Florida Senate - 2013                             CS for SB 1752
       
       
       
       By the Committee on Transportation; and Senator Braynon
       
       
       
       
       596-02421-13                                          20131752c1
    1                        A bill to be entitled                      
    2         An act relating to driver licenses and driving
    3         privileges; creating the “Driver’s Accountability
    4         Act”; amending s. 318.18, F.S.; providing a criminal
    5         and civil penalty payment alternative when a court
    6         finds the violator has demonstrable financial
    7         hardship; amending s. 322.34, F.S., relating to
    8         driving while a license is suspended, revoked,
    9         canceled, or disqualified; revising penalty
   10         provisions; amending s. 322.245, F.S.; revising
   11         provisions for the Department of Highway Safety and
   12         Motor Vehicles to suspend the license of a person who
   13         has failed to pay a financial obligation for a
   14         criminal offense; amending ss. 921.0022 and 932.701,
   15         F.S.; conforming cross-references; providing an
   16         effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. This act may be cited as the “Driver’s
   21  Accountability Act.”
   22         Section 2. Subsection (8) of section 318.18, Florida
   23  Statutes, is amended to read:
   24         318.18 Amount and payment of criminal and civil penalties.
   25  The penalties required for a noncriminal disposition pursuant to
   26  s. 318.14 or a criminal offense listed in s. 318.17 are as
   27  follows:
   28         (8)(a) Any person who fails to comply with the court’s
   29  requirements or who fails to pay the civil penalties specified
   30  in this section within the 30-day period provided for in s.
   31  318.14 must pay an additional civil penalty of $16, $6.50 of
   32  which must be remitted to the Department of Revenue for deposit
   33  in the General Revenue Fund, and $9.50 of which must be remitted
   34  to the Department of Revenue for deposit in the Highway Safety
   35  Operating Trust Fund. Of this additional civil penalty of $16,
   36  $4 is not revenue for purposes of s. 28.36 and may not be used
   37  in establishing the budget of the clerk of the court under that
   38  section or s. 28.35. The department shall contract with the
   39  Florida Association of Court Clerks, Inc., to design, establish,
   40  operate, upgrade, and maintain an automated statewide Uniform
   41  Traffic Citation Accounting System to be operated by the clerks
   42  of the court which shall include, but not be limited to, the
   43  accounting for traffic infractions by type, a record of the
   44  disposition of the citations, and an accounting system for the
   45  fines assessed and the subsequent fine amounts paid to the
   46  clerks of the court. On or before December 1, 2001, the clerks
   47  of the court must provide the information required by this
   48  chapter to be transmitted to the department by electronic
   49  transmission pursuant to the contract.
   50         (b)1.a. If a person has been ordered to pay a civil penalty
   51  for a noncriminal traffic infraction and the person is unable to
   52  comply with the court’s order due to demonstrable financial
   53  hardship, the court shall allow the person to satisfy the civil
   54  penalty by participating in community service until the civil
   55  penalty is paid.
   56         b. If a person has been ordered to pay a criminal penalty,
   57  including court costs, fines, or fees associated with a criminal
   58  offense and the person is unable to comply with the court’s
   59  order due to demonstrable financial hardship, the court may
   60  allow the person to satisfy the criminal penalty by
   61  participating in community service until the penalty is paid. In
   62  determining whether a person has the ability to pay the criminal
   63  penalty, the court shall consider the financial resources of the
   64  person, the present and potential future financial needs and
   65  earning ability of the person and his or her dependents, and
   66  such other factors which it deems appropriate. If the court
   67  finds that the person has the inability to pay, the court may
   68  consider converting the outstanding penalty to community
   69  service.
   70         c.b. If a court orders a person to perform community
   71  service, the person shall receive credit for the civil penalty
   72  at the specified hourly credit rate per hour of community
   73  service performed, and each hour of community service performed
   74  shall reduce the civil penalty by that amount.
   75         2.a. As used in this paragraph, the term “specified hourly
   76  credit rate” means the wage rate that is specified in 29 U.S.C.
   77  s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,
   78  that is then in effect, and that an employer subject to such
   79  provision must pay per hour to each employee subject to such
   80  provision.
   81         b. However, if a person ordered to perform community
   82  service has a trade or profession for which there is a community
   83  service need, the specified hourly credit rate for each hour of
   84  community service performed by that person shall be the average
   85  prevailing wage rate for the trade or profession that the
   86  community service agency needs.
   87         3.a. The community service agency supervising the person
   88  shall record the number of hours of community service completed
   89  and the date the community service hours were completed. The
   90  community service agency shall submit the data to the clerk of
   91  court on the letterhead of the community service agency, which
   92  must also bear the notarized signature of the person designated
   93  to represent the community service agency.
   94         b. When the number of community service hours completed by
   95  the person equals the amount of the civil penalty, the clerk of
   96  court shall certify this fact to the court. Thereafter, the
   97  clerk of court shall record in the case file that the civil
   98  penalty has been paid in full.
   99         4. As used in this paragraph, the term:
  100         a. “Community service” means uncompensated labor for a
  101  community service agency.
  102         b. “Community service agency” means a not-for-profit
  103  corporation, community organization, charitable organization,
  104  public officer, the state or any political subdivision of the
  105  state, or any other body the purpose of which is to improve the
  106  quality of life or social welfare of the community and which
  107  agrees to accept community service from persons unable to pay
  108  civil penalties for noncriminal traffic infractions.
  109         (c) If the noncriminal infraction has caused or resulted in
  110  the death of another, the person who committed the infraction
  111  may perform 120 community service hours under s. 316.027(4), in
  112  addition to any other penalties.
  113         Section 3. Section 322.34, Florida Statutes, is amended to
  114  read:
  115         322.34 Driving while license suspended, revoked, canceled,
  116  or disqualified.—
  117         (1) Except as provided in subsection (2), Any person whose
  118  driver driver’s license or driving privilege has been canceled
  119  or, suspended, or revoked, except a “habitual traffic offender”
  120  as defined in s. 322.264, who drives a vehicle on upon the
  121  highways of this state while such license or privilege is
  122  canceled or, suspended commits, or revoked is guilty of a moving
  123  violation, except as provided in subsection (2), punishable as
  124  provided in chapter 318.
  125         (2)(a) Any person whose license has been suspended for
  126  failing to pay child support as provided in s. 322.245 or s.
  127  61.13016 who, knowing of such suspension, drives any motor
  128  vehicle on the highways of this state while such license or
  129  privilege is suspended, upon:
  130         1. A first conviction is guilty of a misdemeanor of the
  131  second degree, punishable as provided in s. 775.082 or s.
  132  775.083.
  133         2. A second or subsequent conviction is guilty of a
  134  misdemeanor of the first degree, punishable as provided in s.
  135  775.082 or s. 775.083.
  136         (b) Any person whose driver driver’s license or driving
  137  privilege has been suspended under s. 322.2615 or canceled,
  138  suspended, or revoked as provided by law, except persons defined
  139  as habitual traffic offenders in s. 322.264, who, knowing of
  140  such cancellation, suspension, or revocation, drives any motor
  141  vehicle on upon the highways of this state while such license or
  142  privilege is canceled, suspended, or revoked, upon:
  143         1.(a) A first conviction is guilty of a misdemeanor of the
  144  second degree, punishable as provided in s. 775.082 or s.
  145  775.083.
  146         2.(b) A second conviction is guilty of a misdemeanor of the
  147  first degree, punishable as provided in s. 775.082 or s.
  148  775.083.
  149         3.(c) A third or subsequent conviction is guilty of a
  150  felony of the third degree, punishable as provided in s.
  151  775.082, s. 775.083, or s. 775.084.
  152         (3) A person whose driver license or driving privilege has
  153  been revoked as a habitual traffic offender pursuant to s.
  154  322.264(1)(d) who, knowing of such revocation, drives any motor
  155  vehicle on the highways of this state while such license or
  156  privilege is revoked, upon:
  157         (a) A first conviction, is guilty of a misdemeanor of the
  158  second degree, punishable as provided in s. 775.082 or s.
  159  775.083.
  160         (b) A second conviction, is guilty of a misdemeanor of the
  161  first degree, punishable as provided in s. 775.082 or s.
  162  775.083.
  163         (c) A third or subsequent conviction, is guilty of:
  164         1. A misdemeanor of the first degree, punishable as
  165  provided in s.775.082 or s.775.083, if the person’s designation
  166  as a habitual traffic offender is based only on the offenses of
  167  driving while a license is suspended or canceled under s.
  168  322.34(1); or
  169         2. A felony of the third degree, punishable as provided in
  170  s. 775.082, s. 775.083, or s. 775.084, if the person’s
  171  designation as a habitual traffic offender is based on any
  172  offense of driving while a license is suspended or revoked under
  173  subsection (2).
  174         (4) Any person whose driver license or driving privilege
  175  has been revoked as a habitual traffic offender pursuant to s.
  176  322.264 for violations other than a violation of s.
  177  322.264(1)(d), who knowing of such revocation, drives any motor
  178  vehicle on the highways of this state while such license or
  179  privilege is revoked commits a felony of the third degree,
  180  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  181         (5) Any person whose driver license or driving privilege
  182  has been revoked as a habitual traffic offender under s. 322.264
  183  that has a prior forcible felony conviction as defined in s.
  184  776.08 who, knowing of such revocation, drives any motor vehicle
  185  on the highways of this state while such license or privilege is
  186  revoked commits a felony of the third degree, punishable as
  187  provided in s. 775.082, s. 775.083, or s. 775.084.
  188         (6) The element of knowledge is satisfied if the person has
  189  been previously cited as provided in subsections (2), (3), and
  190  (4) subsection (1); or the person admits to knowledge of the
  191  cancellation, suspension, or revocation; or the person received
  192  notice as provided in subsection (8) (4). There shall be a
  193  rebuttable presumption that the knowledge requirement is
  194  satisfied if a judgment or order as provided in subsection (8)
  195  (4) appears in the department’s records for any case except for
  196  one involving a suspension by the department for failure to pay
  197  a traffic fine or for a financial responsibility violation.
  198         (7)(3) In any proceeding for a violation of this section, a
  199  court may consider evidence, other than that specified in
  200  subsection (2), that the person knowingly violated this section.
  201         (8)(4) Any judgment or order rendered by a court or
  202  adjudicatory body or any uniform traffic citation that cancels,
  203  suspends, or revokes a person’s driver driver’s license must
  204  contain a provision notifying the person that his or her driver
  205  driver’s license has been canceled, suspended, or revoked.
  206         (5) Any person whose driver’s license has been revoked
  207  pursuant to s. 322.264 (habitual offender) and who drives any
  208  motor vehicle upon the highways of this state while such license
  209  is revoked is guilty of a felony of the third degree, punishable
  210  as provided in s. 775.082, s. 775.083, or s. 775.084.
  211         (9)(6) Any person who operates a motor vehicle:
  212         (a) Without having a driver driver’s license as required
  213  under s. 322.03; or
  214         (b) While his or her driver driver’s license or driving
  215  privilege is canceled, suspended, or revoked pursuant to s.
  216  316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
  217  and who by careless or negligent operation of the motor vehicle
  218  causes the death of or serious bodily injury to another human
  219  being commits is guilty of a felony of the third degree,
  220  punishable as provided in s. 775.082 or s. 775.083.
  221         (10)(7) Any person whose driver driver’s license or driving
  222  privilege has been canceled, suspended, revoked, or disqualified
  223  and who drives a commercial motor vehicle on the highways of
  224  this state while such license or privilege is canceled,
  225  suspended, revoked, or disqualified, upon:
  226         (a) A first conviction is guilty of a misdemeanor of the
  227  first degree, punishable as provided in s. 775.082 or s.
  228  775.083.
  229         (b) A second or subsequent conviction is guilty of a felony
  230  of the third degree, punishable as provided in s. 775.082, s.
  231  775.083, or s. 775.084.
  232         (11)(8)(a) Upon the arrest of a person for the offense of
  233  driving while the person’s driver driver’s license or driving
  234  privilege is suspended or revoked, the arresting officer shall
  235  determine:
  236         1. Whether the person’s driver driver’s license is
  237  suspended or revoked.
  238         2. Whether the person’s driver driver’s license has
  239  remained suspended or revoked since a conviction for the offense
  240  of driving with a suspended or revoked license.
  241         3. Whether the suspension or revocation was made under s.
  242  316.646 or s. 627.733, relating to failure to maintain required
  243  security, or under s. 322.264, relating to habitual traffic
  244  offenders.
  245         4. Whether the driver is the registered owner or coowner of
  246  the vehicle.
  247         (b) If the arresting officer finds in the affirmative as to
  248  all of the criteria in paragraph (a), the officer shall
  249  immediately impound or immobilize the vehicle.
  250         (c) Within 7 business days after the date the arresting
  251  agency impounds or immobilizes the vehicle, either the arresting
  252  agency or the towing service, whichever is in possession of the
  253  vehicle, shall send notice by certified mail to any coregistered
  254  owners of the vehicle other than the person arrested and to each
  255  person of record claiming a lien against the vehicle. All costs
  256  and fees for the impoundment or immobilization, including the
  257  cost of notification, must be paid by the owner of the vehicle
  258  or, if the vehicle is leased, by the person leasing the vehicle.
  259         (d) Either the arresting agency or the towing service,
  260  whichever is in possession of the vehicle, shall determine
  261  whether any vehicle impounded or immobilized under this section
  262  has been leased or rented or if there are any persons of record
  263  with a lien upon the vehicle. Either the arresting agency or the
  264  towing service, whichever is in possession of the vehicle, shall
  265  notify by express courier service with receipt or certified mail
  266  within 7 business days after the date of the immobilization or
  267  impoundment of the vehicle, the registered owner and all persons
  268  having a recorded lien against the vehicle that the vehicle has
  269  been impounded or immobilized. A lessor, rental car company, or
  270  lienholder may then obtain the vehicle, upon payment of any
  271  lawful towing or storage charges. If the vehicle is a rental
  272  vehicle subject to a written contract, the charges may be
  273  separately charged to the renter, in addition to the rental
  274  rate, along with other separate fees, charges, and recoupments
  275  disclosed on the rental agreement. If the storage facility fails
  276  to provide timely notice to a lessor, rental car company, or
  277  lienholder as required by this paragraph, the storage facility
  278  shall be responsible for payment of any towing or storage
  279  charges necessary to release the vehicle to a lessor, rental car
  280  company, or lienholder that accrue after the notice period,
  281  which charges may then be assessed against the driver of the
  282  vehicle if the vehicle was lawfully impounded or immobilized.
  283         (e) Except as provided in paragraph (d), the vehicle shall
  284  remain impounded or immobilized for any period imposed by the
  285  court until:
  286         1. The owner presents proof of insurance to the arresting
  287  agency; or
  288         2. The owner presents proof of sale of the vehicle to the
  289  arresting agency and the buyer presents proof of insurance to
  290  the arresting agency.
  291  If proof is not presented within 35 days after the impoundment
  292  or immobilization, a lien shall be placed upon such vehicle
  293  pursuant to s. 713.78.
  294         (f) The owner of a vehicle that is impounded or immobilized
  295  under this subsection may, within 10 days after the date the
  296  owner has knowledge of the location of the vehicle, file a
  297  complaint in the county in which the owner resides to determine
  298  whether the vehicle was wrongfully taken or withheld. Upon the
  299  filing of a complaint, the owner or lienholder may have the
  300  vehicle released by posting with the court a bond or other
  301  adequate security equal to the amount of the costs and fees for
  302  impoundment or immobilization, including towing or storage, to
  303  ensure the payment of such costs and fees if the owner or
  304  lienholder does not prevail. When the vehicle owner or
  305  lienholder does not prevail on a complaint that the vehicle was
  306  wrongfully taken or withheld, he or she must pay the accrued
  307  charges for the immobilization or impoundment, including any
  308  towing and storage charges assessed against the vehicle. When
  309  the bond is posted and the fee is paid as set forth in s. 28.24,
  310  the clerk of the court shall issue a certificate releasing the
  311  vehicle. At the time of release, after reasonable inspection,
  312  the owner must give a receipt to the towing or storage company
  313  indicating any loss or damage to the vehicle or to the contents
  314  of the vehicle.
  315         (12)(9)(a) A motor vehicle that is driven by a person under
  316  the influence of alcohol or drugs in violation of s. 316.193 is
  317  subject to seizure and forfeiture under ss. 932.701-932.706 and
  318  is subject to liens for recovering, towing, or storing vehicles
  319  under s. 713.78 if, at the time of the offense, the person’s
  320  driver driver’s license is suspended, revoked, or canceled as a
  321  result of a prior conviction for driving under the influence.
  322         (b) The law enforcement officer shall notify the Department
  323  of Highway Safety and Motor Vehicles of any impoundment or
  324  seizure for violation of paragraph (a) in accordance with
  325  procedures established by the department.
  326         (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when
  327  the seizing agency obtains a final judgment granting forfeiture
  328  of the motor vehicle under this section, 30 percent of the net
  329  proceeds from the sale of the motor vehicle shall be retained by
  330  the seizing law enforcement agency and 70 percent shall be
  331  deposited in the General Revenue Fund for use by regional
  332  workforce boards in providing transportation services for
  333  participants of the welfare transition program. In a forfeiture
  334  proceeding under this section, the court may consider the extent
  335  that the family of the owner has other public or private means
  336  of transportation.
  337         (10)(a) Notwithstanding any other provision of this
  338  section, if a person does not have a prior forcible felony
  339  conviction as defined in s. 776.08, the penalties provided in
  340  paragraph (b) apply if a person’s driver’s license or driving
  341  privilege is canceled, suspended, or revoked for:
  342         1. Failing to pay child support as provided in s. 322.245
  343  or s. 61.13016;
  344         2. Failing to pay any other financial obligation as
  345  provided in s. 322.245 other than those specified in s.
  346  322.245(1);
  347         3. Failing to comply with a civil penalty required in s.
  348  318.15;
  349         4. Failing to maintain vehicular financial responsibility
  350  as required by chapter 324;
  351         5. Failing to comply with attendance or other requirements
  352  for minors as set forth in s. 322.091; or
  353         6. Having been designated a habitual traffic offender under
  354  s. 322.264(1)(d) as a result of suspensions of his or her
  355  driver’s license or driver privilege for any underlying
  356  violation listed in subparagraphs 1.-5.
  357         (b)1. Upon a first conviction for knowingly driving while
  358  his or her license is suspended, revoked, or canceled for any of
  359  the underlying violations listed in subparagraphs (a)1.-6., a
  360  person commits a misdemeanor of the second degree, punishable as
  361  provided in s. 775.082 or s. 775.083.
  362         2. Upon a second or subsequent conviction for the same
  363  offense of knowingly driving while his or her license is
  364  suspended, revoked, or canceled for any of the underlying
  365  violations listed in subparagraphs (a)1.-6., a person commits a
  366  misdemeanor of the first degree, punishable as provided in s.
  367  775.082 or s. 775.083.
  368         (13)(11)(a) A person who does not hold a commercial driver
  369  driver’s license and who is cited for an offense of knowingly
  370  driving while his or her license is suspended, revoked, or
  371  canceled for any of the underlying violations listed in
  372  paragraph (10)(a) may, in lieu of payment of fine or court
  373  appearance, elect to enter a plea of nolo contendere and provide
  374  proof of compliance to the clerk of the court, designated
  375  official, or authorized operator of a traffic violations bureau.
  376  In such case, adjudication shall be withheld. However, no
  377  election shall be made under this subsection if such person has
  378  made an election under this subsection during the preceding 12
  379  months. A person may not make more than three elections under
  380  this subsection.
  381         (b) If adjudication is withheld under paragraph (a), such
  382  action is not a conviction.
  383         Section 4. Subsection (5) of section 322.245, Florida
  384  Statutes, is amended to read:
  385         322.245 Suspension of license upon failure of person
  386  charged with specified offense under chapter 316, chapter 320,
  387  or this chapter to comply with directives ordered by traffic
  388  court or upon failure to pay child support in non-IV-D cases as
  389  provided in chapter 61 or failure to pay any financial
  390  obligation in any other criminal case.—
  391         (5)(a) When the department receives notice from a clerk of
  392  the court that a person licensed to operate a motor vehicle in
  393  this state under the provisions of this chapter has willfully
  394  failed to pay financial obligations for any criminal offense
  395  other than those specified in subsection (1), in full or in part
  396  under a payment plan pursuant to s. 28.246(4) after a finding by
  397  the court that the person has the ability to pay, the department
  398  shall suspend the license of the person named in the notice.
  399         (b) The department must reinstate the driving privilege
  400  when the clerk of the court provides an affidavit to the
  401  department stating that:
  402         1. The person has satisfied the financial obligation in
  403  full or made all of the payments currently due under a payment
  404  plan;
  405         2. The person has entered into a written agreement for
  406  payment of the financial obligation if not presently enrolled in
  407  a payment plan; or
  408         3. The A court has entered an order granting relief to the
  409  person ordering the reinstatement of the license.
  410         (c) The department shall not be held liable for any license
  411  suspension resulting from the discharge of its duties under this
  412  section.
  413         Section 5. Paragraph (e) of subsection (3) of section
  414  921.0022, Florida Statutes, is amended to read:
  415         921.0022 Criminal Punishment Code; offense severity ranking
  416  chart.—
  417         (3) OFFENSE SEVERITY RANKING CHART
  418         (e) LEVEL 5
  419  FloridaStatute    FelonyDegree                Description                
  420  316.027(1)(a)       3rd   Accidents involving personal injuries, failure to stop; leaving scene.
  421  316.1935(4)(a)      2nd   Aggravated fleeing or eluding.             
  422  322.34(9)322.34(6)  3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  423  327.30(5)           3rd   Vessel accidents involving personal injury; leaving scene.
  424  379.367(4)          3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  425  379.3671(2)(c)3.    3rd   Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  426  381.0041(11)(b)     3rd   Donate blood, plasma, or organs knowing HIV positive.
  427  440.10(1)(g)        2nd   Failure to obtain workers’ compensation coverage.
  428  440.105(5)          2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  429  440.381(2)          2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  430  624.401(4)(b)2.     2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  431  626.902(1)(c)       2nd   Representing an unauthorized insurer; repeat offender.
  432  790.01(2)           3rd   Carrying a concealed firearm.              
  433  790.162             2nd   Threat to throw or discharge destructive device.
  434  790.163(1)          2nd   False report of deadly explosive or weapon of mass destruction.
  435  790.221(1)          2nd   Possession of short-barreled shotgun or machine gun.
  436  790.23              2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  437  800.04(6)(c)        3rd   Lewd or lascivious conduct; offender less than 18 years.
  438  800.04(7)(b)        2nd   Lewd or lascivious exhibition; offender 18 years or older.
  439  806.111(1)          3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  440  812.0145(2)(b)      2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  441  812.015(8)          3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  442  812.019(1)          2nd   Stolen property; dealing in or trafficking in.
  443  812.131(2)(b)       3rd   Robbery by sudden snatching.               
  444  812.16(2)           3rd   Owning, operating, or conducting a chop shop.
  445  817.034(4)(a)2.     2nd   Communications fraud, value $20,000 to $50,000.
  446  817.234(11)(b)      2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  447  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.
  448  817.568(2)(b)       2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
  449  817.625(2)(b)       2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  450  825.1025(4)         3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  451  827.071(4)          2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  452  827.071(5)          3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  453  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.
  454  843.01              3rd   Resist officer with violence to person; resist arrest with violence.
  455  847.0135(5)(b)      2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  456  847.0137 (2) & (3)  3rd   Transmission of pornography by electronic device or equipment.
  457  847.0138 (2) & (3)  3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  458  874.05(2)           2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  459  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).
  460  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.
  461  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.
  462  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.
  463  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.
  464  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).
  465  893.1351(1)         3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  466  
  467         Section 6. Paragraph (a) of subsection (2) of section
  468  932.701, Florida Statutes, is amended to read:
  469         932.701 Short title; definitions.—
  470         (2) As used in the Florida Contraband Forfeiture Act:
  471         (a) “Contraband article” means:
  472         1. Any controlled substance as defined in chapter 893 or
  473  any substance, device, paraphernalia, or currency or other means
  474  of exchange that was used, was attempted to be used, or was
  475  intended to be used in violation of any provision of chapter
  476  893, if the totality of the facts presented by the state is
  477  clearly sufficient to meet the state’s burden of establishing
  478  probable cause to believe that a nexus exists between the
  479  article seized and the narcotics activity, whether or not the
  480  use of the contraband article can be traced to a specific
  481  narcotics transaction.
  482         2. Any gambling paraphernalia, lottery tickets, money,
  483  currency, or other means of exchange which was used, was
  484  attempted, or intended to be used in violation of the gambling
  485  laws of the state.
  486         3. Any equipment, liquid or solid, which was being used, is
  487  being used, was attempted to be used, or intended to be used in
  488  violation of the beverage or tobacco laws of the state.
  489         4. Any motor fuel upon which the motor fuel tax has not
  490  been paid as required by law.
  491         5. Any personal property, including, but not limited to,
  492  any vessel, aircraft, item, object, tool, substance, device,
  493  weapon, machine, vehicle of any kind, money, securities, books,
  494  records, research, negotiable instruments, or currency, which
  495  was used or was attempted to be used as an instrumentality in
  496  the commission of, or in aiding or abetting in the commission
  497  of, any felony, whether or not comprising an element of the
  498  felony, or which is acquired by proceeds obtained as a result of
  499  a violation of the Florida Contraband Forfeiture Act.
  500         6. Any real property, including any right, title,
  501  leasehold, or other interest in the whole of any lot or tract of
  502  land, which was used, is being used, or was attempted to be used
  503  as an instrumentality in the commission of, or in aiding or
  504  abetting in the commission of, any felony, or which is acquired
  505  by proceeds obtained as a result of a violation of the Florida
  506  Contraband Forfeiture Act.
  507         7. Any personal property, including, but not limited to,
  508  equipment, money, securities, books, records, research,
  509  negotiable instruments, currency, or any vessel, aircraft, item,
  510  object, tool, substance, device, weapon, machine, or vehicle of
  511  any kind in the possession of or belonging to any person who
  512  takes aquaculture products in violation of s. 812.014(2)(c).
  513         8. Any motor vehicle offered for sale in violation of s.
  514  320.28.
  515         9. Any motor vehicle used during the course of committing
  516  an offense in violation of s. 322.34(12)(a) 322.34(9)(a).
  517         10. Any photograph, film, or other recorded image,
  518  including an image recorded on videotape, a compact disc,
  519  digital tape, or fixed disk, that is recorded in violation of s.
  520  810.145 and is possessed for the purpose of amusement,
  521  entertainment, sexual arousal, gratification, or profit, or for
  522  the purpose of degrading or abusing another person.
  523         11. Any real property, including any right, title,
  524  leasehold, or other interest in the whole of any lot or tract of
  525  land, which is acquired by proceeds obtained as a result of
  526  Medicaid fraud under s. 409.920 or s. 409.9201; any personal
  527  property, including, but not limited to, equipment, money,
  528  securities, books, records, research, negotiable instruments, or
  529  currency; or any vessel, aircraft, item, object, tool,
  530  substance, device, weapon, machine, or vehicle of any kind in
  531  the possession of or belonging to any person which is acquired
  532  by proceeds obtained as a result of Medicaid fraud under s.
  533  409.920 or s. 409.9201.
  534         12. Any personal property, including, but not limited to,
  535  any vehicle, item, object, tool, device, weapon, machine, money,
  536  security, book, or record, that is used or attempted to be used
  537  as an instrumentality in the commission of, or in aiding and
  538  abetting in the commission of, a person’s third or subsequent
  539  violation of s. 509.144, whether or not comprising an element of
  540  the offense.
  541         Section 7. This act shall take effect July 1, 2013.