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. 847.0137 any violation of chapter 827 where 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. 847.003 chapter 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. 847.003 chapter 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, or s. 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; or
314 f. Chapter 827, relating to the abuse of children; or
315 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. 847.001 827.071, 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; or chapter 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;, or with child abuse or,
405 aggravated child abuse, or sexual performance by a child as
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.;, in s. 787.06(3)(b), (d), (f),
425 or (g);, or in chapter 794; or chapter 800;, or of child abuse
426 or, aggravated child abuse, or sexual performance by a child as
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;, or a crime of child abuse or, aggravated child abuse, or
437 sexual 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. 847.0137 847.001, 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; or s. 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. Section 827.071, relating to sexual
492 performance by a child.
493 (qq) Chapter 847, relating to obscenity and child
494 pornography obscene 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. Section 827.071 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. Section 827.071 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. Section 827.071 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, or chapter 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. Section 827.071, 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, or s. 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 depictions images of child pornography; reclassification.—
708 (1) For purposes of this section:
709 (b) “Child pornography” has the same meaning as provided in
710 s. 847.0137 means any image depicting a minor engaged in sexual
711 conduct.
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. Section 827.071 or s. 847.003, relating to
767 sexual performance by a child person 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. 847.003 chapter 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, former or s. 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
1005 chapter 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. 847.0137 means any image depicting a minor engaged in sexual
1014 conduct.
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. 827.071 or 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. 827.071 or
1073 chapter 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 827.071 or 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. 827.071 or 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. 827.071 or
1107 chapter 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. 827.071 chapter 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 attorney attorney’s fees. 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 by
1132 electronic device or equipment prohibited 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 depiction image, 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, a any
1200 person in this state who knew or reasonably should have known
1201 that he or she was transmitting child pornography, as defined in
1202 s. 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, a any
1206 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 another any
1209 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 does section shall not be construed
1212 to prohibit 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 subsection section, for the transmission of child pornography,
1216 as defined in s. 847.001, to another any person 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 subsection section, 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 does The provisions of this section do
1223 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. Section 827.071, 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. 827.071 chapter 827 where 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, or s. 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, or s.
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, or s. 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,
2479 or chapter 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),
2585 transmission of child 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 depiction image or movie of 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 former any provision of s. 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 depiction image or movie, regardless of length, of
2924 child pornography as defined in s. 847.0137 847.001, 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, or s.
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, or s. 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. Section 827.071, 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.
3043 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
3044 827.071(5) 3rd Possess, 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.
3107 827.071(2) & (3) 2nd Use 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.