Florida Senate - 2018                                    SB 1214
       
       
        
       By Senator Book
       
       
       
       
       
       32-00268A-18                                          20181214__
    1                        A bill to be entitled                      
    2         An act relating to child exploitation; amending s.
    3         16.56, F.S.; revising the offenses that may be
    4         investigated and prosecuted by the Office of Statewide
    5         Prosecution; amending s. 39.01, F.S.; conforming
    6         provisions to changes made by the act; amending s.
    7         39.0132, F.S.; revising the types of offenses
    8         committed by a child in certain custody or supervision
    9         of the Department of Children and Families which
   10         require the department to provide notice to the school
   11         superintendent; conforming provisions to changes made
   12         by the act; amending s. 39.0139, F.S.; revising the
   13         types of offenses that create a rebuttable presumption
   14         of detriment for judicial determinations related to
   15         contact between a parent or caregiver and certain
   16         child victims; conforming provisions to changes made
   17         by the act; amending s. 39.301, F.S.; conforming
   18         provisions to changes made by the act; amending s.
   19         39.509, F.S.; revising the offenses that may be
   20         considered in determining whether grandparental
   21         visitation is in the child’s best interest; conforming
   22         provisions to changes made by the act; amending s.
   23         90.404, F.S.; conforming provisions to changes made by
   24         the act; amending s. 92.56, F.S.; revising the
   25         offenses for which a criminal defendant may seek an
   26         order of disclosure for certain confidential and
   27         exempt court records, for which the state may use a
   28         pseudonym instead of the victim’s name, and for which
   29         a publication or broadcast of trial testimony may not
   30         include certain victim identifying information;
   31         conforming provisions to changes made by the act;
   32         amending ss. 92.561, 92.565, and 435.04, F.S.;
   33         conforming provisions to changes made by the act;
   34         amending s. 435.07, F.S.; revising the offenses that
   35         disqualify certain child care personnel from specified
   36         employment; conforming provisions to changes made by
   37         the act; amending s. 456.074, F.S.; revising the
   38         offenses for which the licenses of massage therapists
   39         and massage establishments must be suspended;
   40         conforming provisions to changes made by the act;
   41         amending ss. 480.041 and 480.043, F.S.; revising the
   42         offenses for which applications for licensure as a
   43         massage therapist or massage establishment must be
   44         denied; conforming provisions to changes made by the
   45         act; amending s. 743.067, F.S.; revising the offenses
   46         for which an unaccompanied homeless youth may consent
   47         to specified treatment, care, and examination;
   48         conforming provisions to changes made by the act;
   49         amending ss. 772.102 and 775.082, F.S.; conforming
   50         provisions to changes made by the act; amending s.
   51         775.0847, F.S.; revising definitions; conforming
   52         provisions to changes made by the act; amending ss.
   53         775.0877, 775.21, 775.215, 784.046, and 794.0115,
   54         F.S.; conforming provisions to changes made by the
   55         act; amending s. 794.024, F.S.; revising the offenses
   56         for which certain victim information may not be
   57         disclosed by public employees or officers; providing
   58         penalties; conforming provisions to changes made by
   59         the act; amending s. 794.056, F.S.; conforming
   60         provisions to changes made by the act; creating s.
   61         794.10, F.S.; providing definitions; authorizing
   62         subpoenas in certain investigations of sexual offenses
   63         involving child victims and specifying requirements
   64         therefor; providing for specified reimbursement of
   65         witnesses; authorizing certain motions; requiring
   66         nondisclosure of the existence or contents of the
   67         subpoenas in certain circumstances; providing
   68         exceptions to such nondisclosure requirement;
   69         requiring certain notice to be provided in a subpoena
   70         that contains a nondisclosure requirement; exempting
   71         certain records, objects, and other information from
   72         production; providing for the return of records,
   73         objects, and other information produced; specifying
   74         time periods within which records, objects, and other
   75         information must be returned; providing for service
   76         and enforcement of the subpoenas; providing penalties
   77         for a violation of the subpoena or nondisclosure
   78         requirement; providing immunity for certain persons
   79         complying with the subpoenas in certain circumstances;
   80         providing for judicial review and extension of such
   81         nondisclosure requirements and specifying requirements
   82         therefor; amending s. 796.001, F.S.; conforming
   83         provisions to changes made by the act; repealing s.
   84         827.071, F.S., relating to sexual performance by a
   85         child; amending s. 847.001, F.S.; revising
   86         definitions; creating s. 847.003, F.S.; providing
   87         definitions; prohibiting a person from using a child
   88         in a sexual performance or promoting a sexual
   89         performance by a child; providing penalties; amending
   90         s. 847.0135, F.S.; providing for separate offenses of
   91         computer pornography and child exploitation under
   92         certain circumstances; conforming provisions to
   93         changes made by the act; amending s. 847.01357, F.S.;
   94         conforming provisions to changes made by the act;
   95         amending s. 847.0137, F.S.; revising and providing
   96         definitions; prohibiting a person from possessing,
   97         with the intent to promote, child pornography;
   98         prohibiting a person from knowingly possessing,
   99         controlling, or intentionally viewing child
  100         pornography; providing penalties; providing
  101         application and construction; providing for separate
  102         offenses of transmission of child pornography under
  103         certain circumstances; amending ss. 856.022, 895.02,
  104         905.34, and 934.07, F.S.; conforming provisions to
  105         changes made by the act; amending s. 938.085, F.S.;
  106         revising the offenses for which a surcharge to be
  107         deposited into the Rape Crisis Program Trust Fund must
  108         be imposed; conforming provisions to changes made by
  109         the act; amending s. 938.10, F.S.; revising the
  110         offenses for which an additional court cost must be
  111         imposed; conforming provisions to changes made by the
  112         act; amending ss. 943.0435, 943.04354, 943.0585,
  113         943.059, 944.606, 944.607, 947.1405, 948.03, and
  114         948.04, F.S.; conforming provisions to changes made by
  115         the act; amending s. 948.06, F.S.; revising the
  116         offenses that constitute a qualifying offense for
  117         purposes relating to a violation of probation or
  118         community control; conforming provisions to changes
  119         made by the act; amending ss. 948.062, 948.101,
  120         948.30, 948.32, 960.03, and 960.197, F.S.; conforming
  121         provisions to changes made by the act; amending s.
  122         985.04, F.S.; revising the types of offenses committed
  123         by a child in certain custody or supervision of the
  124         Department of Juvenile Justice which require the
  125         department to provide notice to the school
  126         superintendent; conforming provisions to changes made
  127         by the act; amending ss. 985.475 and 1012.315, F.S.;
  128         conforming provisions to changes made by the act;
  129         amending s. 921.0022, F.S.; ranking the offense of
  130         solicitation of a child via a computer service while
  131         misrepresenting one’s age on the offense severity
  132         ranking chart; conforming provisions to changes made
  133         by the act; providing a directive to the Division of
  134         Law Revision and Information; reenacting ss.
  135         39.402(9)(a), 39.506(6), 39.509(6)(b), 39.521(3)(d),
  136         39.806(1)(d) and (n), 63.089(4)(b), 63.092(3),
  137         68.07(3)(i) and (6), 92.55(1)(b), 92.605(1)(b),
  138         322.141(3), 381.004(2)(h), 384.29(1)(c) and (3),
  139         390.01114(2)(b) and (e), 393.067(4)(h), (7), and (9),
  140         394.495(4)(p), 394.9125(2)(a), 397.4872(2)(a) and (c),
  141         435.07(4)(b), 507.07(9), 655.50(3)(g), 741.313(1)(e),
  142         775.084(4)(j), 775.0862(2), 775.13(4)(e) and (f),
  143         775.21(3)(b), (5)(d), (6)(f), and (10)(c), 775.24(2),
  144         775.25, 775.261(3)(b), 784.049(2)(d), 794.011(2)(a),
  145         (3), (4), and (5), 794.03, 794.075(1), 847.002(1)(b),
  146         (2), and (3), 847.012(3)(b), 847.01357(3), 847.0138(2)
  147         and (3), 896.101(2)(h) and (10), 903.0351(1)(b) and
  148         (c), 903.046(2)(m), 905.34(3), 921.0022(3)(g),
  149         921.141(6)(o), 943.0435(3), (4)(a), and (5),
  150         943.0436(2), 943.325(2)(g), 944.11(2), 944.607(4)(a)
  151         and (9), 944.608(7), 944.609(4), 944.70(1),
  152         947.13(1)(f), 947.1405(2)(c) and (12), 947.141(1),
  153         (2), and (7), 948.013(2)(b), 948.06(8)(b) and (d),
  154         948.063, 948.064(4), 948.08(7)(a), 948.12(3),
  155         948.30(3)(b) and (4), 948.31, 951.27, 960.003(2)(a)
  156         and (b) and (3)(a), 960.065(5), 984.03(2),
  157         985.0301(5)(c), 985.04(6)(b), 985.441(1)(c),
  158         985.4815(9), and 1012.467(2)(g), F.S., relating to
  159         placement in a shelter, arraignment hearings,
  160         grandparents rights, disposition hearings, grounds for
  161         termination of parental rights, proceedings to
  162         terminate parental rights pending adoption, report to
  163         the court of intended placement by an adoption entity,
  164         change of name, proceedings involving certain victims
  165         or witnesses, production of certain records, color or
  166         markings of certain licenses or identification cards,
  167         HIV testing, confidentiality, the Parental Notice of
  168         Abortion Act, facility licensure, the child and
  169         adolescent mental health system of care, authority of
  170         a state attorney to refer a person for civil
  171         commitment, exemption from disqualification,
  172         exemptions from disqualification, violations by movers
  173         or moving brokers, Florida Control of Money Laundering
  174         and Terrorist Financing in Financial Institutions Act,
  175         unlawful action against employees seeking protection,
  176         violent career criminals, habitual felony offenders,
  177         and habitual violent felony offenders, sexual offenses
  178         against students by authority figures, registration of
  179         convicted felons, the Florida Sexual Predators Act,
  180         duty of the court to uphold laws governing sexual
  181         predators and sexual offenders, prosecutions for acts
  182         or omissions, career offender registration, sexual
  183         cyberharassment, sexual battery, publishing or
  184         broadcasting information identifying sexual offense
  185         victims, sexual predators and erectile dysfunction
  186         drugs, child pornography prosecutions, sale or
  187         distribution of harmful materials to minors or using
  188         minors in production, civil remedies for exploited
  189         children, transmission of material harmful to minors
  190         to a minor by electronic device or equipment, the
  191         Florida Money Laundering Act, restrictions on pretrial
  192         release pending probation-violation hearings or
  193         community-control-violation hearings, purposes of and
  194         criteria for bail determination, the powers and duties
  195         of a statewide grand jury, the offense severity
  196         ranking chart of the Criminal Punishment Code,
  197         sentence of death or life imprisonment for capital
  198         felonies, sexual offenders required to register with
  199         the Department of Law Enforcement, duty of the court
  200         to uphold laws governing sexual predators and sexual
  201         offenders, DNA database, regulation by the Department
  202         of Corrections of the admission of books, notification
  203         to the Department of Law Enforcement of information on
  204         sexual offenders, notification to the Department of
  205         Law Enforcement concerning career offenders, career
  206         offenders and notification upon release, conditions
  207         for release from incarceration, powers and duties of
  208         the Florida Commission on Offender Review, the
  209         conditional release program, violations of conditional
  210         release, control release, or conditional medical
  211         release or addiction-recovery supervision,
  212         administrative probation, violation of probation or
  213         community control, violations of probation or
  214         community control by designated sexual offenders and
  215         predators, notification of status as a violent felony
  216         offender of special concern, the pretrial intervention
  217         program, intensive supervision for postprison release
  218         of violent offenders, additional terms and conditions
  219         of probation or community control for certain sex
  220         offenses, the evaluation and treatment of sexual
  221         predators and offenders on probation or community
  222         control, blood tests of inmates, hepatitis and HIV
  223         testing for persons charged with or alleged by
  224         petition for delinquency to have committed certain
  225         offenses, eligibility for victim assistance awards,
  226         definitions relating to children and families in need
  227         of services, jurisdiction, oaths, records, and
  228         confidential information, commitment, notification to
  229         Department of Law Enforcement of information on
  230         juvenile sexual offenders, and contractors permitted
  231         access to school grounds, respectively, to incorporate
  232         the amendments made by the act in cross-references to
  233         amended provisions; providing an effective date.
  234          
  235  Be It Enacted by the Legislature of the State of Florida:
  236  
  237         Section 1. Paragraph (a) of subsection (1) of section
  238  16.56, Florida Statutes, is amended, and paragraph (b) of that
  239  subsection is republished, to read:
  240         16.56 Office of Statewide Prosecution.—
  241         (1) There is created in the Department of Legal Affairs an
  242  Office of Statewide Prosecution. The office shall be a separate
  243  “budget entity” as that term is defined in chapter 216. The
  244  office may:
  245         (a) Investigate and prosecute the offenses of:
  246         1. Bribery, burglary, criminal usury, extortion, gambling,
  247  kidnapping, larceny, murder, prostitution, perjury, robbery,
  248  carjacking, home-invasion robbery, and patient brokering;
  249         2. Any crime involving narcotic or other dangerous drugs;
  250         3. Any violation of the Florida RICO (Racketeer Influenced
  251  and Corrupt Organization) Act, including any offense listed in
  252  the definition of racketeering activity in s. 895.02(8)(a),
  253  providing such listed offense is investigated in connection with
  254  a violation of s. 895.03 and is charged in a separate count of
  255  an information or indictment containing a count charging a
  256  violation of s. 895.03, the prosecution of which listed offense
  257  may continue independently if the prosecution of the violation
  258  of s. 895.03 is terminated for any reason;
  259         4. Any violation of the Florida Anti-Fencing Act;
  260         5. Any violation of the Florida Antitrust Act of 1980, as
  261  amended;
  262         6. Any crime involving, or resulting in, fraud or deceit
  263  upon any person;
  264         7. Any violation of s. 847.0135, relating to computer
  265  pornography and child exploitation prevention, or any offense
  266  related to a violation of former s. 827.071, s. 847.003, s.
  267  847.0135, or s. 847.0137 any violation of chapter 827 where the
  268  crime is facilitated by or connected to the use of the Internet
  269  or any device capable of electronic data storage or
  270  transmission;
  271         8. Any violation of chapter 815;
  272         9. Any criminal violation of part I of chapter 499;
  273         10. Any violation of the Florida Motor Fuel Tax Relief Act
  274  of 2004;
  275         11. Any criminal violation of s. 409.920 or s. 409.9201;
  276         12. Any crime involving voter registration, voting, or
  277  candidate or issue petition activities;
  278         13. Any criminal violation of the Florida Money Laundering
  279  Act;
  280         14. Any criminal violation of the Florida Securities and
  281  Investor Protection Act; or
  282         15. Any violation of chapter 787, as well as any and all
  283  offenses related to a violation of chapter 787;
  284  
  285  or any attempt, solicitation, or conspiracy to commit any of the
  286  crimes specifically enumerated above. The office shall have such
  287  power only when any such offense is occurring, or has occurred,
  288  in two or more judicial circuits as part of a related
  289  transaction, or when any such offense is connected with an
  290  organized criminal conspiracy affecting two or more judicial
  291  circuits. Informations or indictments charging such offenses
  292  shall contain general allegations stating the judicial circuits
  293  and counties in which crimes are alleged to have occurred or the
  294  judicial circuits and counties in which crimes affecting such
  295  circuits or counties are alleged to have been connected with an
  296  organized criminal conspiracy.
  297         (b) Investigate and prosecute any crime enumerated in
  298  paragraph (a) facilitated by or connected to the use of the
  299  Internet. Any such crime is a crime occurring in every judicial
  300  circuit within the state.
  301         Section 2. Paragraph (c) of subsection (30) and paragraph
  302  (g) of subsection (71) of section 39.01, Florida Statutes, are
  303  amended to read:
  304         39.01 Definitions.—When used in this chapter, unless the
  305  context otherwise requires:
  306         (30) “Harm” to a child’s health or welfare can occur when
  307  any person:
  308         (c) Allows, encourages, or forces the sexual exploitation
  309  of a child, which includes allowing, encouraging, or forcing a
  310  child to:
  311         1. Solicit for or engage in prostitution; or
  312         2. Engage in a sexual performance, as defined by former s.
  313  827.071 or s. 847.003 chapter 827.
  314         (71) “Sexual abuse of a child” for purposes of finding a
  315  child to be dependent means one or more of the following acts:
  316         (g) The sexual exploitation of a child, which includes the
  317  act of a child offering to engage in or engaging in
  318  prostitution, or the act of allowing, encouraging, or forcing a
  319  child to:
  320         1. Solicit for or engage in prostitution;
  321         2. Engage in a sexual performance, as defined by former s.
  322  827.071 or s. 847.003 chapter 827; or
  323         3. Participate in the trade of human trafficking as
  324  provided in s. 787.06(3)(g).
  325         Section 3. Paragraph (b) of subsection (4) of section
  326  39.0132, Florida Statutes, is amended to read:
  327         39.0132 Oaths, records, and confidential information.—
  328         (4)
  329         (b) The department shall disclose to the school
  330  superintendent the presence of a any child in the care and
  331  custody or under the jurisdiction or supervision of the
  332  department who has a known history of criminal sexual behavior
  333  with other juveniles; is an alleged juvenile sex offender, as
  334  defined in s. 39.01; or has pled guilty or nolo contendere to,
  335  or has been found to have committed, a violation of chapter 794,
  336  chapter 796, chapter 800, former s. 827.071, s. 847.003, or s.
  337  847.0133, s. 847.0135(5), or s. 847.0137, regardless of
  338  adjudication. An Any employee of a district school board who
  339  knowingly and willfully discloses such information to an
  340  unauthorized person commits a misdemeanor of the second degree,
  341  punishable as provided in s. 775.082 or s. 775.083.
  342         Section 4. Paragraph (a) of subsection (3) of section
  343  39.0139, Florida Statutes, is amended to read:
  344         39.0139 Visitation or other contact; restrictions.—
  345         (3) PRESUMPTION OF DETRIMENT.—
  346         (a) A rebuttable presumption of detriment to a child is
  347  created when:
  348         1. A court of competent jurisdiction has found probable
  349  cause exists that a parent or caregiver has sexually abused a
  350  child as defined in s. 39.01;
  351         2. A parent or caregiver has been found guilty of,
  352  regardless of adjudication, or has entered a plea of guilty or
  353  nolo contendere to, charges under the following statutes or
  354  substantially similar statutes of other jurisdictions:
  355         a. Section 787.04, relating to removing minors from the
  356  state or concealing minors contrary to court order;
  357         b. Section 794.011, relating to sexual battery;
  358         c. Section 798.02, relating to lewd and lascivious
  359  behavior;
  360         d. Chapter 800, relating to lewdness and indecent exposure;
  361         e. Section 826.04, relating to incest; or
  362         f. Chapter 827, relating to the abuse of children; or
  363         g.Section 847.003, relating to sexual performance by a
  364  child;
  365         h.Section 847.0135, excluding s. 847.0135(6), relating to
  366  computer pornography and child exploitation; or
  367         i.Section 847.0137, relating to child pornography; or
  368         3. A court of competent jurisdiction has determined a
  369  parent or caregiver to be a sexual predator as defined in s.
  370  775.21 or a parent or caregiver has received a substantially
  371  similar designation under laws of another jurisdiction.
  372         Section 5. Paragraph (b) of subsection (2) of section
  373  39.301, Florida Statutes, is amended to read:
  374         39.301 Initiation of protective investigations.—
  375         (2)
  376         (b) As used in this subsection, the term “criminal conduct”
  377  means:
  378         1. A child is known or suspected to be the victim of child
  379  abuse, as defined in s. 827.03, or of neglect of a child, as
  380  defined in s. 827.03.
  381         2. A child is known or suspected to have died as a result
  382  of abuse or neglect.
  383         3. A child is known or suspected to be the victim of
  384  aggravated child abuse, as defined in s. 827.03.
  385         4. A child is known or suspected to be the victim of sexual
  386  battery, as defined in s. 847.001 827.071, or of sexual abuse,
  387  as defined in s. 39.01.
  388         5. A child is known or suspected to be the victim of
  389  institutional child abuse or neglect, as defined in s. 39.01,
  390  and as provided for in s. 39.302(1).
  391         6. A child is known or suspected to be a victim of human
  392  trafficking, as provided in s. 787.06.
  393         Section 6. Paragraph (a) of subsection (6) of section
  394  39.509, Florida Statutes, is amended to read:
  395         39.509 Grandparents rights.—Notwithstanding any other
  396  provision of law, a maternal or paternal grandparent as well as
  397  a stepgrandparent is entitled to reasonable visitation with his
  398  or her grandchild who has been adjudicated a dependent child and
  399  taken from the physical custody of the parent unless the court
  400  finds that such visitation is not in the best interest of the
  401  child or that such visitation would interfere with the goals of
  402  the case plan. Reasonable visitation may be unsupervised and,
  403  where appropriate and feasible, may be frequent and continuing.
  404  Any order for visitation or other contact must conform to the
  405  provisions of s. 39.0139.
  406         (6) In determining whether grandparental visitation is not
  407  in the child’s best interest, consideration may be given to the
  408  following:
  409         (a) The finding of guilt, regardless of adjudication, or
  410  entry or plea of guilty or nolo contendere to charges under the
  411  following statutes, or similar statutes of other jurisdictions:
  412  s. 787.04, relating to removing minors from the state or
  413  concealing minors contrary to court order; s. 794.011, relating
  414  to sexual battery; s. 798.02, relating to lewd and lascivious
  415  behavior; chapter 800, relating to lewdness and indecent
  416  exposure; s. 826.04, relating to incest; or chapter 827,
  417  relating to the abuse of children; s. 847.003, relating to
  418  sexual performance by a child; s. 847.0135, excluding s.
  419  847.0135(6), relating to computer pornography and child
  420  exploitation; or s. 847.0137, relating to child pornography.
  421         Section 7. Paragraphs (b) and (c) of subsection (2) of
  422  section 90.404, Florida Statutes, are amended to read:
  423         90.404 Character evidence; when admissible.—
  424         (2) OTHER CRIMES, WRONGS, OR ACTS.—
  425         (b)1. In a criminal case in which the defendant is charged
  426  with a crime involving child molestation, evidence of the
  427  defendant’s commission of other crimes, wrongs, or acts of child
  428  molestation is admissible and may be considered for its bearing
  429  on any matter to which it is relevant.
  430         2. For the purposes of this paragraph, the term “child
  431  molestation” means conduct proscribed by s. 787.025(2)(c), s.
  432  787.06(3)(g), former s. 787.06(3)(h), s. 794.011, excluding s.
  433  794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s.
  434  800.04, former s. 827.071, s. 847.003, s. 847.0135(5), s.
  435  847.0137(2), s. 847.0145, or s. 985.701(1) when committed
  436  against a person 16 years of age or younger.
  437         (c)1. In a criminal case in which the defendant is charged
  438  with a sexual offense, evidence of the defendant’s commission of
  439  other crimes, wrongs, or acts involving a sexual offense is
  440  admissible and may be considered for its bearing on any matter
  441  to which it is relevant.
  442         2. For the purposes of this paragraph, the term “sexual
  443  offense” means conduct proscribed by s. 787.025(2)(c), s.
  444  787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), s.
  445  794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03,
  446  former s. 796.035, s. 825.1025(2)(b), former s. 827.071, s.
  447  847.003, s. 847.0135(5), s. 847.0137(2), s. 847.0145, or s.
  448  985.701(1).
  449         Section 8. Subsections (2), (3), and (5) of section 92.56,
  450  Florida Statutes, are amended to read:
  451         92.56 Judicial proceedings and court records involving
  452  sexual offenses and human trafficking.—
  453         (2) A defendant charged with a crime described in s.
  454  787.06(3)(a)1., (c)1., or (e)1.;, s. 787.06(3)(b), (d), (f), or
  455  (g);, chapter 794;, or chapter 800;, or with child abuse or,
  456  aggravated child abuse, or sexual performance by a child as
  457  described in chapter 827; with sexual performance by a child as
  458  described in former s. 827.071; or with a sexual offense
  459  described in chapter 847, may apply to the trial court for an
  460  order of disclosure of information in court records held
  461  confidential and exempt pursuant to s. 119.0714(1)(h) or
  462  maintained as confidential and exempt pursuant to court order
  463  under this section. Such identifying information concerning the
  464  victim may be released to the defendant or his or her attorney
  465  in order to prepare the defense. The confidential and exempt
  466  status of this information may not be construed to prevent the
  467  disclosure of the victim’s identity to the defendant; however,
  468  the defendant may not disclose the victim’s identity to any
  469  person other than the defendant’s attorney or any other person
  470  directly involved in the preparation of the defense. A willful
  471  and knowing disclosure of the identity of the victim to any
  472  other person by the defendant constitutes contempt.
  473         (3) The state may use a pseudonym instead of the victim’s
  474  name to designate the victim of a crime described in s.
  475  787.06(3)(a)1., (c)1., or (e)1.;, in s. 787.06(3)(b), (d), (f),
  476  or (g);, or in chapter 794; or chapter 800;, or of child abuse
  477  or, aggravated child abuse, or sexual performance by a child as
  478  described in chapter 827; of sexual performance by a child as
  479  described in former s. 827.071;, or of a sexual offense any
  480  crime involving the production, possession, or promotion of
  481  child pornography as described in chapter 847, in all court
  482  records and records of court proceedings, both civil and
  483  criminal.
  484         (5) This section does not prohibit the publication or
  485  broadcast of the substance of trial testimony in a prosecution
  486  for an offense described in s. 787.06(3)(a)1., (c)1., or (e)1.;,
  487  s. 787.06(3)(b), (d), (f), or (g);, chapter 794;, or chapter
  488  800; for, or a crime of child abuse or, aggravated child abuse,
  489  or sexual performance by a child, as described in chapter 827;
  490  for sexual performance by a child as described in former s.
  491  827.071; or for a sexual offense described in chapter 847, but
  492  the publication or broadcast may not include an identifying
  493  photograph, an identifiable voice, or the name or address of the
  494  victim, unless the victim has consented in writing to the
  495  publication and filed such consent with the court or unless the
  496  court has declared such records not confidential and exempt as
  497  provided for in subsection (1).
  498         Section 9. Subsection (1) of section 92.561, Florida
  499  Statutes, is amended to read:
  500         92.561 Prohibition on reproduction of child pornography.—
  501         (1) In a criminal proceeding, any property or material that
  502  portrays sexual performance by a child as defined in former s.
  503  827.071 or s. 847.003, or constitutes child pornography as
  504  defined in s. 847.0137 847.001, must remain secured or locked in
  505  the care, custody, and control of a law enforcement agency, the
  506  state attorney, or the court.
  507         Section 10. Subsection (2) of section 92.565, Florida
  508  Statutes, is amended to read:
  509         92.565 Admissibility of confession in sexual abuse cases.—
  510         (2) In any criminal action in which the defendant is
  511  charged with a crime against a victim under s. 787.06(3),
  512  involving commercial sexual activity; s. 794.011; s. 794.05; s.
  513  800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04,
  514  involving sexual abuse; former s. 827.071; s. 847.003; or s.
  515  847.0135(5);, or s. 847.0137(2), or any other crime involving
  516  sexual abuse of another, or with any attempt, solicitation, or
  517  conspiracy to commit any of these crimes, the defendant’s
  518  memorialized confession or admission is admissible during trial
  519  without the state having to prove a corpus delicti of the crime
  520  if the court finds in a hearing conducted outside the presence
  521  of the jury that the state is unable to show the existence of
  522  each element of the crime, and having so found, further finds
  523  that the defendant’s confession or admission is trustworthy.
  524  Factors which may be relevant in determining whether the state
  525  is unable to show the existence of each element of the crime
  526  include, but are not limited to, the fact that, at the time the
  527  crime was committed, the victim was:
  528         (a) Physically helpless, mentally incapacitated, or
  529  mentally defective, as those terms are defined in s. 794.011;
  530         (b) Physically incapacitated due to age, infirmity, or any
  531  other cause; or
  532         (c) Less than 12 years of age.
  533         Section 11. Paragraphs (ll) and (qq) of subsection (2) of
  534  section 435.04, Florida Statutes, are amended to read:
  535         435.04 Level 2 screening standards.—
  536         (2) The security background investigations under this
  537  section must ensure that no persons subject to the provisions of
  538  this section have been arrested for and are awaiting final
  539  disposition of, have been found guilty of, regardless of
  540  adjudication, or entered a plea of nolo contendere or guilty to,
  541  or have been adjudicated delinquent and the record has not been
  542  sealed or expunged for, any offense prohibited under any of the
  543  following provisions of state law or similar law of another
  544  jurisdiction:
  545         (ll) Former s. Section 827.071, relating to sexual
  546  performance by a child.
  547         (qq) Chapter 847, relating to obscenity and child
  548  exploitation obscene literature.
  549         Section 12. Paragraph (c) of subsection (4) of section
  550  435.07, Florida Statutes, is amended to read:
  551         435.07 Exemptions from disqualification.—Unless otherwise
  552  provided by law, the provisions of this section apply to
  553  exemptions from disqualification for disqualifying offenses
  554  revealed pursuant to background screenings required under this
  555  chapter, regardless of whether those disqualifying offenses are
  556  listed in this chapter or other laws.
  557         (4)
  558         (c) Disqualification from employment under this chapter may
  559  not be removed from, and an exemption may not be granted to, any
  560  current or prospective child care personnel, as defined in s.
  561  402.302(3), and such a person is disqualified from employment as
  562  child care personnel, regardless of any previous exemptions from
  563  disqualification, if the person has been registered as a sex
  564  offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
  565  arrested for and is awaiting final disposition of, has been
  566  convicted or found guilty of, or entered a plea of guilty or
  567  nolo contendere to, regardless of adjudication, or has been
  568  adjudicated delinquent and the record has not been sealed or
  569  expunged for, any offense prohibited under any of the following
  570  provisions of state law or a similar law of another
  571  jurisdiction:
  572         1. A felony offense prohibited under any of the following
  573  statutes:
  574         a. Chapter 741, relating to domestic violence.
  575         b. Section 782.04, relating to murder.
  576         c. Section 782.07, relating to manslaughter, aggravated
  577  manslaughter of an elderly person or disabled adult, aggravated
  578  manslaughter of a child, or aggravated manslaughter of an
  579  officer, a firefighter, an emergency medical technician, or a
  580  paramedic.
  581         d. Section 784.021, relating to aggravated assault.
  582         e. Section 784.045, relating to aggravated battery.
  583         f. Section 787.01, relating to kidnapping.
  584         g. Section 787.025, relating to luring or enticing a child.
  585         h. Section 787.04(2), relating to leading, taking,
  586  enticing, or removing a minor beyond the state limits, or
  587  concealing the location of a minor, with criminal intent pending
  588  custody proceedings.
  589         i. Section 787.04(3), relating to leading, taking,
  590  enticing, or removing a minor beyond the state limits, or
  591  concealing the location of a minor, with criminal intent pending
  592  dependency proceedings or proceedings concerning alleged abuse
  593  or neglect of a minor.
  594         j. Section 794.011, relating to sexual battery.
  595         k. Former s. 794.041, relating to sexual activity with or
  596  solicitation of a child by a person in familial or custodial
  597  authority.
  598         l. Section 794.05, relating to unlawful sexual activity
  599  with certain minors.
  600         m. Section 794.08, relating to female genital mutilation.
  601         n. Section 806.01, relating to arson.
  602         o. Section 826.04, relating to incest.
  603         p. Section 827.03, relating to child abuse, aggravated
  604  child abuse, or neglect of a child.
  605         q. Section 827.04, relating to contributing to the
  606  delinquency or dependency of a child.
  607         r. Former s. Section 827.071 or s. 847.003, relating to
  608  sexual performance by a child.
  609         s. Chapter 847, relating to obscenity and child
  610  exploitation pornography.
  611         t. Section 985.701, relating to sexual misconduct in
  612  juvenile justice programs.
  613         2. A misdemeanor offense prohibited under any of the
  614  following statutes:
  615         a. Section 784.03, relating to battery, if the victim of
  616  the offense was a minor.
  617         b. Section 787.025, relating to luring or enticing a child.
  618         c. Chapter 847, relating to obscenity and child
  619  exploitation pornography.
  620         3. A criminal act committed in another state or under
  621  federal law which, if committed in this state, constitutes an
  622  offense prohibited under any statute listed in subparagraph 1.
  623  or subparagraph 2.
  624         Section 13. Paragraphs (o) and (q) of subsection (5) of
  625  section 456.074, Florida Statutes, are amended, paragraphs (r)
  626  and (s) of that subsection are redesignated as paragraphs (s)
  627  and (t), respectively, and a new paragraph (r) is added to that
  628  subsection, to read:
  629         456.074 Certain health care practitioners; immediate
  630  suspension of license.—
  631         (5) The department shall issue an emergency order
  632  suspending the license of a massage therapist or establishment
  633  as defined in chapter 480 upon receipt of information that the
  634  massage therapist, a person with an ownership interest in the
  635  establishment, or, for a corporation that has more than $250,000
  636  of business assets in this state, the owner, officer, or
  637  individual directly involved in the management of the
  638  establishment has been convicted or found guilty of, or has
  639  entered a plea of guilty or nolo contendere to, regardless of
  640  adjudication, a violation of s. 796.07(2)(a) which is
  641  reclassified under s. 796.07(7) or a felony offense under any of
  642  the following provisions of state law or a similar provision in
  643  another jurisdiction:
  644         (o) Former s. Section 827.071 or s. 847.003, relating to
  645  sexual performance by a child.
  646         (q) Section 847.0135, relating to computer pornography and
  647  child exploitation.
  648         (r)Section 847.0137, relating to child pornography.
  649         Section 14. Paragraphs (o) and (q) of subsection (7) of
  650  section 480.041, Florida Statutes, are amended, paragraphs (r)
  651  and (s) of that subsection are redesignated as paragraphs (s)
  652  and (t), respectively, and a new paragraph (r) is added to that
  653  subsection, to read:
  654         480.041 Massage therapists; qualifications; licensure;
  655  endorsement.—
  656         (7) The board shall deny an application for a new or
  657  renewal license if an applicant has been convicted or found
  658  guilty of, or enters a plea of guilty or nolo contendere to,
  659  regardless of adjudication, a violation of s. 796.07(2)(a) which
  660  is reclassified under s. 796.07(7) or a felony offense under any
  661  of the following provisions of state law or a similar provision
  662  in another jurisdiction:
  663         (o) Former s. Section 827.071 or s. 847.003, relating to
  664  sexual performance by a child.
  665         (q) Section 847.0135, relating to computer pornography and
  666  child exploitation.
  667         (r)Section 847.0137, relating to child pornography.
  668         Section 15. Paragraphs (o) and (q) of subsection (8) of
  669  section 480.043, Florida Statutes, are amended, paragraphs (r)
  670  and (s) of that subsection are redesignated as paragraphs (s)
  671  and (t), respectively, and a new paragraph (r) is added to that
  672  subsection, to read:
  673         480.043 Massage establishments; requisites; licensure;
  674  inspection.—
  675         (8) The department shall deny an application for a new or
  676  renewal license if a person with an ownership interest in the
  677  establishment or, for a corporation that has more than $250,000
  678  of business assets in this state, the owner, officer, or
  679  individual directly involved in the management of the
  680  establishment has been convicted or found guilty of, or entered
  681  a plea of guilty or nolo contendere to, regardless of
  682  adjudication, a violation of s. 796.07(2)(a) which is
  683  reclassified under s. 796.07(7) or a felony offense under any of
  684  the following provisions of state law or a similar provision in
  685  another jurisdiction:
  686         (o) Former s. Section 827.071 or s. 847.003, relating to
  687  sexual performance by a child.
  688         (q) Section 847.0135, relating to computer pornography and
  689  child exploitation.
  690         (r)Section 847.0137, relating to child pornography.
  691         Section 16. Paragraph (b) of subsection (3) of section
  692  743.067, Florida Statutes, is amended to read:
  693         743.067 Certified unaccompanied homeless youths.—
  694         (3) A certified unaccompanied homeless youth may:
  695         (b) Notwithstanding s. 394.4625(1), consent to medical,
  696  dental, psychological, substance abuse, and surgical diagnosis
  697  and treatment, including preventative care and care by a
  698  facility licensed under chapter 394, chapter 395, or chapter 397
  699  and any forensic medical examination for the purpose of
  700  investigating any felony offense under chapter 784, chapter 787,
  701  chapter 794, chapter 800, or chapter 827, s. 847.003, or s.
  702  847.0137, for:
  703         1. Himself or herself; or
  704         2. His or her child, if the certified unaccompanied
  705  homeless youth is unmarried, is the parent of the child, and has
  706  actual custody of the child.
  707         Section 17. Paragraph (a) of subsection (1) of section
  708  772.102, Florida Statutes, is amended to read:
  709         772.102 Definitions.—As used in this chapter, the term:
  710         (1) “Criminal activity” means to commit, to attempt to
  711  commit, to conspire to commit, or to solicit, coerce, or
  712  intimidate another person to commit:
  713         (a) Any crime that is chargeable by indictment or
  714  information under the following provisions:
  715         1. Section 210.18, relating to evasion of payment of
  716  cigarette taxes.
  717         2. Section 414.39, relating to public assistance fraud.
  718         3. Section 440.105 or s. 440.106, relating to workers’
  719  compensation.
  720         4. Part IV of chapter 501, relating to telemarketing.
  721         5. Chapter 517, relating to securities transactions.
  722         6. Section 550.235 or s. 550.3551, relating to dogracing
  723  and horseracing.
  724         7. Chapter 550, relating to jai alai frontons.
  725         8. Chapter 552, relating to the manufacture, distribution,
  726  and use of explosives.
  727         9. Chapter 562, relating to beverage law enforcement.
  728         10. Section 624.401, relating to transacting insurance
  729  without a certificate of authority, s. 624.437(4)(c)1., relating
  730  to operating an unauthorized multiple-employer welfare
  731  arrangement, or s. 626.902(1)(b), relating to representing or
  732  aiding an unauthorized insurer.
  733         11. Chapter 687, relating to interest and usurious
  734  practices.
  735         12. Section 721.08, s. 721.09, or s. 721.13, relating to
  736  real estate timeshare plans.
  737         13. Chapter 782, relating to homicide.
  738         14. Chapter 784, relating to assault and battery.
  739         15. Chapter 787, relating to kidnapping or human
  740  trafficking.
  741         16. Chapter 790, relating to weapons and firearms.
  742         17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
  743  relating to prostitution.
  744         18. Chapter 806, relating to arson.
  745         19. Section 810.02(2)(c), relating to specified burglary of
  746  a dwelling or structure.
  747         20. Chapter 812, relating to theft, robbery, and related
  748  crimes.
  749         21. Chapter 815, relating to computer-related crimes.
  750         22. Chapter 817, relating to fraudulent practices, false
  751  pretenses, fraud generally, and credit card crimes.
  752         23. Former s. Section 827.071, relating to commercial
  753  sexual exploitation of children.
  754         24. Chapter 831, relating to forgery and counterfeiting.
  755         25. Chapter 832, relating to issuance of worthless checks
  756  and drafts.
  757         26. Section 836.05, relating to extortion.
  758         27. Chapter 837, relating to perjury.
  759         28. Chapter 838, relating to bribery and misuse of public
  760  office.
  761         29. Chapter 843, relating to obstruction of justice.
  762         30.Section 847.003, relating to sexual performance by a
  763  child.
  764         31.30. Section 847.011, s. 847.012, s. 847.013, s. 847.06,
  765  or s. 847.07, relating to obscene literature and profanity.
  766         32.31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
  767  s. 849.25, relating to gambling.
  768         33.32. Chapter 893, relating to drug abuse prevention and
  769  control.
  770         34.33. Section 914.22 or s. 914.23, relating to witnesses,
  771  victims, or informants.
  772         35.34. Section 918.12 or s. 918.13, relating to tampering
  773  with jurors and evidence.
  774         Section 18. Paragraph (a) of subsection (9) of section
  775  775.082, Florida Statutes, is amended to read:
  776         775.082 Penalties; applicability of sentencing structures;
  777  mandatory minimum sentences for certain reoffenders previously
  778  released from prison.—
  779         (9)(a)1. “Prison releasee reoffender” means any defendant
  780  who commits, or attempts to commit:
  781         a. Treason;
  782         b. Murder;
  783         c. Manslaughter;
  784         d. Sexual battery;
  785         e. Carjacking;
  786         f. Home-invasion robbery;
  787         g. Robbery;
  788         h. Arson;
  789         i. Kidnapping;
  790         j. Aggravated assault with a deadly weapon;
  791         k. Aggravated battery;
  792         l. Aggravated stalking;
  793         m. Aircraft piracy;
  794         n. Unlawful throwing, placing, or discharging of a
  795  destructive device or bomb;
  796         o. Any felony that involves the use or threat of physical
  797  force or violence against an individual;
  798         p. Armed burglary;
  799         q. Burglary of a dwelling or burglary of an occupied
  800  structure; or
  801         r. Any felony violation of s. 790.07, s. 800.04, s. 827.03,
  802  former s. 827.071, s. 847.003, or s. 847.0135(5), or s.
  803  847.0137(2);
  804  
  805  within 3 years after being released from a state correctional
  806  facility operated by the Department of Corrections or a private
  807  vendor or within 3 years after being released from a
  808  correctional institution of another state, the District of
  809  Columbia, the United States, any possession or territory of the
  810  United States, or any foreign jurisdiction, following
  811  incarceration for an offense for which the sentence is
  812  punishable by more than 1 year in this state.
  813         2. “Prison releasee reoffender” also means any defendant
  814  who commits or attempts to commit any offense listed in sub
  815  subparagraphs (a)1.a.-r. while the defendant was serving a
  816  prison sentence or on escape status from a state correctional
  817  facility operated by the Department of Corrections or a private
  818  vendor or while the defendant was on escape status from a
  819  correctional institution of another state, the District of
  820  Columbia, the United States, any possession or territory of the
  821  United States, or any foreign jurisdiction, following
  822  incarceration for an offense for which the sentence is
  823  punishable by more than 1 year in this state.
  824         3. If the state attorney determines that a defendant is a
  825  prison releasee reoffender as defined in subparagraph 1., the
  826  state attorney may seek to have the court sentence the defendant
  827  as a prison releasee reoffender. Upon proof from the state
  828  attorney that establishes by a preponderance of the evidence
  829  that a defendant is a prison releasee reoffender as defined in
  830  this section, such defendant is not eligible for sentencing
  831  under the sentencing guidelines and must be sentenced as
  832  follows:
  833         a. For a felony punishable by life, by a term of
  834  imprisonment for life;
  835         b. For a felony of the first degree, by a term of
  836  imprisonment of 30 years;
  837         c. For a felony of the second degree, by a term of
  838  imprisonment of 15 years; and
  839         d. For a felony of the third degree, by a term of
  840  imprisonment of 5 years.
  841         Section 19. Paragraphs (b) and (f) of subsection (1) and
  842  subsection (2) of section 775.0847, Florida Statutes, are
  843  amended, and paragraph (g) is added to subsection (1) of that
  844  section, to read:
  845         775.0847 Possession or promotion of certain visual
  846  depictions images of child pornography; reclassification.—
  847         (1) For purposes of this section:
  848         (b) “Child pornography” has the same meaning as provided in
  849  s. 847.0137 means any image depicting a minor engaged in sexual
  850  conduct.
  851         (f) “Sexual conduct” means actual or simulated sexual
  852  intercourse, deviate sexual intercourse, sexual bestiality,
  853  masturbation, or sadomasochistic abuse; actual or simulated lewd
  854  exhibition of the genitals; actual physical contact with a
  855  person’s clothed or unclothed genitals, pubic area, buttocks,
  856  or, if such person is a female, breast with the intent to arouse
  857  or gratify the sexual desire of either party; or any act or
  858  conduct which constitutes sexual battery or simulates that
  859  sexual battery is being or will be committed. A mother’s
  860  breastfeeding of her baby does not under any circumstance
  861  constitute “sexual conduct.”
  862         (g)“Visual depiction” has the same meaning as provided in
  863  s. 847.0137.
  864         (2) A violation of former s. 827.071, s. 847.003, s.
  865  847.0135, s. 847.0137, or s. 847.0138 shall be reclassified to
  866  the next higher degree as provided in subsection (3) if:
  867         (a) The offender possesses 10 or more visual depictions
  868  images of any form of child pornography regardless of content;
  869  and
  870         (b) The content of at least one visual depiction image
  871  contains one or more of the following:
  872         1. A child who is younger than the age of 5.
  873         2. Sadomasochistic abuse involving a child.
  874         3. Sexual battery involving a child.
  875         4. Sexual bestiality involving a child.
  876         5. Any movie involving a child, regardless of length and
  877  regardless of whether the movie contains sound.
  878         Section 20. Subsection (1) of section 775.0877, Florida
  879  Statutes, is amended to read:
  880         775.0877 Criminal transmission of HIV; procedures;
  881  penalties.—
  882         (1) In any case in which a person has been convicted of or
  883  has pled nolo contendere or guilty to, regardless of whether
  884  adjudication is withheld, any of the following offenses, or the
  885  attempt thereof, which offense or attempted offense involves the
  886  transmission of body fluids from one person to another:
  887         (a) Section 794.011, relating to sexual battery;
  888         (b) Section 826.04, relating to incest;
  889         (c) Section 800.04, relating to lewd or lascivious offenses
  890  committed upon or in the presence of persons less than 16 years
  891  of age;
  892         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
  893  relating to assault;
  894         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
  895  relating to aggravated assault;
  896         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
  897  relating to battery;
  898         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
  899  relating to aggravated battery;
  900         (h) Section 827.03(2)(c), relating to child abuse;
  901         (i) Section 827.03(2)(a), relating to aggravated child
  902  abuse;
  903         (j) Section 825.102(1), relating to abuse of an elderly
  904  person or disabled adult;
  905         (k) Section 825.102(2), relating to aggravated abuse of an
  906  elderly person or disabled adult;
  907         (l) Former s. Section 827.071 or s. 847.003, relating to
  908  sexual performance by a child person less than 18 years of age;
  909         (m) Sections 796.07 and 796.08, relating to prostitution;
  910         (n) Section 381.0041(11)(b), relating to donation of blood,
  911  plasma, organs, skin, or other human tissue; or
  912         (o) Sections 787.06(3)(b), (d), (f), and (g), relating to
  913  human trafficking,
  914  
  915  the court shall order the offender to undergo HIV testing, to be
  916  performed under the direction of the Department of Health in
  917  accordance with s. 381.004, unless the offender has undergone
  918  HIV testing voluntarily or pursuant to procedures established in
  919  s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
  920  rule providing for HIV testing of criminal offenders or inmates,
  921  subsequent to her or his arrest for an offense enumerated in
  922  paragraphs (a)-(n) for which she or he was convicted or to which
  923  she or he pled nolo contendere or guilty. The results of an HIV
  924  test performed on an offender pursuant to this subsection are
  925  not admissible in any criminal proceeding arising out of the
  926  alleged offense.
  927         Section 21. Paragraph (a) of subsection (4) and paragraph
  928  (b) of subsection (10) of section 775.21, Florida Statutes, are
  929  amended to read:
  930         775.21 The Florida Sexual Predators Act.—
  931         (4) SEXUAL PREDATOR CRITERIA.—
  932         (a) For a current offense committed on or after October 1,
  933  1993, upon conviction, an offender shall be designated as a
  934  “sexual predator” under subsection (5), and subject to
  935  registration under subsection (6) and community and public
  936  notification under subsection (7) if:
  937         1. The felony is:
  938         a. A capital, life, or first degree felony violation, or
  939  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  940  is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a
  941  violation of a similar law of another jurisdiction; or
  942         b. Any felony violation, or any attempt thereof, of s.
  943  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  944  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  945  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  946  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  947  s. 800.04; s. 810.145(8)(b); s. 825.1025; former s. 827.071; s.
  948  847.003; s. 847.0135, excluding s. 847.0135(6); s. 847.0137(2);
  949  s. 847.0145; s. 895.03, if the court makes a written finding
  950  that the racketeering activity involved at least one sexual
  951  offense listed in this sub-subparagraph or at least one offense
  952  listed in this sub-subparagraph with sexual intent or motive; s.
  953  916.1075(2); or s. 985.701(1); or a violation of a similar law
  954  of another jurisdiction, and the offender has previously been
  955  convicted of or found to have committed, or has pled nolo
  956  contendere or guilty to, regardless of adjudication, any
  957  violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  958  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
  959  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
  960  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
  961  former s. 796.035; s. 800.04; s. 825.1025; former s. 827.071; s.
  962  847.003; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
  963  847.0137(2); s. 847.0145; s. 895.03, if the court makes a
  964  written finding that the racketeering activity involved at least
  965  one sexual offense listed in this sub-subparagraph or at least
  966  one offense listed in this sub-subparagraph with sexual intent
  967  or motive; s. 916.1075(2); or s. 985.701(1); or a violation of a
  968  similar law of another jurisdiction;
  969         2. The offender has not received a pardon for any felony or
  970  similar law of another jurisdiction that is necessary for the
  971  operation of this paragraph; and
  972         3. A conviction of a felony or similar law of another
  973  jurisdiction necessary to the operation of this paragraph has
  974  not been set aside in any postconviction proceeding.
  975         (10) PENALTIES.—
  976         (b) A sexual predator who has been convicted of or found to
  977  have committed, or has pled nolo contendere or guilty to,
  978  regardless of adjudication, any violation, or attempted
  979  violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  980  the victim is a minor; s. 794.011, excluding s. 794.011(10); s.
  981  794.05; former s. 796.03; former s. 796.035; s. 800.04; former
  982  s. 827.071; s. 847.003; s. 847.0133; s. 847.0135(5); s.
  983  847.0137(2); s. 847.0145; or s. 985.701(1); or a violation of a
  984  similar law of another jurisdiction when the victim of the
  985  offense was a minor, and who works, whether for compensation or
  986  as a volunteer, at any business, school, child care facility,
  987  park, playground, or other place where children regularly
  988  congregate, commits a felony of the third degree, punishable as
  989  provided in s. 775.082, s. 775.083, or s. 775.084.
  990         Section 22. Subsection (2) and paragraphs (a) and (c) of
  991  subsection (3) of section 775.215, Florida Statutes, are amended
  992  to read:
  993         775.215 Residency restriction for persons convicted of
  994  certain sex offenses.—
  995         (2)(a) A person who has been convicted of a violation of s.
  996  794.011, s. 800.04, former s. 827.071, s. 847.003, s.
  997  847.0135(5), s. 847.0137(2), or s. 847.0145, regardless of
  998  whether adjudication has been withheld, in which the victim of
  999  the offense was less than 16 years of age, may not reside within
 1000  1,000 feet of any school, child care facility, park, or
 1001  playground. However, a person does not violate this subsection
 1002  and may not be forced to relocate if he or she is living in a
 1003  residence that meets the requirements of this subsection and a
 1004  school, child care facility, park, or playground is subsequently
 1005  established within 1,000 feet of his or her residence.
 1006         (b) A person who violates this subsection and whose
 1007  conviction under s. 794.011, s. 800.04, former s. 827.071, s.
 1008  847.003, s. 847.0135(5), s. 847.0137(2), or s. 847.0145 was
 1009  classified as a felony of the first degree or higher commits a
 1010  felony of the third degree, punishable as provided in s. 775.082
 1011  or s. 775.083. A person who violates this subsection and whose
 1012  conviction under s. 794.011, s. 800.04, former s. 827.071, s.
 1013  847.003, s. 847.0135(5), s. 847.0137(2), or s. 847.0145 was
 1014  classified as a felony of the second or third degree commits a
 1015  misdemeanor of the first degree, punishable as provided in s.
 1016  775.082 or s. 775.083.
 1017         (c) This subsection applies to any person convicted of a
 1018  violation of s. 794.011, s. 800.04, former s. 827.071, s.
 1019  847.003, s. 847.0135(5), s. 847.0137(2), or s. 847.0145 for
 1020  offenses that occur on or after October 1, 2004, excluding
 1021  persons who have been removed from the requirement to register
 1022  as a sexual offender or sexual predator pursuant to s.
 1023  943.04354.
 1024         (3)(a) A person who has been convicted of an offense in
 1025  another jurisdiction that is similar to a violation of s.
 1026  794.011, s. 800.04, former s. 827.071, s. 847.003, s.
 1027  847.0135(5), s. 847.0137(2), or s. 847.0145, regardless of
 1028  whether adjudication has been withheld, in which the victim of
 1029  the offense was less than 16 years of age, may not reside within
 1030  1,000 feet of any school, child care facility, park, or
 1031  playground. However, a person does not violate this subsection
 1032  and may not be forced to relocate if he or she is living in a
 1033  residence that meets the requirements of this subsection and a
 1034  school, child care facility, park, or playground is subsequently
 1035  established within 1,000 feet of his or her residence.
 1036         (c) This subsection applies to any person convicted of an
 1037  offense in another jurisdiction that is similar to a violation
 1038  of s. 794.011, s. 800.04, former s. 827.071, s. 847.003, s.
 1039  847.0135(5), s. 847.0137(2), or s. 847.0145 if such offense
 1040  occurred on or after May 26, 2010, excluding persons who have
 1041  been removed from the requirement to register as a sexual
 1042  offender or sexual predator pursuant to s. 943.04354.
 1043         Section 23. Paragraph (c) of subsection (1) of section
 1044  784.046, Florida Statutes, is amended to read:
 1045         784.046 Action by victim of repeat violence, sexual
 1046  violence, or dating violence for protective injunction; dating
 1047  violence investigations, notice to victims, and reporting;
 1048  pretrial release violations; public records exemption.—
 1049         (1) As used in this section, the term:
 1050         (c) “Sexual violence” means any one incident of:
 1051         1. Sexual battery, as defined in chapter 794;
 1052         2. A lewd or lascivious act, as defined in chapter 800,
 1053  committed upon or in the presence of a person younger than 16
 1054  years of age;
 1055         3. Luring or enticing a child, as described in chapter 787;
 1056         4. Sexual performance by a child, as described in former s.
 1057  827.071 or s. 847.003 chapter 827; or
 1058         5. Any other forcible felony wherein a sexual act is
 1059  committed or attempted,
 1060  
 1061  regardless of whether criminal charges based on the incident
 1062  were filed, reduced, or dismissed by the state attorney.
 1063         Section 24. Subsection (2) of section 794.0115, Florida
 1064  Statutes, is amended to read:
 1065         794.0115 Dangerous sexual felony offender; mandatory
 1066  sentencing.—
 1067         (2) Any person who is convicted of a violation of s.
 1068  787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.
 1069  800.04(4) or (5); s. 825.1025(2) or (3); former s. 827.071(2),
 1070  (3), or (4); s. 847.003; s. 847.0137(2)(a); or s. 847.0145; or
 1071  of any similar offense under a former designation, which offense
 1072  the person committed when he or she was 18 years of age or
 1073  older, and the person:
 1074         (a) Caused serious personal injury to the victim as a
 1075  result of the commission of the offense;
 1076         (b) Used or threatened to use a deadly weapon during the
 1077  commission of the offense;
 1078         (c) Victimized more than one person during the course of
 1079  the criminal episode applicable to the offense;
 1080         (d) Committed the offense while under the jurisdiction of a
 1081  court for a felony offense under the laws of this state, for an
 1082  offense that is a felony in another jurisdiction, or for an
 1083  offense that would be a felony if that offense were committed in
 1084  this state; or
 1085         (e) Has previously been convicted of a violation of s.
 1086  787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.
 1087  800.04(4) or (5); s. 825.1025(2) or (3); former s. 827.071(2),
 1088  (3), or (4); s. 847.003; s. 847.0137(2)(a); or s. 847.0145; of
 1089  any offense under a former statutory designation which is
 1090  similar in elements to an offense described in this paragraph;
 1091  or of any offense that is a felony in another jurisdiction, or
 1092  would be a felony if that offense were committed in this state,
 1093  and which is similar in elements to an offense described in this
 1094  paragraph,
 1095  
 1096  is a dangerous sexual felony offender, who must be sentenced to
 1097  a mandatory minimum term of 25 years imprisonment up to, and
 1098  including, life imprisonment. If the offense described in this
 1099  subsection was committed on or after October 1, 2014, a person
 1100  who qualifies as a dangerous sexual felony offender pursuant to
 1101  this subsection must be sentenced to a mandatory minimum term of
 1102  50 years imprisonment up to, and including, life imprisonment.
 1103         Section 25. Subsection (1) of section 794.024, Florida
 1104  Statutes, is amended to read:
 1105         794.024 Unlawful to disclose identifying information.—
 1106         (1) A public employee or officer who has access to the
 1107  photograph, name, or address of a person who is alleged to be
 1108  the victim of an offense described in this chapter, chapter 800,
 1109  s. 827.03, s. 827.04, or former s. 827.071, or of a sexual
 1110  offense described in chapter 847, may not willfully and
 1111  knowingly disclose it to a person who is not assisting in the
 1112  investigation or prosecution of the alleged offense or to any
 1113  person other than the defendant, the defendant’s attorney, a
 1114  person specified in an order entered by the court having
 1115  jurisdiction of the alleged offense, or organizations authorized
 1116  to receive such information made exempt by s. 119.071(2)(h), or
 1117  to a rape crisis center or sexual assault counselor, as defined
 1118  in s. 90.5035(1)(b), who will be offering services to the
 1119  victim.
 1120         Section 26. Subsection (1) of section 794.056, Florida
 1121  Statutes, is amended to read:
 1122         794.056 Rape Crisis Program Trust Fund.—
 1123         (1) The Rape Crisis Program Trust Fund is created within
 1124  the Department of Health for the purpose of providing funds for
 1125  rape crisis centers in this state. Trust fund moneys shall be
 1126  used exclusively for the purpose of providing services for
 1127  victims of sexual assault. Funds credited to the trust fund
 1128  consist of those funds collected as an additional court
 1129  assessment in each case in which a defendant pleads guilty or
 1130  nolo contendere to, or is found guilty of, regardless of
 1131  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 1132  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 1133  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 1134  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 1135  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 1136  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 1137  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 1138  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 1139  825.1025; former s. 827.071; s. 836.10; s. 847.003; s. 847.0133;
 1140  s. 847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c),
 1141  (7), (8), (9)(a), (13), and (14)(c); or s. 985.701(1). Funds
 1142  credited to the trust fund also shall include revenues provided
 1143  by law, moneys appropriated by the Legislature, and grants from
 1144  public or private entities.
 1145         Section 27. Section 794.10, Florida Statutes, is created to
 1146  read:
 1147         794.10Investigative subpoenas in certain cases involving
 1148  child victims.—
 1149         (1)DEFINITIONS.—As used in this section, the term:
 1150         (a)“Child” means a person who is less than 18 years of
 1151  age.
 1152         (b)“Child sexual offender” means a person who is required
 1153  to register as a sexual predator under s. 775.21 or as a sexual
 1154  offender under s. 943.0435 if at least one of the offenses that
 1155  qualified the person for such registration requirement involved
 1156  a victim who was a child at the time of the offense.
 1157         (c)“Criminal justice agency” means a law enforcement
 1158  agency, court, or prosecutor in this state.
 1159         (d)“Sexual exploitation or abuse of a child” means a
 1160  criminal offense based on any conduct described in s. 39.01(71).
 1161         (2)AUTHORIZATION.—
 1162         (a)In any investigation of:
 1163         1. An offense involving the sexual exploitation or abuse
 1164  of a child;
 1165         2.A sexual offense allegedly committed by a child sexual
 1166  offender who has not registered as required under s. 775.21 or
 1167  s. 943.0435; or
 1168         3.An offense under chapter 847 involving a child victim
 1169  which is not otherwise included in subparagraph 1. or
 1170  subparagraph 2.,
 1171  
 1172  a criminal justice agency may issue in writing and cause to be
 1173  served a subpoena requiring the production of any record,
 1174  object, or other information or testimony described in paragraph
 1175  (b).
 1176         (b)A subpoena issued under this section may require:
 1177         1.The production of any record, object, or other
 1178  information relevant to the investigation.
 1179         2.Testimony by the custodian of the record, object, or
 1180  other information concerning its production and authenticity.
 1181         (3)CONTENTS OF SUBPOENAS.—A subpoena issued under this
 1182  section shall describe any record, object, or other information
 1183  required to be produced and prescribe a reasonable return date
 1184  within which the record, object, or other information can be
 1185  assembled and made available.
 1186         (4)WITNESS EXPENSES.—Witnesses subpoenaed under this
 1187  section shall be reimbursed for fees and mileage at the same
 1188  rate at which witnesses in the courts of this state are
 1189  reimbursed.
 1190         (5)PETITIONS BEFORE RETURN DATE.—At any time before the
 1191  return date specified in the subpoena, the recipient of the
 1192  subpoena may, in the circuit court of the county in which the
 1193  recipient conducts business or resides, petition for an order
 1194  modifying or setting aside the subpoena or the requirement for
 1195  nondisclosure of certain information under subsection (6).
 1196         (6)NONDISCLOSURE.—
 1197         (a)1.If a subpoena issued under this section is
 1198  accompanied by a written certification under subparagraph 2. and
 1199  notice under paragraph (c), the recipient of the subpoena, and a
 1200  person to whom information is disclosed under subparagraph
 1201  (b)1., may not disclose, for a period of 180 days, to any person
 1202  the existence or contents of the subpoena.
 1203         2.The requirement in subparagraph 1. applies if the
 1204  criminal justice agency that issued the subpoena certifies in
 1205  writing that the disclosure may result in one or more of the
 1206  following circumstances:
 1207         a.Endangering a person’s life or physical safety;
 1208         b.Encouraging a person’s flight from prosecution;
 1209         c.Destruction of or tampering with evidence;
 1210         d.Intimidation of potential witnesses; or
 1211         e.Otherwise seriously jeopardizing an investigation or
 1212  unduly delaying a trial.
 1213         (b)1.A recipient of a subpoena may disclose information
 1214  subject to the nondisclosure requirement in subparagraph (a)1.
 1215  to:
 1216         a.A person to whom disclosure is necessary in order to
 1217  comply with the subpoena;
 1218         b.An attorney in order to obtain legal advice or
 1219  assistance regarding the subpoena; or
 1220         c.Any other person as authorized by the criminal justice
 1221  agency that issued the subpoena.
 1222         2.A recipient of a subpoena who discloses to a person
 1223  described in subparagraph 1. information subject to the
 1224  nondisclosure requirement shall notify such person of the
 1225  nondisclosure requirement by providing the person with a copy of
 1226  the subpoena. A person to whom information is disclosed under
 1227  subparagraph 1. is subject to the nondisclosure requirement in
 1228  subparagraph (a)1.
 1229         3.At the request of the criminal justice agency that
 1230  issued the subpoena, a recipient of a subpoena who discloses or
 1231  intends to disclose to a person described in sub-subparagraph
 1232  1.a. or sub-subparagraph 1.b. information subject to the
 1233  nondisclosure requirement shall provide to the criminal justice
 1234  agency the identity of the person to whom such disclosure was or
 1235  will be made.
 1236         (c)1.The nondisclosure requirement imposed under paragraph
 1237  (a) is subject to judicial review under subsection (13).
 1238         2.A subpoena issued under this section, in connection with
 1239  which a nondisclosure requirement under paragraph (a) is
 1240  imposed, shall include:
 1241         a.Notice of the nondisclosure requirement and the
 1242  availability of judicial review.
 1243         b.Notice that a violation of the nondisclosure requirement
 1244  is subject to the penalties provided in paragraph (11)(b).
 1245         (d)The nondisclosure requirement in paragraph (a) may be
 1246  extended under subsection (13).
 1247         (7)EXCEPTIONS TO PRODUCTION.—A subpoena issued under this
 1248  section may not require the production of anything that is
 1249  protected from production under the standards applicable to a
 1250  subpoena duces tecum issued by a court of this state.
 1251         (8)RETURN OF RECORDS AND OBJECTS.—If a case or proceeding
 1252  resulting from the production of any record, object, or other
 1253  information under this section does not arise within a
 1254  reasonable period of time after such production, the criminal
 1255  justice agency to which it was delivered shall, upon written
 1256  demand made by the person producing it, return the record,
 1257  object, or other information to such person, unless the record
 1258  was a copy and not an original.
 1259         (9)TIME OF PRODUCTION.—A subpoena issued under this
 1260  section may require production of any record, object, or other
 1261  information as soon as possible, but the recipient of the
 1262  subpoena must have at least 24 hours after he or she is served
 1263  to produce the record, object, or other information.
 1264         (10)SERVICE.—A subpoena issued under this section may be
 1265  served as provided in chapter 48.
 1266         (11)ENFORCEMENT.—
 1267         (a)If a recipient of a subpoena under this section refuses
 1268  to comply with the subpoena, the criminal justice agency may
 1269  invoke the aid of any circuit court described in subsection (5)
 1270  or of the circuit court of the county in which the authorized
 1271  investigation is being conducted. Such court may issue an order
 1272  requiring the recipient of a subpoena to appear before the
 1273  criminal justice agency that issued the subpoena to produce any
 1274  record, object, or other information or to testify concerning
 1275  the production and authenticity of the record, object, or other
 1276  information. Any failure to comply with an order under this
 1277  paragraph may be punished by the court as a contempt of court.
 1278  All process in any such case may be served in any county in
 1279  which such person may be found.
 1280         (b)A recipient of a subpoena, or a person to whom
 1281  information is disclosed under subparagraph(6)(b)1., who
 1282  knowingly violates:
 1283         1.A nondisclosure requirement imposed under paragraph
 1284  (6)(a) commits a noncriminal violation punishable as provided in
 1285  s. 775.083. Each person to whom a disclosure is made in
 1286  violation of this subparagraph constitutes a separate violation
 1287  subject to a separate fine.
 1288         2.A nondisclosure requirement ordered by the court under
 1289  this section may be held in contempt of court.
 1290         (12)IMMUNITY.—Notwithstanding any other law, any person,
 1291  including any officer, agent, or employee, receiving a subpoena
 1292  under this section who complies in good faith with the subpoena
 1293  and produces or discloses any record, object, or other
 1294  information sought is not liable in any court in this state to
 1295  any customer or other person for such production or disclosure.
 1296         (13)JUDICIAL REVIEW OF NONDISCLOSURE REQUIREMENT.—
 1297         (a)1.a.If a recipient of a subpoena under this section, or
 1298  a person to whom information is disclosed under subparagraph
 1299  (6)(b)1., wishes to have a court review a nondisclosure
 1300  requirement under subsection (6), such recipient or person may
 1301  notify the criminal justice agency issuing the subpoena or file
 1302  a petition for judicial review in the circuit court described in
 1303  subsection (5).
 1304         b.Within 30 days after the date on which the criminal
 1305  justice agency receives the notification under sub-subparagraph
 1306  a., the criminal justice agency shall apply for an order
 1307  prohibiting the disclosure of the existence or contents of the
 1308  subpoena. An application under this sub-subparagraph may be
 1309  filed in the circuit court described in subsection (5) or in the
 1310  circuit court of the county in which the authorized
 1311  investigation is being conducted.
 1312         c.The nondisclosure requirement shall remain in effect
 1313  during the pendency of proceedings relating to the requirement.
 1314         d.A circuit court that receives a petition under sub
 1315  subparagraph a. or an application under sub-subparagraph b.
 1316  shall rule on such petition or application as expeditiously as
 1317  possible.
 1318         2.An application for a nondisclosure order or extension
 1319  thereof or a response to a petition filed under this paragraph
 1320  must include a certification from the criminal justice agency
 1321  that issued the subpoena indicating that the disclosure of such
 1322  information may result in one or more of the circumstances
 1323  described in subparagraph (6)(a)2.
 1324         3.A circuit court shall issue a nondisclosure order or
 1325  extension thereof under this paragraph if it determines that
 1326  there is reason to believe that disclosure of such information
 1327  may result in one or more of the circumstances described in
 1328  subparagraph (6)(a)2.
 1329         4.Upon a showing that any of the circumstances described
 1330  in subparagraph (6)(a)2. continue to exist, a circuit court may
 1331  issue an ex parte order extending a nondisclosure order imposed
 1332  under this section for an additional 180 days. There is no limit
 1333  on the number of nondisclosure extensions that may be granted
 1334  under this subparagraph.
 1335         (b)In all proceedings under this subsection, subject to
 1336  any right to an open hearing in a contempt proceeding, a circuit
 1337  court must close any hearing to the extent necessary to prevent
 1338  the unauthorized disclosure of a request for records, objects,
 1339  or other information made to any person under this section.
 1340  Petitions, filings, records, orders, certifications, and
 1341  subpoenas must also be kept under seal to the extent and as long
 1342  as necessary to prevent the unauthorized disclosure of any
 1343  information under this section.
 1344         Section 28. Section 796.001, Florida Statutes, is amended
 1345  to read:
 1346         796.001 Offenses by adults involving minors; intent.—It is
 1347  the intent of the Legislature that adults who involve minors in
 1348  any behavior prohibited under this chapter be prosecuted under
 1349  other laws of this state, such as, but not limited to, s.
 1350  787.06, chapter 794, chapter 800, s. 810.145, former s. 827.071
 1351  chapter 827, and chapter 847. The Legislature finds that
 1352  prosecution of such adults under this chapter is inappropriate
 1353  since a minor is unable to consent to such behavior.
 1354         Section 29. Section 827.071, Florida Statutes, is repealed.
 1355         Section 30. Subsections (3), (8), and (16) of section
 1356  847.001, Florida Statutes, are amended to read:
 1357         847.001 Definitions.—As used in this chapter, the term:
 1358         (3) “Child pornography” has the same meaning as provided in
 1359  s. 847.0137 means any image depicting a minor engaged in sexual
 1360  conduct.
 1361         (8) “Minor” or “child” means a any person under the age of
 1362  18 years.
 1363         (16) “Sexual conduct” means actual or simulated sexual
 1364  intercourse, deviate sexual intercourse, sexual bestiality,
 1365  masturbation, or sadomasochistic abuse; actual or simulated lewd
 1366  exhibition of the genitals; actual physical contact with a
 1367  person’s clothed or unclothed genitals, pubic area, buttocks,
 1368  or, if such person is a female, breast with the intent to arouse
 1369  or gratify the sexual desire of either party; or any act or
 1370  conduct which constitutes sexual battery or simulates that
 1371  sexual battery is being or will be committed. A mother’s
 1372  breastfeeding of her baby does not under any circumstance
 1373  constitute “sexual conduct.”
 1374         Section 31. Section 847.003, Florida Statutes, is created
 1375  to read:
 1376         847.003Sexual performance by a child; penalties.—
 1377         (1)As used in this section, the term:
 1378         (a)“Performance” means a play, motion picture, photograph,
 1379  or dance or other visual representation exhibited before an
 1380  audience.
 1381         (b)“Promote” means to procure, manufacture, issue, sell,
 1382  give, provide, lend, mail, deliver, transfer, transmute,
 1383  publish, distribute, circulate, disseminate, present, exhibit,
 1384  or advertise or to offer or agree to do the same.
 1385         (c)“Sexual performance” means a performance or part
 1386  thereof which includes sexual conduct by a child.
 1387         (2)A person who, knowing the character and content
 1388  thereof, employs, authorizes, or induces a child to engage in a
 1389  sexual performance or, being a parent, legal guardian, or
 1390  custodian of such child, consents to the participation by such
 1391  child in a sexual performance commits the offense of use of a
 1392  child in a sexual performance, a felony of the second degree,
 1393  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1394         (3)A person who, knowing the character and content
 1395  thereof, produces, directs, or promotes a performance that
 1396  includes sexual conduct by a child commits the offense of
 1397  promoting a sexual performance by a child, a felony of the
 1398  second degree, punishable as provided in s. 775.082, s. 775.083,
 1399  or s. 775.084.
 1400         Section 32. Subsections (2), (3), and (4) of section
 1401  847.0135, Florida Statutes, are amended to read:
 1402         847.0135 Computer pornography; child exploitation
 1403  prohibited computer usage; traveling to meet minor; penalties.—
 1404         (2) COMPUTER PORNOGRAPHY.—A person who:
 1405         (a) Knowingly compiles, enters into, or transmits by use of
 1406  computer;
 1407         (b) Makes, prints, publishes, or reproduces by other
 1408  computerized means;
 1409         (c) Knowingly causes or allows to be entered into or
 1410  transmitted by use of computer; or
 1411         (d) Buys, sells, receives, exchanges, or disseminates,
 1412  
 1413  a any notice, a statement, or an advertisement of a any minor’s
 1414  name, telephone number, place of residence, physical
 1415  characteristics, or other descriptive or identifying information
 1416  for purposes of facilitating, encouraging, offering, or
 1417  soliciting sexual conduct of or with a any minor, or the visual
 1418  depiction of such conduct, commits a felony of the third degree,
 1419  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1420  The fact that an undercover operative or law enforcement officer
 1421  was involved in the detection and investigation of an offense
 1422  under this section shall not constitute a defense to a
 1423  prosecution under this section.
 1424         (3) CERTAIN USES OF COMPUTER SERVICES OR DEVICES
 1425  PROHIBITED.—A Any person who knowingly uses a computer online
 1426  service, Internet service, local bulletin board service, or any
 1427  other device capable of electronic data storage or transmission
 1428  to:
 1429         (a) Seduce, solicit, lure, or entice, or attempt to seduce,
 1430  solicit, lure, or entice, a child or another person believed by
 1431  the person to be a child, to commit an any illegal act described
 1432  in chapter 794, chapter 800, former s. 827.071 or chapter 827,
 1433  s. 847.003, or s. 847.0137, or to otherwise engage in any
 1434  unlawful sexual conduct with a child or with another person
 1435  believed by the person to be a child; or
 1436         (b) Solicit, lure, or entice, or attempt to solicit, lure,
 1437  or entice a parent, legal guardian, or custodian of a child or a
 1438  person believed to be a parent, legal guardian, or custodian of
 1439  a child to consent to the participation of such child in an any
 1440  act described in chapter 794, chapter 800, former s. 827.071 or
 1441  chapter 827, s. 847.003, or s. 847.0137, or to otherwise engage
 1442  in any sexual conduct,
 1443  
 1444  commits a felony of the third degree, punishable as provided in
 1445  s. 775.082, s. 775.083, or s. 775.084. A Any person who, in
 1446  violating this subsection, misrepresents his or her age, commits
 1447  a felony of the second degree, punishable as provided in s.
 1448  775.082, s. 775.083, or s. 775.084. Each separate use of a
 1449  computer online service, Internet service, local bulletin board
 1450  service, or any other device capable of electronic data storage
 1451  or transmission wherein an offense described in this section is
 1452  committed may be charged as a separate offense.
 1453         (4) TRAVELING TO MEET A MINOR.—A Any person who travels any
 1454  distance either within this state, to this state, or from this
 1455  state by any means, who attempts to do so, or who causes another
 1456  to do so or to attempt to do so for the purpose of engaging in
 1457  an any illegal act described in chapter 794, chapter 800, former
 1458  s. 827.071 or chapter 827, s. 847.003, or s. 847.0137, or to
 1459  otherwise engage in other unlawful sexual conduct with a child
 1460  or with another person believed by the person to be a child
 1461  after using a computer online service, Internet service, local
 1462  bulletin board service, or any other device capable of
 1463  electronic data storage or transmission to:
 1464         (a) Seduce, solicit, lure, or entice or attempt to seduce,
 1465  solicit, lure, or entice a child or another person believed by
 1466  the person to be a child, to engage in an any illegal act
 1467  described in chapter 794, chapter 800, former s. 827.071 or
 1468  chapter 827, s. 847.003, or s. 847.0137, or to otherwise engage
 1469  in other unlawful sexual conduct with a child; or
 1470         (b) Solicit, lure, or entice or attempt to solicit, lure,
 1471  or entice a parent, legal guardian, or custodian of a child or a
 1472  person believed to be a parent, legal guardian, or custodian of
 1473  a child to consent to the participation of such child in an any
 1474  act described in chapter 794, chapter 800, former s. 827.071 or
 1475  chapter 827, s. 847.003, or s. 847.0137, or to otherwise engage
 1476  in any sexual conduct,
 1477  
 1478  commits a felony of the second degree, punishable as provided in
 1479  s. 775.082, s. 775.083, or s. 775.084.
 1480         Section 33. Subsection (1) of section 847.01357, Florida
 1481  Statutes, is amended to read:
 1482         847.01357 Exploited children’s civil remedy.—
 1483         (1) A Any person who, while under the age of 18, was a
 1484  victim of a sexual abuse crime listed in chapter 794, chapter
 1485  800, former s. 827.071 chapter 827, or chapter 847, where any
 1486  portion of such abuse was used in the production of child
 1487  pornography, and who suffers personal or psychological injury as
 1488  a result of the production, promotion, or possession of such
 1489  images or movies, may bring an action in an appropriate state
 1490  court against the producer, promoter, or possessor of such
 1491  images or movies, regardless of whether the victim is now an
 1492  adult. In any action brought under this section, a prevailing
 1493  plaintiff shall recover the actual damages such person sustained
 1494  and the cost of the suit, including reasonable attorney
 1495  attorney’s fees. A Any victim who is awarded damages under this
 1496  section shall be deemed to have sustained damages of at least
 1497  $150,000.
 1498         Section 34. Section 847.0137, Florida Statutes, is amended
 1499  to read:
 1500         847.0137 Child pornography; Transmission of pornography by
 1501  electronic device or equipment prohibited acts; penalties.—
 1502         (1) For purposes of this section, the term:
 1503         (a) “Child pornography” means a visual depiction of sexual
 1504  conduct, in which:
 1505         1.The production of such visual depiction involves the use
 1506  of a minor engaging in sexual conduct; or
 1507         2.Such visual depiction has been created, adapted, or
 1508  modified to appear that an identifiable minor is engaging in
 1509  sexual conduct.
 1510         (b)“Identifiable minor” means a person who is recognizable
 1511  as an actual person by the person’s face, likeness, or other
 1512  distinguishing characteristic, such as a unique birthmark, or
 1513  other recognizable feature and:
 1514         1.Who was a minor at the time the visual depiction was
 1515  created, adapted, or modified; or
 1516         2.Whose image as a minor was used in creating, adapting,
 1517  or modifying the visual depiction.
 1518  
 1519  This paragraph does not require proof of the actual identity of
 1520  the identifiable minor.
 1521         (c)“Intentionally view” means to deliberately,
 1522  purposefully, and voluntarily view. Proof of intentional viewing
 1523  requires establishing that a person deliberately, purposefully,
 1524  and voluntarily viewed more than one visual depiction over any
 1525  period of time.
 1526         (d)“Promote” means to procure, manufacture, issue, sell,
 1527  give, provide, lend, mail, deliver, transfer, transmute,
 1528  publish, distribute, circulate, disseminate, present, exhibit,
 1529  or advertise or to offer or agree to do the same. “Minor” means
 1530  any person less than 18 years of age.
 1531         (e)(b) “Transmit” means the act of sending and causing to
 1532  be delivered, including the act of providing access for
 1533  receiving and causing to be delivered, a visual depiction any
 1534  image, information, or data from one or more persons or places
 1535  to one or more other persons or places over or through any
 1536  medium, including the Internet or an interconnected network, by
 1537  use of any electronic equipment or other device.
 1538         (f)“Visual depiction” includes, but is not limited to, a
 1539  photograph, picture, image, motion picture, film, video,
 1540  representation, or computer or computer-generated image or
 1541  picture, whether made or produced by electronic, mechanical, or
 1542  other means. The term also includes undeveloped film and
 1543  videotape, data stored on computer disk or by electronic means
 1544  which is capable of conversion into a visual image, and data
 1545  that is capable of conversion into a visual image that has been
 1546  transmitted by any means, whether stored in a permanent or
 1547  nonpermanent format.
 1548         (2)(a)It is unlawful for a person to possess, with the
 1549  intent to promote, child pornography. The possession of three or
 1550  more visual depictions of child pornography is prima facie
 1551  evidence of an intent to promote. A person who violates this
 1552  paragraph commits a felony of the second degree, punishable as
 1553  provided in s. 775.082, s. 775.083, or s. 775.084.
 1554         (b)It is unlawful for a person to knowingly possess,
 1555  control, or intentionally view child pornography. The
 1556  possession, control, or intentional viewing of each visual
 1557  depiction of child pornography is a separate offense. If the
 1558  visual depiction includes sexual conduct by more than one minor,
 1559  each minor in each visual depiction that is knowingly possessed,
 1560  controlled, or intentionally viewed is a separate offense. A
 1561  person who violates this paragraph commits a felony of the third
 1562  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1563  775.084.
 1564         (c)This subsection does not apply to child pornography
 1565  possessed, controlled, or intentionally viewed as part of a law
 1566  enforcement investigation.
 1567         (d)Prosecution of a person for an offense under this
 1568  subsection does not prohibit prosecution of that person in this
 1569  state for a violation of any law of this state, including a law
 1570  providing for greater penalties than prescribed in this section
 1571  or for any other crime punishing the sexual performance or
 1572  sexual exploitation of children.
 1573         (3)(a)(2) Notwithstanding ss. 847.012 and 847.0133, a any
 1574  person in this state who knew or reasonably should have known
 1575  that he or she was transmitting child pornography, as defined in
 1576  s. 847.001, to another person in this state or in another
 1577  jurisdiction commits a felony of the third degree, punishable as
 1578  provided in s. 775.082, s. 775.083, or s. 775.084.
 1579         (b)(3) Notwithstanding ss. 847.012 and 847.0133, a any
 1580  person in any jurisdiction other than this state who knew or
 1581  reasonably should have known that he or she was transmitting
 1582  child pornography, as defined in s. 847.001, to another any
 1583  person in this state commits a felony of the third degree,
 1584  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1585         (c)(4) This subsection does section shall not be construed
 1586  to prohibit prosecution of a person in this state or another
 1587  jurisdiction for a violation of any law of this state, including
 1588  a law providing for greater penalties than prescribed in this
 1589  subsection section, for the transmission of child pornography,
 1590  as defined in s. 847.001, to another any person in this state.
 1591         (d)(5) A person is subject to prosecution in this state
 1592  pursuant to chapter 910 for any act or conduct proscribed by
 1593  this subsection section, including a person in a jurisdiction
 1594  other than this state, if the act or conduct violates paragraph
 1595  (b) subsection (3).
 1596         (e)This subsection does The provisions of this section do
 1597  not apply to subscription-based transmissions such as list
 1598  servers.
 1599         Section 35. Subsection (1) of section 856.022, Florida
 1600  Statutes, is amended to read:
 1601         856.022 Loitering or prowling by certain offenders in close
 1602  proximity to children; penalty.—
 1603         (1) Except as provided in subsection (2), this section
 1604  applies to a person convicted of committing, or attempting,
 1605  soliciting, or conspiring to commit, any of the criminal
 1606  offenses proscribed in the following statutes in this state or
 1607  similar offenses in another jurisdiction against a victim who
 1608  was under 18 years of age at the time of the offense: s. 787.01,
 1609  s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
 1610  787.06(3)(g); s. 794.011, excluding s. 794.011(10); s. 794.05;
 1611  former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025;
 1612  former s. 827.071; s. 847.003; s. 847.0133; s. 847.0135,
 1613  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1614  s. 985.701(1); or any similar offense committed in this state
 1615  which has been redesignated from a former statute number to one
 1616  of those listed in this subsection, if the person has not
 1617  received a pardon for any felony or similar law of another
 1618  jurisdiction necessary for the operation of this subsection and
 1619  a conviction of a felony or similar law of another jurisdiction
 1620  necessary for the operation of this subsection has not been set
 1621  aside in any postconviction proceeding.
 1622         Section 36. Paragraph (a) of subsection (8) of section
 1623  895.02, Florida Statutes, is amended to read:
 1624         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
 1625         (8) “Racketeering activity” means to commit, to attempt to
 1626  commit, to conspire to commit, or to solicit, coerce, or
 1627  intimidate another person to commit:
 1628         (a) Any crime that is chargeable by petition, indictment,
 1629  or information under the following provisions of the Florida
 1630  Statutes:
 1631         1. Section 210.18, relating to evasion of payment of
 1632  cigarette taxes.
 1633         2. Section 316.1935, relating to fleeing or attempting to
 1634  elude a law enforcement officer and aggravated fleeing or
 1635  eluding.
 1636         3. Section 403.727(3)(b), relating to environmental
 1637  control.
 1638         4. Section 409.920 or s. 409.9201, relating to Medicaid
 1639  fraud.
 1640         5. Section 414.39, relating to public assistance fraud.
 1641         6. Section 440.105 or s. 440.106, relating to workers’
 1642  compensation.
 1643         7. Section 443.071(4), relating to creation of a fictitious
 1644  employer scheme to commit reemployment assistance fraud.
 1645         8. Section 465.0161, relating to distribution of medicinal
 1646  drugs without a permit as an Internet pharmacy.
 1647         9. Section 499.0051, relating to crimes involving
 1648  contraband, adulterated, or misbranded drugs.
 1649         10. Part IV of chapter 501, relating to telemarketing.
 1650         11. Chapter 517, relating to sale of securities and
 1651  investor protection.
 1652         12. Section 550.235 or s. 550.3551, relating to dogracing
 1653  and horseracing.
 1654         13. Chapter 550, relating to jai alai frontons.
 1655         14. Section 551.109, relating to slot machine gaming.
 1656         15. Chapter 552, relating to the manufacture, distribution,
 1657  and use of explosives.
 1658         16. Chapter 560, relating to money transmitters, if the
 1659  violation is punishable as a felony.
 1660         17. Chapter 562, relating to beverage law enforcement.
 1661         18. Section 624.401, relating to transacting insurance
 1662  without a certificate of authority, s. 624.437(4)(c)1., relating
 1663  to operating an unauthorized multiple-employer welfare
 1664  arrangement, or s. 626.902(1)(b), relating to representing or
 1665  aiding an unauthorized insurer.
 1666         19. Section 655.50, relating to reports of currency
 1667  transactions, when such violation is punishable as a felony.
 1668         20. Chapter 687, relating to interest and usurious
 1669  practices.
 1670         21. Section 721.08, s. 721.09, or s. 721.13, relating to
 1671  real estate timeshare plans.
 1672         22. Section 775.13(5)(b), relating to registration of
 1673  persons found to have committed any offense for the purpose of
 1674  benefiting, promoting, or furthering the interests of a criminal
 1675  gang.
 1676         23. Section 777.03, relating to commission of crimes by
 1677  accessories after the fact.
 1678         24. Chapter 782, relating to homicide.
 1679         25. Chapter 784, relating to assault and battery.
 1680         26. Chapter 787, relating to kidnapping or human
 1681  trafficking.
 1682         27. Chapter 790, relating to weapons and firearms.
 1683         28. Chapter 794, relating to sexual battery, but only if
 1684  such crime was committed with the intent to benefit, promote, or
 1685  further the interests of a criminal gang, or for the purpose of
 1686  increasing a criminal gang member’s own standing or position
 1687  within a criminal gang.
 1688         29. Former s. 796.03, former s. 796.035, s. 796.04, s.
 1689  796.05, or s. 796.07, relating to prostitution.
 1690         30. Chapter 806, relating to arson and criminal mischief.
 1691         31. Chapter 810, relating to burglary and trespass.
 1692         32. Chapter 812, relating to theft, robbery, and related
 1693  crimes.
 1694         33. Chapter 815, relating to computer-related crimes.
 1695         34. Chapter 817, relating to fraudulent practices, false
 1696  pretenses, fraud generally, credit card crimes, and patient
 1697  brokering.
 1698         35. Chapter 825, relating to abuse, neglect, or
 1699  exploitation of an elderly person or disabled adult.
 1700         36. Former s. Section 827.071, relating to commercial
 1701  sexual exploitation of children.
 1702         37. Section 828.122, relating to fighting or baiting
 1703  animals.
 1704         38. Chapter 831, relating to forgery and counterfeiting.
 1705         39. Chapter 832, relating to issuance of worthless checks
 1706  and drafts.
 1707         40. Section 836.05, relating to extortion.
 1708         41. Chapter 837, relating to perjury.
 1709         42. Chapter 838, relating to bribery and misuse of public
 1710  office.
 1711         43. Chapter 843, relating to obstruction of justice.
 1712         44.Section 847.003, relating to sexual performance by a
 1713  child.
 1714         45.44. Section 847.011, s. 847.012, s. 847.013, s. 847.06,
 1715  or s. 847.07, relating to obscene literature and profanity.
 1716         46.45. Chapter 849, relating to gambling, lottery, gambling
 1717  or gaming devices, slot machines, or any of the provisions
 1718  within that chapter.
 1719         47.46. Chapter 874, relating to criminal gangs.
 1720         48.47. Chapter 893, relating to drug abuse prevention and
 1721  control.
 1722         49.48. Chapter 896, relating to offenses related to
 1723  financial transactions.
 1724         50.49. Sections 914.22 and 914.23, relating to tampering
 1725  with or harassing a witness, victim, or informant, and
 1726  retaliation against a witness, victim, or informant.
 1727         51.50. Sections 918.12 and 918.13, relating to tampering
 1728  with jurors and evidence.
 1729         Section 37. Section 905.34, Florida Statutes, is amended to
 1730  read:
 1731         905.34 Powers and duties; law applicable.—The jurisdiction
 1732  of a statewide grand jury impaneled under this chapter shall
 1733  extend throughout the state. The subject matter jurisdiction of
 1734  the statewide grand jury shall be limited to the offenses of:
 1735         (1) Bribery, burglary, carjacking, home-invasion robbery,
 1736  criminal usury, extortion, gambling, kidnapping, larceny,
 1737  murder, prostitution, perjury, and robbery;
 1738         (2) Crimes involving narcotic or other dangerous drugs;
 1739         (3) Any violation of the provisions of the Florida RICO
 1740  (Racketeer Influenced and Corrupt Organization) Act, including
 1741  any offense listed in the definition of racketeering activity in
 1742  s. 895.02(8)(a), providing such listed offense is investigated
 1743  in connection with a violation of s. 895.03 and is charged in a
 1744  separate count of an information or indictment containing a
 1745  count charging a violation of s. 895.03, the prosecution of
 1746  which listed offense may continue independently if the
 1747  prosecution of the violation of s. 895.03 is terminated for any
 1748  reason;
 1749         (4) Any violation of the provisions of the Florida Anti
 1750  Fencing Act;
 1751         (5) Any violation of the provisions of the Florida
 1752  Antitrust Act of 1980, as amended;
 1753         (6) Any violation of the provisions of chapter 815;
 1754         (7) Any crime involving, or resulting in, fraud or deceit
 1755  upon any person;
 1756         (8) Any violation of s. 847.003, s. 847.0135, s. 847.0137,
 1757  or s. 847.0138 relating to computer pornography and child
 1758  exploitation prevention, or any offense related to a violation
 1759  of s. 847.003, s. 847.0135, s. 847.0137, or s. 847.0138 or any
 1760  violation of former s. 827.071 chapter 827 where the crime is
 1761  facilitated by or connected to the use of the Internet or any
 1762  device capable of electronic data storage or transmission;
 1763         (9) Any criminal violation of part I of chapter 499;
 1764         (10) Any criminal violation of s. 409.920 or s. 409.9201;
 1765         (11) Any criminal violation of the Florida Money Laundering
 1766  Act;
 1767         (12) Any criminal violation of the Florida Securities and
 1768  Investor Protection Act; or
 1769         (13) Any violation of chapter 787, as well as any and all
 1770  offenses related to a violation of chapter 787;
 1771  
 1772  or any attempt, solicitation, or conspiracy to commit any
 1773  violation of the crimes specifically enumerated above, when any
 1774  such offense is occurring, or has occurred, in two or more
 1775  judicial circuits as part of a related transaction or when any
 1776  such offense is connected with an organized criminal conspiracy
 1777  affecting two or more judicial circuits. The statewide grand
 1778  jury may return indictments and presentments irrespective of the
 1779  county or judicial circuit where the offense is committed or
 1780  triable. If an indictment is returned, it shall be certified and
 1781  transferred for trial to the county where the offense was
 1782  committed. The powers and duties of, and law applicable to,
 1783  county grand juries shall apply to a statewide grand jury except
 1784  when such powers, duties, and law are inconsistent with the
 1785  provisions of ss. 905.31-905.40.
 1786         Section 38. Paragraph (a) of subsection (1) of section
 1787  934.07, Florida Statutes, is amended to read:
 1788         934.07 Authorization for interception of wire, oral, or
 1789  electronic communications.—
 1790         (1) The Governor, the Attorney General, the statewide
 1791  prosecutor, or any state attorney may authorize an application
 1792  to a judge of competent jurisdiction for, and such judge may
 1793  grant in conformity with ss. 934.03-934.09 an order authorizing
 1794  or approving the interception of, wire, oral, or electronic
 1795  communications by:
 1796         (a) The Department of Law Enforcement or any law
 1797  enforcement agency as defined in s. 934.02 having responsibility
 1798  for the investigation of the offense as to which the application
 1799  is made when such interception may provide or has provided
 1800  evidence of the commission of the offense of murder, kidnapping,
 1801  aircraft piracy, arson, gambling, robbery, burglary, theft,
 1802  dealing in stolen property, criminal usury, bribery, or
 1803  extortion; any felony violation of ss. 790.161-790.166,
 1804  inclusive; any violation of s. 787.06; any violation of chapter
 1805  893; any violation of the provisions of the Florida Anti-Fencing
 1806  Act; any violation of chapter 895; any violation of chapter 896;
 1807  any violation of chapter 815; any violation of chapter 847; any
 1808  violation of former s. 827.071; any violation of s. 944.40; or
 1809  any conspiracy or solicitation to commit any violation of the
 1810  laws of this state relating to the crimes specifically
 1811  enumerated in this paragraph.
 1812         Section 39. Section 938.085, Florida Statutes, is amended
 1813  to read:
 1814         938.085 Additional cost to fund rape crisis centers.—In
 1815  addition to any sanction imposed when a person pleads guilty or
 1816  nolo contendere to, or is found guilty of, regardless of
 1817  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 1818  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 1819  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 1820  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 1821  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 1822  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 1823  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 1824  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; former
 1825  s. 827.071; s. 836.10; s. 847.003; s. 847.0133; s. 847.0135
 1826  847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c), (7),
 1827  (8), (9)(a), (13), and (14)(c); or s. 985.701(1), the court
 1828  shall impose a surcharge of $151. Payment of the surcharge shall
 1829  be a condition of probation, community control, or any other
 1830  court-ordered supervision. The sum of $150 of the surcharge
 1831  shall be deposited into the Rape Crisis Program Trust Fund
 1832  established within the Department of Health by chapter 2003-140,
 1833  Laws of Florida. The clerk of the court shall retain $1 of each
 1834  surcharge that the clerk of the court collects as a service
 1835  charge of the clerk’s office.
 1836         Section 40. Subsection (1) of section 938.10, Florida
 1837  Statutes, is amended to read:
 1838         938.10 Additional court cost imposed in cases of certain
 1839  crimes.—
 1840         (1) If a person pleads guilty or nolo contendere to, or is
 1841  found guilty of, regardless of adjudication, any offense against
 1842  a minor in violation of s. 784.085, chapter 787, chapter 794,
 1843  former s. 796.03, former s. 796.035, s. 800.04, chapter 827,
 1844  former s. 827.071, s. 847.003, s. 847.012, s. 847.0133, s.
 1845  847.0135 847.0135(5), s. 847.0137, s. 847.0138, s. 847.0145, s.
 1846  893.147(3), or s. 985.701, or any offense in violation of s.
 1847  775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
 1848  court shall impose a court cost of $151 against the offender in
 1849  addition to any other cost or penalty required by law.
 1850         Section 41. Paragraph (h) of subsection (1) of section
 1851  943.0435, Florida Statutes, is amended to read:
 1852         943.0435 Sexual offenders required to register with the
 1853  department; penalty.—
 1854         (1) As used in this section, the term:
 1855         (h)1. “Sexual offender” means a person who meets the
 1856  criteria in sub-subparagraph a., sub-subparagraph b., sub
 1857  subparagraph c., or sub-subparagraph d., as follows:
 1858         a.(I) Has been convicted of committing, or attempting,
 1859  soliciting, or conspiring to commit, any of the criminal
 1860  offenses proscribed in the following statutes in this state or
 1861  similar offenses in another jurisdiction: s. 393.135(2); s.
 1862  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 1863  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
 1864  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
 1865  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
 1866  810.145(8); s. 825.1025; former s. 827.071; s. 847.003; s.
 1867  847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
 1868  847.0138; s. 847.0145; s. 895.03, if the court makes a written
 1869  finding that the racketeering activity involved at least one
 1870  sexual offense listed in this sub-sub-subparagraph or at least
 1871  one offense listed in this sub-sub-subparagraph with sexual
 1872  intent or motive; s. 916.1075(2); or s. 985.701(1); or any
 1873  similar offense committed in this state which has been
 1874  redesignated from a former statute number to one of those listed
 1875  in this sub-sub-subparagraph; and
 1876         (II) Has been released on or after October 1, 1997, from
 1877  the sanction imposed for any conviction of an offense described
 1878  in sub-sub-subparagraph (I). For purposes of sub-sub
 1879  subparagraph (I), a sanction imposed in this state or in any
 1880  other jurisdiction includes, but is not limited to, a fine,
 1881  probation, community control, parole, conditional release,
 1882  control release, or incarceration in a state prison, federal
 1883  prison, private correctional facility, or local detention
 1884  facility;
 1885         b. Establishes or maintains a residence in this state and
 1886  who has not been designated as a sexual predator by a court of
 1887  this state but who has been designated as a sexual predator, as
 1888  a sexually violent predator, or by another sexual offender
 1889  designation in another state or jurisdiction and was, as a
 1890  result of such designation, subjected to registration or
 1891  community or public notification, or both, or would be if the
 1892  person were a resident of that state or jurisdiction, without
 1893  regard to whether the person otherwise meets the criteria for
 1894  registration as a sexual offender;
 1895         c. Establishes or maintains a residence in this state who
 1896  is in the custody or control of, or under the supervision of,
 1897  any other state or jurisdiction as a result of a conviction for
 1898  committing, or attempting, soliciting, or conspiring to commit,
 1899  any of the criminal offenses proscribed in the following
 1900  statutes or similar offense in another jurisdiction: s.
 1901  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
 1902  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
 1903  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
 1904  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
 1905  s. 800.04; s. 810.145(8); s. 825.1025; former s. 827.071; s.
 1906  847.003; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
 1907  847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
 1908  makes a written finding that the racketeering activity involved
 1909  at least one sexual offense listed in this sub-subparagraph or
 1910  at least one offense listed in this sub-subparagraph with sexual
 1911  intent or motive; s. 916.1075(2); or s. 985.701(1); or any
 1912  similar offense committed in this state which has been
 1913  redesignated from a former statute number to one of those listed
 1914  in this sub-subparagraph; or
 1915         d. On or after July 1, 2007, has been adjudicated
 1916  delinquent for committing, or attempting, soliciting, or
 1917  conspiring to commit, any of the criminal offenses proscribed in
 1918  the following statutes in this state or similar offenses in
 1919  another jurisdiction when the juvenile was 14 years of age or
 1920  older at the time of the offense:
 1921         (I) Section 794.011, excluding s. 794.011(10);
 1922         (II) Section 800.04(4)(a)2. where the victim is under 12
 1923  years of age or where the court finds sexual activity by the use
 1924  of force or coercion;
 1925         (III) Section 800.04(5)(c)1. where the court finds
 1926  molestation involving unclothed genitals;
 1927         (IV) Section 800.04(5)(d) where the court finds the use of
 1928  force or coercion and unclothed genitals; or
 1929         (V) Any similar offense committed in this state which has
 1930  been redesignated from a former statute number to one of those
 1931  listed in this sub-subparagraph.
 1932         2. For all qualifying offenses listed in sub-subparagraph
 1933  1.d., the court shall make a written finding of the age of the
 1934  offender at the time of the offense.
 1935  
 1936  For each violation of a qualifying offense listed in this
 1937  subsection, except for a violation of s. 794.011, the court
 1938  shall make a written finding of the age of the victim at the
 1939  time of the offense. For a violation of s. 800.04(4), the court
 1940  shall also make a written finding indicating whether the offense
 1941  involved sexual activity and indicating whether the offense
 1942  involved force or coercion. For a violation of s. 800.04(5), the
 1943  court shall also make a written finding that the offense did or
 1944  did not involve unclothed genitals or genital area and that the
 1945  offense did or did not involve the use of force or coercion.
 1946         Section 42. Paragraph (a) of subsection (1) and subsection
 1947  (3) of section 943.04354, Florida Statutes, are amended to read:
 1948         943.04354 Removal of the requirement to register as a
 1949  sexual offender or sexual predator in special circumstances.—
 1950         (1) For purposes of this section, a person shall be
 1951  considered for removal of the requirement to register as a
 1952  sexual offender or sexual predator only if the person:
 1953         (a) Was convicted, regardless of adjudication, or
 1954  adjudicated delinquent of a violation of s. 800.04, former s.
 1955  827.071, s. 847.003, or s. 847.0135(5), or s. 847.0137(2) or of
 1956  a similar offense in another jurisdiction and if the person does
 1957  not have any other conviction, regardless of adjudication, or
 1958  adjudication of delinquency for a violation of s. 794.011, s.
 1959  800.04, former s. 827.071, s. 847.003, or s. 847.0135(5), or s.
 1960  847.0137(2) or for a similar offense in another jurisdiction;
 1961         (3) If a person provides to the Department of Law
 1962  Enforcement a certified copy of the court’s order removing the
 1963  requirement that the person register as a sexual offender or
 1964  sexual predator for the violation of s. 794.011, s. 800.04,
 1965  former s. 827.071, s. 847.003, or s. 847.0135(5), or s.
 1966  847.0137(2) or a similar offense in another jurisdiction, the
 1967  registration requirement will not apply to the person and the
 1968  department shall remove all information about the person from
 1969  the public registry of sexual offenders and sexual predators
 1970  maintained by the department. However, the removal of this
 1971  information from the public registry does not mean that the
 1972  public is denied access to information about the person’s
 1973  criminal history or record that is otherwise available as a
 1974  public record.
 1975         Section 43. Section 943.0585, Florida Statutes, is amended
 1976  to read:
 1977         943.0585 Court-ordered expunction of criminal history
 1978  records.—The courts of this state have jurisdiction over their
 1979  own procedures, including the maintenance, expunction, and
 1980  correction of judicial records containing criminal history
 1981  information to the extent such procedures are not inconsistent
 1982  with the conditions, responsibilities, and duties established by
 1983  this section. Any court of competent jurisdiction may order a
 1984  criminal justice agency to expunge the criminal history record
 1985  of a minor or an adult who complies with the requirements of
 1986  this section. The court shall not order a criminal justice
 1987  agency to expunge a criminal history record until the person
 1988  seeking to expunge a criminal history record has applied for and
 1989  received a certificate of eligibility for expunction pursuant to
 1990  subsection (2) or subsection (5). A criminal history record that
 1991  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
 1992  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
 1993  s. 825.1025, former s. 827.071, chapter 839, s. 847.003, s.
 1994  847.0133, s. 847.0135, s. 847.0137(2), s. 847.0145, s. 893.135,
 1995  s. 916.1075, a violation enumerated in s. 907.041, or any
 1996  violation specified as a predicate offense for registration as a
 1997  sexual predator pursuant to s. 775.21, without regard to whether
 1998  that offense alone is sufficient to require such registration,
 1999  or for registration as a sexual offender pursuant to s.
 2000  943.0435, may not be expunged, without regard to whether
 2001  adjudication was withheld, if the defendant was found guilty of
 2002  or pled guilty or nolo contendere to the offense, or if the
 2003  defendant, as a minor, was found to have committed, or pled
 2004  guilty or nolo contendere to committing, the offense as a
 2005  delinquent act. The court may only order expunction of a
 2006  criminal history record pertaining to one arrest or one incident
 2007  of alleged criminal activity, except as provided in this
 2008  section. The court may, at its sole discretion, order the
 2009  expunction of a criminal history record pertaining to more than
 2010  one arrest if the additional arrests directly relate to the
 2011  original arrest. If the court intends to order the expunction of
 2012  records pertaining to such additional arrests, such intent must
 2013  be specified in the order. A criminal justice agency may not
 2014  expunge any record pertaining to such additional arrests if the
 2015  order to expunge does not articulate the intention of the court
 2016  to expunge a record pertaining to more than one arrest. This
 2017  section does not prevent the court from ordering the expunction
 2018  of only a portion of a criminal history record pertaining to one
 2019  arrest or one incident of alleged criminal activity.
 2020  Notwithstanding any law to the contrary, a criminal justice
 2021  agency may comply with laws, court orders, and official requests
 2022  of other jurisdictions relating to expunction, correction, or
 2023  confidential handling of criminal history records or information
 2024  derived therefrom. This section does not confer any right to the
 2025  expunction of any criminal history record, and any request for
 2026  expunction of a criminal history record may be denied at the
 2027  sole discretion of the court.
 2028         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
 2029  petition to a court to expunge a criminal history record is
 2030  complete only when accompanied by:
 2031         (a) A valid certificate of eligibility for expunction
 2032  issued by the department pursuant to subsection (2).
 2033         (b) The petitioner’s sworn statement attesting that the
 2034  petitioner:
 2035         1. Has never, prior to the date on which the petition is
 2036  filed, been adjudicated guilty of a criminal offense or
 2037  comparable ordinance violation, or been adjudicated delinquent
 2038  for committing any felony or a misdemeanor specified in s.
 2039  943.051(3)(b).
 2040         2. Has not been adjudicated guilty of, or adjudicated
 2041  delinquent for committing, any of the acts stemming from the
 2042  arrest or alleged criminal activity to which the petition
 2043  pertains.
 2044         3. Has never secured a prior sealing or expunction of a
 2045  criminal history record under this section, s. 943.059, former
 2046  s. 893.14, former s. 901.33, or former s. 943.058, unless
 2047  expunction is sought of a criminal history record previously
 2048  sealed for 10 years pursuant to paragraph (2)(h) and the record
 2049  is otherwise eligible for expunction.
 2050         4. Is eligible for such an expunction to the best of his or
 2051  her knowledge or belief and does not have any other petition to
 2052  expunge or any petition to seal pending before any court.
 2053  
 2054  Any person who knowingly provides false information on such
 2055  sworn statement to the court commits a felony of the third
 2056  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2057  775.084.
 2058         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
 2059  petitioning the court to expunge a criminal history record, a
 2060  person seeking to expunge a criminal history record shall apply
 2061  to the department for a certificate of eligibility for
 2062  expunction. The department shall, by rule adopted pursuant to
 2063  chapter 120, establish procedures pertaining to the application
 2064  for and issuance of certificates of eligibility for expunction.
 2065  A certificate of eligibility for expunction is valid for 12
 2066  months after the date stamped on the certificate when issued by
 2067  the department. After that time, the petitioner must reapply to
 2068  the department for a new certificate of eligibility. Eligibility
 2069  for a renewed certification of eligibility must be based on the
 2070  status of the applicant and the law in effect at the time of the
 2071  renewal application. The department shall issue a certificate of
 2072  eligibility for expunction to a person who is the subject of a
 2073  criminal history record if that person:
 2074         (a) Has obtained, and submitted to the department, a
 2075  written, certified statement from the appropriate state attorney
 2076  or statewide prosecutor which indicates:
 2077         1. That an indictment, information, or other charging
 2078  document was not filed or issued in the case.
 2079         2. That an indictment, information, or other charging
 2080  document, if filed or issued in the case, was dismissed or nolle
 2081  prosequi by the state attorney or statewide prosecutor, or was
 2082  dismissed by a court of competent jurisdiction, and that none of
 2083  the charges related to the arrest or alleged criminal activity
 2084  to which the petition to expunge pertains resulted in a trial,
 2085  without regard to whether the outcome of the trial was other
 2086  than an adjudication of guilt.
 2087         3. That the criminal history record does not relate to a
 2088  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 2089  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
 2090  former s. 827.071, chapter 839, s. 847.003, s. 847.0133, s.
 2091  847.0135, s. 847.0137(2), s. 847.0145, s. 893.135, s. 916.1075,
 2092  a violation enumerated in s. 907.041, or any violation specified
 2093  as a predicate offense for registration as a sexual predator
 2094  pursuant to s. 775.21, without regard to whether that offense
 2095  alone is sufficient to require such registration, or for
 2096  registration as a sexual offender pursuant to s. 943.0435, where
 2097  the defendant was found guilty of, or pled guilty or nolo
 2098  contendere to any such offense, or that the defendant, as a
 2099  minor, was found to have committed, or pled guilty or nolo
 2100  contendere to committing, such an offense as a delinquent act,
 2101  without regard to whether adjudication was withheld.
 2102         (b) Remits a $75 processing fee to the department for
 2103  placement in the Department of Law Enforcement Operating Trust
 2104  Fund, unless such fee is waived by the executive director.
 2105         (c) Has submitted to the department a certified copy of the
 2106  disposition of the charge to which the petition to expunge
 2107  pertains.
 2108         (d) Has never, prior to the date on which the application
 2109  for a certificate of eligibility is filed, been adjudicated
 2110  guilty of a criminal offense or comparable ordinance violation,
 2111  or been adjudicated delinquent for committing any felony or a
 2112  misdemeanor specified in s. 943.051(3)(b).
 2113         (e) Has not been adjudicated guilty of, or adjudicated
 2114  delinquent for committing, any of the acts stemming from the
 2115  arrest or alleged criminal activity to which the petition to
 2116  expunge pertains.
 2117         (f) Has never secured a prior sealing or expunction of a
 2118  criminal history record under this section, s. 943.059, former
 2119  s. 893.14, former s. 901.33, or former s. 943.058, unless
 2120  expunction is sought of a criminal history record previously
 2121  sealed for 10 years pursuant to paragraph (h) and the record is
 2122  otherwise eligible for expunction.
 2123         (g) Is no longer under court supervision applicable to the
 2124  disposition of the arrest or alleged criminal activity to which
 2125  the petition to expunge pertains.
 2126         (h) Has previously obtained a court order sealing the
 2127  record under this section, former s. 893.14, former s. 901.33,
 2128  or former s. 943.058 for a minimum of 10 years because
 2129  adjudication was withheld or because all charges related to the
 2130  arrest or alleged criminal activity to which the petition to
 2131  expunge pertains were not dismissed prior to trial, without
 2132  regard to whether the outcome of the trial was other than an
 2133  adjudication of guilt. The requirement for the record to have
 2134  previously been sealed for a minimum of 10 years does not apply
 2135  when a plea was not entered or all charges related to the arrest
 2136  or alleged criminal activity to which the petition to expunge
 2137  pertains were dismissed prior to trial.
 2138         (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
 2139         (a) In judicial proceedings under this section, a copy of
 2140  the completed petition to expunge shall be served upon the
 2141  appropriate state attorney or the statewide prosecutor and upon
 2142  the arresting agency; however, it is not necessary to make any
 2143  agency other than the state a party. The appropriate state
 2144  attorney or the statewide prosecutor and the arresting agency
 2145  may respond to the court regarding the completed petition to
 2146  expunge.
 2147         (b) If relief is granted by the court, the clerk of the
 2148  court shall certify copies of the order to the appropriate state
 2149  attorney or the statewide prosecutor and the arresting agency.
 2150  The arresting agency is responsible for forwarding the order to
 2151  any other agency to which the arresting agency disseminated the
 2152  criminal history record information to which the order pertains.
 2153  The department shall forward the order to expunge to the Federal
 2154  Bureau of Investigation. The clerk of the court shall certify a
 2155  copy of the order to any other agency which the records of the
 2156  court reflect has received the criminal history record from the
 2157  court.
 2158         (c) For an order to expunge entered by a court prior to
 2159  July 1, 1992, the department shall notify the appropriate state
 2160  attorney or statewide prosecutor of an order to expunge which is
 2161  contrary to law because the person who is the subject of the
 2162  record has previously been convicted of a crime or comparable
 2163  ordinance violation or has had a prior criminal history record
 2164  sealed or expunged. Upon receipt of such notice, the appropriate
 2165  state attorney or statewide prosecutor shall take action, within
 2166  60 days, to correct the record and petition the court to void
 2167  the order to expunge. The department shall seal the record until
 2168  such time as the order is voided by the court.
 2169         (d) On or after July 1, 1992, the department or any other
 2170  criminal justice agency is not required to act on an order to
 2171  expunge entered by a court when such order does not comply with
 2172  the requirements of this section. Upon receipt of such an order,
 2173  the department must notify the issuing court, the appropriate
 2174  state attorney or statewide prosecutor, the petitioner or the
 2175  petitioner’s attorney, and the arresting agency of the reason
 2176  for noncompliance. The appropriate state attorney or statewide
 2177  prosecutor shall take action within 60 days to correct the
 2178  record and petition the court to void the order. No cause of
 2179  action, including contempt of court, shall arise against any
 2180  criminal justice agency for failure to comply with an order to
 2181  expunge when the petitioner for such order failed to obtain the
 2182  certificate of eligibility as required by this section or such
 2183  order does not otherwise comply with the requirements of this
 2184  section.
 2185         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
 2186  criminal history record of a minor or an adult which is ordered
 2187  expunged by a court of competent jurisdiction pursuant to this
 2188  section must be physically destroyed or obliterated by any
 2189  criminal justice agency having custody of such record; except
 2190  that any criminal history record in the custody of the
 2191  department must be retained in all cases. A criminal history
 2192  record ordered expunged that is retained by the department is
 2193  confidential and exempt from the provisions of s. 119.07(1) and
 2194  s. 24(a), Art. I of the State Constitution and not available to
 2195  any person or entity except upon order of a court of competent
 2196  jurisdiction. A criminal justice agency may retain a notation
 2197  indicating compliance with an order to expunge.
 2198         (a) The person who is the subject of a criminal history
 2199  record that is expunged under this section or under other
 2200  provisions of law, including former s. 893.14, former s. 901.33,
 2201  and former s. 943.058, may lawfully deny or fail to acknowledge
 2202  the arrests covered by the expunged record, except when the
 2203  subject of the record:
 2204         1. Is a candidate for employment with a criminal justice
 2205  agency;
 2206         2. Is a defendant in a criminal prosecution;
 2207         3. Concurrently or subsequently petitions for relief under
 2208  this section, s. 943.0583, or s. 943.059;
 2209         4. Is a candidate for admission to The Florida Bar;
 2210         5. Is seeking to be employed or licensed by or to contract
 2211  with the Department of Children and Families, the Division of
 2212  Vocational Rehabilitation within the Department of Education,
 2213  the Agency for Health Care Administration, the Agency for
 2214  Persons with Disabilities, the Department of Health, the
 2215  Department of Elderly Affairs, or the Department of Juvenile
 2216  Justice or to be employed or used by such contractor or licensee
 2217  in a sensitive position having direct contact with children, the
 2218  disabled, or the elderly;
 2219         6. Is seeking to be employed or licensed by the Department
 2220  of Education, any district school board, any university
 2221  laboratory school, any charter school, any private or parochial
 2222  school, or any local governmental entity that licenses child
 2223  care facilities;
 2224         7. Is seeking to be licensed by the Division of Insurance
 2225  Agent and Agency Services within the Department of Financial
 2226  Services; or
 2227         8. Is seeking to be appointed as a guardian pursuant to s.
 2228  744.3125.
 2229         (b) Subject to the exceptions in paragraph (a), a person
 2230  who has been granted an expunction under this section, former s.
 2231  893.14, former s. 901.33, or former s. 943.058 may not be held
 2232  under any provision of law of this state to commit perjury or to
 2233  be otherwise liable for giving a false statement by reason of
 2234  such person’s failure to recite or acknowledge an expunged
 2235  criminal history record.
 2236         (c) Information relating to the existence of an expunged
 2237  criminal history record which is provided in accordance with
 2238  paragraph (a) is confidential and exempt from the provisions of
 2239  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 2240  except that the department shall disclose the existence of a
 2241  criminal history record ordered expunged to the entities set
 2242  forth in subparagraphs (a)1., 4., 5., 6., 7., and 8. for their
 2243  respective licensing, access authorization, and employment
 2244  purposes, and to criminal justice agencies for their respective
 2245  criminal justice purposes. It is unlawful for any employee of an
 2246  entity set forth in subparagraph (a)1., subparagraph (a)4.,
 2247  subparagraph (a)5., subparagraph (a)6., subparagraph (a)7., or
 2248  subparagraph (a)8. to disclose information relating to the
 2249  existence of an expunged criminal history record of a person
 2250  seeking employment, access authorization, or licensure with such
 2251  entity or contractor, except to the person to whom the criminal
 2252  history record relates or to persons having direct
 2253  responsibility for employment, access authorization, or
 2254  licensure decisions. Any person who violates this paragraph
 2255  commits a misdemeanor of the first degree, punishable as
 2256  provided in s. 775.082 or s. 775.083.
 2257         (5) EXCEPTION FOR LAWFUL SELF-DEFENSE.—Notwithstanding the
 2258  eligibility requirements prescribed in paragraph (1)(b) and
 2259  subsection (2), the department shall issue a certificate of
 2260  eligibility for expunction under this subsection to a person who
 2261  is the subject of a criminal history record if that person:
 2262         (a) Has obtained, and submitted to the department, on a
 2263  form provided by the department, a written, certified statement
 2264  from the appropriate state attorney or statewide prosecutor
 2265  which states whether an information, indictment, or other
 2266  charging document was not filed or was dismissed by the state
 2267  attorney, or dismissed by the court, because it was found that
 2268  the person acted in lawful self-defense pursuant to the
 2269  provisions related to justifiable use of force in chapter 776.
 2270         (b) Each petition to a court to expunge a criminal history
 2271  record pursuant to this subsection is complete only when
 2272  accompanied by:
 2273         1. A valid certificate of eligibility for expunction issued
 2274  by the department pursuant to this subsection.
 2275         2. The petitioner’s sworn statement attesting that the
 2276  petitioner is eligible for such an expunction to the best of his
 2277  or her knowledge or belief.
 2278  
 2279  Any person who knowingly provides false information on such
 2280  sworn statement to the court commits a felony of the third
 2281  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2282  775.084.
 2283         (c) This subsection does not confer any right to the
 2284  expunction of a criminal history record, and any request for
 2285  expunction of a criminal history record may be denied at the
 2286  discretion of the court.
 2287         (d) Subsections (3) and (4) shall apply to expunction
 2288  ordered under this subsection.
 2289         (e) The department shall, by rule adopted pursuant to
 2290  chapter 120, establish procedures pertaining to the application
 2291  for and issuance of certificates of eligibility for expunction
 2292  under this subsection.
 2293         (6) STATUTORY REFERENCES.—Any reference to any other
 2294  chapter, section, or subdivision of the Florida Statutes in this
 2295  section constitutes a general reference under the doctrine of
 2296  incorporation by reference.
 2297         Section 44. Section 943.059, Florida Statutes, is amended
 2298  to read:
 2299         943.059 Court-ordered sealing of criminal history records.
 2300  The courts of this state shall continue to have jurisdiction
 2301  over their own procedures, including the maintenance, sealing,
 2302  and correction of judicial records containing criminal history
 2303  information to the extent such procedures are not inconsistent
 2304  with the conditions, responsibilities, and duties established by
 2305  this section. Any court of competent jurisdiction may order a
 2306  criminal justice agency to seal the criminal history record of a
 2307  minor or an adult who complies with the requirements of this
 2308  section. The court shall not order a criminal justice agency to
 2309  seal a criminal history record until the person seeking to seal
 2310  a criminal history record has applied for and received a
 2311  certificate of eligibility for sealing pursuant to subsection
 2312  (2). A criminal history record that relates to a violation of s.
 2313  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
 2314  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, former s.
 2315  827.071, chapter 839, s. 847.003, s. 847.0133, s. 847.0135, s.
 2316  847.0137(2), s. 847.0145, s. 893.135, s. 916.1075, a violation
 2317  enumerated in s. 907.041, or any violation specified as a
 2318  predicate offense for registration as a sexual predator pursuant
 2319  to s. 775.21, without regard to whether that offense alone is
 2320  sufficient to require such registration, or for registration as
 2321  a sexual offender pursuant to s. 943.0435, may not be sealed,
 2322  without regard to whether adjudication was withheld, if the
 2323  defendant was found guilty of or pled guilty or nolo contendere
 2324  to the offense, or if the defendant, as a minor, was found to
 2325  have committed or pled guilty or nolo contendere to committing
 2326  the offense as a delinquent act. The court may only order
 2327  sealing of a criminal history record pertaining to one arrest or
 2328  one incident of alleged criminal activity, except as provided in
 2329  this section. The court may, at its sole discretion, order the
 2330  sealing of a criminal history record pertaining to more than one
 2331  arrest if the additional arrests directly relate to the original
 2332  arrest. If the court intends to order the sealing of records
 2333  pertaining to such additional arrests, such intent must be
 2334  specified in the order. A criminal justice agency may not seal
 2335  any record pertaining to such additional arrests if the order to
 2336  seal does not articulate the intention of the court to seal
 2337  records pertaining to more than one arrest. This section does
 2338  not prevent the court from ordering the sealing of only a
 2339  portion of a criminal history record pertaining to one arrest or
 2340  one incident of alleged criminal activity. Notwithstanding any
 2341  law to the contrary, a criminal justice agency may comply with
 2342  laws, court orders, and official requests of other jurisdictions
 2343  relating to sealing, correction, or confidential handling of
 2344  criminal history records or information derived therefrom. This
 2345  section does not confer any right to the sealing of any criminal
 2346  history record, and any request for sealing a criminal history
 2347  record may be denied at the sole discretion of the court.
 2348         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
 2349  petition to a court to seal a criminal history record is
 2350  complete only when accompanied by:
 2351         (a) A valid certificate of eligibility for sealing issued
 2352  by the department pursuant to subsection (2).
 2353         (b) The petitioner’s sworn statement attesting that the
 2354  petitioner:
 2355         1. Has never, prior to the date on which the petition is
 2356  filed, been adjudicated guilty of a criminal offense or
 2357  comparable ordinance violation, or been adjudicated delinquent
 2358  for committing any felony or a misdemeanor specified in s.
 2359  943.051(3)(b).
 2360         2. Has not been adjudicated guilty of or adjudicated
 2361  delinquent for committing any of the acts stemming from the
 2362  arrest or alleged criminal activity to which the petition to
 2363  seal pertains.
 2364         3. Has never secured a prior sealing or expunction of a
 2365  criminal history record under this section, s. 943.0585, former
 2366  s. 893.14, former s. 901.33, or former s. 943.058.
 2367         4. Is eligible for such a sealing to the best of his or her
 2368  knowledge or belief and does not have any other petition to seal
 2369  or any petition to expunge pending before any court.
 2370  
 2371  Any person who knowingly provides false information on such
 2372  sworn statement to the court commits a felony of the third
 2373  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2374  775.084.
 2375         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
 2376  petitioning the court to seal a criminal history record, a
 2377  person seeking to seal a criminal history record shall apply to
 2378  the department for a certificate of eligibility for sealing. The
 2379  department shall, by rule adopted pursuant to chapter 120,
 2380  establish procedures pertaining to the application for and
 2381  issuance of certificates of eligibility for sealing. A
 2382  certificate of eligibility for sealing is valid for 12 months
 2383  after the date stamped on the certificate when issued by the
 2384  department. After that time, the petitioner must reapply to the
 2385  department for a new certificate of eligibility. Eligibility for
 2386  a renewed certification of eligibility must be based on the
 2387  status of the applicant and the law in effect at the time of the
 2388  renewal application. The department shall issue a certificate of
 2389  eligibility for sealing to a person who is the subject of a
 2390  criminal history record provided that such person:
 2391         (a) Has submitted to the department a certified copy of the
 2392  disposition of the charge to which the petition to seal
 2393  pertains.
 2394         (b) Remits a $75 processing fee to the department for
 2395  placement in the Department of Law Enforcement Operating Trust
 2396  Fund, unless such fee is waived by the executive director.
 2397         (c) Has never, prior to the date on which the application
 2398  for a certificate of eligibility is filed, been adjudicated
 2399  guilty of a criminal offense or comparable ordinance violation,
 2400  or been adjudicated delinquent for committing any felony or a
 2401  misdemeanor specified in s. 943.051(3)(b).
 2402         (d) Has not been adjudicated guilty of or adjudicated
 2403  delinquent for committing any of the acts stemming from the
 2404  arrest or alleged criminal activity to which the petition to
 2405  seal pertains.
 2406         (e) Has never secured a prior sealing or expunction of a
 2407  criminal history record under this section, s. 943.0585, former
 2408  s. 893.14, former s. 901.33, or former s. 943.058.
 2409         (f) Is no longer under court supervision applicable to the
 2410  disposition of the arrest or alleged criminal activity to which
 2411  the petition to seal pertains.
 2412         (3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
 2413         (a) In judicial proceedings under this section, a copy of
 2414  the completed petition to seal shall be served upon the
 2415  appropriate state attorney or the statewide prosecutor and upon
 2416  the arresting agency; however, it is not necessary to make any
 2417  agency other than the state a party. The appropriate state
 2418  attorney or the statewide prosecutor and the arresting agency
 2419  may respond to the court regarding the completed petition to
 2420  seal.
 2421         (b) If relief is granted by the court, the clerk of the
 2422  court shall certify copies of the order to the appropriate state
 2423  attorney or the statewide prosecutor and to the arresting
 2424  agency. The arresting agency is responsible for forwarding the
 2425  order to any other agency to which the arresting agency
 2426  disseminated the criminal history record information to which
 2427  the order pertains. The department shall forward the order to
 2428  seal to the Federal Bureau of Investigation. The clerk of the
 2429  court shall certify a copy of the order to any other agency
 2430  which the records of the court reflect has received the criminal
 2431  history record from the court.
 2432         (c) For an order to seal entered by a court prior to July
 2433  1, 1992, the department shall notify the appropriate state
 2434  attorney or statewide prosecutor of any order to seal which is
 2435  contrary to law because the person who is the subject of the
 2436  record has previously been convicted of a crime or comparable
 2437  ordinance violation or has had a prior criminal history record
 2438  sealed or expunged. Upon receipt of such notice, the appropriate
 2439  state attorney or statewide prosecutor shall take action, within
 2440  60 days, to correct the record and petition the court to void
 2441  the order to seal. The department shall seal the record until
 2442  such time as the order is voided by the court.
 2443         (d) On or after July 1, 1992, the department or any other
 2444  criminal justice agency is not required to act on an order to
 2445  seal entered by a court when such order does not comply with the
 2446  requirements of this section. Upon receipt of such an order, the
 2447  department must notify the issuing court, the appropriate state
 2448  attorney or statewide prosecutor, the petitioner or the
 2449  petitioner’s attorney, and the arresting agency of the reason
 2450  for noncompliance. The appropriate state attorney or statewide
 2451  prosecutor shall take action within 60 days to correct the
 2452  record and petition the court to void the order. No cause of
 2453  action, including contempt of court, shall arise against any
 2454  criminal justice agency for failure to comply with an order to
 2455  seal when the petitioner for such order failed to obtain the
 2456  certificate of eligibility as required by this section or when
 2457  such order does not comply with the requirements of this
 2458  section.
 2459         (e) An order sealing a criminal history record pursuant to
 2460  this section does not require that such record be surrendered to
 2461  the court, and such record shall continue to be maintained by
 2462  the department and other criminal justice agencies.
 2463         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
 2464  history record of a minor or an adult which is ordered sealed by
 2465  a court pursuant to this section is confidential and exempt from
 2466  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 2467  Constitution and is available only to the person who is the
 2468  subject of the record, to the subject’s attorney, to criminal
 2469  justice agencies for their respective criminal justice purposes,
 2470  which include conducting a criminal history background check for
 2471  approval of firearms purchases or transfers as authorized by
 2472  state or federal law, to judges in the state courts system for
 2473  the purpose of assisting them in their case-related
 2474  decisionmaking responsibilities, as set forth in s. 943.053(5),
 2475  or to those entities set forth in subparagraphs (a)1., 4., 5.,
 2476  6., 8., 9., and 10. for their respective licensing, access
 2477  authorization, and employment purposes.
 2478         (a) The subject of a criminal history record sealed under
 2479  this section or under other provisions of law, including former
 2480  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
 2481  deny or fail to acknowledge the arrests covered by the sealed
 2482  record, except when the subject of the record:
 2483         1. Is a candidate for employment with a criminal justice
 2484  agency;
 2485         2. Is a defendant in a criminal prosecution;
 2486         3. Concurrently or subsequently petitions for relief under
 2487  this section, s. 943.0583, or s. 943.0585;
 2488         4. Is a candidate for admission to The Florida Bar;
 2489         5. Is seeking to be employed or licensed by or to contract
 2490  with the Department of Children and Families, the Division of
 2491  Vocational Rehabilitation within the Department of Education,
 2492  the Agency for Health Care Administration, the Agency for
 2493  Persons with Disabilities, the Department of Health, the
 2494  Department of Elderly Affairs, or the Department of Juvenile
 2495  Justice or to be employed or used by such contractor or licensee
 2496  in a sensitive position having direct contact with children, the
 2497  disabled, or the elderly;
 2498         6. Is seeking to be employed or licensed by the Department
 2499  of Education, a district school board, a university laboratory
 2500  school, a charter school, a private or parochial school, or a
 2501  local governmental entity that licenses child care facilities;
 2502         7. Is attempting to purchase a firearm from a licensed
 2503  importer, licensed manufacturer, or licensed dealer and is
 2504  subject to a criminal history check under state or federal law;
 2505         8. Is seeking to be licensed by the Division of Insurance
 2506  Agent and Agency Services within the Department of Financial
 2507  Services;
 2508         9. Is seeking to be appointed as a guardian pursuant to s.
 2509  744.3125; or
 2510         10. Is seeking to be licensed by the Bureau of License
 2511  Issuance of the Division of Licensing within the Department of
 2512  Agriculture and Consumer Services to carry a concealed weapon or
 2513  concealed firearm. This subparagraph applies only in the
 2514  determination of an applicant’s eligibility under s. 790.06.
 2515         (b) Subject to the exceptions in paragraph (a), a person
 2516  who has been granted a sealing under this section, former s.
 2517  893.14, former s. 901.33, or former s. 943.058 may not be held
 2518  under any provision of law of this state to commit perjury or to
 2519  be otherwise liable for giving a false statement by reason of
 2520  such person’s failure to recite or acknowledge a sealed criminal
 2521  history record.
 2522         (c) Information relating to the existence of a sealed
 2523  criminal record provided in accordance with the provisions of
 2524  paragraph (a) is confidential and exempt from the provisions of
 2525  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 2526  except that the department shall disclose the sealed criminal
 2527  history record to the entities set forth in subparagraphs (a)1.,
 2528  4., 5., 6., 8., 9., and 10. for their respective licensing,
 2529  access authorization, and employment purposes. An employee of an
 2530  entity set forth in subparagraph (a)1., subparagraph (a)4.,
 2531  subparagraph (a)5., subparagraph (a)6., subparagraph (a)8.,
 2532  subparagraph (a)9., or subparagraph (a)10. may not disclose
 2533  information relating to the existence of a sealed criminal
 2534  history record of a person seeking employment, access
 2535  authorization, or licensure with such entity or contractor,
 2536  except to the person to whom the criminal history record relates
 2537  or to persons having direct responsibility for employment,
 2538  access authorization, or licensure decisions. A person who
 2539  violates the provisions of this paragraph commits a misdemeanor
 2540  of the first degree, punishable as provided in s. 775.082 or s.
 2541  775.083.
 2542         (5) STATUTORY REFERENCES.—Any reference to any other
 2543  chapter, section, or subdivision of the Florida Statutes in this
 2544  section constitutes a general reference under the doctrine of
 2545  incorporation by reference.
 2546         Section 45. Paragraph (f) of subsection (1) of section
 2547  944.606, Florida Statutes, is amended to read:
 2548         944.606 Sexual offenders; notification upon release.—
 2549         (1) As used in this section, the term:
 2550         (f) “Sexual offender” means a person who has been convicted
 2551  of committing, or attempting, soliciting, or conspiring to
 2552  commit, any of the criminal offenses proscribed in the following
 2553  statutes in this state or similar offenses in another
 2554  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 2555  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
 2556  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
 2557  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
 2558  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; former
 2559  s. 827.071; s. 847.003; s. 847.0133; s. 847.0135, excluding s.
 2560  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03,
 2561  if the court makes a written finding that the racketeering
 2562  activity involved at least one sexual offense listed in this
 2563  paragraph or at least one offense listed in this paragraph with
 2564  sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or
 2565  any similar offense committed in this state which has been
 2566  redesignated from a former statute number to one of those listed
 2567  in this subsection, when the department has received verified
 2568  information regarding such conviction; an offender’s
 2569  computerized criminal history record is not, in and of itself,
 2570  verified information.
 2571         Section 46. Paragraph (f) of subsection (1) of section
 2572  944.607, Florida Statutes, is amended to read:
 2573         944.607 Notification to Department of Law Enforcement of
 2574  information on sexual offenders.—
 2575         (1) As used in this section, the term:
 2576         (f) “Sexual offender” means a person who is in the custody
 2577  or control of, or under the supervision of, the department or is
 2578  in the custody of a private correctional facility:
 2579         1. On or after October 1, 1997, as a result of a conviction
 2580  for committing, or attempting, soliciting, or conspiring to
 2581  commit, any of the criminal offenses proscribed in the following
 2582  statutes in this state or similar offenses in another
 2583  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 2584  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
 2585  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
 2586  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
 2587  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; former
 2588  s. 827.071; s. 847.003; s. 847.0133; s. 847.0135, excluding s.
 2589  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03,
 2590  if the court makes a written finding that the racketeering
 2591  activity involved at least one sexual offense listed in this
 2592  subparagraph or at least one offense listed in this subparagraph
 2593  with sexual intent or motive; s. 916.1075(2); or s. 985.701(1);
 2594  or any similar offense committed in this state which has been
 2595  redesignated from a former statute number to one of those listed
 2596  in this paragraph; or
 2597         2. Who establishes or maintains a residence in this state
 2598  and who has not been designated as a sexual predator by a court
 2599  of this state but who has been designated as a sexual predator,
 2600  as a sexually violent predator, or by another sexual offender
 2601  designation in another state or jurisdiction and was, as a
 2602  result of such designation, subjected to registration or
 2603  community or public notification, or both, or would be if the
 2604  person were a resident of that state or jurisdiction, without
 2605  regard as to whether the person otherwise meets the criteria for
 2606  registration as a sexual offender.
 2607         Section 47. Subsections (7), (10), and (14) of section
 2608  947.1405, Florida Statutes, are amended, and subsection (15) is
 2609  added to that section, to read:
 2610         947.1405 Conditional release program.—
 2611         (7)(a) Any inmate who is convicted of a crime committed on
 2612  or after October 1, 1995, or who has been previously convicted
 2613  of a crime committed on or after October 1, 1995, in violation
 2614  of chapter 794, s. 800.04, former s. 827.071, s. 847.0135(5), or
 2615  s. 847.0145, and is subject to conditional release supervision,
 2616  shall have, in addition to any other conditions imposed, the
 2617  following special conditions imposed by the commission:
 2618         1. A mandatory curfew from 10 p.m. to 6 a.m. The commission
 2619  may designate another 8-hour period if the offender’s employment
 2620  precludes the above specified time, and such alternative is
 2621  recommended by the Department of Corrections. If the commission
 2622  determines that imposing a curfew would endanger the victim, the
 2623  commission may consider alternative sanctions.
 2624         2. If the victim was under the age of 18, a prohibition on
 2625  living within 1,000 feet of a school, child care facility, park,
 2626  playground, designated public school bus stop, or other place
 2627  where children regularly congregate. A releasee who is subject
 2628  to this subparagraph may not relocate to a residence that is
 2629  within 1,000 feet of a public school bus stop. Beginning October
 2630  1, 2004, the commission or the department may not approve a
 2631  residence that is located within 1,000 feet of a school, child
 2632  care facility, park, playground, designated school bus stop, or
 2633  other place where children regularly congregate for any releasee
 2634  who is subject to this subparagraph. On October 1, 2004, the
 2635  department shall notify each affected school district of the
 2636  location of the residence of a releasee 30 days prior to release
 2637  and thereafter, if the releasee relocates to a new residence,
 2638  shall notify any affected school district of the residence of
 2639  the releasee within 30 days after relocation. If, on October 1,
 2640  2004, any public school bus stop is located within 1,000 feet of
 2641  the existing residence of such releasee, the district school
 2642  board shall relocate that school bus stop. Beginning October 1,
 2643  2004, a district school board may not establish or relocate a
 2644  public school bus stop within 1,000 feet of the residence of a
 2645  releasee who is subject to this subparagraph. The failure of the
 2646  district school board to comply with this subparagraph shall not
 2647  result in a violation of conditional release supervision. A
 2648  releasee who is subject to this subparagraph may not be forced
 2649  to relocate and does not violate his or her conditional release
 2650  supervision if he or she is living in a residence that meets the
 2651  requirements of this subparagraph and a school, child care
 2652  facility, park, playground, designated public school bus stop,
 2653  or other place where children regularly congregate is
 2654  subsequently established within 1,000 feet of his or her
 2655  residence.
 2656         3. Active participation in and successful completion of a
 2657  sex offender treatment program with qualified practitioners
 2658  specifically trained to treat sex offenders, at the releasee’s
 2659  own expense. If a qualified practitioner is not available within
 2660  a 50-mile radius of the releasee’s residence, the offender shall
 2661  participate in other appropriate therapy.
 2662         4. A prohibition on any contact with the victim, directly
 2663  or indirectly, including through a third person, unless approved
 2664  by the victim, a qualified practitioner in the sexual offender
 2665  treatment program, and the sentencing court.
 2666         5. If the victim was under the age of 18, a prohibition
 2667  against contact with children under the age of 18 without review
 2668  and approval by the commission. The commission may approve
 2669  supervised contact with a child under the age of 18 if the
 2670  approval is based upon a recommendation for contact issued by a
 2671  qualified practitioner who is basing the recommendation on a
 2672  risk assessment. Further, the sex offender must be currently
 2673  enrolled in or have successfully completed a sex offender
 2674  therapy program. The commission may not grant supervised contact
 2675  with a child if the contact is not recommended by a qualified
 2676  practitioner and may deny supervised contact with a child at any
 2677  time. When considering whether to approve supervised contact
 2678  with a child, the commission must review and consider the
 2679  following:
 2680         a. A risk assessment completed by a qualified practitioner.
 2681  The qualified practitioner must prepare a written report that
 2682  must include the findings of the assessment and address each of
 2683  the following components:
 2684         (I) The sex offender’s current legal status;
 2685         (II) The sex offender’s history of adult charges with
 2686  apparent sexual motivation;
 2687         (III) The sex offender’s history of adult charges without
 2688  apparent sexual motivation;
 2689         (IV) The sex offender’s history of juvenile charges,
 2690  whenever available;
 2691         (V) The sex offender’s offender treatment history,
 2692  including a consultation from the sex offender’s treating, or
 2693  most recent treating, therapist;
 2694         (VI) The sex offender’s current mental status;
 2695         (VII) The sex offender’s mental health and substance abuse
 2696  history as provided by the Department of Corrections;
 2697         (VIII) The sex offender’s personal, social, educational,
 2698  and work history;
 2699         (IX) The results of current psychological testing of the
 2700  sex offender if determined necessary by the qualified
 2701  practitioner;
 2702         (X) A description of the proposed contact, including the
 2703  location, frequency, duration, and supervisory arrangement;
 2704         (XI) The child’s preference and relative comfort level with
 2705  the proposed contact, when age-appropriate;
 2706         (XII) The parent’s or legal guardian’s preference regarding
 2707  the proposed contact; and
 2708         (XIII) The qualified practitioner’s opinion, along with the
 2709  basis for that opinion, as to whether the proposed contact would
 2710  likely pose significant risk of emotional or physical harm to
 2711  the child.
 2712  
 2713  The written report of the assessment must be given to the
 2714  commission.
 2715         b. A recommendation made as a part of the risk-assessment
 2716  report as to whether supervised contact with the child should be
 2717  approved;
 2718         c. A written consent signed by the child’s parent or legal
 2719  guardian, if the parent or legal guardian is not the sex
 2720  offender, agreeing to the sex offender having supervised contact
 2721  with the child after receiving full disclosure of the sex
 2722  offender’s present legal status, past criminal history, and the
 2723  results of the risk assessment. The commission may not approve
 2724  contact with the child if the parent or legal guardian refuses
 2725  to give written consent for supervised contact;
 2726         d. A safety plan prepared by the qualified practitioner,
 2727  who provides treatment to the offender, in collaboration with
 2728  the sex offender, the child’s parent or legal guardian, and the
 2729  child, when age appropriate, which details the acceptable
 2730  conditions of contact between the sex offender and the child.
 2731  The safety plan must be reviewed and approved by the Department
 2732  of Corrections before being submitted to the commission; and
 2733         e. Evidence that the child’s parent or legal guardian, if
 2734  the parent or legal guardian is not the sex offender,
 2735  understands the need for and agrees to the safety plan and has
 2736  agreed to provide, or to designate another adult to provide,
 2737  constant supervision any time the child is in contact with the
 2738  offender.
 2739  
 2740  The commission may not appoint a person to conduct a risk
 2741  assessment and may not accept a risk assessment from a person
 2742  who has not demonstrated to the commission that he or she has
 2743  met the requirements of a qualified practitioner as defined in
 2744  this section.
 2745         6. If the victim was under age 18, a prohibition on working
 2746  for pay or as a volunteer at any school, child care facility,
 2747  park, playground, or other place where children regularly
 2748  congregate, as prescribed by the commission.
 2749         7. Unless otherwise indicated in the treatment plan
 2750  provided by a qualified practitioner in the sexual offender
 2751  treatment program, a prohibition on viewing, owning, or
 2752  possessing any obscene, pornographic, or sexually stimulating
 2753  visual or auditory material, including telephone, electronic
 2754  media, computer programs, or computer services that are relevant
 2755  to the offender’s deviant behavior pattern.
 2756         8. Effective for a releasee whose crime is committed on or
 2757  after July 1, 2005, a prohibition on accessing the Internet or
 2758  other computer services until a qualified practitioner in the
 2759  offender’s sex offender treatment program, after a risk
 2760  assessment is completed, approves and implements a safety plan
 2761  for the offender’s accessing or using the Internet or other
 2762  computer services.
 2763         9. A requirement that the releasee must submit two
 2764  specimens of blood to the Department of Law Enforcement to be
 2765  registered with the DNA database.
 2766         10. A requirement that the releasee make restitution to the
 2767  victim, as determined by the sentencing court or the commission,
 2768  for all necessary medical and related professional services
 2769  relating to physical, psychiatric, and psychological care.
 2770         11. Submission to a warrantless search by the community
 2771  control or probation officer of the probationer’s or community
 2772  controllee’s person, residence, or vehicle.
 2773         (b) For a releasee whose crime was committed on or after
 2774  October 1, 1997, in violation of chapter 794, s. 800.04, former
 2775  s. 827.071, s. 847.0135(5), or s. 847.0145, and who is subject
 2776  to conditional release supervision, in addition to any other
 2777  provision of this subsection, the commission shall impose the
 2778  following additional conditions of conditional release
 2779  supervision:
 2780         1. As part of a treatment program, participation in a
 2781  minimum of one annual polygraph examination to obtain
 2782  information necessary for risk management and treatment and to
 2783  reduce the sex offender’s denial mechanisms. The polygraph
 2784  examination must be conducted by a polygrapher who is a member
 2785  of a national or state polygraph association and who is
 2786  certified as a postconviction sex offender polygrapher, where
 2787  available, and at the expense of the releasee. The results of
 2788  the examination shall be provided to the releasee’s probation
 2789  officer and qualified practitioner and may not be used as
 2790  evidence in a hearing to prove that a violation of supervision
 2791  has occurred.
 2792         2. Maintenance of a driving log and a prohibition against
 2793  driving a motor vehicle alone without the prior approval of the
 2794  supervising officer.
 2795         3. A prohibition against obtaining or using a post office
 2796  box without the prior approval of the supervising officer.
 2797         4. If there was sexual contact, a submission to, at the
 2798  releasee’s expense, an HIV test with the results to be released
 2799  to the victim or the victim’s parent or guardian.
 2800         5. Electronic monitoring of any form when ordered by the
 2801  commission. Any person who has been placed under supervision and
 2802  is electronically monitored by the department must pay the
 2803  department for the cost of the electronic monitoring service at
 2804  a rate that may not exceed the full cost of the monitoring
 2805  service. Funds collected under this subparagraph shall be
 2806  deposited into the General Revenue Fund. The department may
 2807  exempt a person from the payment of all or any part of the
 2808  electronic monitoring service cost if the department finds that
 2809  any of the factors listed in s. 948.09(3) exist.
 2810         (10) Effective for a releasee whose crime was committed on
 2811  or after September 1, 2005, in violation of chapter 794, s.
 2812  800.04(4), (5), or (6), former s. 827.071, or s. 847.0145, and
 2813  the unlawful activity involved a victim who was 15 years of age
 2814  or younger and the offender is 18 years of age or older or for a
 2815  releasee who is designated as a sexual predator pursuant to s.
 2816  775.21, in addition to any other provision of this section, the
 2817  commission must order electronic monitoring for the duration of
 2818  the releasee’s supervision.
 2819         (14) Effective for a releasee whose crime was committed on
 2820  or after October 1, 2014, in violation of chapter 794, s.
 2821  800.04, former s. 827.071, s. 847.0135(5), or s. 847.0145, in
 2822  addition to any other provision of this section, the commission
 2823  must impose a condition prohibiting the releasee from viewing,
 2824  accessing, owning, or possessing any obscene, pornographic, or
 2825  sexually stimulating visual or auditory material unless
 2826  otherwise indicated in the treatment plan provided by a
 2827  qualified practitioner in the sexual offender treatment program.
 2828  Visual or auditory material includes, but is not limited to,
 2829  telephone, electronic media, computer programs, and computer
 2830  services.
 2831         (15)Effective for a releasee whose crime was committed on
 2832  or after October 1, 2018, in violation of s. 847.003 or s.
 2833  847.0137(2), in addition to any other provision of this section,
 2834  the commission must impose the conditions specified in
 2835  subsections (7), (10), (12), and (14).
 2836         Section 48. Subsection (2) of section 948.03, Florida
 2837  Statutes, is amended to read:
 2838         948.03 Terms and conditions of probation.—
 2839         (2) The enumeration of specific kinds of terms and
 2840  conditions does not prevent the court from adding thereto such
 2841  other or others as it considers proper. However, the sentencing
 2842  court may only impose a condition of supervision allowing an
 2843  offender convicted of s. 794.011, s. 800.04, former s. 827.071,
 2844  s. 847.003, s. 847.0135(5), s. 847.0137(2), or s. 847.0145 to
 2845  reside in another state if the order stipulates that it is
 2846  contingent upon the approval of the receiving state interstate
 2847  compact authority. The court may rescind or modify at any time
 2848  the terms and conditions theretofore imposed by it upon the
 2849  probationer. However, if the court withholds adjudication of
 2850  guilt or imposes a period of incarceration as a condition of
 2851  probation, the period may not exceed 364 days, and incarceration
 2852  shall be restricted to either a county facility, or a probation
 2853  and restitution center under the jurisdiction of the Department
 2854  of Corrections.
 2855         Section 49. Subsection (1) of section 948.04, Florida
 2856  Statutes, is amended to read:
 2857         948.04 Period of probation; duty of probationer; early
 2858  termination.—
 2859         (1) Defendants found guilty of felonies who are placed on
 2860  probation shall be under supervision not to exceed 2 years
 2861  unless otherwise specified by the court. No defendant placed on
 2862  probation pursuant to s. 948.012(1) is subject to the probation
 2863  limitations of this subsection. A defendant who is placed on
 2864  probation or community control for a violation of chapter 794,
 2865  or chapter 827, s. 847.003, or s. 847.0137(2) is subject to the
 2866  maximum level of supervision provided by the supervising agency,
 2867  and that supervision shall continue through the full term of the
 2868  court-imposed probation or community control.
 2869         Section 50. Subsection (4) and paragraph (c) of subsection
 2870  (8) of section 948.06, Florida Statutes, are amended to read:
 2871         948.06 Violation of probation or community control;
 2872  revocation; modification; continuance; failure to pay
 2873  restitution or cost of supervision.—
 2874         (4) Notwithstanding any other provision of this section, a
 2875  felony probationer or an offender in community control who is
 2876  arrested for violating his or her probation or community control
 2877  in a material respect may be taken before the court in the
 2878  county or circuit in which the probationer or offender was
 2879  arrested. That court shall advise him or her of the charge of a
 2880  violation and, if such charge is admitted, shall cause him or
 2881  her to be brought before the court that granted the probation or
 2882  community control. If the violation is not admitted by the
 2883  probationer or offender, the court may commit him or her or
 2884  release him or her with or without bail to await further
 2885  hearing. However, if the probationer or offender is under
 2886  supervision for any criminal offense proscribed in chapter 794,
 2887  s. 800.04(4), (5), (6), former s. 827.071, or s. 847.0145, or is
 2888  a registered sexual predator or a registered sexual offender, or
 2889  is under supervision for a criminal offense for which he or she
 2890  would meet the registration criteria in s. 775.21, s. 943.0435,
 2891  or s. 944.607 but for the effective date of those sections, the
 2892  court must make a finding that the probationer or offender is
 2893  not a danger to the public prior to release with or without
 2894  bail. In determining the danger posed by the offender’s or
 2895  probationer’s release, the court may consider the nature and
 2896  circumstances of the violation and any new offenses charged; the
 2897  offender’s or probationer’s past and present conduct, including
 2898  convictions of crimes; any record of arrests without conviction
 2899  for crimes involving violence or sexual crimes; any other
 2900  evidence of allegations of unlawful sexual conduct or the use of
 2901  violence by the offender or probationer; the offender’s or
 2902  probationer’s family ties, length of residence in the community,
 2903  employment history, and mental condition; his or her history and
 2904  conduct during the probation or community control supervision
 2905  from which the violation arises and any other previous
 2906  supervisions, including disciplinary records of previous
 2907  incarcerations; the likelihood that the offender or probationer
 2908  will engage again in a criminal course of conduct; the weight of
 2909  the evidence against the offender or probationer; and any other
 2910  facts the court considers relevant. The court, as soon as is
 2911  practicable, shall give the probationer or offender an
 2912  opportunity to be fully heard on his or her behalf in person or
 2913  by counsel. After the hearing, the court shall make findings of
 2914  fact and forward the findings to the court that granted the
 2915  probation or community control and to the probationer or
 2916  offender or his or her attorney. The findings of fact by the
 2917  hearing court are binding on the court that granted the
 2918  probation or community control. Upon the probationer or offender
 2919  being brought before it, the court that granted the probation or
 2920  community control may revoke, modify, or continue the probation
 2921  or community control or may place the probationer into community
 2922  control as provided in this section. However, the probationer or
 2923  offender shall not be released and shall not be admitted to
 2924  bail, but shall be brought before the court that granted the
 2925  probation or community control if any violation of felony
 2926  probation or community control other than a failure to pay costs
 2927  or fines or make restitution payments is alleged to have been
 2928  committed by:
 2929         (a) A violent felony offender of special concern, as
 2930  defined in this section;
 2931         (b) A person who is on felony probation or community
 2932  control for any offense committed on or after the effective date
 2933  of this act and who is arrested for a qualifying offense as
 2934  defined in this section; or
 2935         (c) A person who is on felony probation or community
 2936  control and has previously been found by a court to be a
 2937  habitual violent felony offender as defined in s. 775.084(1)(b),
 2938  a three-time violent felony offender as defined in s.
 2939  775.084(1)(c), or a sexual predator under s. 775.21, and who is
 2940  arrested for committing a qualifying offense as defined in this
 2941  section on or after the effective date of this act.
 2942         (8)
 2943         (c) For purposes of this section, the term “qualifying
 2944  offense” means any of the following:
 2945         1. Kidnapping or attempted kidnapping under s. 787.01,
 2946  false imprisonment of a child under the age of 13 under s.
 2947  787.02(3), or luring or enticing a child under s. 787.025(2)(b)
 2948  or (c).
 2949         2. Murder or attempted murder under s. 782.04, attempted
 2950  felony murder under s. 782.051, or manslaughter under s. 782.07.
 2951         3. Aggravated battery or attempted aggravated battery under
 2952  s. 784.045.
 2953         4. Sexual battery or attempted sexual battery under s.
 2954  794.011(2), (3), (4), or (8)(b) or (c).
 2955         5. Lewd or lascivious battery or attempted lewd or
 2956  lascivious battery under s. 800.04(4), lewd or lascivious
 2957  molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
 2958  conduct under s. 800.04(6)(b), or lewd or lascivious exhibition
 2959  under s. 800.04(7)(b), or lewd or lascivious exhibition on
 2960  computer under s. 847.0135(5)(b).
 2961         6. Robbery or attempted robbery under s. 812.13, carjacking
 2962  or attempted carjacking under s. 812.133, or home invasion
 2963  robbery or attempted home invasion robbery under s. 812.135.
 2964         7. Lewd or lascivious offense upon or in the presence of an
 2965  elderly or disabled person or attempted lewd or lascivious
 2966  offense upon or in the presence of an elderly or disabled person
 2967  under s. 825.1025.
 2968         8. Sexual performance by a child or attempted sexual
 2969  performance by a child under former s. 827.071 or s. 847.003.
 2970         9. Computer pornography or child exploitation under s.
 2971  847.0135 847.0135(2) or (3), transmission of child pornography
 2972  under s. 847.0137, or selling or buying of minors under s.
 2973  847.0145.
 2974         10. Poisoning food or water under s. 859.01.
 2975         11. Abuse of a dead human body under s. 872.06.
 2976         12. Any burglary offense or attempted burglary offense that
 2977  is either a first degree felony or second degree felony under s.
 2978  810.02(2) or (3).
 2979         13. Arson or attempted arson under s. 806.01(1).
 2980         14. Aggravated assault under s. 784.021.
 2981         15. Aggravated stalking under s. 784.048(3), (4), (5), or
 2982  (7).
 2983         16. Aircraft piracy under s. 860.16.
 2984         17. Unlawful throwing, placing, or discharging of a
 2985  destructive device or bomb under s. 790.161(2), (3), or (4).
 2986         18. Treason under s. 876.32.
 2987         19. Any offense committed in another jurisdiction which
 2988  would be an offense listed in this paragraph if that offense had
 2989  been committed in this state.
 2990         Section 51. Subsection (1) of section 948.062, Florida
 2991  Statutes, is amended to read:
 2992         948.062 Reviewing and reporting serious offenses committed
 2993  by offenders placed on probation or community control.—
 2994         (1) The department shall review the circumstances related
 2995  to an offender placed on probation or community control who has
 2996  been arrested while on supervision for the following offenses:
 2997         (a) Any murder as provided in s. 782.04;
 2998         (b) Any sexual battery as provided in s. 794.011 or s.
 2999  794.023;
 3000         (c) Any sexual performance by a child as provided in former
 3001  s. 827.071 or s. 847.003;
 3002         (d) Any kidnapping, false imprisonment, or luring of a
 3003  child as provided in s. 787.01, s. 787.02, or s. 787.025;
 3004         (e) Any lewd and lascivious battery or lewd and lascivious
 3005  molestation as provided in s. 800.04(4) or (5);
 3006         (f) Any aggravated child abuse as provided in s.
 3007  827.03(2)(a);
 3008         (g) Any robbery with a firearm or other deadly weapon, home
 3009  invasion robbery, or carjacking as provided in s. 812.13(2)(a),
 3010  s. 812.135, or s. 812.133;
 3011         (h) Any aggravated stalking as provided in s. 784.048(3),
 3012  (4), or (5);
 3013         (i) Any forcible felony as provided in s. 776.08, committed
 3014  by a person on probation or community control who is designated
 3015  as a sexual predator; or
 3016         (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
 3017  or vehicular or vessel homicide as provided in s. 782.071 or s.
 3018  782.072, committed by a person who is on probation or community
 3019  control for an offense involving death or injury resulting from
 3020  a driving incident.
 3021         Section 52. Subsection (2) of section 948.101, Florida
 3022  Statutes, is amended to read:
 3023         948.101 Terms and conditions of community control.—
 3024         (2) The enumeration of specific kinds of terms and
 3025  conditions does not prevent the court from adding any other
 3026  terms or conditions that the court considers proper. However,
 3027  the sentencing court may only impose a condition of supervision
 3028  allowing an offender convicted of s. 794.011, s. 800.04, former
 3029  s. 827.071, s. 847.003, s. 847.0135(5), s. 847.0137(2), or s.
 3030  847.0145 to reside in another state if the order stipulates that
 3031  it is contingent upon the approval of the receiving state
 3032  interstate compact authority. The court may rescind or modify at
 3033  any time the terms and conditions theretofore imposed by it upon
 3034  the offender in community control. However, if the court
 3035  withholds adjudication of guilt or imposes a period of
 3036  incarceration as a condition of community control, the period
 3037  may not exceed 364 days, and incarceration shall be restricted
 3038  to a county facility, a probation and restitution center under
 3039  the jurisdiction of the Department of Corrections, or a
 3040  residential treatment facility owned or operated by any entity
 3041  providing such services.
 3042         Section 53. Subsections (1), (2), (3), and (5) of section
 3043  948.30, Florida Statutes, are amended, and subsection (6) is
 3044  added to that section, to read:
 3045         948.30 Additional terms and conditions of probation or
 3046  community control for certain sex offenses.—Conditions imposed
 3047  pursuant to this section do not require oral pronouncement at
 3048  the time of sentencing and shall be considered standard
 3049  conditions of probation or community control for offenders
 3050  specified in this section.
 3051         (1) Effective for probationers or community controllees
 3052  whose crime was committed on or after October 1, 1995, and who
 3053  are placed under supervision for violation of chapter 794, s.
 3054  800.04, former s. 827.071, s. 847.0135(5), or s. 847.0145, the
 3055  court must impose the following conditions in addition to all
 3056  other standard and special conditions imposed:
 3057         (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may
 3058  designate another 8-hour period if the offender’s employment
 3059  precludes the above specified time, and the alternative is
 3060  recommended by the Department of Corrections. If the court
 3061  determines that imposing a curfew would endanger the victim, the
 3062  court may consider alternative sanctions.
 3063         (b) If the victim was under the age of 18, a prohibition on
 3064  living within 1,000 feet of a school, child care facility, park,
 3065  playground, or other place where children regularly congregate,
 3066  as prescribed by the court. The 1,000-foot distance shall be
 3067  measured in a straight line from the offender’s place of
 3068  residence to the nearest boundary line of the school, child care
 3069  facility, park, playground, or other place where children
 3070  congregate. The distance may not be measured by a pedestrian
 3071  route or automobile route. A probationer or community controllee
 3072  who is subject to this paragraph may not be forced to relocate
 3073  and does not violate his or her probation or community control
 3074  if he or she is living in a residence that meets the
 3075  requirements of this paragraph and a school, child care
 3076  facility, park, playground, or other place where children
 3077  regularly congregate is subsequently established within 1,000
 3078  feet of his or her residence.
 3079         (c) Active participation in and successful completion of a
 3080  sex offender treatment program with qualified practitioners
 3081  specifically trained to treat sex offenders, at the
 3082  probationer’s or community controllee’s own expense. If a
 3083  qualified practitioner is not available within a 50-mile radius
 3084  of the probationer’s or community controllee’s residence, the
 3085  offender shall participate in other appropriate therapy.
 3086         (d) A prohibition on any contact with the victim, directly
 3087  or indirectly, including through a third person, unless approved
 3088  by the victim, a qualified practitioner in the sexual offender
 3089  treatment program, and the sentencing court.
 3090         (e) If the victim was under the age of 18, a prohibition on
 3091  contact with a child under the age of 18 except as provided in
 3092  this paragraph. The court may approve supervised contact with a
 3093  child under the age of 18 if the approval is based upon a
 3094  recommendation for contact issued by a qualified practitioner
 3095  who is basing the recommendation on a risk assessment. Further,
 3096  the sex offender must be currently enrolled in or have
 3097  successfully completed a sex offender therapy program. The court
 3098  may not grant supervised contact with a child if the contact is
 3099  not recommended by a qualified practitioner and may deny
 3100  supervised contact with a child at any time. When considering
 3101  whether to approve supervised contact with a child, the court
 3102  must review and consider the following:
 3103         1. A risk assessment completed by a qualified practitioner.
 3104  The qualified practitioner must prepare a written report that
 3105  must include the findings of the assessment and address each of
 3106  the following components:
 3107         a. The sex offender’s current legal status;
 3108         b. The sex offender’s history of adult charges with
 3109  apparent sexual motivation;
 3110         c. The sex offender’s history of adult charges without
 3111  apparent sexual motivation;
 3112         d. The sex offender’s history of juvenile charges, whenever
 3113  available;
 3114         e. The sex offender’s offender treatment history, including
 3115  consultations with the sex offender’s treating, or most recent
 3116  treating, therapist;
 3117         f. The sex offender’s current mental status;
 3118         g. The sex offender’s mental health and substance abuse
 3119  treatment history as provided by the Department of Corrections;
 3120         h. The sex offender’s personal, social, educational, and
 3121  work history;
 3122         i. The results of current psychological testing of the sex
 3123  offender if determined necessary by the qualified practitioner;
 3124         j. A description of the proposed contact, including the
 3125  location, frequency, duration, and supervisory arrangement;
 3126         k. The child’s preference and relative comfort level with
 3127  the proposed contact, when age appropriate;
 3128         l. The parent’s or legal guardian’s preference regarding
 3129  the proposed contact; and
 3130         m. The qualified practitioner’s opinion, along with the
 3131  basis for that opinion, as to whether the proposed contact would
 3132  likely pose significant risk of emotional or physical harm to
 3133  the child.
 3134  
 3135  The written report of the assessment must be given to the court;
 3136         2. A recommendation made as a part of the risk assessment
 3137  report as to whether supervised contact with the child should be
 3138  approved;
 3139         3. A written consent signed by the child’s parent or legal
 3140  guardian, if the parent or legal guardian is not the sex
 3141  offender, agreeing to the sex offender having supervised contact
 3142  with the child after receiving full disclosure of the sex
 3143  offender’s present legal status, past criminal history, and the
 3144  results of the risk assessment. The court may not approve
 3145  contact with the child if the parent or legal guardian refuses
 3146  to give written consent for supervised contact;
 3147         4. A safety plan prepared by the qualified practitioner,
 3148  who provides treatment to the offender, in collaboration with
 3149  the sex offender, the child’s parent or legal guardian, if the
 3150  parent or legal guardian is not the sex offender, and the child,
 3151  when age appropriate, which details the acceptable conditions of
 3152  contact between the sex offender and the child. The safety plan
 3153  must be reviewed and approved by the court; and
 3154         5. Evidence that the child’s parent or legal guardian
 3155  understands the need for and agrees to the safety plan and has
 3156  agreed to provide, or to designate another adult to provide,
 3157  constant supervision any time the child is in contact with the
 3158  offender.
 3159  
 3160  The court may not appoint a person to conduct a risk assessment
 3161  and may not accept a risk assessment from a person who has not
 3162  demonstrated to the court that he or she has met the
 3163  requirements of a qualified practitioner as defined in this
 3164  section.
 3165         (f) If the victim was under age 18, a prohibition on
 3166  working for pay or as a volunteer at any place where children
 3167  regularly congregate, including, but not limited to, schools,
 3168  child care facilities, parks, playgrounds, pet stores,
 3169  libraries, zoos, theme parks, and malls.
 3170         (g) Unless otherwise indicated in the treatment plan
 3171  provided by a qualified practitioner in the sexual offender
 3172  treatment program, a prohibition on viewing, accessing, owning,
 3173  or possessing any obscene, pornographic, or sexually stimulating
 3174  visual or auditory material, including telephone, electronic
 3175  media, computer programs, or computer services that are relevant
 3176  to the offender’s deviant behavior pattern.
 3177         (h) Effective for probationers and community controllees
 3178  whose crime is committed on or after July 1, 2005, a prohibition
 3179  on accessing the Internet or other computer services until a
 3180  qualified practitioner in the offender’s sex offender treatment
 3181  program, after a risk assessment is completed, approves and
 3182  implements a safety plan for the offender’s accessing or using
 3183  the Internet or other computer services.
 3184         (i) A requirement that the probationer or community
 3185  controllee must submit a specimen of blood or other approved
 3186  biological specimen to the Department of Law Enforcement to be
 3187  registered with the DNA data bank.
 3188         (j) A requirement that the probationer or community
 3189  controllee make restitution to the victim, as ordered by the
 3190  court under s. 775.089, for all necessary medical and related
 3191  professional services relating to physical, psychiatric, and
 3192  psychological care.
 3193         (k) Submission to a warrantless search by the community
 3194  control or probation officer of the probationer’s or community
 3195  controllee’s person, residence, or vehicle.
 3196         (2) Effective for a probationer or community controllee
 3197  whose crime was committed on or after October 1, 1997, and who
 3198  is placed on community control or sex offender probation for a
 3199  violation of chapter 794, s. 800.04, former s. 827.071, s.
 3200  847.0135(5), or s. 847.0145, in addition to any other provision
 3201  of this section, the court must impose the following conditions
 3202  of probation or community control:
 3203         (a) As part of a treatment program, participation at least
 3204  annually in polygraph examinations to obtain information
 3205  necessary for risk management and treatment and to reduce the
 3206  sex offender’s denial mechanisms. A polygraph examination must
 3207  be conducted by a polygrapher who is a member of a national or
 3208  state polygraph association and who is certified as a
 3209  postconviction sex offender polygrapher, where available, and
 3210  shall be paid for by the probationer or community controllee.
 3211  The results of the polygraph examination shall be provided to
 3212  the probationer’s or community controllee’s probation officer
 3213  and qualified practitioner and shall not be used as evidence in
 3214  court to prove that a violation of community supervision has
 3215  occurred.
 3216         (b) Maintenance of a driving log and a prohibition against
 3217  driving a motor vehicle alone without the prior approval of the
 3218  supervising officer.
 3219         (c) A prohibition against obtaining or using a post office
 3220  box without the prior approval of the supervising officer.
 3221         (d) If there was sexual contact, a submission to, at the
 3222  probationer’s or community controllee’s expense, an HIV test
 3223  with the results to be released to the victim or the victim’s
 3224  parent or guardian.
 3225         (e) Electronic monitoring when deemed necessary by the
 3226  community control or probation officer and his or her
 3227  supervisor, and ordered by the court at the recommendation of
 3228  the Department of Corrections.
 3229         (3) Effective for a probationer or community controllee
 3230  whose crime was committed on or after September 1, 2005, and
 3231  who:
 3232         (a) Is placed on probation or community control for a
 3233  violation of chapter 794, s. 800.04(4), (5), or (6), former s.
 3234  827.071, or s. 847.0145 and the unlawful sexual activity
 3235  involved a victim 15 years of age or younger and the offender is
 3236  18 years of age or older;
 3237         (b) Is designated a sexual predator pursuant to s. 775.21;
 3238  or
 3239         (c) Has previously been convicted of a violation of chapter
 3240  794, s. 800.04(4), (5), or (6), former s. 827.071, or s.
 3241  847.0145 and the unlawful sexual activity involved a victim 15
 3242  years of age or younger and the offender is 18 years of age or
 3243  older,
 3244  
 3245  the court must order, in addition to any other provision of this
 3246  section, mandatory electronic monitoring as a condition of the
 3247  probation or community control supervision.
 3248         (5) Effective for a probationer or community controllee
 3249  whose crime was committed on or after October 1, 2014, and who
 3250  is placed on probation or community control for a violation of
 3251  chapter 794, s. 800.04, former s. 827.071, s. 847.0135(5), or s.
 3252  847.0145, in addition to all other conditions imposed, the court
 3253  must impose a condition prohibiting the probationer or community
 3254  controllee from viewing, accessing, owning, or possessing any
 3255  obscene, pornographic, or sexually stimulating visual or
 3256  auditory material unless otherwise indicated in the treatment
 3257  plan provided by a qualified practitioner in the sexual offender
 3258  treatment program. Visual or auditory material includes, but is
 3259  not limited to, telephone, electronic media, computer programs,
 3260  and computer services.
 3261         (6)Effective for a probationer or community controllee
 3262  whose crime was committed on or after October 1, 2018, and who
 3263  is placed under supervision for violation of s. 847.003 or s.
 3264  847.0137(2), the court must impose the conditions specified in
 3265  subsections (1)-(5) in addition to all other standard and
 3266  special conditions imposed.
 3267         Section 54. Subsection (1) of section 948.32, Florida
 3268  Statutes, is amended to read:
 3269         948.32 Requirements of law enforcement agency upon arrest
 3270  of persons for certain sex offenses.—
 3271         (1) When any state or local law enforcement agency
 3272  investigates or arrests a person for committing, or attempting,
 3273  soliciting, or conspiring to commit, a violation of s.
 3274  787.025(2)(c), s. 787.06(3)(g), chapter 794, former s. 796.03,
 3275  s. 800.04, former s. 827.071, s. 847.003, s. 847.0133, s.
 3276  847.0135, s. 847.0137(2), or s. 847.0145, the law enforcement
 3277  agency shall contact the Department of Corrections to verify
 3278  whether the person under investigation or under arrest is on
 3279  probation, community control, parole, conditional release, or
 3280  control release.
 3281         Section 55. Paragraph (e) of subsection (3) and subsection
 3282  (10) of section 960.03, Florida Statutes, are amended to read:
 3283         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
 3284  960.01-960.28, unless the context otherwise requires, the term:
 3285         (3) “Crime” means:
 3286         (e) A violation of former s. 827.071, s. 847.003, s.
 3287  847.0135, s. 847.0137, or s. 847.0138, related to online sexual
 3288  exploitation and child pornography.
 3289         (10) “Identified victim of child pornography” means any
 3290  person who, while under the age of 18, is depicted in any visual
 3291  depiction image or movie of child pornography, as defined in s.
 3292  847.0137, and who is identified through a report generated by a
 3293  law enforcement agency and provided to the National Center for
 3294  Missing and Exploited Children’s Child Victim Identification
 3295  Program.
 3296         Section 56. Section 960.197, Florida Statutes, is amended
 3297  to read:
 3298         960.197 Assistance to victims of online sexual exploitation
 3299  and child pornography.—
 3300         (1) Notwithstanding the criteria set forth in s. 960.13 for
 3301  crime victim compensation awards, the department may award
 3302  compensation for counseling and other mental health services to
 3303  treat psychological injury or trauma to:
 3304         (a) A child younger than 18 years of age who suffers
 3305  psychiatric or psychological injury as a direct result of online
 3306  sexual exploitation under former any provision of s. 827.071, s.
 3307  847.003, s. 847.0135, s. 847.0137, or s. 847.0138, and who does
 3308  not otherwise sustain a personal injury or death; or
 3309         (b) Any person who, while younger than age 18, was depicted
 3310  in any visual depiction image or movie, regardless of length, of
 3311  child pornography as defined in s. 847.0137 847.001, who has
 3312  been identified by a law enforcement agency or the National
 3313  Center for Missing and Exploited Children as an identified
 3314  victim of child pornography, who suffers psychiatric or
 3315  psychological injury as a direct result of the crime, and who
 3316  does not otherwise sustain a personal injury or death.
 3317         (2) Compensation under this section is not contingent upon
 3318  pursuit of a criminal investigation or prosecution.
 3319         Section 57. Paragraph (d) of subsection (4) of section
 3320  985.04, Florida Statutes, is amended to read:
 3321         985.04 Oaths; records; confidential information.—
 3322         (4)
 3323         (d) The department shall disclose to the school
 3324  superintendent the presence of any child in the care and custody
 3325  or under the jurisdiction or supervision of the department who
 3326  has a known history of criminal sexual behavior with other
 3327  juveniles; is alleged to have committed juvenile sexual abuse as
 3328  defined in s. 39.01; or has pled guilty or nolo contendere to,
 3329  or has been found to have committed, a violation of chapter 794,
 3330  chapter 796, chapter 800, former s. 827.071, s. 847.003, or s.
 3331  847.0133, s. 847.0135(5), or s. 847.0137, regardless of
 3332  adjudication. Any employee of a district school board who
 3333  knowingly and willfully discloses such information to an
 3334  unauthorized person commits a misdemeanor of the second degree,
 3335  punishable as provided in s. 775.082 or s. 775.083.
 3336         Section 58. Paragraph (a) of subsection (1) of section
 3337  985.475, Florida Statutes, is amended to read:
 3338         985.475 Juvenile sexual offenders.—
 3339         (1) CRITERIA.—A “juvenile sexual offender” means:
 3340         (a) A juvenile who has been found by the court under s.
 3341  985.35 to have committed a violation of chapter 794, chapter
 3342  796, chapter 800, former s. 827.071, s. 847.003, or s. 847.0133,
 3343  or s. 847.0137(2);
 3344         Section 59. Paragraphs (mm) and (oo) of subsection (1) of
 3345  section 1012.315, Florida Statutes, are amended to read:
 3346         1012.315 Disqualification from employment.—A person is
 3347  ineligible for educator certification, and instructional
 3348  personnel and school administrators, as defined in s. 1012.01,
 3349  are ineligible for employment in any position that requires
 3350  direct contact with students in a district school system,
 3351  charter school, or private school that accepts scholarship
 3352  students under s. 1002.39 or s. 1002.395, if the person,
 3353  instructional personnel, or school administrator has been
 3354  convicted of:
 3355         (1) Any felony offense prohibited under any of the
 3356  following statutes:
 3357         (mm) Former s. Section 827.071, relating to sexual
 3358  performance by a child.
 3359         (oo) Chapter 847, relating to obscenity and child
 3360  exploitation.
 3361         Section 60. Paragraphs (e), (f), and (h) of subsection (3)
 3362  of section 921.0022, Florida Statutes, are amended to read:
 3363         921.0022 Criminal Punishment Code; offense severity ranking
 3364  chart.—
 3365         (3) OFFENSE SEVERITY RANKING CHART
 3366         (e) LEVEL 5
 3367  
 3368  FloridaStatute    FelonyDegree           Description            
 3369  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 3370  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
 3371  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
 3372  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 3373  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
 3374  379.365(2)(c)1.      3rd   Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
 3375  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 3376  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
 3377  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
 3378  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
 3379  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
 3380  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 3381  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 3382  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
 3383  790.01(2)            3rd   Carrying a concealed firearm.     
 3384  790.162              2nd   Threat to throw or discharge destructive device.
 3385  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
 3386  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
 3387  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
 3388  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
 3389  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
 3390  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
 3391  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 3392  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 3393  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
 3394  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
 3395  812.131(2)(b)        3rd   Robbery by sudden snatching.      
 3396  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
 3397  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
 3398  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
 3399  817.2341(1), (2)(a) & (3)(a)   3rd   Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
 3400  817.568(2)(b)        2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
 3401  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
 3402  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
 3403  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 3404  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 3405  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 3406  839.13(2)(b)         2nd   Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
 3407  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
 3408  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
 3409  847.0137(2)(a)       2nd   Possess child pornography with intent to promote.
 3410  847.0137(2)(b)       3rd   Possess, control, or intentionally view child pornography.
 3411  847.0137(3)847.0137 (2) & (3)   3rd   Transmission of child pornography by electronic device or equipment.
 3412  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
 3413  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 3414  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
 3415  893.13(1)(a)1.       2nd   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 3416  893.13(1)(c)2.       2nd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 3417  893.13(1)(d)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
 3418  893.13(1)(e)2.       2nd   Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
 3419  893.13(1)(f)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
 3420  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
 3421  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 3422         (f) LEVEL 6
 3423  
 3424  FloridaStatute    FelonyDegree           Description            
 3425  316.027(2)(b)        2nd   Leaving the scene of a crash involving serious bodily injury.
 3426  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
 3427  400.9935(4)(c)       2nd   Operating a clinic, or offering services requiring licensure, without a license.
 3428  499.0051(2)          2nd   Knowing forgery of transaction history, transaction information, or transaction statement.
 3429  499.0051(3)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
 3430  499.0051(4)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
 3431  775.0875(1)          3rd   Taking firearm from law enforcement officer.
 3432  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
 3433  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
 3434  784.041              3rd   Felony battery; domestic battery by strangulation.
 3435  784.048(3)           3rd   Aggravated stalking; credible threat.
 3436  784.048(5)           3rd   Aggravated stalking of person under 16.
 3437  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
 3438  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
 3439  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
 3440  784.081(2)           2nd   Aggravated assault on specified official or employee.
 3441  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
 3442  784.083(2)           2nd   Aggravated assault on code inspector.
 3443  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
 3444  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
 3445  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 3446  790.164(1)           2nd   False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
 3447  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 3448  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
 3449  794.05(1)            2nd   Unlawful sexual activity with specified minor.
 3450  800.04(5)(d)         3rd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
 3451  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
 3452  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
 3453  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
 3454  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
 3455  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 3456  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
 3457  812.015(9)(a)        2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
 3458  812.015(9)(b)        2nd   Retail theft; property stolen $3,000 or more; coordination of others.
 3459  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
 3460  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
 3461  817.505(4)(b)        2nd   Patient brokering; 10 or more patients.
 3462  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
 3463  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
 3464  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
 3465  825.103(3)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 3466  827.03(2)(c)         3rd   Abuse of a child.                 
 3467  827.03(2)(d)         3rd   Neglect of a child.               
 3468  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
 3469  836.05               2nd   Threats; extortion.               
 3470  836.10               2nd   Written threats to kill or do bodily injury.
 3471  843.12               3rd   Aids or assists person to escape. 
 3472  847.003              2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
 3473  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 3474  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
 3475  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 3476  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
 3477  944.35(3)(a)2.       3rd   Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
 3478  944.40               2nd   Escapes.                          
 3479  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
 3480  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 3481  951.22(1)            3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
 3482         (h) LEVEL 8
 3483  
 3484  FloridaStatute    FelonyDegree           Description            
 3485  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                 
 3486  316.1935(4)(b)       1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
 3487  327.35(3)(c)3.       2nd   Vessel BUI manslaughter.          
 3488  499.0051(6)          1st   Knowing trafficking in contraband prescription drugs.
 3489  499.0051(7)          1st   Knowing forgery of prescription labels or prescription drug labels.
 3490  560.123(8)(b)2.      2nd   Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
 3491  560.125(5)(b)        2nd   Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
 3492  655.50(10)(b)2.      2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
 3493  777.03(2)(a)         1st   Accessory after the fact, capital felony.
 3494  782.04(4)            2nd   Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
 3495  782.051(2)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
 3496  782.071(1)(b)        1st   Committing vehicular homicide and failing to render aid or give information.
 3497  782.072(2)           1st   Committing vessel homicide and failing to render aid or give information.
 3498  787.06(3)(a)1.       1st   Human trafficking for labor and services of a child.
 3499  787.06(3)(b)         1st   Human trafficking using coercion for commercial sexual activity of an adult.
 3500  787.06(3)(c)2.       1st   Human trafficking using coercion for labor and services of an unauthorized alien adult.
 3501  787.06(3)(e)1.       1st   Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
 3502  787.06(3)(f)2.       1st   Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
 3503  790.161(3)           1st   Discharging a destructive device which results in bodily harm or property damage.
 3504  794.011(5)(a)        1st   Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
 3505  794.011(5)(b)        2nd   Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
 3506  794.011(5)(c)        2nd   Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
 3507  794.011(5)(d)        1st   Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
 3508  794.08(3)            2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
 3509  800.04(4)(b)         2nd   Lewd or lascivious battery.       
 3510  800.04(4)(c)         1st   Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
 3511  806.01(1)            1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
 3512  810.02(2)(a)       1st,PBL Burglary with assault or battery. 
 3513  810.02(2)(b)       1st,PBL Burglary; armed with explosives or dangerous weapon.
 3514  810.02(2)(c)         1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
 3515  812.014(2)(a)2.      1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
 3516  812.13(2)(b)         1st   Robbery with a weapon.            
 3517  812.135(2)(c)        1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
 3518  817.505(4)(c)        1st   Patient brokering; 20 or more patients.
 3519  817.535(2)(b)        2nd   Filing false lien or other unauthorized document; second or subsequent offense.
 3520  817.535(3)(a)        2nd   Filing false lien or other unauthorized document; property owner is a public officer or employee.
 3521  817.535(4)(a)1.      2nd   Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
 3522  817.535(5)(a)        2nd   Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
 3523  817.568(6)           2nd   Fraudulent use of personal identification information of an individual under the age of 18.
 3524  817.611(2)(c)        1st   Traffic in or possess 50 or more counterfeit credit cards or related documents.
 3525  825.102(2)           1st   Aggravated abuse of an elderly person or disabled adult.
 3526  825.1025(2)          2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
 3527  825.103(3)(a)        1st   Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
 3528  837.02(2)            2nd   Perjury in official proceedings relating to prosecution of a capital felony.
 3529  837.021(2)           2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
 3530  847.0135(3)          2nd   Solicitation of a child, via a computer service, to commit an unlawful sex act while misrepresenting one’s age.
 3531  860.121(2)(c)        1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
 3532  860.16               1st   Aircraft piracy.                  
 3533  893.13(1)(b)         1st   Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 3534  893.13(2)(b)         1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 3535  893.13(6)(c)         1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 3536  893.135(1)(a)2.      1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
 3537  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 200 grams, less than 400 grams.
 3538  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
 3539  893.135 (1)(c)2.c.   1st   Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
 3540  893.135 (1)(c)3.c.   1st   Trafficking in oxycodone, 25 grams or more, less than 100 grams.
 3541  893.135 (1)(c)4.b.(II)   1st   Trafficking in fentanyl, 14 grams or more, less than 28 grams.
 3542  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
 3543  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
 3544  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, 28 grams or more, less than 200 grams.
 3545  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
 3546  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
 3547  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
 3548  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
 3549  893.135 (1)(m)2.c.   1st   Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
 3550  893.135 (1)(n)2.b.   1st   Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
 3551  893.1351(3)          1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
 3552  895.03(1)            1st   Use or invest proceeds derived from pattern of racketeering activity.
 3553  895.03(2)            1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
 3554  895.03(3)            1st   Conduct or participate in any enterprise through pattern of racketeering activity.
 3555  896.101(5)(b)        2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
 3556  896.104(4)(a)2.      2nd   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
 3557         Section 61. The Division of Law Revision and Information is
 3558  directed to rename chapter 847, Florida Statutes, as “Obscenity;
 3559  Child Exploitation.”
 3560         Section 62. For the purpose of incorporating the amendment
 3561  made by this act to section 39.0139, Florida Statutes, in a
 3562  reference thereto, paragraph (a) of subsection (9) of section
 3563  39.402, Florida Statutes, is reenacted to read:
 3564         39.402 Placement in a shelter.—
 3565         (9)(a) At any shelter hearing, the department shall provide
 3566  to the court a recommendation for scheduled contact between the
 3567  child and parents, if appropriate. The court shall determine
 3568  visitation rights absent a clear and convincing showing that
 3569  visitation is not in the best interest of the child. Any order
 3570  for visitation or other contact must conform to s. 39.0139. If
 3571  visitation is ordered but will not commence within 72 hours of
 3572  the shelter hearing, the department shall provide justification
 3573  to the court.
 3574         Section 63. For the purpose of incorporating the amendment
 3575  made by this act to section 39.0139, Florida Statutes, in a
 3576  reference thereto, subsection (6) of section 39.506, Florida
 3577  Statutes, is reenacted to read:
 3578         39.506 Arraignment hearings.—
 3579         (6) At any arraignment hearing, if the child is in an out
 3580  of-home placement, the court shall order visitation rights
 3581  absent a clear and convincing showing that visitation is not in
 3582  the best interest of the child. Any order for visitation or
 3583  other contact must conform to the provisions of s. 39.0139.
 3584         Section 64. For the purpose of incorporating the amendment
 3585  made by this act to section 775.21, Florida Statutes, in a
 3586  reference thereto, paragraph (b) of subsection (6) of section
 3587  39.509, Florida Statutes, is reenacted to read:
 3588         39.509 Grandparents rights.—Notwithstanding any other
 3589  provision of law, a maternal or paternal grandparent as well as
 3590  a stepgrandparent is entitled to reasonable visitation with his
 3591  or her grandchild who has been adjudicated a dependent child and
 3592  taken from the physical custody of the parent unless the court
 3593  finds that such visitation is not in the best interest of the
 3594  child or that such visitation would interfere with the goals of
 3595  the case plan. Reasonable visitation may be unsupervised and,
 3596  where appropriate and feasible, may be frequent and continuing.
 3597  Any order for visitation or other contact must conform to the
 3598  provisions of s. 39.0139.
 3599         (6) In determining whether grandparental visitation is not
 3600  in the child’s best interest, consideration may be given to the
 3601  following:
 3602         (b) The designation by a court as a sexual predator as
 3603  defined in s. 775.21 or a substantially similar designation
 3604  under laws of another jurisdiction.
 3605         Section 65. For the purpose of incorporating the amendment
 3606  made by this act to section 39.0139, Florida Statutes, in a
 3607  reference thereto, paragraph (d) of subsection (3) of section
 3608  39.521, Florida Statutes, is reenacted to read:
 3609         39.521 Disposition hearings; powers of disposition.—
 3610         (3) When any child is adjudicated by a court to be
 3611  dependent, the court shall determine the appropriate placement
 3612  for the child as follows:
 3613         (d) If the child cannot be safely placed in a nonlicensed
 3614  placement, the court shall commit the child to the temporary
 3615  legal custody of the department. Such commitment invests in the
 3616  department all rights and responsibilities of a legal custodian.
 3617  The department shall not return any child to the physical care
 3618  and custody of the person from whom the child was removed,
 3619  except for court-approved visitation periods, without the
 3620  approval of the court. Any order for visitation or other contact
 3621  must conform to the provisions of s. 39.0139. The term of such
 3622  commitment continues until terminated by the court or until the
 3623  child reaches the age of 18. After the child is committed to the
 3624  temporary legal custody of the department, all further
 3625  proceedings under this section are governed by this chapter.
 3626  
 3627  Protective supervision continues until the court terminates it
 3628  or until the child reaches the age of 18, whichever date is
 3629  first. Protective supervision shall be terminated by the court
 3630  whenever the court determines that permanency has been achieved
 3631  for the child, whether with a parent, another relative, or a
 3632  legal custodian, and that protective supervision is no longer
 3633  needed. The termination of supervision may be with or without
 3634  retaining jurisdiction, at the court’s discretion, and shall in
 3635  either case be considered a permanency option for the child. The
 3636  order terminating supervision by the department shall set forth
 3637  the powers of the custodian of the child and shall include the
 3638  powers ordinarily granted to a guardian of the person of a minor
 3639  unless otherwise specified. Upon the court’s termination of
 3640  supervision by the department, no further judicial reviews are
 3641  required, so long as permanency has been established for the
 3642  child.
 3643         Section 66. For the purpose of incorporating the amendment
 3644  made by this act to section 775.21, Florida Statutes, in
 3645  references thereto, paragraphs (d) and (n) of subsection (1) of
 3646  section 39.806, Florida Statutes, are reenacted to read:
 3647         39.806 Grounds for termination of parental rights.—
 3648         (1) Grounds for the termination of parental rights may be
 3649  established under any of the following circumstances:
 3650         (d) When the parent of a child is incarcerated and either:
 3651         1. The period of time for which the parent is expected to
 3652  be incarcerated will constitute a significant portion of the
 3653  child’s minority. When determining whether the period of time is
 3654  significant, the court shall consider the child’s age and the
 3655  child’s need for a permanent and stable home. The period of time
 3656  begins on the date that the parent enters into incarceration;
 3657         2. The incarcerated parent has been determined by the court
 3658  to be a violent career criminal as defined in s. 775.084, a
 3659  habitual violent felony offender as defined in s. 775.084, or a
 3660  sexual predator as defined in s. 775.21; has been convicted of
 3661  first degree or second degree murder in violation of s. 782.04
 3662  or a sexual battery that constitutes a capital, life, or first
 3663  degree felony violation of s. 794.011; or has been convicted of
 3664  an offense in another jurisdiction which is substantially
 3665  similar to one of the offenses listed in this paragraph. As used
 3666  in this section, the term “substantially similar offense” means
 3667  any offense that is substantially similar in elements and
 3668  penalties to one of those listed in this subparagraph, and that
 3669  is in violation of a law of any other jurisdiction, whether that
 3670  of another state, the District of Columbia, the United States or
 3671  any possession or territory thereof, or any foreign
 3672  jurisdiction; or
 3673         3. The court determines by clear and convincing evidence
 3674  that continuing the parental relationship with the incarcerated
 3675  parent would be harmful to the child and, for this reason, that
 3676  termination of the parental rights of the incarcerated parent is
 3677  in the best interest of the child. When determining harm, the
 3678  court shall consider the following factors:
 3679         a. The age of the child.
 3680         b. The relationship between the child and the parent.
 3681         c. The nature of the parent’s current and past provision
 3682  for the child’s developmental, cognitive, psychological, and
 3683  physical needs.
 3684         d. The parent’s history of criminal behavior, which may
 3685  include the frequency of incarceration and the unavailability of
 3686  the parent to the child due to incarceration.
 3687         e. Any other factor the court deems relevant.
 3688         (n) The parent is convicted of an offense that requires the
 3689  parent to register as a sexual predator under s. 775.21.
 3690         Section 67. For the purpose of incorporating the amendment
 3691  made by this act to section 775.21, Florida Statutes, in a
 3692  reference thereto, paragraph (b) of subsection (4) of section
 3693  63.089, Florida Statutes, is reenacted to read:
 3694         63.089 Proceeding to terminate parental rights pending
 3695  adoption; hearing; grounds; dismissal of petition; judgment.—
 3696         (4) FINDING OF ABANDONMENT.—A finding of abandonment
 3697  resulting in a termination of parental rights must be based upon
 3698  clear and convincing evidence that a parent or person having
 3699  legal custody has abandoned the child in accordance with the
 3700  definition contained in s. 63.032. A finding of abandonment may
 3701  also be based upon emotional abuse or a refusal to provide
 3702  reasonable financial support, when able, to a birth mother
 3703  during her pregnancy or on whether the person alleged to have
 3704  abandoned the child, while being able, failed to establish
 3705  contact with the child or accept responsibility for the child’s
 3706  welfare.
 3707         (b) The child has been abandoned when the parent of a child
 3708  is incarcerated on or after October 1, 2001, in a federal,
 3709  state, or county correctional institution and:
 3710         1. The period of time for which the parent has been or is
 3711  expected to be incarcerated will constitute a significant
 3712  portion of the child’s minority. In determining whether the
 3713  period of time is significant, the court shall consider the
 3714  child’s age and the child’s need for a permanent and stable
 3715  home. The period of time begins on the date that the parent
 3716  enters into incarceration;
 3717         2. The incarcerated parent has been determined by a court
 3718  of competent jurisdiction to be a violent career criminal as
 3719  defined in s. 775.084, a habitual violent felony offender as
 3720  defined in s. 775.084, convicted of child abuse as defined in s.
 3721  827.03, or a sexual predator as defined in s. 775.21; has been
 3722  convicted of first degree or second degree murder in violation
 3723  of s. 782.04 or a sexual battery that constitutes a capital,
 3724  life, or first degree felony violation of s. 794.011; or has
 3725  been convicted of a substantially similar offense in another
 3726  jurisdiction. As used in this section, the term “substantially
 3727  similar offense” means any offense that is substantially similar
 3728  in elements and penalties to one of those listed in this
 3729  subparagraph, and that is in violation of a law of any other
 3730  jurisdiction, whether that of another state, the District of
 3731  Columbia, the United States or any possession or territory
 3732  thereof, or any foreign jurisdiction; or
 3733         3. The court determines by clear and convincing evidence
 3734  that continuing the parental relationship with the incarcerated
 3735  parent would be harmful to the child and, for this reason,
 3736  termination of the parental rights of the incarcerated parent is
 3737  in the best interests of the child.
 3738         Section 68. For the purpose of incorporating the amendment
 3739  made by this act to section 775.21, Florida Statutes, in a
 3740  reference thereto, subsection (3) of section 63.092, Florida
 3741  Statutes, is reenacted to read:
 3742         63.092 Report to the court of intended placement by an
 3743  adoption entity; at-risk placement; preliminary study.—
 3744         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
 3745  intended adoptive home, a preliminary home study must be
 3746  performed by a licensed child-placing agency, a child-caring
 3747  agency registered under s. 409.176, a licensed professional, or
 3748  an agency described in s. 61.20(2), unless the adoptee is an
 3749  adult or the petitioner is a stepparent or a relative. If the
 3750  adoptee is an adult or the petitioner is a stepparent or a
 3751  relative, a preliminary home study may be required by the court
 3752  for good cause shown. The department is required to perform the
 3753  preliminary home study only if there is no licensed child
 3754  placing agency, child-caring agency registered under s. 409.176,
 3755  licensed professional, or agency described in s. 61.20(2), in
 3756  the county where the prospective adoptive parents reside. The
 3757  preliminary home study must be made to determine the suitability
 3758  of the intended adoptive parents and may be completed prior to
 3759  identification of a prospective adoptive minor. A favorable
 3760  preliminary home study is valid for 1 year after the date of its
 3761  completion. Upon its completion, a signed copy of the home study
 3762  must be provided to the intended adoptive parents who were the
 3763  subject of the home study. A minor may not be placed in an
 3764  intended adoptive home before a favorable preliminary home study
 3765  is completed unless the adoptive home is also a licensed foster
 3766  home under s. 409.175. The preliminary home study must include,
 3767  at a minimum:
 3768         (a) An interview with the intended adoptive parents;
 3769         (b) Records checks of the department’s central abuse
 3770  registry and criminal records correspondence checks under s.
 3771  39.0138 through the Department of Law Enforcement on the
 3772  intended adoptive parents;
 3773         (c) An assessment of the physical environment of the home;
 3774         (d) A determination of the financial security of the
 3775  intended adoptive parents;
 3776         (e) Documentation of counseling and education of the
 3777  intended adoptive parents on adoptive parenting;
 3778         (f) Documentation that information on adoption and the
 3779  adoption process has been provided to the intended adoptive
 3780  parents;
 3781         (g) Documentation that information on support services
 3782  available in the community has been provided to the intended
 3783  adoptive parents; and
 3784         (h) A copy of each signed acknowledgment of receipt of
 3785  disclosure required by s. 63.085.
 3786  
 3787  If the preliminary home study is favorable, a minor may be
 3788  placed in the home pending entry of the judgment of adoption. A
 3789  minor may not be placed in the home if the preliminary home
 3790  study is unfavorable. If the preliminary home study is
 3791  unfavorable, the adoption entity may, within 20 days after
 3792  receipt of a copy of the written recommendation, petition the
 3793  court to determine the suitability of the intended adoptive
 3794  home. A determination as to suitability under this subsection
 3795  does not act as a presumption of suitability at the final
 3796  hearing. In determining the suitability of the intended adoptive
 3797  home, the court must consider the totality of the circumstances
 3798  in the home. A minor may not be placed in a home in which there
 3799  resides any person determined by the court to be a sexual
 3800  predator as defined in s. 775.21 or to have been convicted of an
 3801  offense listed in s. 63.089(4)(b)2.
 3802         Section 69. For the purpose of incorporating the amendments
 3803  made by this act to sections 775.21 and 943.0435, Florida
 3804  Statutes, in references thereto, paragraph (i) of subsection (3)
 3805  and subsection (6) of section 68.07, Florida Statutes, are
 3806  reenacted to read:
 3807         68.07 Change of name.—
 3808         (3) Each petition shall be verified and show:
 3809         (i) Whether the petitioner has ever been required to
 3810  register as a sexual predator under s. 775.21 or as a sexual
 3811  offender under s. 943.0435.
 3812         (6) The clerk of the court must, within 5 business days
 3813  after the filing of the final judgment, send a report of the
 3814  judgment to the Department of Law Enforcement on a form to be
 3815  furnished by that department. If the petitioner is required to
 3816  register as a sexual predator or a sexual offender pursuant to
 3817  s. 775.21 or s. 943.0435, the clerk of court shall
 3818  electronically notify the Department of Law Enforcement of the
 3819  name change, in a manner prescribed by that department, within 2
 3820  business days after the filing of the final judgment. The
 3821  Department of Law Enforcement must send a copy of the report to
 3822  the Department of Highway Safety and Motor Vehicles, which may
 3823  be delivered by electronic transmission. The report must contain
 3824  sufficient information to identify the petitioner, including the
 3825  results of the criminal history records check if applicable, the
 3826  new name of the petitioner, and the file number of the judgment.
 3827  The Department of Highway Safety and Motor Vehicles shall
 3828  monitor the records of any sexual predator or sexual offender
 3829  whose name has been provided to it by the Department of Law
 3830  Enforcement. If the sexual predator or sexual offender does not
 3831  obtain a replacement driver license or identification card
 3832  within the required time as specified in s. 775.21 or s.
 3833  943.0435, the Department of Highway Safety and Motor Vehicles
 3834  shall notify the Department of Law Enforcement. The Department
 3835  of Law Enforcement shall notify applicable law enforcement
 3836  agencies of the predator’s or offender’s failure to comply with
 3837  registration requirements. Any information retained by the
 3838  Department of Law Enforcement and the Department of Highway
 3839  Safety and Motor Vehicles may be revised or supplemented by said
 3840  departments to reflect changes made by the final judgment. With
 3841  respect to a person convicted of a felony in another state or of
 3842  a federal offense, the Department of Law Enforcement must send
 3843  the report to the respective state’s office of law enforcement
 3844  records or to the office of the Federal Bureau of Investigation.
 3845  The Department of Law Enforcement may forward the report to any
 3846  other law enforcement agency it believes may retain information
 3847  related to the petitioner.
 3848         Section 70. For the purpose of incorporating the amendments
 3849  made by this act to sections 775.21 and 943.0435, Florida
 3850  Statutes, in references thereto, paragraph (b) of subsection (1)
 3851  of section 92.55, Florida Statutes, is reenacted to read:
 3852         92.55 Judicial or other proceedings involving victim or
 3853  witness under the age of 18, a person who has an intellectual
 3854  disability, or a sexual offense victim or witness; special
 3855  protections; use of therapy animals or facility dogs.—
 3856         (1) For purposes of this section, the term:
 3857         (b) “Sexual offense” means any offense specified in s.
 3858  775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
 3859         Section 71. For the purpose of incorporating the amendment
 3860  made by this act to section 16.56, Florida Statutes, in a
 3861  reference thereto, paragraph (b) of subsection (1) of section
 3862  92.605, Florida Statutes, is reenacted to read:
 3863         92.605 Production of certain records by Florida businesses
 3864  and out-of-state corporations.—
 3865         (1) For the purposes of this section, the term:
 3866         (b) “Applicant” means a law enforcement officer who is
 3867  seeking a court order or subpoena under s. 16.56, s. 27.04, s.
 3868  905.185, or s. 914.04 or who is issued a search warrant under s.
 3869  933.01, or anyone who is authorized to issue a subpoena under
 3870  the Florida Rules of Criminal Procedure.
 3871         Section 72. For the purpose of incorporating the amendments
 3872  made by this act to sections 775.21, 943.0435, and 944.607,
 3873  Florida Statutes, in references thereto, subsection (3) of
 3874  section 322.141, Florida Statutes, is reenacted to read:
 3875         322.141 Color or markings of certain licenses or
 3876  identification cards.—
 3877         (3) All licenses for the operation of motor vehicles or
 3878  identification cards originally issued or reissued by the
 3879  department to persons who are designated as sexual predators
 3880  under s. 775.21 or subject to registration as sexual offenders
 3881  under s. 943.0435 or s. 944.607, or who have a similar
 3882  designation or are subject to a similar registration under the
 3883  laws of another jurisdiction, shall have on the front of the
 3884  license or identification card the following:
 3885         (a) For a person designated as a sexual predator under s.
 3886  775.21 or who has a similar designation under the laws of
 3887  another jurisdiction, the marking “SEXUAL PREDATOR.”
 3888         (b) For a person subject to registration as a sexual
 3889  offender under s. 943.0435 or s. 944.607, or subject to a
 3890  similar registration under the laws of another jurisdiction, the
 3891  marking “943.0435, F.S.”
 3892         Section 73. For the purpose of incorporating the amendment
 3893  made by this act to section 775.0877, Florida Statutes, in a
 3894  reference thereto, paragraph (h) of subsection (2) of section
 3895  381.004, Florida Statutes, is reenacted to read:
 3896         381.004 HIV testing.—
 3897         (2) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT;
 3898  RESULTS; COUNSELING; CONFIDENTIALITY.—
 3899         (h) Paragraph (a) does not apply:
 3900         1. When testing for sexually transmissible diseases is
 3901  required by state or federal law, or by rule, including the
 3902  following situations:
 3903         a. HIV testing pursuant to s. 796.08 of persons convicted
 3904  of prostitution or of procuring another to commit prostitution.
 3905         b. HIV testing of inmates pursuant to s. 945.355 before
 3906  their release from prison by reason of parole, accumulation of
 3907  gain-time credits, or expiration of sentence.
 3908         c. Testing for HIV by a medical examiner in accordance with
 3909  s. 406.11.
 3910         d. HIV testing of pregnant women pursuant to s. 384.31.
 3911         2. To those exceptions provided for blood, plasma, organs,
 3912  skin, semen, or other human tissue pursuant to s. 381.0041.
 3913         3. For the performance of an HIV-related test by licensed
 3914  medical personnel in bona fide medical emergencies if the test
 3915  results are necessary for medical diagnostic purposes to provide
 3916  appropriate emergency care or treatment to the person being
 3917  tested and the patient is unable to consent, as supported by
 3918  documentation in the medical record. Notification of test
 3919  results in accordance with paragraph (c) is required.
 3920         4. For the performance of an HIV-related test by licensed
 3921  medical personnel for medical diagnosis of acute illness where,
 3922  in the opinion of the attending physician, providing
 3923  notification would be detrimental to the patient, as supported
 3924  by documentation in the medical record, and the test results are
 3925  necessary for medical diagnostic purposes to provide appropriate
 3926  care or treatment to the person being tested. Notification of
 3927  test results in accordance with paragraph (c) is required if it
 3928  would not be detrimental to the patient. This subparagraph does
 3929  not authorize the routine testing of patients for HIV infection
 3930  without notification.
 3931         5. If HIV testing is performed as part of an autopsy for
 3932  which consent was obtained pursuant to s. 872.04.
 3933         6. For the performance of an HIV test upon a defendant
 3934  pursuant to the victim’s request in a prosecution for any type
 3935  of sexual battery where a blood sample is taken from the
 3936  defendant voluntarily, pursuant to court order for any purpose,
 3937  or pursuant to s. 775.0877, s. 951.27, or s. 960.003; however,
 3938  the results of an HIV test performed shall be disclosed solely
 3939  to the victim and the defendant, except as provided in ss.
 3940  775.0877, 951.27, and 960.003.
 3941         7. If an HIV test is mandated by court order.
 3942         8. For epidemiological research pursuant to s. 381.0031,
 3943  for research consistent with institutional review boards created
 3944  by 45 C.F.R. part 46, or for the performance of an HIV-related
 3945  test for the purpose of research, if the testing is performed in
 3946  a manner by which the identity of the test subject is not known
 3947  and may not be retrieved by the researcher.
 3948         9. If human tissue is collected lawfully without the
 3949  consent of the donor for corneal removal as authorized by s.
 3950  765.5185 or enucleation of the eyes as authorized by s. 765.519.
 3951         10. For the performance of an HIV test upon an individual
 3952  who comes into contact with medical personnel in such a way that
 3953  a significant exposure has occurred during the course of
 3954  employment, within the scope of practice, or during the course
 3955  of providing emergency medical assistance to the individual. The
 3956  term “medical personnel” includes a licensed or certified health
 3957  care professional; an employee of a health care professional or
 3958  health care facility; employees of a laboratory licensed under
 3959  chapter 483; personnel of a blood bank or plasma center; a
 3960  medical student or other student who is receiving training as a
 3961  health care professional at a health care facility; and a
 3962  paramedic or emergency medical technician certified by the
 3963  department to perform life-support procedures under s. 401.23.
 3964         a. The occurrence of a significant exposure shall be
 3965  documented by medical personnel under the supervision of a
 3966  licensed physician and recorded only in the personnel record of
 3967  the medical personnel.
 3968         b. Costs of an HIV test shall be borne by the medical
 3969  personnel or the employer of the medical personnel. However,
 3970  costs of testing or treatment not directly related to the
 3971  initial HIV tests or costs of subsequent testing or treatment
 3972  may not be borne by the medical personnel or the employer of the
 3973  medical personnel.
 3974         c. In order to use the provisions of this subparagraph, the
 3975  medical personnel must be tested for HIV pursuant to this
 3976  section or provide the results of an HIV test taken within 6
 3977  months before the significant exposure if such test results are
 3978  negative.
 3979         d. A person who receives the results of an HIV test
 3980  pursuant to this subparagraph shall maintain the confidentiality
 3981  of the information received and of the persons tested. Such
 3982  confidential information is exempt from s. 119.07(1).
 3983         e. If the source of the exposure is not available and will
 3984  not voluntarily present himself or herself to a health facility
 3985  to be tested for HIV, the medical personnel or the employer of
 3986  such person acting on behalf of the employee may seek a court
 3987  order directing the source of the exposure to submit to HIV
 3988  testing. A sworn statement by a physician licensed under chapter
 3989  458 or chapter 459 that a significant exposure has occurred and
 3990  that, in the physician’s medical judgment, testing is medically
 3991  necessary to determine the course of treatment constitutes
 3992  probable cause for the issuance of an order by the court. The
 3993  results of the test shall be released to the source of the
 3994  exposure and to the person who experienced the exposure.
 3995         11. For the performance of an HIV test upon an individual
 3996  who comes into contact with nonmedical personnel in such a way
 3997  that a significant exposure has occurred while the nonmedical
 3998  personnel provides emergency medical assistance during a medical
 3999  emergency. For the purposes of this subparagraph, a medical
 4000  emergency means an emergency medical condition outside of a
 4001  hospital or health care facility that provides physician care.
 4002  The test may be performed only during the course of treatment
 4003  for the medical emergency.
 4004         a. The occurrence of a significant exposure shall be
 4005  documented by medical personnel under the supervision of a
 4006  licensed physician and recorded in the medical record of the
 4007  nonmedical personnel.
 4008         b. Costs of any HIV test shall be borne by the nonmedical
 4009  personnel or the employer of the nonmedical personnel. However,
 4010  costs of testing or treatment not directly related to the
 4011  initial HIV tests or costs of subsequent testing or treatment
 4012  may not be borne by the nonmedical personnel or the employer of
 4013  the nonmedical personnel.
 4014         c. In order to use the provisions of this subparagraph, the
 4015  nonmedical personnel shall be tested for HIV pursuant to this
 4016  section or shall provide the results of an HIV test taken within
 4017  6 months before the significant exposure if such test results
 4018  are negative.
 4019         d. A person who receives the results of an HIV test
 4020  pursuant to this subparagraph shall maintain the confidentiality
 4021  of the information received and of the persons tested. Such
 4022  confidential information is exempt from s. 119.07(1).
 4023         e. If the source of the exposure is not available and will
 4024  not voluntarily present himself or herself to a health facility
 4025  to be tested for HIV, the nonmedical personnel or the employer
 4026  of the nonmedical personnel acting on behalf of the employee may
 4027  seek a court order directing the source of the exposure to
 4028  submit to HIV testing. A sworn statement by a physician licensed
 4029  under chapter 458 or chapter 459 that a significant exposure has
 4030  occurred and that, in the physician’s medical judgment, testing
 4031  is medically necessary to determine the course of treatment
 4032  constitutes probable cause for the issuance of an order by the
 4033  court. The results of the test shall be released to the source
 4034  of the exposure and to the person who experienced the exposure.
 4035         12. For the performance of an HIV test by the medical
 4036  examiner or attending physician upon an individual who expired
 4037  or could not be resuscitated while receiving emergency medical
 4038  assistance or care and who was the source of a significant
 4039  exposure to medical or nonmedical personnel providing such
 4040  assistance or care.
 4041         a. HIV testing may be conducted only after appropriate
 4042  medical personnel under the supervision of a licensed physician
 4043  documents in the medical record of the medical personnel or
 4044  nonmedical personnel that there has been a significant exposure
 4045  and that, in accordance with the written protocols based on the
 4046  National Centers for Disease Control and Prevention guidelines
 4047  on HIV postexposure prophylaxis and in the physician’s medical
 4048  judgment, the information is medically necessary to determine
 4049  the course of treatment for the medical personnel or nonmedical
 4050  personnel.
 4051         b. Costs of an HIV test performed under this subparagraph
 4052  may not be charged to the deceased or to the family of the
 4053  deceased person.
 4054         c. For this subparagraph to be applicable, the medical
 4055  personnel or nonmedical personnel must be tested for HIV under
 4056  this section or must provide the results of an HIV test taken
 4057  within 6 months before the significant exposure if such test
 4058  results are negative.
 4059         d. A person who receives the results of an HIV test
 4060  pursuant to this subparagraph shall comply with paragraph (e).
 4061         13. For the performance of an HIV-related test medically
 4062  indicated by licensed medical personnel for medical diagnosis of
 4063  a hospitalized infant as necessary to provide appropriate care
 4064  and treatment of the infant if, after a reasonable attempt, a
 4065  parent cannot be contacted to provide consent. The medical
 4066  records of the infant must reflect the reason consent of the
 4067  parent was not initially obtained. Test results shall be
 4068  provided to the parent when the parent is located.
 4069         14. For the performance of HIV testing conducted to monitor
 4070  the clinical progress of a patient previously diagnosed to be
 4071  HIV positive.
 4072         15. For the performance of repeated HIV testing conducted
 4073  to monitor possible conversion from a significant exposure.
 4074         Section 74. For the purpose of incorporating the amendment
 4075  made by this act to section 775.0877, Florida Statutes, in
 4076  references thereto, paragraph (c) of subsection (1) and
 4077  subsection (3) of section 384.29, Florida Statutes, are
 4078  reenacted to read:
 4079         384.29 Confidentiality.—
 4080         (1) All information and records held by the department or
 4081  its authorized representatives relating to known or suspected
 4082  cases of sexually transmissible diseases are strictly
 4083  confidential and exempt from the provisions of s. 119.07(1).
 4084  Such information shall not be released or made public by the
 4085  department or its authorized representatives, or by a court or
 4086  parties to a lawsuit upon revelation by subpoena, except under
 4087  the following circumstances:
 4088         (c) When made to medical personnel, appropriate state
 4089  agencies, public health agencies, or courts of appropriate
 4090  jurisdiction, to enforce the provisions of this chapter or s.
 4091  775.0877 and related rules;
 4092         (3) No employee of the department or its authorized
 4093  representatives shall be examined in a civil, criminal, special,
 4094  or other proceeding as to the existence or contents of pertinent
 4095  records of a person examined or treated for a sexually
 4096  transmissible disease by the department or its authorized
 4097  representatives, or of the existence or contents of such reports
 4098  received from a private physician or private health facility,
 4099  without the consent of the person examined and treated for such
 4100  diseases, except in proceedings under ss. 384.27 and 384.28 or
 4101  involving offenders pursuant to s. 775.0877.
 4102         Section 75. For the purpose of incorporating the amendment
 4103  made by this act to section 39.01, Florida Statutes, in
 4104  references thereto, paragraphs (b) and (e) of subsection (2) of
 4105  section 390.01114, Florida Statutes, are reenacted to read:
 4106         390.01114 Parental Notice of Abortion Act.—
 4107         (2) DEFINITIONS.—As used in this section, the term:
 4108         (b) “Child abuse” means abandonment, abuse, harm, mental
 4109  injury, neglect, physical injury, or sexual abuse of a child as
 4110  those terms are defined in ss. 39.01, 827.04, and 984.03.
 4111         (e) “Sexual abuse” has the meaning ascribed in s. 39.01.
 4112         Section 76. For the purpose of incorporating the amendment
 4113  made by this act to section 39.01, Florida Statutes, in
 4114  references thereto, paragraph (h) of subsection (4) and
 4115  subsections (7) and (9) of section 393.067, Florida Statutes,
 4116  are reenacted to read:
 4117         393.067 Facility licensure.—
 4118         (4) The application shall be under oath and shall contain
 4119  the following:
 4120         (h) Certification that the staff of the facility or program
 4121  will receive training to detect, report, and prevent sexual
 4122  abuse, abuse, neglect, exploitation, and abandonment, as defined
 4123  in ss. 39.01 and 415.102, of residents and clients.
 4124         (7) The agency shall adopt rules establishing minimum
 4125  standards for facilities and programs licensed under this
 4126  section, including rules requiring facilities and programs to
 4127  train staff to detect, report, and prevent sexual abuse, abuse,
 4128  neglect, exploitation, and abandonment, as defined in ss. 39.01
 4129  and 415.102, of residents and clients, minimum standards of
 4130  quality and adequacy of client care, incident reporting
 4131  requirements, and uniform firesafety standards established by
 4132  the State Fire Marshal which are appropriate to the size of the
 4133  facility or of the component centers or units of the program.
 4134         (9) The agency may conduct unannounced inspections to
 4135  determine compliance by foster care facilities, group home
 4136  facilities, residential habilitation centers, and comprehensive
 4137  transitional education programs with the applicable provisions
 4138  of this chapter and the rules adopted pursuant hereto, including
 4139  the rules adopted for training staff of a facility or a program
 4140  to detect, report, and prevent sexual abuse, abuse, neglect,
 4141  exploitation, and abandonment, as defined in ss. 39.01 and
 4142  415.102, of residents and clients. The facility or program shall
 4143  make copies of inspection reports available to the public upon
 4144  request.
 4145         Section 77. For the purpose of incorporating the amendment
 4146  made by this act to section 39.01, Florida Statutes, in a
 4147  reference thereto, paragraph (p) of subsection (4) of section
 4148  394.495, Florida Statutes, is reenacted to read:
 4149         394.495 Child and adolescent mental health system of care;
 4150  programs and services.—
 4151         (4) The array of services may include, but is not limited
 4152  to:
 4153         (p) Trauma-informed services for children who have suffered
 4154  sexual exploitation as defined in s. 39.01(71)(g).
 4155         Section 78. For the purpose of incorporating the amendment
 4156  made by this act to section 943.0435, Florida Statutes, in a
 4157  reference thereto, paragraph (a) of subsection (2) of section
 4158  394.9125, Florida Statutes, is reenacted to read:
 4159         394.9125 State attorney; authority to refer a person for
 4160  civil commitment.—
 4161         (2) A state attorney may refer a person to the department
 4162  for civil commitment proceedings if the person:
 4163         (a) Is required to register as a sexual offender pursuant
 4164  to s. 943.0435;
 4165         Section 79. For the purpose of incorporating the amendments
 4166  made by this act to sections 775.21, 943.0435, and 943.04354,
 4167  Florida Statutes, in references thereto, paragraphs (a) and (c)
 4168  of subsection (2) of section 397.4872, Florida Statutes, are
 4169  reenacted to read:
 4170         397.4872 Exemption from disqualification; publication.—
 4171         (2) The department may exempt a person from ss. 397.487(6)
 4172  and 397.4871(5) if it has been at least 3 years since the person
 4173  has completed or been lawfully released from confinement,
 4174  supervision, or sanction for the disqualifying offense. An
 4175  exemption from the disqualifying offenses may not be given under
 4176  any circumstances for any person who is a:
 4177         (a) Sexual predator pursuant to s. 775.21;
 4178         (c) Sexual offender pursuant to s. 943.0435, unless the
 4179  requirement to register as a sexual offender has been removed
 4180  pursuant to s. 943.04354.
 4181         Section 80. For the purpose of incorporating the amendments
 4182  made by this act to sections 775.21, 943.0435, and 943.04354,
 4183  Florida Statutes, in references thereto, paragraph (b) of
 4184  subsection (4) of section 435.07, Florida Statutes, is reenacted
 4185  to read:
 4186         435.07 Exemptions from disqualification.—Unless otherwise
 4187  provided by law, the provisions of this section apply to
 4188  exemptions from disqualification for disqualifying offenses
 4189  revealed pursuant to background screenings required under this
 4190  chapter, regardless of whether those disqualifying offenses are
 4191  listed in this chapter or other laws.
 4192         (4)
 4193         (b) Disqualification from employment under this chapter may
 4194  not be removed from, nor may an exemption be granted to, any
 4195  person who is a:
 4196         1. Sexual predator as designated pursuant to s. 775.21;
 4197         2. Career offender pursuant to s. 775.261; or
 4198         3. Sexual offender pursuant to s. 943.0435, unless the
 4199  requirement to register as a sexual offender has been removed
 4200  pursuant to s. 943.04354.
 4201         Section 81. For the purpose of incorporating the amendment
 4202  made by this act to section 775.21, Florida Statutes, in a
 4203  reference thereto, subsection (9) of section 507.07, Florida
 4204  Statutes, is reenacted to read:
 4205         507.07 Violations.—It is a violation of this chapter:
 4206         (9) For a mover or a moving broker to knowingly refuse or
 4207  fail to disclose in writing to a customer before a household
 4208  move that the mover, or an employee or subcontractor of the
 4209  mover or moving broker, who has access to the dwelling or
 4210  property of the customer, including access to give a quote for
 4211  the move, has been convicted of a felony listed in s.
 4212  775.21(4)(a)1. or convicted of a similar offense of another
 4213  jurisdiction, regardless of when such felony offense was
 4214  committed.
 4215         Section 82. For the purpose of incorporating the amendment
 4216  made by this act to section 895.02, Florida Statutes, in a
 4217  reference thereto, paragraph (g) of subsection (3) of section
 4218  655.50, Florida Statutes, is reenacted to read:
 4219         655.50 Florida Control of Money Laundering and Terrorist
 4220  Financing in Financial Institutions Act.—
 4221         (3) As used in this section, the term:
 4222         (g) “Specified unlawful activity” means “racketeering
 4223  activity” as defined in s. 895.02.
 4224         Section 83. For the purpose of incorporating the amendment
 4225  made by this act to section 784.046, Florida Statutes, in a
 4226  reference thereto, paragraph (e) of subsection (1) of section
 4227  741.313, Florida Statutes, is reenacted to read:
 4228         741.313 Unlawful action against employees seeking
 4229  protection.—
 4230         (1) As used in this section, the term:
 4231         (e) “Sexual violence” means sexual violence, as defined in
 4232  s. 784.046, or any crime the underlying factual basis of which
 4233  has been found by a court to include an act of sexual violence.
 4234         Section 84. For the purpose of incorporating the amendment
 4235  made by this act to section 947.1405, Florida Statutes, in a
 4236  reference thereto, paragraph (j) of subsection (4) of section
 4237  775.084, Florida Statutes, is reenacted to read:
 4238         775.084 Violent career criminals; habitual felony offenders
 4239  and habitual violent felony offenders; three-time violent felony
 4240  offenders; definitions; procedure; enhanced penalties or
 4241  mandatory minimum prison terms.—
 4242         (4)
 4243         (j) The provisions of s. 947.1405 shall apply to persons
 4244  sentenced as habitual felony offenders and persons sentenced as
 4245  habitual violent felony offenders.
 4246         Section 85. For the purpose of incorporating the amendment
 4247  made by this act to section 943.0435, Florida Statutes, in a
 4248  reference thereto, subsection (2) of section 775.0862, Florida
 4249  Statutes, is reenacted to read:
 4250         775.0862 Sexual offenses against students by authority
 4251  figures; reclassification.—
 4252         (2) The felony degree of a violation of an offense listed
 4253  in s. 943.0435(1)(h)1.a., unless the offense is a violation of
 4254  s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified
 4255  as provided in this section if the offense is committed by an
 4256  authority figure of a school against a student of the school.
 4257         Section 86. For the purpose of incorporating the amendments
 4258  made by this act to sections 775.21, 943.0435, and 944.607,
 4259  Florida Statutes, in references thereto, paragraphs (e) and (f)
 4260  of subsection (4) of section 775.13, Florida Statutes, are
 4261  reenacted to read:
 4262         775.13 Registration of convicted felons, exemptions;
 4263  penalties.—
 4264         (4) This section does not apply to an offender:
 4265         (e) Who is a sexual predator and has registered as required
 4266  under s. 775.21;
 4267         (f) Who is a sexual offender and has registered as required
 4268  in s. 943.0435 or s. 944.607; or
 4269         Section 87. For the purpose of incorporating the amendments
 4270  made by this act to sections 943.0435, 944.607, 947.1405, and
 4271  948.30, Florida Statutes, in references thereto, paragraph (b)
 4272  of subsection (3), paragraph (d) of subsection (5), paragraph
 4273  (f) of subsection (6), and paragraph (c) of subsection (10) of
 4274  section 775.21, Florida Statutes, are reenacted to read:
 4275         775.21 The Florida Sexual Predators Act.—
 4276         (3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE INTENT.—
 4277         (b) The high level of threat that a sexual predator
 4278  presents to the public safety, and the long-term effects
 4279  suffered by victims of sex offenses, provide the state with
 4280  sufficient justification to implement a strategy that includes:	
 4281         1. Incarcerating sexual predators and maintaining adequate
 4282  facilities to ensure that decisions to release sexual predators
 4283  into the community are not made on the basis of inadequate
 4284  space.
 4285         2. Providing for specialized supervision of sexual
 4286  predators who are in the community by specially trained
 4287  probation officers with low caseloads, as described in ss.
 4288  947.1405(7) and 948.30. The sexual predator is subject to
 4289  specified terms and conditions implemented at sentencing or at
 4290  the time of release from incarceration, with a requirement that
 4291  those who are financially able must pay all or part of the costs
 4292  of supervision.
 4293         3. Requiring the registration of sexual predators, with a
 4294  requirement that complete and accurate information be maintained
 4295  and accessible for use by law enforcement authorities,
 4296  communities, and the public.
 4297         4. Providing for community and public notification
 4298  concerning the presence of sexual predators.
 4299         5. Prohibiting sexual predators from working with children,
 4300  either for compensation or as a volunteer.
 4301         (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
 4302  as a sexual predator as follows:
 4303         (d) A person who establishes or maintains a residence in
 4304  this state and who has not been designated as a sexual predator
 4305  by a court of this state but who has been designated as a sexual
 4306  predator, as a sexually violent predator, or by another sexual
 4307  offender designation in another state or jurisdiction and was,
 4308  as a result of such designation, subjected to registration or
 4309  community or public notification, or both, or would be if the
 4310  person was a resident of that state or jurisdiction, without
 4311  regard to whether the person otherwise meets the criteria for
 4312  registration as a sexual offender, shall register in the manner
 4313  provided in s. 943.0435 or s. 944.607 and shall be subject to
 4314  community and public notification as provided in s. 943.0435 or
 4315  s. 944.607. A person who meets the criteria of this section is
 4316  subject to the requirements and penalty provisions of s.
 4317  943.0435 or s. 944.607 until the person provides the department
 4318  with an order issued by the court that designated the person as
 4319  a sexual predator, as a sexually violent predator, or by another
 4320  sexual offender designation in the state or jurisdiction in
 4321  which the order was issued which states that such designation
 4322  has been removed or demonstrates to the department that such
 4323  designation, if not imposed by a court, has been removed by
 4324  operation of law or court order in the state or jurisdiction in
 4325  which the designation was made, and provided such person no
 4326  longer meets the criteria for registration as a sexual offender
 4327  under the laws of this state.
 4328         (6) REGISTRATION.—
 4329         (f) Within 48 hours after the registration required under
 4330  paragraph (a) or paragraph (e), a sexual predator who is not
 4331  incarcerated and who resides in the community, including a
 4332  sexual predator under the supervision of the Department of
 4333  Corrections, shall register in person at a driver license office
 4334  of the Department of Highway Safety and Motor Vehicles and shall
 4335  present proof of registration unless a driver license or an
 4336  identification card that complies with the requirements of s.
 4337  322.141(3) was previously secured or updated under s. 944.607.
 4338  At the driver license office the sexual predator shall:
 4339         1. If otherwise qualified, secure a Florida driver license,
 4340  renew a Florida driver license, or secure an identification
 4341  card. The sexual predator shall identify himself or herself as a
 4342  sexual predator who is required to comply with this section,
 4343  provide his or her place of permanent, temporary, or transient
 4344  residence, including a rural route address and a post office
 4345  box, and submit to the taking of a photograph for use in issuing
 4346  a driver license, a renewed license, or an identification card,
 4347  and for use by the department in maintaining current records of
 4348  sexual predators. A post office box may not be provided in lieu
 4349  of a physical residential address. If the sexual predator’s
 4350  place of residence is a motor vehicle, trailer, mobile home, or
 4351  manufactured home, as defined in chapter 320, the sexual
 4352  predator shall also provide to the Department of Highway Safety
 4353  and Motor Vehicles the vehicle identification number; the
 4354  license tag number; the registration number; and a description,
 4355  including color scheme, of the motor vehicle, trailer, mobile
 4356  home, or manufactured home. If a sexual predator’s place of
 4357  residence is a vessel, live-aboard vessel, or houseboat, as
 4358  defined in chapter 327, the sexual predator shall also provide
 4359  to the Department of Highway Safety and Motor Vehicles the hull
 4360  identification number; the manufacturer’s serial number; the
 4361  name of the vessel, live-aboard vessel, or houseboat; the
 4362  registration number; and a description, including color scheme,
 4363  of the vessel, live-aboard vessel, or houseboat.
 4364         2. Pay the costs assessed by the Department of Highway
 4365  Safety and Motor Vehicles for issuing or renewing a driver
 4366  license or an identification card as required by this section.
 4367  The driver license or identification card issued to the sexual
 4368  predator must comply with s. 322.141(3).
 4369         3. Provide, upon request, any additional information
 4370  necessary to confirm the identity of the sexual predator,
 4371  including a set of fingerprints.
 4372         (10) PENALTIES.—
 4373         (c) Any person who misuses public records information
 4374  relating to a sexual predator, as defined in this section, or a
 4375  sexual offender, as defined in s. 943.0435 or s. 944.607, to
 4376  secure a payment from such a predator or offender; who knowingly
 4377  distributes or publishes false information relating to such a
 4378  predator or offender which the person misrepresents as being
 4379  public records information; or who materially alters public
 4380  records information with the intent to misrepresent the
 4381  information, including documents, summaries of public records
 4382  information provided by law enforcement agencies, or public
 4383  records information displayed by law enforcement agencies on
 4384  websites or provided through other means of communication,
 4385  commits a misdemeanor of the first degree, punishable as
 4386  provided in s. 775.082 or s. 775.083.
 4387         Section 88. For the purpose of incorporating the amendments
 4388  made by this act to sections 943.0435, 944.606, and 944.607,
 4389  Florida Statutes, in references thereto, subsection (2) of
 4390  section 775.24, Florida Statutes, is reenacted to read:
 4391         775.24 Duty of the court to uphold laws governing sexual
 4392  predators and sexual offenders.—
 4393         (2) If a person meets the criteria in this chapter for
 4394  designation as a sexual predator or meets the criteria in s.
 4395  943.0435, s. 944.606, s. 944.607, or any other law for
 4396  classification as a sexual offender, the court may not enter an
 4397  order, for the purpose of approving a plea agreement or for any
 4398  other reason, which:
 4399         (a) Exempts a person who meets the criteria for designation
 4400  as a sexual predator or classification as a sexual offender from
 4401  such designation or classification, or exempts such person from
 4402  the requirements for registration or community and public
 4403  notification imposed upon sexual predators and sexual offenders;
 4404         (b) Restricts the compiling, reporting, or release of
 4405  public records information that relates to sexual predators or
 4406  sexual offenders; or
 4407         (c) Prevents any person or entity from performing its
 4408  duties or operating within its statutorily conferred authority
 4409  as such duty or authority relates to sexual predators or sexual
 4410  offenders.
 4411         Section 89. For the purpose of incorporating the amendments
 4412  made by this act to sections 775.21, 943.0435, 944.606, and
 4413  944.607, Florida Statutes, in references thereto, section
 4414  775.25, Florida Statutes, is reenacted to read:
 4415         775.25 Prosecutions for acts or omissions.—A sexual
 4416  predator or sexual offender who commits any act or omission in
 4417  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
 4418  944.607, or former s. 947.177 may be prosecuted for the act or
 4419  omission in the county in which the act or omission was
 4420  committed, in the county of the last registered address of the
 4421  sexual predator or sexual offender, in the county in which the
 4422  conviction occurred for the offense or offenses that meet the
 4423  criteria for designating a person as a sexual predator or sexual
 4424  offender, in the county where the sexual predator or sexual
 4425  offender was released from incarceration, or in the county of
 4426  the intended address of the sexual predator or sexual offender
 4427  as reported by the predator or offender prior to his or her
 4428  release from incarceration. In addition, a sexual predator may
 4429  be prosecuted for any such act or omission in the county in
 4430  which he or she was designated a sexual predator.
 4431         Section 90. For the purpose of incorporating the amendments
 4432  made by this act to sections 775.21, 943.0435, and 944.607,
 4433  Florida Statutes, in references thereto, paragraph (b) of
 4434  subsection (3) of section 775.261, Florida Statutes, is
 4435  reenacted to read:
 4436         775.261 The Florida Career Offender Registration Act.—
 4437         (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
 4438         (b) This section does not apply to any person who has been
 4439  designated as a sexual predator and required to register under
 4440  s. 775.21 or who is required to register as a sexual offender
 4441  under s. 943.0435 or s. 944.607. However, if a person is no
 4442  longer required to register as a sexual predator under s. 775.21
 4443  or as a sexual offender under s. 943.0435 or s. 944.607, the
 4444  person must register as a career offender under this section if
 4445  the person is otherwise designated as a career offender as
 4446  provided in this section.
 4447         Section 91. For the purpose of incorporating the amendment
 4448  made by this act to section 847.001, Florida Statutes, in a
 4449  reference thereto, paragraph (d) of subsection (2) of section
 4450  784.049, Florida Statutes, is reenacted to read:
 4451         784.049 Sexual cyberharassment.—
 4452         (2) As used in this section, the term:
 4453         (d) “Sexually explicit image” means any image depicting
 4454  nudity, as defined in s. 847.001, or depicting a person engaging
 4455  in sexual conduct, as defined in s. 847.001.
 4456         Section 92. For the purpose of incorporating the amendment
 4457  made by this act to section 794.0115, Florida Statutes, in
 4458  references thereto, paragraph (a) of subsection (2) and
 4459  subsections (3), (4), and (5) of section 794.011, Florida
 4460  Statutes, are reenacted to read:
 4461         794.011 Sexual battery.—
 4462         (2)(a) A person 18 years of age or older who commits sexual
 4463  battery upon, or in an attempt to commit sexual battery injures
 4464  the sexual organs of, a person less than 12 years of age commits
 4465  a capital felony, punishable as provided in ss. 775.082 and
 4466  921.141.
 4467         (3) A person who commits sexual battery upon a person 12
 4468  years of age or older, without that person’s consent, and in the
 4469  process thereof uses or threatens to use a deadly weapon or uses
 4470  actual physical force likely to cause serious personal injury
 4471  commits a life felony, punishable as provided in s. 775.082, s.
 4472  775.083, s. 775.084, or s. 794.0115.
 4473         (4)(a) A person 18 years of age or older who commits sexual
 4474  battery upon a person 12 years of age or older but younger than
 4475  18 years of age without that person’s consent, under any of the
 4476  circumstances listed in paragraph (e), commits a felony of the
 4477  first degree, punishable by a term of years not exceeding life
 4478  or as provided in s. 775.082, s. 775.083, s. 775.084, or s.
 4479  794.0115.
 4480         (b) A person 18 years of age or older who commits sexual
 4481  battery upon a person 18 years of age or older without that
 4482  person’s consent, under any of the circumstances listed in
 4483  paragraph (e), commits a felony of the first degree, punishable
 4484  as provided in s. 775.082, s. 775.083, s. 775.084, or s.
 4485  794.0115.
 4486         (c) A person younger than 18 years of age who commits
 4487  sexual battery upon a person 12 years of age or older without
 4488  that person’s consent, under any of the circumstances listed in
 4489  paragraph (e), commits a felony of the first degree, punishable
 4490  as provided in s. 775.082, s. 775.083, s. 775.084, or s.
 4491  794.0115.
 4492         (d) A person commits a felony of the first degree,
 4493  punishable by a term of years not exceeding life or as provided
 4494  in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the
 4495  person commits sexual battery upon a person 12 years of age or
 4496  older without that person’s consent, under any of the
 4497  circumstances listed in paragraph (e), and such person was
 4498  previously convicted of a violation of:
 4499         1. Section 787.01(2) or s. 787.02(2) when the violation
 4500  involved a victim who was a minor and, in the course of
 4501  committing that violation, the defendant committed against the
 4502  minor a sexual battery under this chapter or a lewd act under s.
 4503  800.04 or s. 847.0135(5);
 4504         2. Section 787.01(3)(a)2. or 3.;
 4505         3. Section 787.02(3)(a)2. or 3.;
 4506         4. Section 800.04;
 4507         5. Section 825.1025;
 4508         6. Section 847.0135(5); or
 4509         7. This chapter, excluding subsection (10) of this section.
 4510         (e) The following circumstances apply to paragraphs (a)
 4511  (d):
 4512         1. The victim is physically helpless to resist.
 4513         2. The offender coerces the victim to submit by threatening
 4514  to use force or violence likely to cause serious personal injury
 4515  on the victim, and the victim reasonably believes that the
 4516  offender has the present ability to execute the threat.
 4517         3. The offender coerces the victim to submit by threatening
 4518  to retaliate against the victim, or any other person, and the
 4519  victim reasonably believes that the offender has the ability to
 4520  execute the threat in the future.
 4521         4. The offender, without the prior knowledge or consent of
 4522  the victim, administers or has knowledge of someone else
 4523  administering to the victim any narcotic, anesthetic, or other
 4524  intoxicating substance that mentally or physically incapacitates
 4525  the victim.
 4526         5. The victim is mentally defective, and the offender has
 4527  reason to believe this or has actual knowledge of this fact.
 4528         6. The victim is physically incapacitated.
 4529         7. The offender is a law enforcement officer, correctional
 4530  officer, or correctional probation officer as defined in s.
 4531  943.10(1), (2), (3), (6), (7), (8), or (9), who is certified
 4532  under s. 943.1395 or is an elected official exempt from such
 4533  certification by virtue of s. 943.253, or any other person in a
 4534  position of control or authority in a probation, community
 4535  control, controlled release, detention, custodial, or similar
 4536  setting, and such officer, official, or person is acting in such
 4537  a manner as to lead the victim to reasonably believe that the
 4538  offender is in a position of control or authority as an agent or
 4539  employee of government.
 4540         (5)(a) A person 18 years of age or older who commits sexual
 4541  battery upon a person 12 years of age or older but younger than
 4542  18 years of age, without that person’s consent, and in the
 4543  process does not use physical force and violence likely to cause
 4544  serious personal injury commits a felony of the first degree,
 4545  punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
 4546  s. 794.0115.
 4547         (b) A person 18 years of age or older who commits sexual
 4548  battery upon a person 18 years of age or older, without that
 4549  person’s consent, and in the process does not use physical force
 4550  and violence likely to cause serious personal injury commits a
 4551  felony of the second degree, punishable as provided in s.
 4552  775.082, s. 775.083, s. 775.084, or s. 794.0115.
 4553         (c) A person younger than 18 years of age who commits
 4554  sexual battery upon a person 12 years of age or older, without
 4555  that person’s consent, and in the process does not use physical
 4556  force and violence likely to cause serious personal injury
 4557  commits a felony of the second degree, punishable as provided in
 4558  s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
 4559         (d) A person commits a felony of the first degree,
 4560  punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
 4561  s. 794.0115 if the person commits sexual battery upon a person
 4562  12 years of age or older, without that person’s consent, and in
 4563  the process does not use physical force and violence likely to
 4564  cause serious personal injury and the person was previously
 4565  convicted of a violation of:
 4566         1. Section 787.01(2) or s. 787.02(2) when the violation
 4567  involved a victim who was a minor and, in the course of
 4568  committing that violation, the defendant committed against the
 4569  minor a sexual battery under this chapter or a lewd act under s.
 4570  800.04 or s. 847.0135(5);
 4571         2. Section 787.01(3)(a)2. or 3.;
 4572         3. Section 787.02(3)(a)2. or 3.;
 4573         4. Section 800.04;
 4574         5. Section 825.1025;
 4575         6. Section 847.0135(5); or
 4576         7. This chapter, excluding subsection (10) of this section.
 4577         Section 93. For the purpose of incorporating the amendment
 4578  made by this act to section 92.56, Florida Statutes, in a
 4579  reference thereto, section 794.03, Florida Statutes, is
 4580  reenacted to read:
 4581         794.03 Unlawful to publish or broadcast information
 4582  identifying sexual offense victim.—No person shall print,
 4583  publish, or broadcast, or cause or allow to be printed,
 4584  published, or broadcast, in any instrument of mass communication
 4585  the name, address, or other identifying fact or information of
 4586  the victim of any sexual offense within this chapter, except as
 4587  provided in s. 119.071(2)(h) or unless the court determines that
 4588  such information is no longer confidential and exempt pursuant
 4589  to s. 92.56. An offense under this section shall constitute a
 4590  misdemeanor of the second degree, punishable as provided in s.
 4591  775.082 or s. 775.083.
 4592         Section 94. For the purpose of incorporating the amendment
 4593  made by this act to section 775.21, Florida Statutes, in a
 4594  reference thereto, subsection (1) of section 794.075, Florida
 4595  Statutes, is reenacted to read:
 4596         794.075 Sexual predators; erectile dysfunction drugs.—
 4597         (1) A person may not possess a prescription drug, as
 4598  defined in s. 499.003(40), for the purpose of treating erectile
 4599  dysfunction if the person is designated as a sexual predator
 4600  under s. 775.21.
 4601         Section 95. For the purpose of incorporating the amendment
 4602  made by this act to section 960.03, Florida Statutes, in
 4603  references thereto, paragraph (b) of subsection (1) and
 4604  subsections (2) and (3) of section 847.002, Florida Statutes,
 4605  are reenacted to read:
 4606         847.002 Child pornography prosecutions.—
 4607         (1) Any law enforcement officer who, pursuant to a criminal
 4608  investigation, recovers images or movies of child pornography
 4609  shall:
 4610         (b) Request the law enforcement agency contact information
 4611  from the Child Victim Identification Program for any images or
 4612  movies recovered which contain an identified victim of child
 4613  pornography as defined in s. 960.03.
 4614         (2) Any law enforcement officer submitting a case for
 4615  prosecution which involves the production, promotion, or
 4616  possession of child pornography shall submit to the designated
 4617  prosecutor the law enforcement agency contact information
 4618  provided by the Child Victim Identification Program at the
 4619  National Center for Missing and Exploited Children, for any
 4620  images or movies involved in the case which contain the
 4621  depiction of an identified victim of child pornography as
 4622  defined in s. 960.03.
 4623         (3) In every filed case involving an identified victim of
 4624  child pornography, as defined in s. 960.03, the prosecuting
 4625  agency shall enter the following information into the Victims in
 4626  Child Pornography Tracking Repeat Exploitation database
 4627  maintained by the Office of the Attorney General:
 4628         (a) The case number and agency file number.
 4629         (b) The named defendant.
 4630         (c) The circuit court division and county.
 4631         (d) Current court dates and the status of the case.
 4632         (e) Contact information for the prosecutor assigned.
 4633         (f) Verification that the prosecutor is or is not in
 4634  possession of a victim impact statement and will use the
 4635  statement in sentencing.
 4636         Section 96. For the purpose of incorporating the amendment
 4637  made by this act to section 847.001, Florida Statutes, in a
 4638  reference thereto, paragraph (b) of subsection (3) of section
 4639  847.012, Florida Statutes, is reenacted to read:
 4640         847.012 Harmful materials; sale or distribution to minors
 4641  or using minors in production prohibited; penalty.—
 4642         (3) A person may not knowingly sell, rent, or loan for
 4643  monetary consideration to a minor:
 4644         (b) Any book, pamphlet, magazine, printed matter however
 4645  reproduced, or sound recording that contains any matter defined
 4646  in s. 847.001, explicit and detailed verbal descriptions or
 4647  narrative accounts of sexual excitement, or sexual conduct and
 4648  that is harmful to minors.
 4649         Section 97. For the purpose of incorporating the amendment
 4650  made by this act to section 92.56, Florida Statutes, in a
 4651  reference thereto, subsection (3) of section 847.01357, Florida
 4652  Statutes, is reenacted to read:
 4653         847.01357 Exploited children’s civil remedy.—
 4654         (3) Any victim who has a bona fide claim under this section
 4655  shall, upon request, be provided a pseudonym, pursuant to s.
 4656  92.56(3), which shall be issued and maintained by the Department
 4657  of Legal Affairs for use in all legal pleadings. This identifier
 4658  shall be fully recognized in all courts in this state as a valid
 4659  legal identity.
 4660         Section 98. For the purpose of incorporating the amendment
 4661  made by this act to section 847.001, Florida Statutes, in a
 4662  reference thereto, subsections (2) and (3) of section 847.0138,
 4663  Florida Statutes, are reenacted to read:
 4664         847.0138 Transmission of material harmful to minors to a
 4665  minor by electronic device or equipment prohibited; penalties.—
 4666         (2) Notwithstanding ss. 847.012 and 847.0133, any person
 4667  who knew or believed that he or she was transmitting an image,
 4668  information, or data that is harmful to minors, as defined in s.
 4669  847.001, to a specific individual known by the defendant to be a
 4670  minor commits a felony of the third degree, punishable as
 4671  provided in s. 775.082, s. 775.083, or s. 775.084.
 4672         (3) Notwithstanding ss. 847.012 and 847.0133, any person in
 4673  any jurisdiction other than this state who knew or believed that
 4674  he or she was transmitting an image, information, or data that
 4675  is harmful to minors, as defined in s. 847.001, to a specific
 4676  individual known by the defendant to be a minor commits a felony
 4677  of the third degree, punishable as provided in s. 775.082, s.
 4678  775.083, or s. 775.084.
 4679  
 4680  The provisions of this section do not apply to subscription
 4681  based transmissions such as list servers.
 4682         Section 99. For the purpose of incorporating the amendments
 4683  made by this act to sections 16.56 and 895.02, Florida Statutes,
 4684  in references thereto, paragraph (h) of subsection (2) and
 4685  subsection (10) of section 896.101, Florida Statutes, are
 4686  reenacted to read:
 4687         896.101 Florida Money Laundering Act; definitions;
 4688  penalties; injunctions; seizure warrants; immunity.—
 4689         (2) As used in this section, the term:
 4690         (h) “Specified unlawful activity” means any “racketeering
 4691  activity” as defined in s. 895.02.
 4692         (10) Any financial institution, licensed money services
 4693  business, or other person served with and complying with the
 4694  terms of a warrant, temporary injunction, or other court order,
 4695  including any subpoena issued under s. 16.56 or s. 27.04,
 4696  obtained in furtherance of an investigation of any crime in this
 4697  section, including any crime listed as specified unlawful
 4698  activity under this section or any felony violation of chapter
 4699  560, has immunity from criminal liability and is not liable to
 4700  any person for any lawful action taken in complying with the
 4701  warrant, temporary injunction, or other court order, including
 4702  any subpoena issued under s. 16.56 or s. 27.04. If any subpoena
 4703  issued under s. 16.56 or s. 27.04 contains a nondisclosure
 4704  provision, any financial institution, licensed money services
 4705  business, employee or officer of a financial institution or
 4706  licensed money services business, or any other person may not
 4707  notify, directly or indirectly, any customer of that financial
 4708  institution or money services business whose records are being
 4709  sought by the subpoena, or any other person named in the
 4710  subpoena, about the existence or the contents of that subpoena
 4711  or about information that has been furnished to the state
 4712  attorney or statewide prosecutor who issued the subpoena or
 4713  other law enforcement officer named in the subpoena in response
 4714  to the subpoena.
 4715         Section 100. For the purpose of incorporating the
 4716  amendments made by this act to sections 775.21 and 948.06,
 4717  Florida Statutes, in references thereto, paragraphs (b) and (c)
 4718  of subsection (1) of section 903.0351, Florida Statutes, are
 4719  reenacted to read:
 4720         903.0351 Restrictions on pretrial release pending
 4721  probation-violation hearing or community-control-violation
 4722  hearing.—
 4723         (1) In the instance of an alleged violation of felony
 4724  probation or community control, bail or any other form of
 4725  pretrial release shall not be granted prior to the resolution of
 4726  the probation-violation hearing or the community-control
 4727  violation hearing to:
 4728         (b) A person who is on felony probation or community
 4729  control for any offense committed on or after the effective date
 4730  of this act and who is arrested for a qualifying offense as
 4731  defined in s. 948.06(8)(c); or
 4732         (c) A person who is on felony probation or community
 4733  control and has previously been found by a court to be a
 4734  habitual violent felony offender as defined in s. 775.084(1)(b),
 4735  a three-time violent felony offender as defined in s.
 4736  775.084(1)(c), or a sexual predator under s. 775.21, and who is
 4737  arrested for committing a qualifying offense as defined in s.
 4738  948.06(8)(c) on or after the effective date of this act.
 4739         Section 101. For the purpose of incorporating the
 4740  amendments made by this act to sections 775.21 and 943.0435,
 4741  Florida Statutes, in references thereto, paragraph (m) of
 4742  subsection (2) of section 903.046, Florida Statutes, is
 4743  reenacted to read:
 4744         903.046 Purpose of and criteria for bail determination.—
 4745         (2) When determining whether to release a defendant on bail
 4746  or other conditions, and what that bail or those conditions may
 4747  be, the court shall consider:
 4748         (m) Whether the defendant, other than a defendant whose
 4749  only criminal charge is a misdemeanor offense under chapter 316,
 4750  is required to register as a sexual offender under s. 943.0435
 4751  or a sexual predator under s. 775.21; and, if so, he or she is
 4752  not eligible for release on bail or surety bond until the first
 4753  appearance on the case in order to ensure the full participation
 4754  of the prosecutor and the protection of the public.
 4755         Section 102. For the purpose of incorporating the amendment
 4756  made by this act to section 895.02, Florida Statutes, in a
 4757  reference thereto, subsection (3) of section 905.34, Florida
 4758  Statutes, is reenacted to read:
 4759         905.34 Powers and duties; law applicable.—The jurisdiction
 4760  of a statewide grand jury impaneled under this chapter shall
 4761  extend throughout the state. The subject matter jurisdiction of
 4762  the statewide grand jury shall be limited to the offenses of:
 4763         (3) Any violation of the provisions of the Florida RICO
 4764  (Racketeer Influenced and Corrupt Organization) Act, including
 4765  any offense listed in the definition of racketeering activity in
 4766  s. 895.02(8)(a), providing such listed offense is investigated
 4767  in connection with a violation of s. 895.03 and is charged in a
 4768  separate count of an information or indictment containing a
 4769  count charging a violation of s. 895.03, the prosecution of
 4770  which listed offense may continue independently if the
 4771  prosecution of the violation of s. 895.03 is terminated for any
 4772  reason;
 4773  
 4774  or any attempt, solicitation, or conspiracy to commit any
 4775  violation of the crimes specifically enumerated above, when any
 4776  such offense is occurring, or has occurred, in two or more
 4777  judicial circuits as part of a related transaction or when any
 4778  such offense is connected with an organized criminal conspiracy
 4779  affecting two or more judicial circuits. The statewide grand
 4780  jury may return indictments and presentments irrespective of the
 4781  county or judicial circuit where the offense is committed or
 4782  triable. If an indictment is returned, it shall be certified and
 4783  transferred for trial to the county where the offense was
 4784  committed. The powers and duties of, and law applicable to,
 4785  county grand juries shall apply to a statewide grand jury except
 4786  when such powers, duties, and law are inconsistent with the
 4787  provisions of ss. 905.31-905.40.
 4788         Section 103. For the purpose of incorporating the
 4789  amendments made by this act to sections 775.21 and 847.0135,
 4790  Florida Statutes, in references thereto, paragraph (g) of
 4791  subsection (3) of section 921.0022, Florida Statutes, is
 4792  reenacted to read:
 4793         921.0022 Criminal Punishment Code; offense severity ranking
 4794  chart.—
 4795         (3) OFFENSE SEVERITY RANKING CHART
 4796         (g) LEVEL 7
 4797  
 4798  
 4799  FloridaStatute    FelonyDegree           Description            
 4800  316.027(2)(c)        1st   Accident involving death, failure to stop; leaving scene.
 4801  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
 4802  316.1935(3)(b)       1st   Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 4803  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
 4804  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 4805  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
 4806  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
 4807  456.065(2)           3rd   Practicing a health care profession without a license.
 4808  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
 4809  458.327(1)           3rd   Practicing medicine without a license.
 4810  459.013(1)           3rd   Practicing osteopathic medicine without a license.
 4811  460.411(1)           3rd   Practicing chiropractic medicine without a license.
 4812  461.012(1)           3rd   Practicing podiatric medicine without a license.
 4813  462.17               3rd   Practicing naturopathy without a license.
 4814  463.015(1)           3rd   Practicing optometry without a license.
 4815  464.016(1)           3rd   Practicing nursing without a license.
 4816  465.015(2)           3rd   Practicing pharmacy without a license.
 4817  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
 4818  467.201              3rd   Practicing midwifery without a license.
 4819  468.366              3rd   Delivering respiratory care services without a license.
 4820  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
 4821  483.901(7)           3rd   Practicing medical physics without a license.
 4822  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
 4823  484.053              3rd   Dispensing hearing aids without a license.
 4824  494.0018(2)          1st   Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 4825  560.123(8)(b)1.      3rd   Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 4826  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 4827  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 4828  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 4829  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
 4830  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 4831  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 4832  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 4833  782.071              2nd   Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 4834  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 4835  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
 4836  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
 4837  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
 4838  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
 4839  784.048(7)           3rd   Aggravated stalking; violation of court order.
 4840  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
 4841  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
 4842  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
 4843  784.081(1)           1st   Aggravated battery on specified official or employee.
 4844  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
 4845  784.083(1)           1st   Aggravated battery on code inspector.
 4846  787.06(3)(a)2.       1st   Human trafficking using coercion for labor and services of an adult.
 4847  787.06(3)(e)2.       1st   Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
 4848  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 4849  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
 4850  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
 4851  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 4852  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 4853  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 4854  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 4855  794.08(4)            3rd   Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 4856  796.05(1)            1st   Live on earnings of a prostitute; 2nd offense.
 4857  796.05(1)            1st   Live on earnings of a prostitute; 3rd and subsequent offense.
 4858  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 4859  800.04(5)(c)2.       2nd   Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
 4860  800.04(5)(e)         1st   Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
 4861  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
 4862  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
 4863  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
 4864  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
 4865  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
 4866  812.014(2)(a)1.      1st   Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 4867  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 4868  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
 4869  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
 4870  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
 4871  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 4872  812.131(2)(a)        2nd   Robbery by sudden snatching.      
 4873  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
 4874  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
 4875  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
 4876  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
 4877  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
 4878  817.2341 (2)(b) & (3)(b)   1st   Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 4879  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
 4880  817.611(2)(b)        2nd   Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
 4881  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 4882  825.103(3)(b)        2nd   Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
 4883  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
 4884  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
 4885  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
 4886  838.015              2nd   Bribery.                          
 4887  838.016              2nd   Unlawful compensation or reward for official behavior.
 4888  838.021(3)(a)        2nd   Unlawful harm to a public servant.
 4889  838.22               2nd   Bid tampering.                    
 4890  843.0855(2)          3rd   Impersonation of a public officer or employee.
 4891  843.0855(3)          3rd   Unlawful simulation of legal process.
 4892  843.0855(4)          3rd   Intimidation of a public officer or employee.
 4893  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
 4894  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
 4895  872.06               2nd   Abuse of a dead human body.       
 4896  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 4897  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 4898  893.13(1)(c)1.       1st   Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 4899  893.13(1)(e)1.       1st   Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
 4900  893.13(4)(a)         1st   Use or hire of minor; deliver to minor other controlled substance.
 4901  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 4902  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
 4903  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 4904  893.135 (1)(c)2.a.   1st   Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 4905  893.135 (1)(c)2.b.   1st   Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 4906  893.135 (1)(c)3.a.   1st   Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 4907  893.135 (1)(c)3.b.   1st   Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 4908  893.135 (1)(c)4.b.(I)   1st   Trafficking in fentanyl, 4 grams or more, less than 14 grams.
 4909  893.135 (1)(d)1.a.   1st   Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
 4910  893.135(1)(e)1.      1st   Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
 4911  893.135(1)(f)1.      1st   Trafficking in amphetamine, 14 grams or more, less than 28 grams.
 4912  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 4913  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 4914  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 4915  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 4916  893.135 (1)(m)2.a.   1st   Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
 4917  893.135 (1)(m)2.b.   1st   Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
 4918  893.135 (1)(n)2.a.   1st   Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
 4919  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
 4920  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
 4921  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 4922  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 4923  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 4924  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
 4925  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 4926  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 4927  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
 4928  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 4929  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 4930  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 4931  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 4932  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 4933  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 4934         Section 104. For the purpose of incorporating the amendment
 4935  made by this act to section 775.21, Florida Statutes, in a
 4936  reference thereto, paragraph (o) of subsection (6) of section
 4937  921.141, Florida Statutes, is reenacted to read:
 4938         921.141 Sentence of death or life imprisonment for capital
 4939  felonies; further proceedings to determine sentence.—
 4940         (6) AGGRAVATING FACTORS.—Aggravating factors shall be
 4941  limited to the following:
 4942         (o) The capital felony was committed by a person designated
 4943  as a sexual predator pursuant to s. 775.21 or a person
 4944  previously designated as a sexual predator who had the sexual
 4945  predator designation removed.
 4946         Section 105. For the purpose of incorporating the
 4947  amendments made by this act to sections 775.21, 944.606, and
 4948  944.607, Florida Statutes, in references thereto, subsection
 4949  (3), paragraph (a) of subsection (4), and subsection (5) of
 4950  section 943.0435, Florida Statutes, are reenacted to read:
 4951         943.0435 Sexual offenders required to register with the
 4952  department; penalty.—
 4953         (3) Within 48 hours after the report required under
 4954  subsection (2), a sexual offender shall report in person at a
 4955  driver license office of the Department of Highway Safety and
 4956  Motor Vehicles, unless a driver license or identification card
 4957  that complies with the requirements of s. 322.141(3) was
 4958  previously secured or updated under s. 944.607. At the driver
 4959  license office the sexual offender shall:
 4960         (a) If otherwise qualified, secure a Florida driver
 4961  license, renew a Florida driver license, or secure an
 4962  identification card. The sexual offender shall identify himself
 4963  or herself as a sexual offender who is required to comply with
 4964  this section and shall provide proof that the sexual offender
 4965  reported as required in subsection (2). The sexual offender
 4966  shall provide any of the information specified in subsection
 4967  (2), if requested. The sexual offender shall submit to the
 4968  taking of a photograph for use in issuing a driver license,
 4969  renewed license, or identification card, and for use by the
 4970  department in maintaining current records of sexual offenders.
 4971         (b) Pay the costs assessed by the Department of Highway
 4972  Safety and Motor Vehicles for issuing or renewing a driver
 4973  license or identification card as required by this section. The
 4974  driver license or identification card issued must be in
 4975  compliance with s. 322.141(3).
 4976         (c) Provide, upon request, any additional information
 4977  necessary to confirm the identity of the sexual offender,
 4978  including a set of fingerprints.
 4979         (4)(a) Each time a sexual offender’s driver license or
 4980  identification card is subject to renewal, and, without regard
 4981  to the status of the offender’s driver license or identification
 4982  card, within 48 hours after any change in the offender’s
 4983  permanent, temporary, or transient residence or change in the
 4984  offender’s name by reason of marriage or other legal process,
 4985  the offender shall report in person to a driver license office,
 4986  and is subject to the requirements specified in subsection (3).
 4987  The Department of Highway Safety and Motor Vehicles shall
 4988  forward to the department all photographs and information
 4989  provided by sexual offenders. Notwithstanding the restrictions
 4990  set forth in s. 322.142, the Department of Highway Safety and
 4991  Motor Vehicles may release a reproduction of a color-photograph
 4992  or digital-image license to the Department of Law Enforcement
 4993  for purposes of public notification of sexual offenders as
 4994  provided in this section and ss. 943.043 and 944.606. A sexual
 4995  offender who is unable to secure or update a driver license or
 4996  an identification card with the Department of Highway Safety and
 4997  Motor Vehicles as provided in subsection (3) and this subsection
 4998  shall also report any change in the sexual offender’s permanent,
 4999  temporary, or transient residence or change in the offender’s
 5000  name by reason of marriage or other legal process within 48
 5001  hours after the change to the sheriff’s office in the county
 5002  where the offender resides or is located and provide
 5003  confirmation that he or she reported such information to the
 5004  Department of Highway Safety and Motor Vehicles. The reporting
 5005  requirements under this paragraph do not negate the requirement
 5006  for a sexual offender to obtain a Florida driver license or an
 5007  identification card as required in this section.
 5008         (5) This section does not apply to a sexual offender who is
 5009  also a sexual predator, as defined in s. 775.21. A sexual
 5010  predator must register as required under s. 775.21.
 5011         Section 106. For the purpose of incorporating the
 5012  amendments made by this act to sections 943.0435, 944.606, and
 5013  944.607, Florida Statutes, in references thereto, subsection (2)
 5014  of section 943.0436, Florida Statutes, is reenacted to read:
 5015         943.0436 Duty of the court to uphold laws governing sexual
 5016  predators and sexual offenders.—
 5017         (2) If a person meets the criteria in chapter 775 for
 5018  designation as a sexual predator or meets the criteria in s.
 5019  943.0435, s. 944.606, s. 944.607, or any other law for
 5020  classification as a sexual offender, the court may not enter an
 5021  order, for the purpose of approving a plea agreement or for any
 5022  other reason, which:
 5023         (a) Exempts a person who meets the criteria for designation
 5024  as a sexual predator or classification as a sexual offender from
 5025  such designation or classification, or exempts such person from
 5026  the requirements for registration or community and public
 5027  notification imposed upon sexual predators and sexual offenders;
 5028         (b) Restricts the compiling, reporting, or release of
 5029  public records information that relates to sexual predators or
 5030  sexual offenders; or
 5031         (c) Prevents any person or entity from performing its
 5032  duties or operating within its statutorily conferred authority
 5033  as such duty or authority relates to sexual predators or sexual
 5034  offenders.
 5035         Section 107. For the purpose of incorporating the amendment
 5036  made by this act to section 847.0135, Florida Statutes, in a
 5037  reference thereto, paragraph (g) of subsection (2) of section
 5038  943.325, Florida Statutes, is reenacted to read:
 5039         943.325 DNA database.—
 5040         (2) DEFINITIONS.—As used in this section, the term:
 5041         (g) “Qualifying offender” means any person, including
 5042  juveniles and adults, who is:
 5043         1.a. Committed to a county jail;
 5044         b. Committed to or under the supervision of the Department
 5045  of Corrections, including persons incarcerated in a private
 5046  correctional institution operated under contract pursuant to s.
 5047  944.105;
 5048         c. Committed to or under the supervision of the Department
 5049  of Juvenile Justice;
 5050         d. Transferred to this state under the Interstate Compact
 5051  on Juveniles, part XIII of chapter 985; or
 5052         e. Accepted under Article IV of the Interstate Corrections
 5053  Compact, part III of chapter 941; and who is:
 5054         2.a. Convicted of any felony offense or attempted felony
 5055  offense in this state or of a similar offense in another
 5056  jurisdiction;
 5057         b. Convicted of a misdemeanor violation of s. 784.048, s.
 5058  810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
 5059  offense that was found, pursuant to s. 874.04, to have been
 5060  committed for the purpose of benefiting, promoting, or
 5061  furthering the interests of a criminal gang as defined in s.
 5062  874.03; or
 5063         c. Arrested for any felony offense or attempted felony
 5064  offense in this state.
 5065         Section 108. For the purpose of incorporating the amendment
 5066  made by this act to section 847.001, Florida Statutes, in a
 5067  reference thereto, subsection (2) of section 944.11, Florida
 5068  Statutes, is reenacted to read:
 5069         944.11 Department to regulate admission of books.—
 5070         (2) The department shall have the authority to prohibit
 5071  admission of reading materials or publications with content
 5072  which depicts sexual conduct as defined by s. 847.001 or
 5073  presents nudity in such a way as to create the appearance that
 5074  sexual conduct is imminent. The department shall have the
 5075  authority to prohibit admission of such materials at a
 5076  particular state correctional facility upon a determination by
 5077  the department that such material or publications would be
 5078  detrimental to the safety, security, order or rehabilitative
 5079  interests of a particular state correctional facility or would
 5080  create a risk of disorder at a particular state correctional
 5081  facility.
 5082         Section 109. For the purpose of incorporating the
 5083  amendments made by this act to sections 775.21 and 943.0435,
 5084  Florida Statutes, in references thereto, paragraph (a) of
 5085  subsection (4) and subsection (9) of section 944.607, Florida
 5086  Statutes, are reenacted to read:
 5087         944.607 Notification to Department of Law Enforcement of
 5088  information on sexual offenders.—
 5089         (4) A sexual offender, as described in this section, who is
 5090  under the supervision of the Department of Corrections but is
 5091  not incarcerated shall register with the Department of
 5092  Corrections within 3 business days after sentencing for a
 5093  registrable offense and otherwise provide information as
 5094  required by this subsection.
 5095         (a) The sexual offender shall provide his or her name; date
 5096  of birth; social security number; race; sex; height; weight;
 5097  hair and eye color; tattoos or other identifying marks; all
 5098  electronic mail addresses and Internet identifiers required to
 5099  be provided pursuant to s. 943.0435(4)(e); employment
 5100  information required to be provided pursuant to s.
 5101  943.0435(4)(e); all home telephone numbers and cellular
 5102  telephone numbers required to be provided pursuant to s.
 5103  943.0435(4)(e); the make, model, color, vehicle identification
 5104  number (VIN), and license tag number of all vehicles owned;
 5105  permanent or legal residence and address of temporary residence
 5106  within the state or out of state while the sexual offender is
 5107  under supervision in this state, including any rural route
 5108  address or post office box; if no permanent or temporary
 5109  address, any transient residence within the state; and address,
 5110  location or description, and dates of any current or known
 5111  future temporary residence within the state or out of state. The
 5112  sexual offender shall also produce his or her passport, if he or
 5113  she has a passport, and, if he or she is an alien, shall produce
 5114  or provide information about documents establishing his or her
 5115  immigration status. The sexual offender shall also provide
 5116  information about any professional licenses he or she has. The
 5117  Department of Corrections shall verify the address of each
 5118  sexual offender in the manner described in ss. 775.21 and
 5119  943.0435. The department shall report to the Department of Law
 5120  Enforcement any failure by a sexual predator or sexual offender
 5121  to comply with registration requirements.
 5122         (9) A sexual offender, as described in this section, who is
 5123  under the supervision of the Department of Corrections but who
 5124  is not incarcerated shall, in addition to the registration
 5125  requirements provided in subsection (4), register and obtain a
 5126  distinctive driver license or identification card in the manner
 5127  provided in s. 943.0435(3), (4), and (5), unless the sexual
 5128  offender is a sexual predator, in which case he or she shall
 5129  register and obtain a distinctive driver license or
 5130  identification card as required under s. 775.21. A sexual
 5131  offender who fails to comply with the requirements of s.
 5132  943.0435 is subject to the penalties provided in s. 943.0435(9).
 5133         Section 110. For the purpose of incorporating the
 5134  amendments made by this act to sections 775.21 and 944.607,
 5135  Florida Statutes, in references thereto, subsection (7) of
 5136  section 944.608, Florida Statutes, is reenacted to read:
 5137         944.608 Notification to Department of Law Enforcement of
 5138  information on career offenders.—
 5139         (7) A career offender who is under the supervision of the
 5140  department but who is not incarcerated shall, in addition to the
 5141  registration requirements provided in subsection (3), register
 5142  in the manner provided in s. 775.261(4)(c), unless the career
 5143  offender is a sexual predator, in which case he or she shall
 5144  register as required under s. 775.21, or is a sexual offender,
 5145  in which case he or she shall register as required in s.
 5146  944.607. A career offender who fails to comply with the
 5147  requirements of s. 775.261(4) is subject to the penalties
 5148  provided in s. 775.261(8).
 5149         Section 111. For the purpose of incorporating the amendment
 5150  made by this act to section 775.21, Florida Statutes, in a
 5151  reference thereto, subsection (4) of section 944.609, Florida
 5152  Statutes, is reenacted to read:
 5153         944.609 Career offenders; notification upon release.—
 5154         (4) The department or any law enforcement agency may notify
 5155  the community and the public of a career offender’s presence in
 5156  the community. However, with respect to a career offender who
 5157  has been found to be a sexual predator under s. 775.21, the
 5158  Department of Law Enforcement or any other law enforcement
 5159  agency must inform the community and the public of the career
 5160  offender’s presence in the community, as provided in s. 775.21.
 5161         Section 112. For the purpose of incorporating the amendment
 5162  made by this act to section 947.1405, Florida Statutes, in a
 5163  reference thereto, subsection (1) of section 944.70, Florida
 5164  Statutes, is reenacted to read:
 5165         944.70 Conditions for release from incarceration.—
 5166         (1)(a) A person who is convicted of a crime committed on or
 5167  after October 1, 1983, but before January 1, 1994, may be
 5168  released from incarceration only:
 5169         1. Upon expiration of the person’s sentence;
 5170         2. Upon expiration of the person’s sentence as reduced by
 5171  accumulated gain-time;
 5172         3. As directed by an executive order granting clemency;
 5173         4. Upon attaining the provisional release date;
 5174         5. Upon placement in a conditional release program pursuant
 5175  to s. 947.1405; or
 5176         6. Upon the granting of control release pursuant to s.
 5177  947.146.
 5178         (b) A person who is convicted of a crime committed on or
 5179  after January 1, 1994, may be released from incarceration only:
 5180         1. Upon expiration of the person’s sentence;
 5181         2. Upon expiration of the person’s sentence as reduced by
 5182  accumulated meritorious or incentive gain-time;
 5183         3. As directed by an executive order granting clemency;
 5184         4. Upon placement in a conditional release program pursuant
 5185  to s. 947.1405 or a conditional medical release program pursuant
 5186  to s. 947.149; or
 5187         5. Upon the granting of control release, including
 5188  emergency control release, pursuant to s. 947.146.
 5189         Section 113. For the purpose of incorporating the amendment
 5190  made by this act to section 947.1405, Florida Statutes, in a
 5191  reference thereto, paragraph (f) of subsection (1) of section
 5192  947.13, Florida Statutes, is reenacted to read:
 5193         947.13 Powers and duties of commission.—
 5194         (1) The commission shall have the powers and perform the
 5195  duties of:
 5196         (f) Establishing the terms and conditions of persons
 5197  released on conditional release under s. 947.1405, and
 5198  determining subsequent ineligibility for conditional release due
 5199  to a violation of the terms or conditions of conditional release
 5200  and taking action with respect to such a violation.
 5201         Section 114. For the purpose of incorporating the
 5202  amendments made by this act to sections 775.21, 943.0435, and
 5203  943.4354, Florida Statutes, in references thereto, paragraph (c)
 5204  of subsection (2) and subsection (12) of section 947.1405,
 5205  Florida Statutes, are reenacted to read:
 5206         947.1405 Conditional release program.—
 5207         (2) Any inmate who:
 5208         (c) Is found to be a sexual predator under s. 775.21 or
 5209  former s. 775.23,
 5210  
 5211  shall, upon reaching the tentative release date or provisional
 5212  release date, whichever is earlier, as established by the
 5213  Department of Corrections, be released under supervision subject
 5214  to specified terms and conditions, including payment of the cost
 5215  of supervision pursuant to s. 948.09. Such supervision shall be
 5216  applicable to all sentences within the overall term of sentences
 5217  if an inmate’s overall term of sentences includes one or more
 5218  sentences that are eligible for conditional release supervision
 5219  as provided herein. Effective July 1, 1994, and applicable for
 5220  offenses committed on or after that date, the commission may
 5221  require, as a condition of conditional release, that the
 5222  releasee make payment of the debt due and owing to a county or
 5223  municipal detention facility under s. 951.032 for medical care,
 5224  treatment, hospitalization, or transportation received by the
 5225  releasee while in that detention facility. The commission, in
 5226  determining whether to order such repayment and the amount of
 5227  such repayment, shall consider the amount of the debt, whether
 5228  there was any fault of the institution for the medical expenses
 5229  incurred, the financial resources of the releasee, the present
 5230  and potential future financial needs and earning ability of the
 5231  releasee, and dependents, and other appropriate factors. If any
 5232  inmate placed on conditional release supervision is also subject
 5233  to probation or community control, resulting from a probationary
 5234  or community control split sentence within the overall term of
 5235  sentences, the Department of Corrections shall supervise such
 5236  person according to the conditions imposed by the court and the
 5237  commission shall defer to such supervision. If the court revokes
 5238  probation or community control and resentences the offender to a
 5239  term of incarceration, such revocation also constitutes a
 5240  sufficient basis for the revocation of the conditional release
 5241  supervision on any nonprobationary or noncommunity control
 5242  sentence without further hearing by the commission. If any such
 5243  supervision on any nonprobationary or noncommunity control
 5244  sentence is revoked, such revocation may result in a forfeiture
 5245  of all gain-time, and the commission may revoke the resulting
 5246  deferred conditional release supervision or take other action it
 5247  considers appropriate. If the term of conditional release
 5248  supervision exceeds that of the probation or community control,
 5249  then, upon expiration of the probation or community control,
 5250  authority for the supervision shall revert to the commission and
 5251  the supervision shall be subject to the conditions imposed by
 5252  the commission. A panel of no fewer than two commissioners shall
 5253  establish the terms and conditions of any such release. If the
 5254  offense was a controlled substance violation, the conditions
 5255  shall include a requirement that the offender submit to random
 5256  substance abuse testing intermittently throughout the term of
 5257  conditional release supervision, upon the direction of the
 5258  correctional probation officer as defined in s. 943.10(3). The
 5259  commission shall also determine whether the terms and conditions
 5260  of such release have been violated and whether such violation
 5261  warrants revocation of the conditional release.
 5262         (12) In addition to all other conditions imposed, for a
 5263  releasee who is subject to conditional release for a crime that
 5264  was committed on or after May 26, 2010, and who has been
 5265  convicted at any time of committing, or attempting, soliciting,
 5266  or conspiring to commit, any of the criminal offenses listed in
 5267  s. 943.0435(1)(h)1.a.(I), or a similar offense in another
 5268  jurisdiction against a victim who was under 18 years of age at
 5269  the time of the offense, if the releasee has not received a
 5270  pardon for any felony or similar law of another jurisdiction
 5271  necessary for the operation of this subsection, if a conviction
 5272  of a felony or similar law of another jurisdiction necessary for
 5273  the operation of this subsection has not been set aside in any
 5274  postconviction proceeding, or if the releasee has not been
 5275  removed from the requirement to register as a sexual offender or
 5276  sexual predator pursuant to s. 943.04354, the commission must
 5277  impose the following conditions:
 5278         (a) A prohibition on visiting schools, child care
 5279  facilities, parks, and playgrounds without prior approval from
 5280  the releasee’s supervising officer. The commission may also
 5281  designate additional prohibited locations to protect a victim.
 5282  The prohibition ordered under this paragraph does not prohibit
 5283  the releasee from visiting a school, child care facility, park,
 5284  or playground for the sole purpose of attending a religious
 5285  service as defined in s. 775.0861 or picking up or dropping off
 5286  the releasee’s child or grandchild at a child care facility or
 5287  school.
 5288         (b) A prohibition on distributing candy or other items to
 5289  children on Halloween; wearing a Santa Claus costume, or other
 5290  costume to appeal to children, on or preceding Christmas;
 5291  wearing an Easter Bunny costume, or other costume to appeal to
 5292  children, on or preceding Easter; entertaining at children’s
 5293  parties; or wearing a clown costume without prior approval from
 5294  the commission.
 5295         Section 115. For the purpose of incorporating the amendment
 5296  made by this act to section 947.1405, Florida Statutes, in
 5297  references thereto, subsections (1), (2), and (7) of section
 5298  947.141, Florida Statutes, are reenacted to read:
 5299         947.141 Violations of conditional release, control release,
 5300  or conditional medical release or addiction-recovery
 5301  supervision.—
 5302         (1) If a member of the commission or a duly authorized
 5303  representative of the commission has reasonable grounds to
 5304  believe that an offender who is on release supervision under s.
 5305  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 5306  the terms and conditions of the release in a material respect,
 5307  such member or representative may cause a warrant to be issued
 5308  for the arrest of the releasee; if the offender was found to be
 5309  a sexual predator, the warrant must be issued.
 5310         (2) Upon the arrest on a felony charge of an offender who
 5311  is on release supervision under s. 947.1405, s. 947.146, s.
 5312  947.149, or s. 944.4731, the offender must be detained without
 5313  bond until the initial appearance of the offender at which a
 5314  judicial determination of probable cause is made. If the trial
 5315  court judge determines that there was no probable cause for the
 5316  arrest, the offender may be released. If the trial court judge
 5317  determines that there was probable cause for the arrest, such
 5318  determination also constitutes reasonable grounds to believe
 5319  that the offender violated the conditions of the release. Within
 5320  24 hours after the trial court judge’s finding of probable
 5321  cause, the detention facility administrator or designee shall
 5322  notify the commission and the department of the finding and
 5323  transmit to each a facsimile copy of the probable cause
 5324  affidavit or the sworn offense report upon which the trial court
 5325  judge’s probable cause determination is based. The offender must
 5326  continue to be detained without bond for a period not exceeding
 5327  72 hours excluding weekends and holidays after the date of the
 5328  probable cause determination, pending a decision by the
 5329  commission whether to issue a warrant charging the offender with
 5330  violation of the conditions of release. Upon the issuance of the
 5331  commission’s warrant, the offender must continue to be held in
 5332  custody pending a revocation hearing held in accordance with
 5333  this section.
 5334         (7) If a law enforcement officer has probable cause to
 5335  believe that an offender who is on release supervision under s.
 5336  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 5337  the terms and conditions of his or her release by committing a
 5338  felony offense, the officer shall arrest the offender without a
 5339  warrant, and a warrant need not be issued in the case.
 5340         Section 116. For the purpose of incorporating the
 5341  amendments made by this act to sections 775.21 and 943.0435,
 5342  Florida Statutes, in references thereto, paragraph (b) of
 5343  subsection (2) of section 948.013, Florida Statutes, is
 5344  reenacted to read:
 5345         948.013 Administrative probation.—
 5346         (2)
 5347         (b) Effective for an offense committed on or after October
 5348  1, 2017, a person is ineligible for placement on administrative
 5349  probation if the person is sentenced to or is serving a term of
 5350  probation or community control, regardless of the conviction or
 5351  adjudication, for committing, or attempting, conspiring, or
 5352  soliciting to commit, any of the felony offenses described in s.
 5353  775.21(4)(a)1.a. or b. or s. 943.0435(1)(h)1.a.
 5354         Section 117. For the purpose of incorporating the amendment
 5355  made by this act to section 775.21, Florida Statutes, in
 5356  references thereto, paragraphs (b) and (d) of subsection (8) of
 5357  section 948.06, Florida Statutes, are reenacted to read:
 5358         948.06 Violation of probation or community control;
 5359  revocation; modification; continuance; failure to pay
 5360  restitution or cost of supervision.—
 5361         (8)
 5362         (b) For purposes of this section and ss. 903.0351, 948.064,
 5363  and 921.0024, the term “violent felony offender of special
 5364  concern” means a person who is on:
 5365         1. Felony probation or community control related to the
 5366  commission of a qualifying offense committed on or after the
 5367  effective date of this act;
 5368         2. Felony probation or community control for any offense
 5369  committed on or after the effective date of this act, and has
 5370  previously been convicted of a qualifying offense;
 5371         3. Felony probation or community control for any offense
 5372  committed on or after the effective date of this act, and is
 5373  found to have violated that probation or community control by
 5374  committing a qualifying offense;
 5375         4. Felony probation or community control and has previously
 5376  been found by a court to be a habitual violent felony offender
 5377  as defined in s. 775.084(1)(b) and has committed a qualifying
 5378  offense on or after the effective date of this act;
 5379         5. Felony probation or community control and has previously
 5380  been found by a court to be a three-time violent felony offender
 5381  as defined in s. 775.084(1)(c) and has committed a qualifying
 5382  offense on or after the effective date of this act; or
 5383         6. Felony probation or community control and has previously
 5384  been found by a court to be a sexual predator under s. 775.21
 5385  and has committed a qualifying offense on or after the effective
 5386  date of this act.
 5387         (d) In the case of an alleged violation of probation or
 5388  community control other than a failure to pay costs, fines, or
 5389  restitution, the following individuals shall remain in custody
 5390  pending the resolution of the probation or community control
 5391  violation:
 5392         1. A violent felony offender of special concern, as defined
 5393  in this section;
 5394         2. A person who is on felony probation or community control
 5395  for any offense committed on or after the effective date of this
 5396  act and who is arrested for a qualifying offense as defined in
 5397  this section; or
 5398         3. A person who is on felony probation or community control
 5399  and has previously been found by a court to be a habitual
 5400  violent felony offender as defined in s. 775.084(1)(b), a three
 5401  time violent felony offender as defined in s. 775.084(1)(c), or
 5402  a sexual predator under s. 775.21, and who is arrested for
 5403  committing a qualifying offense as defined in this section on or
 5404  after the effective date of this act.
 5405  
 5406  The court shall not dismiss the probation or community control
 5407  violation warrant pending against an offender enumerated in this
 5408  paragraph without holding a recorded violation-of-probation
 5409  hearing at which both the state and the offender are
 5410  represented.
 5411         Section 118. For the purpose of incorporating the
 5412  amendments made by this act to sections 775.21, 943.0435, and
 5413  944.607, Florida Statutes, in references thereto, section
 5414  948.063, Florida Statutes, is reenacted to read:
 5415         948.063 Violations of probation or community control by
 5416  designated sexual offenders and sexual predators.—
 5417         (1) If probation or community control for any felony
 5418  offense is revoked by the court pursuant to s. 948.06(2)(e) and
 5419  the offender is designated as a sexual offender pursuant to s.
 5420  943.0435 or s. 944.607 or as a sexual predator pursuant to s.
 5421  775.21 for unlawful sexual activity involving a victim 15 years
 5422  of age or younger and the offender is 18 years of age or older,
 5423  and if the court imposes a subsequent term of supervision
 5424  following the revocation of probation or community control, the
 5425  court must order electronic monitoring as a condition of the
 5426  subsequent term of probation or community control.
 5427         (2) If the probationer or offender is required to register
 5428  as a sexual predator under s. 775.21 or as a sexual offender
 5429  under s. 943.0435 or s. 944.607 for unlawful sexual activity
 5430  involving a victim 15 years of age or younger and the
 5431  probationer or offender is 18 years of age or older and has
 5432  violated the conditions of his or her probation or community
 5433  control, but the court does not revoke the probation or
 5434  community control, the court shall nevertheless modify the
 5435  probation or community control to include electronic monitoring
 5436  for any probationer or offender not then subject to electronic
 5437  monitoring.
 5438         Section 119. For the purpose of incorporating the amendment
 5439  made by this act to section 775.21, Florida Statutes, in a
 5440  reference thereto, subsection (4) of section 948.064, Florida
 5441  Statutes, is reenacted to read:
 5442         948.064 Notification of status as a violent felony offender
 5443  of special concern.—
 5444         (4) The state attorney, or the statewide prosecutor if
 5445  applicable, shall advise the court at each critical stage in the
 5446  judicial process, at which the state attorney or statewide
 5447  prosecutor is represented, whether an alleged or convicted
 5448  offender is a violent felony offender of special concern; a
 5449  person who is on felony probation or community control for any
 5450  offense committed on or after the effective date of this act and
 5451  who is arrested for a qualifying offense; or a person who is on
 5452  felony probation or community control and has previously been
 5453  found by a court to be a habitual violent felony offender as
 5454  defined in s. 775.084(1)(b), a three-time violent felony
 5455  offender as defined in s. 775.084(1)(c), or a sexual predator
 5456  under s. 775.21, and who is arrested for committing a qualifying
 5457  offense on or after the effective date of this act.
 5458         Section 120. For the purpose of incorporating the amendment
 5459  made by this act to section 948.06, Florida Statutes, in a
 5460  reference thereto, paragraph (a) of subsection (7) of section
 5461  948.08, Florida Statutes, is reenacted to read:
 5462         948.08 Pretrial intervention program.—
 5463         (7)(a) Notwithstanding any provision of this section, a
 5464  person who is charged with a felony, other than a felony listed
 5465  in s. 948.06(8)(c), and identified as a veteran, as defined in
 5466  s. 1.01, including a veteran who is discharged or released under
 5467  a general discharge, or servicemember, as defined in s. 250.01,
 5468  who suffers from a military service-related mental illness,
 5469  traumatic brain injury, substance abuse disorder, or
 5470  psychological problem, is eligible for voluntary admission into
 5471  a pretrial veterans’ treatment intervention program approved by
 5472  the chief judge of the circuit, upon motion of either party or
 5473  the court’s own motion, except:
 5474         1. If a defendant was previously offered admission to a
 5475  pretrial veterans’ treatment intervention program at any time
 5476  before trial and the defendant rejected that offer on the
 5477  record, the court may deny the defendant’s admission to such a
 5478  program.
 5479         2. If a defendant previously entered a court-ordered
 5480  veterans’ treatment program, the court may deny the defendant’s
 5481  admission into the pretrial veterans’ treatment program.
 5482         Section 121. For the purpose of incorporating the amendment
 5483  made by this act to section 775.21, Florida Statutes, in a
 5484  reference thereto, subsection (3) of section 948.12, Florida
 5485  Statutes, is reenacted to read:
 5486         948.12 Intensive supervision for postprison release of
 5487  violent offenders.—It is the finding of the Legislature that the
 5488  population of violent offenders released from state prison into
 5489  the community poses the greatest threat to the public safety of
 5490  the groups of offenders under community supervision. Therefore,
 5491  for the purpose of enhanced public safety, any offender released
 5492  from state prison who:
 5493         (3) Has been found to be a sexual predator pursuant to s.
 5494  775.21,
 5495  
 5496  and who has a term of probation to follow the period of
 5497  incarceration shall be provided intensive supervision by
 5498  experienced correctional probation officers. Subject to specific
 5499  appropriation by the Legislature, caseloads may be restricted to
 5500  a maximum of 40 offenders per officer to provide for enhanced
 5501  public safety as well as to effectively monitor conditions of
 5502  electronic monitoring or curfews, if such was ordered by the
 5503  court.
 5504         Section 122. For the purpose of incorporating the
 5505  amendments made by this act to sections 775.21 and 943.0435,
 5506  Florida Statutes, in references thereto, paragraph (b) of
 5507  subsection (3) and subsection (4) of section 948.30, Florida
 5508  Statutes, are reenacted to read:
 5509         948.30 Additional terms and conditions of probation or
 5510  community control for certain sex offenses.—Conditions imposed
 5511  pursuant to this section do not require oral pronouncement at
 5512  the time of sentencing and shall be considered standard
 5513  conditions of probation or community control for offenders
 5514  specified in this section.
 5515         (3) Effective for a probationer or community controllee
 5516  whose crime was committed on or after September 1, 2005, and
 5517  who:
 5518         (b) Is designated a sexual predator pursuant to s. 775.21;
 5519  or
 5520  
 5521  the court must order, in addition to any other provision of this
 5522  section, mandatory electronic monitoring as a condition of the
 5523  probation or community control supervision.
 5524         (4) In addition to all other conditions imposed, for a
 5525  probationer or community controllee who is subject to
 5526  supervision for a crime that was committed on or after May 26,
 5527  2010, and who has been convicted at any time of committing, or
 5528  attempting, soliciting, or conspiring to commit, any of the
 5529  criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a
 5530  similar offense in another jurisdiction, against a victim who
 5531  was under the age of 18 at the time of the offense; if the
 5532  offender has not received a pardon for any felony or similar law
 5533  of another jurisdiction necessary for the operation of this
 5534  subsection, if a conviction of a felony or similar law of
 5535  another jurisdiction necessary for the operation of this
 5536  subsection has not been set aside in any postconviction
 5537  proceeding, or if the offender has not been removed from the
 5538  requirement to register as a sexual offender or sexual predator
 5539  pursuant to s. 943.04354, the court must impose the following
 5540  conditions:
 5541         (a) A prohibition on visiting schools, child care
 5542  facilities, parks, and playgrounds, without prior approval from
 5543  the offender’s supervising officer. The court may also designate
 5544  additional locations to protect a victim. The prohibition
 5545  ordered under this paragraph does not prohibit the offender from
 5546  visiting a school, child care facility, park, or playground for
 5547  the sole purpose of attending a religious service as defined in
 5548  s. 775.0861 or picking up or dropping off the offender’s
 5549  children or grandchildren at a child care facility or school.
 5550         (b) A prohibition on distributing candy or other items to
 5551  children on Halloween; wearing a Santa Claus costume, or other
 5552  costume to appeal to children, on or preceding Christmas;
 5553  wearing an Easter Bunny costume, or other costume to appeal to
 5554  children, on or preceding Easter; entertaining at children’s
 5555  parties; or wearing a clown costume; without prior approval from
 5556  the court.
 5557         Section 123. For the purpose of incorporating the
 5558  amendments made by this act to sections 775.21, 943.0435,
 5559  944.606, and 944.607, Florida Statutes, in references thereto,
 5560  section 948.31, Florida Statutes, is reenacted to read:
 5561         948.31 Evaluation and treatment of sexual predators and
 5562  offenders on probation or community control.—The court may
 5563  require any probationer or community controllee who is required
 5564  to register as a sexual predator under s. 775.21 or sexual
 5565  offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
 5566  an evaluation, at the probationer or community controllee’s
 5567  expense, by a qualified practitioner to determine whether such
 5568  probationer or community controllee needs sexual offender
 5569  treatment. If the qualified practitioner determines that sexual
 5570  offender treatment is needed and recommends treatment, the
 5571  probationer or community controllee must successfully complete
 5572  and pay for the treatment. Such treatment must be obtained from
 5573  a qualified practitioner as defined in s. 948.001. Treatment may
 5574  not be administered by a qualified practitioner who has been
 5575  convicted or adjudicated delinquent of committing, or
 5576  attempting, soliciting, or conspiring to commit, any offense
 5577  that is listed in s. 943.0435(1)(h)1.a.(I).
 5578         Section 124. For the purpose of incorporating the amendment
 5579  made by this act to section 775.0877, Florida Statutes, in a
 5580  reference thereto, section 951.27, Florida Statutes, is
 5581  reenacted to read:
 5582         951.27 Blood tests of inmates.—
 5583         (1) Each county and each municipal detention facility shall
 5584  have a written procedure developed, in consultation with the
 5585  facility medical provider, establishing conditions under which
 5586  an inmate will be tested for infectious disease, including human
 5587  immunodeficiency virus pursuant to s. 775.0877, which procedure
 5588  is consistent with guidelines of the Centers for Disease Control
 5589  and Prevention and recommendations of the Correctional Medical
 5590  Authority. It is not unlawful for the person receiving the test
 5591  results to divulge the test results to the sheriff or chief
 5592  correctional officer.
 5593         (2) Except as otherwise provided in this subsection,
 5594  serologic blood test results obtained pursuant to subsection (1)
 5595  are confidential and exempt from the provisions of s. 119.07(1)
 5596  and s. 24(a), Art. I of the State Constitution. However, such
 5597  results may be provided to employees or officers of the sheriff
 5598  or chief correctional officer who are responsible for the
 5599  custody and care of the affected inmate and have a need to know
 5600  such information, and as provided in ss. 775.0877 and 960.003.
 5601  In addition, upon request of the victim or the victim’s legal
 5602  guardian, or the parent or legal guardian of the victim if the
 5603  victim is a minor, the results of any HIV test performed on an
 5604  inmate who has been arrested for any sexual offense involving
 5605  oral, anal, or vaginal penetration by, or union with, the sexual
 5606  organ of another, shall be disclosed to the victim or the
 5607  victim’s legal guardian, or to the parent or legal guardian of
 5608  the victim if the victim is a minor. In such cases, the county
 5609  or municipal detention facility shall furnish the test results
 5610  to the Department of Health, which is responsible for disclosing
 5611  the results to public health agencies as provided in s. 775.0877
 5612  and to the victim or the victim’s legal guardian, or the parent
 5613  or legal guardian of the victim if the victim is a minor, as
 5614  provided in s. 960.003(3).
 5615         (3) The results of any serologic blood test on an inmate
 5616  are a part of that inmate’s permanent medical file. Upon
 5617  transfer of the inmate to any other correctional facility, such
 5618  file is also transferred, and all relevant authorized persons
 5619  must be notified of positive HIV test results, as required in s.
 5620  775.0877.
 5621         Section 125. For the purpose of incorporating the amendment
 5622  made by this act to section 775.0877, Florida Statutes, in
 5623  references thereto, paragraphs (a) and (b) of subsection (2) and
 5624  paragraph (a) of subsection (3) of section 960.003, Florida
 5625  Statutes, are reenacted to read:
 5626         960.003 Hepatitis and HIV testing for persons charged with
 5627  or alleged by petition for delinquency to have committed certain
 5628  offenses; disclosure of results to victims.—
 5629         (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
 5630  FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.—
 5631         (a) In any case in which a person has been charged by
 5632  information or indictment with or alleged by petition for
 5633  delinquency to have committed any offense enumerated in s.
 5634  775.0877(1)(a)-(n), which involves the transmission of body
 5635  fluids from one person to another, upon request of the victim or
 5636  the victim’s legal guardian, or of the parent or legal guardian
 5637  of the victim if the victim is a minor, the court shall order
 5638  such person to undergo hepatitis and HIV testing within 48 hours
 5639  after the information, indictment, or petition for delinquency
 5640  is filed. In the event the victim or, if the victim is a minor,
 5641  the victim’s parent or legal guardian requests hepatitis and HIV
 5642  testing after 48 hours have elapsed from the filing of the
 5643  indictment, information, or petition for delinquency, the
 5644  testing shall be done within 48 hours after the request.
 5645         (b) However, when a victim of any sexual offense enumerated
 5646  in s. 775.0877(1)(a)-(n) is under the age of 18 at the time the
 5647  offense was committed or when a victim of any sexual offense
 5648  enumerated in s. 775.0877(1)(a)-(n) or s. 825.1025 is a disabled
 5649  adult or elderly person as defined in s. 825.1025 regardless of
 5650  whether the offense involves the transmission of bodily fluids
 5651  from one person to another, then upon the request of the victim
 5652  or the victim’s legal guardian, or of the parent or legal
 5653  guardian, the court shall order such person to undergo hepatitis
 5654  and HIV testing within 48 hours after the information,
 5655  indictment, or petition for delinquency is filed. In the event
 5656  the victim or, if the victim is a minor, the victim’s parent or
 5657  legal guardian requests hepatitis and HIV testing after 48 hours
 5658  have elapsed from the filing of the indictment, information, or
 5659  petition for delinquency, the testing shall be done within 48
 5660  hours after the request. The testing shall be performed under
 5661  the direction of the Department of Health in accordance with s.
 5662  381.004. The results of a hepatitis and HIV test performed on a
 5663  defendant or juvenile offender pursuant to this subsection shall
 5664  not be admissible in any criminal or juvenile proceeding arising
 5665  out of the alleged offense.
 5666         (3) DISCLOSURE OF RESULTS.—
 5667         (a) The results of the test shall be disclosed no later
 5668  than 2 weeks after the court receives such results, under the
 5669  direction of the Department of Health, to the person charged
 5670  with or alleged by petition for delinquency to have committed or
 5671  to the person convicted of or adjudicated delinquent for any
 5672  offense enumerated in s. 775.0877(1)(a)-(n), which involves the
 5673  transmission of body fluids from one person to another, and,
 5674  upon request, to the victim or the victim’s legal guardian, or
 5675  the parent or legal guardian of the victim if the victim is a
 5676  minor, and to public health agencies pursuant to s. 775.0877. If
 5677  the alleged offender is a juvenile, the test results shall also
 5678  be disclosed to the parent or guardian. When the victim is a
 5679  victim as described in paragraph (2)(b), the test results must
 5680  also be disclosed no later than 2 weeks after the court receives
 5681  such results, to the person charged with or alleged by petition
 5682  for delinquency to have committed or to the person convicted of
 5683  or adjudicated delinquent for any offense enumerated in s.
 5684  775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
 5685  offense involves the transmission of bodily fluids from one
 5686  person to another, and, upon request, to the victim or the
 5687  victim’s legal guardian, or the parent or legal guardian of the
 5688  victim, and to public health agencies pursuant to s. 775.0877.
 5689  Otherwise, hepatitis and HIV test results obtained pursuant to
 5690  this section are confidential and exempt from the provisions of
 5691  s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
 5692  shall not be disclosed to any other person except as expressly
 5693  authorized by law or court order.
 5694         Section 126. For the purpose of incorporating the amendment
 5695  made by this act to section 39.01, Florida Statutes, in a
 5696  reference thereto, subsection (5) of section 960.065, Florida
 5697  Statutes, is reenacted to read:
 5698         960.065 Eligibility for awards.—
 5699         (5) A person is not ineligible for an award pursuant to
 5700  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 5701  person is a victim of sexual exploitation of a child as defined
 5702  in s. 39.01(71)(g).
 5703         Section 127. For the purpose of incorporating the amendment
 5704  made by this act to section 39.01, Florida Statutes, in a
 5705  reference thereto, subsection (2) of section 984.03, Florida
 5706  Statutes, is reenacted to read:
 5707         984.03 Definitions.—When used in this chapter, the term:
 5708         (2) “Abuse” means any willful act that results in any
 5709  physical, mental, or sexual injury that causes or is likely to
 5710  cause the child’s physical, mental, or emotional health to be
 5711  significantly impaired. Corporal discipline of a child by a
 5712  parent or guardian for disciplinary purposes does not in itself
 5713  constitute abuse when it does not result in harm to the child as
 5714  defined in s. 39.01.
 5715         Section 128. For the purpose of incorporating the amendment
 5716  made by this act to section 985.475, Florida Statutes, in a
 5717  reference thereto, paragraph (c) of subsection (5) of section
 5718  985.0301, Florida Statutes, is reenacted to read:
 5719         985.0301 Jurisdiction.—
 5720         (5)
 5721         (c) The court shall retain jurisdiction over a juvenile
 5722  sexual offender, as defined in s. 985.475, who has been placed
 5723  on community-based treatment alternative with supervision or who
 5724  has been placed in a program or facility for juvenile sexual
 5725  offenders, pursuant to s. 985.48, until the juvenile sexual
 5726  offender reaches 21 years of age, specifically for the purpose
 5727  of allowing the juvenile to complete the program.
 5728         Section 129. For the purpose of incorporating the
 5729  amendments made by this act to sections 775.21, 943.0435,
 5730  944.606, and 944.607, Florida Statutes, in references thereto,
 5731  paragraph (b) of subsection (6) of section 985.04, Florida
 5732  Statutes, is reenacted to read:
 5733         985.04 Oaths; records; confidential information.—
 5734         (6)
 5735         (b) Sexual offender and predator registration information
 5736  as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
 5737  and 985.4815 is a public record pursuant to s. 119.07(1) and as
 5738  otherwise provided by law.
 5739         Section 130. For the purpose of incorporating the amendment
 5740  made by this act to section 985.475, Florida Statutes, in a
 5741  reference thereto, paragraph (c) of subsection (1) of section
 5742  985.441, Florida Statutes, is reenacted to read:
 5743         985.441 Commitment.—
 5744         (1) The court that has jurisdiction of an adjudicated
 5745  delinquent child may, by an order stating the facts upon which a
 5746  determination of a sanction and rehabilitative program was made
 5747  at the disposition hearing:
 5748         (c) Commit the child to the department for placement in a
 5749  program or facility for juvenile sexual offenders in accordance
 5750  with s. 985.48, subject to specific appropriation for such a
 5751  program or facility.
 5752         1. The child may only be committed for such placement
 5753  pursuant to determination that the child is a juvenile sexual
 5754  offender under the criteria specified in s. 985.475.
 5755         2. Any commitment of a juvenile sexual offender to a
 5756  program or facility for juvenile sexual offenders must be for an
 5757  indeterminate period of time, but the time may not exceed the
 5758  maximum term of imprisonment that an adult may serve for the
 5759  same offense.
 5760         Section 131. For the purpose of incorporating the
 5761  amendments made by this act to sections 775.21 and 943.0435,
 5762  Florida Statutes, in references thereto, subsection (9) of
 5763  section 985.4815, Florida Statutes, is reenacted to read:
 5764         985.4815 Notification to Department of Law Enforcement of
 5765  information on juvenile sexual offenders.—
 5766         (9) A sexual offender, as described in this section, who is
 5767  under the care, jurisdiction, or supervision of the department
 5768  but who is not incarcerated shall, in addition to the
 5769  registration requirements provided in subsection (4), register
 5770  in the manner provided in s. 943.0435(3), (4), and (5), unless
 5771  the sexual offender is a sexual predator, in which case he or
 5772  she shall register as required under s. 775.21. A sexual
 5773  offender who fails to comply with the requirements of s.
 5774  943.0435 is subject to the penalties provided in s. 943.0435(9).
 5775         Section 132. For the purpose of incorporating the amendment
 5776  made by this act to section 943.0435, Florida Statutes, in a
 5777  reference thereto, paragraph (g) of subsection (2) of section
 5778  1012.467, Florida Statutes, is reenacted to read:
 5779         1012.467 Noninstructional contractors who are permitted
 5780  access to school grounds when students are present; background
 5781  screening requirements.—
 5782         (2)
 5783         (g) A noninstructional contractor for whom a criminal
 5784  history check is required under this section may not have been
 5785  convicted of any of the following offenses designated in the
 5786  Florida Statutes, any similar offense in another jurisdiction,
 5787  or any similar offense committed in this state which has been
 5788  redesignated from a former provision of the Florida Statutes to
 5789  one of the following offenses:
 5790         1. Any offense listed in s. 943.0435(1)(h)1., relating to
 5791  the registration of an individual as a sexual offender.
 5792         2. Section 393.135, relating to sexual misconduct with
 5793  certain developmentally disabled clients and the reporting of
 5794  such sexual misconduct.
 5795         3. Section 394.4593, relating to sexual misconduct with
 5796  certain mental health patients and the reporting of such sexual
 5797  misconduct.
 5798         4. Section 775.30, relating to terrorism.
 5799         5. Section 782.04, relating to murder.
 5800         6. Section 787.01, relating to kidnapping.
 5801         7. Any offense under chapter 800, relating to lewdness and
 5802  indecent exposure.
 5803         8. Section 826.04, relating to incest.
 5804         9. Section 827.03, relating to child abuse, aggravated
 5805  child abuse, or neglect of a child.
 5806         Section 133. This act shall take effect October 1, 2018.