s. 775.084; or 3724 (3) Has been found to be a sexual predator pursuant to s. 3725 775.21, 3726 3727 and who has a term of probation to follow the period of 3728 incarceration shall be provided intensive supervision by 3729 experienced correctional probation officers. Subject to specific 3730 appropriation by the Legislature, caseloads may be restricted to 3731 a maximum of 40 offenders per officer to provide for enhanced 3732 public safety as well as to effectively monitor conditions of 3733 electronic monitoring or curfews, if such was ordered by the 3734 court. 3735 Section 80. For the purpose of incorporating the amendment 3736 made by this act to section 784.046, Florida Statutes, in a 3737 reference thereto, paragraph (e) of subsection (1) of section 3738 741.313, Florida Statutes, is reenacted to read: 3739 741.313 Unlawful action against employees seeking 3740 protection.— 3741 (1) As used in this section, the term: 3742 (e) “Sexual violence” means sexual violence, as defined in 3743 s. 784.046, or any crime the underlying factual basis of which 3744 has been found by a court to include an act of sexual violence. 3745 Section 81. For the purpose of incorporating the amendment 3746 made by this act to section 794.0115, Florida Statutes, in 3747 references thereto, subsection (3), paragraphs (a), (b), (c), 3748 and (d) of subsection (4), and subsection (5) of section 3749 794.011, Florida Statutes, are reenacted to read: 3750 794.011 Sexual battery.— 3751 (3) A person who commits sexual battery upon a person 12 3752 years of age or older, without that person’s consent, and in the 3753 process thereof uses or threatens to use a deadly weapon or uses 3754 actual physical force likely to cause serious personal injury 3755 commits a life felony, punishable as provided in s. 775.082, s. 3756 775.083, s. 775.084, or s. 794.0115. 3757 (4)(a) A person 18 years of age or older who commits sexual 3758 battery upon a person 12 years of age or older but younger than 3759 18 years of age without that person’s consent, under any of the 3760 circumstances listed in paragraph (e), commits a felony of the 3761 first degree, punishable by a term of years not exceeding life 3762 or as provided in s. 775.082, s. 775.083, s. 775.084, or s. 3763 794.0115. 3764 (b) A person 18 years of age or older who commits sexual 3765 battery upon a person 18 years of age or older without that 3766 person’s consent, under any of the circumstances listed in 3767 paragraph (e), commits a felony of the first degree, punishable 3768 as provided in s. 775.082, s. 775.083, s. 775.084, or s. 3769 794.0115. 3770 (c) A person younger than 18 years of age who commits 3771 sexual battery upon a person 12 years of age or older without 3772 that person’s consent, under any of the circumstances listed in 3773 paragraph (e), commits a felony of the first degree, punishable 3774 as provided in s. 775.082, s. 775.083, s. 775.084, or s. 3775 794.0115. 3776 (d) A person commits a felony of the first degree, 3777 punishable by a term of years not exceeding life or as provided 3778 in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the 3779 person commits sexual battery upon a person 12 years of age or 3780 older without that person’s consent, under any of the 3781 circumstances listed in paragraph (e), and such person was 3782 previously convicted of a violation of: 3783 1. Section 787.01(2) or s. 787.02(2) when the violation 3784 involved a victim who was a minor and, in the course of 3785 committing that violation, the defendant committed against the 3786 minor a sexual battery under this chapter or a lewd act under s. 3787 800.04 or s. 847.0135(5); 3788 2. Section 787.01(3)(a)2. or 3.; 3789 3. Section 787.02(3)(a)2. or 3.; 3790 4. Section 800.04; 3791 5. Section 825.1025; 3792 6. Section 847.0135(5); or 3793 7. This chapter, excluding subsection (10) of this section. 3794 (5)(a) A person 18 years of age or older who commits sexual 3795 battery upon a person 12 years of age or older but younger than 3796 18 years of age, without that person’s consent, and in the 3797 process does not use physical force and violence likely to cause 3798 serious personal injury commits a felony of the first degree, 3799 punishable as provided in s. 775.082, s. 775.083, s. 775.084, or 3800 s. 794.0115. 3801 (b) A person 18 years of age or older who commits sexual 3802 battery upon a person 18 years of age or older, without that 3803 person’s consent, and in the process does not use physical force 3804 and violence likely to cause serious personal injury commits a 3805 felony of the second degree, punishable as provided in s. 3806 775.082, s. 775.083, s. 775.084, or s. 794.0115. 3807 (c) A person younger than 18 years of age who commits 3808 sexual battery upon a person 12 years of age or older, without 3809 that person’s consent, and in the process does not use physical 3810 force and violence likely to cause serious personal injury 3811 commits a felony of the second degree, punishable as provided in 3812 s. 775.082, s. 775.083, s. 775.084, or s. 794.0115. 3813 (d) A person commits a felony of the first degree, 3814 punishable as provided in s. 775.082, s. 775.083, s. 775.084, or 3815 s. 794.0115 if the person commits sexual battery upon a person 3816 12 years of age or older, without that person’s consent, and in 3817 the process does not use physical force and violence likely to 3818 cause serious personal injury and the person was previously 3819 convicted of a violation of: 3820 1. Section 787.01(2) or s. 787.02(2) when the violation 3821 involved a victim who was a minor and, in the course of 3822 committing that violation, the defendant committed against the 3823 minor a sexual battery under this chapter or a lewd act under s. 3824 800.04 or s. 847.0135(5); 3825 2. Section 787.01(3)(a)2. or 3.; 3826 3. Section 787.02(3)(a)2. or 3.; 3827 4. Section 800.04; 3828 5. Section 825.1025; 3829 6. Section 847.0135(5); or 3830 7. This chapter, excluding subsection (10) of this section. 3831 Section 82. For the purpose of incorporating the amendment 3832 made by this act to section 847.001, Florida Statutes, in a 3833 reference thereto, subsection (2) of section 944.11, Florida 3834 Statutes, is reenacted to read: 3835 944.11 Department to regulate admission of books.— 3836 (2) The department shall have the authority to prohibit 3837 admission of reading materials or publications with content 3838 which depicts sexual conduct as defined by s. 847.001 or 3839 presents nudity in such a way as to create the appearance that 3840 sexual conduct is imminent. The department shall have the 3841 authority to prohibit admission of such materials at a 3842 particular state correctional facility upon a determination by 3843 the department that such material or publications would be 3844 detrimental to the safety, security, order or rehabilitative 3845 interests of a particular state correctional facility or would 3846 create a risk of disorder at a particular state correctional 3847 facility. 3848 Section 83. For the purpose of incorporating the amendment 3849 made by this act to section 847.0135, Florida Statutes, in a 3850 reference thereto, paragraph (q) of subsection (5) of section 3851 456.074, Florida Statutes, is reenacted to read: 3852 456.074 Certain health care practitioners; immediate 3853 suspension of license.— 3854 (5) The department shall issue an emergency order 3855 suspending the license of a massage therapist or establishment 3856 as defined in chapter 480 upon receipt of information that the 3857 massage therapist, a person with an ownership interest in the 3858 establishment, or, for a corporation that has more than $250,000 3859 of business assets in this state, the owner, officer, or 3860 individual directly involved in the management of the 3861 establishment has been convicted or found guilty of, or has 3862 entered a plea of guilty or nolo contendere to, regardless of 3863 adjudication, a felony offense under any of the following 3864 provisions of state law or a similar provision in another 3865 jurisdiction: 3866 (q) Section 847.0135, relating to computer pornography. 3867 Section 84. For the purpose of incorporating the amendment 3868 made by this act to section 847.0135, Florida Statutes, in a 3869 reference thereto, paragraph (q) of subsection (7) of section 3870 480.041, Florida Statutes, is reenacted to read: 3871 480.041 Massage therapists; qualifications; licensure; 3872 endorsement.— 3873 (7) The board shall deny an application for a new or 3874 renewal license if an applicant has been convicted or found 3875 guilty of, or enters a plea of guilty or nolo contendere to, 3876 regardless of adjudication, a felony offense under any of the 3877 following provisions of state law or a similar provision in 3878 another jurisdiction: 3879 (q) Section 847.0135, relating to computer pornography. 3880 Section 85. For the purpose of incorporating the amendment 3881 made by this act to section 847.0135, Florida Statutes, in a 3882 reference thereto, paragraph (q) of subsection (8) of section 3883 480.043, Florida Statutes, is reenacted to read: 3884 480.043 Massage establishments; requisites; licensure; 3885 inspection.— 3886 (8) The department shall deny an application for a new or 3887 renewal license if a person with an ownership interest in the 3888 establishment or, for a corporation that has more than $250,000 3889 of business assets in this state, the owner, officer, or 3890 individual directly involved in the management of the 3891 establishment has been convicted or found guilty of, or entered 3892 a plea of guilty or nolo contendere to, regardless of 3893 adjudication, a felony offense under any of the following 3894 provisions of state law or a similar provision in another 3895 jurisdiction: 3896 (q) Section 847.0135, relating to computer pornography. 3897 Section 86. For the purpose of incorporating the amendment 3898 made by this act to section 895.02, Florida Statutes, in a 3899 reference thereto, paragraph (g) of subsection (3) of section 3900 655.50, Florida Statutes, is reenacted to read: 3901 655.50 Florida Control of Money Laundering and Terrorist 3902 Financing in Financial Institutions Act.— 3903 (3) As used in this section, the term: 3904 (g) “Specified unlawful activity” means “racketeering 3905 activity” as defined in s. 895.02. 3906 Section 87. For the purpose of incorporating the amendment 3907 made by this act to section 895.02, Florida Statutes, in a 3908 reference thereto, paragraph (g) of subsection (2) of section 3909 896.101, Florida Statutes, is reenacted to read: 3910 896.101 Florida Money Laundering Act; definitions; 3911 penalties; injunctions; seizure warrants; immunity.— 3912 (2) As used in this section, the term: 3913 (g) “Specified unlawful activity” means any “racketeering 3914 activity” as defined in s. 895.02. 3915 Section 88. For the purpose of incorporating the amendment 3916 made by this act to section 943.0435, Florida Statutes, in a 3917 reference thereto, subsection (2) of section 394.9125, Florida 3918 Statutes, is reenacted to read: 3919 394.9125 State attorney; authority to refer a person for 3920 civil commitment.— 3921 (2) A state attorney may refer a person to the department 3922 for civil commitment proceedings if the person: 3923 (a) Is required to register as a sexual offender pursuant 3924 to s. 943.0435; 3925 (b) Has previously been convicted of a sexually violent 3926 offense as defined in s. 394.912(9)(a)-(h); and 3927 (c) Has been sentenced to a term of imprisonment in a 3928 county or municipal jail for any criminal offense. 3929 Section 89. For the purpose of incorporating the amendment 3930 made by this act to section 943.0435, Florida Statutes, in a 3931 reference thereto, paragraph (g) of subsection (2) of section 3932 1012.467, Florida Statutes, is reenacted to read: 3933 1012.467 Noninstructional contractors who are permitted 3934 access to school grounds when students are present; background 3935 screening requirements.— 3936 (2) 3937 (g) A noninstructional contractor for whom a criminal 3938 history check is required under this section may not have been 3939 convicted of any of the following offenses designated in the 3940 Florida Statutes, any similar offense in another jurisdiction, 3941 or any similar offense committed in this state which has been 3942 redesignated from a former provision of the Florida Statutes to 3943 one of the following offenses: 3944 1. Any offense listed in s. 943.0435(1)(a)1., relating to 3945 the registration of an individual as a sexual offender. 3946 2. Section 393.135, relating to sexual misconduct with 3947 certain developmentally disabled clients and the reporting of 3948 such sexual misconduct. 3949 3. Section 394.4593, relating to sexual misconduct with 3950 certain mental health patients and the reporting of such sexual 3951 misconduct. 3952 4. Section 775.30, relating to terrorism. 3953 5. Section 782.04, relating to murder. 3954 6. Section 787.01, relating to kidnapping. 3955 7. Any offense under chapter 800, relating to lewdness and 3956 indecent exposure. 3957 8. Section 826.04, relating to incest. 3958 9. Section 827.03, relating to child abuse, aggravated 3959 child abuse, or neglect of a child. 3960 Section 90. For the purpose of incorporating the amendment 3961 made by this act to section 943.0435, Florida Statutes, in a 3962 reference thereto, subsection (2) of section 775.0862, Florida 3963 Statutes, is reenacted to read: 3964 775.0862 Sexual offenses against students by authority 3965 figures; reclassification.— 3966 (2) The felony degree of a violation of an offense listed 3967 in s. 943.0435(1)(a)1.a., unless the offense is a violation of 3968 s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified 3969 as provided in this section if the offense is committed by an 3970 authority figure of a school against a student of the school. 3971 Section 91. For the purpose of incorporating the amendment 3972 made by this act to section 947.1405, Florida Statutes, in a 3973 reference thereto, paragraph (j) of subsection (4) of section 3974 775.084, Florida Statutes, is reenacted to read: 3975 775.084 Violent career criminals; habitual felony offenders 3976 and habitual violent felony offenders; three-time violent felony 3977 offenders; definitions; procedure; enhanced penalties or 3978 mandatory minimum prison terms.— 3979 (4) 3980 (j) The provisions of s. 947.1405 shall apply to persons 3981 sentenced as habitual felony offenders and persons sentenced as 3982 habitual violent felony offenders. 3983 Section 92. For the purpose of incorporating the amendment 3984 made by this act to section 947.1405, Florida Statutes, in 3985 references thereto, subsection (1) of section 944.70, Florida 3986 Statutes, is reenacted to read: 3987 944.70 Conditions for release from incarceration.— 3988 (1)(a) A person who is convicted of a crime committed on or 3989 after October 1, 1983, but before January 1, 1994, may be 3990 released from incarceration only: 3991 1. Upon expiration of the person’s sentence; 3992 2. Upon expiration of the person’s sentence as reduced by 3993 accumulated gain-time; 3994 3. As directed by an executive order granting clemency; 3995 4. Upon attaining the provisional release date; 3996 5. Upon placement in a conditional release program pursuant 3997 to s. 947.1405; or 3998 6. Upon the granting of control release pursuant to s. 3999 947.146. 4000 (b) A person who is convicted of a crime committed on or 4001 after January 1, 1994, may be released from incarceration only: 4002 1. Upon expiration of the person’s sentence; 4003 2. Upon expiration of the person’s sentence as reduced by 4004 accumulated meritorious or incentive gain-time; 4005 3. As directed by an executive order granting clemency; 4006 4. Upon placement in a conditional release program pursuant 4007 to s. 947.1405 or a conditional medical release program pursuant 4008 to s. 947.149; or 4009 5. Upon the granting of control release, including 4010 emergency control release, pursuant to s. 947.146. 4011 Section 93. For the purpose of incorporating the amendment 4012 made by this act to section 948.06, Florida Statutes, in a 4013 reference thereto, paragraph (a) of subsection (7) of section 4014 948.08, Florida Statutes, is reenacted to read: 4015 948.08 Pretrial intervention program.— 4016 (7)(a) Notwithstanding any provision of this section, a 4017 person who is charged with a felony, other than a felony listed 4018 in s. 948.06(8)(c), and identified as a veteran, as defined in 4019 s. 1.01, or servicemember, as defined in s. 250.01, who suffers 4020 from a military service-related mental illness, traumatic brain 4021 injury, substance abuse disorder, or psychological problem, is 4022 eligible for voluntary admission into a pretrial veterans’ 4023 treatment intervention program approved by the chief judge of 4024 the circuit, upon motion of either party or the court’s own 4025 motion, except: 4026 1. If a defendant was previously offered admission to a 4027 pretrial veterans’ treatment intervention program at any time 4028 before trial and the defendant rejected that offer on the 4029 record, the court may deny the defendant’s admission to such a 4030 program. 4031 2. If a defendant previously entered a court-ordered 4032 veterans’ treatment program, the court may deny the defendant’s 4033 admission into the pretrial veterans’ treatment program. 4034 Section 94. For the purpose of incorporating the amendment 4035 made by this act to section 960.03, Florida Statutes, in 4036 references thereto, paragraph (b) of subsection (1) and 4037 subsections (2) and (3) of section 847.002, Florida Statutes, 4038 are reenacted to read: 4039 847.002 Child pornography prosecutions.— 4040 (1) Any law enforcement officer who, pursuant to a criminal 4041 investigation, recovers images or movies of child pornography 4042 shall: 4043 (b) Request the law enforcement agency contact information 4044 from the Child Victim Identification Program for any images or 4045 movies recovered which contain an identified victim of child 4046 pornography as defined in s. 960.03. 4047 (2) Any law enforcement officer submitting a case for 4048 prosecution which involves the production, promotion, or 4049 possession of child pornography shall submit to the designated 4050 prosecutor the law enforcement agency contact information 4051 provided by the Child Victim Identification Program at the 4052 National Center for Missing and Exploited Children, for any 4053 images or movies involved in the case which contain the 4054 depiction of an identified victim of child pornography as 4055 defined in s. 960.03. 4056 (3) In every filed case involving an identified victim of 4057 child pornography, as defined in s. 960.03, the prosecuting 4058 agency shall enter the following information into the Victims in 4059 Child Pornography Tracking Repeat Exploitation database 4060 maintained by the Office of the Attorney General: 4061 (a) The case number and agency file number. 4062 (b) The named defendant. 4063 (c) The circuit court division and county. 4064 (d) Current court dates and the status of the case. 4065 (e) Contact information for the prosecutor assigned. 4066 (f) Verification that the prosecutor is or is not in 4067 possession of a victim impact statement and will use the 4068 statement in sentencing. 4069 Section 95. For the purpose of incorporating the amendment 4070 made by this act to section 985.475, Florida Statutes, in a 4071 reference thereto, paragraph (c) of subsection (5) of section 4072 985.0301, Florida Statutes, is reenacted to read: 4073 985.0301 Jurisdiction.— 4074 (5) 4075 (c) The court shall retain jurisdiction over a juvenile 4076 sexual offender, as defined in s. 985.475, who has been placed 4077 on community-based treatment alternative with supervision or who 4078 has been placed in a program or facility for juvenile sexual 4079 offenders, pursuant to s. 985.48, until the juvenile sexual 4080 offender reaches 21 years of age, specifically for the purpose 4081 of allowing the juvenile to complete the program. 4082 Section 96. For the purpose of incorporating the amendment 4083 made by this act to section 985.475, Florida Statutes, in a 4084 reference thereto, paragraph (c) of subsection (1) of section 4085 985.441, Florida Statutes, is reenacted to read: 4086 985.441 Commitment.— 4087 (1) The court that has jurisdiction of an adjudicated 4088 delinquent child may, by an order stating the facts upon which a 4089 determination of a sanction and rehabilitative program was made 4090 at the disposition hearing: 4091 (c) Commit the child to the department for placement in a 4092 program or facility for juvenile sexual offenders in accordance 4093 with s. 985.48, subject to specific appropriation for such a 4094 program or facility. 4095 1. The child may only be committed for such placement 4096 pursuant to determination that the child is a juvenile sexual 4097 offender under the criteria specified in s. 985.475. 4098 2. Any commitment of a juvenile sexual offender to a 4099 program or facility for juvenile sexual offenders must be for an 4100 indeterminate period of time, but the time may not exceed the 4101 maximum term of imprisonment that an adult may serve for the 4102 same offense. 4103 Section 97. For the purpose of incorporating the amendments 4104 made by this act to sections 947.0435 and 947.04354, Florida 4105 Statutes, in references thereto, subsection (12) of section 4106 947.1405, Florida Statutes, is reenacted to read: 4107 947.1405 Conditional release program.— 4108 (12) In addition to all other conditions imposed, for a 4109 releasee who is subject to conditional release for a crime that 4110 was committed on or after May 26, 2010, and who has been 4111 convicted at any time of committing, or attempting, soliciting, 4112 or conspiring to commit, any of the criminal offenses listed in 4113 s. 943.0435(1)(a)1.a.(I), or a similar offense in another 4114 jurisdiction against a victim who was under 18 years of age at 4115 the time of the offense, if the releasee has not received a 4116 pardon for any felony or similar law of another jurisdiction 4117 necessary for the operation of this subsection, if a conviction 4118 of a felony or similar law of another jurisdiction necessary for 4119 the operation of this subsection has not been set aside in any 4120 postconviction proceeding, or if the releasee has not been 4121 removed from the requirement to register as a sexual offender or 4122 sexual predator pursuant to s. 943.04354, the commission must 4123 impose the following conditions: 4124 (a) A prohibition on visiting schools, child care 4125 facilities, parks, and playgrounds without prior approval from 4126 the releasee’s supervising officer. The commission may also 4127 designate additional prohibited locations to protect a victim. 4128 The prohibition ordered under this paragraph does not prohibit 4129 the releasee from visiting a school, child care facility, park, 4130 or playground for the sole purpose of attending a religious 4131 service as defined in s. 775.0861 or picking up or dropping off 4132 the releasee’s child or grandchild at a child care facility or 4133 school. 4134 (b) A prohibition on distributing candy or other items to 4135 children on Halloween; wearing a Santa Claus costume, or other 4136 costume to appeal to children, on or preceding Christmas; 4137 wearing an Easter Bunny costume, or other costume to appeal to 4138 children, on or preceding Easter; entertaining at children’s 4139 parties; or wearing a clown costume without prior approval from 4140 the commission. 4141 Section 98. For the purpose of incorporating the amendments 4142 made by this act to sections 775.21 and 943.0435, Florida 4143 Statutes, in references thereto, paragraph (i) of subsection (3) 4144 and subsection (6) of section 68.07, Florida Statutes, are 4145 reenacted to read: 4146 68.07 Change of name.— 4147 (3) Each petition shall be verified and show: 4148 (i) Whether the petitioner has ever been required to 4149 register as a sexual predator under s. 775.21 or as a sexual 4150 offender under s. 943.0435. 4151 (6) The clerk of the court must, within 5 business days 4152 after the filing of the final judgment, send a report of the 4153 judgment to the Department of Law Enforcement on a form to be 4154 furnished by that department. If the petitioner is required to 4155 register as a sexual predator or a sexual offender pursuant to 4156 s. 775.21 or s. 943.0435, the clerk of court shall 4157 electronically notify the Department of Law Enforcement of the 4158 name change, in a manner prescribed by that department, within 2 4159 business days after the filing of the final judgment. The 4160 Department of Law Enforcement must send a copy of the report to 4161 the Department of Highway Safety and Motor Vehicles, which may 4162 be delivered by electronic transmission. The report must contain 4163 sufficient information to identify the petitioner, including the 4164 results of the criminal history records check if applicable, the 4165 new name of the petitioner, and the file number of the judgment. 4166 The Department of Highway Safety and Motor Vehicles shall 4167 monitor the records of any sexual predator or sexual offender 4168 whose name has been provided to it by the Department of Law 4169 Enforcement. If the sexual predator or sexual offender does not 4170 obtain a replacement driver license or identification card 4171 within the required time as specified in s. 775.21 or s. 4172 943.0435, the Department of Highway Safety and Motor Vehicles 4173 shall notify the Department of Law Enforcement. The Department 4174 of Law Enforcement shall notify applicable law enforcement 4175 agencies of the predator’s or offender’s failure to comply with 4176 registration requirements. Any information retained by the 4177 Department of Law Enforcement and the Department of Highway 4178 Safety and Motor Vehicles may be revised or supplemented by said 4179 departments to reflect changes made by the final judgment. With 4180 respect to a person convicted of a felony in another state or of 4181 a federal offense, the Department of Law Enforcement must send 4182 the report to the respective state’s office of law enforcement 4183 records or to the office of the Federal Bureau of Investigation. 4184 The Department of Law Enforcement may forward the report to any 4185 other law enforcement agency it believes may retain information 4186 related to the petitioner. 4187 Section 99. For the purpose of incorporating the amendments 4188 made by this act to sections 775.21 and 943.0435, Florida 4189 Statutes, in references thereto, paragraph (b) of subsection (1) 4190 of section 92.55, Florida Statutes, is reenacted to read: 4191 92.55 Judicial or other proceedings involving victim or 4192 witness under the age of 16, a person who has an intellectual 4193 disability, or a sexual offense victim or witness; special 4194 protections; use of registered service or therapy animals.— 4195 (1) For purposes of this section, the term: 4196 (b) “Sexual offense” means any offense specified in s. 4197 775.21(4)(a)1. or s. 943.0435(1)(a)1.a.(I). 4198 Section 100. For the purpose of incorporating the amendment 4199 made by this act to sections 775.21 and 943.0435, Florida 4200 Statutes, in references thereto, subsection (2) of section 4201 322.19, Florida Statutes, is reenacted to read: 4202 322.19 Change of address or name.— 4203 (2) Whenever any person, after applying for or receiving a 4204 driver license, changes the legal residence or mailing address 4205 in the application or license, the person must, within 10 4206 calendar days after making the change, obtain a replacement 4207 license that reflects the change. A written request to the 4208 department must include the old and new addresses and the driver 4209 license number. Any person who has a valid, current student 4210 identification card issued by an educational institution in this 4211 state is presumed not to have changed his or her legal residence 4212 or mailing address. This subsection does not affect any person 4213 required to register a permanent or temporary address change 4214 pursuant to s. 775.13, s. 775.21, s. 775.25, or s. 943.0435. 4215 Section 101. For the purpose of incorporating the 4216 amendments made by this act to sections 775.21, 943.0435, and 4217 944.607, Florida Statutes, in references thereto, subsection (3) 4218 of section 322.141, Florida Statutes, is reenacted to read: 4219 322.141 Color or markings of certain licenses or 4220 identification cards.— 4221 (3) All licenses for the operation of motor vehicles or 4222 identification cards originally issued or reissued by the 4223 department to persons who are designated as sexual predators 4224 under s. 775.21 or subject to registration as sexual offenders 4225 under s. 943.0435 or s. 944.607, or who have a similar 4226 designation or are subject to a similar registration under the 4227 laws of another jurisdiction, shall have on the front of the 4228 license or identification card the following: 4229 (a) For a person designated as a sexual predator under s. 4230 775.21 or who has a similar designation under the laws of 4231 another jurisdiction, the marking “SEXUAL PREDATOR.” 4232 (b) For a person subject to registration as a sexual 4233 offender under s. 943.0435 or s. 944.607, or subject to a 4234 similar registration under the laws of another jurisdiction, the 4235 marking “943.0435, F.S.” 4236 Section 102. For the purpose of incorporating the 4237 amendments made by this act to sections 775.21, 943.0435, and 4238 943.04354, Florida Statutes, in references thereto, subsection 4239 (2) of section 397.4872, Florida Statutes, are reenacted to 4240 read: 4241 397.4872 Exemption from disqualification; publication.— 4242 (2) The department may exempt a person from ss. 397.487(6) 4243 and 397.4871(5) if it has been at least 3 years since the person 4244 has completed or been lawfully released from confinement, 4245 supervision, or sanction for the disqualifying offense. An 4246 exemption from the disqualifying offenses may not be given under 4247 any circumstances for any person who is a: 4248 (a) Sexual predator pursuant to s. 775.21; 4249 (b) Career offender pursuant to s. 775.261; or 4250 (c) Sexual offender pursuant to s. 943.0435, unless the 4251 requirement to register as a sexual offender has been removed 4252 pursuant to s. 943.04354. 4253 Section 103. For the purpose of incorporating the 4254 amendments made by this act to sections 775.21, 943.0435, and 4255 943.04354, Florida Statutes, in references thereto, paragraph 4256 (b) of subsection (4) of section 435.07, Florida Statutes, is 4257 reenacted to read: 4258 435.07 Exemptions from disqualification.—Unless otherwise 4259 provided by law, the provisions of this section apply to 4260 exemptions from disqualification for disqualifying offenses 4261 revealed pursuant to background screenings required under this 4262 chapter, regardless of whether those disqualifying offenses are 4263 listed in this chapter or other laws. 4264 (4) 4265 (b) Disqualification from employment under this chapter may 4266 not be removed from, nor may an exemption be granted to, any 4267 person who is a: 4268 1. Sexual predator as designated pursuant to s. 775.21; 4269 2. Career offender pursuant to s. 775.261; or 4270 3. Sexual offender pursuant to s. 943.0435, unless the 4271 requirement to register as a sexual offender has been removed 4272 pursuant to s. 943.04354. 4273 Section 104. For the purpose of incorporating the 4274 amendments made by this act to sections 775.21, 943.0435, and 4275 944.607, Florida Statutes, in references thereto, subsection (4) 4276 of section 775.13, Florida Statutes, is reenacted to read: 4277 775.13 Registration of convicted felons, exemptions; 4278 penalties.— 4279 (4) This section does not apply to an offender: 4280 (a) Who has had his or her civil rights restored; 4281 (b) Who has received a full pardon for the offense for 4282 which convicted; 4283 (c) Who has been lawfully released from incarceration or 4284 other sentence or supervision for a felony conviction for more 4285 than 5 years prior to such time for registration, unless the 4286 offender is a fugitive from justice on a felony charge or has 4287 been convicted of any offense since release from such 4288 incarceration or other sentence or supervision; 4289 (d) Who is a parolee or probationer under the supervision 4290 of the United States Parole Commission if the commission knows 4291 of and consents to the presence of the offender in Florida or is 4292 a probationer under the supervision of any federal probation 4293 officer in the state or who has been lawfully discharged from 4294 such parole or probation; 4295 (e) Who is a sexual predator and has registered as required 4296 under s. 775.21; 4297 (f) Who is a sexual offender and has registered as required 4298 in s. 943.0435 or s. 944.607; or 4299 (g) Who is a career offender who has registered as required 4300 in s. 775.261 or s. 944.609. 4301 Section 105. For the purpose of incorporating the 4302 amendments made by this act to sections 775.21, 943.0435, and 4303 944.607, Florida Statutes, in references thereto, paragraph (b) 4304 of subsection (3) of section 775.261, Florida Statutes, is 4305 reenacted to read: 4306 775.261 The Florida Career Offender Registration Act.— 4307 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.— 4308 (b) This section does not apply to any person who has been 4309 designated as a sexual predator and required to register under 4310 s. 775.21 or who is required to register as a sexual offender 4311 under s. 943.0435 or s. 944.607. However, if a person is no 4312 longer required to register as a sexual predator under s. 775.21 4313 or as a sexual offender under s. 943.0435 or s. 944.607, the 4314 person must register as a career offender under this section if 4315 the person is otherwise designated as a career offender as 4316 provided in this section. 4317 Section 106. For the purpose of incorporating the 4318 amendments made by this act to sections 775.21 and 943.0435, 4319 Florida Statutes, in references thereto, paragraph (m) of 4320 subsection (2) of section 903.046, Florida Statutes, is 4321 reenacted to read: 4322 903.046 Purpose of and criteria for bail determination.— 4323 (2) When determining whether to release a defendant on bail 4324 or other conditions, and what that bail or those conditions may 4325 be, the court shall consider: 4326 (m) Whether the defendant, other than a defendant whose 4327 only criminal charge is a misdemeanor offense under chapter 316, 4328 is required to register as a sexual offender under s. 943.0435 4329 or a sexual predator under s. 775.21; and, if so, he or she is 4330 not eligible for release on bail or surety bond until the first 4331 appearance on the case in order to ensure the full participation 4332 of the prosecutor and the protection of the public. 4333 Section 107. For the purpose of incorporating the 4334 amendments made by this act to sections 775.21 and 948.06, 4335 Florida Statutes, in references thereto, subsection (1) of 4336 section 903.0351, Florida Statutes, is reenacted to read: 4337 903.0351 Restrictions on pretrial release pending 4338 probation-violation hearing or community-control-violation 4339 hearing.— 4340 (1) In the instance of an alleged violation of felony 4341 probation or community control, bail or any other form of 4342 pretrial release shall not be granted prior to the resolution of 4343 the probation-violation hearing or the community-control 4344 violation hearing to: 4345 (a) A violent felony offender of special concern as defined 4346 in s. 948.06; 4347 (b) A person who is on felony probation or community 4348 control for any offense committed on or after the effective date 4349 of this act and who is arrested for a qualifying offense as 4350 defined in s. 948.06(8)(c); or 4351 (c) A person who is on felony probation or community 4352 control and has previously been found by a court to be a 4353 habitual violent felony offender as defined in s. 775.084(1)(b), 4354 a three-time violent felony offender as defined in s. 4355 775.084(1)(c), or a sexual predator under s. 775.21, and who is 4356 arrested for committing a qualifying offense as defined in s. 4357 948.06(8)(c) on or after the effective date of this act. 4358 Section 108. For the purpose of incorporating the 4359 amendments made by this act to sections 775.21, 943.0435, and 4360 944.607, Florida Statutes, in references thereto, section 4361 948.063, Florida Statutes, is reenacted to read: 4362 948.063 Violations of probation or community control by 4363 designated sexual offenders and sexual predators.— 4364 (1) If probation or community control for any felony 4365 offense is revoked by the court pursuant to s. 948.06(2)(e) and 4366 the offender is designated as a sexual offender pursuant to s. 4367 943.0435 or s. 944.607 or as a sexual predator pursuant to s. 4368 775.21 for unlawful sexual activity involving a victim 15 years 4369 of age or younger and the offender is 18 years of age or older, 4370 and if the court imposes a subsequent term of supervision 4371 following the revocation of probation or community control, the 4372 court must order electronic monitoring as a condition of the 4373 subsequent term of probation or community control. 4374 (2) If the probationer or offender is required to register 4375 as a sexual predator under s. 775.21 or as a sexual offender 4376 under s. 943.0435 or s. 944.607 for unlawful sexual activity 4377 involving a victim 15 years of age or younger and the 4378 probationer or offender is 18 years of age or older and has 4379 violated the conditions of his or her probation or community 4380 control, but the court does not revoke the probation or 4381 community control, the court shall nevertheless modify the 4382 probation or community control to include electronic monitoring 4383 for any probationer or offender not then subject to electronic 4384 monitoring. 4385 Section 109. For the purpose of incorporating the 4386 amendments made by this act to sections 775.21, 943.0435, and 4387 943.04354, Florida Statutes, in references thereto, subsections 4388 (3) and (4) of section 948.30, Florida Statutes, are reenacted 4389 to read: 4390 948.30 Additional terms and conditions of probation or 4391 community control for certain sex offenses.—Conditions imposed 4392 pursuant to this section do not require oral pronouncement at 4393 the time of sentencing and shall be considered standard 4394 conditions of probation or community control for offenders 4395 specified in this section. 4396 (3) Effective for a probationer or community controllee 4397 whose crime was committed on or after September 1, 2005, and 4398 who: 4399 (a) Is placed on probation or community control for a 4400 violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, 4401 or s. 847.0145 and the unlawful sexual activity involved a 4402 victim 15 years of age or younger and the offender is 18 years 4403 of age or older; 4404 (b) Is designated a sexual predator pursuant to s. 775.21; 4405 or 4406 (c) Has previously been convicted of a violation of chapter 4407 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and 4408 the unlawful sexual activity involved a victim 15 years of age 4409 or younger and the offender is 18 years of age or older, 4410 4411 the court must order, in addition to any other provision of this 4412 section, mandatory electronic monitoring as a condition of the 4413 probation or community control supervision. 4414 (4) In addition to all other conditions imposed, for a 4415 probationer or community controllee who is subject to 4416 supervision for a crime that was committed on or after May 26, 4417 2010, and who has been convicted at any time of committing, or 4418 attempting, soliciting, or conspiring to commit, any of the 4419 criminal offenses listed in s. 943.0435(1)(a)1.a.(I), or a 4420 similar offense in another jurisdiction, against a victim who 4421 was under the age of 18 at the time of the offense; if the 4422 offender has not received a pardon for any felony or similar law 4423 of another jurisdiction necessary for the operation of this 4424 subsection, if a conviction of a felony or similar law of 4425 another jurisdiction necessary for the operation of this 4426 subsection has not been set aside in any postconviction 4427 proceeding, or if the offender has not been removed from the 4428 requirement to register as a sexual offender or sexual predator 4429 pursuant to s. 943.04354, the court must impose the following 4430 conditions: 4431 (a) A prohibition on visiting schools, child care 4432 facilities, parks, and playgrounds, without prior approval from 4433 the offender’s supervising officer. The court may also designate 4434 additional locations to protect a victim. The prohibition 4435 ordered under this paragraph does not prohibit the offender from 4436 visiting a school, child care facility, park, or playground for 4437 the sole purpose of attending a religious service as defined in 4438 s. 775.0861 or picking up or dropping off the offender’s 4439 children or grandchildren at a child care facility or school. 4440 (b) A prohibition on distributing candy or other items to 4441 children on Halloween; wearing a Santa Claus costume, or other 4442 costume to appeal to children, on or preceding Christmas; 4443 wearing an Easter Bunny costume, or other costume to appeal to 4444 children, on or preceding Easter; entertaining at children’s 4445 parties; or wearing a clown costume; without prior approval from 4446 the court. 4447 Section 110. For the purpose of incorporating the 4448 amendments made by this act to sections 775.21, 943.0435, 4449 944.606, and 944.607, Florida Statutes, in references thereto, 4450 section 948.31, Florida Statutes, is reenacted to read: 4451 948.31 Evaluation and treatment of sexual predators and 4452 offenders on probation or community control.—The court may 4453 require any probationer or community controllee who is required 4454 to register as a sexual predator under s. 775.21 or sexual 4455 offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo 4456 an evaluation, at the probationer or community controllee’s 4457 expense, by a qualified practitioner to determine whether such 4458 probationer or community controllee needs sexual offender 4459 treatment. If the qualified practitioner determines that sexual 4460 offender treatment is needed and recommends treatment, the 4461 probationer or community controllee must successfully complete 4462 and pay for the treatment. Such treatment must be obtained from 4463 a qualified practitioner as defined in s. 948.001. Treatment may 4464 not be administered by a qualified practitioner who has been 4465 convicted or adjudicated delinquent of committing, or 4466 attempting, soliciting, or conspiring to commit, any offense 4467 that is listed in s. 943.0435(1)(a)1.a.(I). 4468 Section 111. For the purpose of incorporating the 4469 amendments made by this act to sections 943.0435, 944.607, and 4470 947.1405, Florida Statutes, in references thereto, paragraph (b) 4471 of subsection (3), paragraph (d) of subsection (5), and 4472 paragraph (c) of subsection (10) of section 775.21, Florida 4473 Statutes, are reenacted to read: 4474 775.21 The Florida Sexual Predators Act.— 4475 (3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE INTENT.— 4476 (b) The high level of threat that a sexual predator 4477 presents to the public safety, and the long-term effects 4478 suffered by victims of sex offenses, provide the state with 4479 sufficient justification to implement a strategy that includes: 4480 1. Incarcerating sexual predators and maintaining adequate 4481 facilities to ensure that decisions to release sexual predators 4482 into the community are not made on the basis of inadequate 4483 space. 4484 2. Providing for specialized supervision of sexual 4485 predators who are in the community by specially trained 4486 probation officers with low caseloads, as described in ss. 4487 947.1405(7) and 948.30. The sexual predator is subject to 4488 specified terms and conditions implemented at sentencing or at 4489 the time of release from incarceration, with a requirement that 4490 those who are financially able must pay all or part of the costs 4491 of supervision. 4492 3. Requiring the registration of sexual predators, with a 4493 requirement that complete and accurate information be maintained 4494 and accessible for use by law enforcement authorities, 4495 communities, and the public. 4496 4. Providing for community and public notification 4497 concerning the presence of sexual predators. 4498 5. Prohibiting sexual predators from working with children, 4499 either for compensation or as a volunteer. 4500 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated 4501 as a sexual predator as follows: 4502 (d) A person who establishes or maintains a residence in 4503 this state and who has not been designated as a sexual predator 4504 by a court of this state but who has been designated as a sexual 4505 predator, as a sexually violent predator, or by another sexual 4506 offender designation in another state or jurisdiction and was, 4507 as a result of such designation, subjected to registration or 4508 community or public notification, or both, or would be if the 4509 person was a resident of that state or jurisdiction, without 4510 regard to whether the person otherwise meets the criteria for 4511 registration as a sexual offender, shall register in the manner 4512 provided in s. 943.0435 or s. 944.607 and shall be subject to 4513 community and public notification as provided in s. 943.0435 or 4514 s. 944.607. A person who meets the criteria of this section is 4515 subject to the requirements and penalty provisions of s. 4516 943.0435 or s. 944.607 until the person provides the department 4517 with an order issued by the court that designated the person as 4518 a sexual predator, as a sexually violent predator, or by another 4519 sexual offender designation in the state or jurisdiction in 4520 which the order was issued which states that such designation 4521 has been removed or demonstrates to the department that such 4522 designation, if not imposed by a court, has been removed by 4523 operation of law or court order in the state or jurisdiction in 4524 which the designation was made, and provided such person no 4525 longer meets the criteria for registration as a sexual offender 4526 under the laws of this state. 4527 (10) PENALTIES.— 4528 (c) Any person who misuses public records information 4529 relating to a sexual predator, as defined in this section, or a 4530 sexual offender, as defined in s. 943.0435 or s. 944.607, to 4531 secure a payment from such a predator or offender; who knowingly 4532 distributes or publishes false information relating to such a 4533 predator or offender which the person misrepresents as being 4534 public records information; or who materially alters public 4535 records information with the intent to misrepresent the 4536 information, including documents, summaries of public records 4537 information provided by law enforcement agencies, or public 4538 records information displayed by law enforcement agencies on 4539 websites or provided through other means of communication, 4540 commits a misdemeanor of the first degree, punishable as 4541 provided in s. 775.082 or s. 775.083. 4542 Section 112. For the purpose of incorporating the 4543 amendments made by this act to sections 943.0435, 944.606, and 4544 944.607, Florida Statutes, in references thereto, subsection (2) 4545 of section 775.24, Florida Statutes, is reenacted to read: 4546 775.24 Duty of the court to uphold laws governing sexual 4547 predators and sexual offenders.— 4548 (2) If a person meets the criteria in this chapter for 4549 designation as a sexual predator or meets the criteria in s. 4550 943.0435, s. 944.606, s. 944.607, or any other law for 4551 classification as a sexual offender, the court may not enter an 4552 order, for the purpose of approving a plea agreement or for any 4553 other reason, which: 4554 (a) Exempts a person who meets the criteria for designation 4555 as a sexual predator or classification as a sexual offender from 4556 such designation or classification, or exempts such person from 4557 the requirements for registration or community and public 4558 notification imposed upon sexual predators and sexual offenders; 4559 (b) Restricts the compiling, reporting, or release of 4560 public records information that relates to sexual predators or 4561 sexual offenders; or 4562 (c) Prevents any person or entity from performing its 4563 duties or operating within its statutorily conferred authority 4564 as such duty or authority relates to sexual predators or sexual 4565 offenders. 4566 Section 113. For the purpose of incorporating the 4567 amendments made by this act to sections 943.0435, 944.606, and 4568 944.607, Florida Statutes, in references thereto, subsection (2) 4569 of section 943.0436, Florida Statutes, is reenacted to read: 4570 943.0436 Duty of the court to uphold laws governing sexual 4571 predators and sexual offenders.— 4572 (2) If a person meets the criteria in chapter 775 for 4573 designation as a sexual predator or meets the criteria in s. 4574 943.0435, s. 944.606, s. 944.607, or any other law for 4575 classification as a sexual offender, the court may not enter an 4576 order, for the purpose of approving a plea agreement or for any 4577 other reason, which: 4578 (a) Exempts a person who meets the criteria for designation 4579 as a sexual predator or classification as a sexual offender from 4580 such designation or classification, or exempts such person from 4581 the requirements for registration or community and public 4582 notification imposed upon sexual predators and sexual offenders; 4583 (b) Restricts the compiling, reporting, or release of 4584 public records information that relates to sexual predators or 4585 sexual offenders; or 4586 (c) Prevents any person or entity from performing its 4587 duties or operating within its statutorily conferred authority 4588 as such duty or authority relates to sexual predators or sexual 4589 offenders. 4590 Section 114. For the purpose of incorporating the 4591 amendments made by this act to sections 775.21 and 847.0135, 4592 Florida Statutes, in references thereto, paragraph (g) of 4593 subsection (3) of section 921.0022, Florida Statutes, is 4594 reenacted to read: 4595 921.0022 Criminal Punishment Code; offense severity ranking 4596 chart.— 4597 (3) OFFENSE SEVERITY RANKING CHART 4598 (g) LEVEL 7 4599 4600 4601 FloridaStatute FelonyDegree Description 4602 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 4603 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 4604 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. 4605 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 4606 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 4607 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 4608 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 4609 456.065(2) 3rd Practicing a health care profession without a license. 4610 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 4611 458.327(1) 3rd Practicing medicine without a license. 4612 459.013(1) 3rd Practicing osteopathic medicine without a license. 4613 460.411(1) 3rd Practicing chiropractic medicine without a license. 4614 461.012(1) 3rd Practicing podiatric medicine without a license. 4615 462.17 3rd Practicing naturopathy without a license. 4616 463.015(1) 3rd Practicing optometry without a license. 4617 464.016(1) 3rd Practicing nursing without a license. 4618 465.015(2) 3rd Practicing pharmacy without a license. 4619 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 4620 467.201 3rd Practicing midwifery without a license. 4621 468.366 3rd Delivering respiratory care services without a license. 4622 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 4623 483.901(9) 3rd Practicing medical physics without a license. 4624 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 4625 484.053 3rd Dispensing hearing aids without a license. 4626 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. 4627 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. 4628 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 4629 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 4630 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 4631 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 4632 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 4633 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 4634 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 4635 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 4636 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 4637 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 4638 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 4639 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 4640 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 4641 784.048(7) 3rd Aggravated stalking; violation of court order. 4642 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 4643 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 4644 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 4645 784.081(1) 1st Aggravated battery on specified official or employee. 4646 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 4647 784.083(1) 1st Aggravated battery on code inspector. 4648 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 4649 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. 4650 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 4651 790.16(1) 1st Discharge of a machine gun under specified circumstances. 4652 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 4653 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 4654 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 4655 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 4656 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 4657 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. 4658 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 4659 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 4660 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 4661 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. 4662 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. 4663 806.01(2) 2nd Maliciously damage structure by fire or explosive. 4664 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 4665 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 4666 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 4667 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 4668 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. 4669 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 4670 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 4671 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 4672 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 4673 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 4674 812.131(2)(a) 2nd Robbery by sudden snatching. 4675 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 4676 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 4677 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 4678 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 4679 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 4680 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. 4681 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 4682 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 4683 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. 4684 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 4685 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 4686 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 4687 838.015 2nd Bribery. 4688 838.016 2nd Unlawful compensation or reward for official behavior. 4689 838.021(3)(a) 2nd Unlawful harm to a public servant. 4690 838.22 2nd Bid tampering. 4691 843.0855(2) 3rd Impersonation of a public officer or employee. 4692 843.0855(3) 3rd Unlawful simulation of legal process. 4693 843.0855(4) 3rd Intimidation of a public officer or employee. 4694 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 4695 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 4696 872.06 2nd Abuse of a dead human body. 4697 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 4698 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 4699 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. 4700 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. 4701 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). 4702 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 4703 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 4704 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 4705 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams. 4706 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 4707 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 4708 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 4709 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams. 4710 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. 4711 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams. 4712 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 4713 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 4714 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 4715 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 4716 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 4717 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 4718 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 4719 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 4720 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 4721 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 4722 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 4723 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 4724 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 4725 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 4726 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 4727 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 4728 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 4729 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 4730 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 4731 Section 115. The Division of Law Revision and Information 4732 is directed to rename chapter 847, Florida Statutes, as 4733 “Obscenity; Child Pornography.” 4734 Section 116. This act shall take effect October 1, 2016.