Florida Senate - 2017                                     SB 608
       
       
        
       By Senator Clemens
       
       31-00401-17                                            2017608__
    1                        A bill to be entitled                      
    2         An act relating to decreasing penalties for certain
    3         criminal acts; amending s. 316.061, F.S.; decreasing
    4         the penalty for a driver of a vehicle involved in a
    5         crash resulting only in damage to a vehicle or other
    6         property if such driver does not stop; amending s.
    7         316.1301, F.S.; deleting a criminal penalty
    8         prohibiting a person on a public street or highway
    9         from carrying a white or white tipped with red cane or
   10         walking stick unless the person is totally or
   11         partially blind; amending s. 316.2956, F.S.;
   12         decreasing the penalty for a person who sells or
   13         installs sunscreening material in violation of
   14         specified provisions; amending s. 316.545, F.S.;
   15         decreasing the penalties for a person who refuses to
   16         submit to the weighing of a vehicle after being
   17         required to do so by an officer; amending s. 316.646,
   18         F.S.; decreasing the penalty for a person who is
   19         required to maintain certain motor vehicle insurance
   20         coverage and who presents proof of insurance knowing
   21         that such insurance is not currently in force;
   22         amending s. 318.14, F.S.; decreasing the penalty for a
   23         person who willfully refuses to accept and to sign a
   24         citation indicating a promise to appear in a hearing;
   25         amending s. 319.33, F.S.; decreasing the penalty for a
   26         person who knowingly and with intent to defraud
   27         commits specified actions with regard to a certificate
   28         of title, registration, bill of sale, or other indicia
   29         of ownership of a motor vehicle or mobile home;
   30         amending s. 322.03, F.S.; decreasing the penalty for a
   31         resident of this state who operates a commercial motor
   32         vehicle without possessing a commercial driver license
   33         under certain circumstances; amending s. 322.055,
   34         F.S.; restricting, rather than revoking, the driver
   35         license or driving privilege of a person to business
   36         or employment purposes only, if the person is 18 years
   37         of age or older, is convicted of certain drug
   38         offenses, and otherwise qualifies for such a license;
   39         authorizing such person to petition for the
   40         restoration of the license or driving privilege;
   41         amending s. 562.111, F.S.; decreasing the penalty for
   42         possession of alcoholic beverages by a person under 21
   43         years of age; amending s. 562.14, F.S.; decreasing the
   44         penalty for selling, consuming, serving, or allowing
   45         to be served in a place having a license between
   46         midnight and 7 a.m. the next day; amending s. 562.50,
   47         F.S.; decreasing the penalty for selling, giving away,
   48         disposing of, exchanging, or bartering certain
   49         beverages or articles with a habitual drunkard after
   50         receiving notice from a family member about such
   51         person’s condition; amending s. 812.014, F.S.;
   52         increasing the minimum monetary value of stolen
   53         property for the crime of grand theft of the third
   54         degree; revising the list of offenses that make up
   55         grand theft of the third degree; decreasing the
   56         penalty for stealing property or a stop sign;
   57         decreasing the penalty for a third or subsequent
   58         offense for petit theft; amending s. 893.13, F.S.;
   59         decreasing the penalty for the possession of 20 grams
   60         or less of cannabis; amending s. 921.0022, F.S.;
   61         conforming provisions to changes made by the act;
   62         conforming cross-references; amending ss. 932.701 and
   63         985.557, F.S.; conforming cross-references; reenacting
   64         ss. 318.18(3)(f) and 318.21(4), F.S., relating to
   65         amounts of penalties and disposition of civil
   66         penalties by county courts, respectively, to
   67         incorporate the amendment made to s. 316.1301, F.S.,
   68         in references thereto; reenacting ss. 316.516(1),
   69         316.655(1), 318.17, and 318.18(4), F.S., relating to
   70         width, height, and length for inspection; penalties;
   71         excepted offenses; and the amount of penalties, to
   72         incorporate the amendment made to s. 316.545, F.S., in
   73         references thereto; reenacting s. 320.02(5)(a),
   74         relating to proof of insurance coverage, to
   75         incorporate the amendment made to s. 316.646, F.S., in
   76         a reference thereto; reenacting ss. 95.18(10),
   77         373.6055(3)(c), 400.9935(3), 409.910(17)(g),
   78         489.126(4), 538.23(2), 550.6305(10), 634.319(2),
   79         634.421(2), 636.238(3), 642.038(2), 705.102(4),
   80         812.015(2), 812.0155(1) and (2), 812.14(4), (7), and
   81         (8), and 893.138(3), F.S., relating to adverse
   82         possession without color of title, felony theft
   83         violations, clinic responsibilities, investigating
   84         suspected criminal violations or fraudulent activity
   85         related to theft, moneys received by contractors,
   86         violations and penalties, theft and penal sanctions
   87         for theft, reporting and accounting for funds,
   88         reporting and accounting for funds, penalties for
   89         specified violations, reporting and accounting for
   90         funds, reporting lost or abandoned property, second or
   91         subsequent conviction for petit theft, suspension of
   92         driver license following an adjudication of guilt for
   93         theft, theft of utility services, and local
   94         administrative action to abate a stolen-property
   95         related public nuisance, respectively, to incorporate
   96         the amendment made to s. 812.014, F.S., in references
   97         thereto; reenacting ss. 397.451(4)(b), 435.07(2),
   98         775.084(1)(a), 810.02(3), 831.311(1), 893.15, and
   99         921.187(1)(l), F.S., relating to background checks of
  100         service provider personnel, exemptions from
  101         disqualifications, the definition of the term
  102         “habitual felony offender,” burglary, prohibited
  103         actions for violations of s. 893.13, F.S.,
  104         rehabilitation, and additional assessments for certain
  105         violations, respectively, to incorporate the amendment
  106         made to s. 893.13, F.S., in references thereto;
  107         providing an effective date.
  108          
  109  Be It Enacted by the Legislature of the State of Florida:
  110  
  111         Section 1. Subsection (1) of section 316.061, Florida
  112  Statutes, is amended to read:
  113         316.061 Crashes involving damage to vehicle or property.—
  114         (1) The driver of any vehicle involved in a crash resulting
  115  only in damage to a vehicle or other property which is driven or
  116  attended by any person shall immediately stop such vehicle at
  117  the scene of such crash or as close thereto as possible, and
  118  shall forthwith return to, and in every event shall remain at,
  119  the scene of the crash until he or she has fulfilled the
  120  requirements of s. 316.062. A person who violates this
  121  subsection commits a noncriminal violation misdemeanor of the
  122  second degree, punishable as provided in s. 775.082 or s.
  123  775.083. Notwithstanding any other provision of this section, $5
  124  shall be added to a fine imposed pursuant to this section, which
  125  $5 shall be deposited in the Emergency Medical Services Trust
  126  Fund.
  127         Section 2. Present subsection (1) of section 316.1301,
  128  Florida Statutes, is amended, and present subsections (2) and
  129  (3) of that section are redesignated as subsections (1) and (2),
  130  respectively, to read:
  131         316.1301 Traffic regulations to assist blind persons.—
  132         (1) It is unlawful for any person, unless totally or
  133  partially blind or otherwise incapacitated, while on any public
  134  street or highway, to carry in a raised or extended position a
  135  cane or walking stick which is white in color or white tipped
  136  with red. A person who is convicted of a violation of this
  137  subsection is guilty of a misdemeanor of the second degree,
  138  punishable as provided in s. 775.082 or s. 775.083.
  139         Section 3. Subsection (3) of section 316.2956, Florida
  140  Statutes, is amended to read:
  141         316.2956 Violation of provisions relating to windshields,
  142  windows, and sunscreening material; penalties.—
  143         (3) Any person who sells or installs sunscreening material
  144  in violation of any provision of ss. 316.2951-316.2955 commits a
  145  noncriminal violation is guilty of a misdemeanor of the second
  146  degree, punishable as provided in s. 775.082 or s. 775.083.
  147         Section 4. Subsection (1) of section 316.545, Florida
  148  Statutes, is amended to read:
  149         316.545 Weight and load unlawful; special fuel and motor
  150  fuel tax enforcement; inspection; penalty; review.—
  151         (1) Any officer of the Florida Highway Patrol having reason
  152  to believe that the weight of a vehicle and load is unlawful is
  153  authorized to require the driver to stop and submit to a
  154  weighing of the same by means of either portable or fixed
  155  scales. Anyone who refuses to submit to such weighing obstructs
  156  an officer pursuant to s. 843.02 and commits a noncriminal
  157  violation is guilty of a misdemeanor of the first degree,
  158  punishable as provided in s. 775.082 or s. 775.083. Anyone who
  159  knowingly and willfully resists, obstructs, or opposes a weight
  160  and safety officer while refusing to submit to such weighing by
  161  resisting the officer with violence to the officer’s person
  162  pursuant to s. 843.01 commits a misdemeanor of the second degree
  163  is guilty of a felony of the third degree, punishable as
  164  provided in s. 775.082 or, s. 775.083, or s. 775.084.
  165         Section 5. Subsection (1) of section 316.646, Florida
  166  Statutes, is republished, and subsection (4) of that section is
  167  amended, to read:
  168         316.646 Security required; proof of security and display
  169  thereof.—
  170         (1) Any person required by s. 324.022 to maintain property
  171  damage liability security, required by s. 324.023 to maintain
  172  liability security for bodily injury or death, or required by s.
  173  627.733 to maintain personal injury protection security on a
  174  motor vehicle shall have in his or her immediate possession at
  175  all times while operating such motor vehicle proper proof of
  176  maintenance of the required security.
  177         (a) Such proof shall be in a uniform paper or electronic
  178  format, as prescribed by the department, a valid insurance
  179  policy, an insurance policy binder, a certificate of insurance,
  180  or such other proof as may be prescribed by the department.
  181         (b)1. The act of presenting to a law enforcement officer an
  182  electronic device displaying proof of insurance in an electronic
  183  format does not constitute consent for the officer to access any
  184  information on the device other than the displayed proof of
  185  insurance.
  186         2. The person who presents the device to the officer
  187  assumes the liability for any resulting damage to the device.
  188         (4) Any person presenting proof of insurance as required in
  189  subsection (1) who knows that the insurance as represented by
  190  such proof of insurance is not currently in force commits a
  191  noncriminal violation is guilty of a misdemeanor of the first
  192  degree, punishable as provided in s. 775.082 or s. 775.083.
  193         Section 6. Subsection (2) of section 318.14, Florida
  194  Statutes, is republished, and subsection (3) of that section is
  195  amended, to read:
  196         318.14 Noncriminal traffic infractions; exception;
  197  procedures.—
  198         (2) Except as provided in ss. 316.1001(2) and 316.0083, any
  199  person cited for a violation requiring a mandatory hearing
  200  listed in s. 318.19 or any other criminal traffic violation
  201  listed in chapter 316 must sign and accept a citation indicating
  202  a promise to appear. The officer may indicate on the traffic
  203  citation the time and location of the scheduled hearing and must
  204  indicate the applicable civil penalty established in s. 318.18.
  205  For all other infractions under this section, except for
  206  infractions under s. 316.1001, the officer must certify by
  207  electronic, electronic facsimile, or written signature that the
  208  citation was delivered to the person cited. This certification
  209  is prima facie evidence that the person cited was served with
  210  the citation.
  211         (3) Any person who willfully refuses to accept and sign a
  212  summons as provided in subsection (2) commits a noncriminal
  213  violation, punishable as provided in s. 775.083 misdemeanor of
  214  the second degree.
  215         Section 7. Subsections (4), (5), and (6) of section 319.33,
  216  Florida Statutes, are reordered and amended to read:
  217         319.33 Offenses involving vehicle identification numbers,
  218  applications, certificates, papers; penalty.—
  219         (6)(4) It is unlawful for any person knowingly and with
  220  intent to defraud to have in his or her possession, sell, offer
  221  to sell, counterfeit, or supply a blank, forged, fictitious,
  222  counterfeit, stolen, or fraudulently or unlawfully obtained
  223  certificate of title, registration, bill of sale, or other
  224  indicia of ownership of a motor vehicle or mobile home or to
  225  conspire to do any of the foregoing. Any person who violates
  226  this subsection commits a misdemeanor of the second degree,
  227  punishable as provided in s. 775.082 or s. 775.083.
  228         (4)(5) It is unlawful for any person, firm, or corporation
  229  to knowingly possess, manufacture, sell or exchange, offer to
  230  sell or exchange, supply in blank, or give away any counterfeit
  231  manufacturer’s or state-assigned identification number plates or
  232  serial plates or any decal used for the purpose of
  233  identification of any motor vehicle; or for any officer, agent,
  234  or employee of any person, firm, or corporation, or any person
  235  who shall authorize, direct, aid in exchange, or give away such
  236  counterfeit manufacturer’s or state-assigned identification
  237  number plates or serial plates or any decal; or conspire to do
  238  any of the foregoing. However, nothing in this subsection shall
  239  be applicable to any approved replacement manufacturer’s or
  240  state-assigned identification number plates or serial plates or
  241  any decal issued by the department or any state.
  242         (5)(6) Any person who violates subsection (1), subsection
  243  (2), subsection (3), or subsection (4) commits any provision of
  244  this section is guilty of a felony of the third degree,
  245  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  246  Any motor vehicle used in violation of this section shall
  247  constitute contraband that which may be seized by a law
  248  enforcement agency and shall be subject to forfeiture
  249  proceedings pursuant to ss. 932.701-932.704. This section is not
  250  exclusive of any other penalties prescribed by any existing or
  251  future laws for the larceny or unauthorized taking of motor
  252  vehicles or mobile homes, but is supplementary thereto.
  253         Section 8. Subsection (3) of section 322.03, Florida
  254  Statutes, is amended to read:
  255         322.03 Drivers must be licensed; penalties.—
  256         (3)(a) The department may not issue a commercial driver
  257  license to any person who is not a resident of this state.
  258         (b) A resident of this state who is required by the laws of
  259  this state to possess a commercial driver license may not
  260  operate a commercial motor vehicle in this state unless he or
  261  she possesses a valid commercial driver license issued by this
  262  state. Except as provided in paragraph (c), any person who
  263  violates this paragraph commits is guilty of a misdemeanor of
  264  the second first degree, punishable as provided in s. 775.082 or
  265  s. 775.083.
  266         (c) Any person whose commercial driver license has been
  267  expired for a period of 30 days or less and who drives a
  268  commercial motor vehicle within this state commits is guilty of
  269  a nonmoving violation, punishable as provided in s. 318.18.
  270         Section 9. Subsection (1) of section 322.055, Florida
  271  Statutes, is amended to read:
  272         322.055 Revocation or suspension of, or delay of
  273  eligibility for, driver license for persons 18 years of age or
  274  older convicted of certain drug offenses.—
  275         (1) Notwithstanding s. 322.28, upon the conviction of a
  276  person 18 years of age or older for possession or sale of,
  277  trafficking in, or conspiracy to possess, sell, or traffic in a
  278  controlled substance, the court shall direct the department to
  279  restrict revoke the person’s driver license or driving privilege
  280  to business or employment purposes only, as defined in s.
  281  322.271, if the person otherwise qualifies for such a license of
  282  the person. The period of such restriction revocation shall be 1
  283  year or until the person is evaluated for and, if deemed
  284  necessary by the evaluating agency, completes a drug treatment
  285  and rehabilitation program approved or regulated by the
  286  Department of Children and Families. However, the court may, in
  287  its sound discretion, direct the department to issue a license
  288  for driving privilege restricted to business or employment
  289  purposes only, as defined by s. 322.271, if the person is
  290  otherwise qualified for such a license. A driver whose license
  291  or driving privilege has been suspended, restricted to business
  292  or employment purposes only, or revoked under this section or s.
  293  322.056 may, upon the expiration of 6 months, petition the
  294  department for restoration of the driving privilege on a
  295  restricted or unrestricted basis depending on length of
  296  suspension or revocation. In no case shall a restricted license
  297  be available until 6 months of the suspension or revocation
  298  period has expired.
  299         Section 10. Subsection (1) of section 562.111, Florida
  300  Statutes, is amended, and subsection (3) of that section is
  301  republished, to read:
  302         562.111 Possession of alcoholic beverages by persons under
  303  age 21 prohibited.—
  304         (1) It is unlawful for any person under the age of 21
  305  years, except a person employed under the provisions of s.
  306  562.13 acting in the scope of her or his employment, to have in
  307  her or his possession alcoholic beverages, except that nothing
  308  contained in this subsection shall preclude the employment of
  309  any person 18 years of age or older in the sale, preparation, or
  310  service of alcoholic beverages in licensed premises in any
  311  establishment licensed by the Division of Alcoholic Beverages
  312  and Tobacco or the Division of Hotels and Restaurants.
  313  Notwithstanding the provisions of s. 562.45, any person under
  314  the age of 21 who is convicted of a violation of this subsection
  315  commits a noncriminal violation is guilty of a misdemeanor of
  316  the second degree, punishable as provided in s. 775.082 or s.
  317  775.083 or by a term of community service determined by a judge,
  318  or both; however, any person under the age of 21 who has been
  319  convicted of a violation of this subsection and who is
  320  thereafter convicted of a further violation of this subsection
  321  is, upon conviction of the further offense, guilty of a
  322  misdemeanor of the first degree, punishable as provided in s.
  323  775.082 or s. 775.083.
  324         (3) In addition to any other penalty imposed for a
  325  violation of subsection (1), the court shall direct the
  326  Department of Highway Safety and Motor Vehicles to withhold
  327  issuance of, or suspend or revoke, the violator’s driver license
  328  or driving privilege, as provided in s. 322.056.
  329         Section 11. Section 562.14, Florida Statutes, is amended to
  330  read:
  331         562.14 Regulating the time for sale of alcoholic and
  332  intoxicating beverages; prohibiting use of licensed premises.—
  333         (1) Except as otherwise provided by county or municipal
  334  ordinance, no alcoholic beverages may not be sold, consumed,
  335  served, or permitted to be served or consumed in any place
  336  holding a license under the division between the hours of
  337  midnight and 7 a.m. of the following day. This section does
  338  shall not apply to railroads selling only to passengers for
  339  consumption on railroad cars. A person who violates this
  340  subsection commits a noncriminal violation, punishable as
  341  provided in s. 775.083.
  342         (2) Except as otherwise provided by county or municipal
  343  ordinance, a no vendor issued an alcoholic beverage license to
  344  sell alcoholic beverages for consumption on the vendor’s
  345  licensed premises and whose principal business is the sale of
  346  alcoholic beverages may not, shall allow the licensed premises,
  347  as defined in s. 561.01(11), to be rented, leased, or otherwise
  348  used during the hours in which the sale of alcoholic beverages
  349  is prohibited. However, this prohibition does shall not apply to
  350  the rental, lease, or other use of the licensed premises on
  351  Sundays after 8 a.m. Further, neither this subsection, nor any
  352  local ordinance adopted pursuant to this subsection, shall be
  353  construed to apply to a theme park complex as defined in s.
  354  565.02(6) or an entertainment/resort complex as defined in s.
  355  561.01(18). A person who violates this subsection commits a
  356  misdemeanor of the second degree, punishable as provided in s.
  357  775.082 or s. 775.083.
  358         (3) The division is not shall not be responsible for the
  359  enforcement of the hours of sale established by county or
  360  municipal ordinance.
  361         (4) Any person violating this section shall be guilty of a
  362  misdemeanor of the second degree, punishable as provided in s.
  363  775.082 or s. 775.083.
  364         Section 12. Section 562.50, Florida Statutes, is amended to
  365  read:
  366         562.50 Habitual drunkards; furnishing intoxicants to, after
  367  notice.—Any person who shall sell, give away, dispose of,
  368  exchange, or barter any alcoholic beverage, or any essence,
  369  extract, bitters, preparation, compound, composition, or any
  370  article whatsoever under any name, label, or brand, which
  371  produces intoxication, to any person habitually addicted to the
  372  use of any or all such intoxicating liquors, after having been
  373  given written notice by wife, husband, father, mother, sister,
  374  brother, child, or nearest relative that said person so addicted
  375  is an habitual drunkard and that the use of intoxicating drink
  376  or drinks is working an injury to the person using said liquors,
  377  or to the person giving said written notice, commits a
  378  noncriminal violation shall be guilty of a misdemeanor of the
  379  second degree, punishable as provided in s. 775.082 or s.
  380  775.083.
  381         Section 13. Paragraph (c) of subsection (2) and paragraph
  382  (c) of subsection (3) of section 812.014, Florida Statutes, are
  383  amended to read:
  384         812.014 Theft.—
  385         (2)
  386         (c)1. It is grand theft of the third degree and a felony of
  387  the third degree, punishable as provided in s. 775.082, s.
  388  775.083, or s. 775.084, if the property stolen is:
  389         a.1. Valued at $1,000 $300 or more, but less than $5,000.
  390         b.2. Valued at $5,000 or more, but less than $10,000.
  391         c.3. Valued at $10,000 or more, but less than $20,000.
  392         4. A will, codicil, or other testamentary instrument.
  393         d.5. A firearm.
  394         e.6. A motor vehicle, except as provided in paragraph (a).
  395         7. Any commercially farmed animal, including any animal of
  396  the equine, bovine, or swine class or other grazing animal; a
  397  bee colony of a registered beekeeper; and aquaculture species
  398  raised at a certified aquaculture facility. If the property
  399  stolen is aquaculture species raised at a certified aquaculture
  400  facility, then a $10,000 fine shall be imposed.
  401         8. Any fire extinguisher.
  402         f.9. Any amount of citrus fruit consisting of 2,000 or more
  403  individual pieces of fruit.
  404         g.10. Taken from a designated construction site identified
  405  by the posting of a sign as provided for in s. 810.09(2)(d).
  406         11. Any stop sign.
  407         h.12. Anhydrous ammonia.
  408         i.13. Any amount of a controlled substance as defined in s.
  409  893.02. Notwithstanding any other law, separate judgments and
  410  sentences for theft of a controlled substance under this sub
  411  subparagraph subparagraph and for any applicable possession of
  412  controlled substance offense under s. 893.13 or trafficking in
  413  controlled substance offense under s. 893.135 may be imposed
  414  when all such offenses involve the same amount or amounts of a
  415  controlled substance.
  416  
  417  However, if the property is stolen within a county that is
  418  subject to a state of emergency declared by the Governor under
  419  chapter 252, the property is stolen after the declaration of
  420  emergency is made, and the perpetration of the theft is
  421  facilitated by conditions arising from the emergency, the
  422  offender commits a felony of the second degree, punishable as
  423  provided in s. 775.082, s. 775.083, or s. 775.084, if the
  424  property is valued at $5,000 or more, but less than $10,000, as
  425  provided under subparagraph 2., or if the property is valued at
  426  $10,000 or more, but less than $20,000, as provided under
  427  subparagraph 3. As used in this paragraph, the term “conditions
  428  arising from the emergency” means civil unrest, power outages,
  429  curfews, voluntary or mandatory evacuations, or a reduction in
  430  the presence of or the response time for first responders or
  431  homeland security personnel. For purposes of sentencing under
  432  chapter 921, a felony offense that is reclassified under this
  433  paragraph is ranked one level above the ranking under s.
  434  921.0022 or s. 921.0023 of the offense committed.
  435         2. A person who steals a commercially farmed animal,
  436  including an animal of the equine, bovine, or swine class or
  437  other grazing animal; a bee colony of a registered beekeeper; or
  438  an aquaculture species raised at a certified aquaculture
  439  facility commits a misdemeanor of the second degree, punishable
  440  as provided in s. 775.082 or s. 775.083. If the property stolen
  441  is an aquaculture species raised at a certified aquaculture
  442  facility, a $10,000 fine shall be imposed.
  443         3. A person who steals a stop sign commits a noncriminal
  444  violation, punishable by a $500 fine.
  445         (3)
  446         (c) A person who commits petit theft and who has previously
  447  been convicted two or more times of any theft commits a
  448  misdemeanor of the second felony of the third degree, punishable
  449  as provided in s. 775.082 or s. 775.083.
  450         Section 14. Paragraph (b) of subsection (6) of section
  451  893.13, Florida Statutes, is amended to read:
  452         893.13 Prohibited acts; penalties.—
  453         (6)
  454         (b) If the offense is the possession of 20 grams or less of
  455  cannabis, as defined in this chapter, the person commits a
  456  noncriminal violation misdemeanor of the first degree,
  457  punishable as provided in s. 775.082 or s. 775.083 or by a term
  458  of community service determined by a judge, or both. As used in
  459  this subsection, the term “cannabis” does not include the resin
  460  extracted from the plants of the genus Cannabis, or any compound
  461  manufacture, salt, derivative, mixture, or preparation of such
  462  resin.
  463         Section 15. Paragraphs (a) through (d) of subsection (3) of
  464  section 921.0022, Florida Statutes, are amended to read:
  465         921.0022 Criminal Punishment Code; offense severity ranking
  466  chart.—
  467         (3) OFFENSE SEVERITY RANKING CHART
  468         (a) LEVEL 1
  469  
  470  FloridaStatute          FelonyDegree          Description          
  471  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
  472  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
  473  212.15(2)(b)                3rd     Failure to remit sales taxes, amount greater than $300 but less than $20,000.
  474  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
  475  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
  476  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
  477  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
  478  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  479  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
  480  322.212(5)(a)               3rd     False application for driver license or identification card.
  481  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  482  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
  483  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value greater than $300.
  484  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
  485  562.27(1)                   3rd     Possess still or still apparatus.
  486  713.69                      3rd     Tenant removes property upon which lien has accrued, value more than $50.
  487  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
  488  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
  489  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
  490  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
  491  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
  492  826.01                      3rd     Bigamy.                        
  493  828.122(3)                  3rd     Fighting or baiting animals.   
  494  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  495  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  496  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
  497  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
  498  838.15(2)                   3rd     Commercial bribe receiving.    
  499  838.16                      3rd     Commercial bribery.            
  500  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
  501  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  502  849.01                      3rd     Keeping gambling house.        
  503  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
  504  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
  505  849.25(2)                   3rd     Engaging in bookmaking.        
  506  860.08                      3rd     Interfere with a railroad signal.
  507  860.13(1)(a)                3rd     Operate aircraft while under the influence.
  508  893.13(2)(a)2.              3rd     Purchase of cannabis.          
  509  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
  510  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
  511         (b) LEVEL 2
  512  
  513  FloridaStatute             FelonyDegree        Description        
  514  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  515  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  516  403.413(6)(c)                  3rd     Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
  517  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
  518  590.28(1)                      3rd     Intentional burning of lands.
  519  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  520  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  521  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  522  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  523  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
  524  812.014(2)(c)1.a.812.014(2)(c)1.    3rd     Grand theft, 3rd degree; $1,000 $300 or more but less than $5,000.
  525  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
  526  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  527  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
  528  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  529  817.52(3)                      3rd     Failure to redeliver hired vehicle.
  530  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  531  817.60(5)                      3rd     Dealing in credit cards of another.
  532  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
  533  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  534  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
  535  831.01                         3rd     Forgery.                   
  536  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  537  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
  538  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  539  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  540  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  541  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
  542  843.08                         3rd     False personation.         
  543  893.13(2)(a)2.                 3rd     Purchase of any 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 other than cannabis.
  544  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
  545         (c) LEVEL 3
  546  
  547  FloridaStatute           FelonyDegree         Description          
  548  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  549  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  550  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  551  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  552  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  553  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  554  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  555  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  556  327.35(2)(b)                 3rd     Felony BUI.                   
  557  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  558  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  559  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  560  379.2431 (1)(e)5.            3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  561  379.2431 (1)(e)6.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  562  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  563  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  564  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  565  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  566  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  567  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  568  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  569  697.08                       3rd     Equity skimming.              
  570  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  571  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  572  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  573  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  574  812.014(2)(c)1.b.812.014(2)(c)2.    3rd     Grand theft; $5,000 or more but less than $10,000.
  575  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  576  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
  577  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  578  817.233                      3rd     Burning to defraud insurer.   
  579  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  580  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  581  817.236                      3rd     Filing a false motor vehicle insurance application.
  582  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  583  817.413(2)                   3rd     Sale of used goods as new.    
  584  817.505(4)                   3rd     Patient brokering.            
  585  828.12(2)                    3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  586  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  587  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  588  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  589  843.19                       3rd     Injure, disable, or kill police dog or horse.
  590  860.15(3)                    3rd     Overcharging for repairs and parts.
  591  870.01(2)                    3rd     Riot; inciting or encouraging.
  592  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  593  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
  594  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
  595  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  596  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  597  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  598  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  599  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  600  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  601  893.13(8)(a)1.               3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  602  893.13(8)(a)2.               3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  603  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  604  893.13(8)(a)4.               3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  605  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
  606  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  607  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  608  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  609         (d) LEVEL 4
  610  
  611  FloridaStatute              FelonyDegree        Description        
  612  316.1935(3)(a)                   2nd     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.
  613  499.0051(1)                      3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  614  499.0051(5)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  615  517.07(1)                        3rd     Failure to register securities.
  616  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
  617  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
  618  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
  619  784.075                          3rd     Battery on detention or commitment facility staff.
  620  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  621  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
  622  784.081(3)                       3rd     Battery on specified official or employee.
  623  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
  624  784.083(3)                       3rd     Battery on code inspector.
  625  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  626  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
  627  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  628  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  629  787.07                           3rd     Human smuggling.          
  630  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  631  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  632  790.115(2)(c)                    3rd     Possessing firearm on school property.
  633  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
  634  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  635  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  636  810.06                           3rd     Burglary; possession of tools.
  637  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
  638  812.014(2)(c)1.c.812.014(2)(c)3.     3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  639  812.014(2)(c)1.d.-g.812.014 (2)(c)4.-10.     3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, citrus fruit, construction site property livestock, etc.
  640  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  641  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  642  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
  643  817.625(2)(a)                    3rd     Fraudulent use of scanning device or reencoder.
  644  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  645  837.02(1)                        3rd     Perjury in official proceedings.
  646  837.021(1)                       3rd     Make contradictory statements in official proceedings.
  647  838.022                          3rd     Official misconduct.      
  648  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
  649  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
  650  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
  651  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  652  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  653  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  654  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
  655  893.13(2)(a)1.                   2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
  656  914.14(2)                        3rd     Witnesses accepting bribes.
  657  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
  658  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  659  918.12                           3rd     Tampering with jurors.    
  660  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
  661         Section 16. Paragraph (a) of subsection (2) of section
  662  932.701, Florida Statutes, is amended to read:
  663         932.701 Short title; definitions.—
  664         (2) As used in the Florida Contraband Forfeiture Act:
  665         (a) “Contraband article” means:
  666         1. Any controlled substance as defined in chapter 893 or
  667  any substance, device, paraphernalia, or currency or other means
  668  of exchange that was used, was attempted to be used, or was
  669  intended to be used in violation of any provision of chapter
  670  893, if the totality of the facts presented by the state is
  671  clearly sufficient to meet the state’s burden of establishing
  672  probable cause to believe that a nexus exists between the
  673  article seized and the narcotics activity, whether or not the
  674  use of the contraband article can be traced to a specific
  675  narcotics transaction.
  676         2. Any gambling paraphernalia, lottery tickets, money,
  677  currency, or other means of exchange which was used, was
  678  attempted, or intended to be used in violation of the gambling
  679  laws of the state.
  680         3. Any equipment, liquid or solid, which was being used, is
  681  being used, was attempted to be used, or intended to be used in
  682  violation of the beverage or tobacco laws of the state.
  683         4. Any motor fuel upon which the motor fuel tax has not
  684  been paid as required by law.
  685         5. Any personal property, including, but not limited to,
  686  any vessel, aircraft, item, object, tool, substance, device,
  687  weapon, machine, vehicle of any kind, money, securities, books,
  688  records, research, negotiable instruments, or currency, which
  689  was used or was attempted to be used as an instrumentality in
  690  the commission of, or in aiding or abetting in the commission
  691  of, any felony, whether or not comprising an element of the
  692  felony, or which is acquired by proceeds obtained as a result of
  693  a violation of the Florida Contraband Forfeiture Act.
  694         6. Any real property, including any right, title,
  695  leasehold, or other interest in the whole of any lot or tract of
  696  land, which was used, is being used, or was attempted to be used
  697  as an instrumentality in the commission of, or in aiding or
  698  abetting in the commission of, any felony, or which is acquired
  699  by proceeds obtained as a result of a violation of the Florida
  700  Contraband Forfeiture Act.
  701         7. Any personal property, including, but not limited to,
  702  equipment, money, securities, books, records, research,
  703  negotiable instruments, currency, or any vessel, aircraft, item,
  704  object, tool, substance, device, weapon, machine, or vehicle of
  705  any kind in the possession of or belonging to any person who
  706  takes aquaculture products in violation of s. 812.014(2)(c)2. s.
  707  812.014(2)(c).
  708         8. Any motor vehicle offered for sale in violation of s.
  709  320.28.
  710         9. Any motor vehicle used during the course of committing
  711  an offense in violation of s. 322.34(9)(a).
  712         10. Any photograph, film, or other recorded image,
  713  including an image recorded on videotape, a compact disc,
  714  digital tape, or fixed disk, that is recorded in violation of s.
  715  810.145 and is possessed for the purpose of amusement,
  716  entertainment, sexual arousal, gratification, or profit, or for
  717  the purpose of degrading or abusing another person.
  718         11. Any real property, including any right, title,
  719  leasehold, or other interest in the whole of any lot or tract of
  720  land, which is acquired by proceeds obtained as a result of
  721  Medicaid fraud under s. 409.920 or s. 409.9201; any personal
  722  property, including, but not limited to, equipment, money,
  723  securities, books, records, research, negotiable instruments, or
  724  currency; or any vessel, aircraft, item, object, tool,
  725  substance, device, weapon, machine, or vehicle of any kind in
  726  the possession of or belonging to any person which is acquired
  727  by proceeds obtained as a result of Medicaid fraud under s.
  728  409.920 or s. 409.9201.
  729         12. Any personal property, including, but not limited to,
  730  any vehicle, item, object, tool, device, weapon, machine, money,
  731  security, book, or record, that is used or attempted to be used
  732  as an instrumentality in the commission of, or in aiding and
  733  abetting in the commission of, a person’s third or subsequent
  734  violation of s. 509.144, whether or not comprising an element of
  735  the offense.
  736         Section 17. Paragraph (a) of subsection (1) and paragraph
  737  (c) of subsection (2) of section 985.557, Florida Statutes, are
  738  amended to read:
  739         985.557 Direct filing of an information; discretionary and
  740  mandatory criteria.—
  741         (1) DISCRETIONARY DIRECT FILE.—
  742         (a) With respect to any child who was 14 or 15 years of age
  743  at the time the alleged offense was committed, the state
  744  attorney may file an information when in the state attorney’s
  745  judgment and discretion the public interest requires that adult
  746  sanctions be considered or imposed and when the offense charged
  747  is for the commission of, attempt to commit, or conspiracy to
  748  commit:
  749         1. Arson;
  750         2. Sexual battery;
  751         3. Robbery;
  752         4. Kidnapping;
  753         5. Aggravated child abuse;
  754         6. Aggravated assault;
  755         7. Aggravated stalking;
  756         8. Murder;
  757         9. Manslaughter;
  758         10. Unlawful throwing, placing, or discharging of a
  759  destructive device or bomb;
  760         11. Armed burglary in violation of s. 810.02(2)(b) or
  761  specified burglary of a dwelling or structure in violation of s.
  762  810.02(2)(c), or burglary with an assault or battery in
  763  violation of s. 810.02(2)(a);
  764         12. Aggravated battery;
  765         13. Any lewd or lascivious offense committed upon or in the
  766  presence of a person less than 16 years of age;
  767         14. Carrying, displaying, using, threatening, or attempting
  768  to use a weapon or firearm during the commission of a felony;
  769         15. Grand theft in violation of s. 812.014(2)(a);
  770         16. Possessing or discharging any weapon or firearm on
  771  school property in violation of s. 790.115;
  772         17. Home invasion robbery;
  773         18. Carjacking; or
  774         19. Grand theft of a motor vehicle in violation of s.
  775  812.014(2)(c)1.e. s. 812.014(2)(c)6. or grand theft of a motor
  776  vehicle valued at $20,000 or more in violation of s.
  777  812.014(2)(b) if the child has a previous adjudication for grand
  778  theft of a motor vehicle in violation of s. 812.014(2)(c)1.e. s.
  779  812.014(2)(c)6. or s. 812.014(2)(b).
  780         (2) MANDATORY DIRECT FILE.—
  781         (c) The state attorney must file an information if a child,
  782  regardless of the child’s age at the time the alleged offense
  783  was committed, is alleged to have committed an act that would be
  784  a violation of law if the child were an adult, that involves
  785  stealing a motor vehicle, including, but not limited to, a
  786  violation of s. 812.133, relating to carjacking, or s.
  787  812.014(2)(c)1.e. s. 812.014(2)(c)6., relating to grand theft of
  788  a motor vehicle, and while the child was in possession of the
  789  stolen motor vehicle the child caused serious bodily injury to
  790  or the death of a person who was not involved in the underlying
  791  offense. For purposes of this section, the driver and all
  792  willing passengers in the stolen motor vehicle at the time such
  793  serious bodily injury or death is inflicted shall also be
  794  subject to mandatory transfer to adult court. “Stolen motor
  795  vehicle,” for the purposes of this section, means a motor
  796  vehicle that has been the subject of any criminal wrongful
  797  taking. For purposes of this section, “willing passengers” means
  798  all willing passengers who have participated in the underlying
  799  offense.
  800         Section 18. For the purpose of incorporating the amendment
  801  made by this act to section 316.1301, Florida Statutes, in a
  802  reference thereto, paragraph (f) of subsection (3) of section
  803  318.18, Florida Statutes, is reenacted to read:
  804         318.18 Amount of penalties.—The penalties required for a
  805  noncriminal disposition pursuant to s. 318.14 or a criminal
  806  offense listed in s. 318.17 are as follows:
  807         (3)
  808         (f) If a violation of s. 316.1301 or s. 316.1303(1) results
  809  in an injury to the pedestrian or damage to the property of the
  810  pedestrian, an additional fine of up to $250 shall be paid. This
  811  amount must be distributed pursuant to s. 318.21.
  812         Section 19. For the purpose of incorporating the amendment
  813  made by this act to section 316.1301, Florida Statutes, in a
  814  reference thereto, subsection (4) of section 318.21, Florida
  815  Statutes, is reenacted to read:
  816         318.21 Disposition of civil penalties by county courts.—All
  817  civil penalties received by a county court pursuant to the
  818  provisions of this chapter shall be distributed and paid monthly
  819  as follows:
  820         (4) Of the additional fine assessed under s. 318.18(3)(f)
  821  for a violation of s. 316.1301, 40 percent must be remitted to
  822  the Department of Revenue for deposit in the Grants and
  823  Donations Trust Fund of the Division of Blind Services of the
  824  Department of Education, and 60 percent must be distributed
  825  pursuant to subsections (1) and (2).
  826         Section 20. For the purpose of incorporating the amendment
  827  made by this act to section 316.545, Florida Statutes, in a
  828  reference thereto, subsection (1) of section 316.516, Florida
  829  Statutes, is reenacted to read:
  830         316.516 Width, height, and length; inspection; penalties.—
  831         (1) Any law enforcement officer, as prescribed in s.
  832  316.640, or any weight inspector of the Department of
  833  Transportation, as prescribed in s. 316.545(1), who has reason
  834  to believe that the width, height, or length of a vehicle or
  835  combination of vehicles and the load thereon is not in
  836  conformance with s. 316.515 is authorized to require the driver
  837  to stop and submit such vehicle and load to measurement of its
  838  width, height, or length.
  839         Section 21. For the purpose of incorporating the amendment
  840  made by this act to section 316.545, Florida Statutes, in a
  841  reference thereto, subsection (1) of section 316.655, Florida
  842  Statutes, is reenacted to read:
  843         316.655 Penalties.—
  844         (1) A violation of any of the provisions of this chapter,
  845  except those violations with a specific criminal charge, as
  846  enumerated in s. 318.17, are infractions, as defined in s.
  847  318.13(3). Except for violations of s. 316.302, infractions of
  848  this chapter are punishable as provided in chapter 318. Any
  849  person convicted of a violation of or otherwise found to be in
  850  violation of s. 316.063, s. 316.3025, s. 316.516, s. 316.545, or
  851  s. 316.550 shall be punished as specifically provided in that
  852  section.
  853         Section 22. For the purpose of incorporating the amendment
  854  made by this act to section 316.545, Florida Statutes, in a
  855  reference thereto, section 318.17, Florida Statutes, is
  856  reenacted to read:
  857         318.17 Offenses excepted.—No provision of this chapter is
  858  available to a person who is charged with any of the following
  859  offenses:
  860         (1) Fleeing or attempting to elude a police officer, in
  861  violation of s. 316.1935;
  862         (2) Leaving the scene of a crash, in violation of ss.
  863  316.027 and 316.061;
  864         (3) Driving, or being in actual physical control of, any
  865  vehicle while under the influence of alcoholic beverages, any
  866  chemical substance set forth in s. 877.111, or any substance
  867  controlled under chapter 893, in violation of s. 316.193, or
  868  driving with an unlawful blood-alcohol level;
  869         (4) Reckless driving, in violation of s. 316.192;
  870         (5) Making false crash reports, in violation of s. 316.067;
  871         (6) Willfully failing or refusing to comply with any lawful
  872  order or direction of any police officer or member of the fire
  873  department, in violation of s. 316.072(3);
  874         (7) Obstructing an officer, in violation of s. 316.545(1);
  875  or
  876         (8) Any other offense in chapter 316 which is classified as
  877  a criminal violation.
  878         Section 23. For the purpose of incorporating the amendment
  879  made by this act to section 316.545, Florida Statutes, in a
  880  reference thereto, subsection (4) of section 318.18, Florida
  881  Statutes, is reenacted to read:
  882         318.18 Amount of penalties.—The penalties required for a
  883  noncriminal disposition pursuant to s. 318.14 or a criminal
  884  offense listed in s. 318.17 are as follows:
  885         (4) The penalty imposed under s. 316.545 shall be
  886  determined by the officer in accordance with the provisions of
  887  ss. 316.535 and 316.545.
  888         Section 24. For the purpose of incorporating the amendment
  889  made by this act to section 316.646, Florida Statutes, in a
  890  reference thereto, paragraph (a) of subsection (5) of section
  891  320.02, Florida Statutes, is reenacted to read:
  892         320.02 Registration required; application for registration;
  893  forms.—
  894         (5)(a) Proof that personal injury protection benefits have
  895  been purchased if required under s. 627.733, that property
  896  damage liability coverage has been purchased as required under
  897  s. 324.022, that bodily injury or death coverage has been
  898  purchased if required under s. 324.023, and that combined bodily
  899  liability insurance and property damage liability insurance have
  900  been purchased if required under s. 627.7415 shall be provided
  901  in the manner prescribed by law by the applicant at the time of
  902  application for registration of any motor vehicle that is
  903  subject to such requirements. The issuing agent shall refuse to
  904  issue registration if such proof of purchase is not provided.
  905  Insurers shall furnish uniform proof-of-purchase cards in a
  906  paper or electronic format in a form prescribed by the
  907  department and include the name of the insured’s insurance
  908  company, the coverage identification number, and the make, year,
  909  and vehicle identification number of the vehicle insured. The
  910  card must contain a statement notifying the applicant of the
  911  penalty specified under s. 316.646(4). The card or insurance
  912  policy, insurance policy binder, or certificate of insurance or
  913  a photocopy of any of these; an affidavit containing the name of
  914  the insured’s insurance company, the insured’s policy number,
  915  and the make and year of the vehicle insured; or such other
  916  proof as may be prescribed by the department shall constitute
  917  sufficient proof of purchase. If an affidavit is provided as
  918  proof, it must be in substantially the following form:
  919  
  920  Under penalty of perjury, I ...(Name of insured)... do hereby
  921  certify that I have ...(Personal Injury Protection, Property
  922  Damage Liability, and, if required, Bodily Injury Liability)...
  923  Insurance currently in effect with ...(Name of insurance
  924  company)... under ...(policy number)... covering ...(make, year,
  925  and vehicle identification number of vehicle).... ...(Signature
  926  of Insured)...
  927  
  928  Such affidavit must include the following warning:
  929  
  930  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  931  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  932  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  933  SUBJECT TO PROSECUTION.
  934  
  935  If an application is made through a licensed motor vehicle
  936  dealer as required under s. 319.23, the original or a
  937  photostatic copy of such card, insurance policy, insurance
  938  policy binder, or certificate of insurance or the original
  939  affidavit from the insured shall be forwarded by the dealer to
  940  the tax collector of the county or the Department of Highway
  941  Safety and Motor Vehicles for processing. By executing the
  942  aforesaid affidavit, no licensed motor vehicle dealer will be
  943  liable in damages for any inadequacy, insufficiency, or
  944  falsification of any statement contained therein. A card must
  945  also indicate the existence of any bodily injury liability
  946  insurance voluntarily purchased.
  947         Section 25. For the purpose of incorporating the amendment
  948  made by this act to section 812.014, Florida Statutes, in a
  949  reference thereto, subsection (10) of section 95.18, Florida
  950  Statutes, is reenacted to read:
  951         95.18 Real property actions; adverse possession without
  952  color of title.—
  953         (10) A person who occupies or attempts to occupy a
  954  residential structure solely by claim of adverse possession
  955  under this section and offers the property for lease to another
  956  commits theft under s. 812.014.
  957         Section 26. For the purpose of incorporating the amendment
  958  made by this act to section 812.014, Florida Statutes, in a
  959  reference thereto, paragraph (c) of subsection (3) of section
  960  373.6055, Florida Statutes, is reenacted to read:
  961         373.6055 Criminal history checks for certain water
  962  management district employees and others.—
  963         (3)
  964         (c) In addition to other requirements for employment or
  965  access established by any water management district pursuant to
  966  its water management district’s security plan for buildings,
  967  facilities, and structures, each water management district’s
  968  security plan shall provide that:
  969         1. Any person who has within the past 7 years been
  970  convicted, regardless of whether adjudication was withheld, for
  971  a forcible felony as defined in s. 776.08; an act of terrorism
  972  as defined in s. 775.30; planting of a hoax bomb as provided in
  973  s. 790.165; any violation involving the manufacture, possession,
  974  sale, delivery, display, use, or attempted or threatened use of
  975  a weapon of mass destruction or hoax weapon of mass destruction
  976  as provided in s. 790.166; dealing in stolen property; any
  977  violation of s. 893.135; any violation involving the sale,
  978  manufacturing, delivery, or possession with intent to sell,
  979  manufacture, or deliver a controlled substance; burglary;
  980  robbery; any felony violation of s. 812.014; any violation of s.
  981  790.07; any crime an element of which includes use or possession
  982  of a firearm; any conviction for any similar offenses under the
  983  laws of another jurisdiction; or conviction for conspiracy to
  984  commit any of the listed offenses may not be qualified for
  985  initial employment within or authorized regular access to
  986  buildings, facilities, or structures defined in the water
  987  management district’s security plan as restricted access areas.
  988         2. Any person who has at any time been convicted of any of
  989  the offenses listed in subparagraph 1. may not be qualified for
  990  initial employment within or authorized regular access to
  991  buildings, facilities, or structures defined in the water
  992  management district’s security plan as restricted access areas
  993  unless, after release from incarceration and any supervision
  994  imposed as a sentence, the person remained free from a
  995  subsequent conviction, regardless of whether adjudication was
  996  withheld, for any of the listed offenses for a period of at
  997  least 7 years prior to the employment or access date under
  998  consideration.
  999         Section 27. For the purpose of incorporating the amendment
 1000  made by this act to section 812.014, Florida Statutes, in a
 1001  reference thereto, subsection (3) of section 400.9935, Florida
 1002  Statutes, is reenacted to read:
 1003         400.9935 Clinic responsibilities.—
 1004         (3) A charge or reimbursement claim made by or on behalf of
 1005  a clinic that is required to be licensed under this part but
 1006  that is not so licensed, or that is otherwise operating in
 1007  violation of this part, regardless of whether a service is
 1008  rendered or whether the charge or reimbursement claim is paid,
 1009  is an unlawful charge and is noncompensable and unenforceable. A
 1010  person who knowingly makes or causes to be made an unlawful
 1011  charge commits theft within the meaning of and punishable as
 1012  provided in s. 812.014.
 1013         Section 28. For the purpose of incorporating the amendment
 1014  made by this act to section 812.014, Florida Statutes, in a
 1015  reference thereto, paragraph (g) of subsection (17) of section
 1016  409.910, Florida Statutes, is reenacted to read:
 1017         409.910 Responsibility for payments on behalf of Medicaid
 1018  eligible persons when other parties are liable.—
 1019         (17)
 1020         (g) The agency may investigate and request appropriate
 1021  officers or agencies of the state to investigate suspected
 1022  criminal violations or fraudulent activity related to third
 1023  party benefits, including, without limitation, ss. 414.39 and
 1024  812.014. Such requests may be directed, without limitation, to
 1025  the Medicaid Fraud Control Unit of the Office of the Attorney
 1026  General or to any state attorney. Pursuant to s. 409.913, the
 1027  Attorney General has primary responsibility to investigate and
 1028  control Medicaid fraud.
 1029         Section 29. For the purpose of incorporating the amendment
 1030  made by this act to section 812.014, Florida Statutes, in a
 1031  reference thereto, subsection (4) of section 489.126, Florida
 1032  Statutes, is reenacted to read:
 1033         489.126 Moneys received by contractors.—
 1034         (4) Any person who violates any provision of this section
 1035  is guilty of theft and shall be prosecuted and punished under s.
 1036  812.014.
 1037         Section 30. For the purpose of incorporating the amendment
 1038  made by this act to section 812.014, Florida Statutes, in a
 1039  reference thereto, subsection (2) of section 538.23, Florida
 1040  Statutes, is reenacted to read:
 1041         538.23 Violations and penalties.—
 1042         (2) A secondary metals recycler is presumed to know upon
 1043  receipt of stolen regulated metals property in a purchase
 1044  transaction that the regulated metals property has been stolen
 1045  from another if the secondary metals recycler knowingly and
 1046  intentionally fails to maintain the information required in s.
 1047  538.19 and shall, upon conviction of a violation of s. 812.015,
 1048  be punished as provided in s. 812.014(2) or (3).
 1049         Section 31. For the purpose of incorporating the amendment
 1050  made by this act to section 812.014, Florida Statutes, in a
 1051  reference thereto, subsection (10) of section 550.6305, Florida
 1052  Statutes, is reenacted to read:
 1053         550.6305 Intertrack wagering; guest track payments;
 1054  accounting rules.—
 1055         (10) All races or games conducted at a permitholder’s
 1056  facility, all broadcasts of such races or games, and all
 1057  broadcast rights relating thereto are owned by the permitholder
 1058  at whose facility such races or games are conducted and
 1059  constitute the permitholder’s property as defined in s.
 1060  812.012(4). Transmission, reception of a transmission,
 1061  exhibition, use, or other appropriation of such races or games,
 1062  broadcasts of such races or games, or broadcast rights relating
 1063  thereto without the written consent of the permitholder
 1064  constitutes a theft of such property under s. 812.014; and in
 1065  addition to the penal sanctions contained in s. 812.014, the
 1066  permitholder has the right to avail itself of the civil remedies
 1067  specified in ss. 772.104, 772.11, and 812.035 in addition to any
 1068  other remedies available under applicable state or federal law.
 1069         Section 32. For the purpose of incorporating the amendment
 1070  made by this act to section 812.014, Florida Statutes, in a
 1071  reference thereto, subsection (2) of section 634.319, Florida
 1072  Statutes, is reenacted to read:
 1073         634.319 Reporting and accounting for funds.—
 1074         (2) Any sales representative who, not being entitled
 1075  thereto, diverts or appropriates such funds or any portion
 1076  thereof to her or his own use is, upon conviction, guilty of
 1077  theft, punishable as provided in s. 812.014.
 1078         Section 33. For the purpose of incorporating the amendment
 1079  made by this act to section 812.014, Florida Statutes, in a
 1080  reference thereto, subsection (2) of section 634.421, Florida
 1081  Statutes, is reenacted to read:
 1082         634.421 Reporting and accounting for funds.—
 1083         (2) Any sales representative who, not being entitled
 1084  thereto, diverts or appropriates funds or any portion thereof to
 1085  her or his own use commits theft as provided in s. 812.014.
 1086         Section 34. For the purpose of incorporating the amendment
 1087  made by this act to section 812.014, Florida Statutes, in a
 1088  reference thereto, subsection (3) of section 636.238, Florida
 1089  Statutes, is reenacted to read:
 1090         636.238 Penalties for violation of this part.—
 1091         (3) A person who collects fees for purported membership in
 1092  a discount medical plan but purposefully fails to provide the
 1093  promised benefits commits a theft, punishable as provided in s.
 1094  812.014.
 1095         Section 35. For the purpose of incorporating the amendment
 1096  made by this act to section 812.014, Florida Statutes, in a
 1097  reference thereto, subsection (2) of section 642.038, Florida
 1098  Statutes, is reenacted to read:
 1099         642.038 Reporting and accounting for funds.—
 1100         (2) Any sales representative who, not being entitled
 1101  thereto, diverts or appropriates such funds or any portion
 1102  thereof to his or her own use commits theft as provided in s.
 1103  812.014.
 1104         Section 36. For the purpose of incorporating the amendment
 1105  made by this act to section 812.014, Florida Statutes, in a
 1106  reference thereto, subsection (4) of section 705.102, Florida
 1107  Statutes, is reenacted to read:
 1108         705.102 Reporting lost or abandoned property.—
 1109         (4) Any person who unlawfully appropriates such lost or
 1110  abandoned property to his or her own use or refuses to deliver
 1111  such property when required commits theft as defined in s.
 1112  812.014, punishable as provided in s. 775.082, s. 775.083, or s.
 1113  775.084.
 1114         Section 37. For the purpose of incorporating the amendment
 1115  made by this act to section 812.014, Florida Statutes, in a
 1116  reference thereto, subsection (2) of section 812.015, Florida
 1117  Statutes, is reenacted to read:
 1118         812.015 Retail and farm theft; transit fare evasion;
 1119  mandatory fine; alternative punishment; detention and arrest;
 1120  exemption from liability for false arrest; resisting arrest;
 1121  penalties.—
 1122         (2) Upon a second or subsequent conviction for petit theft
 1123  from a merchant, farmer, or transit agency, the offender shall
 1124  be punished as provided in s. 812.014(3), except that the court
 1125  shall impose a fine of not less than $50 or more than $1,000.
 1126  However, in lieu of such fine, the court may require the
 1127  offender to perform public services designated by the court. In
 1128  no event shall any such offender be required to perform fewer
 1129  than the number of hours of public service necessary to satisfy
 1130  the fine assessed by the court, as provided by this subsection,
 1131  at the minimum wage prevailing in the state at the time of
 1132  sentencing.
 1133         Section 38. For the purpose of incorporating the amendment
 1134  made by this act to section 812.014, Florida Statutes, in
 1135  references thereto, subsections (1) and (2) of section 812.0155,
 1136  Florida Statutes, are reenacted to read:
 1137         812.0155 Suspension of driver license following an
 1138  adjudication of guilt for theft.—
 1139         (1) Except as provided in subsections (2) and (3), the
 1140  court may order the suspension of the driver license of each
 1141  person adjudicated guilty of any misdemeanor violation of s.
 1142  812.014 or s. 812.015, regardless of the value of the property
 1143  stolen. Upon ordering the suspension of the driver license of
 1144  the person adjudicated guilty, the court shall forward the
 1145  driver license of the person adjudicated guilty to the
 1146  Department of Highway Safety and Motor Vehicles in accordance
 1147  with s. 322.25.
 1148         (a) The first suspension of a driver license under this
 1149  subsection shall be for a period of up to 6 months.
 1150         (b) A second or subsequent suspension of a driver license
 1151  under this subsection shall be for 1 year.
 1152         (2) The court may revoke, suspend, or withhold issuance of
 1153  a driver license of a person less than 18 years of age who
 1154  violates s. 812.014 or s. 812.015 as an alternative to
 1155  sentencing the person to:
 1156         (a) Probation as defined in s. 985.03 or commitment to the
 1157  Department of Juvenile Justice, if the person is adjudicated
 1158  delinquent for such violation and has not previously been
 1159  convicted of or adjudicated delinquent for any criminal offense,
 1160  regardless of whether adjudication was withheld.
 1161         (b) Probation as defined in s. 985.03, commitment to the
 1162  Department of Juvenile Justice, probation as defined in chapter
 1163  948, community control, or incarceration, if the person is
 1164  convicted as an adult of such violation and has not previously
 1165  been convicted of or adjudicated delinquent for any criminal
 1166  offense, regardless of whether adjudication was withheld.
 1167         Section 39. For the purpose of incorporating the amendment
 1168  made by this act to section 812.014, Florida Statutes, in
 1169  references thereto, subsections (4), (7), and (8) of section
 1170  812.14, Florida Statutes, are reenacted to read:
 1171         812.14 Trespass and larceny with relation to utility
 1172  fixtures; theft of utility services.—
 1173         (4) A person who willfully violates paragraph (2)(a),
 1174  paragraph (2)(b), or paragraph (2)(c) commits theft, punishable
 1175  as provided in s. 812.014.
 1176         (7) A person who willfully violates subsection (5) commits
 1177  a misdemeanor of the first degree, punishable as provided in s.
 1178  775.082 or s. 775.083. Prosecution for a violation of subsection
 1179  (5) does not preclude prosecution for theft pursuant to
 1180  subsection (8) or s. 812.014.
 1181         (8) Theft of utility services for the purpose of
 1182  facilitating the manufacture of a controlled substance is theft,
 1183  punishable as provided in s. 812.014.
 1184         Section 40. For the purpose of incorporating the amendment
 1185  made by this act to section 812.014, Florida Statutes, in a
 1186  reference thereto, subsection (3) of section 893.138, Florida
 1187  Statutes, is reenacted to read:
 1188         893.138 Local administrative action to abate drug-related,
 1189  prostitution-related, or stolen-property-related public
 1190  nuisances and criminal gang activity.—
 1191         (3) Any pain-management clinic, as described in s. 458.3265
 1192  or s. 459.0137, which has been used on more than two occasions
 1193  within a 6-month period as the site of a violation of:
 1194         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
 1195  relating to assault and battery;
 1196         (b) Section 810.02, relating to burglary;
 1197         (c) Section 812.014, relating to theft;
 1198         (d) Section 812.131, relating to robbery by sudden
 1199  snatching; or
 1200         (e) Section 893.13, relating to the unlawful distribution
 1201  of controlled substances,
 1202  
 1203  may be declared to be a public nuisance, and such nuisance may
 1204  be abated pursuant to the procedures provided in this section.
 1205         Section 41. For the purpose of incorporating the amendment
 1206  made by this act to section 893.13, Florida Statutes, in a
 1207  reference thereto, paragraph (b) of subsection (4) of section
 1208  397.451, Florida Statutes, is reenacted to read:
 1209         397.451 Background checks of service provider personnel.—
 1210         (4) EXEMPTIONS FROM DISQUALIFICATION.—
 1211         (b) Since rehabilitated substance abuse impaired persons
 1212  are effective in the successful treatment and rehabilitation of
 1213  individuals with substance use disorders, for service providers
 1214  which treat adolescents 13 years of age and older, service
 1215  provider personnel whose background checks indicate crimes under
 1216  s. 817.563, s. 893.13, or s. 893.147 may be exempted from
 1217  disqualification from employment pursuant to this paragraph.
 1218         Section 42. For the purpose of incorporating the amendment
 1219  made by this act to section 893.13, Florida Statutes, in a
 1220  reference thereto, subsection (2) of section 435.07, Florida
 1221  Statutes, is reenacted to read:
 1222         435.07 Exemptions from disqualification.—Unless otherwise
 1223  provided by law, the provisions of this section apply to
 1224  exemptions from disqualification for disqualifying offenses
 1225  revealed pursuant to background screenings required under this
 1226  chapter, regardless of whether those disqualifying offenses are
 1227  listed in this chapter or other laws.
 1228         (2) Persons employed, or applicants for employment, by
 1229  treatment providers who treat adolescents 13 years of age and
 1230  older who are disqualified from employment solely because of
 1231  crimes under s. 817.563, s. 893.13, or s. 893.147 may be
 1232  exempted from disqualification from employment pursuant to this
 1233  chapter without application of the waiting period in
 1234  subparagraph (1)(a)1.
 1235         Section 43. For the purpose of incorporating the amendment
 1236  made by this act to section 893.13, Florida Statutes, in a
 1237  reference thereto, paragraph (a) of subsection (1) of section
 1238  775.084, Florida Statutes, is reenacted to read:
 1239         775.084 Violent career criminals; habitual felony offenders
 1240  and habitual violent felony offenders; three-time violent felony
 1241  offenders; definitions; procedure; enhanced penalties or
 1242  mandatory minimum prison terms.—
 1243         (1) As used in this act:
 1244         (a) “Habitual felony offender” means a defendant for whom
 1245  the court may impose an extended term of imprisonment, as
 1246  provided in paragraph (4)(a), if it finds that:
 1247         1. The defendant has previously been convicted of any
 1248  combination of two or more felonies in this state or other
 1249  qualified offenses.
 1250         2. The felony for which the defendant is to be sentenced
 1251  was committed:
 1252         a. While the defendant was serving a prison sentence or
 1253  other sentence, or court-ordered or lawfully imposed supervision
 1254  that is imposed as a result of a prior conviction for a felony
 1255  or other qualified offense; or
 1256         b. Within 5 years of the date of the conviction of the
 1257  defendant’s last prior felony or other qualified offense, or
 1258  within 5 years of the defendant’s release from a prison
 1259  sentence, probation, community control, control release,
 1260  conditional release, parole or court-ordered or lawfully imposed
 1261  supervision or other sentence that is imposed as a result of a
 1262  prior conviction for a felony or other qualified offense,
 1263  whichever is later.
 1264         3. The felony for which the defendant is to be sentenced,
 1265  and one of the two prior felony convictions, is not a violation
 1266  of s. 893.13 relating to the purchase or the possession of a
 1267  controlled substance.
 1268         4. The defendant has not received a pardon for any felony
 1269  or other qualified offense that is necessary for the operation
 1270  of this paragraph.
 1271         5. A conviction of a felony or other qualified offense
 1272  necessary to the operation of this paragraph has not been set
 1273  aside in any postconviction proceeding.
 1274         Section 44. For the purpose of incorporating the amendment
 1275  made by this act to section 893.13, Florida Statutes, in a
 1276  reference thereto, subsection (3) of section 810.02, Florida
 1277  Statutes, is reenacted to read:
 1278         810.02 Burglary.—
 1279         (3) Burglary is a felony of the second degree, punishable
 1280  as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
 1281  course of committing the offense, the offender does not make an
 1282  assault or battery and is not and does not become armed with a
 1283  dangerous weapon or explosive, and the offender enters or
 1284  remains in a:
 1285         (a) Dwelling, and there is another person in the dwelling
 1286  at the time the offender enters or remains;
 1287         (b) Dwelling, and there is not another person in the
 1288  dwelling at the time the offender enters or remains;
 1289         (c) Structure, and there is another person in the structure
 1290  at the time the offender enters or remains;
 1291         (d) Conveyance, and there is another person in the
 1292  conveyance at the time the offender enters or remains;
 1293         (e) Authorized emergency vehicle, as defined in s. 316.003;
 1294  or
 1295         (f) Structure or conveyance when the offense intended to be
 1296  committed therein is theft of a controlled substance as defined
 1297  in s. 893.02. Notwithstanding any other law, separate judgments
 1298  and sentences for burglary with the intent to commit theft of a
 1299  controlled substance under this paragraph and for any applicable
 1300  possession of controlled substance offense under s. 893.13 or
 1301  trafficking in controlled substance offense under s. 893.135 may
 1302  be imposed when all such offenses involve the same amount or
 1303  amounts of a controlled substance.
 1304  
 1305  However, if the burglary is committed within a county that is
 1306  subject to a state of emergency declared by the Governor under
 1307  chapter 252 after the declaration of emergency is made and the
 1308  perpetration of the burglary is facilitated by conditions
 1309  arising from the emergency, the burglary is a felony of the
 1310  first degree, punishable as provided in s. 775.082, s. 775.083,
 1311  or s. 775.084. As used in this subsection, the term “conditions
 1312  arising from the emergency” means civil unrest, power outages,
 1313  curfews, voluntary or mandatory evacuations, or a reduction in
 1314  the presence of or response time for first responders or
 1315  homeland security personnel. A person arrested for committing a
 1316  burglary within a county that is subject to such a state of
 1317  emergency may not be released until the person appears before a
 1318  committing magistrate at a first appearance hearing. For
 1319  purposes of sentencing under chapter 921, a felony offense that
 1320  is reclassified under this subsection is ranked one level above
 1321  the ranking under s. 921.0022 or s. 921.0023 of the offense
 1322  committed.
 1323         Section 45. For the purpose of incorporating the amendment
 1324  made by this act to section 893.13, Florida Statutes, in a
 1325  reference thereto, subsection (1) of section 831.311, Florida
 1326  Statutes, is reenacted to read:
 1327         831.311 Unlawful sale, manufacture, alteration, delivery,
 1328  uttering, or possession of counterfeit-resistant prescription
 1329  blanks for controlled substances.—
 1330         (1) It is unlawful for any person having the intent to
 1331  injure or defraud any person or to facilitate any violation of
 1332  s. 893.13 to sell, manufacture, alter, deliver, utter, or
 1333  possess with intent to injure or defraud any person, or to
 1334  facilitate any violation of s. 893.13, any counterfeit-resistant
 1335  prescription blanks for controlled substances, the form and
 1336  content of which are adopted by rule of the Department of Health
 1337  pursuant to s. 893.065.
 1338         Section 46. For the purpose of incorporating the amendment
 1339  made by this act to section 893.13, Florida Statutes, in a
 1340  reference thereto, section 893.15, Florida Statutes, is
 1341  reenacted to read:
 1342         893.15 Rehabilitation.—Any person who violates s.
 1343  893.13(6)(a) or (b) relating to possession may, in the
 1344  discretion of the trial judge, be required to participate in a
 1345  substance abuse services program approved or regulated by the
 1346  Department of Children and Families pursuant to the provisions
 1347  of chapter 397, provided the director of such program approves
 1348  the placement of the defendant in such program. Such required
 1349  participation shall be imposed in addition to any penalty or
 1350  probation otherwise prescribed by law. However, the total time
 1351  of such penalty, probation, and program participation shall not
 1352  exceed the maximum length of sentence possible for the offense.
 1353         Section 47. For the purpose of incorporating the amendment
 1354  made by this act to section 893.13, Florida Statutes, in a
 1355  reference thereto, paragraph (l) of subsection (1) of section
 1356  921.187, Florida Statutes, is reenacted to read:
 1357         921.187 Disposition and sentencing; alternatives;
 1358  restitution.—
 1359         (1) The alternatives provided in this section for the
 1360  disposition of criminal cases shall be used in a manner that
 1361  will best serve the needs of society, punish criminal offenders,
 1362  and provide the opportunity for rehabilitation. If the offender
 1363  does not receive a state prison sentence, the court may:
 1364         (l)1. Require the offender who violates any criminal
 1365  provision of chapter 893 to pay an additional assessment in an
 1366  amount up to the amount of any fine imposed, pursuant to ss.
 1367  938.21 and 938.23.
 1368         2. Require the offender who violates any provision of s.
 1369  893.13 to pay an additional assessment in an amount of $100,
 1370  pursuant to ss. 938.055 and 943.361.
 1371         Section 48. This act shall take effect July 1, 2017.