Florida Senate - 2019 SENATOR AMENDMENT
Bill No. CS for HB 7125

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LEGISLATIVE ACTION
Senate . House
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Senator Brandes moved the following:

1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Effective July 1, 2019, paragraph (c) is added
6 to subsection (4) and paragraph (e) is added to subsection (5)
7 of section 16.555, Florida Statutes, to read:
8 16.555 Crime Stoppers Trust Fund; rulemaking.—
9 (4)
10 (c) After an initial distribution of funds to the judicial
11 circuit in which they were collected, up to 50 percent of the
12 unencumbered funds returned to the Crime Stoppers Trust Fund
13 from that circuit from a previous grant year, may, in subsequent
14 grant years, be reallocated to other judicial circuits for
15 special crime stoppers initiatives or other programs of the
16 Florida Association of Crime Stoppers, as prioritized and
17 determined by the department and the Florida Association of
18 Crime Stoppers.
19 (5)
20 (e) A county that is awarded a grant under this section may
21 use such funds to pay rewards for tips that result in any of the
22 following:
23 1. An arrest.
24 2. The recovery of stolen property.
25 3. The recovery of illegal narcotics.
26 4. The recovery of the body of a homicide victim.
27 5. The recovery of a human trafficking victim or a missing
28 person connected to criminal activity.
29 6. The recovery of an illegal firearm or an illegal weapon
30 on a K-12 school campus.
31 7. The prevention of a terrorist act.
32 8. The solving and closing of a criminal case involving a
33 homicide or other violent felony offense that remains unsolved
34 for 1 year or more after being reported to a law enforcement
35 agency and that has no viable and unexplored investigatory
36 leads.
37 Section 2. Section 16.557, Florida Statutes, is created to
38 read:
39 16.557 Crime stoppers organizations; disclosure of
40 privileged communications or protected information.—
41 (1) As used in this section, the term:
42 (a) “Crime stoppers organization” means a private not-for
43 profit organization that collects and expends donations for
44 rewards to persons who report to the organization information
45 concerning criminal activity, and forwards that information to
46 appropriate law enforcement agencies.
47 (b) “Privileged communication” means the act of providing
48 information to a crime stoppers organization for the purpose of
49 reporting alleged criminal activity.
50 (c) “Protected information” includes the identity of a
51 person who engages in privileged communication with a crime
52 stoppers organization and any records, recordings, oral or
53 written statements, papers, documents, or other tangible items
54 provided to or collected by a crime stoppers organization, a law
55 enforcement crime stoppers coordinator or his or her staff, or a
56 law enforcement agency in connection with such privileged
57 communication.
58 (2)(a) Except pursuant to criminal discovery or as provided
59 in paragraph (b), a person who discloses a privileged
60 communication or protected information or any information
61 concerning a privileged communication or protected information
62 commits a felony of the third degree, punishable as provided in
63 s. 775.082, s. 775.083, or s. 775.084.
64 (b) This subsection does not apply to:
65 1. The person who provides the privileged communication or
66 protected information; or
67 2. A law enforcement officer or an employee of a law
68 enforcement agency or the Department of Legal Affairs when he or
69 she is acting within the scope of his or her official duties.
70 (c) This subsection does not limit the right of any
71 criminal defendant to criminal discovery.
72 Section 3. Effective July 1, 2019, section 25.025, Florida
73 Statutes, is created to read:
74 25.025 Headquarters.—
75 (1)(a) A Supreme Court justice who permanently resides
76 outside Leon County shall, if he or she so requests, have a
77 district court of appeal courthouse, a county courthouse, or
78 another appropriate facility in his or her district of residence
79 designated as his or her official headquarters pursuant to s.
80 112.061. This official headquarters may serve only as the
81 justice’s private chambers.
82 (b) A justice for whom an official headquarters is
83 designated in his or her district of residence under this
84 subsection is eligible for subsistence at a rate to be
85 established by the Chief Justice for each day or partial day
86 that the justice is at the Supreme Court Building for the
87 conduct of the business of the court. In addition to the
88 subsistence allowance, a justice is eligible for reimbursement
89 for transportation expenses as provided in s. 112.061(7) for
90 travel between the justice’s official headquarters and the
91 Supreme Court Building for the conduct of the business of the
92 court.
93 (c) Payment of subsistence and reimbursement for
94 transportation expenses relating to travel between a justice’s
95 official headquarters and the Supreme Court Building must be
96 made to the extent that appropriated funds are available, as
97 determined by the Chief Justice.
98 (2) The Chief Justice shall coordinate with each affected
99 justice and other state and local officials as necessary to
100 implement paragraph (1)(a).
101 (3)(a) This section does not require a county to provide
102 space in a county courthouse for a justice. A county may enter
103 into an agreement with the Supreme Court governing the use of
104 space in a county courthouse.
105 (b) The Supreme Court may not use state funds to lease
106 space in a district court of appeal courthouse, county
107 courthouse, or other facility to allow a justice to establish an
108 official headquarters pursuant to subsection (1).
109 Section 4. Section 43.51, Florida Statutes, is created to
110 read:
111 43.51 Problem-solving court reports.—
112 (1) The Office of the State Courts Administrator shall
113 provide an annual report to the President of the Senate and the
114 Speaker of the House of Representatives which details the number
115 of participants in each problem-solving court for each fiscal
116 year the court has been operating and the types of services
117 provided, identifies each source of funding for each court
118 during each fiscal year, and provides information on the
119 performance of each court based upon outcome measures
120 established by the courts.
121 (2) For purposes of this section, the term “problem-solving
122 court” includes, but is not limited to, a drug court pursuant to
123 s. 397.334, s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s.
124 948.20; a military veterans’ and servicemembers’ court pursuant
125 to s. 394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental
126 health court program pursuant to s. 394.47892, s. 948.01, s.
127 948.06, s. 948.08, or s. 948.16; a community court pursuant to
128 s. 948.081; or a delinquency pretrial intervention court program
129 pursuant to s. 985.345.
130 Section 5. Subsection (8) is added to section 57.105,
131 Florida Statutes, to read:
132 57.105 Attorney’s fee; sanctions for raising unsupported
133 claims or defenses; exceptions; service of motions; damages for
134 delay of litigation.—
135 (8) Attorney fees may not be awarded under this section in
136 proceedings for an injunction for protection pursuant to s.
137 741.30, s. 784.046, or s. 784.0485, unless the court finds by
138 clear and convincing evidence that the petitioner knowingly made
139 a false statement or allegation in the petition with regard to a
140 material matter as defined in s. 837.011(3).
141 Section 6. Paragraph (c) of subsection (1) of section
142 61.13016, Florida Statutes, is amended to read:
143 61.13016 Suspension of driver licenses and motor vehicle
144 registrations.—
145 (1) The driver license and motor vehicle registration of a
146 support obligor who is delinquent in payment or who has failed
147 to comply with subpoenas or a similar order to appear or show
148 cause relating to paternity or support proceedings may be
149 suspended. When an obligor is 15 days delinquent making a
150 payment in support or failure to comply with a subpoena, order
151 to appear, order to show cause, or similar order in IV-D cases,
152 the Title IV-D agency may provide notice to the obligor of the
153 delinquency or failure to comply with a subpoena, order to
154 appear, order to show cause, or similar order and the intent to
155 suspend by regular United States mail that is posted to the
156 obligor’s last address of record with the Department of Highway
157 Safety and Motor Vehicles. When an obligor is 15 days delinquent
158 in making a payment in support in non-IV-D cases, and upon the
159 request of the obligee, the depository or the clerk of the court
160 must provide notice to the obligor of the delinquency and the
161 intent to suspend by regular United States mail that is posted
162 to the obligor’s last address of record with the Department of
163 Highway Safety and Motor Vehicles. In either case, the notice
164 must state:
165 (c) That notification will be given to the Department of
166 Highway Safety and Motor Vehicles to suspend the obligor’s
167 driver license and motor vehicle registration unless, within 20
168 days after the date that the notice is mailed, the obligor:
169 1.a. Pays the delinquency in full and any other costs and
170 fees accrued between the date of the notice and the date the
171 delinquency is paid;
172 b. Enters into a written agreement for payment with the
173 obligee in non-IV-D cases or with the Title IV-D agency in IV-D
174 cases; or in IV-D cases, complies with a subpoena or order to
175 appear, order to show cause, or a similar order, which may
176 include a reasonable period of payment deferral to accommodate
177 an obligor’s good faith job-seeking efforts;
178 c. Files a petition with the circuit court to contest the
179 delinquency action;
180 d. Demonstrates that he or she receives reemployment
181 assistance or unemployment compensation pursuant to chapter 443;
182 e. Demonstrates that he or she is disabled and incapable of
183 self-support or that he or she receives benefits under the
184 federal Supplemental Security Income program or Social Security
185 Disability Insurance program;
186 f. Demonstrates that he or she receives temporary cash
187 assistance pursuant to chapter 414; or
188 g. Demonstrates that he or she is making payments in
189 accordance with a confirmed bankruptcy plan under chapter 11,
190 chapter 12, or chapter 13 of the United States Bankruptcy Code,
191 11 U.S.C. ss. 101 et seq.; and
192 2. Pays any applicable delinquency fees.
193
194 If an obligor in a non-IV-D case enters into a written agreement
195 for payment before the expiration of the 20-day period, the
196 obligor must provide a copy of the signed written agreement to
197 the depository or the clerk of the court. If an obligor seeks to
198 satisfy sub-subparagraph 1.d., sub-subparagraph 1.e., sub
199 subparagraph 1.f., or sub-subparagraph 1.g. before expiration of
200 the 20-day period, the obligor must provide the applicable
201 documentation or proof to the depository or the clerk of the
202 court.
203 Section 7. Subsection (2) of section 212.15, Florida
204 Statutes, is amended to read:
205 212.15 Taxes declared state funds; penalties for failure to
206 remit taxes; due and delinquent dates; judicial review.—
207 (2) Any person who, with intent to unlawfully deprive or
208 defraud the state of its moneys or the use or benefit thereof,
209 fails to remit taxes collected under this chapter commits is
210 guilty of theft of state funds, punishable as follows:
211 (a) If the total amount of stolen revenue is less than
212 $1,000 $300, the offense is a misdemeanor of the second degree,
213 punishable as provided in s. 775.082 or s. 775.083. Upon a
214 second conviction, the offender commits is guilty of a
215 misdemeanor of the first degree, punishable as provided in s.
216 775.082 or s. 775.083. Upon a third or subsequent conviction,
217 the offender commits is guilty of a felony of the third degree,
218 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
219 (b) If the total amount of stolen revenue is $1,000 $300 or
220 more, but less than $20,000, the offense is a felony of the
221 third degree, punishable as provided in s. 775.082, s. 775.083,
222 or s. 775.084.
223 (c) If the total amount of stolen revenue is $20,000 or
224 more, but less than $100,000, the offense is a felony of the
225 second degree, punishable as provided in s. 775.082, s. 775.083,
226 or s. 775.084.
227 (d) If the total amount of stolen revenue is $100,000 or
228 more, the offense is a felony of the first degree, punishable as
229 provided in s. 775.082, s. 775.083, or s. 775.084.
230 Section 8. Subsection (3) of section 287.095, Florida
231 Statutes, is amended to read:
232 287.095 Department of Corrections; prison industry
233 programs.—
234 (3) All products offered for purchase to a state agency by
235 the corporation organized under chapter 946 shall be produced in
236 majority part by inmate labor, except for products not made by
237 inmates which products are contractually allied to products made
238 by inmates which are offered by the corporation, provided the
239 value of the products not made by inmates do not exceed 2
240 percent of the total sales of the corporation in any year.
241 Section 9. Present subsections (41) through (46) of section
242 322.01, Florida Statutes, are redesignated as subsections (42)
243 through (47), respectively, and a new subsection (41) is added
244 to that section, to read:
245 322.01 Definitions.—As used in this chapter:
246 (41) “Suspension or revocation equivalent status” is a
247 designation for a person who does not have a driver license or
248 driving privilege but would qualify for suspension or revocation
249 of his or her driver license or driving privilege if licensed.
250 The department may designate a person as having suspension or
251 revocation equivalent status in the same manner as it is
252 authorized to suspend or revoke a driver license or driving
253 privilege by law.
254 Section 10. Subsections (1) through (4) of section 322.055,
255 Florida Statutes, are amended to read:
256 322.055 Revocation or suspension of, or delay of
257 eligibility for, driver license for persons 18 years of age or
258 older convicted of certain drug offenses.—
259 (1) Notwithstanding s. 322.28, upon the conviction of a
260 person 18 years of age or older for possession or sale of,
261 trafficking in, or conspiracy to possess, sell, or traffic in a
262 controlled substance, the court shall direct the department to
263 suspend revoke the person’s driver license or driving privilege
264 of the person. The suspension period of such revocation shall be
265 6 months 1 year or until the person is evaluated for and, if
266 deemed necessary by the evaluating agency, completes a drug
267 treatment and rehabilitation program approved or regulated by
268 the Department of Children and Families. However, the court may,
269 upon finding a compelling circumstance to warrant an exception
270 in its sound discretion, direct the department to issue a
271 license for driving privilege restricted to business or
272 employment purposes only, as defined by s. 322.271, if the
273 person is otherwise qualified for such a license. A driver whose
274 license or driving privilege has been suspended or revoked under
275 this section or s. 322.056 may, upon the expiration of 6 months,
276 petition the department for restoration of the driving privilege
277 on a restricted or unrestricted basis depending on length of
278 suspension or revocation. In no case shall a restricted license
279 be available until 6 months of the suspension or revocation
280 period has expired.
281 (2) If a person 18 years of age or older is convicted for
282 the possession or sale of, trafficking in, or conspiracy to
283 possess, sell, or traffic in a controlled substance and such
284 person is eligible by reason of age for a driver license or
285 privilege, the court shall direct the department to withhold
286 issuance of such person’s driver license or driving privilege
287 for a period of 6 months 1 year after the date the person was
288 convicted or until the person is evaluated for and, if deemed
289 necessary by the evaluating agency, completes a drug treatment
290 and rehabilitation program approved or regulated by the
291 Department of Children and Families. However, the court may,
292 upon finding a compelling circumstance to warrant an exception
293 in its sound discretion, direct the department to issue a
294 license for driving privilege restricted to business or
295 employment purposes only, as defined by s. 322.271, if the
296 person is otherwise qualified for such a license. A driver whose
297 license or driving privilege has been suspended or revoked under
298 this section or s. 322.056 may, upon the expiration of 6 months,
299 petition the department for restoration of the driving privilege
300 on a restricted or unrestricted basis depending on the length of
301 suspension or revocation. In no case shall a restricted license
302 be available until 6 months of the suspension or revocation
303 period has expired.
304 (3) If a person 18 years of age or older is convicted for
305 the possession or sale of, trafficking in, or conspiracy to
306 possess, sell, or traffic in a controlled substance and such
307 person’s driver license or driving privilege is already under
308 suspension or revocation for any reason, the court shall direct
309 the department to extend the period of such suspension or
310 revocation by an additional period of 6 months 1 year or until
311 the person is evaluated for and, if deemed necessary by the
312 evaluating agency, completes a drug treatment and rehabilitation
313 program approved or regulated by the Department of Children and
314 Families. However, the court may, upon finding a compelling
315 circumstance to warrant an exception in its sound discretion,
316 direct the department to issue a license for driving privilege
317 restricted to business or employment purposes only, as defined
318 by s. 322.271, if the person is otherwise qualified for such a
319 license. A driver whose license or driving privilege has been
320 suspended or revoked under this section or s. 322.056 may, upon
321 the expiration of 6 months, petition the department for
322 restoration of the driving privilege on a restricted or
323 unrestricted basis depending on the length of suspension or
324 revocation. In no case shall a restricted license be available
325 until 6 months of the suspension or revocation period has
326 expired.
327 (4) If a person 18 years of age or older is convicted for
328 the possession or sale of, trafficking in, or conspiracy to
329 possess, sell, or traffic in a controlled substance and such
330 person is ineligible by reason of age for a driver license or
331 driving privilege, the court shall direct the department to
332 withhold issuance of such person’s driver license or driving
333 privilege for a period of 6 months 1 year after the date that he
334 or she would otherwise have become eligible or until he or she
335 becomes eligible by reason of age for a driver license and is
336 evaluated for and, if deemed necessary by the evaluating agency,
337 completes a drug treatment and rehabilitation program approved
338 or regulated by the Department of Children and Families.
339 However, the court may, upon finding a compelling circumstance
340 to warrant an exception in its sound discretion, direct the
341 department to issue a license for driving privilege restricted
342 to business or employment purposes only, as defined by s.
343 322.271, if the person is otherwise qualified for such a
344 license. A driver whose license or driving privilege has been
345 suspended or revoked under this section or s. 322.056 may, upon
346 the expiration of 6 months, petition the department for
347 restoration of the driving privilege on a restricted or
348 unrestricted basis depending on the length of suspension or
349 revocation. In no case shall a restricted license be available
350 until 6 months of the suspension or revocation period has
351 expired.
352 Section 11. Section 322.056, Florida Statutes, is amended
353 to read:
354 322.056 Mandatory revocation or suspension of, or delay of
355 eligibility for, driver license for persons under age 18 found
356 guilty of certain alcohol, drug, or tobacco offenses;
357 prohibition.—
358 (1) Notwithstanding the provisions of s. 322.055, if a
359 person under 18 years of age is found guilty of or delinquent
360 for a violation of s. 562.11(2), s. 562.111, or chapter 893,
361 and:
362 (a) The person is eligible by reason of age for a driver
363 license or driving privilege, the court shall direct the
364 department to revoke or to withhold issuance of his or her
365 driver license or driving privilege for a period of 6 months:
366 1. Not less than 6 months and not more than 1 year for the
367 first violation.
368 2. Two years, for a subsequent violation.
369 (b) The person’s driver license or driving privilege is
370 under suspension or revocation for any reason, the court shall
371 direct the department to extend the period of suspension or
372 revocation by an additional period of 6 months:
373 1. Not less than 6 months and not more than 1 year for the
374 first violation.
375 2. Two years, for a subsequent violation.
376 (c) The person is ineligible by reason of age for a driver
377 license or driving privilege, the court shall direct the
378 department to withhold issuance of his or her driver license or
379 driving privilege for a period of:
380 1. Not less than 6 months and not more than 1 year after
381 the date on which he or she would otherwise have become
382 eligible, for the first violation.
383 2. Two years after the date on which he or she would
384 otherwise have become eligible, for a subsequent violation.
385
386 However, the court may, upon finding a compelling circumstance
387 to warrant an exception in its sound discretion, direct the
388 department to issue a license for driving privileges restricted
389 to business or employment purposes only, as defined in s.
390 322.271, if the person is otherwise qualified for such a
391 license.
392 (2) If a person under 18 years of age is found by the court
393 to have committed a noncriminal violation under s. 569.11 or s.
394 877.112(6) or (7) and that person has failed to comply with the
395 procedures established in that section by failing to fulfill
396 community service requirements, failing to pay the applicable
397 fine, or failing to attend a locally available school-approved
398 anti-tobacco program, and:
399 (a) The person is eligible by reason of age for a driver
400 license or driving privilege, the court shall direct the
401 department to revoke or to withhold issuance of his or her
402 driver license or driving privilege as follows:
403 1. For the first violation, for 30 days.
404 2. For the second violation within 12 weeks of the first
405 violation, for 45 days.
406 (b) The person’s driver license or driving privilege is
407 under suspension or revocation for any reason, the court shall
408 direct the department to extend the period of suspension or
409 revocation by an additional period as follows:
410 1. For the first violation, for 30 days.
411 2. For the second violation within 12 weeks of the first
412 violation, for 45 days.
413 (c) The person is ineligible by reason of age for a driver
414 license or driving privilege, the court shall direct the
415 department to withhold issuance of his or her driver license or
416 driving privilege as follows:
417 1. For the first violation, for 30 days.
418 2. For the second violation within 12 weeks of the first
419 violation, for 45 days.
420
421 Any second violation of s. 569.11 or s. 877.112(6) or (7) not
422 within the 12-week period after the first violation will be
423 treated as a first violation and in the same manner as provided
424 in this subsection.
425 (3) If a person under 18 years of age is found by the court
426 to have committed a third violation of s. 569.11 or s.
427 877.112(6) or (7) within 12 weeks of the first violation, the
428 court must direct the Department of Highway Safety and Motor
429 Vehicles to suspend or withhold issuance of his or her driver
430 license or driving privilege for 60 consecutive days. Any third
431 violation of s. 569.11 or s. 877.112(6) or (7) not within the
432 12-week period after the first violation will be treated as a
433 first violation and in the same manner as provided in subsection
434 (2).
435 (2)(4) A penalty imposed under this section shall be in
436 addition to any other penalty imposed by law.
437 (5) The suspension or revocation of a person’s driver
438 license imposed pursuant to subsection (2) or subsection (3),
439 shall not result in or be cause for an increase of the convicted
440 person’s, or his or her parent’s or legal guardian’s, automobile
441 insurance rate or premium or result in points assessed against
442 the person’s driving record.
443 Section 12. Section 322.057, Florida Statutes, is repealed.
444 Section 13. Subsections (2), (4), (7), paragraph (a) of
445 subsection (8), paragraph (a) of subsection (9), subsection
446 (10), and paragraph (a) of subsection (11) of section 322.34,
447 Florida Statutes, are amended to read:
448 322.34 Driving while license suspended, revoked, canceled,
449 or disqualified.—
450 (2) Any person whose driver license or driving privilege
451 has been canceled, suspended, or revoked as provided by law, or
452 who does not have a driver license or driving privilege but is
453 under suspension or revocation equivalent status as defined in
454 s. 322.01(41), except persons defined in s. 322.264, who,
455 knowing of such cancellation, suspension, or revocation, or
456 suspension or revocation equivalent status, drives any motor
457 vehicle upon the highways of this state while such license or
458 privilege is canceled, suspended, or revoked, or while under
459 suspension or revocation equivalent status, commits upon:
460 (a) A first conviction is guilty of a misdemeanor of the
461 second degree, punishable as provided in s. 775.082 or s.
462 775.083.
463 (b)1. A second conviction is guilty of a misdemeanor of the
464 first degree, punishable as provided in s. 775.082 or s.
465 775.083, upon a second or subsequent conviction, except as
466 provided in paragraph (c).
467 2. A person convicted of a third or subsequent conviction,
468 except as provided in paragraph (c), must serve a minimum of 10
469 days in jail.
470 (c) A third or subsequent conviction is guilty of a felony
471 of the third degree, punishable as provided in s. 775.082, s.
472 775.083, or s. 775.084, upon a third or subsequent conviction if
473 the current violation of this section or the most recent prior
474 violation of the section are related to driving while license
475 canceled, suspended, revoked, or suspension or revocation
476 equivalent status resulting from a violation of:
477 1. Driving under the influence;
478 2. Refusal to submit to a urine, breath-alcohol, or blood
479 alcohol test;
480 3. A traffic offense causing death or serious bodily
481 injury; or
482 4. Fleeing or eluding.
483
484 The element of knowledge is satisfied if the person has been
485 previously cited as provided in subsection (1); or the person
486 admits to knowledge of the cancellation, suspension, or
487 revocation, or suspension or revocation equivalent status; or
488 the person received notice as provided in subsection (4). There
489 shall be a rebuttable presumption that the knowledge requirement
490 is satisfied if a judgment or order as provided in subsection
491 (4) appears in the department’s records for any case except for
492 one involving a suspension by the department for failure to pay
493 a traffic fine or for a financial responsibility violation.
494 (4) Any judgment or order rendered by a court or
495 adjudicatory body or any uniform traffic citation that cancels,
496 suspends, or revokes a person’s driver license or places a
497 person under suspension or revocation equivalent status must
498 contain a provision notifying the person that his or her driver
499 license has been canceled, suspended, or revoked, or of such
500 suspension or revocation equivalent status.
501 (7) Any person whose driver license or driving privilege
502 has been canceled, suspended, revoked, or disqualified, or who
503 does not have a driver license or driving privilege but is under
504 suspension or revocation equivalent status, and who drives a
505 commercial motor vehicle on the highways of this state while
506 such license or privilege is canceled, suspended, revoked, or
507 disqualified, or while under suspension or revocation equivalent
508 status, upon:
509 (a) A first conviction is guilty of a misdemeanor of the
510 first degree, punishable as provided in s. 775.082 or s.
511 775.083.
512 (b) A second or subsequent conviction is guilty of a felony
513 of the third degree, punishable as provided in s. 775.082, s.
514 775.083, or s. 775.084.
515 (8)(a) Upon the arrest of a person for the offense of
516 driving while the person’s driver license or driving privilege
517 is suspended or revoked, the arresting officer shall determine:
518 1. Whether the person’s driver license is suspended or
519 revoked, or the person is under suspension or revocation
520 equivalent status.
521 2. Whether the person’s driver license has remained
522 suspended or revoked, or the person has been under suspension or
523 revocation equivalent status, since a conviction for the offense
524 of driving with a suspended or revoked license.
525 3. Whether the suspension, or revocation, or suspension or
526 revocation equivalent status was made under s. 316.646 or s.
527 627.733, relating to failure to maintain required security, or
528 under s. 322.264, relating to habitual traffic offenders.
529 4. Whether the driver is the registered owner or coowner of
530 the vehicle.
531 (9)(a) A motor vehicle that is driven by a person under the
532 influence of alcohol or drugs in violation of s. 316.193 is
533 subject to seizure and forfeiture under ss. 932.701-932.7062 and
534 is subject to liens for recovering, towing, or storing vehicles
535 under s. 713.78 if, at the time of the offense, the person’s
536 driver license is suspended, revoked, or canceled, or suspension
537 or revocation equivalent status was imposed, as a result of a
538 prior conviction for driving under the influence.
539 (10)(a) Notwithstanding any other provision of this
540 section, if a person does not have a prior forcible felony
541 conviction as defined in s. 776.08, the penalties provided in
542 paragraph (b) apply if a person’s driver license or driving
543 privilege is canceled, suspended, or revoked, or the person is
544 under suspension or revocation equivalent status, for:
545 1. Failing to pay child support as provided in s. 322.245
546 or s. 61.13016;
547 2. Failing to pay any other financial obligation as
548 provided in s. 322.245 other than those specified in s.
549 322.245(1);
550 3. Failing to comply with a civil penalty required in s.
551 318.15;
552 4. Failing to maintain vehicular financial responsibility
553 as required by chapter 324;
554 5. Failing to comply with attendance or other requirements
555 for minors as set forth in s. 322.091; or
556 6. Having been designated a habitual traffic offender under
557 s. 322.264(1)(d) as a result of suspensions of his or her driver
558 license or driver privilege for any underlying violation listed
559 in subparagraphs 1.-5.
560 (b)1. Upon a first conviction for knowingly driving while
561 his or her license is suspended, revoked, or canceled, or while
562 under suspension or revocation equivalent status, for any of the
563 underlying violations listed in subparagraphs (a)1.-6., a person
564 commits a misdemeanor of the second degree, punishable as
565 provided in s. 775.082 or s. 775.083.
566 2. Upon a second or subsequent conviction for the same
567 offense of knowingly driving while his or her license is
568 suspended, revoked, or canceled, or while under suspension or
569 revocation equivalent status, for any of the underlying
570 violations listed in subparagraphs (a)1.-6., a person commits a
571 misdemeanor of the first degree, punishable as provided in s.
572 775.082 or s. 775.083.
573 (11)(a) A person who does not hold a commercial driver
574 license and who is cited for an offense of knowingly driving
575 while his or her license is suspended, revoked, or canceled, or
576 while under suspension or revocation equivalent status, for any
577 of the underlying violations listed in paragraph (10)(a) may, in
578 lieu of payment of fine or court appearance, elect to enter a
579 plea of nolo contendere and provide proof of compliance to the
580 clerk of the court, designated official, or authorized operator
581 of a traffic violations bureau. In such case, adjudication shall
582 be withheld. However, no election shall be made under this
583 subsection if such person has made an election under this
584 subsection during the preceding 12 months. A person may not make
585 more than three elections under this subsection.
586 Section 14. Section 322.75, Florida Statutes, is created to
587 read:
588 322.75 Driver License Reinstatement Days.—
589 (1) Each clerk of court shall establish a Driver License
590 Reinstatement Days program for reinstating suspended driver
591 licenses. Participants may include, but are not limited to, the
592 Department of Highway Safety and Motor Vehicles, the state
593 attorney’s office, the public defender’s office, the circuit and
594 county courts, the clerk of court, and any interested community
595 organization.
596 (2) The clerk of court, in consultation with other
597 participants, shall select 1 or more days annually for an event
598 at which a person may have his or her driver license reinstated.
599 The clerk may work with the Florida Association of Court Clerks
600 and Comptrollers to promote such program, develop
601 communications, and coordinate the event. A person must pay the
602 full license reinstatement fee; however, the clerk may reduce or
603 waive other fees and costs, except those imposed by the court,
604 to facilitate reinstatement.
605 (3) The clerk of court is encouraged to schedule at least
606 one event on a weekend or with hours after 5 p.m. on a weekday.
607 (4)(a) A person is eligible for reinstatement under the
608 program if his or her license was suspended due to:
609 1. Driving without a valid driver license;
610 2. Driving with a suspended driver license;
611 3. Failing to make a payment on penalties in collection;
612 4. Failing to appear in court for a traffic violation; or
613 5. Failing to comply with any provision of chapter 318 or
614 this chapter.
615 (b) Notwithstanding paragraphs (5)(a)-(c), a person is
616 eligible for reinstatement under the program if the period of
617 suspension or revocation has elapsed, the person has completed
618 any required course or program as described in paragraph (5)(c),
619 and the person is otherwise eligible for reinstatement.
620 (5) A person is not eligible for reinstatement under the
621 program if his or her driver license is suspended or revoked due
622 to:
623 (a) The person’s failure to fulfill a court-ordered child
624 support obligation;
625 (b) A violation of s. 316.193;
626 (c) The person’s failure to complete a driver training
627 program, driver improvement course, or alcohol or substance
628 abuse education or evaluation program required under s. 316.192,
629 s. 316.193, s. 322.2616, s. 322.271, or s. 322.264;
630 (d) A traffic-related felony; or
631 (e) The person being designated as a habitual traffic
632 offender under s. 322.264.
633 (6) The clerk of court and the Department of Highway Safety
634 and Motor Vehicles shall verify any information necessary for
635 reinstatement of a driver license under the program.
636 (7) The clerk of court must collect and report to the
637 Florida Clerks of Court Operations Corporation all of the
638 following:
639 (a) Number of cases paid in full.
640 (b) Number of cases put on a payment plan.
641 (c) Number of driver license reinstatements.
642 (d) Number of driver licenses made eligible for
643 reinstatement.
644 (e) Amount of fees and costs collected, reported by the
645 entity receiving the funds. The Florida Clerks of Court
646 Operations Corporation must report the aggregate funds received
647 by the clerks of court, the local governmental entities, and
648 state entities, including the General Revenue Fund.
649 (f) The personnel, operating, security, and other
650 expenditures incurred by the clerk of court.
651 (g) The number of cases that fail to comply with a payment
652 plan and subsequently result in driver license suspension.
653 (8) The Florida Clerks of Court Operations Corporation
654 shall report the information collected in subsection (7) in its
655 annual report required by s. 28.35.
656 Section 15. Subsection (2) of section 394.917, Florida
657 Statutes, is amended to read:
658 394.917 Determination; commitment procedure; mistrials;
659 housing; counsel and costs in indigent appellate cases.—
660 (2) If the court or jury determines that the person is a
661 sexually violent predator, upon the expiration of the
662 incarcerative portion of all criminal sentences and disposition
663 of any detainers, the person shall be committed to the custody
664 of the Department of Children and Families for control, care,
665 and treatment, and rehabilitation of criminal offenders, until
666 such time as the person’s mental abnormality or personality
667 disorder has so changed that it is safe for the person to be at
668 large. At all times, persons who are detained or committed under
669 this part shall be kept in a secure facility segregated from
670 patients of the department who are not detained or committed
671 under this part.
672 Section 16. Subsection (2) of section 397.334, Florida
673 Statutes, is amended to read:
674 397.334 Treatment-based drug court programs.—
675 (2) Entry into any pretrial treatment-based drug court
676 program shall be voluntary. When neither s. 948.08(6)(c)1. nor
677 2. s. 948.08(6)(a)1. nor 2. applies, the court may order an
678 eligible individual to enter into a pretrial treatment-based
679 drug court program only upon written agreement by the
680 individual, which shall include a statement that the individual
681 understands the requirements of the program and the potential
682 sanctions for noncompliance.
683 Section 17. Present subsections (3) through (12) of section
684 455.213, Florida Statutes, are redesignated as subsections (4)
685 through (13), respectively, subsection (2) of that section is
686 amended, and a new subsection (3) is added to that section, to
687 read:
688 455.213 General licensing provisions.—
689 (2) Before the issuance of any license, the department may
690 charge an initial license fee as determined by rule of the
691 applicable board or, if no such board exists, by rule of the
692 department. Upon receipt of the appropriate license fee, except
693 as provided in subsection (4) (3), the department shall issue a
694 license to any person certified by the appropriate board, or its
695 designee, or the department when there is no board, as having
696 met the applicable requirements imposed by law or rule. However,
697 an applicant who is not otherwise qualified for licensure is not
698 entitled to licensure solely based on a passing score on a
699 required examination. Upon a determination by the department
700 that it erroneously issued a license, or upon the revocation of
701 a license by the applicable board, or by the department when
702 there is no board, the licensee must surrender his or her
703 license to the department.
704 (3)(a) Notwithstanding any other law, the applicable board
705 shall use the process in this subsection for review of an
706 applicant’s criminal record to determine his or her eligibility
707 for licensure as:
708 1. A barber under chapter 476;
709 2. A cosmetologist or cosmetology specialist under chapter
710 477;
711 3. Any of the following construction professions under
712 chapter 489:
713 a. Air-conditioning contractor;
714 b. Electrical contractor;
715 c. Mechanical contractor;
716 d. Plumbing contractor;
717 e. Pollutant storage systems contractor;
718 f. Roofing contractor;
719 g. Sheet metal contractor;
720 h. Solar contractor;
721 i. Swimming pool and spa contractor;
722 j. Underground utility and excavation contractor; or
723 k. Other specialty contractors; or
724 4. Any other profession for which the department issues a
725 license, provided the profession is offered in to inmates in any
726 correctional institution or correctional facility as vocational
727 training or through an industry certification program.
728 (b)1. A conviction, or any other adjudication, for a crime
729 more than 5 years before the date the application is received by
730 the applicable board may not be grounds for denial of a license
731 specified in paragraph (a). For purposes of this paragraph, the
732 term “conviction” means a determination of guilt that is the
733 result of a plea or trial, regardless of whether adjudication is
734 withheld. This paragraph does not limit the applicable board
735 from considering an applicant’s criminal history that includes a
736 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
737 only if such criminal history has been found to relate to the
738 practice of the applicable profession.
739 2. The applicable board may consider the criminal history
740 of an applicant for licensure under subparagraph (a)3. if such
741 criminal history has been found to relate to good moral
742 character.
743 (c)1. A person may apply for a license before his or her
744 lawful release from confinement or supervision. The department
745 may not charge an applicant an additional fee for being confined
746 or under supervision. The applicable board may not deny an
747 application for a license solely on the basis of the applicant’s
748 current confinement or supervision.
749 2. After a license application is approved, the applicable
750 board may stay the issuance of a license until the applicant is
751 lawfully released from confinement or supervision and the
752 applicant notifies the applicable board of such release. The
753 applicable board must verify the applicant’s release with the
754 Department of Corrections before it issues a license.
755 3. If an applicant is unable to appear in person due to his
756 or her confinement or supervision, the applicable board must
757 permit the applicant to appear by teleconference or video
758 conference, as appropriate, at any meeting of the applicable
759 board or other hearing by the agency concerning his or her
760 application.
761 4. If an applicant is confined or under supervision, the
762 Department of Corrections and the applicable board shall
763 cooperate and coordinate to facilitate the appearance of the
764 applicant at a board meeting or agency hearing in person, by
765 teleconference, or by video conference, as appropriate.
766 (d) Each applicable board shall compile a list of crimes
767 that, if committed and regardless of adjudication, do not relate
768 to the practice of the profession or the ability to practice the
769 profession and do not constitute grounds for denial of a
770 license. This list must be made available on the department’s
771 website and updated annually. Beginning October 1, 2019, each
772 applicable board shall compile a list of crimes that although
773 reported by an applicant for licensure, were not used as a basis
774 for denial. The list must identify for each such license
775 application the crime reported and the date of conviction and
776 whether there was a finding of guilt, a plea, or an adjudication
777 entered or the date of sentencing.
778 (e) Each applicable board shall compile a list of crimes
779 that have been used as a basis for denial of a license in the
780 past 2 years and shall make the list available on the
781 department’s website. Starting October 1, 2019, and updated
782 quarterly thereafter, the applicable board shall compile a list
783 indicating each crime used as a basis for denial. For each crime
784 listed, the applicable board must identify the date of
785 conviction, finding of guilt, plea, or adjudication entered, or
786 date of sentencing. Such denials must be made available to the
787 public upon request.
788 Section 18. Subsection (4) of section 474.2165, Florida
789 Statutes, is amended to read:
790 474.2165 Ownership and control of veterinary medical
791 patient records; report or copies of records to be furnished.—
792 (4) Except as otherwise provided in this section, such
793 records may not be furnished to, and the medical condition of a
794 patient may not be discussed with, any person other than the
795 client or the client’s legal representative or other
796 veterinarians involved in the care or treatment of the patient,
797 except upon written authorization of the client. However, such
798 records may be furnished without written authorization under the
799 following circumstances:
800 (a) To any person, firm, or corporation that has procured
801 or furnished such examination or treatment with the client’s
802 consent.
803 (b) In any civil or criminal action, unless otherwise
804 prohibited by law, upon the issuance of a subpoena from a court
805 of competent jurisdiction and proper notice to the client or the
806 client’s legal representative by the party seeking such records.
807 (c) For statistical and scientific research, provided the
808 information is abstracted in such a way as to protect the
809 identity of the patient and the client, or provided written
810 permission is received from the client or the client’s legal
811 representative.
812 (d) In any criminal action or situation where a
813 veterinarian suspects a criminal violation. If a criminal
814 violation is suspected, a veterinarian may, without notice to or
815 authorization from the client, report the violation to a law
816 enforcement officer, an animal control officer who is certified
817 pursuant to s. 828.27(4)(a), or an agent appointed under s.
818 828.03. However, if a suspected violation occurs at a commercial
819 food-producing animal operation on land classified as
820 agricultural under s. 193.461, the veterinarian must provide
821 notice to the client or the client’s legal representative before
822 reporting the suspected violation to an officer or agent under
823 this paragraph. The report may not include written medical
824 records except upon the issuance of an order from a court of
825 competent jurisdiction.
826 Section 19. Subsections (2), (3), and (4) of section
827 489.126, Florida Statutes, are amended, and subsections (5) and
828 (6) are added to that section, to read:
829 489.126 Moneys received by contractors.—
830 (2)(a) A contractor who receives, as initial payment, money
831 totaling more than 10 percent of the contract price for repair,
832 restoration, improvement, or construction to residential real
833 property must:
834 1.(a) Apply for permits necessary to do work within 30 days
835 after the date payment is made, except where the work does not
836 require a permit under the applicable codes and ordinances, and
837 2.(b) Start the work within 90 days after the date all
838 necessary permits for work, if any, are issued,
839
840 unless the contractor has just cause for failing to apply for
841 the necessary permits, starting the work, or refunding the
842 payment, or unless the person who made the payment agreed, in
843 writing, to a longer period to apply for the necessary permits
844 or start the work or to longer periods for both.
845 (b)1. If a contractor fails to comply with the requirements
846 of paragraph (a), the contractee must make written demand to the
847 contractor in the form of a letter that includes a demand to
848 apply for the necessary permits, to start the work, or to refund
849 the payment sent via certified mail, return receipt requested,
850 mailed to the address listed in the contracting agreement. If
851 there is no address for the contractor listed in the contracting
852 agreement, or no written agreement exists, the contractee must
853 mail the written demand letter to the address listed for
854 licensing purposes with the department or the local construction
855 industry licensing board, if applicable.
856 2. It may be inferred that a contractor does not have just
857 cause if the contractor fails to apply for the necessary
858 permits, start the work, or refund payments within 30 days of
859 receiving written demand to apply for the necessary permits,
860 start the work, or refund the payment from the person who made
861 the payment.
862 (3)(a) A contractor who receives money for repair,
863 restoration, addition, improvement, or construction of
864 residential real property in excess of the value of the work
865 performed may shall not, with intent to defraud the owner, fail
866 or refuse to perform any work for any 90-day period or for any
867 period that is mutually agreed upon and specified in the
868 contract.
869 (b) It is prima facie evidence Proof that a contractor
870 received money for the repair, restoration, addition,
871 improvement, or construction of residential real property and
872 that the amount received exceeds the value of the work performed
873 by the contractor when and that:
874 1. The contractor failed to perform any of the work for
875 which he or she contracted during any 90-day 60-day period or
876 any period that is mutually agreed upon and specified in the
877 contract;
878 2. The failure to perform any such work during the 90-day
879 60-day period or such period that is mutually agreed upon and
880 specified in the contract was not related to the owner’s
881 termination of the contract or a material breach of the contract
882 by the owner; and
883 3. The contractor failed to perform for the 90-day period
884 or such period that is mutually agreed upon and specified in the
885 contract without just cause or terminated the contract without
886 proper notification to the owner.
887 a. Proper notification of termination for purposes of this
888 subparagraph must be made by the contractor in the form of a
889 letter that includes the reason for termination of the contract
890 or the reason for failure to perform sent via certified mail,
891 return receipt requested, mailed to the address of the owner
892 listed in the contracting agreement. If no written agreement
893 exists, the letter must be mailed to the address where the work
894 was to be performed or the address listed on the permit, if
895 applicable.
896 b. If a contractor fails to comply with paragraph (a),
897 written demand must be made to the contractor in the form of a
898 letter that includes a demand to perform work, or refund the
899 money received in excess of the value of the work performed,
900 sent via certified mail, return receipt requested, mailed to the
901 address listed in the contracting agreement. If there is no
902 address for the contractor listed in the contracting agreement,
903 or no agreement exists, the letter must be mailed to the address
904 listed with the department for licensing purposes or the local
905 construction industry licensing board, if applicable.
906 c. It may be inferred that a contractor does not have just
907 cause if the contractor fails to perform work, or refund the
908 money received in excess of the value of the work performed,
909 within 30 days after receiving a written demand to perform the
910 work, or refund the money received in excess of the value of the
911 work performed, from the person who made the payment, for an
912 additional 30-day period after the date of mailing of
913 notification as specified in paragraph (c), to perform any work
914 for which he or she contracted,
915
916 gives rise to an inference that the money in excess of the value
917 of the work performed was taken with the intent to defraud.
918 (c) Notification as contemplated in paragraph (b) consists
919 of a certified letter, return receipt requested, mailed to the
920 address of the contractor as listed in the written contracting
921 agreement. The letter must indicate that the contractor has
922 failed to perform any work for a 60-day period, that the failure
923 to perform the work was not the result of the owner’s
924 termination of the contract or a material breach of the contract
925 by the owner, and that the contractor must recommence
926 construction within 30 days after the date of mailing of the
927 letter. If there is no address for the contractor listed in the
928 written contracting agreement, or no written agreement exists,
929 the letter must be mailed to the address of the contractor
930 listed in the building permit application.
931 (4) Any violation of subsection (2) or subsection (3) must
932 be prosecuted in accordance with the thresholds established in
933 this section and the following: person who violates any
934 provision of this section is guilty of theft and shall be
935 prosecuted and punished under s. 812.014.
936 (a) The required intent to prove a criminal violation may
937 be shown to exist at the time that the contractor appropriated
938 the money to his or her own use and is not required to be proven
939 to exist at the time of the taking of the money from the owner
940 or at the time the owner makes a payment to the contractor.
941 (b) It may be inferred that a contractor intended to
942 deprive the owner of the right to the money owed, or deprive the
943 owner of the benefit from it, and inferred that the contractor
944 appropriated the money for his or her own use, or to a person
945 not entitled to the use of the money, if the contractor fails to
946 refund any portion of the money owed within 30 days after
947 receiving a written demand for such money from the owner.
948 (c) In a prosecution for a violation of this section, the
949 fact that the person so charged intended to return the money
950 owed is not a defense.
951 (5) A person who violates subsection (2) commits:
952 (a) A misdemeanor of the first degree, punishable as
953 provided in s. 775.082 or s. 775.083, if the total money
954 received is less than $1,000.
955 (b) A felony of the third degree, punishable as provided in
956 s. 775.082, s. 775.083, or s. 775.084, if the total money
957 received is $1,000 or more, but less than $20,000.
958 (c) A felony of the second degree, punishable as provided
959 in s. 775.082, s. 775.083, or s. 775.084, if the total money
960 received is $20,000 or more, but less than $200,000.
961 (d) A felony of the first degree, punishable as provided in
962 s. 775.082, s. 775.083, or s. 775.084, if the total money
963 received is $200,000 or more.
964 (6) A person who violates subsection (3) commits:
965 (a) A misdemeanor of the first degree, punishable as
966 provided in s. 775.082 or s. 775.083, if the total money
967 received exceeding the value of the work performed is less than
968 $1,000.
969 (b) A felony of the third degree, punishable as provided in
970 s. 775.082, s. 775.083, or s. 775.084, if the total money
971 received exceeding the value of the work performed is $1,000 or
972 more, but less than $20,000.
973 (c) A felony of the second degree, punishable as provided
974 in s. 775.082, s. 775.083, or s. 775.084, if the total money
975 received exceeding the value of the work performed is $20,000 or
976 more, but less than $200,000.
977 (d) A felony of the first degree, punishable as provided in
978 s. 775.082, s. 775.083, or s. 775.084, if the total money
979 received exceeding the value of the work performed is $200,000
980 or more.
981 Section 20. Subsections (7) through (10) are added to
982 section 489.553, Florida Statutes, to read:
983 489.553 Administration of part; registration
984 qualifications; examination.—
985 (7) Notwithstanding any other law, a conviction, or any
986 other adjudication, for a crime more than 5 years before the
987 date the application is received by the department or other
988 applicable authority may not be grounds for denial of
989 registration. For purposes of this subsection, the term
990 “conviction” means a determination of guilt that is the result
991 of a plea or trial, regardless of whether adjudication is
992 withheld. This subsection does not limit a board from
993 considering an applicant’s criminal history that includes any
994 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
995 only if such criminal history has been found to relate to the
996 practice of the applicable profession, or any crime if it has
997 been found to relate to good moral character.
998 (8)(a) A person may apply to be registered before his or
999 her lawful release from confinement or supervision. The
1000 department or other applicable authority may not charge an
1001 applicant an additional fee for being confined or under
1002 supervision. The department or other applicable authority may
1003 not deny an application for registration solely on the basis of
1004 the applicant’s current confinement or supervision.
1005 (b) After a registration application is approved, the
1006 department or other applicable authority may stay the issuance
1007 of registration until the applicant is lawfully released from
1008 confinement or supervision and the applicant notifies the board
1009 of such release. The department or other applicable authority
1010 must verify the applicant’s release with the Department of
1011 Corrections before it registers such applicant.
1012 (c) If an applicant is unable to appear in person due to
1013 his or her confinement or supervision, the department or other
1014 applicable authority must permit the applicant to appear by
1015 teleconference or video conference, as appropriate, at any
1016 meeting or hearing by the department or other applicable
1017 authority concerning his or her application.
1018 (d) If an applicant is confined or under supervision, the
1019 Department of Corrections and the department or other applicable
1020 authority shall cooperate and coordinate to facilitate the
1021 appearance of the applicant at a meeting or hearing in person,
1022 by teleconference, or by video conference, as appropriate.
1023 (9) The department or other applicable authority shall
1024 compile a list of crimes that, if committed and regardless of
1025 adjudication, do not relate to the practice of the profession or
1026 the ability to practice the profession and do not constitute
1027 grounds for denial of registration. This list must be made
1028 available on the department’s website and updated annually.
1029 Beginning October 1, 2019, and updated quarterly thereafter, the
1030 department or other applicable authority shall add to this list
1031 such crimes that although reported by an applicant for
1032 registration, were not used as a basis for denial in the past 2
1033 years. The list must identify for each such registration
1034 application the crime reported and the date of conviction, plea,
1035 adjudication, or sentencing.
1036 (10) The department or other applicable authority shall
1037 compile a list of crimes that have been used as a basis for
1038 denial of registration in the past 2 years and make the list
1039 available on the department’s website. Beginning October 1,
1040 2019, and updated quarterly thereafter, the department shall add
1041 to this list each crime used as a basis for denial. For each
1042 crime listed, the department must identify the date of
1043 conviction, plea, adjudication, or sentencing. Such denials must
1044 be made available to the public upon request.
1045 Section 21. Subsection (2) of section 500.451, Florida
1046 Statutes, is amended and subsection (1) of that section is
1047 republished, to read:
1048 500.451 Horse meat; offenses.—
1049 (1) It is unlawful for any person to:
1050 (a) Sell in the markets of this state horse meat for human
1051 consumption unless the horse meat is clearly stamped, marked,
1052 and described as horse meat for human consumption.
1053 (b) Knowingly transport, distribute, sell, purchase, or
1054 possess horse meat for human consumption that is not clearly
1055 stamped, marked, and described as horse meat for human
1056 consumption or horse meat that is not acquired from a licensed
1057 slaughterhouse.
1058 (2) A person that violates this section commits a felony of
1059 the third degree, punishable as provided in s. 775.082, s.
1060 775.083, or s. 775.084, except that any person who commits a
1061 violation of this section must shall be sentenced to a minimum
1062 mandatory fine of $3,500 and a minimum mandatory period of
1063 incarceration of 1 year.
1064 Section 22. Subsection (1) of section 509.151, Florida
1065 Statutes, is amended to read:
1066 509.151 Obtaining food or lodging with intent to defraud;
1067 penalty.—
1068 (1) Any person who obtains food, lodging, or other
1069 accommodations having a value of less than $1,000 $300 at any
1070 public food service establishment, or at any transient
1071 establishment, with intent to defraud the operator thereof,
1072 commits is guilty of a misdemeanor of the second degree,
1073 punishable as provided in s. 775.082 or s. 775.083; if such
1074 food, lodging, or other accommodations have a value of $1,000
1075 $300 or more, such person commits is guilty of a felony of the
1076 third degree, punishable as provided in s. 775.082, s. 775.083,
1077 or s. 775.084.
1078 Section 23. Paragraph (a) of subsection (1) and paragraph
1079 (c) of subsection (2) of section 562.11, Florida Statutes, are
1080 amended to read:
1081 562.11 Selling, giving, or serving alcoholic beverages to
1082 person under age 21; providing a proper name; misrepresenting or
1083 misstating age or age of another to induce licensee to serve
1084 alcoholic beverages to person under 21; penalties.—
1085 (1)(a)1. A person may not sell, give, serve, or permit to
1086 be served alcoholic beverages to a person under 21 years of age
1087 or permit a person under 21 years of age to consume such
1088 beverages on the licensed premises. A person who violates this
1089 paragraph subparagraph commits a misdemeanor of the second
1090 degree, punishable as provided in s. 775.082 or s. 775.083. A
1091 person who violates this paragraph subparagraph a second or
1092 subsequent time within 1 year after a prior conviction commits a
1093 misdemeanor of the first degree, punishable as provided in s.
1094 775.082 or s. 775.083.
1095 2. In addition to any other penalty imposed for a violation
1096 of subparagraph 1., the court may order the Department of
1097 Highway Safety and Motor Vehicles to withhold the issuance of,
1098 or suspend or revoke, the driver license or driving privilege,
1099 as provided in s. 322.057, of any person who violates
1100 subparagraph 1. This subparagraph does not apply to a licensee,
1101 as defined in s. 561.01, who violates subparagraph 1. while
1102 acting within the scope of his or her license or an employee or
1103 agent of a licensee, as defined in s. 561.01, who violates
1104 subparagraph 1. while engaged within the scope of his or her
1105 employment or agency.
1106 3. A court that withholds the issuance of, or suspends or
1107 revokes, the driver license or driving privilege of a person
1108 pursuant to subparagraph 2. may direct the Department of Highway
1109 Safety and Motor Vehicles to issue the person a license for
1110 driving privilege restricted to business purposes only, as
1111 defined in s. 322.271, if he or she is otherwise qualified.
1112 (2) It is unlawful for any person to misrepresent or
1113 misstate his or her age or the age of any other person for the
1114 purpose of inducing any licensee or his or her agents or
1115 employees to sell, give, serve, or deliver any alcoholic
1116 beverages to a person under 21 years of age, or for any person
1117 under 21 years of age to purchase or attempt to purchase
1118 alcoholic beverages.
1119 (c) In addition to any other penalty imposed for a
1120 violation of this subsection, if a person uses a driver license
1121 or identification card issued by the Department of Highway
1122 Safety and Motor Vehicles in violation of this subsection, the
1123 court:
1124 1. may order the person to participate in public service or
1125 a community work project for a period not to exceed 40 hours;
1126 and
1127 2. Shall direct the Department of Highway Safety and Motor
1128 Vehicles to withhold issuance of, or suspend or revoke, the
1129 person’s driver license or driving privilege, as provided in s.
1130 322.056.
1131 Section 24. Subsection (3) of section 562.111, Florida
1132 Statutes, is amended to read:
1133 562.111 Possession of alcoholic beverages by persons under
1134 age 21 prohibited.—
1135 (3) In addition to any other penalty imposed for a
1136 violation of subsection (1), the court shall direct the
1137 Department of Highway Safety and Motor Vehicles to withhold
1138 issuance of, or suspend or revoke, the violator’s driver license
1139 or driving privilege, as provided in s. 322.056.
1140 Section 25. Subsection (8) of section 562.27, Florida
1141 Statutes, is amended, and subsections (1) through (7) of that
1142 section are republished, to read:
1143 562.27 Seizure and forfeiture.—
1144 (1) It is unlawful for any person to have in her or his
1145 possession, custody, or control, or to own, make, construct, or
1146 repair, any still, still piping, still apparatus, or still worm,
1147 or any piece or part thereof, designed or adapted for the
1148 manufacture of an alcoholic beverage, or to have in her or his
1149 possession, custody or control any receptacle or container
1150 containing any mash, wort, or wash, or other fermented liquids
1151 whatever capable of being distilled or manufactured into an
1152 alcoholic beverage, unless such possession, custody, control,
1153 ownership, manufacture, construction, or repairing be by or for
1154 a person authorized by law to manufacture such alcoholic
1155 beverage.
1156 (2) It is unlawful for any person to have in her or his
1157 possession, custody, or control any raw materials or substance
1158 intended to be used in the distillation or manufacturing of an
1159 alcoholic beverage unless the person holds a license from the
1160 state authorizing the manufacture of the alcoholic beverage.
1161 (3) The terms “raw material” or “substance” for the purpose
1162 of this chapter shall mean and include, but not be limited to,
1163 any of the following: Any grade or type of sugar, syrup, or
1164 molasses derived from sugarcane, sugar beets, corn, sorghum, or
1165 any other source; starch; potatoes; grain or cornmeal, corn
1166 chops, cracked corn, rye chops, middlings, shorts, bran, or any
1167 other grain derivative; malt; malt sugar or malt syrup; oak
1168 chips, charred or not charred; yeast; cider; honey; fruit;
1169 grapes; berries; fruit, grape or berry juices or concentrates;
1170 wine; caramel; burnt sugar; gin flavor; Chinese bean cake or
1171 Chinese wine cake; urea; ammonium phosphate, ammonium carbonate,
1172 ammonium sulphate, or any other yeast food; ethyl acetate or any
1173 other ethyl ester; any other material of the character used in
1174 the manufacture of distilled spirits or any chemical or other
1175 material suitable for promoting or accelerating fermentation;
1176 any chemical or material of the character used in the production
1177 of distilled spirits by chemical reaction; or any combination of
1178 such materials or chemicals.
1179 (4) Any such raw materials, substance, or any still, still
1180 piping, still apparatus, or still worm, or any piece or part
1181 thereof, or any mash, wort, or wash, or other fermented liquid
1182 and the receptacle or container thereof, and any alcoholic
1183 beverage, together with all personal property used to facilitate
1184 the manufacture or production of the alcoholic beverage or to
1185 facilitate the violation of the alcoholic beverage control laws
1186 of this state or the United States, may be seized by the
1187 division or by any sheriff or deputy sheriff and shall be
1188 forfeited to the state.
1189 (5) It shall be unlawful for any person to sell or
1190 otherwise dispose of raw materials or other substances knowing
1191 same are to be used in the distillation or manufacture of an
1192 alcoholic beverage unless such person receiving same, by
1193 purchase or otherwise, holds a license from the state
1194 authorizing the manufacture of such alcoholic beverage.
1195 (6) Any vehicle, vessel, or aircraft used in the
1196 transportation or removal of or for the deposit or concealment
1197 of any illicit liquor still or stilling apparatus; any mash,
1198 wort, wash, or other fermented liquids capable of being
1199 distilled or manufactured into an alcoholic beverage; or any
1200 alcoholic beverage commonly known and referred to as “moonshine
1201 whiskey” shall be seized and may be forfeited as provided by the
1202 Florida Contraband Forfeiture Act. Any sheriff, deputy sheriff,
1203 employee of the division, or police officer may seize any of the
1204 vehicles, vessels, or conveyances, and the same may be forfeited
1205 as provided by law.
1206 (7) The finding of any still, still piping, still
1207 apparatus, or still worm, or any piece or part thereof, or any
1208 mash, wort, or wash or other fermented liquids in the dwelling
1209 house or place of business, or so near thereto as to lead to the
1210 reasonable belief that they are within the possession, custody,
1211 or control of the occupants of the dwelling house or place of
1212 business, shall be prima facie evidence of a violation of this
1213 section by the occupants of the dwelling house or place of
1214 business.
1215 (8) Any person violating any provisions of this section of
1216 the law commits shall be guilty of a misdemeanor felony of the
1217 second third degree, punishable as provided in s. 775.082 or, s.
1218 775.083, or s. 775.084.
1219 Section 26. Subsections (1) and (2) of section 562.451,
1220 Florida Statutes, are amended to read:
1221 562.451 Moonshine whiskey; ownership, possession, or
1222 control prohibited; penalties; rule of evidence.—
1223 (1) Any person who owns or has in her or his possession or
1224 under her or his control less than 1 gallon of liquor, as
1225 defined in the Beverage Law, which was not made or manufactured
1226 in accordance with the laws in effect at the time when and place
1227 where the same was made or manufactured commits shall be guilty
1228 of a misdemeanor of the second degree, punishable as provided in
1229 s. 775.082 or s. 775.083.
1230 (2) Any person who owns or has in her or his possession or
1231 under her or his control 1 gallon or more of liquor, as defined
1232 in the Beverage Law, which was not made or manufactured in
1233 accordance with the laws in effect at the time when and place
1234 where the same was made or manufactured commits shall be guilty
1235 of a misdemeanor felony of the first third degree, punishable as
1236 provided in s. 775.082 or, s. 775.083, or s. 775.084.
1237 Section 27. Subsections (1), (2), and (5) of section
1238 569.11, Florida Statutes, are amended to read:
1239 569.11 Possession, misrepresenting age or military service
1240 to purchase, and purchase of tobacco products by persons under
1241 18 years of age prohibited; penalties; jurisdiction; disposition
1242 of fines.—
1243 (1) It is unlawful for any person under 18 years of age to
1244 knowingly possess any tobacco product. Any person under 18 years
1245 of age who violates the provisions of this subsection commits a
1246 noncriminal violation as provided in s. 775.08(3), punishable
1247 by:
1248 (a) For a first violation, 16 hours of community service
1249 or, instead of community service, a $25 fine. In addition, the
1250 person must attend a school-approved anti-tobacco program, if
1251 locally available; or
1252 (b) For a second or subsequent violation within 12 weeks
1253 after of the first violation, a $25 fine; or
1254 (c) For a third or subsequent violation within 12 weeks of
1255 the first violation, the court must direct the Department of
1256 Highway Safety and Motor Vehicles to withhold issuance of or
1257 suspend or revoke the person’s driver license or driving
1258 privilege, as provided in s. 322.056.
1259
1260 Any second or subsequent violation not within the 12-week time
1261 period after the first violation is punishable as provided for a
1262 first violation.
1263 (2) It is unlawful for any person under 18 years of age to
1264 misrepresent his or her age or military service for the purpose
1265 of inducing a dealer or an agent or employee of the dealer to
1266 sell, give, barter, furnish, or deliver any tobacco product, or
1267 to purchase, or attempt to purchase, any tobacco product from a
1268 person or a vending machine. Any person under 18 years of age
1269 who violates a provision of this subsection commits a
1270 noncriminal violation as provided in s. 775.08(3), punishable
1271 by:
1272 (a) For a first violation, 16 hours of community service
1273 or, instead of community service, a $25 fine and, in addition,
1274 the person must attend a school-approved anti-tobacco program,
1275 if available; or
1276 (b) For a second or subsequent violation within 12 weeks
1277 after of the first violation, a $25 fine; or
1278 (c) For a third or subsequent violation within 12 weeks of
1279 the first violation, the court must direct the Department of
1280 Highway Safety and Motor Vehicles to withhold issuance of or
1281 suspend or revoke the person’s driver license or driving
1282 privilege, as provided in s. 322.056.
1283
1284 Any second or subsequent violation not within the 12-week time
1285 period after the first violation is punishable as provided for a
1286 first violation.
1287 (5)(a) If a person under 18 years of age is found by the
1288 court to have committed a noncriminal violation under this
1289 section and that person has failed to complete community
1290 service, pay the fine as required by paragraph (1)(a) or
1291 paragraph (2)(a), or attend a school-approved anti-tobacco
1292 program, if locally available, the court may must direct the
1293 Department of Highway Safety and Motor Vehicles to withhold
1294 issuance of or suspend the driver license or driving privilege
1295 of that person for a period of 30 consecutive days.
1296 (b) If a person under 18 years of age is found by the court
1297 to have committed a noncriminal violation under this section and
1298 that person has failed to pay the applicable fine as required by
1299 paragraph (1)(b) or paragraph (2)(b), the court may must direct
1300 the Department of Highway Safety and Motor Vehicles to withhold
1301 issuance of or suspend the driver license or driving privilege
1302 of that person for a period of 45 consecutive days.
1303 Section 28. Section 713.69, Florida Statutes, is amended to
1304 read:
1305 713.69 Unlawful to remove property upon which lien has
1306 accrued.—It is unlawful for any person to remove any property
1307 upon which a lien has accrued under the provisions of s. 713.68
1308 from any hotel, apartment house, roominghouse, lodginghouse,
1309 boardinghouse or tenement house without first making full
1310 payment to the person operating or conducting the same of all
1311 sums due and payable for such occupancy or without first having
1312 the written consent of such person so conducting or operating
1313 such place to so remove such property. Any person who violates
1314 violating the provisions of this section shall, if the value of
1315 the property removed in violation hereof is less than $1,000 be
1316 of the value of $50 or less, commits be guilty of a misdemeanor
1317 of the second degree, punishable as provided in s. 775.082 or s.
1318 775.083; and if the value of the property so removed is $1,000
1319 or more, should be of greater value than $50 then such person
1320 commits shall be guilty of a felony of the third degree,
1321 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1322 Section 29. Paragraph (g) of subsection (1) of section
1323 741.30, Florida Statutes, is amended to read:
1324 741.30 Domestic violence; injunction; powers and duties of
1325 court and clerk; petition; notice and hearing; temporary
1326 injunction; issuance of injunction; statewide verification
1327 system; enforcement; public records exemption.—
1328 (1) There is created a cause of action for an injunction
1329 for protection against domestic violence.
1330 (g) Notwithstanding any other law, attorney fees may not be
1331 awarded in any proceeding under this section.
1332 Section 30. Paragraphs (a) and (d) of subsection (9) of
1333 section 775.082, Florida Statutes, are amended to read:
1334 775.082 Penalties; applicability of sentencing structures;
1335 mandatory minimum sentences for certain reoffenders previously
1336 released from prison.—
1337 (9)(a)1. “Prison releasee reoffender” means any defendant
1338 who commits, or attempts to commit:
1339 a. Treason;
1340 b. Murder;
1341 c. Manslaughter;
1342 d. Sexual battery;
1343 e. Carjacking;
1344 f. Home-invasion robbery;
1345 g. Robbery;
1346 h. Arson;
1347 i. Kidnapping;
1348 j. Aggravated assault with a deadly weapon;
1349 k. Aggravated battery;
1350 l. Aggravated stalking;
1351 m. Aircraft piracy;
1352 n. Unlawful throwing, placing, or discharging of a
1353 destructive device or bomb;
1354 o. Any felony that involves the use or threat of physical
1355 force or violence against an individual;
1356 p. Armed burglary;
1357 q. Burglary of a dwelling or burglary of an occupied
1358 structure; or
1359 r. Any felony violation of s. 790.07, s. 800.04, s. 827.03,
1360 s. 827.071, or s. 847.0135(5);
1361
1362 within 3 years after being released from a state correctional
1363 facility operated by the Department of Corrections or a private
1364 vendor, a county detention facility following incarceration for
1365 an offense for which the sentence pronounced was a prison
1366 sentence, or within 3 years after being released from a
1367 correctional institution of another state, the District of
1368 Columbia, the United States, any possession or territory of the
1369 United States, or any foreign jurisdiction, following
1370 incarceration for an offense for which the sentence is
1371 punishable by more than 1 year in this state.
1372 2. “Prison releasee reoffender” also means any defendant
1373 who commits or attempts to commit any offense listed in sub
1374 subparagraphs (a)1.a.-r. while the defendant was serving a
1375 prison sentence or on escape status from a state correctional
1376 facility operated by the Department of Corrections or a private
1377 vendor or while the defendant was on escape status from a
1378 correctional institution of another state, the District of
1379 Columbia, the United States, any possession or territory of the
1380 United States, or any foreign jurisdiction, following
1381 incarceration for an offense for which the sentence is
1382 punishable by more than 1 year in this state.
1383 3. If the state attorney determines that a defendant is a
1384 prison releasee reoffender as defined in subparagraph 1., the
1385 state attorney may seek to have the court sentence the defendant
1386 as a prison releasee reoffender. Upon proof from the state
1387 attorney that establishes by a preponderance of the evidence
1388 that a defendant is a prison releasee reoffender as defined in
1389 this section, such defendant is not eligible for sentencing
1390 under the sentencing guidelines and must be sentenced as
1391 follows:
1392 a. For a felony punishable by life, by a term of
1393 imprisonment for life;
1394 b. For a felony of the first degree, by a term of
1395 imprisonment of 30 years;
1396 c. For a felony of the second degree, by a term of
1397 imprisonment of 15 years; and
1398 d. For a felony of the third degree, by a term of
1399 imprisonment of 5 years.
1400 (d)1. It is the intent of the Legislature that offenders
1401 previously released from prison or a county detention facility
1402 following incarceration for an offense for which the sentence
1403 pronounced was a prison sentence who meet the criteria in
1404 paragraph (a) be punished to the fullest extent of the law and
1405 as provided in this subsection, unless the state attorney
1406 determines that extenuating circumstances exist which preclude
1407 the just prosecution of the offender, including whether the
1408 victim recommends that the offender not be sentenced as provided
1409 in this subsection.
1410 2. For every case in which the offender meets the criteria
1411 in paragraph (a) and does not receive the mandatory minimum
1412 prison sentence, the state attorney must explain the sentencing
1413 deviation in writing and place such explanation in the case file
1414 maintained by the state attorney.
1415 Section 31. Paragraph (d) of subsection (1) of section
1416 784.048, Florida Statutes, is amended, and subsections (2)
1417 through (5) and (7) of that section are republished, to read:
1418 784.048 Stalking; definitions; penalties.—
1419 (1) As used in this section, the term:
1420 (d) “Cyberstalk” means:
1421 1. To engage in a course of conduct to communicate, or to
1422 cause to be communicated, words, images, or language by or
1423 through the use of electronic mail or electronic communication,
1424 directed at a specific person; or
1425 2. To access, or attempt to access, the online accounts or
1426 Internet-connected home electronic systems of another person
1427 without that person’s permission,
1428
1429 causing substantial emotional distress to that person and
1430 serving no legitimate purpose.
1431 (2) A person who willfully, maliciously, and repeatedly
1432 follows, harasses, or cyberstalks another person commits the
1433 offense of stalking, a misdemeanor of the first degree,
1434 punishable as provided in s. 775.082 or s. 775.083.
1435 (3) A person who willfully, maliciously, and repeatedly
1436 follows, harasses, or cyberstalks another person and makes a
1437 credible threat to that person commits the offense of aggravated
1438 stalking, a felony of the third degree, punishable as provided
1439 in s. 775.082, s. 775.083, or s. 775.084.
1440 (4) A person who, after an injunction for protection
1441 against repeat violence, sexual violence, or dating violence
1442 pursuant to s. 784.046, or an injunction for protection against
1443 domestic violence pursuant to s. 741.30, or after any other
1444 court-imposed prohibition of conduct toward the subject person
1445 or that person’s property, knowingly, willfully, maliciously,
1446 and repeatedly follows, harasses, or cyberstalks another person
1447 commits the offense of aggravated stalking, a felony of the
1448 third degree, punishable as provided in s. 775.082, s. 775.083,
1449 or s. 775.084.
1450 (5) A person who willfully, maliciously, and repeatedly
1451 follows, harasses, or cyberstalks a child under 16 years of age
1452 commits the offense of aggravated stalking, a felony of the
1453 third degree, punishable as provided in s. 775.082, s. 775.083,
1454 or s. 775.084.
1455 (7) A person who, after having been sentenced for a
1456 violation of s. 794.011, s. 800.04, or s. 847.0135(5) and
1457 prohibited from contacting the victim of the offense under s.
1458 921.244, willfully, maliciously, and repeatedly follows,
1459 harasses, or cyberstalks the victim commits the offense of
1460 aggravated stalking, a felony of the third degree, punishable as
1461 provided in s. 775.082, s. 775.083, or s. 775.084.
1462 Section 32. Subsection (1) of section 790.052, Florida
1463 Statutes, is amended to read:
1464 790.052 Carrying concealed firearms; off-duty law
1465 enforcement officers.—
1466 (1)(a) All persons holding active certifications from the
1467 Criminal Justice Standards and Training Commission as law
1468 enforcement officers or correctional officers as defined in s.
1469 943.10(1), (2), (6), (7), (8), or (9) shall have the right to
1470 carry, on or about their persons, concealed firearms, during
1471 off-duty hours, at the discretion of their superior officers,
1472 and may perform those law enforcement functions that they
1473 normally perform during duty hours, utilizing their weapons in a
1474 manner which is reasonably expected of on-duty officers in
1475 similar situations.
1476 (b) All persons holding an active certification from the
1477 Criminal Justice Standards and Training Commission as a law
1478 enforcement officer or a correctional officer as defined in s.
1479 943.10(1), (2), (6), (7), (8), or (9) meet the definition of
1480 “qualified law enforcement officer” in 18 U.S.C. s. 926B(c).
1481 (c) All persons who held an active certification from the
1482 Criminal Justice Standards and Training Commission as a law
1483 enforcement officer or correctional officer as defined in s.
1484 943.10(1), (2), (6), (7), (8), or (9), while working for an
1485 employing agency, as defined in s. 943.10(4), but have separated
1486 from service under the conditions set forth in 18 U.S.C. s.
1487 926C(c), meet the definition of “qualified retired law
1488 enforcement officer.”
1489 (d) However, nothing in This section does not subsection
1490 shall be construed to limit the right of a law enforcement
1491 officer, correctional officer, or correctional probation officer
1492 to carry a concealed firearm off duty as a private citizen under
1493 the exemption provided in s. 790.06 that allows a law
1494 enforcement officer, correctional officer, or correctional
1495 probation officer as defined in s. 943.10(1), (2), (3), (6),
1496 (7), (8), or (9) to carry a concealed firearm without a
1497 concealed weapon or firearm license. The appointing or employing
1498 agency or department of an officer carrying a concealed firearm
1499 as a private citizen under s. 790.06 shall not be liable for the
1500 use of the firearm in such capacity. Nothing herein limits the
1501 authority of the appointing or employing agency or department
1502 from establishing policies limiting law enforcement officers or
1503 correctional officers from carrying concealed firearms during
1504 off-duty hours in their capacity as appointees or employees of
1505 the agency or department.
1506 Section 33. Subsections (5) and (10) of section 790.22,
1507 Florida Statutes, are amended to read:
1508 790.22 Use of BB guns, air or gas-operated guns, or
1509 electric weapons or devices by minor under 16; limitation;
1510 possession of firearms by minor under 18 prohibited; penalties.—
1511 (5)(a) A minor who violates subsection (3) commits a
1512 misdemeanor of the first degree; for a first offense, may serve
1513 a period of detention of up to 3 days in a secure detention
1514 facility; and, in addition to any other penalty provided by law,
1515 shall be required to perform 100 hours of community service;
1516 and:
1517 1. If the minor is eligible by reason of age for a driver
1518 license or driving privilege, the court may shall direct the
1519 Department of Highway Safety and Motor Vehicles to revoke or to
1520 withhold issuance of the minor’s driver license or driving
1521 privilege for up to 1 year.
1522 2. If the minor’s driver license or driving privilege is
1523 under suspension or revocation for any reason, the court may
1524 shall direct the Department of Highway Safety and Motor Vehicles
1525 to extend the period of suspension or revocation by an
1526 additional period of up to 1 year.
1527 3. If the minor is ineligible by reason of age for a driver
1528 license or driving privilege, the court may shall direct the
1529 Department of Highway Safety and Motor Vehicles to withhold
1530 issuance of the minor’s driver license or driving privilege for
1531 up to 1 year after the date on which the minor would otherwise
1532 have become eligible.
1533 (b) For a second or subsequent offense, a minor who
1534 violates subsection (3) commits a felony of the third degree and
1535 shall serve a period of detention of up to 15 days in a secure
1536 detention facility and shall be required to perform not less
1537 than 100 nor more than 250 hours of community service, and:
1538 1. If the minor is eligible by reason of age for a driver
1539 license or driving privilege, the court may shall direct the
1540 Department of Highway Safety and Motor Vehicles to revoke or to
1541 withhold issuance of the minor’s driver license or driving
1542 privilege for up to 2 years.
1543 2. If the minor’s driver license or driving privilege is
1544 under suspension or revocation for any reason, the court may
1545 shall direct the Department of Highway Safety and Motor Vehicles
1546 to extend the period of suspension or revocation by an
1547 additional period of up to 2 years.
1548 3. If the minor is ineligible by reason of age for a driver
1549 license or driving privilege, the court may shall direct the
1550 Department of Highway Safety and Motor Vehicles to withhold
1551 issuance of the minor’s driver license or driving privilege for
1552 up to 2 years after the date on which the minor would otherwise
1553 have become eligible.
1554
1555 For the purposes of this subsection, community service shall be
1556 performed, if possible, in a manner involving a hospital
1557 emergency room or other medical environment that deals on a
1558 regular basis with trauma patients and gunshot wounds.
1559 (10) If a minor is found to have committed an offense under
1560 subsection (9), the court shall impose the following penalties
1561 in addition to any penalty imposed under paragraph (9)(a) or
1562 paragraph (9)(b):
1563 (a) For a first offense:
1564 1. If the minor is eligible by reason of age for a driver
1565 license or driving privilege, the court may shall direct the
1566 Department of Highway Safety and Motor Vehicles to revoke or to
1567 withhold issuance of the minor’s driver license or driving
1568 privilege for up to 1 year.
1569 2. If the minor’s driver license or driving privilege is
1570 under suspension or revocation for any reason, the court may
1571 shall direct the Department of Highway Safety and Motor Vehicles
1572 to extend the period of suspension or revocation by an
1573 additional period for up to 1 year.
1574 3. If the minor is ineligible by reason of age for a driver
1575 license or driving privilege, the court may shall direct the
1576 Department of Highway Safety and Motor Vehicles to withhold
1577 issuance of the minor’s driver license or driving privilege for
1578 up to 1 year after the date on which the minor would otherwise
1579 have become eligible.
1580 (b) For a second or subsequent offense:
1581 1. If the minor is eligible by reason of age for a driver
1582 license or driving privilege, the court may shall direct the
1583 Department of Highway Safety and Motor Vehicles to revoke or to
1584 withhold issuance of the minor’s driver license or driving
1585 privilege for up to 2 years.
1586 2. If the minor’s driver license or driving privilege is
1587 under suspension or revocation for any reason, the court may
1588 shall direct the Department of Highway Safety and Motor Vehicles
1589 to extend the period of suspension or revocation by an
1590 additional period for up to 2 years.
1591 3. If the minor is ineligible by reason of age for a driver
1592 license or driving privilege, the court may shall direct the
1593 Department of Highway Safety and Motor Vehicles to withhold
1594 issuance of the minor’s driver license or driving privilege for
1595 up to 2 years after the date on which the minor would otherwise
1596 have become eligible.
1597 Section 34. Section 800.09, Florida Statutes, is amended to
1598 read:
1599 800.09 Lewd or lascivious exhibition in the presence of an
1600 employee.—
1601 (1) As used in this section, the term:
1602 (a) “Employee” means:
1603 1. Any person employed by or performing contractual
1604 services for a public or private entity operating a state
1605 correctional institution or private correctional facility; or
1606 2. Any person employed by or performing contractual
1607 services for the corporation operating the prison industry
1608 enhancement programs or the correctional work programs under
1609 part II of chapter 946;. The term also includes
1610 3. Any person who is a parole examiner with the Florida
1611 Commission on Offender Review; or
1612 4. Any person employed at or performing contractual
1613 services for a county detention facility.
1614 (b) “Facility” means a state correctional institution as
1615 defined in s. 944.02, or a private correctional facility as
1616 defined in s. 944.710, or a county detention facility as defined
1617 in s. 951.23.
1618 (2)(a) A person who is detained in a facility may not:
1619 1. Intentionally masturbate;
1620 2. Intentionally expose the genitals in a lewd or
1621 lascivious manner; or
1622 3. Intentionally commit any other sexual act that does not
1623 involve actual physical or sexual contact with the victim,
1624 including, but not limited to, sadomasochistic abuse, sexual
1625 bestiality, or the simulation of any act involving sexual
1626 activity,
1627
1628 in the presence of a person he or she knows or reasonably should
1629 know is an employee.
1630 (b) A person who violates paragraph (a) commits lewd or
1631 lascivious exhibition in the presence of an employee, a felony
1632 of the third degree, punishable as provided in s. 775.082, s.
1633 775.083, or s. 775.084.
1634 Section 35. Subsection (7) of section 806.13, Florida
1635 Statutes, is amended, and subsection (8) of that section is
1636 republished, to read:
1637 806.13 Criminal mischief; penalties; penalty for minor.—
1638 (7) In addition to any other penalty provided by law, if a
1639 minor is found to have committed a delinquent act under this
1640 section for placing graffiti on any public property or private
1641 property, and:
1642 (a) The minor is eligible by reason of age for a driver
1643 license or driving privilege, the court may shall direct the
1644 Department of Highway Safety and Motor Vehicles to revoke or
1645 withhold issuance of the minor’s driver license or driving
1646 privilege for not more than 1 year.
1647 (b) The minor’s driver license or driving privilege is
1648 under suspension or revocation for any reason, the court may
1649 shall direct the Department of Highway Safety and Motor Vehicles
1650 to extend the period of suspension or revocation by an
1651 additional period of not more than 1 year.
1652 (c) The minor is ineligible by reason of age for a driver
1653 license or driving privilege, the court may shall direct the
1654 Department of Highway Safety and Motor Vehicles to withhold
1655 issuance of the minor’s driver license or driving privilege for
1656 not more than 1 year after the date on which he or she would
1657 otherwise have become eligible.
1658 (8) A minor whose driver license or driving privilege is
1659 revoked, suspended, or withheld under subsection (7) may elect
1660 to reduce the period of revocation, suspension, or withholding
1661 by performing community service at the rate of 1 day for each
1662 hour of community service performed. In addition, if the court
1663 determines that due to a family hardship, the minor’s driver
1664 license or driving privilege is necessary for employment or
1665 medical purposes of the minor or a member of the minor’s family,
1666 the court shall order the minor to perform community service and
1667 reduce the period of revocation, suspension, or withholding at
1668 the rate of 1 day for each hour of community service performed.
1669 As used in this subsection, the term “community service” means
1670 cleaning graffiti from public property.
1671 Section 36. Paragraphs (c), (d), and (e) of subsection (2)
1672 of section 812.014, Florida Statutes, are amended, and
1673 subsection (7) is added to that section, to read:
1674 812.014 Theft.—
1675 (2)
1676 (c) It is grand theft of the third degree and a felony of
1677 the third degree, punishable as provided in s. 775.082, s.
1678 775.083, or s. 775.084, if the property stolen is:
1679 1. Valued at $750 $300 or more, but less than $5,000.
1680 2. Valued at $5,000 or more, but less than $10,000.
1681 3. Valued at $10,000 or more, but less than $20,000.
1682 4. A will, codicil, or other testamentary instrument.
1683 5. A firearm.
1684 6. A motor vehicle, except as provided in paragraph (a).
1685 7. Any commercially farmed animal, including any animal of
1686 the equine, avian, bovine, or swine class or other grazing
1687 animal; a bee colony of a registered beekeeper; and aquaculture
1688 species raised at a certified aquaculture facility. If the
1689 property stolen is a commercially farmed animal, including an
1690 animal of the equine, avian, bovine, or swine class or other
1691 grazing animal; a bee colony of a registered beekeeper; or an
1692 aquaculture species raised at a certified aquaculture facility,
1693 a $10,000 fine shall be imposed.
1694 8. Any fire extinguisher that, at the time of the taking,
1695 was installed in any building for the purpose of fire prevention
1696 and control. This subparagraph does not apply to a fire
1697 extinguisher taken from the inventory at a point-of-sale
1698 business.
1699 9. Any amount of citrus fruit consisting of 2,000 or more
1700 individual pieces of fruit.
1701 10. Taken from a designated construction site identified by
1702 the posting of a sign as provided for in s. 810.09(2)(d).
1703 11. Any stop sign.
1704 12. Anhydrous ammonia.
1705 13. Any amount of a controlled substance as defined in s.
1706 893.02. Notwithstanding any other law, separate judgments and
1707 sentences for theft of a controlled substance under this
1708 subparagraph and for any applicable possession of controlled
1709 substance offense under s. 893.13 or trafficking in controlled
1710 substance offense under s. 893.135 may be imposed when all such
1711 offenses involve the same amount or amounts of a controlled
1712 substance.
1713
1714 However, if the property is stolen within a county that is
1715 subject to a state of emergency declared by the Governor under
1716 chapter 252, the property is stolen after the declaration of
1717 emergency is made, and the perpetration of the theft is
1718 facilitated by conditions arising from the emergency, the
1719 offender commits a felony of the second degree, punishable as
1720 provided in s. 775.082, s. 775.083, or s. 775.084, if the
1721 property is valued at $5,000 or more, but less than $10,000, as
1722 provided under subparagraph 2., or if the property is valued at
1723 $10,000 or more, but less than $20,000, as provided under
1724 subparagraph 3. As used in this paragraph, the term “conditions
1725 arising from the emergency” means civil unrest, power outages,
1726 curfews, voluntary or mandatory evacuations, or a reduction in
1727 the presence of or the response time for first responders or
1728 homeland security personnel. For purposes of sentencing under
1729 chapter 921, a felony offense that is reclassified under this
1730 paragraph is ranked one level above the ranking under s.
1731 921.0022 or s. 921.0023 of the offense committed.
1732 (d) It is grand theft of the third degree and a felony of
1733 the third degree, punishable as provided in s. 775.082, s.
1734 775.083, or s. 775.084, if the property stolen is valued at $100
1735 or more, but less than $750 $300, and is taken from a dwelling
1736 as defined in s. 810.011(2) or from the unenclosed curtilage of
1737 a dwelling pursuant to s. 810.09(1).
1738 (e) Except as provided in paragraph (d), if the property
1739 stolen is valued at $100 or more, but less than $750 $300, the
1740 offender commits petit theft of the first degree, punishable as
1741 a misdemeanor of the first degree, as provided in s. 775.082 or
1742 s. 775.083.
1743 (7) The Office of Program Policy Analysis and Government
1744 Accountability (OPPAGA) shall perform a study every 5 years to
1745 determine the appropriateness of the threshold amounts included
1746 in this section. The study’s scope must include, but need not be
1747 limited to, the crime trends related to theft offenses, the
1748 theft threshold amounts of other states in effect at the time of
1749 the study, the fiscal impact of any modifications to this
1750 state’s threshold amounts, and the effect on economic factors,
1751 such as inflation. The study must include options for amending
1752 the threshold amounts if the study finds that such amounts are
1753 inconsistent with current trends. In conducting the study,
1754 OPPAGA shall consult with the Office of Economic and Demographic
1755 Research in addition to other interested entities. OPPAGA shall
1756 submit a report to the Governor, the President of the Senate,
1757 and the Speaker of the House of Representatives by September 1
1758 of every 5th year.
1759 Section 37. Subsections (8) and (9) of section 812.015,
1760 Florida Statutes, are amended, and subsections (10) and (11) are
1761 added to that section, to read:
1762 812.015 Retail and farm theft; transit fare evasion;
1763 mandatory fine; alternative punishment; detention and arrest;
1764 exemption from liability for false arrest; resisting arrest;
1765 penalties.—
1766 (8) Except as provided in subsection (9), a person who
1767 commits retail theft commits a felony of the third degree,
1768 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1769 if the property stolen is valued at $750 $300 or more, and the
1770 person:
1771 (a) Individually commits retail theft, or in concert with
1772 one or more other persons, coordinates the activities of one or
1773 more individuals in committing the offense, which may occur
1774 through multiple acts of retail theft, in which case the amount
1775 of each individual theft is aggregated within a 30-day period to
1776 determine the value of the property stolen;
1777 (b) Conspires with another person to commit retail theft
1778 with the intent to sell the stolen property for monetary or
1779 other gain, and subsequently takes or causes such property to be
1780 placed in the control of another person in exchange for
1781 consideration, in which the stolen property taken or placed
1782 within a 30-day period is aggregated to determine the value of
1783 the stolen property;
1784 (c)(b) Individually, or in concert with one or more other
1785 persons, commits theft from more than one location within a 30
1786 day 48-hour period, in which case the amount of each individual
1787 theft is aggregated to determine the value of the property
1788 stolen;
1789 (d)(c) Acts in concert with one or more other individuals
1790 within one or more establishments to distract the merchant,
1791 merchant’s employee, or law enforcement officer in order to
1792 carry out the offense, or acts in other ways to coordinate
1793 efforts to carry out the offense; or
1794 (e)(d) Commits the offense through the purchase of
1795 merchandise in a package or box that contains merchandise other
1796 than, or in addition to, the merchandise purported to be
1797 contained in the package or box.
1798 (9) A person commits a felony of the second degree,
1799 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1800 if the person:
1801 (a) Violates subsection (8) and has previously been
1802 convicted of a violation of subsection (8); or
1803 (b) Individually, or in concert with one or more other
1804 persons, coordinates the activities of one or more persons in
1805 committing the offense of retail theft, in which the amount of
1806 each individual theft within a 30-day period is aggregated to
1807 determine the value of the stolen property and such where the
1808 stolen property has a value is in excess of $3,000; or
1809 (c) Conspires with another person to commit retail theft
1810 with the intent to sell the stolen property for monetary or
1811 other gain, and subsequently takes or causes such property to be
1812 placed in control of another person in exchange for
1813 consideration, in which the stolen property taken or placed
1814 within a 30-day period is aggregated to have a value in excess
1815 of $3,000.
1816 (10) If a person commits retail theft in more than one
1817 judicial circuit within a 30-day period, the value of the stolen
1818 property resulting from the thefts in each judicial circuit may
1819 be aggregated, and the person must be prosecuted by the Office
1820 of the Statewide Prosecutor in accordance with s. 16.56.
1821 (11) The Office of Program Policy Analysis and Government
1822 Accountability (OPPAGA) shall perform a study every 5 years to
1823 determine the appropriateness of the threshold amounts included
1824 in this section. The study’s scope must include, but need not be
1825 limited to, the crime trends related to theft offenses, the
1826 theft threshold amounts of other states in effect at the time of
1827 the study, the fiscal impact of any modifications to this
1828 state’s threshold amounts, and the effect on economic factors,
1829 such as inflation. The study must include options for amending
1830 the threshold amounts if the study finds that such amounts are
1831 inconsistent with current trends. In conducting the study,
1832 OPPAGA shall consult with the Office of Economic and Demographic
1833 Research in addition to other interested entities. OPPAGA shall
1834 submit a report to the Governor, the President of the Senate,
1835 and the Speaker of the House of Representatives by September 1
1836 of every 5th year.
1837 Section 38. Section 812.0155, Florida Statutes, is amended
1838 to read:
1839 812.0155 Driver license suspension as an alternative
1840 sentence for a person under 18 years of age Suspension of driver
1841 license following an adjudication of guilt for theft.—
1842 (1) Except as provided in subsections (2) and (3), the
1843 court may order the suspension of the driver license of each
1844 person adjudicated guilty of any misdemeanor violation of s.
1845 812.014 or s. 812.015, regardless of the value of the property
1846 stolen. Upon ordering the suspension of the driver license of
1847 the person adjudicated guilty, the court shall forward the
1848 driver license of the person adjudicated guilty to the
1849 Department of Highway Safety and Motor Vehicles in accordance
1850 with s. 322.25.
1851 (a) The first suspension of a driver license under this
1852 subsection shall be for a period of up to 6 months.
1853 (b) A second or subsequent suspension of a driver license
1854 under this subsection shall be for 1 year.
1855 (1)(2) The court may revoke, suspend, or withhold issuance
1856 of a driver license of a person less than 18 years of age who
1857 violates s. 812.014 or s. 812.015 as an alternative to
1858 sentencing the person to:
1859 (a) Probation as defined in s. 985.03 or commitment to the
1860 Department of Juvenile Justice, if the person is adjudicated
1861 delinquent for such violation and has not previously been
1862 convicted of or adjudicated delinquent for any criminal offense,
1863 regardless of whether adjudication was withheld.
1864 (b) Probation as defined in s. 985.03, commitment to the
1865 Department of Juvenile Justice, probation as defined in chapter
1866 948, community control, or incarceration, if the person is
1867 convicted as an adult of such violation and has not previously
1868 been convicted of or adjudicated delinquent for any criminal
1869 offense, regardless of whether adjudication was withheld.
1870 (2)(3) As used in this subsection, the term “department”
1871 means the Department of Highway Safety and Motor Vehicles. A
1872 court that revokes, suspends, or withholds issuance of a driver
1873 license under subsection (1) (2) shall:
1874 (a) If the person is eligible by reason of age for a driver
1875 license or driving privilege, direct the department to revoke or
1876 withhold issuance of the person’s driver license or driving
1877 privilege for not less than 6 months and not more than 1 year;
1878 (b) If the person’s driver license is under suspension or
1879 revocation for any reason, direct the department to extend the
1880 period of suspension or revocation by not less than 6 months and
1881 not more than 1 year; or
1882 (c) If the person is ineligible by reason of age for a
1883 driver license or driving privilege, direct the department to
1884 withhold issuance of the person’s driver license or driving
1885 privilege for not less than 6 months and not more than 1 year
1886 after the date on which the person would otherwise become
1887 eligible.
1888 (3)(4) This section does Subsections (2) and (3) do not
1889 preclude the court from imposing any other sanction specified or
1890 not specified in subsection (2) or subsection (3).
1891 (5) A court that suspends the driver license of a person
1892 pursuant to subsection (1) may direct the Department of Highway
1893 Safety and Motor Vehicles to issue the person a license for
1894 driving privilege restricted to business purposes only, as
1895 defined in s. 322.271, if he or she is otherwise qualified.
1896 Section 39. Subsection (1) of section 815.03, Florida
1897 Statutes, is amended to read:
1898 815.03 Definitions.—As used in this chapter, unless the
1899 context clearly indicates otherwise:
1900 (1) “Access” means to approach, instruct, communicate with,
1901 store data in, retrieve data from, or otherwise make use of any
1902 resources of a computer, a computer system, a or computer
1903 network, or an electronic device.
1904 Section 40. Subsection (2) of section 815.06, Florida
1905 Statutes, is amended, and subsection (3) of that section is
1906 republished, to read:
1907 815.06 Offenses against users of computers, computer
1908 systems, computer networks, and electronic devices.—
1909 (2) A person commits an offense against users of computers,
1910 computer systems, computer networks, or electronic devices if he
1911 or she willfully, knowingly, and without authorization or
1912 exceeding authorization:
1913 (a) Accesses or causes to be accessed any computer,
1914 computer system, computer network, or electronic device with
1915 knowledge that such access is unauthorized or the manner of use
1916 exceeds authorization;
1917 (b) Disrupts or denies or causes the denial of the ability
1918 to transmit data to or from an authorized user of a computer,
1919 computer system, computer network, or electronic device, which,
1920 in whole or in part, is owned by, under contract to, or operated
1921 for, on behalf of, or in conjunction with another;
1922 (c) Destroys, takes, injures, or damages equipment or
1923 supplies used or intended to be used in a computer, computer
1924 system, computer network, or electronic device;
1925 (d) Destroys, injures, or damages any computer, computer
1926 system, computer network, or electronic device;
1927 (e) Introduces any computer contaminant into any computer,
1928 computer system, computer network, or electronic device; or
1929 (f) Engages in audio or video surveillance of an individual
1930 by accessing any inherent feature or component of a computer,
1931 computer system, computer network, or electronic device,
1932 including accessing the data or information of a computer,
1933 computer system, computer network, or electronic device that is
1934 stored by a third party.
1935 (3)(a) Except as provided in paragraphs (b) and (c), a
1936 person who violates subsection (2) commits a felony of the third
1937 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1938 775.084.
1939 (b) A person commits a felony of the second degree,
1940 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1941 if he or she violates subsection (2) and:
1942 1. Damages a computer, computer equipment or supplies, a
1943 computer system, or a computer network and the damage or loss is
1944 at least $5,000;
1945 2. Commits the offense for the purpose of devising or
1946 executing any scheme or artifice to defraud or obtain property;
1947 3. Interrupts or impairs a governmental operation or public
1948 communication, transportation, or supply of water, gas, or other
1949 public service; or
1950 4. Intentionally interrupts the transmittal of data to or
1951 from, or gains unauthorized access to, a computer, computer
1952 system, computer network, or electronic device belonging to any
1953 mode of public or private transit, as defined in s. 341.031.
1954 (c) A person who violates subsection (2) commits a felony
1955 of the first degree, punishable as provided in s. 775.082, s.
1956 775.083, or s. 775.084, if the violation:
1957 1. Endangers human life; or
1958 2. Disrupts a computer, computer system, computer network,
1959 or electronic device that affects medical equipment used in the
1960 direct administration of medical care or treatment to a person.
1961 Section 41. Section 817.413, Florida Statutes, is amended
1962 to read:
1963 817.413 Sale of used motor vehicle goods as new; penalty.—
1964 (1) With respect to a transaction for which any charges
1965 will be paid from the proceeds of a motor vehicle insurance
1966 policy, and in which the purchase price of motor vehicle goods
1967 exceeds $100, it is unlawful for the seller to knowingly
1968 misrepresent orally, in writing, or by failure to speak, that
1969 the goods are new or original when they are used or repossessed
1970 or have been used for sales demonstration.
1971 (2) A person who violates the provisions of this section,
1972 if the purchase price of the motor vehicle goods is $1,000 or
1973 more, commits a felony of the third degree, punishable as
1974 provided in s. 775.082, s. 775.083, or s. 775.084. If the
1975 purchase price of the motor vehicle goods is less than $1,000,
1976 the person commits a misdemeanor of the first degree, punishable
1977 as provided in s. 775.082 or s. 775.083.
1978 Section 42. Paragraph (a) of subsection (2) of section
1979 831.28, Florida Statutes, is amended to read:
1980 831.28 Counterfeiting a payment instrument; possessing a
1981 counterfeit payment instrument; penalties.—
1982 (2)(a) It is unlawful to counterfeit a payment instrument
1983 with the intent to defraud a financial institution, account
1984 holder, or any other person or organization or for a person to
1985 have any counterfeit payment instrument in such person’s
1986 possession with the intent to defraud a financial institution,
1987 an account holder, or any other person or organization. Any
1988 person who violates this subsection commits a felony of the
1989 third degree, punishable as provided in s. 775.082, s. 775.083,
1990 or s. 775.084.
1991 Section 43. Section 849.01, Florida Statutes, is amended to
1992 read:
1993 849.01 Keeping gambling houses, etc.—Whoever by herself or
1994 himself, her or his servant, clerk or agent, or in any other
1995 manner has, keeps, exercises or maintains a gaming table or
1996 room, or gaming implements or apparatus, or house, booth, tent,
1997 shelter or other place for the purpose of gaming or gambling or
1998 in any place of which she or he may directly or indirectly have
1999 charge, control or management, either exclusively or with
2000 others, procures, suffers or permits any person to play for
2001 money or other valuable thing at any game whatever, whether
2002 heretofore prohibited or not, commits shall be guilty of a
2003 misdemeanor felony of the second third degree, punishable as
2004 provided in s. 775.082 or, s. 775.083, or s. 775.084.
2005 Section 44. Subsections (6) and (7) and paragraphs (c) and
2006 (d) of subsection (8) of section 877.112, Florida Statutes, are
2007 amended to read:
2008 877.112 Nicotine products and nicotine dispensing devices;
2009 prohibitions for minors; penalties; civil fines; signage
2010 requirements; preemption.—
2011 (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR
2012 NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any
2013 person under 18 years of age to knowingly possess any nicotine
2014 product or a nicotine dispensing device. Any person under 18
2015 years of age who violates this subsection commits a noncriminal
2016 violation as defined in s. 775.08(3), punishable by:
2017 (a) For a first violation, 16 hours of community service
2018 or, instead of community service, a $25 fine. In addition, the
2019 person must attend a school-approved anti-tobacco and nicotine
2020 program, if locally available; or
2021 (b) For a second or subsequent violation within 12 weeks
2022 after of the first violation, a $25 fine.; or
2023 (c) For a third or subsequent violation within 12 weeks of
2024 the first violation, the court must direct the Department of
2025 Highway Safety and Motor Vehicles to withhold issuance of or
2026 suspend or revoke the person’s driver license or driving
2027 privilege, as provided in s. 322.056.
2028
2029 Any second or subsequent violation not within the 12-week time
2030 period after the first violation is punishable as provided for a
2031 first violation.
2032 (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for
2033 any person under 18 years of age to misrepresent his or her age
2034 or military service for the purpose of inducing a retailer of
2035 nicotine products or nicotine dispensing devices or an agent or
2036 employee of such retailer to sell, give, barter, furnish, or
2037 deliver any nicotine product or nicotine dispensing device, or
2038 to purchase, or attempt to purchase, any nicotine product or
2039 nicotine dispensing device from a person or a vending machine.
2040 Any person under 18 years of age who violates this subsection
2041 commits a noncriminal violation as defined in s. 775.08(3),
2042 punishable by:
2043 (a) For a first violation, 16 hours of community service
2044 or, instead of community service, a $25 fine and, in addition,
2045 the person must attend a school-approved anti-tobacco and
2046 nicotine program, if available; or
2047 (b) For a second violation within 12 weeks after of the
2048 first violation, a $25 fine.; or
2049 (c) For a third or subsequent violation within 12 weeks of
2050 the first violation, the court must direct the Department of
2051 Highway Safety and Motor Vehicles to withhold issuance of or
2052 suspend or revoke the person’s driver license or driving
2053 privilege, as provided in s. 322.056.
2054
2055 Any second or subsequent violation not within the 12-week time
2056 period after the first violation is punishable as provided for a
2057 first violation.
2058 (8) PENALTIES FOR MINORS.—
2059 (c) If a person under 18 years of age is found by the court
2060 to have committed a noncriminal violation under this section and
2061 that person has failed to complete community service, pay the
2062 fine as required by paragraph (6)(a) or paragraph (7)(a), or
2063 attend a school-approved anti-tobacco and nicotine program, if
2064 locally available, the court may must direct the Department of
2065 Highway Safety and Motor Vehicles to withhold issuance of or
2066 suspend the driver license or driving privilege of that person
2067 for 30 consecutive days.
2068 (d) If a person under 18 years of age is found by the court
2069 to have committed a noncriminal violation under this section and
2070 that person has failed to pay the applicable fine as required by
2071 paragraph (6)(b) or paragraph (7)(b), the court may must direct
2072 the Department of Highway Safety and Motor Vehicles to withhold
2073 issuance of or suspend the driver license or driving privilege
2074 of that person for 45 consecutive days.
2075 Section 45. Paragraph (c) of subsection (1) of section
2076 893.135, Florida Statutes, is amended to read:
2077 893.135 Trafficking; mandatory sentences; suspension or
2078 reduction of sentences; conspiracy to engage in trafficking.—
2079 (1) Except as authorized in this chapter or in chapter 499
2080 and notwithstanding the provisions of s. 893.13:
2081 (c)1. A person who knowingly sells, purchases,
2082 manufactures, delivers, or brings into this state, or who is
2083 knowingly in actual or constructive possession of, 4 grams or
2084 more of any morphine, opium, hydromorphone, or any salt,
2085 derivative, isomer, or salt of an isomer thereof, including
2086 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
2087 (3)(c)4., or 4 grams or more of any mixture containing any such
2088 substance, but less than 30 kilograms of such substance or
2089 mixture, commits a felony of the first degree, which felony
2090 shall be known as “trafficking in illegal drugs,” punishable as
2091 provided in s. 775.082, s. 775.083, or s. 775.084. If the
2092 quantity involved:
2093 a. Is 4 grams or more, but less than 14 grams, such person
2094 shall be sentenced to a mandatory minimum term of imprisonment
2095 of 3 years and shall be ordered to pay a fine of $50,000.
2096 b. Is 14 grams or more, but less than 28 grams, such person
2097 shall be sentenced to a mandatory minimum term of imprisonment
2098 of 15 years and shall be ordered to pay a fine of $100,000.
2099 c. Is 28 grams or more, but less than 30 kilograms, such
2100 person shall be sentenced to a mandatory minimum term of
2101 imprisonment of 25 years and shall be ordered to pay a fine of
2102 $500,000.
2103 2. A person who knowingly sells, purchases, manufactures,
2104 delivers, or brings into this state, or who is knowingly in
2105 actual or constructive possession of, 28 14 grams or more of
2106 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
2107 described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 14
2108 grams or more of any mixture containing any such substance,
2109 commits a felony of the first degree, which felony shall be
2110 known as “trafficking in hydrocodone,” punishable as provided in
2111 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
2112 a. Is 28 14 grams or more, but less than 50 28 grams, such
2113 person shall be sentenced to a mandatory minimum term of
2114 imprisonment of 3 years and shall be ordered to pay a fine of
2115 $50,000.
2116 b. Is 50 28 grams or more, but less than 100 50 grams, such
2117 person shall be sentenced to a mandatory minimum term of
2118 imprisonment of 7 years and shall be ordered to pay a fine of
2119 $100,000.
2120 c. Is 100 50 grams or more, but less than 300 200 grams,
2121 such person shall be sentenced to a mandatory minimum term of
2122 imprisonment of 15 years and shall be ordered to pay a fine of
2123 $500,000.
2124 d. Is 300 200 grams or more, but less than 30 kilograms,
2125 such person shall be sentenced to a mandatory minimum term of
2126 imprisonment of 25 years and shall be ordered to pay a fine of
2127 $750,000.
2128 3. A person who knowingly sells, purchases, manufactures,
2129 delivers, or brings into this state, or who is knowingly in
2130 actual or constructive possession of, 7 grams or more of
2131 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
2132 thereof, or 7 grams or more of any mixture containing any such
2133 substance, commits a felony of the first degree, which felony
2134 shall be known as “trafficking in oxycodone,” punishable as
2135 provided in s. 775.082, s. 775.083, or s. 775.084. If the
2136 quantity involved:
2137 a. Is 7 grams or more, but less than 14 grams, such person
2138 shall be sentenced to a mandatory minimum term of imprisonment
2139 of 3 years and shall be ordered to pay a fine of $50,000.
2140 b. Is 14 grams or more, but less than 25 grams, such person
2141 shall be sentenced to a mandatory minimum term of imprisonment
2142 of 7 years and shall be ordered to pay a fine of $100,000.
2143 c. Is 25 grams or more, but less than 100 grams, such
2144 person shall be sentenced to a mandatory minimum term of
2145 imprisonment of 15 years and shall be ordered to pay a fine of
2146 $500,000.
2147 d. Is 100 grams or more, but less than 30 kilograms, such
2148 person shall be sentenced to a mandatory minimum term of
2149 imprisonment of 25 years and shall be ordered to pay a fine of
2150 $750,000.
2151 4.a. A person who knowingly sells, purchases, manufactures,
2152 delivers, or brings into this state, or who is knowingly in
2153 actual or constructive possession of, 4 grams or more of:
2154 (I) Alfentanil, as described in s. 893.03(2)(b)1.;
2155 (II) Carfentanil, as described in s. 893.03(2)(b)6.;
2156 (III) Fentanyl, as described in s. 893.03(2)(b)9.;
2157 (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
2158 (V) A fentanyl derivative, as described in s.
2159 893.03(1)(a)62.;
2160 (VI) A controlled substance analog, as described in s.
2161 893.0356, of any substance described in sub-sub-subparagraphs
2162 (I)-(V); or
2163 (VII) A mixture containing any substance described in sub
2164 sub-subparagraphs (I)-(VI), commits a felony of the first
2165 degree, which felony shall be known as “trafficking in
2166 fentanyl,” punishable as provided in s. 775.082, s. 775.083, or
2167 s. 775.084.
2168 b. If the quantity involved under sub-subparagraph a.:
2169 (I) Is 4 grams or more, but less than 14 grams, such person
2170 shall be sentenced to a mandatory minimum term of imprisonment
2171 of 3 years, and shall be ordered to pay a fine of $50,000.
2172 (II) Is 14 grams or more, but less than 28 grams, such
2173 person shall be sentenced to a mandatory minimum term of
2174 imprisonment of 15 years, and shall be ordered to pay a fine of
2175 $100,000.
2176 (III) Is 28 grams or more, such person shall be sentenced
2177 to a mandatory minimum term of imprisonment of 25 years, and
2178 shall be ordered to pay a fine of $500,000.
2179 5. A person who knowingly sells, purchases, manufactures,
2180 delivers, or brings into this state, or who is knowingly in
2181 actual or constructive possession of, 30 kilograms or more of
2182 any morphine, opium, oxycodone, hydrocodone, codeine,
2183 hydromorphone, or any salt, derivative, isomer, or salt of an
2184 isomer thereof, including heroin, as described in s.
2185 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
2186 more of any mixture containing any such substance, commits the
2187 first degree felony of trafficking in illegal drugs. A person
2188 who has been convicted of the first degree felony of trafficking
2189 in illegal drugs under this subparagraph shall be punished by
2190 life imprisonment and is ineligible for any form of
2191 discretionary early release except pardon or executive clemency
2192 or conditional medical release under s. 947.149. However, if the
2193 court determines that, in addition to committing any act
2194 specified in this paragraph:
2195 a. The person intentionally killed an individual or
2196 counseled, commanded, induced, procured, or caused the
2197 intentional killing of an individual and such killing was the
2198 result; or
2199 b. The person’s conduct in committing that act led to a
2200 natural, though not inevitable, lethal result, such person
2201 commits the capital felony of trafficking in illegal drugs,
2202 punishable as provided in ss. 775.082 and 921.142. A person
2203 sentenced for a capital felony under this paragraph shall also
2204 be sentenced to pay the maximum fine provided under subparagraph
2205 1.
2206 6. A person who knowingly brings into this state 60
2207 kilograms or more of any morphine, opium, oxycodone,
2208 hydrocodone, codeine, hydromorphone, or any salt, derivative,
2209 isomer, or salt of an isomer thereof, including heroin, as
2210 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
2211 60 kilograms or more of any mixture containing any such
2212 substance, and who knows that the probable result of such
2213 importation would be the death of a person, commits capital
2214 importation of illegal drugs, a capital felony punishable as
2215 provided in ss. 775.082 and 921.142. A person sentenced for a
2216 capital felony under this paragraph shall also be sentenced to
2217 pay the maximum fine provided under subparagraph 1.
2218 Section 46. Effective upon this act becoming a law, section
2219 900.05, Florida Statutes, is amended to read:
2220 900.05 Criminal justice data collection.—
2221 (1) LEGISLATIVE FINDINGS AND INTENT.—It is the intent of
2222 the Legislature to create a model of uniform criminal justice
2223 data collection by requiring local and state criminal justice
2224 agencies to report complete, accurate, and timely data, and
2225 making such data available to the public. The Legislature finds
2226 that it is an important state interest to implement a uniform
2227 data collection process and promote criminal justice data
2228 transparency.
2229 (2) DEFINITIONS.—As used in this section, the term:
2230 (a) “Annual felony caseload” means the yearly caseload of
2231 each full-time state attorney and assistant state attorney, or
2232 public defender and assistant public defender, or regional
2233 conflict counsel and assistant regional conflict counsel for
2234 cases assigned to the circuit criminal division, based on the
2235 number of felony cases reported to the Supreme Court under s.
2236 25.075. The term does not include the appellate caseload of a
2237 public defender, or assistant public defender, regional conflict
2238 counsel, or assistant regional conflict counsel. Cases reported
2239 pursuant to this term must be associated with a case number, and
2240 each case number must only be reported once regardless of the
2241 number of attorney assignments that occur during the course of
2242 litigation. The caseload shall be calculated on June 30 and
2243 reported once at the beginning of the reporting agency’s fiscal
2244 year.
2245 (b) “Annual felony conflict caseload” means the total
2246 number of felony cases the office of the public defender or
2247 office of regional conflict counsel has declined or withdrawn
2248 from in the previous calendar year due to lack of qualified
2249 counsel or due to excessive caseload. The caseload shall be
2250 calculated on June 30 and reported once at the beginning of the
2251 reporting agency’s fiscal year.
2252 (c)(b) “Annual misdemeanor caseload” means the yearly
2253 caseload of each full-time state attorney and assistant state
2254 attorney, or public defender and assistant public defender, or
2255 regional conflict counsel and assistant regional conflict
2256 counsel for cases assigned to the county criminal division,
2257 based on the number of misdemeanor cases reported to the Supreme
2258 Court under s. 25.075. The term does not include the appellate
2259 caseload of a public defender, or assistant public defender,
2260 regional conflict counsel, or assistant regional conflict
2261 counsel. Cases reported pursuant to this term must be associated
2262 with a case number, and each case number must only be reported
2263 once regardless of the number of attorney assignments that occur
2264 during the course of litigation. The caseload shall be
2265 calculated on June 30 and reported once at the beginning of the
2266 reporting agency’s fiscal year.
2267 (d) “Annual misdemeanor conflict caseload” means the total
2268 number of misdemeanor cases the office of the public defender or
2269 office of regional conflict counsel has declined or withdrawn
2270 from in the previous calendar year due to lack of qualified
2271 counsel or due to excessive caseload. The caseload shall be
2272 calculated on June 30 and reported once at the beginning of the
2273 reporting agency’s fiscal year.
2274 (e)(c) “Attorney assignment date” means the date a court
2275 appointed attorney is assigned to the case or, if privately
2276 retained, the date an attorney files a notice of appearance with
2277 the clerk of court.
2278 (f)(d) “Attorney withdrawal date” means the date the court
2279 removes court-appointed counsel from a case or, for a privately
2280 retained attorney, the date a motion to withdraw is granted by
2281 the court.
2282 (g)(e) “Case number” means the uniform case identification
2283 number assigned by the clerk of court to a criminal case.
2284 (h)(f) “Case status” means whether a case is open, active,
2285 inactive, closed, reclosed, or reopened due to a violation of
2286 probation or community control.
2287 (i)(g) “Charge description” means the statement of the
2288 conduct that is alleged to have been violated, the associated
2289 statutory section establishing such conduct as criminal, and the
2290 misdemeanor or felony classification that is provided for in the
2291 statutory section alleged to have been violated.
2292 (j) “Charge disposition” means the final adjudication for
2293 each charged crime, including, but not limited to, dismissal by
2294 state attorney, dismissal by judge, acquittal, no contest plea,
2295 guilty plea, or guilty finding at trial.
2296 (k)(h) “Charge modifier” means an aggravating circumstance
2297 of an alleged crime that enhances or reclassifies a charge to a
2298 more serious misdemeanor or felony offense level.
2299 (l)(i) “Concurrent or consecutive sentence flag” means an
2300 indication that a defendant is serving another sentence
2301 concurrently or consecutively in addition to the sentence for
2302 which data is being reported.
2303 (m)(j) “Daily number of correctional officers” means the
2304 number of full-time, part-time, and auxiliary correctional
2305 officers who are actively providing supervision, protection,
2306 care, custody, and control of inmates in a county detention
2307 facility or state correctional institution or facility each day.
2308 (n)(k) “Defense attorney type” means whether the attorney
2309 is a public defender, regional conflict counsel, or other
2310 counsel court-appointed for the defendant; the attorney is
2311 privately retained by the defendant; or the defendant is
2312 represented pro se.
2313 (o)(l) “Deferred prosecution or pretrial diversion
2314 agreement date” means the date an agreement a contract is signed
2315 by the parties regarding a defendant’s admission into a deferred
2316 prosecution or pretrial diversion program.
2317 (p)(m) “Deferred prosecution or pretrial diversion hearing
2318 date” means each date that a hearing, including a status
2319 hearing, is held on a case that is in a deferred prosecution or
2320 pretrial diversion program, if applicable.
2321 (q)(n) “Disciplinary violation and action” means any
2322 conduct performed by an inmate in violation of the rules of a
2323 county detention facility or state correctional institution or
2324 facility that results in the initiation of disciplinary
2325 proceedings by the custodial entity and the consequences of such
2326 disciplinary proceedings.
2327 (r)(o) “Disposition date” means the date of final judgment,
2328 adjudication, adjudication withheld, dismissal, or nolle
2329 prosequi for the case and if different dates apply, the
2330 disposition dates of each charge.
2331 (s) “Disposition type” means the manner in which the charge
2332 was closed, including final judgment, adjudication, adjudication
2333 withheld, dismissal, or nolle prosequi.
2334 (t)(p) “Domestic violence flag” means an indication that a
2335 filed charge involves domestic violence as defined in s. 741.28.
2336 (u)(q) “Gang affiliation flag” means an indication that a
2337 defendant is involved in or associated with a criminal gang as
2338 defined in s. 874.03 at the time of the current offense.
2339 (v)(r) “Gain-time credit earned” means a credit of time
2340 awarded to an inmate in a county detention facility in
2341 accordance with s. 951.22 or a state correctional institution or
2342 facility in accordance with s. 944.275.
2343 (w)(s) “Habitual offender flag” means an indication that a
2344 defendant is a habitual felony offender as defined in s. 775.084
2345 or a habitual misdemeanor offender as defined in s. 775.0837.
2346 (x) “Habitual violent felony offender flag” means an
2347 indication that a defendant is a habitual violent felony
2348 offender as defined in s. 775.084.
2349 (t) “Judicial transfer date” means a date on which a
2350 defendant’s case is transferred to another court or presiding
2351 judge.
2352 (y)(u) “Number of contract attorneys representing indigent
2353 defendants for the office of the public defender” means the
2354 number of attorneys hired on a temporary basis, by contract, to
2355 represent indigent clients who were appointed a public defender,
2356 whereby the public defender withdraws from the case due to a
2357 conflict of interest.
2358 (z)(v) “Pretrial release violation flag” means an
2359 indication that the defendant has violated the terms of his or
2360 her pretrial release.
2361 (aa)(w) “Prior incarceration within the state” means any
2362 prior history of a defendant’s incarceration defendant being
2363 incarcerated in a county detention facility or state
2364 correctional institution or facility.
2365 (bb) “Prison releasee reoffender flag” means an indication
2366 that the defendant is a prison releasee reoffender as defined in
2367 s. 775.082 or any other statute.
2368 (dd)(x) “Tentative release date” means the anticipated date
2369 that an inmate will be released from incarceration after the
2370 application of adjustments for any gain-time earned or credit
2371 for time served.
2372 (cc)(y) “Sexual offender flag” means an indication that a
2373 defendant was is required to register as a sexual predator as
2374 defined in s. 775.21 or as a sexual offender as defined in s.
2375 943.0435.
2376 (ee) “Three-time violent felony offender flag” means an
2377 indication that the defendant is a three-time violent felony
2378 offender as defined in s. 775.084 or any other statute.
2379 (ff) “Violent career criminal flag” means an indication
2380 that the defendant is a violent career criminal as defined in s.
2381 775.084 or any other statute.
2382 (3) DATA COLLECTION AND REPORTING.—Beginning January 1,
2383 2019, An entity required to collect data in accordance with this
2384 subsection shall collect the specified data and required of the
2385 entity on a biweekly basis. Each entity shall report them the
2386 data collected in accordance with this subsection to the
2387 Department of Law Enforcement on a monthly basis.
2388 (a) Clerk of the court.—Each clerk of court shall collect
2389 the following data for each criminal case:
2390 1. Case number.
2391 2. Date that the alleged offense occurred.
2392 3. County in which the offense is alleged to have occurred.
2393 3.4. Date the defendant is taken into physical custody by a
2394 law enforcement agency or is issued a notice to appear on a
2395 criminal charge, if such date is different from the date the
2396 offense is alleged to have occurred.
2397 4. Whether the case originated by notice to appear.
2398 5. Date that the criminal prosecution of a defendant is
2399 formally initiated through the filing, with the clerk of the
2400 court, of an information by the state attorney or an indictment
2401 issued by a grand jury.
2402 6. Arraignment date.
2403 7. Attorney appointment assignment date.
2404 8. Attorney withdrawal date.
2405 9. Case status.
2406 10. Charge disposition.
2407 11.10. Disposition date and disposition type.
2408 12.11. Information related to each defendant, including:
2409 a. Identifying information, including name, known aliases,
2410 date of birth, age, race, or ethnicity, and gender.
2411 b. Zip code of last known address primary residence.
2412 c. Primary language.
2413 d. Citizenship.
2414 e. Immigration status, if applicable.
2415 f. Whether the defendant has been found by a court to be
2416 indigent under pursuant to s. 27.52.
2417 13.12. Information related to the formal charges filed
2418 against the defendant, including:
2419 a. Charge description.
2420 b. Charge modifier description and statute, if applicable.
2421 c. Drug type for each drug charge, if known.
2422 d. Qualification for a flag designation as defined in this
2423 section, including a domestic violence flag, gang affiliation
2424 flag, sexual offender flag, habitual offender flag, habitual
2425 violent felony offender flag, or pretrial release violation
2426 flag, prison releasee reoffender flag, three-time violent felony
2427 offender flag, or violent career criminal flag.
2428 14.13. Information related to bail or bond and pretrial
2429 release determinations, including the dates of any such
2430 determinations:
2431 a. Pretrial release determination made at a first
2432 appearance hearing that occurs within 24 hours of arrest,
2433 including any all monetary and nonmonetary conditions of
2434 release.
2435 b. Modification of bail or bond conditions made by a court
2436 having jurisdiction to try the defendant or, in the absence of
2437 the judge of the trial court, by the circuit court, including
2438 modifications to any monetary and nonmonetary conditions of
2439 release.
2440 c. Cash bail or bond payment, including whether the
2441 defendant utilized a bond agent to post a surety bond.
2442 d. Date defendant is released on bail, bond, or pretrial
2443 release for the current case.
2444 e. Bail or bond revocation due to a new offense, a failure
2445 to appear, or a violation of the terms of bail or bond, if
2446 applicable.
2447 15.14. Information related to court dates and dates of
2448 motions and appearances, including:
2449 a. Date of any court appearance and the type of proceeding
2450 scheduled for each date reported.
2451 b. Date of any failure to appear in court, if applicable.
2452 c. Deferred prosecution or pretrial diversion hearing, if
2453 applicable Judicial transfer date, if applicable.
2454 d. Each scheduled trial date.
2455 e. Date that a defendant files a notice to participate in
2456 discovery.
2457 f. Speedy trial motion date and each hearing date dates, if
2458 applicable.
2459 g. Dismissal motion date and each hearing date dates, if
2460 applicable.
2461 16.15. Defense attorney type.
2462 17.16. Information related to sentencing, including:
2463 a. Date that a court enters a sentence against a defendant.
2464 b. Charge sentenced to, including charge sequence number,
2465 and charge description, statute, type, and charge class
2466 severity.
2467 c. Sentence type and length imposed by the court in the
2468 current case, reported in years, months, and days, including,
2469 but not limited to, the total duration of incarceration
2470 imprisonment in a county detention facility or state
2471 correctional institution or facility, and conditions of
2472 probation or community control supervision.
2473 d. Amount of time served in custody by the defendant
2474 related to each charge the reported criminal case that is
2475 credited at the time of disposition of the charge case to reduce
2476 the imposed actual length of time the defendant will serve on
2477 the term of incarceration imprisonment that is ordered by the
2478 court at disposition.
2479 e. Total amount of court costs fees imposed by the court at
2480 the disposition of the case.
2481 f. Outstanding balance of the defendant’s court fees
2482 imposed by the court at disposition of the case.
2483 f.g. Total amount of fines imposed by the court at the
2484 disposition of the case.
2485 h. Outstanding balance of the defendant’s fines imposed by
2486 the court at disposition of the case.
2487 g.i. Restitution amount ordered at sentencing, including
2488 the amount collected by the court and the amount paid to the
2489 victim, if applicable.
2490 j. Digitized sentencing scoresheet prepared in accordance
2491 with s. 921.0024.
2492 18.17. The sentencing judge or magistrate, or their
2493 equivalent number of judges or magistrates, or their
2494 equivalents, hearing cases in circuit or county criminal
2495 divisions of the circuit court. Judges or magistrates, or their
2496 equivalents, who solely hear appellate cases from the county
2497 criminal division are not to be reported under this
2498 subparagraph.
2499 (b) State attorney.—Each state attorney shall collect the
2500 following data:
2501 1. Information related to a human victim of a criminal
2502 offense, including:
2503 a. Identifying information of the victim, including race,
2504 or ethnicity, gender, and age at the time of the offense.
2505 b. Relationship to the offender, if any.
2506 2. Number of full-time prosecutors.
2507 3. Number of part-time prosecutors.
2508 4. Annual felony caseload.
2509 5. Annual misdemeanor caseload.
2510 6. Disposition of each referred charge, such as filed,
2511 declined, or diverted Any charge referred to the state attorney
2512 by a law enforcement agency related to an episode of criminal
2513 activity.
2514 7. Number of cases in which a no-information was filed.
2515 8. Information related to each defendant, including:
2516 a. Each charge referred to the state attorney by a law
2517 enforcement agency or sworn complainant related to an episode of
2518 criminal activity.
2519 b. Case number, name, and date of birth.
2520 c.b. Drug type for each drug charge, if applicable.
2521 d. Deferred prosecution or pretrial diversion agreement
2522 date, if applicable.
2523 (c) Public defender.—Each public defender shall collect the
2524 following data for each criminal case:
2525 1. Number of full-time public defenders.
2526 2. Number of part-time public defenders.
2527 3. Number of contract attorneys representing indigent
2528 defendants for the office of the public defender.
2529 4. Annual felony caseload.
2530 5. Annual felony conflict caseload.
2531 6.5. Annual misdemeanor caseload.
2532 7. Annual misdemeanor conflict caseload.
2533 (d) County detention facility.—The administrator of each
2534 county detention facility shall collect the following data:
2535 1. Maximum capacity for the county detention facility.
2536 2. Weekly admissions to the county detention facility for a
2537 revocation of probation or community control.
2538 3. Weekly admissions to the county detention facility for a
2539 revocation of pretrial release.
2540 4.3. Daily population of the county detention facility,
2541 including the specific number of inmates in the custody of the
2542 county that:
2543 a. Are awaiting case disposition.
2544 b. Have been sentenced by a court to a term of
2545 incarceration imprisonment in the county detention facility.
2546 c. Have been sentenced by a court to a term of imprisonment
2547 with the Department of Corrections and who are awaiting
2548 transportation to the department.
2549 d. Have a federal detainer, or are awaiting disposition of
2550 a case in federal court, or are awaiting other federal
2551 disposition.
2552 5.4. Information related to each inmate, including:
2553 a. Identifying information, including name, date of birth,
2554 race, ethnicity, gender, case number, and identification number
2555 assigned by the county detention facility.
2556 b.a. Date when an inmate a defendant is processed and
2557 booked into the county detention facility subsequent to an
2558 arrest for a new violation of law, or for a violation of
2559 probation or community control, or for a violation of pretrial
2560 release.
2561 c.b. Reason why an inmate a defendant is processed and
2562 booked into the county detention facility, including if it is
2563 for a new law violation, or a violation of probation or
2564 community control, or a violation of pretrial release.
2565 d.c. Qualification for a flag designation as defined in
2566 this section, including domestic violence flag, gang affiliation
2567 flag, habitual offender flag, habitual violent felony offender
2568 flag, pretrial release violation flag, or sexual offender flag,
2569 prison releasee reoffender flag, three-time violent felony
2570 offender flag, or violent career criminal flag.
2571 6.5. Total population of the county detention facility at
2572 year-end. This data must include the same specified
2573 classifications as subparagraph 3.
2574 7.6. Per diem rate for a county detention facility bed.
2575 8.7. Daily number of correctional officers for the county
2576 detention facility.
2577 9.8. Annual county detention facility budget. This
2578 information only needs to be reported once annually at the
2579 beginning of the county’s fiscal year.
2580 10.9. Annual revenue generated for the county from the
2581 temporary incarceration of federal defendants or inmates.
2582 (e) Department of Corrections.—The Department of
2583 Corrections shall collect the following data:
2584 1. Information related to each inmate, including:
2585 a. Identifying information, including name, date of birth,
2586 race, or ethnicity, gender, case number, and identification
2587 number assigned by the department.
2588 b. Number of children.
2589 c. Highest education level, including any vocational
2590 training.
2591 c.d. Date the inmate was admitted to the custody of the
2592 department for his or her current incarceration.
2593 d.e. Current institution placement and the security level
2594 assigned to the institution.
2595 e.f. Custody level assignment.
2596 f.g. Qualification for a flag designation as defined in
2597 this section, including sexual offender flag, habitual offender
2598 flag, habitual violent felony offender flag, prison releasee
2599 reoffender flag, three-time violent felony offender flag,
2600 violent career criminal flag, gang affiliation flag, or
2601 concurrent or consecutive sentence flag.
2602 g.h. County that committed the prisoner to the custody of
2603 the department.
2604 h.i. Whether the reason for admission to the department is
2605 for a new conviction or a violation of probation, community
2606 control, or parole. For an admission for a probation, community
2607 control, or parole violation, the department shall report
2608 whether the violation was technical or based on a new violation
2609 of law.
2610 i.j. Specific statutory citation for which the inmate was
2611 committed to the department, including, for an inmate convicted
2612 of drug trafficking under s. 893.135, the statutory citation for
2613 each specific drug trafficked.
2614 j. Length of sentence served.
2615 k. Length of sentence or concurrent or consecutive
2616 sentences served.
2617 l. Tentative release date.
2618 m. Gain time earned in accordance with s. 944.275.
2619 n. Prior incarceration within the state.
2620 o. Disciplinary violation and action.
2621 p. Participation in rehabilitative or educational programs
2622 while in the custody of the department.
2623 q. Digitized sentencing scoresheet prepared in accordance
2624 with s. 921.0024.
2625 2. Information about each state correctional institution or
2626 facility, including:
2627 a. Budget for each state correctional institution or
2628 facility.
2629 b. Daily prison population of all inmates incarcerated in a
2630 state correctional institution or facility.
2631 c. Daily number of correctional officers for each state
2632 correctional institution or facility.
2633 3. Information related to persons supervised by the
2634 department on probation or community control, including:
2635 a. Identifying information for each person supervised by
2636 the department on probation or community control, including his
2637 or her name, date of birth, race, or ethnicity, gender, case
2638 number sex, and department-assigned case number.
2639 b. Length of probation or community control sentence
2640 imposed and amount of time that has been served on such
2641 sentence.
2642 c. Projected termination date for probation or community
2643 control.
2644 d. Revocation of probation or community control due to a
2645 violation, including whether the revocation is due to a
2646 technical violation of the conditions of supervision or from the
2647 commission of a new law violation.
2648 4. Per diem rates for:
2649 a. Prison bed.
2650 b. Probation.
2651 c. Community control.
2652
2653 This information only needs to be reported once annually at the
2654 time the most recent per diem rate is published.
2655 (f) Justice Administrative Commission.—The Justice
2656 Administrative Commission shall collect the following data:
2657 1. Number of private registry attorneys representing
2658 indigent adult defendants.
2659 2. Annual felony caseload assigned to private registry
2660 contract attorneys.
2661 3. Annual misdemeanor caseload assigned to private registry
2662 contract attorneys.
2663 (g) Criminal regional conflict counsel.—Each office of
2664 criminal regional conflict counsel shall report the following
2665 data:
2666 1. Number of full-time assistant regional conflict counsel
2667 handling criminal cases.
2668 2. Number of part-time assistant regional conflict counsel
2669 handling criminal cases.
2670 3. Number of contract attorneys representing indigent adult
2671 defendants.
2672 4. Annual felony caseload.
2673 5. Annual felony caseload assigned to contract attorneys.
2674 6. Annual felony conflict caseload.
2675 7. Annual misdemeanor caseload.
2676 8. Annual misdemeanor caseload assigned to contract
2677 attorneys.
2678 9. Annual misdemeanor conflict caseload.
2679 (4) DATA PUBLICLY AVAILABLE.—Beginning January 1, 2019, The
2680 Department of Law Enforcement shall publish datasets in its
2681 possession in a modern, open, electronic format that is machine
2682 readable and readily accessible by the public on the
2683 department’s website. The published data must be searchable, at
2684 a minimum, by each data elements element, county, circuit, and
2685 unique identifier. Beginning March 1, 2019, the department shall
2686 publish begin publishing the data received under subsection (3)
2687 (2) in the same modern, open, electronic format that is machine
2688 readable and readily accessible to the public on the
2689 department’s website. The department shall publish all data
2690 received under subsection (3) (2) no later than January 1, 2020,
2691 and monthly thereafter July 1, 2019.
2692 (5) NONCOMPLIANCE.—Notwithstanding any other provision of
2693 law, an entity required to collect and transmit data under
2694 subsection (3) paragraph (3)(a) or paragraph (3)(d) which does
2695 not comply with the requirements of this section is ineligible
2696 to receive funding from the General Appropriations Act, any
2697 state grant program administered by the Department of Law
2698 Enforcement, or any other state agency for 5 years after the
2699 date of noncompliance.
2700 (6) CONFIDENTIALITY.—Information collected by any reporting
2701 agency which is confidential and exempt upon collection remains
2702 confidential and exempt when reported to the Department of Law
2703 Enforcement under this section.
2704 Section 47. Section 943.0578, Florida Statutes, is created
2705 to read:
2706 943.0578 Lawful self-defense expunction.—
2707 (1) Notwithstanding the eligibility requirements defined in
2708 s. 943.0585(1) and (2), the department shall issue a certificate
2709 of eligibility for expunction under this section to a person who
2710 is the subject of a criminal history record if that person has
2711 obtained, and submitted to the department, on a form provided by
2712 the department, a written, certified statement from the
2713 appropriate state attorney or statewide prosecutor which states
2714 whether an information, indictment, or other charging document
2715 was not filed or was dismissed by the state attorney, or
2716 dismissed by the court, because it was found that the person
2717 acted in lawful self-defense pursuant to chapter 776.
2718 (2) Each petition to expunge a criminal history record
2719 pursuant to this section must be accompanied by:
2720 (a) A valid certificate of eligibility for expunction
2721 issued by the department pursuant to this section; and
2722 (b) The petitioner’s sworn statement attesting that the
2723 petitioner is eligible for such an expunction to the best of his
2724 or her knowledge or belief.
2725
2726 Any person who knowingly provides false information on such
2727 sworn statement to the court commits a felony of the third
2728 degree, punishable as provided in s. 775.082, s. 775.083, or s.
2729 775.084.
2730 (3) This section does not confer any right to the
2731 expunction of a criminal history record, and any request for
2732 expunction of a criminal history record may be denied at the
2733 discretion of the court.
2734 (4) Sections 943.0585(5) and (6) apply to an expunction
2735 ordered under this section.
2736 (5) The department shall adopt rules to establish
2737 procedures for applying for and issuing a certificate of
2738 eligibility for expunction under this section.
2739 Section 48. Section 943.0581, Florida Statutes, is amended
2740 to read:
2741 943.0581 Administrative expunction for arrests made
2742 contrary to law or by mistake.—
2743 (1) Notwithstanding any law dealing generally with the
2744 preservation and destruction of public records, the department
2745 may adopt a rule pursuant to chapter 120 for the administrative
2746 expunction of any nonjudicial record of an arrest of a minor or
2747 an adult made contrary to law or by mistake.
2748 (2) A law enforcement agency shall apply to the department
2749 in the manner prescribed by rule for the administrative
2750 expunction of any nonjudicial record of any arrest of a minor or
2751 an adult who is subsequently determined by the agency, at its
2752 discretion, or by the final order of a court of competent
2753 jurisdiction, to have been arrested contrary to law or by
2754 mistake.
2755 (3) An adult or, in the case of a minor child, the parent
2756 or legal guardian of the minor child, may apply to the
2757 department in the manner prescribed by rule for the
2758 administrative expunction of any nonjudicial record of an arrest
2759 alleged to have been made contrary to law or by mistake,
2760 provided that the application is supported by the endorsement of
2761 the head of the arresting agency or his or her designee or the
2762 state attorney of the judicial circuit in which the arrest
2763 occurred or his or her designee.
2764 (4) An application for administrative expunction shall
2765 include the date and time of the arrest, the name of the person
2766 arrested, the offender-based tracking system (OBTS) number, and
2767 the crime or crimes charged. The application shall be on the
2768 submitting agency’s letterhead and shall be signed by the head
2769 of the submitting agency or his or her designee.
2770 (5) If the person was arrested on a warrant, capias, or
2771 pickup order, a request for an administrative expunction may be
2772 made by the sheriff of the county in which the warrant, capias,
2773 or pickup order was issued or his or her designee or by the
2774 state attorney of the judicial circuit in which the warrant,
2775 capias, or pickup order was issued or his or her designee.
2776 (6) An application or endorsement under this section is not
2777 admissible as evidence in any judicial or administrative
2778 proceeding and may not be construed in any way as an admission
2779 of liability in connection with an arrest.
2780 Section 49. Section 943.0584, Florida Statutes, is created
2781 to read:
2782 943.0584 Criminal history records ineligible for court
2783 ordered expunction or court-ordered sealing.—
2784 (1) As used in this section, the term “conviction” means a
2785 determination of guilt which is the result of a trial or the
2786 entry of a plea of guilty or nolo contendere, regardless of
2787 whether adjudication is withheld, or if the defendant was a
2788 minor, a finding that the defendant committed or pled guilty or
2789 nolo contendere to committing a delinquent act, regardless of
2790 whether adjudication of delinquency is withheld.
2791 (2) A criminal history record is ineligible for a
2792 certificate of eligibility for expunction or a court-ordered
2793 expunction pursuant to s. 943.0585 or a certificate of
2794 eligibility for sealing or a court-ordered sealing pursuant to
2795 s. 943.059 if the record is a conviction for any of the
2796 following offenses:
2797 (a) Sexual misconduct, as defined in s. 393.135, s.
2798 394.4593, or s. 916.1075;
2799 (b) Illegal use of explosives, as defined in chapter 552;
2800 (c) Terrorism, as defined in s. 775.30;
2801 (d) Murder, as defined in s. 782.04, s. 782.065, or s.
2802 782.09;
2803 (e) Manslaughter or homicide, as defined in s. 782.07, s.
2804 782.071, or s. 782.072;
2805 (f) Assault or battery, as defined in ss. 784.011 and
2806 784.03, respectively, of one family or household member by
2807 another family or household member, as defined in s. 741.28(3);
2808 (g) Aggravated assault, as defined in s. 784.021;
2809 (h) Felony battery, domestic battery by strangulation, or
2810 aggravated battery, as defined in s. 784.03, s. 784.041, and s.
2811 784.045, respectively;
2812 (i) Stalking or aggravated stalking, as defined in s.
2813 784.048;
2814 (j) Luring or enticing a child, as defined in s. 787.025;
2815 (k) Human trafficking, as defined in s. 787.06;
2816 (l) Kidnapping or false imprisonment, as defined in s.
2817 787.01 or s. 787.02;
2818 (m) Any offense defined in chapter 794;
2819 (n) Procuring a person less than 18 years of age for
2820 prostitution, as defined in former s. 796.03;
2821 (o) Lewd or lascivious offenses committed upon or in the
2822 presence of persons less than 16 years of age, as defined in s.
2823 800.04;
2824 (p) Arson, as defined in s. 806.01;
2825 (q) Burglary of a dwelling, as defined in s. 810.02;
2826 (r) Voyeurism or video voyeurism, as defined in s. 810.14
2827 and s. 810.145, respectively;
2828 (s) Robbery or robbery by sudden snatching, as defined in
2829 s. 812.13 and s. 812.131, respectively;
2830 (t) Carjacking, as defined in s. 812.133;
2831 (u) Home-invasion robbery, as defined in s. 812.135;
2832 (v) A violation of the Florida Communications Fraud Act, as
2833 provided in s. 817.034;
2834 (w) Abuse of an elderly person or disabled adult, or
2835 aggravated abuse of an elderly person or disabled adult, as
2836 defined in s. 825.102;
2837 (x) Lewd or lascivious offenses committed upon or in the
2838 presence of an elderly person or disabled person, as defined in
2839 s. 825.1025;
2840 (y) Child abuse or aggravated child abuse, as defined in s.
2841 827.03;
2842 (z) Sexual performance by a child, as defined in s.
2843 827.071;
2844 (aa) Any offense defined in chapter 839;
2845 (bb) Certain acts in connection with obscenity, as defined
2846 in s. 847.0133;
2847 (cc) Any offense defined in s. 847.0135;
2848 (dd) Selling or buying of minors, as defined in s.
2849 847.0145;
2850 (ee) Aircraft piracy, as defined in s. 860.16;
2851 (ff) Manufacturing a controlled substance in violation of
2852 chapter 893;
2853 (gg) Drug trafficking, as defined in s. 893.135; or
2854 (hh) Any violation specified as a predicate offense for
2855 registration as a sexual predator pursuant to s. 775.21, or
2856 sexual offender pursuant to s. 943.0435, without regard to
2857 whether that offense alone is sufficient to require such
2858 registration.
2859 Section 50. Section 943.0585, Florida Statutes, is amended
2860 to read:
2861 (Substantial rewording of section. See
2862 s. 943.0585, F.S., for present text.)
2863 943.0585 Court-ordered expunction of criminal history
2864 records.—
2865 (1) ELIGIBILITY.—A person is eligible to petition a court
2866 to expunge a criminal history record if:
2867 (a) An indictment, information, or other charging document
2868 was not filed or issued in the case giving rise to the criminal
2869 history record.
2870 (b) An indictment, information, or other charging document
2871 was filed or issued in the case giving rise to the criminal
2872 history record, was dismissed or nolle prosequi by the state
2873 attorney or statewide prosecutor, or was dismissed by a court of
2874 competent jurisdiction or a judgment of acquittal was rendered
2875 by a judge, or a verdict of not guilty was rendered by a judge
2876 or jury.
2877 (c) The person is not seeking to expunge a criminal history
2878 record that is ineligible for court-ordered expunction under s.
2879 943.0584.
2880 (d) The person has never, as of the date the application
2881 for a certificate of expunction is filed, been adjudicated
2882 guilty in this state of a criminal offense or been adjudicated
2883 delinquent in this state for committing any felony or any of the
2884 following misdemeanors, unless the record of such adjudication
2885 of delinquency has been expunged pursuant to s. 943.0515:
2886 1. Assault, as defined in s. 784.011;
2887 2. Battery, as defined in s. 784.03;
2888 3. Assault on a law enforcement officer, a firefighter, or
2889 other specified officers, as defined in s. 784.07(2)(a);
2890 4. Carrying a concealed weapon, as defined in s. 790.01(1);
2891 5. Open carrying of a weapon, as defined in s. 790.053;
2892 6. Unlawful possession or discharge of a weapon or firearm
2893 at a school-sponsored event or on school property, as defined in
2894 s. 790.115;
2895 7. Unlawful use of destructive devices or bombs, as defined
2896 in s. 790.1615(1);
2897 8. Unlawful possession of a firearm, as defined in s.
2898 790.22(5);
2899 9. Exposure of sexual organs, as defined in s. 800.03;
2900 10. Arson, as defined in s. 806.031(1);
2901 11. Petit theft, as defined in s. 812.014(3);
2902 12. Neglect of a child, as defined in s. 827.03(1)(e); or
2903 13. Cruelty to animals, as defined in s. 828.12(1).
2904 (e) The person has not been adjudicated guilty of, or
2905 adjudicated delinquent for committing, any of the acts stemming
2906 from the arrest or alleged criminal activity to which the
2907 petition pertains.
2908 (f) The person is no longer under court supervision
2909 applicable to the disposition of arrest or alleged criminal
2910 activity to which the petition to expunge pertains.
2911 (g) The person has never secured a prior sealing or
2912 expunction of a criminal history record under this section, s.
2913 943.059, former s. 893.14, former s. 901.33, or former s.
2914 943.058, unless expunction is sought of a criminal history
2915 record previously sealed for 10 years pursuant to paragraph (h)
2916 and the record is otherwise eligible for expunction.
2917 (h) The person has previously obtained a court-ordered
2918 sealing the criminal history record under s. 943.059, former s.
2919 893.14, former s. 901.33, or former s. 943.058 for a minimum of
2920 10 years because adjudication was withheld or because all
2921 charges related to the arrest or alleged criminal activity to
2922 which the petition to expunge pertains were not dismissed before
2923 trial, without regard to whether the outcome of the trial was
2924 other than an adjudication of guilt. The requirement for the
2925 record to have previously been sealed for a minimum of 10 years
2926 does not apply if a plea was not entered or all charges related
2927 to the arrest or alleged criminal activity to which the petition
2928 to expunge pertains were dismissed before trial or a judgment of
2929 acquittal was rendered by a judge or a verdict of not guilty was
2930 rendered by a judge or jury.
2931 (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court
2932 to expunge a criminal history record, a person seeking to
2933 expunge a criminal history record must apply to the department
2934 for a certificate of eligibility for expunction. The department
2935 shall adopt rules to establish procedures for applying for and
2936 issuing a certificate of eligibility for expunction.
2937 (a) The department shall issue a certificate of eligibility
2938 for expunction to a person who is the subject of a criminal
2939 history record if that person:
2940 1. Satisfies the eligibility criteria in paragraphs (1)(a)
2941 (h) and is not ineligible under s. 943.0584.
2942 2. Has submitted to the department a written certified
2943 statement from the appropriate state attorney or statewide
2944 prosecutor which confirms the criminal history record complies
2945 with the criteria in paragraph (1)(a) or paragraphs (1)(b) and
2946 (c).
2947 3. Has submitted to the department a certified copy of the
2948 disposition of the charge to which the petition to expunge
2949 pertains.
2950 4. Remits a $75 processing fee to the department for
2951 placement in the Department of Law Enforcement Operating Trust
2952 Fund, unless the executive director waives such fee.
2953 (b) A certificate of eligibility for expunction is valid
2954 for 12 months after the date stamped on the certificate when
2955 issued by the department. After that time, the petitioner must
2956 reapply to the department for a new certificate of eligibility.
2957 The petitioner’s status and the law in effect at the time of the
2958 renewal application determine the petitioner’s eligibility.
2959 (3) PETITION.—Each petition to expunge a criminal history
2960 record must be accompanied by:
2961 (a) A valid certificate of eligibility issued by the
2962 department.
2963 (b) The petitioner’s sworn statement that he or she:
2964 1. Satisfies the eligibility requirements for expunction in
2965 subsection (1).
2966 2. Is eligible for expunction to the best of his or her
2967 knowledge and does not have any other petition to seal or
2968 expunge a criminal history record pending before any court.
2969
2970 A person who knowingly provides false information on such sworn
2971 statement commits a felony of the third degree, punishable as
2972 provided in s. 775.082, s. 775.083, or s. 775.084.
2973 (4) COURT AUTHORITY.—
2974 (a) The courts of this state have jurisdiction over their
2975 own procedures, including the maintenance, expunction, and
2976 correction of judicial records containing criminal history
2977 information to the extent that such procedures are not
2978 inconsistent with the conditions, responsibilities, and duties
2979 established by this section.
2980 (b) A court of competent jurisdiction may order a criminal
2981 justice agency to expunge the criminal history record of a minor
2982 or an adult who complies with the requirements of this section.
2983 The court may not order a criminal justice agency to expunge a
2984 criminal history record until the person seeking to expunge a
2985 criminal history record has applied for and received a
2986 certificate of eligibility under subsection (2).
2987 (c) The court may order expunction of a criminal history
2988 record pertaining to one arrest or one incident of alleged
2989 criminal activity only, except that the court may order the
2990 expunction of a criminal history record pertaining to more than
2991 one arrest if the additional arrests directly relate to the
2992 original arrest. If the court intends to order the expunction of
2993 records pertaining to such additional arrests, such intent must
2994 be specified in the order. A criminal justice agency may not
2995 expunge any record pertaining to such additional arrests if the
2996 order to expunge does not articulate the intention of the court
2997 to expunge a record pertaining to more than one arrest. This
2998 section does not prevent the court from ordering the expunction
2999 of only a portion of a criminal history record pertaining to one
3000 arrest or one incident of alleged criminal activity.
3001 (d) Notwithstanding any law to the contrary, a criminal
3002 justice agency may comply with laws, court orders, and official
3003 requests of other jurisdictions relating to expunction,
3004 correction, or confidential handling of criminal history records
3005 or information derived therefrom.
3006 (e) This section does not confer any right to expunction of
3007 any criminal history record, and any request for expunction of a
3008 criminal history record may be denied at the sole discretion of
3009 the court.
3010 (5) PROCESSING OF A PETITION OR AN ORDER.—
3011 (a) In judicial proceedings under this section, a copy of
3012 the completed petition to expunge shall be served upon the
3013 appropriate state attorney or the statewide prosecutor and upon
3014 the arresting agency; however, it is not necessary to make any
3015 agency other than the state a party. The appropriate state
3016 attorney or the statewide prosecutor and the arresting agency
3017 may respond to the court regarding the completed petition to
3018 expunge.
3019 (b) If relief is granted by the court, the clerk of the
3020 court shall certify copies of the order to the appropriate state
3021 attorney or the statewide prosecutor and the arresting agency.
3022 The arresting agency shall forward the order to any other agency
3023 to which the arresting agency disseminated the criminal history
3024 record information to which the order pertains. The department
3025 shall forward the order to expunge to the Federal Bureau of
3026 Investigation. The clerk of the court shall certify a copy of
3027 the order to any other agency which the records of the court
3028 reflect has received the criminal history record from the court.
3029 (c) The department or any other criminal justice agency is
3030 not required to act on an order to expunge entered by a court
3031 when such order does not comply with the requirements of this
3032 section. Upon receipt of such an order, the department must
3033 notify the issuing court, the appropriate state attorney or
3034 statewide prosecutor, the petitioner or the petitioner’s
3035 attorney, and the arresting agency of the reason for
3036 noncompliance. The appropriate state attorney or statewide
3037 prosecutor shall take action within 60 days to correct the
3038 record and petition the court to void the order. No cause of
3039 action, including contempt of court, shall arise against any
3040 criminal justice agency for failure to comply with an order to
3041 expunge when the petitioner for such order failed to obtain the
3042 certificate of eligibility as required by this section or such
3043 order does not otherwise comply with the requirements of this
3044 section.
3045 (6) EFFECT OF EXPUNCTION ORDER.—
3046 (a) Any criminal history record of a minor or an adult
3047 which is ordered expunged by a court of competent jurisdiction
3048 pursuant to this section must be physically destroyed or
3049 obliterated by any criminal justice agency having custody of
3050 such record, except that any criminal history record in the
3051 custody of the department must be retained in all cases. A
3052 criminal history record ordered expunged which is retained by
3053 the department is confidential and exempt from s. 119.07(1) and
3054 s. 24(a), Art. I of the State Constitution and not available to
3055 any person or entity except upon order of a court of competent
3056 jurisdiction. A criminal justice agency may retain a notation
3057 indicating compliance with an order to expunge.
3058 (b) The person who is the subject of a criminal history
3059 record that is expunged under this section or under other
3060 provisions of law, including former s. 893.14, former s. 901.33,
3061 and former s. 943.058, may lawfully deny or fail to acknowledge
3062 the arrests covered by the expunged record, except when the
3063 subject of the record:
3064 1. Is a candidate for employment with a criminal justice
3065 agency;
3066 2. Is a defendant in a criminal prosecution;
3067 3. Concurrently or subsequently petitions for relief under
3068 this section, s. 943.0583, or s. 943.059;
3069 4. Is a candidate for admission to The Florida Bar;
3070 5. Is seeking to be employed or licensed by or to contract
3071 with the Department of Children and Families, the Division of
3072 Vocational Rehabilitation within the Department of Education,
3073 the Agency for Health Care Administration, the Agency for
3074 Persons with Disabilities, the Department of Health, the
3075 Department of Elderly Affairs, or the Department of Juvenile
3076 Justice or to be employed or used by such contractor or licensee
3077 in a sensitive position having direct contact with children, the
3078 disabled, or the elderly;
3079 6. Is seeking to be employed or licensed by the Department
3080 of Education, any district school board, any university
3081 laboratory school, any charter school, any private or parochial
3082 school, or any local governmental entity that licenses child
3083 care facilities;
3084 7. Is seeking to be licensed by the Division of Insurance
3085 Agent and Agency Services within the Department of Financial
3086 Services; or
3087 8. Is seeking to be appointed as a guardian pursuant to s.
3088 744.3125.
3089 (c) Subject to the exceptions in paragraph (b), a person
3090 who has been granted an expunction under this section, former s.
3091 893.14, former s. 901.33, or former s. 943.058 may not be held
3092 under any provision of law of this state to commit perjury or to
3093 be otherwise liable for giving a false statement by reason of
3094 such person’s failure to recite or acknowledge an expunged
3095 criminal history record.
3096 (d) Information relating to the existence of an expunged
3097 criminal history record which is provided in accordance with
3098 paragraph (a) is confidential and exempt from s. 119.07(1) and
3099 s. 24(a), Art. I of the State Constitution, except that the
3100 department shall disclose the existence of a criminal history
3101 record ordered expunged to the entities set forth in
3102 subparagraphs (b)1., 4., 5., 6., 7., and 8. for their respective
3103 licensing, access authorization, and employment purposes and to
3104 criminal justice agencies for their respective criminal justice
3105 purposes. It is unlawful for any employee of an entity set forth
3106 in subparagraph (b)1., 4., 5., 6., 7., or 8. to disclose
3107 information relating to the existence of an expunged criminal
3108 history record of a person seeking employment, access
3109 authorization, or licensure with such entity or contractor,
3110 except to the person to whom the criminal history record relates
3111 or to persons having direct responsibility for employment,
3112 access authorization, or licensure decisions. A person who
3113 violates this paragraph commits a misdemeanor of the first
3114 degree, punishable as provided in s. 775.082 or s. 775.083.
3115 Section 51. Section 943.059, Florida Statutes, is amended
3116 to read:
3117 (Substantial rewording of section. See
3118 s. 943.059, F.S., for present text.)
3119 943.059 Court-ordered sealing of criminal history records.—
3120 (1) ELIGIBILITY.—A person is eligible to petition a court
3121 to seal a criminal history record when:
3122 (a) The criminal history record is not ineligible for
3123 court-ordered sealing under s. 943.0584.
3124 (b) The person has never, before the date the application
3125 for a certificate of eligibility is filed, been adjudicated
3126 guilty in this state of a criminal offense, or been adjudicated
3127 delinquent in this state for committing any felony or any of the
3128 following misdemeanor offenses, unless the record of such
3129 adjudication of delinquency has been expunged pursuant to s.
3130 943.0515:
3131 1. Assault, as defined in s. 784.011;
3132 2. Battery, as defined in s. 784.03;
3133 3. Assault on a law enforcement officer, a firefighter, or
3134 other specified officers, as defined in s. 784.07(2)(a);
3135 4. Carrying a concealed weapon, as defined in s. 790.01(1);
3136 5. Open carrying of a weapon, as defined in s. 790.053;
3137 6. Unlawful possession or discharge of a weapon or firearm
3138 at a school-sponsored event or on school property, as defined in
3139 s. 790.115;
3140 7. Unlawful use of destructive devices or bombs, as defined
3141 in s. 790.1615(1);
3142 8. Unlawful possession of a firearm by a minor, as defined
3143 in s. 790.22(5);
3144 9. Exposure of sexual organs, as defined in s. 800.03;
3145 10. Arson, as defined in s. 806.031(1);
3146 11. Petit theft, as defined in s. 812.014(3);
3147 12. Neglect of a child, as defined in s. 827.03(1)(e); or
3148 13. Cruelty to animals, as defined in s. 828.12(10).
3149 (c) The person has not been adjudicated guilty of, or
3150 adjudicated delinquent for committing, any of the acts stemming
3151 from the arrest or alleged criminal activity to which the
3152 petition to seal pertains.
3153 (d) The person is no longer under court supervision
3154 applicable to the disposition of arrest or alleged criminal
3155 activity to which the petition to seal pertains.
3156 (e) The person has never secured a prior sealing or
3157 expunction of a criminal history record under this section, s.
3158 943.0585, former s. 893.14, former s. 901.33, or former s.
3159 943.058.
3160 (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning the
3161 court to seal a criminal history record, a person seeking to
3162 seal a criminal history record must apply to the department for
3163 a certificate of eligibility for sealing. The department shall
3164 adopt rules relating to the application for and issuance of
3165 certificates of eligibility for sealing.
3166 (a) The department shall issue a certificate of eligibility
3167 for sealing to a person who is the subject of a criminal history
3168 record if that person:
3169 1. Satisfies the eligibility criteria in paragraphs (1)(a)
3170 (e) and is not ineligible for court-ordered sealing under s.
3171 943.0584.
3172 2. Has submitted to the department a certified copy of the
3173 disposition of charge to which the petition pertains.
3174 3. Remits a $75 processing fee to the department for
3175 placement in the Department of Law Enforcement Operating Trust
3176 Fund, unless the executive director waives such fee.
3177 (b) A certificate of eligibility for sealing is valid for
3178 12 months after the date stamped on the certificate when issued
3179 by the department. After that time, the petitioner must reapply
3180 to the department for a new certificate of eligibility. The
3181 status of the applicant and the law in effect at the time of the
3182 renewal application determine the petitioner’s eligibility.
3183 (3) PETITION.—Each petition to a court to seal a criminal
3184 history record is complete only when accompanied by:
3185 (a) A valid certificate of eligibility issued by the
3186 department pursuant to this section.
3187 (b) The petitioner’s sworn statement that the petitioner:
3188 1. Satisfies the eligibility requirements for sealing in
3189 subsection (1).
3190 2. Is eligible for sealing to the best of his or her
3191 knowledge and does not have any other petition to seal or
3192 expunge a criminal history record pending before any court.
3193
3194 Any person who knowingly provides false information on such
3195 sworn statement to the court commits a felony of the third
3196 degree, punishable as provided in s. 775.082, s. 775.083, or s.
3197 775.084.
3198 (4) COURT AUTHORITY.—
3199 (a) The courts of this state have jurisdiction over their
3200 own procedures, including the maintenance, sealing, and
3201 correction of judicial records containing criminal history
3202 information to the extent that such procedures are not
3203 inconsistent with the conditions, responsibilities, and duties
3204 established by this section.
3205 (b) Any court of competent jurisdiction may order a
3206 criminal justice agency to seal the criminal history record of a
3207 minor or an adult who complies with the requirements of this
3208 section. The court may not order a criminal justice agency to
3209 seal a criminal history record until the person seeking to seal
3210 a criminal history record has applied for and received a
3211 certificate of eligibility pursuant to subsection (2).
3212 (c) The court may order the sealing of a criminal history
3213 record pertaining to one arrest or one incident of alleged
3214 criminal activity only, except the court may order the sealing
3215 of a criminal history record pertaining to more than one arrest
3216 if the additional arrests directly relate to the original
3217 arrest. If the court intends to order the sealing of records
3218 pertaining to such additional arrests, such intent must be
3219 specified in the order. A criminal justice agency may not seal
3220 any record pertaining to such additional arrests if the order to
3221 seal does not articulate the intention of the court to seal a
3222 record pertaining to more than one arrest. This section does not
3223 prevent the court from ordering the sealing of only a portion of
3224 a criminal history record pertaining to one arrest or one
3225 incident of alleged criminal activity.
3226 (d) Notwithstanding any law to the contrary, a criminal
3227 justice agency may comply with laws, court orders, and official
3228 requests of other jurisdictions relating to sealing, correction,
3229 or confidential handling of criminal history records or
3230 information derived therefrom.
3231 (e) This section does not confer any right to the sealing
3232 of any criminal history record, and any request for sealing of a
3233 criminal history record may be denied at the sole discretion of
3234 the court.
3235 (5) PROCESSING OF A PETITION OR ORDER.—
3236 (a) In judicial proceedings under this section, a copy of
3237 the completed petition to seal shall be served upon the
3238 appropriate state attorney or the statewide prosecutor and upon
3239 the arresting agency; however, it is not necessary to make any
3240 agency other than the state a party. The appropriate state
3241 attorney or the statewide prosecutor and the arresting agency
3242 may respond to the court regarding the completed petition to
3243 seal.
3244 (b) If relief is granted by the court, the clerk of the
3245 court shall certify copies of the order to the appropriate state
3246 attorney or the statewide prosecutor and the arresting agency.
3247 The arresting agency is responsible for forwarding the order to
3248 any other agency to which the arresting agency disseminated the
3249 criminal history record information to which the order pertains.
3250 The department shall forward the order to seal to the Federal
3251 Bureau of Investigation. The clerk of the court shall certify a
3252 copy of the order to any other agency that the records of the
3253 court reflect has received the criminal history record from the
3254 court.
3255 (c) The department or any other criminal justice agency is
3256 not required to act on an order to seal entered by a court when
3257 such order does not comply with the requirements of this
3258 section. Upon receipt of such an order, the department must
3259 notify the issuing court, the appropriate state attorney or
3260 statewide prosecutor, the petitioner or the petitioner’s
3261 attorney, and the arresting agency of the reason for
3262 noncompliance. The appropriate state attorney or statewide
3263 prosecutor shall take action within 60 days to correct the
3264 record and petition the court to void the order. No cause of
3265 action, including contempt of court, shall arise against any
3266 criminal justice agency for failure to comply with an order to
3267 seal when the petitioner for such order failed to obtain the
3268 certificate of eligibility as required by this section or such
3269 order does not otherwise comply with the requirements of this
3270 section.
3271 (6) EFFECT OF ORDER.—
3272 (a) A criminal history record of a minor or an adult which
3273 is ordered sealed by a court pursuant to this section is
3274 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
3275 of the State Constitution and is available only to the following
3276 persons:
3277 1. The subject of the record;
3278 2. The subject’s attorney;
3279 3. Criminal justice agencies for their respective criminal
3280 justice purposes, which include conducting a criminal history
3281 background check for approval of firearms purchases or transfers
3282 as authorized by state or federal law;
3283 4. Judges in the state courts system for the purpose of
3284 assisting them in their case-related decisionmaking
3285 responsibilities, as set forth in s. 943.053(5); or
3286 5. To those entities set forth in subparagraphs (b)1., 4.,
3287 5., 6., 8., 9., and 10. for their respective licensing access
3288 authorization and employment purposes.
3289 (b) The subject of the criminal history record sealed under
3290 this section or under other provisions of law, including former
3291 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
3292 deny or fail to acknowledge the arrests covered by the sealed
3293 record, except when the subject of the record:
3294 1. Is a candidate for employment with a criminal justice
3295 agency;
3296 2. Is a defendant in a criminal prosecution;
3297 3. Concurrently or subsequently petitions for relief under
3298 this section, s. 943.0583, or s. 943.0585;
3299 4. Is a candidate for admission to The Florida Bar;
3300 5. Is seeking to be employed or licensed by or to contract
3301 with the Department of Children and Families, the Division of
3302 Vocational Rehabilitation within the Department of Education,
3303 the Agency for Health Care Administration, the Agency for
3304 Persons with Disabilities, the Department of Health, the
3305 Department of Elderly Affairs, or the Department of Juvenile
3306 Justice or to be employed or used by such contractor or licensee
3307 in a sensitive position having direct contact with children, the
3308 disabled, or the elderly;
3309 6. Is seeking to be employed or licensed by the Department
3310 of Education, a district school board, a university laboratory
3311 school, a charter school, a private or parochial school, or a
3312 local governmental entity that licenses child care facilities;
3313 7. Is attempting to purchase a firearm from a licensed
3314 importer, licensed manufacturer, or licensed dealer and is
3315 subject to a criminal history check under state or federal law;
3316 8. Is seeking to be licensed by the Division of Insurance
3317 Agent and Agency Services within the Department of Financial
3318 Services;
3319 9. Is seeking to be appointed as a guardian pursuant to s.
3320 744.3125; or
3321 10. Is seeking to be licensed by the Bureau of License
3322 Issuance of the Division of Licensing within the Department of
3323 Agriculture and Consumer Services to carry a concealed weapon or
3324 concealed firearm. This subparagraph applies only in the
3325 determination of an applicant’s eligibility under s. 790.06.
3326 (c) Subject to the exceptions in paragraph (b), a person
3327 who has been granted a sealing under this section, former s.
3328 893.14, former s. 901.33, or former s. 943.058 may not be held
3329 under any provision of law of this state to commit perjury or to
3330 be otherwise liable for giving a false statement by reason of
3331 such person’s failure to recite or acknowledge a sealed criminal
3332 history record.
3333 (d) Information relating to the existence of a sealed
3334 criminal history record provided in accordance with paragraph
3335 (b) is confidential and exempt from s. 119.07(1) and s. 24(a),
3336 Art. I of the State Constitution, except that the department
3337 shall disclose the sealed criminal history record to the
3338 entities set forth in subparagraphs (b)1., 4., 5., 6., 8., 9.,
3339 and 10. for their respective licensing, access authorization,
3340 and employment purposes. An employee of an entity set forth in
3341 subparagraph (b)1., (b)4., (b)5., (b)6., (b)8., (b)9., or (b)10.
3342 may not disclose information relating to the existence of a
3343 sealed criminal history record of a person seeking employment,
3344 access authorization, or licensure with such entity or
3345 contractor, except to the person to whom the criminal history
3346 record relates or to persons having direct responsibility for
3347 employment, access authorization, or licensure decisions. A
3348 person who violates this paragraph commits a misdemeanor of the
3349 first degree, punishable as provided in s. 775.082 or s.
3350 775.083.
3351 Section 52. Section 943.0595, Florida Statutes, is created
3352 to read:
3353 943.0595 Automatic sealing of criminal history records.—
3354 (1) RULEMAKING.—Notwithstanding any law dealing generally
3355 with the preservation and destruction of public records, the
3356 department shall adopt rules addressing the automatic sealing of
3357 any criminal history record of a minor or adult described in
3358 this section.
3359 (2) ELIGIBILITY.—
3360 (a) The department shall automatically seal a criminal
3361 history record that does not result from an indictment,
3362 information, or other charging document for a forcible felony as
3363 defined in s. 776.08 or for an offense enumerated in s.
3364 943.0435(1)(h)1.a.(I), if:
3365 1. An indictment, information, or other charging document
3366 was not filed or issued in the case giving rise to the criminal
3367 history record.
3368 2. An indictment, information, or other charging document
3369 was filed in the case giving rise to the criminal history
3370 record, but was dismissed or nolle prosequi by the state
3371 attorney or statewide prosecutor or was dismissed by a court of
3372 competent jurisdiction. However, a person is not eligible for
3373 automatic sealing under this section if the dismissal was
3374 pursuant to s. 916.145 or s. 985.19.
3375 3. A not guilty verdict was rendered by a judge or jury.
3376 However, a person is not eligible for automatic sealing under
3377 this section if the defendant was found not guilty by reason of
3378 insanity.
3379 4. A judgment of acquittal was rendered by a judge.
3380 (b) There is no limitation on the number of times a person
3381 may obtain an automatic sealing for a criminal history record
3382 described in paragraph (a).
3383 (3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.—
3384 (a) Upon the disposition of a criminal case resulting in a
3385 criminal history record eligible for automatic sealing under
3386 paragraph (2)(a), the clerk of the court shall transmit a
3387 certified copy of the disposition of the criminal history record
3388 to the department, which shall seal the criminal history record
3389 upon receipt of the certified copy.
3390 (b) Automatic sealing of a criminal history record does not
3391 require sealing by the court or other criminal justice agencies,
3392 or that such record be surrendered to the court, and such record
3393 shall continue to be maintained by the department and other
3394 criminal justice agencies.
3395 (c) Except as provided in this section, automatic sealing
3396 of a criminal history record shall have the same effect, and the
3397 department may disclose such a record in the same manner, as a
3398 record sealed under s. 943.059.
3399 Section 53. Effective upon this act becoming a law,
3400 subsections (9) and (10) are added to section 943.6871, Florida
3401 Statutes, to read:
3402 943.6871 Criminal justice data transparency.—In order to
3403 facilitate the availability of comparable and uniform criminal
3404 justice data, the department shall:
3405 (9) Keep all information received by the department under
3406 s. 900.05 which is confidential and exempt when collected by the
3407 reporting agency confidential and exempt for purposes of this
3408 section and s. 900.05.
3409 (10)(a) By October 1, 2019, assist the Criminal and
3410 Juvenile Justice Information Systems Council in developing
3411 specifications for a uniform arrest affidavit to be used by each
3412 state, county, and municipal law enforcement agency to
3413 facilitate complete, accurate, and timely collection and
3414 reporting of data from each criminal offense arrest. The uniform
3415 arrest affidavit must at a minimum include all of the following:
3416 1. Identification of the arrestee.
3417 2. Details of the arrest, including each charge.
3418 3. Details of each vehicle and item seized at the time of
3419 arrest.
3420 4. Juvenile arrestee information.
3421 5. Release information.
3422
3423 The uniform arrest affidavit specifications must also include
3424 guidelines for developing a uniform criminal charge and
3425 disposition statute crosswalk table to be used by each law
3426 enforcement agency, state attorney, and jail administrator; and
3427 guidelines for developing a uniform criminal disposition and
3428 sentencing statute crosswalk table to be used by each clerk of
3429 the court.
3430 (b) By January 1, 2020, subject to appropriation, the
3431 department shall procure a uniform arrest affidavit, a uniform
3432 criminal charge and disposition statute crosswalk table, and a
3433 uniform criminal disposition and sentencing statute crosswalk
3434 table following the specifications developed under paragraph
3435 (a). The department shall provide training on use of the
3436 affidavit and crosswalk tables to each state, county, and
3437 municipal law enforcement agency, clerk of the court, state
3438 attorney, and jail administrator, as appropriate.
3439 (c) By July 1, 2020, each state, county, and municipal law
3440 enforcement agency must use the uniform arrest affidavit, each
3441 state attorney and jail administrator must use the uniform
3442 criminal charge and statute crosswalk table, and each clerk of
3443 the court must use the uniform criminal disposition and
3444 sentencing statute crosswalk table.
3445 Section 54. Section 944.40, Florida Statutes, is amended to
3446 read:
3447 944.40 Escapes; penalty.—Any prisoner confined in, or
3448 released on furlough from, any prison, jail, private
3449 correctional facility, road camp, or other penal institution,
3450 whether operated by the state, a county, or a municipality, or
3451 operated under a contract with the state, a county, or a
3452 municipality, working upon the public roads, or being
3453 transported to or from a place of confinement who escapes or
3454 attempts to escape from such confinement commits a felony of the
3455 second degree, punishable as provided in s. 775.082, s. 775.083,
3456 or s. 775.084. The punishment of imprisonment imposed under this
3457 section shall run consecutive to any former sentence imposed
3458 upon any prisoner.
3459 Section 55. Subsection (2) of section 944.47, Florida
3460 Statutes, is amended to read:
3461 944.47 Introduction, removal, or possession of contraband
3462 certain articles unlawful; penalty.—
3463 (2)(a) A person who violates any provision of this section
3464 as it pertains to an article of contraband described in
3465 subparagraph (1)(a)1., subparagraph (1)(a)2., or subparagraph
3466 (1)(a)6. commits a felony of the third degree, punishable as
3467 provided in s. 775.082, s. 775.083, or s. 775.084. Otherwise In
3468 all other cases, a violation of a provision of this section is
3469 constitutes a felony of the second degree, punishable as
3470 provided in s. 775.082, s. 775.083, or s. 775.084.
3471 (b) A violation of this section by an employee, as defined
3472 in s. 944.115(2)(b), who uses or attempts to use the powers,
3473 rights, privileges, duties, or position of his or her employment
3474 in the commission of the violation is ranked one level above the
3475 ranking specified in s. 921.0022 or s. 921.0023 for the offense
3476 committed.
3477 Section 56. Section 944.704, Florida Statutes, is amended
3478 to read:
3479 944.704 Staff who provide transition assistance; duties.—
3480 (1) The department shall provide a transition assistance
3481 specialist at each of the major institutions.
3482 (2) The department may increase the number of transition
3483 assistance specialists in proportion to the number of inmates
3484 served at each of the major institutions and may increase the
3485 number of employment specialists per judicial circuit based on
3486 the number of released inmates served under community
3487 supervision in that circuit, subject to appropriations.
3488 (3) The transition assistance specialists’ whose duties
3489 include, but are not limited to:
3490 (a)(1) Coordinating delivery of transition assistance
3491 program services at the institution and at the community
3492 correctional centers authorized pursuant to s. 945.091(1)(b).
3493 (b)(2) Assisting in the development of each inmate’s
3494 postrelease plan.
3495 (c)(3) Obtaining job placement information. Such
3496 information must include identifying any job assignment
3497 credentialing or industry certifications for which the inmate is
3498 eligible.
3499 (d)(4) Providing a written medical discharge plan and
3500 referral to a county health department.
3501 (e)(5) For an inmate who is known to be HIV positive,
3502 providing a 30-day supply of all HIV/AIDS-related medication
3503 that the inmate is taking before prior to release, if required
3504 under protocols of the Department of Corrections and treatment
3505 guidelines of the United States Department of Health and Human
3506 Services.
3507 (f)(6) Facilitating placement in a private transition
3508 housing program, if requested by any eligible inmate. If an
3509 inmate who is nearing his or her date of release requests
3510 placement in a contracted substance abuse transition housing
3511 program, the transition assistance specialist shall inform the
3512 inmate of program availability and assess the inmate’s need and
3513 suitability for transition housing assistance. If an inmate is
3514 approved for placement, the specialist shall assist the inmate
3515 and coordinate the release of the inmate with the selected
3516 program. If an inmate requests and is approved for placement in
3517 a contracted faith-based substance abuse transition housing
3518 program, the specialist must consult with the chaplain before
3519 prior to such placement. In selecting inmates who are nearing
3520 their date of release for placement in a faith-based program,
3521 the department shall ensure that an inmate’s faith orientation,
3522 or lack thereof, will not be considered in determining admission
3523 to the program and that the program does not attempt to convert
3524 an inmate toward a particular faith or religious preference.
3525 (g)(7) Providing a photo identification card to all inmates
3526 before prior to their release.
3527 (4) A The transition assistance specialist may not be a
3528 correctional officer or correctional probation officer as
3529 defined in s. 943.10.
3530 Section 57. Present subsections (3) through (6) of section
3531 944.705, Florida Statutes, are redesignated as subsections (4)
3532 through (7), respectively, and a new subsection (3) and
3533 subsections (8) through (12) are added to that section, to read:
3534 944.705 Release orientation program.—
3535 (3)(a) The department shall establish a toll-free hotline
3536 for the benefit of released inmates. The hotline shall provide
3537 information to released inmates seeking to obtain post-release
3538 referrals for community-based reentry services.
3539 (b) Before an inmate’s release, the department shall
3540 provide the inmate with a comprehensive community reentry
3541 resource directory organized by county and which must include
3542 the name, address, and a description of the services offered by
3543 each reentry service provider. The directory must also include
3544 the name, address, and telephone number of existing portals of
3545 entry and the toll-free hotline number required by paragraph
3546 (a).
3547 (c) The department shall expand the use of a department
3548 approved risk and needs assessment system to provide inmates and
3549 offenders with community-specific reentry service provider
3550 referrals.
3551 (8) A nonprofit faith-based or professional business, or a
3552 civic or community organization, may apply for registration with
3553 the department to provide inmate reentry services. Reentry
3554 services include, but are not limited to, counseling; providing
3555 information on housing and job placement; money management
3556 assistance; and programs that address substance abuse, mental
3557 health, or co-occurring conditions.
3558 (9) The department shall adopt policies and procedures for
3559 screening, approving, and registering an organization that
3560 applies under subsection (8). The department may deny approval
3561 and registration of an organization or a representative from an
3562 organization if it determines that the organization or
3563 representative does not meet the department’s policies and
3564 procedures.
3565 (10) The department may contract with a public or private
3566 educational institution’s veteran advocacy clinic or veteran
3567 legal clinic to assist qualified veteran inmates in applying for
3568 veterans’ benefits upon release.
3569 (11) The department may contract with public or private
3570 organizations to establish transitional employment programs that
3571 provide employment opportunities for released inmates.
3572 (12) The department shall adopt rules to implement this
3573 section.
3574 Section 58. Present subsections (4), (5), and (6) of
3575 section 944.801, Florida Statutes, are redesignated as
3576 subsections (7), (8), and (9), respectively, and new subsections
3577 (4), (5), and (6) are added to that section, to read:
3578 944.801 Education for state prisoners.—
3579 (4) The department may expand the use of job assignment
3580 credentialing and industry certifications.
3581 (5) The Correctional Education Program may establish a
3582 prison entrepreneurship program and adopt procedures for
3583 admitting student inmates. If the department elects to develop
3584 the program, it must include at least 180 days of in-prison
3585 education. The program curriculum must include a component on
3586 developing a business plan, procedures for graduation and
3587 certification of successful student inmates, and at least 90
3588 days of transitional and postrelease continuing educational
3589 services. Transitional and postrelease continuing educational
3590 services may be offered to graduate student inmates on a
3591 voluntary basis and are not a requirement for completion of the
3592 program. The department shall enter into agreements with public
3593 or private colleges or universities, other nonprofit entities,
3594 or other authorized provider under s. 1002.45(1)(a)1. to
3595 implement the program. The program must be funded with existing
3596 resources.
3597 (6) The Correctional education Program may work in
3598 cooperation with the Department of Agriculture and Consumer
3599 Services, Florida Forestry Service Division, and the Florida
3600 Department of Financial Services, Division of State Fire
3601 Marshall to develop a program for implementation within state
3602 correctional institutions or correctional facilities to train
3603 and certify inmates as firefighters. The program should include,
3604 but not be limited to, certification of inmates as state forest
3605 staff trained to help protect homes, forestland, and natural
3606 resources from the effects of wildfires throughout the state.
3607 Section 59. Subsection (1) of section 948.001, Florida
3608 Statutes, is amended to read:
3609 948.001 Definitions.—As used in this chapter, the term:
3610 (1) “Administrative probation” means a form of no contact,
3611 nonreporting supervision. A court may order administrative
3612 probation, or the Department of Corrections may transfer an
3613 offender to administrative probation, as provided in s. 948.013
3614 in which an offender who presents a low risk of harm to the
3615 community may, upon satisfactory completion of half the term of
3616 probation, be transferred by the Department of Corrections to
3617 this type of reduced level of supervision, as provided in s.
3618 948.013.
3619 Section 60. Subsection (1) of section 948.013, Florida
3620 Statutes, is amended to read:
3621 948.013 Administrative probation.—
3622 (1) The Department of Corrections may transfer an offender
3623 to administrative probation if he or she presents a low risk of
3624 harm to the community and has satisfactorily completed at least
3625 half of his or her probation term. The department of Corrections
3626 may establish procedures for transferring an offender to
3627 administrative probation. The department may collect an initial
3628 processing fee of up to $50 for each probationer transferred to
3629 administrative probation. The offender is exempt from further
3630 payment for the cost of supervision as required in s. 948.09.
3631 Section 61. Subsections (4), (5), and (6) are added to
3632 section 948.04, Florida Statutes, to read:
3633 948.04 Period of probation; duty of probationer; early
3634 termination; conversion of term.—
3635 (4) Except as provided in subsection (5), for defendants
3636 sentenced to probation on or after October 1, 2019, the court,
3637 upon motion by the probationer or the probation officer, shall
3638 either early terminate the probationer’s supervision or convert
3639 the supervisory term to administrative probation if all of the
3640 following requirements are met:
3641 (a) The probationer has completed at least half of the term
3642 of probation to which he or she was sentenced.
3643 (b) The probationer has successfully completed all other
3644 conditions of probation.
3645 (c) The court has not found the probationer in violation of
3646 probation pursuant to a filed affidavit of violation of
3647 probation at any point during the current supervisory term.
3648 (d) The parties did not specifically exclude the
3649 possibility of early termination or conversion to administrative
3650 probation as part of a negotiated sentence.
3651 (e) The probationer does not qualify as a violent felony
3652 offender of special concern under s. 948.06(8)(b).
3653 (5) Upon making written findings that continued reporting
3654 probation is necessary to protect the community or the interests
3655 of justice, the court may decline to early terminate the
3656 probationary term or convert the term to administrative
3657 probation for a probationer who is otherwise eligible under
3658 subsection (4).
3659 (6) Subsections (4) and (5) do not apply to an offender on
3660 community control. If an offender on community control is
3661 subsequently placed on probation, he or she must complete half
3662 of the probationary term to which he or she was sentenced,
3663 without receiving credit for time served on community control,
3664 before being eligible for mandatory early termination or
3665 conversion to administrative probation under this section.
3666 Section 62. Section 948.05, Florida Statutes, is amended to
3667 read:
3668 948.05 Court to admonish or commend probationer or offender
3669 in community control; graduated incentives.—
3670 (1) A court may at any time cause a probationer or offender
3671 in community control to appear before it to be admonished or
3672 commended, and, when satisfied that its action will be for the
3673 best interests of justice and the welfare of society, it may
3674 discharge the probationer or offender in community control from
3675 further supervision.
3676 (2) The department shall implement a system of graduated
3677 incentives to promote compliance with the terms of supervision
3678 and prioritize the highest levels of supervision for
3679 probationers or offenders presenting the greatest risk of
3680 recidivism.
3681 (a) As part of the graduated incentives system, the
3682 department may, without leave of court, offer the following
3683 incentives to a compliant probationer or offender in community
3684 control:
3685 1. Up to 25 percent reduction of required community service
3686 hours;
3687 2. Waiver of supervision fees;
3688 3. Reduction in frequency of reporting;
3689 4. Permission to report by mail or telephone; or
3690 5. Transfer of an eligible offender to administrative
3691 probation as authorized under s. 948.013.
3692 (b) The department may also incentivize positive behavior
3693 and compliance with recommendations to the court to modify the
3694 terms of supervision, including recommending:
3695 1. Permission to travel;
3696 2. Reduction of supervision type;
3697 3. Modification or cessation of curfew;
3698 4. Reduction or cessation of substance abuse testing; or
3699 5. Early termination of supervision.
3700 (c) A probationer or offender who commits a subsequent
3701 violation of probation may forfeit any previously earned
3702 probation incentive, as determined appropriate by his or her
3703 probation officer.
3704 Section 63. Present paragraphs (c) through (g) of
3705 subsection (1) of section 948.06, Florida Statutes, are
3706 redesignated as paragraphs (d) through (h), respectively, a new
3707 paragraph (c) is added to that subsection, and present paragraph
3708 (h) of that subsection is amended, present paragraphs (f)
3709 through (j) of subsection (2) are redesignated as paragraphs (g)
3710 through (k), respectively, and a new paragraph (f) is added to
3711 that subsection, and subsection (9) is added to that section, to
3712 read:
3713 948.06 Violation of probation or community control;
3714 revocation; modification; continuance; failure to pay
3715 restitution or cost of supervision.—
3716 (1)
3717 (c) If a probationer or offender on community control
3718 commits a technical violation, the probation officer shall
3719 determine whether the probationer or offender on community
3720 control is eligible for the alternative sanctioning program
3721 under subsection (9). If the probation officer determines that
3722 the probationer or offender on community control is eligible,
3723 the probation officer may proceed with the alternative
3724 sanctioning program in lieu of filing an affidavit of violation
3725 with the court. For purposes of this section, the term
3726 “technical violation” means an alleged violation of supervision
3727 that is not a new felony offense, misdemeanor offense, or
3728 criminal traffic offense.
3729 (h)1. The chief judge of each judicial circuit, in
3730 consultation with the state attorney, the public defender, and
3731 the department, may establish an alternative sanctioning program
3732 in which the department, after receiving court approval, may
3733 enforce specified sanctions for certain technical violations of
3734 supervision. For purposes of this paragraph, the term “technical
3735 violation” means any alleged violation of supervision that is
3736 not a new felony offense, misdemeanor offense, or criminal
3737 traffic offense.
3738 2. To establish an alternative sanctioning program, the
3739 chief judge must issue an administrative order specifying:
3740 a. Eligibility criteria.
3741 b. The technical violations that are eligible for the
3742 program.
3743 c. The sanctions that may be recommended by a probation
3744 officer for each technical violation.
3745 d. The process for reporting technical violations through
3746 the alternative sanctioning program, including approved forms.
3747 3. If an offender is alleged to have committed a technical
3748 violation of supervision that is eligible for the program, the
3749 offender may:
3750 a. Waive participation in the alternative sanctioning
3751 program, in which case the probation officer may submit a
3752 violation report, affidavit, and warrant to the court in
3753 accordance with this section; or
3754 b. Elect to participate in the alternative sanctioning
3755 program after receiving written notice of an alleged technical
3756 violation and a disclosure of the evidence against the offender,
3757 admit to the technical violation, agree to comply with the
3758 probation officer’s recommended sanction if subsequently ordered
3759 by the court, and agree to waive the right to:
3760 (I) Be represented by legal counsel.
3761 (II) Require the state to prove his or her guilt before a
3762 neutral and detached hearing body.
3763 (III) Subpoena witnesses and present to a judge evidence in
3764 his or her defense.
3765 (IV) Confront and cross-examine adverse witnesses.
3766 (V) Receive a written statement from a factfinder as to the
3767 evidence relied on and the reasons for the sanction imposed.
3768 4. If the offender admits to committing the technical
3769 violation and agrees with the probation officer’s recommended
3770 sanction, the probation officer must, before imposing the
3771 sanction, submit the recommended sanction to the court as well
3772 as documentation reflecting the offender’s admission to the
3773 technical violation and agreement with the recommended sanction.
3774 5. The court may impose the recommended sanction or may
3775 direct the department to submit a violation report, affidavit,
3776 and warrant to the court in accordance with this section.
3777 6. An offender’s participation in an alternative
3778 sanctioning program is voluntary. The offender may elect to
3779 waive or discontinue participation in an alternative sanctioning
3780 program at any time before the issuance of a court order
3781 imposing the recommended sanction.
3782 7. If an offender waives or discontinues participation in
3783 an alternative sanctioning program, the probation officer may
3784 submit a violation report, affidavit, and warrant to the court
3785 in accordance with this section. The offender’s prior admission
3786 to the technical violation may not be used as evidence in
3787 subsequent proceedings.
3788 (2)
3789 (f)1. Except as provided in subparagraph 3. or upon waiver
3790 by the probationer, the court shall modify or continue a
3791 probationary term upon finding a probationer in violation when
3792 any of the following applies:
3793 a. The term of supervision is probation.
3794 b. The probationer does not qualify as a violent felony
3795 offender of special concern, as defined in paragraph (8)(b).
3796 c. The violation is a low-risk technical violation, as
3797 defined in paragraph (9)(b).
3798 d. The court has not previously found the probationer in
3799 violation of his or her probation pursuant to a filed violation
3800 of probation affidavit during the current term of supervision. A
3801 probationer who has successfully completed sanctions through the
3802 alternative sanctioning program is eligible for mandatory
3803 modification or continuation of his or her probation.
3804 2. Upon modifying probation under subparagraph 1., the
3805 court may include in the sentence a maximum of 90 days in county
3806 jail as a special condition of probation.
3807 3. Notwithstanding s. 921.0024, if a probationer has less
3808 than 90 days of supervision remaining on his or her term of
3809 probation and meets the criteria for mandatory modification or
3810 continuation in subparagraph 1., the court may revoke probation
3811 and sentence the probationer to a maximum of 90 days in county
3812 jail.
3813 4. For purposes of imposing a jail sentence under this
3814 paragraph only, the court may grant credit only for time served
3815 in the county jail since the probationer’s most recent arrest
3816 for the violation. However, the court may not order the
3817 probationer to a total term of incarceration greater than the
3818 maximum provided by s. 775.082.
3819 (9)(a) Each judicial circuit shall establish an alternative
3820 sanctioning program as provided in this subsection. The chief
3821 judge of each judicial circuit may, by administrative order,
3822 define additional sanctions or eligibility criteria and specify
3823 the process for reporting technical violations through the
3824 alternative sanctioning program. Any sanctions recommended for
3825 imposition through an alternative sanctions program must be
3826 submitted to the court by the probation officer for approval
3827 before imposing the sanction.
3828 (b) As used in this subsection, the term “low-risk
3829 violation,” when committed by a probationer, means any of the
3830 following:
3831 1. A positive drug or alcohol test result.
3832 2. Failure to report to the probation office.
3833 3. Failure to report a change in address or other required
3834 information.
3835 4. Failure to attend a required class, treatment or
3836 counseling session, or meeting.
3837 5. Failure to submit to a drug or alcohol test.
3838 6. A violation of curfew.
3839 7. Failure to meet a monthly quota on any required
3840 probation condition, including, but not limited to, making
3841 restitution payments, paying court costs, or completing
3842 community service hours.
3843 8. Leaving the county without permission.
3844 9. Failure to report a change in employment.
3845 10. Associating with a person engaged in criminal activity.
3846 11. Any other violation as determined by administrative
3847 order of the chief judge of the circuit.
3848 (c) As used in this subsection, the term “moderate-risk
3849 violation” means any of the following:
3850 1. A violation identified in paragraph (b), when committed
3851 by an offender on community control.
3852 2. Failure to remain at an approved residence by an
3853 offender on community control.
3854 3. A third violation identified in paragraph (b) by a
3855 probationer within the current term of supervision.
3856 4. Any other violation as determined by administrative
3857 order of the chief judge of the circuit.
3858 (d) A probationer or offender on community control is not
3859 eligible for an alternative sanction if:
3860 1. He or she is a violent felony offender of special
3861 concern as defined in paragraph (8)(b);
3862 2. The violation is a felony, misdemeanor, or criminal
3863 traffic offense;
3864 3. The violation is absconding;
3865 4. The violation is of a stay-away order or no-contact
3866 order;
3867 5. The violation is not identified as low-risk or moderate
3868 risk under this subsection or by administrative order;
3869 6. He or she has a prior moderate-risk level violation
3870 during the current term of supervision;
3871 7. He or she has three prior low-risk level violations
3872 during the same term of supervision;
3873 8. The term of supervision is scheduled to terminate in
3874 less than 90 days; or
3875 9. The terms of the sentence prohibit alternative
3876 sanctioning.
3877 (e) For a first or second low-risk violation, as defined in
3878 paragraph (b), within the current term of supervision, a
3879 probation officer may offer an eligible probationer one or more
3880 of the following as an alternative sanction:
3881 1. Up to 5 days in the county jail.
3882 2. Up to 50 additional community service hours.
3883 3. Counseling or treatment.
3884 4. Support group attendance.
3885 5. Drug testing.
3886 6. Loss of travel or other privileges.
3887 7. Curfew for up to 30 days.
3888 8. House arrest for up to 30 days.
3889 9.a. Any other sanction as determined by administrative
3890 order of the chief judge of the circuit.
3891 b. However, in no circumstance shall participation in an
3892 alternative sanctioning program convert a withheld adjudication
3893 to an adjudication of guilt.
3894 (f) For a first moderate-risk violation, as defined in
3895 paragraph (c), within the current term of supervision, a
3896 probation officer, with a supervisor’s approval, may offer an
3897 eligible probationer or offender on community control one or
3898 more of the following as an alternative sanction:
3899 1. Up to 21 days in the county jail.
3900 2. Curfew for up to 90 days.
3901 3. House arrest for up to 90 days.
3902 4. Electronic monitoring for up to 90 days.
3903 5. Residential treatment for up to 90 days.
3904 6. Any other sanction available for a low-risk violation.
3905 7.a. Any other sanction as determined by administrative
3906 order of the chief judge of the circuit.
3907 b. However, in no circumstance shall participation in an
3908 alternative sanctioning program convert a withheld adjudication
3909 to an adjudication of guilt.
3910 (g) The participation of a probationer or an offender on
3911 community control in the program is voluntary. The probationer
3912 or offender on community control may waive or discontinue
3913 participation in the program at any time before the court
3914 imposes a recommended sanction.
3915 (h)1. If a probationer or offender on community control is
3916 eligible for the alternative sanctioning program under this
3917 subsection, he or she may:
3918 a. Waive participation in the program, in which case the
3919 probation officer may submit a violation report, affidavit, and
3920 warrant to the court; or
3921 b. Elect to participate in the program after receiving
3922 written notice of an alleged technical violation and disclosure
3923 of the evidence against him or her, and admit the technical
3924 violation, agree to comply with the probation officer’s
3925 recommended sanction if subsequently ordered by the court, and
3926 agree to waive the right to:
3927 (I) Be represented by legal counsel.
3928 (II) Require the state to prove his or her guilt before a
3929 neutral and detached hearing body.
3930 (III) Subpoena witnesses and present to a judge evidence in
3931 his or her defense.
3932 (IV) Confront and cross-examine adverse witnesses.
3933 (V) Receive a written statement from a judge as to the
3934 evidence relied on and the reasons for the sanction imposed.
3935 2. If the probationer or offender on community control
3936 admits to committing the technical violation and agrees with the
3937 probation officer’s recommended sanction, the probation officer
3938 must, before imposing the sanction, submit the recommended
3939 sanction to the court with documentation reflecting the
3940 probationer’s admission to the technical violation and agreement
3941 with the recommended sanction.
3942 (i) The court may impose the recommended sanction or direct
3943 the department to submit a violation report, affidavit, and
3944 warrant to the court.
3945 (j) If a probationer or offender on community control
3946 waives or discontinues participation in the program or fails to
3947 successfully complete all alternative sanctions within 90 days
3948 after imposition or within the timeframe specified in the
3949 agreed-upon sanction, the probation officer may submit a
3950 violation report, affidavit, and warrant to the court. A prior
3951 admission by the probationer or offender on community control to
3952 a technical violation may not be used as evidence in subsequent
3953 proceedings.
3954 Section 64. Subsection (6) of section 948.08, Florida
3955 Statutes, is amended to read:
3956 948.08 Pretrial intervention program.—
3957 (6)(a) For purposes of this subsection, the term
3958 “nonviolent felony” means a third degree felony violation of
3959 chapter 810 or any other felony offense that is not a forcible
3960 felony as defined in s. 776.08.
3961 (b) Notwithstanding any provision of this section, a person
3962 who is charged with a nonviolent felony and is identified as
3963 having a substance abuse problem or is charged with a felony of
3964 the second or third degree for purchase or possession of a
3965 controlled substance under chapter 893, prostitution, tampering
3966 with evidence, solicitation for purchase of a controlled
3967 substance, or obtaining a prescription by fraud; who has not
3968 been charged with a crime involving violence, including, but not
3969 limited to, murder, sexual battery, robbery, carjacking, home
3970 invasion robbery, or any other crime involving violence; and who
3971 has not previously been convicted of a felony is eligible for
3972 voluntary admission into a pretrial substance abuse education
3973 and treatment intervention program, including a treatment-based
3974 drug court program established pursuant to s. 397.334, approved
3975 by the chief judge of the circuit, for a period of not less than
3976 1 year in duration, if he or she:
3977 1. Is identified as having a substance abuse problem and is
3978 amenable to treatment.
3979 2. Is charged with a nonviolent felony.
3980 3. Has never been charged with a crime involving violence,
3981 including, but not limited to, murder, sexual battery, robbery,
3982 carjacking, home-invasion robbery, or any other crime involving
3983 violence.
3984 4. Has two or fewer felony convictions, provided that the
3985 prior convictions are for nonviolent felonies.
3986 (c) Upon motion of either party or the court’s own motion,
3987 and with the agreement of the defendant, the court shall admit
3988 an eligible person into a pretrial substance abuse education and
3989 treatment intervention program, except:
3990 1. If a defendant was previously offered admission to a
3991 pretrial substance abuse education and treatment intervention
3992 program at any time before prior to trial and the defendant
3993 rejected that offer on the record, then the court or the state
3994 attorney may deny the defendant’s admission to such a program.
3995 2. If the state attorney believes that the facts and
3996 circumstances of the case suggest the defendant’s involvement in
3997 the dealing and selling of controlled substances, the court
3998 shall hold a preadmission hearing. If the state attorney
3999 establishes, by a preponderance of the evidence at such hearing,
4000 that the defendant was involved in the dealing or selling of
4001 controlled substances, the court shall deny the defendant’s
4002 admission into a pretrial intervention program.
4003 3. If the defendant has two or fewer prior felony
4004 convictions as provided in subparagraph (b)4., the court, in its
4005 discretion, may deny admission to such a program.
4006 (d)(b) While enrolled in a pretrial intervention program
4007 authorized by this subsection, the participant is subject to a
4008 coordinated strategy developed by a drug court team under s.
4009 397.334(4). The coordinated strategy may include a protocol of
4010 sanctions that may be imposed upon the participant for
4011 noncompliance with program rules. The protocol of sanctions may
4012 include, but is not limited to, placement in a substance abuse
4013 treatment program offered by a licensed service provider as
4014 defined in s. 397.311 or in a jail-based treatment program or
4015 serving a period of incarceration within the time limits
4016 established for contempt of court. The coordinated strategy must
4017 be provided in writing to the participant before the participant
4018 agrees to enter into a pretrial treatment-based drug court
4019 program or other pretrial intervention program. Any person whose
4020 charges are dismissed after successful completion of the
4021 treatment-based drug court program, if otherwise eligible, may
4022 have his or her arrest record and plea of nolo contendere to the
4023 dismissed charges expunged under s. 943.0585.
4024 (e)(c) At the end of the pretrial intervention period, the
4025 court shall consider the recommendation of the administrator
4026 pursuant to subsection (5) and the recommendation of the state
4027 attorney as to disposition of the pending charges. The court
4028 shall determine, by written finding, whether the defendant has
4029 successfully completed the pretrial intervention program.
4030 Notwithstanding the coordinated strategy developed by a drug
4031 court team pursuant to s. 397.334(4), if the court finds that
4032 the defendant has not successfully completed the pretrial
4033 intervention program, the court may order the person to continue
4034 in education and treatment, which may include substance abuse
4035 treatment programs offered by licensed service providers as
4036 defined in s. 397.311 or jail-based treatment programs, or order
4037 that the charges revert to normal channels for prosecution. The
4038 court shall dismiss the charges upon a finding that the
4039 defendant has successfully completed the pretrial intervention
4040 program.
4041 (f)(d) Any entity, whether public or private, providing a
4042 pretrial substance abuse education and treatment intervention
4043 program under this subsection must contract with the county or
4044 appropriate governmental entity, and the terms of the contract
4045 must include, but need not be limited to, the requirements
4046 established for private entities under s. 948.15(3).
4047 Section 65. Section 948.081, Florida Statutes, is created
4048 to read:
4049 948.081 Community court programs.—
4050 (1) Each judicial circuit may establish a community court
4051 program for defendants charged with certain misdemeanor
4052 offenses. Each community court shall, at a minimum:
4053 (a) Adopt a nonadversarial approach.
4054 (b) Establish an advisory committee to recommend solutions
4055 and sanctions in each case.
4056 (c) Provide for judicial leadership and interaction.
4057 (d) In each particular case, consider the needs of the
4058 victim, consider individualized treatment services for the
4059 defendant, and monitor the defendant’s compliance.
4060 (2) The chief judge of the judicial circuit, by
4061 administrative order, shall specify each misdemeanor offense
4062 eligible for the community court program. In making such
4063 determination, the chief judge shall consider the particular
4064 needs and concerns of the communities within the judicial
4065 circuit.
4066 (3) A defendant’s entry into any community court program
4067 must be voluntary.
4068 (4) The chief judge shall appoint a community court
4069 resource coordinator, who shall:
4070 (a) Coordinate the responsibilities of the participating
4071 agencies and service providers.
4072 (b) Provide case management services.
4073 (c) Monitor compliance by defendants with court
4074 requirements.
4075 (d) Manage the collection of data for program evaluation
4076 and accountability.
4077 (5) The chief judge of the judicial circuit shall appoint
4078 members to an advisory committee for each community court. The
4079 members of the advisory committee must include, at a minimum:
4080 (a) The chief judge or a community court judge designated
4081 by the chief judge, who shall serve as chair.
4082 (b) The state attorney or his or her designee.
4083 (c) The public defender or his or her designee.
4084 (d) The community court resource coordinator.
4085
4086 The committee may also include community stakeholders, treatment
4087 representatives, and other persons the chair deems appropriate.
4088 (6) The advisory committee shall review each defendant’s
4089 case. Each committee member may make recommendations to the
4090 judge, including appropriate sanctions and treatment solutions
4091 for the defendant. The judge shall consider such recommendations
4092 and make the final decision concerning sanctions and treatment
4093 with respect to each defendant.
4094 (7) Each judicial circuit shall report client-level and
4095 programmatic data to the Office of the State Courts
4096 Administrator annually for program evaluation. Client-level data
4097 include primary offenses resulting in the community court
4098 referral or sentence, treatment compliance, completion status,
4099 reasons for failing to complete the program, offenses committed
4100 during treatment and sanctions imposed, frequency of court
4101 appearances, and units of service. Programmatic data include
4102 referral and screening procedures, eligibility criteria, type
4103 and duration of treatment offered, and residential treatment
4104 resources.
4105 (8) The Department of Corrections, the Department of
4106 Juvenile Justice, the Department of Health, the Department of
4107 Law Enforcement, the Department of Education, law enforcement
4108 agencies, and other governmental entities involved in the
4109 criminal justice system shall support such community court
4110 programs.
4111 (9) Community court program funding must be secured from
4112 sources other than the state for costs not assumed by the state
4113 under s. 29.004. However, this subsection does not preclude the
4114 use of funds provided for treatment and other services through
4115 state executive branch agencies.
4116 Section 66. Section 951.22, Florida Statutes, is amended to
4117 read:
4118 951.22 County detention facilities; contraband articles.—
4119 (1) It is unlawful, except through regular channels as duly
4120 authorized by the sheriff or officer in charge, to introduce
4121 into or possess upon the grounds of any county detention
4122 facility as defined in s. 951.23 or to give to or receive from
4123 any inmate of any such facility wherever said inmate is located
4124 at the time or to take or to attempt to take or send therefrom
4125 any of the following articles, which are hereby declared to be
4126 contraband:
4127 (a) for the purposes of this act, to wit: Any written or
4128 recorded communication. This paragraph does not apply to any
4129 document or correspondence exchanged between a lawyer,
4130 paralegal, or other legal staff and an inmate at a detention
4131 facility if the document or correspondence is otherwise lawfully
4132 possessed and disseminated and relates to the legal
4133 representation of the inmate.;
4134 (b) Any currency or coin.;
4135 (c) Any article of food or clothing.;
4136 (d) Any tobacco products as defined in s. 210.25(12).;
4137 (e) Any cigarette as defined in s. 210.01(1).;
4138 (f) Any cigar.;
4139 (g) Any intoxicating beverage or beverage that which causes
4140 or may cause an intoxicating effect.;
4141 (h) Any narcotic, hypnotic, or excitative drug or drug of
4142 any kind or nature, including nasal inhalators, sleeping pills,
4143 barbiturates, and controlled substances as defined in s.
4144 893.02(4).;
4145 (i) Any firearm or any instrumentality customarily used or
4146 which is intended to be used as a dangerous weapon.; and
4147 (j) Any instrumentality of any nature which that may be or
4148 is intended to be used as an aid in effecting or attempting to
4149 effect an escape from a county facility.
4150 (k) Any cellular telephone or other portable communication
4151 device as described in s. 944.47(1)(a)6. The term does not
4152 include any device that has communication capabilities which has
4153 been approved or issued by the sheriff or officer in charge for
4154 investigative or institutional security purposes or for
4155 conducting other official business.
4156 (2) A person who Whoever violates paragraph (1)(a),
4157 paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph
4158 (1)(e), paragraph (1)(f), or paragraph (1)(g) commits a
4159 misdemeanor of the first degree, punishable as provided in s.
4160 775.082 or s. 775.083. A person who violates paragraph (1)(h),
4161 paragraph (1)(i), paragraph (1)(j), or paragraph (1)(k) commits
4162 subsection (1) shall be guilty of a felony of the third degree,
4163 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4164 Section 67. Subsection (1) of section 958.04, Florida
4165 Statutes, is amended to read:
4166 958.04 Judicial disposition of youthful offenders.—
4167 (1) The court may sentence as a youthful offender any
4168 person:
4169 (a) Who is at least 18 years of age or who has been
4170 transferred for prosecution to the criminal division of the
4171 circuit court pursuant to chapter 985;
4172 (b) Who is found guilty of or who has tendered, and the
4173 court has accepted, a plea of nolo contendere or guilty to a
4174 crime that is, under the laws of this state, a felony if such
4175 crime was committed before the defendant turned 21 years of age
4176 the offender is younger than 21 years of age at the time
4177 sentence is imposed; and
4178 (c) Who has not previously been classified as a youthful
4179 offender under the provisions of this act; however, a person who
4180 has been found guilty of a capital or life felony may not be
4181 sentenced as a youthful offender under this act.
4182 Section 68. Section 960.07, Florida Statutes, is amended to
4183 read:
4184 960.07 Filing of claims for compensation.—
4185 (1) A claim for compensation may be filed by a person
4186 eligible for compensation as provided in s. 960.065 or, if such
4187 person is a minor, by his or her parent or guardian or, if the
4188 person entitled to make a claim is mentally incompetent, by the
4189 person’s guardian or such other individual authorized to
4190 administer his or her estate.
4191 (2) Except as provided in subsections subsection (3) and
4192 (4), a claim must be filed in accordance with this subsection.
4193 not later than 1 year after:
4194 (a)1. A claim arising from a crime occurring before October
4195 1, 2019, must be filed within 1 year after:
4196 a. The occurrence of the crime upon which the claim is
4197 based.
4198 b.(b) The death of the victim or intervenor.
4199 c.(c) The death of the victim or intervenor is determined
4200 to be the result of a crime, and the crime occurred after June
4201 30, 1994.
4202 2. However, For good cause the department may extend the
4203 time for filing a claim under subparagraph 1. for a period not
4204 exceeding 2 years after such occurrence.
4205 (b)1. A claim arising from a crime occurring on or after
4206 October 1, 2019, must be filed within 3 years after the later
4207 of:
4208 a. The occurrence of the crime upon which the claim is
4209 based;
4210 b. The death of the victim or intervenor; or
4211 c. The death of the victim or intervenor is determined to
4212 be the result of the crime.
4213 2. For good cause the department may extend the time for
4214 filing a claim under subparagraph 1. for a period not to exceed
4215 5 years after such occurrence.
4216 (3) Notwithstanding the provisions of subsection (2) and
4217 regardless of when the crime occurred, if the victim or
4218 intervenor was under the age of 18 at the time the crime upon
4219 which the claim is based occurred, a claim may be filed in
4220 accordance with this subsection.
4221 (a) The victim’s or intervenor’s parent or guardian may
4222 file a claim on behalf of the victim or intervenor while the
4223 victim or intervenor is less than 18 years of age; or
4224 (b) For a claim arising from a crime that occurred before
4225 October 1, 2019, when a victim or intervenor who was under the
4226 age of 18 at the time the crime occurred reaches the age of 18,
4227 the victim or intervenor has 1 year within which to file a
4228 claim; or
4229 (c) For a claim arising from a crime occurring on or after
4230 October 1, 2019, when a victim or intervenor who was under the
4231 age of 18 at the time the crime occurred reaches the age of 18,
4232 the victim or intervenor has 3 years to file a claim.
4233
4234 For good cause, the department may extend the time period
4235 allowed for filing a claim under paragraph (b) for an additional
4236 period not to exceed 1 year or under paragraph (c) for an
4237 additional period not to exceed 2 years.
4238 (4) The provisions of subsection (2) notwithstanding, and
4239 regardless of when the crime occurred, a victim of a sexually
4240 violent offense as defined in s. 394.912, may file a claim for
4241 compensation for counseling or other mental health services
4242 within:
4243 (a) One 1 year after the filing of a petition under s.
4244 394.914, to involuntarily civilly commit the individual who
4245 perpetrated the sexually violent offense, if the claim arises
4246 from a crime committed before October 1, 2019; or
4247 (b) Three years after the filing of petition under s.
4248 394.914, to involuntarily civilly commit the individual who
4249 perpetrated the sexually violent offense, if the claim arises
4250 from a crime committed on or after October 1, 2019.
4251 Section 69. Paragraph (b) of subsection (1) of section
4252 960.13, Florida Statutes, is amended to read:
4253 960.13 Awards.—
4254 (1)
4255 (b) In no case may an award be made when the record shows
4256 that such report was made more than:
4257 1. Seventy-two 72 hours after the occurrence of such crime,
4258 if the crime occurred before October 1, 2019; or
4259 2. Five days after the occurrence of such crime, if the
4260 crime occurred on or after October 1, 2019,
4261
4262 unless the department, for good cause shown, finds the delay to
4263 have been justified. The department, upon finding that any
4264 claimant or award recipient has not duly cooperated with the
4265 state attorney, all law enforcement agencies, and the
4266 department, may deny, reduce, or withdraw any award, as the case
4267 may be.
4268 Section 70. Subsection (1) of section 960.195, Florida
4269 Statutes, is amended to read:
4270 960.195 Awards to elderly persons or disabled adults for
4271 property loss.—
4272 (1) Notwithstanding the criteria in s. 960.13, for crime
4273 victim compensation awards, the department may award a maximum
4274 of $500 on any one claim and a lifetime maximum of $1,000 on all
4275 claims to elderly persons or disabled adults who suffer a
4276 property loss that causes a substantial diminution in their
4277 quality of life when:
4278 (a) There is proof that a criminal or delinquent act was
4279 committed;
4280 (b) The criminal or delinquent act is reported to law
4281 enforcement authorities within:
4282 1. Seventy-two 72 hours, if such crime or act occurred
4283 before October 1, 2019; or
4284 2. Five days, if such crime or act occurred on or after
4285 October 1, 2019,
4286
4287 unless the department, for good cause shown, finds the delay to
4288 have been justified;
4289 (c) There is proof that the tangible personal property in
4290 question belonged to the claimant;
4291 (d) The claimant did not contribute to the criminal or
4292 delinquent act;
4293 (e) There is no other source of reimbursement or
4294 indemnification available to the claimant; and
4295 (f) The claimant would not be able to replace the tangible
4296 personal property in question without incurring a serious
4297 financial hardship.
4298 Section 71. Section 960.196, Florida Statutes, is amended
4299 to read:
4300 960.196 Relocation assistance for victims of human
4301 trafficking.—
4302 (1) Notwithstanding the criteria specified in ss. 960.07(2)
4303 and 960.13 for crime victim compensation awards, the department
4304 may award a one-time payment of up to $1,500 for any one claim
4305 and a lifetime maximum of $3,000 to a victim of human
4306 trafficking who needs urgent assistance to escape from an unsafe
4307 environment directly related to the human trafficking offense.
4308 (2) In order for an award to be granted to a victim for
4309 relocation assistance:
4310 (a) There must be proof that a human trafficking offense,
4311 as described in s. 787.06(3)(b), (d), (f), or (g), was
4312 committed.
4313 (b)1. For a crime occurring before October 1, 2019, the
4314 crime must be reported to the proper authorities and the claim
4315 must be filed within 1 year, or 2 years with good cause, after
4316 the date of the last human trafficking offense, as described in
4317 s. 787.06(3)(b), (d), (f), or (g).
4318 2. For a crime occurring on or after October 1, 2019, the
4319 crime must be reported to the proper authorities and the claim
4320 must be filed within 3 years, or 5 years with good cause, after
4321 the date of the last human trafficking offense, as described in
4322 s. 787.06(3)(b), (d), (f), or (g).
4323 3. In a case that exceeds the reporting and filing 2-year
4324 requirement due to an active and ongoing investigation, a state
4325 attorney, statewide prosecutor, or federal prosecutor may
4326 certify in writing a human trafficking victim’s need to relocate
4327 from an unsafe environment due to the threat of future violence
4328 which is directly related to the human trafficking offense.
4329 (c) The victim’s need must be certified by a certified
4330 domestic violence or rape crisis center in this state, except as
4331 provided in paragraph (b). The center’s certification must
4332 assert that the victim is cooperating with the proper
4333 authorities and must include documentation that the victim has
4334 developed a safety plan.
4335 (3) Relocation payments for a human trafficking claim shall
4336 be denied if the department has previously approved or paid out
4337 a domestic violence or sexual battery relocation claim under s.
4338 960.198 or s. 960.199 to the same victim regarding the same
4339 incident.
4340 Section 72. Subsection (2) of section 960.28, Florida
4341 Statutes, is amended to read:
4342 960.28 Payment for victims’ initial forensic physical
4343 examinations.—
4344 (2) The Crime Victims’ Services Office of the department
4345 shall pay for medical expenses connected with an initial
4346 forensic physical examination of a victim of sexual battery as
4347 defined in chapter 794 or a lewd or lascivious offense as
4348 defined in chapter 800. Such payment shall be made regardless of
4349 whether the victim is covered by health or disability insurance
4350 and whether the victim participates in the criminal justice
4351 system or cooperates with law enforcement. The payment shall be
4352 made only out of moneys allocated to the Crime Victims’ Services
4353 Office for the purposes of this section, and the payment may not
4354 exceed $1,000 $500 with respect to any violation. The department
4355 shall develop and maintain separate protocols for the initial
4356 forensic physical examination of adults and children. Payment
4357 under this section is limited to medical expenses connected with
4358 the initial forensic physical examination, and payment may be
4359 made to a medical provider using an examiner qualified under
4360 part I of chapter 464, excluding s. 464.003(14); chapter 458; or
4361 chapter 459. Payment made to the medical provider by the
4362 department shall be considered by the provider as payment in
4363 full for the initial forensic physical examination associated
4364 with the collection of evidence. The victim may not be required
4365 to pay, directly or indirectly, the cost of an initial forensic
4366 physical examination performed in accordance with this section.
4367 Section 73. Effective upon this act becoming a law,
4368 paragraphs (c), (d), and (f) of subsection (2) of section
4369 985.12, Florida Statutes, are amended to read:
4370 985.12 Civil citation or similar prearrest diversion
4371 programs.—
4372 (2) JUDICIAL CIRCUIT CIVIL CITATION OR SIMILAR PREARREST
4373 DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND OPERATION.—
4374 (c) The state attorney of each circuit shall operate a
4375 civil citation or similar prearrest diversion program in each
4376 circuit. A sheriff, police department, county, municipality,
4377 locally authorized entity, or public or private educational
4378 institution may continue to operate an independent civil
4379 citation or similar prearrest diversion program that is in
4380 operation as of October 1, 2018, if the independent program is
4381 reviewed by the state attorney of the applicable circuit and he
4382 or she determines that the independent program is substantially
4383 similar to the civil citation or similar prearrest diversion
4384 program developed by the circuit. If the state attorney
4385 determines that the independent program is not substantially
4386 similar to the civil citation or similar prearrest diversion
4387 program developed by the circuit, the operator of the
4388 independent diversion program may revise the program and the
4389 state attorney may conduct an additional review of the
4390 independent program.
4391 (d) A judicial circuit may model an existing sheriff’s,
4392 police department’s, county’s, municipality’s, locally
4393 authorized entity’s, or public or private educational
4394 institution’s independent civil citation or similar prearrest
4395 diversion program in developing the civil citation or similar
4396 prearrest diversion program for the circuit.
4397 (f) Each civil citation or similar prearrest diversion
4398 program shall enter the appropriate youth data into the Juvenile
4399 Justice Information System Prevention Web within 7 days after
4400 the admission of the youth into the program A copy of each civil
4401 citation or similar prearrest diversion program notice issued
4402 under this section shall be provided to the department, and the
4403 department shall enter appropriate information into the juvenile
4404 offender information system.
4405 Section 74. Effective upon this act becoming a law,
4406 subsection (2) and paragraph (c) of subsection (3) of section
4407 985.126, Florida Statutes, are amended to read:
4408 985.126 Diversion programs; data collection; denial of
4409 participation or expunged record.—
4410 (2) Upon issuance of documentation requiring a minor to
4411 participate in a diversion program, before or without an arrest,
4412 the issuing law enforcement officer shall send a copy of such
4413 documentation to the entity designated to operate the diversion
4414 program and to the department, which shall enter such
4415 information into the Juvenile Justice Information System
4416 Prevention Web within 7 days after the youth’s admission into
4417 the program.
4418 (3)
4419 (c) The data required pursuant to paragraph (a) shall be
4420 entered into the Juvenile Justice Information System Prevention
4421 Web within 7 days after the youth’s admission into the program
4422 submitted to the department quarterly.
4423 Section 75. Effective upon this act becoming a law,
4424 paragraph (f) of subsection (1) of section 985.145, Florida
4425 Statutes, is amended to read:
4426 985.145 Responsibilities of the department during intake;
4427 screenings and assessments.—
4428 (1) The department shall serve as the primary case manager
4429 for the purpose of managing, coordinating, and monitoring the
4430 services provided to the child. Each program administrator
4431 within the Department of Children and Families shall cooperate
4432 with the primary case manager in carrying out the duties and
4433 responsibilities described in this section. In addition to
4434 duties specified in other sections and through departmental
4435 rules, the department shall be responsible for the following:
4436 (f) Prevention web.—For a child with a first-time
4437 misdemeanor offense, the department shall enter all related
4438 information into the Juvenile Justice Information System
4439 Prevention Web until such time as formal charges are filed. If
4440 formal charges are not filed, the information shall remain in
4441 the Juvenile Justice Information System Prevention Web until
4442 removed pursuant to department policies.
4443 Section 76. Subsection (2) of section 985.557, Florida
4444 Statutes, is amended to read:
4445 985.557 Direct filing of an information; discretionary and
4446 mandatory criteria.—
4447 (2) MANDATORY DIRECT FILE.—
4448 (a) With respect to any child who was 16 or 17 years of age
4449 at the time the alleged offense was committed, the state
4450 attorney shall file an information if the child has been
4451 previously adjudicated delinquent for an act classified as a
4452 felony, which adjudication was for the commission of, attempt to
4453 commit, or conspiracy to commit murder, sexual battery, armed or
4454 strong-armed robbery, carjacking, home-invasion robbery,
4455 aggravated battery, or aggravated assault, and the child is
4456 currently charged with a second or subsequent violent crime
4457 against a person.
4458 (b) With respect to any child 16 or 17 years of age at the
4459 time an offense classified as a forcible felony, as defined in
4460 s. 776.08, was committed, the state attorney shall file an
4461 information if the child has previously been adjudicated
4462 delinquent or had adjudication withheld for three acts
4463 classified as felonies each of which occurred at least 45 days
4464 apart from each other. This paragraph does not apply when the
4465 state attorney has good cause to believe that exceptional
4466 circumstances exist which preclude the just prosecution of the
4467 juvenile in adult court.
4468 (c) The state attorney must file an information if a child,
4469 regardless of the child’s age at the time the alleged offense
4470 was committed, is alleged to have committed an act that would be
4471 a violation of law if the child were an adult, that involves
4472 stealing a motor vehicle, including, but not limited to, a
4473 violation of s. 812.133, relating to carjacking, or s.
4474 812.014(2)(c)6., relating to grand theft of a motor vehicle, and
4475 while the child was in possession of the stolen motor vehicle
4476 the child caused serious bodily injury to or the death of a
4477 person who was not involved in the underlying offense. For
4478 purposes of this section, the driver and all willing passengers
4479 in the stolen motor vehicle at the time such serious bodily
4480 injury or death is inflicted shall also be subject to mandatory
4481 transfer to adult court. “Stolen motor vehicle,” for the
4482 purposes of this section, means a motor vehicle that has been
4483 the subject of any criminal wrongful taking. For purposes of
4484 this section, “willing passengers” means all willing passengers
4485 who have participated in the underlying offense.
4486 (d)1. With respect to any child who was 16 or 17 years of
4487 age at the time the alleged offense was committed, the state
4488 attorney shall file an information if the child has been charged
4489 with committing or attempting to commit an offense listed in s.
4490 775.087(2)(a)1.a.-p., and, during the commission of or attempt
4491 to commit the offense, the child:
4492 a. Actually possessed a firearm or destructive device, as
4493 those terms are defined in s. 790.001.
4494 b. Discharged a firearm or destructive device, as described
4495 in s. 775.087(2)(a)2.
4496 c. Discharged a firearm or destructive device, as described
4497 in s. 775.087(2)(a)3., and, as a result of the discharge, death
4498 or great bodily harm was inflicted upon any person.
4499 2. Upon transfer, any child who is:
4500 a. Charged under sub-subparagraph 1.a. and who has been
4501 previously adjudicated or had adjudication withheld for a
4502 forcible felony offense or any offense involving a firearm, or
4503 who has been previously placed in a residential commitment
4504 program, shall be subject to sentencing under s. 775.087(2)(a),
4505 notwithstanding s. 985.565.
4506 b. Charged under sub-subparagraph 1.b. or sub-subparagraph
4507 1.c., shall be subject to sentencing under s. 775.087(2)(a),
4508 notwithstanding s. 985.565.
4509 3. Upon transfer, any child who is charged under this
4510 paragraph, but who does not meet the requirements specified in
4511 subparagraph 2., shall be sentenced under s. 985.565; however,
4512 if the court imposes a juvenile sanction, the court must commit
4513 the child to a high-risk or maximum-risk juvenile facility.
4514 4. This paragraph shall not apply if the state attorney has
4515 good cause to believe that exceptional circumstances exist that
4516 preclude the just prosecution of the child in adult court.
4517 5. The Department of Corrections shall make every
4518 reasonable effort to ensure that any child 16 or 17 years of age
4519 who is convicted and sentenced under this paragraph be
4520 completely separated such that there is no physical contact with
4521 adult offenders in the facility, to the extent that it is
4522 consistent with chapter 958.
4523 Section 77. Subsection (3) of section 776.09, Florida
4524 Statutes, is amended to read:
4525 776.09 Retention of records pertaining to persons found to
4526 be acting in lawful self-defense; expunction of criminal history
4527 records.—
4528 (3) Under either condition described in subsection (1) or
4529 subsection (2), the person accused may apply for a certificate
4530 of eligibility to expunge the associated criminal history
4531 record, pursuant to s. 943.0578 s. 943.0585(5), notwithstanding
4532 the eligibility requirements prescribed in s. 943.0585(1) s.
4533 943.0585(1)(b) or (2).
4534 Section 78. Paragraph (c) of subsection (3) of section
4535 943.053, Florida Statutes, is amended to read:
4536 943.053 Dissemination of criminal justice information;
4537 fees.—
4538 (3)
4539 (c)1. Criminal history information relating to juveniles,
4540 including criminal history information consisting in whole or in
4541 part of information that is confidential and exempt under
4542 paragraph (b), shall be available to:
4543 a. A criminal justice agency for criminal justice purposes
4544 on a priority basis and free of charge;
4545 b. The person to whom the record relates, or his or her
4546 attorney;
4547 c. The parent, guardian, or legal custodian of the person
4548 to whom the record relates, provided such person has not reached
4549 the age of majority, been emancipated by a court, or been
4550 legally married; or
4551 d. An agency or entity specified in s. 943.0585(6) s.
4552 943.0585(4) or s. 943.059(6) s. 943.059(4), for the purposes
4553 specified therein, and to any person within such agency or
4554 entity who has direct responsibility for employment, access
4555 authorization, or licensure decisions.
4556 2. After providing the program with all known personal
4557 identifying information, the criminal history information
4558 relating to a juvenile which is not confidential and exempt
4559 under this subsection may be released to the private sector and
4560 noncriminal justice agencies not specified in s. 943.0585(6) s.
4561 943.0585(4) or s. 943.059(6) s. 943.059(4) in the same manner as
4562 provided in paragraph (a). Criminal history information relating
4563 to a juvenile which is not confidential and exempt under this
4564 subsection is the entire criminal history information relating
4565 to a juvenile who satisfies any of the criteria listed in sub
4566 subparagraphs (b)1.a.-d., except for any portion of such
4567 juvenile’s criminal history record which has been expunged or
4568 sealed under any law applicable to such record.
4569 3. All criminal history information relating to juveniles,
4570 other than that provided to criminal justice agencies for
4571 criminal justice purposes, shall be provided upon tender of fees
4572 as established in this subsection and in the manner prescribed
4573 by rule of the Department of Law Enforcement.
4574 Section 79. Paragraph (b) of subsection (2) of section
4575 943.0582, Florida Statutes, is amended to read:
4576 943.0582 Diversion program expunction.—
4577 (2) As used in this section, the term:
4578 (b) “Expunction” has the same meaning ascribed in and
4579 effect as s. 943.0585, except that:
4580 1. Section 943.0585(6)(b) does The provisions of s.
4581 943.0585(4)(a) do not apply, except that the criminal history
4582 record of a person whose record is expunged pursuant to this
4583 section shall be made available only to criminal justice
4584 agencies for the purpose of:
4585 a. Determining eligibility for diversion programs;
4586 b. A criminal investigation; or
4587 c. Making a prosecutorial decision under s. 985.15.
4588 2. Records maintained by local criminal justice agencies in
4589 the county in which the arrest occurred that are eligible for
4590 expunction pursuant to this section shall be sealed as the term
4591 is used in s. 943.059.
4592 Section 80. Paragraphs (a) and (b) of subsection (4) of
4593 section 985.565, Florida Statutes, are amended to read:
4594 985.565 Sentencing powers; procedures; alternatives for
4595 juveniles prosecuted as adults.—
4596 (4) SENTENCING ALTERNATIVES.—
4597 (a) Adult sanctions.—
4598 1. Cases prosecuted on indictment.—If the child is found to
4599 have committed the offense punishable by death or life
4600 imprisonment, the child shall be sentenced as an adult. If the
4601 juvenile is not found to have committed the indictable offense
4602 but is found to have committed a lesser included offense or any
4603 other offense for which he or she was indicted as a part of the
4604 criminal episode, the court may sentence as follows:
4605 a. As an adult;
4606 b. Under chapter 958; or
4607 c. As a juvenile under this section.
4608 2. Other cases.—If a child who has been transferred for
4609 criminal prosecution pursuant to information or waiver of
4610 juvenile court jurisdiction is found to have committed a
4611 violation of state law or a lesser included offense for which he
4612 or she was charged as a part of the criminal episode, the court
4613 may sentence as follows:
4614 a. As an adult;
4615 b. Under chapter 958; or
4616 c. As a juvenile under this section.
4617 3. Notwithstanding any other provision to the contrary, if
4618 the state attorney is required to file a motion to transfer and
4619 certify the juvenile for prosecution as an adult under s.
4620 985.556(3) and that motion is granted, or if the state attorney
4621 is required to file an information under s. 985.557(2)(a) or
4622 (b), the court must impose adult sanctions.
4623 4. Any sentence imposing adult sanctions is presumed
4624 appropriate, and the court is not required to set forth specific
4625 findings or enumerate the criteria in this subsection as any
4626 basis for its decision to impose adult sanctions.
4627 5. When a child has been transferred for criminal
4628 prosecution as an adult and has been found to have committed a
4629 violation of state law, the disposition of the case may include
4630 the enforcement of any restitution ordered in any juvenile
4631 proceeding.
4632 (b) Juvenile sanctions.—For juveniles transferred to adult
4633 court but who do not qualify for such transfer under s.
4634 985.556(3) or s. 985.557(2)(a) or (b), the court may impose
4635 juvenile sanctions under this paragraph. If juvenile sentences
4636 are imposed, the court shall, under this paragraph, adjudge the
4637 child to have committed a delinquent act. Adjudication of
4638 delinquency may shall not be deemed a conviction, nor shall it
4639 operate to impose any of the civil disabilities ordinarily
4640 resulting from a conviction. The court shall impose an adult
4641 sanction or a juvenile sanction and may not sentence the child
4642 to a combination of adult and juvenile punishments. An adult
4643 sanction or a juvenile sanction may include enforcement of an
4644 order of restitution or probation previously ordered in any
4645 juvenile proceeding. However, if the court imposes a juvenile
4646 sanction and the department determines that the sanction is
4647 unsuitable for the child, the department shall return custody of
4648 the child to the sentencing court for further proceedings,
4649 including the imposition of adult sanctions. Upon adjudicating a
4650 child delinquent under subsection (1), the court may:
4651 1. Place the child in a probation program under the
4652 supervision of the department for an indeterminate period of
4653 time until the child reaches the age of 19 years or sooner if
4654 discharged by order of the court.
4655 2. Commit the child to the department for treatment in an
4656 appropriate program for children for an indeterminate period of
4657 time until the child is 21 or sooner if discharged by the
4658 department. The department shall notify the court of its intent
4659 to discharge no later than 14 days before prior to discharge.
4660 Failure of the court to timely respond to the department’s
4661 notice shall be considered approval for discharge.
4662 3. Order disposition under ss. 985.435, 985.437, 985.439,
4663 985.441, 985.45, and 985.455 as an alternative to youthful
4664 offender or adult sentencing if the court determines not to
4665 impose youthful offender or adult sanctions.
4666
4667 It is the intent of the Legislature that the criteria and
4668 guidelines in this subsection are mandatory and that a
4669 determination of disposition under this subsection is subject to
4670 the right of the child to appellate review under s. 985.534.
4671 Section 81. Subsection (3) of section 921.0022, Florida
4672 Statutes, is amended to read:
4673 921.0022 Criminal Punishment Code; offense severity ranking
4674 chart.—
4675 (3) OFFENSE SEVERITY RANKING CHART
4676 (a) LEVEL 1
4677
4678 FloridaStatute FelonyDegree Description
4679 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
4680 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
4681 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more greater than $300 but less than $20,000.
4682 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
4683 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
4684 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
4685 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
4686 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
4687 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
4688 322.212(5)(a) 3rd False application for driver license or identification card.
4689 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
4690 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
4691 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more greater than $300.
4692 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
4693 562.27(1) 3rd Possess still or still apparatus.
4694 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more than $50.
4695 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
4696 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
4697 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
4698 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
4699 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
4700 826.01 3rd Bigamy.
4701 828.122(3) 3rd Fighting or baiting animals.
4702 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
4703 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
4704 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
4705 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
4706 838.15(2) 3rd Commercial bribe receiving.
4707 838.16 3rd Commercial bribery.
4708 843.18 3rd Fleeing by boat to elude a law enforcement officer.
4709 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
4710 849.01 3rd Keeping gambling house.
4711 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
4712 849.23 3rd Gambling-related machines; “common offender” as to property rights.
4713 849.25(2) 3rd Engaging in bookmaking.
4714 860.08 3rd Interfere with a railroad signal.
4715 860.13(1)(a) 3rd Operate aircraft while under the influence.
4716 893.13(2)(a)2. 3rd Purchase of cannabis.
4717 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
4718 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
4719
4720 (b) LEVEL 2
4721
4722 FloridaStatute FelonyDegree Description
4723 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
4724 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
4725 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
4726 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
4727 590.28(1) 3rd Intentional burning of lands.
4728 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
4729 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
4730 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
4731 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
4732 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
4733 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 $300 or more but less than $5,000.
4734 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750 $300, taken from unenclosed curtilage of dwelling.
4735 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
4736 817.234(1)(a)2. 3rd False statement in support of insurance claim.
4737 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
4738 817.52(3) 3rd Failure to redeliver hired vehicle.
4739 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
4740 817.60(5) 3rd Dealing in credit cards of another.
4741 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
4742 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
4743 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
4744 831.01 3rd Forgery.
4745 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
4746 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
4747 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
4748 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
4749 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
4750 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
4751 843.08 3rd False personation.
4752 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
4753 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
4754
4755 (c) LEVEL 3
4756
4757 FloridaStatute FelonyDegree Description
4758 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
4759 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
4760 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
4761 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
4762 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
4763 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
4764 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
4765 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
4766 327.35(2)(b) 3rd Felony BUI.
4767 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
4768 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
4769 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
4770 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
4771 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
4772 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
4773 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
4774 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
4775 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
4776 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
4777 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
4778 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
4779 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
4780 697.08 3rd Equity skimming.
4781 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
4782 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
4783 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
4784 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
4785 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
4786 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
4787 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
4788 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
4789 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
4790 817.233 3rd Burning to defraud insurer.
4791 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
4792 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
4793 817.236 3rd Filing a false motor vehicle insurance application.
4794 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
4795 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
4796 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
4797 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
4798 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
4799 843.19 3rd Injure, disable, or kill police dog or horse.
4800 860.15(3) 3rd Overcharging for repairs and parts.
4801 870.01(2) 3rd Riot; inciting or encouraging.
4802 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
4803 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
4804 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
4805 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
4806 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
4807 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
4808 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
4809 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
4810 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
4811 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
4812 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
4813 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
4814 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
4815 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
4816 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
4817 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
4818 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
4819
4820 (d) LEVEL 4
4821
4822 FloridaStatute FelonyDegree Description
4823 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
4824 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
4825 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
4826 517.07(1) 3rd Failure to register securities.
4827 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
4828 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
4829 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
4830 784.075 3rd Battery on detention or commitment facility staff.
4831 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
4832 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
4833 784.081(3) 3rd Battery on specified official or employee.
4834 784.082(3) 3rd Battery by detained person on visitor or other detainee.
4835 784.083(3) 3rd Battery on code inspector.
4836 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
4837 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
4838 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
4839 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
4840 787.07 3rd Human smuggling.
4841 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
4842 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
4843 790.115(2)(c) 3rd Possessing firearm on school property.
4844 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
4845 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
4846 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
4847 810.06 3rd Burglary; possession of tools.
4848 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
4849 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
4850 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items, a will, firearm, motor vehicle, livestock, etc.
4851 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
4852 817.505(4)(a) 3rd Patient brokering.
4853 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
4854 817.568(2)(a) 3rd Fraudulent use of personal identification information.
4855 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
4856 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
4857 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
4858 837.02(1) 3rd Perjury in official proceedings.
4859 837.021(1) 3rd Make contradictory statements in official proceedings.
4860 838.022 3rd Official misconduct.
4861 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
4862 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
4863 843.021 3rd Possession of a concealed handcuff key by a person in custody.
4864 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
4865 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
4866 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
4867 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
4868 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
4869 914.14(2) 3rd Witnesses accepting bribes.
4870 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
4871 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
4872 918.12 3rd Tampering with jurors.
4873 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
4874 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
4875 951.22(1)(h),(j), & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
4876
4877 (e) LEVEL 5
4878
4879 FloridaStatute FelonyDegree Description
4880 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
4881 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
4882 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
4883 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
4884 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
4885 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.
4886 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
4887 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
4888 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
4889 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
4890 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
4891 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
4892 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
4893 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
4894 790.01(2) 3rd Carrying a concealed firearm.
4895 790.162 2nd Threat to throw or discharge destructive device.
4896 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
4897 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
4898 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
4899 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
4900 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
4901 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
4902 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
4903 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
4904 812.015(8)(a), (c), (d), & (e) 3rd Retail theft; property stolen is valued at $750 $300 or more and one or more specified acts.
4905 812.019(1) 2nd Stolen property; dealing in or trafficking in.
4906 812.131(2)(b) 3rd Robbery by sudden snatching.
4907 812.16(2) 3rd Owning, operating, or conducting a chop shop.
4908 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
4909 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
4910 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.
4911 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.
4912 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
4913 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
4914 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
4915 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
4916 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
4917 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
4918 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.
4919 843.01 3rd Resist officer with violence to person; resist arrest with violence.
4920 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
4921 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
4922 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
4923 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
4924 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
4925 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)5. drugs).
4926 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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (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.
4927 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)5. drugs) within 1,000 feet of university.
4928 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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
4929 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)5. drugs) within 1,000 feet of public housing facility.
4930 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
4931 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
4932
4933 (f) LEVEL 6
4934
4935 FloridaStatute FelonyDegree Description
4936 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
4937 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
4938 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
4939 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
4940 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
4941 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
4942 775.0875(1) 3rd Taking firearm from law enforcement officer.
4943 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
4944 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
4945 784.041 3rd Felony battery; domestic battery by strangulation.
4946 784.048(3) 3rd Aggravated stalking; credible threat.
4947 784.048(5) 3rd Aggravated stalking of person under 16.
4948 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
4949 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
4950 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
4951 784.081(2) 2nd Aggravated assault on specified official or employee.
4952 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
4953 784.083(2) 2nd Aggravated assault on code inspector.
4954 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
4955 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
4956 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
4957 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.
4958 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
4959 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
4960 794.05(1) 2nd Unlawful sexual activity with specified minor.
4961 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.
4962 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
4963 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
4964 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
4965 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
4966 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
4967 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
4968 812.015(9)(a) 2nd Retail theft; property stolen $750 $300 or more; second or subsequent conviction.
4969 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
4970 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
4971 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
4972 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
4973 825.102(1) 3rd Abuse of an elderly person or disabled adult.
4974 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
4975 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
4976 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
4977 827.03(2)(c) 3rd Abuse of a child.
4978 827.03(2)(d) 3rd Neglect of a child.
4979 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
4980 836.05 2nd Threats; extortion.
4981 836.10 2nd Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
4982 843.12 3rd Aids or assists person to escape.
4983 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
4984 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
4985 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
4986 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
4987 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.
4988 944.40 2nd Escapes.
4989 944.46 3rd Harboring, concealing, aiding escaped prisoners.
4990 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
4991 951.22(1)(i)951.22(1) 3rd Intoxicating drug, Firearm, or weapon introduced into county detention facility.
4992
4993 (g) LEVEL 7
4994
4995 FloridaStatute FelonyDegree Description
4996 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
4997 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
4998 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.
4999 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
5000 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
5001 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
5002 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
5003 456.065(2) 3rd Practicing a health care profession without a license.
5004 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
5005 458.327(1) 3rd Practicing medicine without a license.
5006 459.013(1) 3rd Practicing osteopathic medicine without a license.
5007 460.411(1) 3rd Practicing chiropractic medicine without a license.
5008 461.012(1) 3rd Practicing podiatric medicine without a license.
5009 462.17 3rd Practicing naturopathy without a license.
5010 463.015(1) 3rd Practicing optometry without a license.
5011 464.016(1) 3rd Practicing nursing without a license.
5012 465.015(2) 3rd Practicing pharmacy without a license.
5013 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
5014 467.201 3rd Practicing midwifery without a license.
5015 468.366 3rd Delivering respiratory care services without a license.
5016 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
5017 483.901(7) 3rd Practicing medical physics without a license.
5018 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
5019 484.053 3rd Dispensing hearing aids without a license.
5020 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.
5021 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.
5022 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
5023 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
5024 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
5025 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
5026 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
5027 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
5028 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
5029 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
5030 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
5031 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
5032 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
5033 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
5034 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
5035 784.048(7) 3rd Aggravated stalking; violation of court order.
5036 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
5037 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
5038 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
5039 784.081(1) 1st Aggravated battery on specified official or employee.
5040 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
5041 784.083(1) 1st Aggravated battery on code inspector.
5042 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
5043 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.
5044 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
5045 790.16(1) 1st Discharge of a machine gun under specified circumstances.
5046 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
5047 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
5048 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
5049 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
5050 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
5051 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.
5052 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
5053 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
5054 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
5055 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.
5056 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.
5057 806.01(2) 2nd Maliciously damage structure by fire or explosive.
5058 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
5059 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
5060 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
5061 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
5062 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.
5063 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
5064 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
5065 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
5066 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
5067 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
5068 812.131(2)(a) 2nd Robbery by sudden snatching.
5069 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
5070 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
5071 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
5072 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
5073 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
5074 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.
5075 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
5076 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
5077 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
5078 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.
5079 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
5080 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
5081 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
5082 838.015 2nd Bribery.
5083 838.016 2nd Unlawful compensation or reward for official behavior.
5084 838.021(3)(a) 2nd Unlawful harm to a public servant.
5085 838.22 2nd Bid tampering.
5086 843.0855(2) 3rd Impersonation of a public officer or employee.
5087 843.0855(3) 3rd Unlawful simulation of legal process.
5088 843.0855(4) 3rd Intimidation of a public officer or employee.
5089 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
5090 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
5091 872.06 2nd Abuse of a dead human body.
5092 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
5093 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
5094 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)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
5095 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)5., within 1,000 feet of property used for religious services or a specified business site.
5096 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
5097 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
5098 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
5099 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
5100 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 14 grams or more, less than 50 28 grams.
5101 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 28 grams or more, less than 100 50 grams.
5102 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
5103 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
5104 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
5105 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
5106 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
5107 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
5108 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
5109 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
5110 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
5111 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
5112 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
5113 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
5114 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
5115 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
5116 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
5117 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
5118 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
5119 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
5120 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
5121 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
5122 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
5123 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
5124 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
5125 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
5126 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
5127 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
5128 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
5129 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
5130
5131 (h) LEVEL 8
5132
5133 FloridaStatute FelonyDegree Description
5134 316.193 (3)(c)3.a. 2nd DUI manslaughter.
5135 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
5136 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
5137 499.0051(6) 1st Knowing trafficking in contraband prescription drugs.
5138 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels.
5139 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.
5140 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.
5141 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
5142 777.03(2)(a) 1st Accessory after the fact, capital felony.
5143 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.
5144 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
5145 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
5146 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
5147 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
5148 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
5149 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
5150 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.
5151 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.
5152 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
5153 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.
5154 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.
5155 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.
5156 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.
5157 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
5158 800.04(4)(b) 2nd Lewd or lascivious battery.
5159 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
5160 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
5161 810.02(2)(a) 1st,PBL Burglary with assault or battery.
5162 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
5163 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
5164 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
5165 812.13(2)(b) 1st Robbery with a weapon.
5166 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
5167 817.505(4)(c) 1st Patient brokering; 20 or more patients.
5168 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
5169 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
5170 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
5171 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.
5172 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
5173 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
5174 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
5175 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
5176 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
5177 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
5178 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
5179 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
5180 860.16 1st Aircraft piracy.
5181 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).
5182 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
5183 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
5184 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
5185 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
5186 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
5187 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 100 50 grams or more, less than 300 200 grams.
5188 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
5189 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams.
5190 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
5191 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
5192 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams.
5193 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
5194 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
5195 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
5196 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
5197 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
5198 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
5199 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
5200 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
5201 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
5202 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
5203 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
5204 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.
5205
5206 (i) LEVEL 9
5207
5208 FloridaStatute FelonyDegree Description
5209 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
5210 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
5211 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
5212 499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
5213 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
5214 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
5215 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
5216 775.0844 1st Aggravated white collar crime.
5217 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
5218 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
5219 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
5220 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
5221 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
5222 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
5223 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
5224 787.02(3)(a) 1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
5225 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
5226 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
5227 787.06(3)(f)1. 1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
5228 790.161 1st Attempted capital destructive device offense.
5229 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
5230 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
5231 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
5232 794.011(4)(a) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
5233 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
5234 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
5235 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
5236 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
5237 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
5238 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
5239 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
5240 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
5241 812.135(2)(b) 1st Home-invasion robbery with weapon.
5242 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
5243 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
5244 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
5245 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
5246 827.03(2)(a) 1st Aggravated child abuse.
5247 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
5248 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
5249 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
5250 893.135 1st Attempted capital trafficking offense.
5251 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
5252 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
5253 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
5254 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 300 200 grams or more, less than 30 kilograms.
5255 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
5256 893.135 (1)(c)4.b.(III) 1st Trafficking in fentanyl, 28 grams or more.
5257 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, 400 grams or more.
5258 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, 25 kilograms or more.
5259 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, 200 grams or more.
5260 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
5261 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
5262 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
5263 893.135 (1)(m)2.d. 1st Trafficking in synthetic cannabinoids, 30 kilograms or more.
5264 893.135 (1)(n)2.c. 1st Trafficking in n-benzyl phenethylamines, 200 grams or more.
5265 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
5266 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
5267
5268 (j) LEVEL 10
5269
5270 FloridaStatute FelonyDegree Description
5271 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in death.
5272 782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
5273 782.07(3) 1st Aggravated manslaughter of a child.
5274 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
5275 787.01(3)(a) Life Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
5276 787.06(3)(g) Life Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person.
5277 787.06(4)(a) Life Selling or buying of minors into human trafficking.
5278 794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
5279 812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon.
5280 876.32 1st Treason against the state.
5281
5282 Section 82. For the purpose of incorporating the amendment
5283 made by this act to section 322.056, Florida Statutes, in a
5284 reference thereto, subsection (11) of section 322.05, Florida
5285 Statutes, is reenacted to read:
5286 322.05 Persons not to be licensed.—The department may not
5287 issue a license:
5288 (11) To any person who is ineligible under s. 322.056.
5289 Section 83. For the purpose of incorporating the amendment
5290 made by this act to section 322.34, Florida Statutes, in a
5291 reference thereto, paragraph (c) of subsection (2) of section
5292 316.027, Florida Statutes, is reenacted to read:
5293 316.027 Crash involving death or personal injuries.—
5294 (2)
5295 (c) The driver of a vehicle involved in a crash occurring
5296 on public or private property which results in the death of a
5297 person shall immediately stop the vehicle at the scene of the
5298 crash, or as close thereto as possible, and shall remain at the
5299 scene of the crash until he or she has fulfilled the
5300 requirements of s. 316.062. A person who is arrested for a
5301 violation of this paragraph and who has previously been
5302 convicted of a violation of this section, s. 316.061, s.
5303 316.191, or s. 316.193, or a felony violation of s. 322.34,
5304 shall be held in custody until brought before the court for
5305 admittance to bail in accordance with chapter 903. A person who
5306 willfully violates this paragraph commits a felony of the first
5307 degree, punishable as provided in s. 775.082, s. 775.083, or s.
5308 775.084, and shall be sentenced to a mandatory minimum term of
5309 imprisonment of 4 years. A person who willfully commits such a
5310 violation while driving under the influence as set forth in s.
5311 316.193(1) shall be sentenced to a mandatory minimum term of
5312 imprisonment of 4 years.
5313 Section 84. For the purpose of incorporating the amendment
5314 made by this act to section 322.34, Florida Statutes, in a
5315 reference thereto, paragraph (c) of subsection (4) of section
5316 907.041, Florida Statutes, is reenacted to read:
5317 907.041 Pretrial detention and release.—
5318 (4) PRETRIAL DETENTION.—
5319 (c) The court may order pretrial detention if it finds a
5320 substantial probability, based on a defendant’s past and present
5321 patterns of behavior, the criteria in s. 903.046, and any other
5322 relevant facts, that any of the following circumstances exist:
5323 1. The defendant has previously violated conditions of
5324 release and that no further conditions of release are reasonably
5325 likely to assure the defendant’s appearance at subsequent
5326 proceedings;
5327 2. The defendant, with the intent to obstruct the judicial
5328 process, has threatened, intimidated, or injured any victim,
5329 potential witness, juror, or judicial officer, or has attempted
5330 or conspired to do so, and that no condition of release will
5331 reasonably prevent the obstruction of the judicial process;
5332 3. The defendant is charged with trafficking in controlled
5333 substances as defined by s. 893.135, that there is a substantial
5334 probability that the defendant has committed the offense, and
5335 that no conditions of release will reasonably assure the
5336 defendant’s appearance at subsequent criminal proceedings;
5337 4. The defendant is charged with DUI manslaughter, as
5338 defined by s. 316.193, and that there is a substantial
5339 probability that the defendant committed the crime and that the
5340 defendant poses a threat of harm to the community; conditions
5341 that would support a finding by the court pursuant to this
5342 subparagraph that the defendant poses a threat of harm to the
5343 community include, but are not limited to, any of the following:
5344 a. The defendant has previously been convicted of any crime
5345 under s. 316.193, or of any crime in any other state or
5346 territory of the United States that is substantially similar to
5347 any crime under s. 316.193;
5348 b. The defendant was driving with a suspended driver
5349 license when the charged crime was committed; or
5350 c. The defendant has previously been found guilty of, or
5351 has had adjudication of guilt withheld for, driving while the
5352 defendant’s driver license was suspended or revoked in violation
5353 of s. 322.34;
5354 5. The defendant poses the threat of harm to the community.
5355 The court may so conclude, if it finds that the defendant is
5356 presently charged with a dangerous crime, that there is a
5357 substantial probability that the defendant committed such crime,
5358 that the factual circumstances of the crime indicate a disregard
5359 for the safety of the community, and that there are no
5360 conditions of release reasonably sufficient to protect the
5361 community from the risk of physical harm to persons;
5362 6. The defendant was on probation, parole, or other release
5363 pending completion of sentence or on pretrial release for a
5364 dangerous crime at the time the current offense was committed;
5365 7. The defendant has violated one or more conditions of
5366 pretrial release or bond for the offense currently before the
5367 court and the violation, in the discretion of the court,
5368 supports a finding that no conditions of release can reasonably
5369 protect the community from risk of physical harm to persons or
5370 assure the presence of the accused at trial; or
5371 8.a. The defendant has ever been sentenced pursuant to s.
5372 775.082(9) or s. 775.084 as a prison releasee reoffender,
5373 habitual violent felony offender, three-time violent felony
5374 offender, or violent career criminal, or the state attorney
5375 files a notice seeking that the defendant be sentenced pursuant
5376 to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
5377 habitual violent felony offender, three-time violent felony
5378 offender, or violent career criminal;
5379 b. There is a substantial probability that the defendant
5380 committed the offense; and
5381 c. There are no conditions of release that can reasonably
5382 protect the community from risk of physical harm or ensure the
5383 presence of the accused at trial.
5384 Section 85. For the purpose of incorporating the amendment
5385 made by this act to section 509.151, Florida Statutes, in a
5386 reference thereto, section 509.161, Florida Statutes, is
5387 reenacted to read:
5388 509.161 Rules of evidence in prosecutions.—In prosecutions
5389 under s. 509.151, proof that lodging, food, or other
5390 accommodations were obtained by false pretense; by false or
5391 fictitious show of baggage or other property; by absconding
5392 without paying or offering to pay for such food, lodging, or
5393 accommodations; or by surreptitiously removing or attempting to
5394 remove baggage shall constitute prima facie evidence of
5395 fraudulent intent. If the operator of the establishment has
5396 probable cause to believe, and does believe, that any person has
5397 obtained food, lodging, or other accommodations at such
5398 establishment with intent to defraud the operator thereof, the
5399 failure to make payment upon demand therefor, there being no
5400 dispute as to the amount owed, shall constitute prima facie
5401 evidence of fraudulent intent in such prosecutions.
5402 Section 86. For the purpose of incorporating the amendment
5403 made by this act to section 784.048, Florida Statutes, in a
5404 reference thereto, paragraph (c) of subsection (2) of section
5405 790.065, Florida Statutes, is reenacted to read:
5406 790.065 Sale and delivery of firearms.—
5407 (2) Upon receipt of a request for a criminal history record
5408 check, the Department of Law Enforcement shall, during the
5409 licensee’s call or by return call, forthwith:
5410 (c)1. Review any records available to it to determine
5411 whether the potential buyer or transferee has been indicted or
5412 has had an information filed against her or him for an offense
5413 that is a felony under either state or federal law, or, as
5414 mandated by federal law, has had an injunction for protection
5415 against domestic violence entered against the potential buyer or
5416 transferee under s. 741.30, has had an injunction for protection
5417 against repeat violence entered against the potential buyer or
5418 transferee under s. 784.046, or has been arrested for a
5419 dangerous crime as specified in s. 907.041(4)(a) or for any of
5420 the following enumerated offenses:
5421 a. Criminal anarchy under ss. 876.01 and 876.02.
5422 b. Extortion under s. 836.05.
5423 c. Explosives violations under s. 552.22(1) and (2).
5424 d. Controlled substances violations under chapter 893.
5425 e. Resisting an officer with violence under s. 843.01.
5426 f. Weapons and firearms violations under this chapter.
5427 g. Treason under s. 876.32.
5428 h. Assisting self-murder under s. 782.08.
5429 i. Sabotage under s. 876.38.
5430 j. Stalking or aggravated stalking under s. 784.048.
5431
5432 If the review indicates any such indictment, information, or
5433 arrest, the department shall provide to the licensee a
5434 conditional nonapproval number.
5435 2. Within 24 working hours, the department shall determine
5436 the disposition of the indictment, information, or arrest and
5437 inform the licensee as to whether the potential buyer is
5438 prohibited from receiving or possessing a firearm. For purposes
5439 of this paragraph, “working hours” means the hours from 8 a.m.
5440 to 5 p.m. Monday through Friday, excluding legal holidays.
5441 3. The office of the clerk of court, at no charge to the
5442 department, shall respond to any department request for data on
5443 the disposition of the indictment, information, or arrest as
5444 soon as possible, but in no event later than 8 working hours.
5445 4. The department shall determine as quickly as possible
5446 within the allotted time period whether the potential buyer is
5447 prohibited from receiving or possessing a firearm.
5448 5. If the potential buyer is not so prohibited, or if the
5449 department cannot determine the disposition information within
5450 the allotted time period, the department shall provide the
5451 licensee with a conditional approval number.
5452 6. If the buyer is so prohibited, the conditional
5453 nonapproval number shall become a nonapproval number.
5454 7. The department shall continue its attempts to obtain the
5455 disposition information and may retain a record of all approval
5456 numbers granted without sufficient disposition information. If
5457 the department later obtains disposition information which
5458 indicates:
5459 a. That the potential buyer is not prohibited from owning a
5460 firearm, it shall treat the record of the transaction in
5461 accordance with this section; or
5462 b. That the potential buyer is prohibited from owning a
5463 firearm, it shall immediately revoke the conditional approval
5464 number and notify local law enforcement.
5465 8. During the time that disposition of the indictment,
5466 information, or arrest is pending and until the department is
5467 notified by the potential buyer that there has been a final
5468 disposition of the indictment, information, or arrest, the
5469 conditional nonapproval number shall remain in effect.
5470 Section 87. For the purpose of incorporating the amendment
5471 made by this act to section 784.048, Florida Statutes, in a
5472 reference thereto, subsection (1) of section 794.056, Florida
5473 Statutes, is reenacted to read:
5474 794.056 Rape Crisis Program Trust Fund.—
5475 (1) The Rape Crisis Program Trust Fund is created within
5476 the Department of Health for the purpose of providing funds for
5477 rape crisis centers in this state. Trust fund moneys shall be
5478 used exclusively for the purpose of providing services for
5479 victims of sexual assault. Funds credited to the trust fund
5480 consist of those funds collected as an additional court
5481 assessment in each case in which a defendant pleads guilty or
5482 nolo contendere to, or is found guilty of, regardless of
5483 adjudication, an offense provided in s. 775.21(6) and (10)(a),
5484 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
5485 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
5486 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
5487 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
5488 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
5489 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
5490 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
5491 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
5492 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
5493 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
5494 fund also shall include revenues provided by law, moneys
5495 appropriated by the Legislature, and grants from public or
5496 private entities.
5497 Section 88. For the purpose of incorporating the amendment
5498 made by this act to section 784.048, Florida Statutes, in a
5499 reference thereto, subsection (4) of section 847.0141, Florida
5500 Statutes, is reenacted to read:
5501 847.0141 Sexting; prohibited acts; penalties.—
5502 (4) This section does not prohibit the prosecution of a
5503 minor for a violation of any law of this state if the photograph
5504 or video that depicts nudity also includes the depiction of
5505 sexual conduct or sexual excitement, and does not prohibit the
5506 prosecution of a minor for stalking under s. 784.048.
5507 Section 89. For the purpose of incorporating the amendment
5508 made by this act to section 784.048, Florida Statutes, in a
5509 reference thereto, subsection (5) of section 901.41, Florida
5510 Statutes, is reenacted to read:
5511 901.41 Prearrest diversion programs.—
5512 (5) ELIGIBILITY.—A violent misdemeanor, a misdemeanor crime
5513 of domestic violence, as defined in s. 741.28, or a misdemeanor
5514 under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048,
5515 s. 784.0487, or s. 784.049 does not qualify for a civil citation
5516 or prearrest diversion program.
5517 Section 90. For the purpose of incorporating the amendment
5518 made by this act to section 784.048, Florida Statutes, in a
5519 reference thereto, section 938.08, Florida Statutes, is
5520 reenacted to read:
5521 938.08 Additional cost to fund programs in domestic
5522 violence.—In addition to any sanction imposed for a violation of
5523 s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s.
5524 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
5525 784.083, s. 784.085, s. 794.011, or for any offense of domestic
5526 violence described in s. 741.28, the court shall impose a
5527 surcharge of $201. Payment of the surcharge shall be a condition
5528 of probation, community control, or any other court-ordered
5529 supervision. The sum of $85 of the surcharge shall be deposited
5530 into the Domestic Violence Trust Fund established in s. 741.01.
5531 The clerk of the court shall retain $1 of each surcharge that
5532 the clerk of the court collects as a service charge of the
5533 clerk’s office. The remainder of the surcharge shall be provided
5534 to the governing board of the county and must be used only to
5535 defray the costs of incarcerating persons sentenced under s.
5536 741.283 and provide additional training to law enforcement
5537 personnel in combating domestic violence.
5538 Section 91. For the purpose of incorporating the amendment
5539 made by this act to section 784.048, Florida Statutes, in a
5540 reference thereto, section 938.085, Florida Statutes, is
5541 reenacted to read:
5542 938.085 Additional cost to fund rape crisis centers.—In
5543 addition to any sanction imposed when a person pleads guilty or
5544 nolo contendere to, or is found guilty of, regardless of
5545 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
5546 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
5547 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
5548 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
5549 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
5550 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
5551 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
5552 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
5553 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
5554 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
5555 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
5556 $151. Payment of the surcharge shall be a condition of
5557 probation, community control, or any other court-ordered
5558 supervision. The sum of $150 of the surcharge shall be deposited
5559 into the Rape Crisis Program Trust Fund established within the
5560 Department of Health by chapter 2003-140, Laws of Florida. The
5561 clerk of the court shall retain $1 of each surcharge that the
5562 clerk of the court collects as a service charge of the clerk’s
5563 office.
5564 Section 92. For the purpose of incorporating the amendment
5565 made by this act to section 784.048, Florida Statutes, in a
5566 reference thereto, paragraph (c) of subsection (8) of section
5567 948.06, Florida Statutes, is reenacted to read:
5568 948.06 Violation of probation or community control;
5569 revocation; modification; continuance; failure to pay
5570 restitution or cost of supervision.—
5571 (8)
5572 (c) For purposes of this section, the term “qualifying
5573 offense” means any of the following:
5574 1. Kidnapping or attempted kidnapping under s. 787.01,
5575 false imprisonment of a child under the age of 13 under s.
5576 787.02(3), or luring or enticing a child under s. 787.025(2)(b)
5577 or (c).
5578 2. Murder or attempted murder under s. 782.04, attempted
5579 felony murder under s. 782.051, or manslaughter under s. 782.07.
5580 3. Aggravated battery or attempted aggravated battery under
5581 s. 784.045.
5582 4. Sexual battery or attempted sexual battery under s.
5583 794.011(2), (3), (4), or (8)(b) or (c).
5584 5. Lewd or lascivious battery or attempted lewd or
5585 lascivious battery under s. 800.04(4), lewd or lascivious
5586 molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
5587 conduct under s. 800.04(6)(b), lewd or lascivious exhibition
5588 under s. 800.04(7)(b), or lewd or lascivious exhibition on
5589 computer under s. 847.0135(5)(b).
5590 6. Robbery or attempted robbery under s. 812.13, carjacking
5591 or attempted carjacking under s. 812.133, or home invasion
5592 robbery or attempted home invasion robbery under s. 812.135.
5593 7. Lewd or lascivious offense upon or in the presence of an
5594 elderly or disabled person or attempted lewd or lascivious
5595 offense upon or in the presence of an elderly or disabled person
5596 under s. 825.1025.
5597 8. Sexual performance by a child or attempted sexual
5598 performance by a child under s. 827.071.
5599 9. Computer pornography under s. 847.0135(2) or (3),
5600 transmission of child pornography under s. 847.0137, or selling
5601 or buying of minors under s. 847.0145.
5602 10. Poisoning food or water under s. 859.01.
5603 11. Abuse of a dead human body under s. 872.06.
5604 12. Any burglary offense or attempted burglary offense that
5605 is either a first degree felony or second degree felony under s.
5606 810.02(2) or (3).
5607 13. Arson or attempted arson under s. 806.01(1).
5608 14. Aggravated assault under s. 784.021.
5609 15. Aggravated stalking under s. 784.048(3), (4), (5), or
5610 (7).
5611 16. Aircraft piracy under s. 860.16.
5612 17. Unlawful throwing, placing, or discharging of a
5613 destructive device or bomb under s. 790.161(2), (3), or (4).
5614 18. Treason under s. 876.32.
5615 19. Any offense committed in another jurisdiction which
5616 would be an offense listed in this paragraph if that offense had
5617 been committed in this state.
5618 Section 93. For the purpose of incorporating the amendment
5619 made by this act to section 784.048, Florida Statutes, in a
5620 reference thereto, subsection (1) of section 948.062, Florida
5621 Statutes, is reenacted to read:
5622 948.062 Reviewing and reporting serious offenses committed
5623 by offenders placed on probation or community control.—
5624 (1) The department shall review the circumstances related
5625 to an offender placed on probation or community control who has
5626 been arrested while on supervision for the following offenses:
5627 (a) Any murder as provided in s. 782.04;
5628 (b) Any sexual battery as provided in s. 794.011 or s.
5629 794.023;
5630 (c) Any sexual performance by a child as provided in s.
5631 827.071;
5632 (d) Any kidnapping, false imprisonment, or luring of a
5633 child as provided in s. 787.01, s. 787.02, or s. 787.025;
5634 (e) Any lewd and lascivious battery or lewd and lascivious
5635 molestation as provided in s. 800.04(4) or (5);
5636 (f) Any aggravated child abuse as provided in s.
5637 827.03(2)(a);
5638 (g) Any robbery with a firearm or other deadly weapon, home
5639 invasion robbery, or carjacking as provided in s. 812.13(2)(a),
5640 s. 812.135, or s. 812.133;
5641 (h) Any aggravated stalking as provided in s. 784.048(3),
5642 (4), or (5);
5643 (i) Any forcible felony as provided in s. 776.08, committed
5644 by a person on probation or community control who is designated
5645 as a sexual predator; or
5646 (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
5647 or vehicular or vessel homicide as provided in s. 782.071 or s.
5648 782.072, committed by a person who is on probation or community
5649 control for an offense involving death or injury resulting from
5650 a driving incident.
5651 Section 94. For the purpose of incorporating the amendment
5652 made by this act to section 784.048, Florida Statutes, in a
5653 reference thereto, paragraph (b) of subsection (1) of section
5654 960.001, Florida Statutes, is reenacted to read:
5655 960.001 Guidelines for fair treatment of victims and
5656 witnesses in the criminal justice and juvenile justice systems.—
5657 (1) The Department of Legal Affairs, the state attorneys,
5658 the Department of Corrections, the Department of Juvenile
5659 Justice, the Florida Commission on Offender Review, the State
5660 Courts Administrator and circuit court administrators, the
5661 Department of Law Enforcement, and every sheriff’s department,
5662 police department, or other law enforcement agency as defined in
5663 s. 943.10(4) shall develop and implement guidelines for the use
5664 of their respective agencies, which guidelines are consistent
5665 with the purposes of this act and s. 16(b), Art. I of the State
5666 Constitution and are designed to implement s. 16(b), Art. I of
5667 the State Constitution and to achieve the following objectives:
5668 (b) Information for purposes of notifying victim or
5669 appropriate next of kin of victim or other designated contact of
5670 victim.—In the case of a homicide, pursuant to chapter 782; or a
5671 sexual offense, pursuant to chapter 794; or an attempted murder
5672 or sexual offense, pursuant to chapter 777; or stalking,
5673 pursuant to s. 784.048; or domestic violence, pursuant to s.
5674 25.385:
5675 1. The arresting law enforcement officer or personnel of an
5676 organization that provides assistance to a victim or to the
5677 appropriate next of kin of the victim or other designated
5678 contact must request that the victim or appropriate next of kin
5679 of the victim or other designated contact complete a victim
5680 notification card. However, the victim or appropriate next of
5681 kin of the victim or other designated contact may choose not to
5682 complete the victim notification card.
5683 2. Unless the victim or the appropriate next of kin of the
5684 victim or other designated contact waives the option to complete
5685 the victim notification card, a copy of the victim notification
5686 card must be filed with the incident report or warrant in the
5687 sheriff’s office of the jurisdiction in which the incident
5688 report or warrant originated. The notification card shall, at a
5689 minimum, consist of:
5690 a. The name, address, and phone number of the victim; or
5691 b. The name, address, and phone number of the appropriate
5692 next of kin of the victim; or
5693 c. The name, address, and telephone number of a designated
5694 contact other than the victim or appropriate next of kin of the
5695 victim; and
5696 d. Any relevant identification or case numbers assigned to
5697 the case.
5698 3. The chief administrator, or a person designated by the
5699 chief administrator, of a county jail, municipal jail, juvenile
5700 detention facility, or residential commitment facility shall
5701 make a reasonable attempt to notify the alleged victim or
5702 appropriate next of kin of the alleged victim or other
5703 designated contact within 4 hours following the release of the
5704 defendant on bail or, in the case of a juvenile offender, upon
5705 the release from residential detention or commitment. If the
5706 chief administrator, or designee, is unable to contact the
5707 alleged victim or appropriate next of kin of the alleged victim
5708 or other designated contact by telephone, the chief
5709 administrator, or designee, must send to the alleged victim or
5710 appropriate next of kin of the alleged victim or other
5711 designated contact a written notification of the defendant’s
5712 release.
5713 4. Unless otherwise requested by the victim or the
5714 appropriate next of kin of the victim or other designated
5715 contact, the information contained on the victim notification
5716 card must be sent by the chief administrator, or designee, of
5717 the appropriate facility to the subsequent correctional or
5718 residential commitment facility following the sentencing and
5719 incarceration of the defendant, and unless otherwise requested
5720 by the victim or the appropriate next of kin of the victim or
5721 other designated contact, he or she must be notified of the
5722 release of the defendant from incarceration as provided by law.
5723 5. If the defendant was arrested pursuant to a warrant
5724 issued or taken into custody pursuant to s. 985.101 in a
5725 jurisdiction other than the jurisdiction in which the defendant
5726 is being released, and the alleged victim or appropriate next of
5727 kin of the alleged victim or other designated contact does not
5728 waive the option for notification of release, the chief
5729 correctional officer or chief administrator of the facility
5730 releasing the defendant shall make a reasonable attempt to
5731 immediately notify the chief correctional officer of the
5732 jurisdiction in which the warrant was issued or the juvenile was
5733 taken into custody pursuant to s. 985.101, and the chief
5734 correctional officer of that jurisdiction shall make a
5735 reasonable attempt to notify the alleged victim or appropriate
5736 next of kin of the alleged victim or other designated contact,
5737 as provided in this paragraph, that the defendant has been or
5738 will be released.
5739 Section 95. For the purpose of incorporating the amendment
5740 made by this act to section 784.048, Florida Statutes, in a
5741 reference thereto, paragraph (b) of subsection (3) of section
5742 985.265, Florida Statutes, is reenacted to read:
5743 985.265 Detention transfer and release; education; adult
5744 jails.—
5745 (3)
5746 (b) When a juvenile is released from secure detention or
5747 transferred to nonsecure detention, detention staff shall
5748 immediately notify the appropriate law enforcement agency,
5749 school personnel, and victim if the juvenile is charged with
5750 committing any of the following offenses or attempting to commit
5751 any of the following offenses:
5752 1. Murder, under s. 782.04;
5753 2. Sexual battery, under chapter 794;
5754 3. Stalking, under s. 784.048; or
5755 4. Domestic violence, as defined in s. 741.28.
5756 Section 96. For the purpose of incorporating the amendment
5757 made by this act to section 784.048, Florida Statutes, in a
5758 reference thereto, paragraph (e) of subsection (3) of section
5759 1006.147, Florida Statutes, is reenacted to read:
5760 1006.147 Bullying and harassment prohibited.—
5761 (3) For purposes of this section:
5762 (e) Definitions in s. 815.03 and the definition in s.
5763 784.048(1)(d) relating to stalking are applicable to this
5764 section.
5765 Section 97. For the purpose of incorporating the amendment
5766 made by this act to section 806.13, Florida Statutes, in a
5767 reference thereto, subsection (1) of section 316.0775, Florida
5768 Statutes, is reenacted to read:
5769 316.0775 Interference with official traffic control devices
5770 or railroad signs or signals.—
5771 (1) A person may not, without lawful authority, attempt to
5772 or in fact alter, deface, injure, knock down, or remove any
5773 official traffic control device or any railroad sign or signal
5774 or any inscription, shield, or insignia thereon, or any other
5775 part thereof. A violation of this subsection is a criminal
5776 violation pursuant to s. 318.17 and shall be punishable as set
5777 forth in s. 806.13 related to criminal mischief and graffiti,
5778 beginning on or after July 1, 2000.
5779 Section 98. For the purpose of incorporating the amendment
5780 made by this act to section 812.014, Florida Statutes, in a
5781 reference thereto, subsection (10) of section 95.18, Florida
5782 Statutes, is reenacted to read:
5783 95.18 Real property actions; adverse possession without
5784 color of title.—
5785 (10) A person who occupies or attempts to occupy a
5786 residential structure solely by claim of adverse possession
5787 under this section and offers the property for lease to another
5788 commits theft under s. 812.014.
5789 Section 99. For the purpose of incorporating the amendment
5790 made by this act to section 812.014, Florida Statutes, in a
5791 reference thereto, paragraph (c) of subsection (3) of section
5792 373.6055, Florida Statutes, is reenacted to read:
5793 373.6055 Criminal history checks for certain water
5794 management district employees and others.—
5795 (3)
5796 (c) In addition to other requirements for employment or
5797 access established by any water management district pursuant to
5798 its water management district’s security plan for buildings,
5799 facilities, and structures, each water management district’s
5800 security plan shall provide that:
5801 1. Any person who has within the past 7 years been
5802 convicted, regardless of whether adjudication was withheld, for
5803 a forcible felony as defined in s. 776.08; an act of terrorism
5804 as defined in s. 775.30; planting of a hoax bomb as provided in
5805 s. 790.165; any violation involving the manufacture, possession,
5806 sale, delivery, display, use, or attempted or threatened use of
5807 a weapon of mass destruction or hoax weapon of mass destruction
5808 as provided in s. 790.166; dealing in stolen property; any
5809 violation of s. 893.135; any violation involving the sale,
5810 manufacturing, delivery, or possession with intent to sell,
5811 manufacture, or deliver a controlled substance; burglary;
5812 robbery; any felony violation of s. 812.014; any violation of s.
5813 790.07; any crime an element of which includes use or possession
5814 of a firearm; any conviction for any similar offenses under the
5815 laws of another jurisdiction; or conviction for conspiracy to
5816 commit any of the listed offenses may not be qualified for
5817 initial employment within or authorized regular access to
5818 buildings, facilities, or structures defined in the water
5819 management district’s security plan as restricted access areas.
5820 2. Any person who has at any time been convicted of any of
5821 the offenses listed in subparagraph 1. may not be qualified for
5822 initial employment within or authorized regular access to
5823 buildings, facilities, or structures defined in the water
5824 management district’s security plan as restricted access areas
5825 unless, after release from incarceration and any supervision
5826 imposed as a sentence, the person remained free from a
5827 subsequent conviction, regardless of whether adjudication was
5828 withheld, for any of the listed offenses for a period of at
5829 least 7 years prior to the employment or access date under
5830 consideration.
5831 Section 100. For the purpose of incorporating the amendment
5832 made by this act to section 812.014, Florida Statutes, in a
5833 reference thereto, subsection (3) of section 400.9935, Florida
5834 Statutes, is reenacted to read:
5835 400.9935 Clinic responsibilities.—
5836 (3) A charge or reimbursement claim made by or on behalf of
5837 a clinic that is required to be licensed under this part but
5838 that is not so licensed, or that is otherwise operating in
5839 violation of this part, regardless of whether a service is
5840 rendered or whether the charge or reimbursement claim is paid,
5841 is an unlawful charge and is noncompensable and unenforceable. A
5842 person who knowingly makes or causes to be made an unlawful
5843 charge commits theft within the meaning of and punishable as
5844 provided in s. 812.014.
5845 Section 101. For the purpose of incorporating the amendment
5846 made by this act to section 812.014, Florida Statutes, in a
5847 reference thereto, subsection (10) of section 550.6305, Florida
5848 Statutes, is reenacted to read:
5849 550.6305 Intertrack wagering; guest track payments;
5850 accounting rules.—
5851 (10) All races or games conducted at a permitholder’s
5852 facility, all broadcasts of such races or games, and all
5853 broadcast rights relating thereto are owned by the permitholder
5854 at whose facility such races or games are conducted and
5855 constitute the permitholder’s property as defined in s.
5856 812.012(4). Transmission, reception of a transmission,
5857 exhibition, use, or other appropriation of such races or games,
5858 broadcasts of such races or games, or broadcast rights relating
5859 thereto without the written consent of the permitholder
5860 constitutes a theft of such property under s. 812.014; and in
5861 addition to the penal sanctions contained in s. 812.014, the
5862 permitholder has the right to avail itself of the civil remedies
5863 specified in ss. 772.104, 772.11, and 812.035 in addition to any
5864 other remedies available under applicable state or federal law.
5865 Section 102. For the purpose of incorporating the amendment
5866 made by this act to section 812.014, Florida Statutes, in a
5867 reference thereto, subsection (2) of section 627.743, Florida
5868 Statutes, is reenacted to read:
5869 627.743 Payment of third-party claims.—
5870 (2) When making any payment on a third party claim for
5871 damage to an automobile for a partial loss, the insurer shall
5872 have printed on the loss estimate, if prepared by the insurer,
5873 the following: “Failure to use the insurance proceeds in
5874 accordance with the security agreement, if any, could be a
5875 violation of s. 812.014, Florida Statutes. If you have any
5876 questions, contact your lending institution.” However, this
5877 subsection does not apply if the insurer does not prepare the
5878 loss estimate.
5879 Section 103. For the purpose of incorporating the amendment
5880 made by this act to section 812.014, Florida Statutes, in a
5881 reference thereto, subsection (2) of section 634.421, Florida
5882 Statutes, is reenacted to read:
5883 634.421 Reporting and accounting for funds.—
5884 (2) Any sales representative who, not being entitled
5885 thereto, diverts or appropriates funds or any portion thereof to
5886 her or his own use commits theft as provided in s. 812.014.
5887 Section 104. For the purpose of incorporating the amendment
5888 made by this act to section 812.014, Florida Statutes, in a
5889 reference thereto, subsection (2) of section 642.038, Florida
5890 Statutes, is reenacted to read:
5891 642.038 Reporting and accounting for funds.—
5892 (2) Any sales representative who, not being entitled
5893 thereto, diverts or appropriates such funds or any portion
5894 thereof to his or her own use commits theft as provided in s.
5895 812.014.
5896 Section 105. For the purpose of incorporating the amendment
5897 made by this act to section 812.014, Florida Statutes, in a
5898 reference thereto, subsection (4) of section 705.102, Florida
5899 Statutes, is reenacted to read:
5900 705.102 Reporting lost or abandoned property.—
5901 (4) Any person who unlawfully appropriates such lost or
5902 abandoned property to his or her own use or refuses to deliver
5903 such property when required commits theft as defined in s.
5904 812.014, punishable as provided in s. 775.082, s. 775.083, or s.
5905 775.084.
5906 Section 106. For the purpose of incorporating the amendment
5907 made by this act to section 812.014, Florida Statutes, in a
5908 reference thereto, subsection (7) of section 812.14, Florida
5909 Statutes, is reenacted to read:
5910 812.14 Trespass and larceny with relation to utility
5911 fixtures; theft of utility services.—
5912 (7) An owner, lessor, or sublessor who willfully violates
5913 subsection (5) commits a misdemeanor of the first degree,
5914 punishable as provided in s. 775.082 or s. 775.083. Prosecution
5915 for a violation of subsection (5) does not preclude prosecution
5916 for theft pursuant to subsection (8) or s. 812.014.
5917 Section 107. For the purpose of incorporating the amendment
5918 made by this act to section 812.014, Florida Statutes, in a
5919 reference thereto, subsection (3) of section 893.138, Florida
5920 Statutes, is reenacted to read:
5921 893.138 Local administrative action to abate drug-related,
5922 prostitution-related, or stolen-property-related public
5923 nuisances and criminal gang activity.—
5924 (3) Any pain-management clinic, as described in s. 458.3265
5925 or s. 459.0137, which has been used on more than two occasions
5926 within a 6-month period as the site of a violation of:
5927 (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
5928 relating to assault and battery;
5929 (b) Section 810.02, relating to burglary;
5930 (c) Section 812.014, relating to theft;
5931 (d) Section 812.131, relating to robbery by sudden
5932 snatching; or
5933 (e) Section 893.13, relating to the unlawful distribution
5934 of controlled substances,
5935
5936 may be declared to be a public nuisance, and such nuisance may
5937 be abated pursuant to the procedures provided in this section.
5938 Section 108. For the purpose of incorporating the amendment
5939 made by this act to section 812.015, Florida Statutes, in a
5940 reference thereto, subsection (5) of section 538.09, Florida
5941 Statutes, is reenacted to read:
5942 538.09 Registration.—
5943 (5) In addition to the fine provided in subsection (4),
5944 registration under this section may be denied or any
5945 registration granted may be revoked, restricted, or suspended by
5946 the department if the department determines that the applicant
5947 or registrant:
5948 (a) Has violated any provision of this chapter or any rule
5949 or order made pursuant to this chapter;
5950 (b) Has made a material false statement in the application
5951 for registration;
5952 (c) Has been guilty of a fraudulent act in connection with
5953 any purchase or sale or has been or is engaged in or is about to
5954 engage in any practice, purchase, or sale which is fraudulent or
5955 in violation of the law;
5956 (d) Has made a misrepresentation or false statement to, or
5957 concealed any essential or material fact from, any person in
5958 making any purchase or sale;
5959 (e) Is making purchases or sales through any business
5960 associate not registered in compliance with the provisions of
5961 this chapter;
5962 (f) Has, within the preceding 10-year period for new
5963 registrants who apply for registration on or after October 1,
5964 2006, been convicted of, or has entered a plea of guilty or nolo
5965 contendere to, or had adjudication withheld for, a crime against
5966 the laws of this state or any other state or of the United
5967 States which relates to registration as a secondhand dealer or
5968 which involves theft, larceny, dealing in stolen property,
5969 receiving stolen property, burglary, embezzlement, obtaining
5970 property by false pretenses, possession of altered property, any
5971 felony drug offense, any violation of s. 812.015, or any
5972 fraudulent dealing;
5973 (g) Has had a final judgment entered against her or him in
5974 a civil action upon grounds of fraud, embezzlement,
5975 misrepresentation, or deceit; or
5976 (h) Has failed to pay any sales tax owed to the Department
5977 of Revenue.
5978
5979 In the event the department determines to deny an application or
5980 revoke a registration, it shall enter a final order with its
5981 findings on the register of secondhand dealers and their
5982 business associates, if any; and denial, suspension, or
5983 revocation of the registration of a secondhand dealer shall also
5984 deny, suspend, or revoke the registration of such secondhand
5985 dealer’s business associates.
5986 Section 109. For the purpose of incorporating the amendment
5987 made by this act to section 812.015, Florida Statutes, in a
5988 reference thereto, subsection (2) of section 538.23, Florida
5989 Statutes, is reenacted to read:
5990 538.23 Violations and penalties.—
5991 (2) A secondary metals recycler is presumed to know upon
5992 receipt of stolen regulated metals property in a purchase
5993 transaction that the regulated metals property has been stolen
5994 from another if the secondary metals recycler knowingly and
5995 intentionally fails to maintain the information required in s.
5996 538.19 and shall, upon conviction of a violation of s. 812.015,
5997 be punished as provided in s. 812.014(2) or (3).
5998 Section 110. For the purpose of incorporating the amendment
5999 made by this act to section 815.03, Florida Statutes, in a
6000 reference thereto, paragraph (e) of subsection (3) of section
6001 1006.147, Florida Statutes, is reenacted to read:
6002 1006.147 Bullying and harassment prohibited.—
6003 (3) For purposes of this section:
6004 (e) Definitions in s. 815.03 and the definition in s.
6005 784.048(1)(d) relating to stalking are applicable to this
6006 section.
6007 Section 111. For the purpose of incorporating the amendment
6008 made by this act to section 815.06, Florida Statutes, in a
6009 reference thereto, subsection (2) of section 316.80, Florida
6010 Statutes, is reenacted to read:
6011 316.80 Unlawful conveyance of fuel; obtaining fuel
6012 fraudulently.—
6013 (2) A person who violates subsection (1) commits a felony
6014 of the second degree, punishable as provided in s. 775.082, s.
6015 775.083, or s. 775.084, if he or she has attempted to or has
6016 fraudulently obtained motor or diesel fuel by:
6017 (a) Presenting a credit card or a credit card account
6018 number in violation of ss. 817.57-817.685;
6019 (b) Using unauthorized access to any computer network in
6020 violation of s. 815.06; or
6021 (c) Using a fraudulently scanned or lost or stolen payment
6022 access device, whether credit card or contactless device.
6023 Section 112. For the purpose of incorporating the amendment
6024 made by this act to section 815.06, Florida Statutes, in
6025 references thereto, subsections (1) and (2) of section 775.30,
6026 Florida Statutes, are reenacted to read:
6027 775.30 Terrorism; defined; penalties.—
6028 (1) As used in this chapter and the Florida Criminal Code,
6029 the terms “terrorism” or “terrorist activity” mean an activity
6030 that:
6031 (a) Involves:
6032 1. A violent act or an act dangerous to human life which is
6033 a violation of the criminal laws of this state or of the United
6034 States; or
6035 2. A violation of s. 815.06; and
6036 (b) Is intended to:
6037 1. Intimidate, injure, or coerce a civilian population;
6038 2. Influence the policy of a government by intimidation or
6039 coercion; or
6040 3. Affect the conduct of government through destruction of
6041 property, assassination, murder, kidnapping, or aircraft piracy.
6042 (2) A person who violates s. 782.04(1)(a)1. or (2), s.
6043 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.
6044 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16,
6045 s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s.
6046 806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s.
6047 859.01, or s. 876.34, in furtherance of intimidating or coercing
6048 the policy of a government, or in furtherance of affecting the
6049 conduct of a government by mass destruction, assassination, or
6050 kidnapping, commits the crime of terrorism, a felony of the
6051 first degree, punishable as provided in s. 775.082, s. 775.083,
6052 or s. 775.084.
6053 Section 113. For the purpose of incorporating the amendment
6054 made by this act to section 815.06, Florida Statutes, in a
6055 reference thereto, subsection (2) of section 775.33, Florida
6056 Statutes, is reenacted to read:
6057 775.33 Providing material support or resources for
6058 terrorism or to terrorist organizations.—
6059 (2) A person commits a felony of the first degree,
6060 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
6061 if the person:
6062 (a) Provides material support or resources or conceals or
6063 disguises the nature, location, source, or ownership of the
6064 material support or resources, knowing or intending that the
6065 support or resources are to be used in preparation for or in
6066 carrying out a violation of s. 775.30, s. 775.32, s. 775.34, s.
6067 775.35, s. 790.16, s. 790.161(2), (3), or (4), s. 790.166, s.
6068 790.19, s. 815.06, s. 859.01, s. 860.121, s. 860.16, s. 876.32,
6069 s. 876.34, or s. 876.36;
6070 (b) Conceals an escape from the commission of a violation
6071 of paragraph (a); or
6072 (c) Attempts or conspires to commit a violation of
6073 paragraph (a).
6074 Section 114. For the purpose of incorporating the amendment
6075 made by this act to section 815.06, Florida Statutes, in a
6076 reference thereto, subsection (5) of section 782.04, Florida
6077 Statutes, is reenacted to read:
6078 782.04 Murder.—
6079 (5) As used in this section, the term “terrorism” means an
6080 activity that:
6081 (a)1. Involves a violent act or an act dangerous to human
6082 life which is a violation of the criminal laws of this state or
6083 of the United States; or
6084 2. Involves a violation of s. 815.06; and
6085 (b) Is intended to:
6086 1. Intimidate, injure, or coerce a civilian population;
6087 2. Influence the policy of a government by intimidation or
6088 coercion; or
6089 3. Affect the conduct of government through destruction of
6090 property, assassination, murder, kidnapping, or aircraft piracy.
6091 Section 115. For the purpose of incorporating the amendment
6092 made by this act to section 815.06, Florida Statutes, in a
6093 reference thereto, subsection (3) of section 934.07, Florida
6094 Statutes, is reenacted to read:
6095 934.07 Authorization for interception of wire, oral, or
6096 electronic communications.—
6097 (3) As used in this section, the term “terrorism” means an
6098 activity that:
6099 (a)1. Involves a violent act or an act dangerous to human
6100 life which is a violation of the criminal laws of this state or
6101 of the United States; or
6102 2. Involves a violation of s. 815.06; and
6103 (b) Is intended to:
6104 1. Intimidate, injure, or coerce a civilian population;
6105 2. Influence the policy of a government by intimidation or
6106 coercion; or
6107 3. Affect the conduct of government through destruction of
6108 property, assassination, murder, kidnapping, or aircraft piracy.
6109 Section 116. For the purpose of incorporating the amendment
6110 made by this act to section 849.01, Florida Statutes, in a
6111 reference thereto, section 849.02, Florida Statutes, is
6112 reenacted to read:
6113 849.02 Agents or employees of keeper of gambling house.
6114 Whoever acts as servant, clerk, agent, or employee of any person
6115 in the violation of s. 849.01 shall be punished in the manner
6116 and to the extent therein mentioned.
6117 Section 117. For the purpose of incorporating the amendment
6118 made by this act to section 893.135, Florida Statutes, in a
6119 reference thereto, paragraph (c) of subsection (3) of section
6120 373.6055, Florida Statutes, is reenacted to read:
6121 373.6055 Criminal history checks for certain water
6122 management district employees and others.—
6123 (3)
6124 (c) In addition to other requirements for employment or
6125 access established by any water management district pursuant to
6126 its water management district’s security plan for buildings,
6127 facilities, and structures, each water management district’s
6128 security plan shall provide that:
6129 1. Any person who has within the past 7 years been
6130 convicted, regardless of whether adjudication was withheld, for
6131 a forcible felony as defined in s. 776.08; an act of terrorism
6132 as defined in s. 775.30; planting of a hoax bomb as provided in
6133 s. 790.165; any violation involving the manufacture, possession,
6134 sale, delivery, display, use, or attempted or threatened use of
6135 a weapon of mass destruction or hoax weapon of mass destruction
6136 as provided in s. 790.166; dealing in stolen property; any
6137 violation of s. 893.135; any violation involving the sale,
6138 manufacturing, delivery, or possession with intent to sell,
6139 manufacture, or deliver a controlled substance; burglary;
6140 robbery; any felony violation of s. 812.014; any violation of s.
6141 790.07; any crime an element of which includes use or possession
6142 of a firearm; any conviction for any similar offenses under the
6143 laws of another jurisdiction; or conviction for conspiracy to
6144 commit any of the listed offenses may not be qualified for
6145 initial employment within or authorized regular access to
6146 buildings, facilities, or structures defined in the water
6147 management district’s security plan as restricted access areas.
6148 2. Any person who has at any time been convicted of any of
6149 the offenses listed in subparagraph 1. may not be qualified for
6150 initial employment within or authorized regular access to
6151 buildings, facilities, or structures defined in the water
6152 management district’s security plan as restricted access areas
6153 unless, after release from incarceration and any supervision
6154 imposed as a sentence, the person remained free from a
6155 subsequent conviction, regardless of whether adjudication was
6156 withheld, for any of the listed offenses for a period of at
6157 least 7 years prior to the employment or access date under
6158 consideration.
6159 Section 118. For the purpose of incorporating the amendment
6160 made by this act to section 893.135, Florida Statutes, in a
6161 reference thereto, subsection (6) of section 397.4073, Florida
6162 Statutes, is reenacted to read:
6163 397.4073 Background checks of service provider personnel.—
6164 (6) DISQUALIFICATION FROM RECEIVING STATE FUNDS.—State
6165 funds may not be disseminated to any service provider owned or
6166 operated by an owner, director, or chief financial officer who
6167 has been convicted of, has entered a plea of guilty or nolo
6168 contendere to, or has had adjudication withheld for, a violation
6169 of s. 893.135 pertaining to trafficking in controlled
6170 substances, or a violation of the law of another state, the
6171 District of Columbia, the United States or any possession or
6172 territory thereof, or any foreign jurisdiction which is
6173 substantially similar in elements and penalties to a trafficking
6174 offense in this state, unless the owner’s or director’s civil
6175 rights have been restored.
6176 Section 119. For the purpose of incorporating the amendment
6177 made by this act to section 893.135, Florida Statutes, in a
6178 reference thereto, subsection (1) of section 414.095, Florida
6179 Statutes, is reenacted to read:
6180 414.095 Determining eligibility for temporary cash
6181 assistance.—
6182 (1) ELIGIBILITY.—An applicant must meet eligibility
6183 requirements of this section before receiving services or
6184 temporary cash assistance under this chapter, except that an
6185 applicant shall be required to register for work and engage in
6186 work activities in accordance with s. 445.024, as designated by
6187 the local workforce development board, and may receive support
6188 services or child care assistance in conjunction with such
6189 requirement. The department shall make a determination of
6190 eligibility based on the criteria listed in this chapter. The
6191 department shall monitor continued eligibility for temporary
6192 cash assistance through periodic reviews consistent with the
6193 food assistance eligibility process. Benefits may not be denied
6194 to an individual solely based on a felony drug conviction,
6195 unless the conviction is for trafficking pursuant to s. 893.135.
6196 To be eligible under this section, an individual convicted of a
6197 drug felony must be satisfactorily meeting the requirements of
6198 the temporary cash assistance program, including all substance
6199 abuse treatment requirements. Within the limits specified in
6200 this chapter, the state opts out of the provision of Pub. L. No.
6201 104-193, s. 115, that eliminates eligibility for temporary cash
6202 assistance and food assistance for any individual convicted of a
6203 controlled substance felony.
6204 Section 120. For the purpose of incorporating the amendment
6205 made by this act to section 893.135, Florida Statutes, in a
6206 reference thereto, subsection (2) of section 772.12, Florida
6207 Statutes, is reenacted to read:
6208 772.12 Drug Dealer Liability Act.—
6209 (2) A person, including any governmental entity, has a
6210 cause of action for threefold the actual damages sustained and
6211 is entitled to minimum damages in the amount of $1,000 and
6212 reasonable attorney’s fees and court costs in the trial and
6213 appellate courts, if the person proves by the greater weight of
6214 the evidence that:
6215 (a) The person was injured because of the defendant’s
6216 actions that resulted in the defendant’s conviction for:
6217 1. A violation of s. 893.13, except for a violation of s.
6218 893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
6219 2. A violation of s. 893.135; and
6220 (b) The person was not injured by reason of his or her
6221 participation in the same act or transaction that resulted in
6222 the defendant’s conviction for any offense described in
6223 subparagraph (a)1.
6224 Section 121. For the purpose of incorporating the amendment
6225 made by this act to section 893.135, Florida Statutes, in
6226 references thereto, paragraph (a) of subsection (2) and
6227 paragraph (a) of subsection (3) of section 775.087, Florida
6228 Statutes, are reenacted to read:
6229 775.087 Possession or use of weapon; aggravated battery;
6230 felony reclassification; minimum sentence.—
6231 (2)(a)1. Any person who is convicted of a felony or an
6232 attempt to commit a felony, regardless of whether the use of a
6233 weapon is an element of the felony, and the conviction was for:
6234 a. Murder;
6235 b. Sexual battery;
6236 c. Robbery;
6237 d. Burglary;
6238 e. Arson;
6239 f. Aggravated battery;
6240 g. Kidnapping;
6241 h. Escape;
6242 i. Aircraft piracy;
6243 j. Aggravated child abuse;
6244 k. Aggravated abuse of an elderly person or disabled adult;
6245 l. Unlawful throwing, placing, or discharging of a
6246 destructive device or bomb;
6247 m. Carjacking;
6248 n. Home-invasion robbery;
6249 o. Aggravated stalking;
6250 p. Trafficking in cannabis, trafficking in cocaine, capital
6251 importation of cocaine, trafficking in illegal drugs, capital
6252 importation of illegal drugs, trafficking in phencyclidine,
6253 capital importation of phencyclidine, trafficking in
6254 methaqualone, capital importation of methaqualone, trafficking
6255 in amphetamine, capital importation of amphetamine, trafficking
6256 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
6257 (GHB), trafficking in 1,4-Butanediol, trafficking in
6258 Phenethylamines, or other violation of s. 893.135(1); or
6259 q. Possession of a firearm by a felon
6260
6261 and during the commission of the offense, such person actually
6262 possessed a “firearm” or “destructive device” as those terms are
6263 defined in s. 790.001, shall be sentenced to a minimum term of
6264 imprisonment of 10 years, except that a person who is convicted
6265 for possession of a firearm by a felon or burglary of a
6266 conveyance shall be sentenced to a minimum term of imprisonment
6267 of 3 years if such person possessed a “firearm” or “destructive
6268 device” during the commission of the offense. However, if an
6269 offender who is convicted of the offense of possession of a
6270 firearm by a felon has a previous conviction of committing or
6271 attempting to commit a felony listed in s. 775.084(1)(b)1. and
6272 actually possessed a firearm or destructive device during the
6273 commission of the prior felony, the offender shall be sentenced
6274 to a minimum term of imprisonment of 10 years.
6275 2. Any person who is convicted of a felony or an attempt to
6276 commit a felony listed in sub-subparagraphs (a)1.a.-p.,
6277 regardless of whether the use of a weapon is an element of the
6278 felony, and during the course of the commission of the felony
6279 such person discharged a “firearm” or “destructive device” as
6280 defined in s. 790.001 shall be sentenced to a minimum term of
6281 imprisonment of 20 years.
6282 3. Any person who is convicted of a felony or an attempt to
6283 commit a felony listed in sub-subparagraphs (a)1.a.-p.,
6284 regardless of whether the use of a weapon is an element of the
6285 felony, and during the course of the commission of the felony
6286 such person discharged a “firearm” or “destructive device” as
6287 defined in s. 790.001 and, as the result of the discharge, death
6288 or great bodily harm was inflicted upon any person, the
6289 convicted person shall be sentenced to a minimum term of
6290 imprisonment of not less than 25 years and not more than a term
6291 of imprisonment of life in prison.
6292 (3)(a)1. Any person who is convicted of a felony or an
6293 attempt to commit a felony, regardless of whether the use of a
6294 firearm is an element of the felony, and the conviction was for:
6295 a. Murder;
6296 b. Sexual battery;
6297 c. Robbery;
6298 d. Burglary;
6299 e. Arson;
6300 f. Aggravated battery;
6301 g. Kidnapping;
6302 h. Escape;
6303 i. Sale, manufacture, delivery, or intent to sell,
6304 manufacture, or deliver any controlled substance;
6305 j. Aircraft piracy;
6306 k. Aggravated child abuse;
6307 l. Aggravated abuse of an elderly person or disabled adult;
6308 m. Unlawful throwing, placing, or discharging of a
6309 destructive device or bomb;
6310 n. Carjacking;
6311 o. Home-invasion robbery;
6312 p. Aggravated stalking; or
6313 q. Trafficking in cannabis, trafficking in cocaine, capital
6314 importation of cocaine, trafficking in illegal drugs, capital
6315 importation of illegal drugs, trafficking in phencyclidine,
6316 capital importation of phencyclidine, trafficking in
6317 methaqualone, capital importation of methaqualone, trafficking
6318 in amphetamine, capital importation of amphetamine, trafficking
6319 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
6320 (GHB), trafficking in 1,4-Butanediol, trafficking in
6321 Phenethylamines, or other violation of s. 893.135(1);
6322
6323 and during the commission of the offense, such person possessed
6324 a semiautomatic firearm and its high-capacity detachable box
6325 magazine or a machine gun as defined in s. 790.001, shall be
6326 sentenced to a minimum term of imprisonment of 15 years.
6327 2. Any person who is convicted of a felony or an attempt to
6328 commit a felony listed in subparagraph (a)1., regardless of
6329 whether the use of a weapon is an element of the felony, and
6330 during the course of the commission of the felony such person
6331 discharged a semiautomatic firearm and its high-capacity box
6332 magazine or a “machine gun” as defined in s. 790.001 shall be
6333 sentenced to a minimum term of imprisonment of 20 years.
6334 3. Any person who is convicted of a felony or an attempt to
6335 commit a felony listed in subparagraph (a)1., regardless of
6336 whether the use of a weapon is an element of the felony, and
6337 during the course of the commission of the felony such person
6338 discharged a semiautomatic firearm and its high-capacity box
6339 magazine or a “machine gun” as defined in s. 790.001 and, as the
6340 result of the discharge, death or great bodily harm was
6341 inflicted upon any person, the convicted person shall be
6342 sentenced to a minimum term of imprisonment of not less than 25
6343 years and not more than a term of imprisonment of life in
6344 prison.
6345 Section 122. For the purpose of incorporating the amendment
6346 made by this act to section 893.135, Florida Statutes, in
6347 references thereto, paragraph (a) of subsection (1) and
6348 subsections (3) and (4) of section 782.04, Florida Statutes, are
6349 reenacted to read:
6350 782.04 Murder.—
6351 (1)(a) The unlawful killing of a human being:
6352 1. When perpetrated from a premeditated design to effect
6353 the death of the person killed or any human being;
6354 2. When committed by a person engaged in the perpetration
6355 of, or in the attempt to perpetrate, any:
6356 a. Trafficking offense prohibited by s. 893.135(1),
6357 b. Arson,
6358 c. Sexual battery,
6359 d. Robbery,
6360 e. Burglary,
6361 f. Kidnapping,
6362 g. Escape,
6363 h. Aggravated child abuse,
6364 i. Aggravated abuse of an elderly person or disabled adult,
6365 j. Aircraft piracy,
6366 k. Unlawful throwing, placing, or discharging of a
6367 destructive device or bomb,
6368 l. Carjacking,
6369 m. Home-invasion robbery,
6370 n. Aggravated stalking,
6371 o. Murder of another human being,
6372 p. Resisting an officer with violence to his or her person,
6373 q. Aggravated fleeing or eluding with serious bodily injury
6374 or death,
6375 r. Felony that is an act of terrorism or is in furtherance
6376 of an act of terrorism, including a felony under s. 775.30, s.
6377 775.32, s. 775.33, s. 775.34, or s. 775.35, or
6378 s. Human trafficking; or
6379 3. Which resulted from the unlawful distribution by a
6380 person 18 years of age or older of any of the following
6381 substances, or mixture containing any of the following
6382 substances, when such substance or mixture is proven to be the
6383 proximate cause of the death of the user:
6384 a. A substance controlled under s. 893.03(1);
6385 b. Cocaine, as described in s. 893.03(2)(a)4.;
6386 c. Opium or any synthetic or natural salt, compound,
6387 derivative, or preparation of opium;
6388 d. Methadone;
6389 e. Alfentanil, as described in s. 893.03(2)(b)1.;
6390 f. Carfentanil, as described in s. 893.03(2)(b)6.;
6391 g. Fentanyl, as described in s. 893.03(2)(b)9.;
6392 h. Sufentanil, as described in s. 893.03(2)(b)30.; or
6393 i. A controlled substance analog, as described in s.
6394 893.0356, of any substance specified in sub-subparagraphs a.-h.,
6395
6396 is murder in the first degree and constitutes a capital felony,
6397 punishable as provided in s. 775.082.
6398 (3) When a human being is killed during the perpetration
6399 of, or during the attempt to perpetrate, any:
6400 (a) Trafficking offense prohibited by s. 893.135(1),
6401 (b) Arson,
6402 (c) Sexual battery,
6403 (d) Robbery,
6404 (e) Burglary,
6405 (f) Kidnapping,
6406 (g) Escape,
6407 (h) Aggravated child abuse,
6408 (i) Aggravated abuse of an elderly person or disabled
6409 adult,
6410 (j) Aircraft piracy,
6411 (k) Unlawful throwing, placing, or discharging of a
6412 destructive device or bomb,
6413 (l) Carjacking,
6414 (m) Home-invasion robbery,
6415 (n) Aggravated stalking,
6416 (o) Murder of another human being,
6417 (p) Aggravated fleeing or eluding with serious bodily
6418 injury or death,
6419 (q) Resisting an officer with violence to his or her
6420 person, or
6421 (r) Felony that is an act of terrorism or is in furtherance
6422 of an act of terrorism, including a felony under s. 775.30, s.
6423 775.32, s. 775.33, s. 775.34, or s. 775.35,
6424
6425 by a person other than the person engaged in the perpetration of
6426 or in the attempt to perpetrate such felony, the person
6427 perpetrating or attempting to perpetrate such felony commits
6428 murder in the second degree, which constitutes a felony of the
6429 first degree, punishable by imprisonment for a term of years not
6430 exceeding life or as provided in s. 775.082, s. 775.083, or s.
6431 775.084.
6432 (4) The unlawful killing of a human being, when perpetrated
6433 without any design to effect death, by a person engaged in the
6434 perpetration of, or in the attempt to perpetrate, any felony
6435 other than any:
6436 (a) Trafficking offense prohibited by s. 893.135(1),
6437 (b) Arson,
6438 (c) Sexual battery,
6439 (d) Robbery,
6440 (e) Burglary,
6441 (f) Kidnapping,
6442 (g) Escape,
6443 (h) Aggravated child abuse,
6444 (i) Aggravated abuse of an elderly person or disabled
6445 adult,
6446 (j) Aircraft piracy,
6447 (k) Unlawful throwing, placing, or discharging of a
6448 destructive device or bomb,
6449 (l) Unlawful distribution of any substance controlled under
6450 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
6451 opium or any synthetic or natural salt, compound, derivative, or
6452 preparation of opium by a person 18 years of age or older, when
6453 such drug is proven to be the proximate cause of the death of
6454 the user,
6455 (m) Carjacking,
6456 (n) Home-invasion robbery,
6457 (o) Aggravated stalking,
6458 (p) Murder of another human being,
6459 (q) Aggravated fleeing or eluding with serious bodily
6460 injury or death,
6461 (r) Resisting an officer with violence to his or her
6462 person, or
6463 (s) Felony that is an act of terrorism or is in furtherance
6464 of an act of terrorism, including a felony under s. 775.30, s.
6465 775.32, s. 775.33, s. 775.34, or s. 775.35,
6466
6467 is murder in the third degree and constitutes a felony of the
6468 second degree, punishable as provided in s. 775.082, s. 775.083,
6469 or s. 775.084.
6470 Section 123. For the purpose of incorporating the amendment
6471 made by this act to section 893.135, Florida Statutes, in a
6472 reference thereto, subsection (3) of section 810.02, Florida
6473 Statutes, is reenacted to read:
6474 810.02 Burglary.—
6475 (3) Burglary is a felony of the second degree, punishable
6476 as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
6477 course of committing the offense, the offender does not make an
6478 assault or battery and is not and does not become armed with a
6479 dangerous weapon or explosive, and the offender enters or
6480 remains in a:
6481 (a) Dwelling, and there is another person in the dwelling
6482 at the time the offender enters or remains;
6483 (b) Dwelling, and there is not another person in the
6484 dwelling at the time the offender enters or remains;
6485 (c) Structure, and there is another person in the structure
6486 at the time the offender enters or remains;
6487 (d) Conveyance, and there is another person in the
6488 conveyance at the time the offender enters or remains;
6489 (e) Authorized emergency vehicle, as defined in s. 316.003;
6490 or
6491 (f) Structure or conveyance when the offense intended to be
6492 committed therein is theft of a controlled substance as defined
6493 in s. 893.02. Notwithstanding any other law, separate judgments
6494 and sentences for burglary with the intent to commit theft of a
6495 controlled substance under this paragraph and for any applicable
6496 possession of controlled substance offense under s. 893.13 or
6497 trafficking in controlled substance offense under s. 893.135 may
6498 be imposed when all such offenses involve the same amount or
6499 amounts of a controlled substance.
6500
6501 However, if the burglary is committed within a county that is
6502 subject to a state of emergency declared by the Governor under
6503 chapter 252 after the declaration of emergency is made and the
6504 perpetration of the burglary is facilitated by conditions
6505 arising from the emergency, the burglary is a felony of the
6506 first degree, punishable as provided in s. 775.082, s. 775.083,
6507 or s. 775.084. As used in this subsection, the term “conditions
6508 arising from the emergency” means civil unrest, power outages,
6509 curfews, voluntary or mandatory evacuations, or a reduction in
6510 the presence of or response time for first responders or
6511 homeland security personnel. A person arrested for committing a
6512 burglary within a county that is subject to such a state of
6513 emergency may not be released until the person appears before a
6514 committing magistrate at a first appearance hearing. For
6515 purposes of sentencing under chapter 921, a felony offense that
6516 is reclassified under this subsection is ranked one level above
6517 the ranking under s. 921.0022 or s. 921.0023 of the offense
6518 committed.
6519 Section 124. For the purpose of incorporating the amendment
6520 made by this act to section 893.135, Florida Statutes, in a
6521 reference thereto, paragraph (d) of subsection (8) of section
6522 893.13, Florida Statutes, is reenacted to read:
6523 893.13 Prohibited acts; penalties.—
6524 (8)
6525 (d) Notwithstanding paragraph (c), if a prescribing
6526 practitioner has violated paragraph (a) and received $1,000 or
6527 more in payment for writing one or more prescriptions or, in the
6528 case of a prescription written for a controlled substance
6529 described in s. 893.135, has written one or more prescriptions
6530 for a quantity of a controlled substance which, individually or
6531 in the aggregate, meets the threshold for the offense of
6532 trafficking in a controlled substance under s. 893.135, the
6533 violation is reclassified as a felony of the second degree and
6534 ranked in level 4 of the Criminal Punishment Code.
6535 Section 125. For the purpose of incorporating the amendment
6536 made by this act to section 893.135, Florida Statutes, in
6537 references thereto, subsections (1) and (2) of section 893.1351,
6538 Florida Statutes, are reenacted to read:
6539 893.1351 Ownership, lease, rental, or possession for
6540 trafficking in or manufacturing a controlled substance.—
6541 (1) A person may not own, lease, or rent any place,
6542 structure, or part thereof, trailer, or other conveyance with
6543 the knowledge that the place, structure, trailer, or conveyance
6544 will be used for the purpose of trafficking in a controlled
6545 substance, as provided in s. 893.135; for the sale of a
6546 controlled substance, as provided in s. 893.13; or for the
6547 manufacture of a controlled substance intended for sale or
6548 distribution to another. A person who violates this subsection
6549 commits a felony of the third degree, punishable as provided in
6550 s. 775.082, s. 775.083, or s. 775.084.
6551 (2) A person may not knowingly be in actual or constructive
6552 possession of any place, structure, or part thereof, trailer, or
6553 other conveyance with the knowledge that the place, structure,
6554 or part thereof, trailer, or conveyance will be used for the
6555 purpose of trafficking in a controlled substance, as provided in
6556 s. 893.135; for the sale of a controlled substance, as provided
6557 in s. 893.13; or for the manufacture of a controlled substance
6558 intended for sale or distribution to another. A person who
6559 violates this subsection commits a felony of the second degree,
6560 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
6561 Section 126. For the purpose of incorporating the amendment
6562 made by this act to section 893.135, Florida Statutes, in a
6563 reference thereto, paragraph (e) of subsection (3) of section
6564 900.05, Florida Statutes, is reenacted to read:
6565 900.05 Criminal justice data collection.—
6566 (3) DATA COLLECTION AND REPORTING.—Beginning January 1,
6567 2019, an entity required to collect data in accordance with this
6568 subsection shall collect the specified data required of the
6569 entity on a biweekly basis. Each entity shall report the data
6570 collected in accordance with this subsection to the Department
6571 of Law Enforcement on a monthly basis.
6572 (e) Department of Corrections.—The Department of
6573 Corrections shall collect the following data:
6574 1. Information related to each inmate, including:
6575 a. Identifying information, including name, date of birth,
6576 race or ethnicity, and identification number assigned by the
6577 department.
6578 b. Number of children.
6579 c. Education level, including any vocational training.
6580 d. Date the inmate was admitted to the custody of the
6581 department.
6582 e. Current institution placement and the security level
6583 assigned to the institution.
6584 f. Custody level assignment.
6585 g. Qualification for a flag designation as defined in this
6586 section, including sexual offender flag, habitual offender flag,
6587 gang affiliation flag, or concurrent or consecutive sentence
6588 flag.
6589 h. County that committed the prisoner to the custody of the
6590 department.
6591 i. Whether the reason for admission to the department is
6592 for a new conviction or a violation of probation, community
6593 control, or parole. For an admission for a probation, community
6594 control, or parole violation, the department shall report
6595 whether the violation was technical or based on a new violation
6596 of law.
6597 j. Specific statutory citation for which the inmate was
6598 committed to the department, including, for an inmate convicted
6599 of drug trafficking under s. 893.135, the statutory citation for
6600 each specific drug trafficked.
6601 k. Length of sentence or concurrent or consecutive
6602 sentences served.
6603 l. Tentative release date.
6604 m. Gain time earned in accordance with s. 944.275.
6605 n. Prior incarceration within the state.
6606 o. Disciplinary violation and action.
6607 p. Participation in rehabilitative or educational programs
6608 while in the custody of the department.
6609 2. Information about each state correctional institution or
6610 facility, including:
6611 a. Budget for each state correctional institution or
6612 facility.
6613 b. Daily prison population of all inmates incarcerated in a
6614 state correctional institution or facility.
6615 c. Daily number of correctional officers for each state
6616 correctional institution or facility.
6617 3. Information related to persons supervised by the
6618 department on probation or community control, including:
6619 a. Identifying information for each person supervised by
6620 the department on probation or community control, including his
6621 or her name, date of birth, race or ethnicity, sex, and
6622 department-assigned case number.
6623 b. Length of probation or community control sentence
6624 imposed and amount of time that has been served on such
6625 sentence.
6626 c. Projected termination date for probation or community
6627 control.
6628 d. Revocation of probation or community control due to a
6629 violation, including whether the revocation is due to a
6630 technical violation of the conditions of supervision or from the
6631 commission of a new law violation.
6632 4. Per diem rates for:
6633 a. Prison bed.
6634 b. Probation.
6635 c. Community control.
6636
6637 This information only needs to be reported once annually at the
6638 time the most recent per diem rate is published.
6639 Section 127. For the purpose of incorporating the amendment
6640 made by this act to section 893.135, Florida Statutes, in a
6641 reference thereto, section 903.133, Florida Statutes, is
6642 reenacted to read:
6643 903.133 Bail on appeal; prohibited for certain felony
6644 convictions.—Notwithstanding the provisions of s. 903.132, no
6645 person adjudged guilty of a felony of the first degree for a
6646 violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
6647 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
6648 violation of s. 794.011(2) or (3), shall be admitted to bail
6649 pending review either by posttrial motion or appeal.
6650 Section 128. For the purpose of incorporating the amendment
6651 made by this act to section 893.135, Florida Statutes, in a
6652 reference thereto, paragraph (c) of subsection (4) of section
6653 907.041, Florida Statutes, is reenacted to read:
6654 907.041 Pretrial detention and release.—
6655 (4) PRETRIAL DETENTION.—
6656 (c) The court may order pretrial detention if it finds a
6657 substantial probability, based on a defendant’s past and present
6658 patterns of behavior, the criteria in s. 903.046, and any other
6659 relevant facts, that any of the following circumstances exist:
6660 1. The defendant has previously violated conditions of
6661 release and that no further conditions of release are reasonably
6662 likely to assure the defendant’s appearance at subsequent
6663 proceedings;
6664 2. The defendant, with the intent to obstruct the judicial
6665 process, has threatened, intimidated, or injured any victim,
6666 potential witness, juror, or judicial officer, or has attempted
6667 or conspired to do so, and that no condition of release will
6668 reasonably prevent the obstruction of the judicial process;
6669 3. The defendant is charged with trafficking in controlled
6670 substances as defined by s. 893.135, that there is a substantial
6671 probability that the defendant has committed the offense, and
6672 that no conditions of release will reasonably assure the
6673 defendant’s appearance at subsequent criminal proceedings;
6674 4. The defendant is charged with DUI manslaughter, as
6675 defined by s. 316.193, and that there is a substantial
6676 probability that the defendant committed the crime and that the
6677 defendant poses a threat of harm to the community; conditions
6678 that would support a finding by the court pursuant to this
6679 subparagraph that the defendant poses a threat of harm to the
6680 community include, but are not limited to, any of the following:
6681 a. The defendant has previously been convicted of any crime
6682 under s. 316.193, or of any crime in any other state or
6683 territory of the United States that is substantially similar to
6684 any crime under s. 316.193;
6685 b. The defendant was driving with a suspended driver
6686 license when the charged crime was committed; or
6687 c. The defendant has previously been found guilty of, or
6688 has had adjudication of guilt withheld for, driving while the
6689 defendant’s driver license was suspended or revoked in violation
6690 of s. 322.34;
6691 5. The defendant poses the threat of harm to the community.
6692 The court may so conclude, if it finds that the defendant is
6693 presently charged with a dangerous crime, that there is a
6694 substantial probability that the defendant committed such crime,
6695 that the factual circumstances of the crime indicate a disregard
6696 for the safety of the community, and that there are no
6697 conditions of release reasonably sufficient to protect the
6698 community from the risk of physical harm to persons;
6699 6. The defendant was on probation, parole, or other release
6700 pending completion of sentence or on pretrial release for a
6701 dangerous crime at the time the current offense was committed;
6702 7. The defendant has violated one or more conditions of
6703 pretrial release or bond for the offense currently before the
6704 court and the violation, in the discretion of the court,
6705 supports a finding that no conditions of release can reasonably
6706 protect the community from risk of physical harm to persons or
6707 assure the presence of the accused at trial; or
6708 8.a. The defendant has ever been sentenced pursuant to s.
6709 775.082(9) or s. 775.084 as a prison releasee reoffender,
6710 habitual violent felony offender, three-time violent felony
6711 offender, or violent career criminal, or the state attorney
6712 files a notice seeking that the defendant be sentenced pursuant
6713 to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
6714 habitual violent felony offender, three-time violent felony
6715 offender, or violent career criminal;
6716 b. There is a substantial probability that the defendant
6717 committed the offense; and
6718 c. There are no conditions of release that can reasonably
6719 protect the community from risk of physical harm or ensure the
6720 presence of the accused at trial.
6721 Section 129. For the purpose of incorporating the amendment
6722 made by this act to section 893.135, Florida Statutes, in a
6723 reference thereto, subsection (9) of section 921.141, Florida
6724 Statutes, is reenacted to read:
6725 921.141 Sentence of death or life imprisonment for capital
6726 felonies; further proceedings to determine sentence.—
6727 (9) APPLICABILITY.—This section does not apply to a person
6728 convicted or adjudicated guilty of a capital drug trafficking
6729 felony under s. 893.135.
6730 Section 130. For the purpose of incorporating the amendment
6731 made by this act to section 893.135, Florida Statutes, in a
6732 reference thereto, subsection (2) of section 921.142, Florida
6733 Statutes, is reenacted to read:
6734 921.142 Sentence of death or life imprisonment for capital
6735 drug trafficking felonies; further proceedings to determine
6736 sentence.—
6737 (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.—Upon
6738 conviction or adjudication of guilt of a defendant of a capital
6739 felony under s. 893.135, the court shall conduct a separate
6740 sentencing proceeding to determine whether the defendant should
6741 be sentenced to death or life imprisonment as authorized by s.
6742 775.082. The proceeding shall be conducted by the trial judge
6743 before the trial jury as soon as practicable. If, through
6744 impossibility or inability, the trial jury is unable to
6745 reconvene for a hearing on the issue of penalty, having
6746 determined the guilt of the accused, the trial judge may summon
6747 a special juror or jurors as provided in chapter 913 to
6748 determine the issue of the imposition of the penalty. If the
6749 trial jury has been waived, or if the defendant pleaded guilty,
6750 the sentencing proceeding shall be conducted before a jury
6751 impaneled for that purpose, unless waived by the defendant. In
6752 the proceeding, evidence may be presented as to any matter that
6753 the court deems relevant to the nature of the crime and the
6754 character of the defendant and shall include matters relating to
6755 any of the aggravating factors enumerated in subsection (7) and
6756 for which notice has been provided pursuant to s. 782.04(1)(b)
6757 or mitigating circumstances enumerated in subsection (8). Any
6758 such evidence that the court deems to have probative value may
6759 be received, regardless of its admissibility under the
6760 exclusionary rules of evidence, provided the defendant is
6761 accorded a fair opportunity to rebut any hearsay statements.
6762 However, this subsection shall not be construed to authorize the
6763 introduction of any evidence secured in violation of the
6764 Constitution of the United States or the Constitution of the
6765 State of Florida. The state and the defendant or the defendant’s
6766 counsel shall be permitted to present argument for or against
6767 sentence of death.
6768 Section 131. For the purpose of incorporating the amendment
6769 made by this act to section 944.704, Florida Statutes, in a
6770 reference thereto, paragraph (a) of subsection (3) of section
6771 944.026, Florida Statutes, is reenacted to read:
6772 944.026 Community-based facilities and programs.—
6773 (3)(a) The department shall develop and implement
6774 procedures to diagnose offenders prior to sentencing, for the
6775 purpose of recommending to the sentencing court suitable
6776 candidates for placement in a community-based residential drug
6777 treatment facility or probation and restitution center as
6778 provided in this section. The department shall also develop and
6779 implement procedures to properly identify inmates prior to
6780 release who demonstrate the need for or interest in and
6781 suitability for placement in a community-based substance abuse
6782 transition housing program as provided in this section and
6783 pursuant to ss. 944.4731 and 944.704.
6784 Section 132. For the purpose of incorporating the amendment
6785 made by this act to section 944.705, Florida Statutes, in a
6786 reference thereto, subsection (6) of section 944.4731, Florida
6787 Statutes, is reenacted to read:
6788 944.4731 Addiction-Recovery Supervision Program.—
6789 (6) Six months before an offender is released, the chaplain
6790 and transition assistance specialist at the institution where
6791 the offender is incarcerated shall initiate the prerelease
6792 screening process in addition to the basic release orientation
6793 required under s. 944.705.
6794 (a) The transition assistance specialist and the chaplain
6795 shall provide a list of contracted private providers, including
6796 faith-based providers, to the offender and facilitate the
6797 application process. The transition assistance specialist shall
6798 inform the offender of program availability and assess the
6799 offender’s need and suitability for substance abuse transition
6800 housing assistance. If an offender is approved for placement,
6801 the specialist shall assist the offender and coordinate the
6802 release of the offender with the selected program. If an
6803 offender requests and is approved for placement in a contracted
6804 faith-based substance abuse transition housing program, the
6805 specialist must consult with the chaplain prior to such
6806 placement. A right to substance abuse program services is not
6807 stated, intended, or otherwise implied by this section.
6808 (b) If an offender has participated in a faith-based
6809 program while incarcerated or housed at a community correctional
6810 center and the same or a similar faith-based provider offers a
6811 contracted substance abuse transition housing program, the
6812 department shall make every attempt to maintain this continuum
6813 of care.
6814 Section 133. For the purpose of incorporating the amendment
6815 made by this act to section 944.801, Florida Statutes, in a
6816 reference thereto, subsection (2) of section 447.203, Florida
6817 Statutes, is reenacted to read:
6818 447.203 Definitions.—As used in this part:
6819 (2) “Public employer” or “employer” means the state or any
6820 county, municipality, or special district or any subdivision or
6821 agency thereof which the commission determines has sufficient
6822 legal distinctiveness properly to carry out the functions of a
6823 public employer. With respect to all public employees determined
6824 by the commission as properly belonging to a statewide
6825 bargaining unit composed of State Career Service System
6826 employees or Selected Professional Service employees, the
6827 Governor shall be deemed to be the public employer; and the
6828 Board of Governors of the State University System, or the
6829 board’s designee, shall be deemed to be the public employer with
6830 respect to all public employees of each constituent state
6831 university. The board of trustees of a community college shall
6832 be deemed to be the public employer with respect to all
6833 employees of the community college. The district school board
6834 shall be deemed to be the public employer with respect to all
6835 employees of the school district. The Board of Trustees of the
6836 Florida School for the Deaf and the Blind shall be deemed to be
6837 the public employer with respect to the academic and academic
6838 administrative personnel of the Florida School for the Deaf and
6839 the Blind. The Governor shall be deemed to be the public
6840 employer with respect to all employees in the Correctional
6841 Education Program of the Department of Corrections established
6842 pursuant to s. 944.801.
6843 Section 134. For the purpose of incorporating the amendment
6844 made by this act to section 948.013, Florida Statutes, in a
6845 reference thereto, paragraph (n) of subsection (1) of section
6846 921.187, Florida Statutes, is reenacted to read:
6847 921.187 Disposition and sentencing; alternatives;
6848 restitution.—
6849 (1) The alternatives provided in this section for the
6850 disposition of criminal cases shall be used in a manner that
6851 will best serve the needs of society, punish criminal offenders,
6852 and provide the opportunity for rehabilitation. If the offender
6853 does not receive a state prison sentence, the court may:
6854 (n) Impose split probation whereby upon satisfactory
6855 completion of half the term of probation, the Department of
6856 Corrections may place the offender on administrative probation
6857 pursuant to s. 948.013 for the remainder of the term of
6858 supervision.
6859 Section 135. For the purpose of incorporating the amendment
6860 made by this act to section 948.06, Florida Statutes, in a
6861 reference thereto, paragraph (b) of subsection (2) of section
6862 948.012, Florida Statutes, is reenacted to read:
6863 948.012 Split sentence of probation or community control
6864 and imprisonment.—
6865 (2) The court may also impose a split sentence whereby the
6866 defendant is sentenced to a term of probation which may be
6867 followed by a period of incarceration or, with respect to a
6868 felony, into community control, as follows:
6869 (b) If the offender does not meet the terms and conditions
6870 of probation or community control, the court may revoke, modify,
6871 or continue the probation or community control as provided in s.
6872 948.06. If the probation or community control is revoked, the
6873 court may impose any sentence that it could have imposed at the
6874 time the offender was placed on probation or community control.
6875 The court may not provide credit for time served for any portion
6876 of a probation or community control term toward a subsequent
6877 term of probation or community control. However, the court may
6878 not impose a subsequent term of probation or community control
6879 which, when combined with any amount of time served on preceding
6880 terms of probation or community control for offenses pending
6881 before the court for sentencing, would exceed the maximum
6882 penalty allowable as provided in s. 775.082. Such term of
6883 incarceration shall be served under applicable law or county
6884 ordinance governing service of sentences in state or county
6885 jurisdiction. This paragraph does not prohibit any other
6886 sanction provided by law.
6887 Section 136. For the purpose of incorporating the amendment
6888 made by this act to section 948.06, Florida Statutes, in a
6889 reference thereto, subsection (3) of section 948.10, Florida
6890 Statutes, is reenacted to read:
6891 948.10 Community control programs; home confinement.—
6892 (3) Procedures governing violations of community control
6893 are the same as those described in s. 948.06 with respect to
6894 probation.
6895 Section 137. For the purpose of incorporating the amendment
6896 made by this act to section 948.06, Florida Statutes, in a
6897 reference thereto, subsection (3) of section 948.20, Florida
6898 Statutes, is reenacted to read:
6899 948.20 Drug offender probation.—
6900 (3) Offenders placed on drug offender probation are subject
6901 to revocation of probation as provided in s. 948.06.
6902 Section 138. For the purpose of incorporating the amendment
6903 made by this act to section 948.06, Florida Statutes, in a
6904 reference thereto, section 958.14, Florida Statutes, is
6905 reenacted to read:
6906 958.14 Violation of probation or community control
6907 program.—A violation or alleged violation of probation or the
6908 terms of a community control program shall subject the youthful
6909 offender to the provisions of s. 948.06. However, no youthful
6910 offender shall be committed to the custody of the department for
6911 a substantive violation for a period longer than the maximum
6912 sentence for the offense for which he or she was found guilty,
6913 with credit for time served while incarcerated, or for a
6914 technical or nonsubstantive violation for a period longer than 6
6915 years or for a period longer than the maximum sentence for the
6916 offense for which he or she was found guilty, whichever is less,
6917 with credit for time served while incarcerated.
6918 Section 139. For the purpose of incorporating the amendment
6919 made by this act to section 948.08, Florida Statutes, in a
6920 reference thereto, paragraph (b) of subsection (4) of section
6921 796.07, Florida Statutes, is reenacted to read:
6922 796.07 Prohibiting prostitution and related acts.—
6923 (4)
6924 (b) A person who is charged with a third or subsequent
6925 violation of this section, other than paragraph (2)(f), shall be
6926 offered admission to a pretrial intervention program or a
6927 substance abuse treatment program as provided in s. 948.08.
6928 Section 140. For the purpose of incorporating the amendment
6929 made by this act to section 948.08, Florida Statutes, in a
6930 reference thereto, paragraph (b) of subsection (3) of section
6931 944.026, Florida Statutes, is reenacted to read:
6932 944.026 Community-based facilities and programs.—
6933 (3)
6934 (b) Pretrial intervention programs in appropriate counties
6935 to provide early counseling and supervision services to
6936 specified offenders as provided in s. 948.08.
6937 Section 141. For the purpose of incorporating the amendment
6938 made by this act to section 948.08, Florida Statutes, in a
6939 reference thereto, subsection (1) of section 948.036, Florida
6940 Statutes, is reenacted to read:
6941 948.036 Work programs as a condition of probation,
6942 community control, or other court-ordered community
6943 supervision.—
6944 (1) Whenever an offender is required by the court to
6945 participate in any work program under the provisions of this
6946 chapter, enters into the pretrial intervention program pursuant
6947 to s. 948.08, or volunteers to work in a supervised work program
6948 conducted by a specified state, county, municipal, or community
6949 service organization or to work for the victim, either as an
6950 alternative to monetary restitution or as a part of the
6951 rehabilitative or community control program, the offender shall
6952 be considered an employee of the state for the purposes of
6953 chapter 440.
6954 Section 142. For the purpose of incorporating the
6955 amendments made by this act to section 948.08. Florida Statutes,
6956 in a reference thereto, subsection (2) of section 394.47892,
6957 Florida Statutes, is reenacted to read:
6958 394.47892 Mental health court programs.—
6959 (2) Mental health court programs may include pretrial
6960 intervention programs as provided in ss. 948.08, 948.16, and
6961 985.345, postadjudicatory mental health court programs as
6962 provided in ss. 948.01 and 948.06, and review of the status of
6963 compliance or noncompliance of sentenced defendants through a
6964 mental health court program.
6965 Section 143. For the purpose of incorporating the
6966 amendments made by this act to section 948.08, Florida Statutes,
6967 in a reference thereto, subsection (5) of section 397.334,
6968 Florida Statutes, is reenacted to read:
6969 397.334 Treatment-based drug court programs.—
6970 (5) Treatment-based drug court programs may include
6971 pretrial intervention programs as provided in ss. 948.08,
6972 948.16, and 985.345, treatment-based drug court programs
6973 authorized in chapter 39, postadjudicatory programs as provided
6974 in ss. 948.01, 948.06, and 948.20, and review of the status of
6975 compliance or noncompliance of sentenced offenders through a
6976 treatment-based drug court program. While enrolled in a
6977 treatment-based drug court program, the participant is subject
6978 to a coordinated strategy developed by a drug court team under
6979 subsection (4). The coordinated strategy may include a protocol
6980 of sanctions that may be imposed upon the participant for
6981 noncompliance with program rules. The protocol of sanctions may
6982 include, but is not limited to, placement in a substance abuse
6983 treatment program offered by a licensed service provider as
6984 defined in s. 397.311 or in a jail-based treatment program or
6985 serving a period of secure detention under chapter 985 if a
6986 child or a period of incarceration within the time limits
6987 established for contempt of court if an adult. The coordinated
6988 strategy must be provided in writing to the participant before
6989 the participant agrees to enter into a treatment-based drug
6990 court program.
6991 Section 144. For the purpose of incorporating the
6992 amendments made by this act to section 948.08, Florida Statutes,
6993 in a reference thereto, paragraph (a) of subsection (5) of
6994 section 910.035, Florida Statutes, is reenacted to read:
6995 910.035 Transfer from county for plea, sentence, or
6996 participation in a problem-solving court.—
6997 (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
6998 (a) For purposes of this subsection, the term “problem
6999 solving court” means a drug court pursuant to s. 948.01, s.
7000 948.06, s. 948.08, s. 948.16, or s. 948.20; a military veterans’
7001 and servicemembers’ court pursuant to s. 394.47891, s. 948.08,
7002 s. 948.16, or s. 948.21; a mental health court program pursuant
7003 to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16;
7004 or a delinquency pretrial intervention court program pursuant to
7005 s. 985.345.
7006 Section 145. For the purpose of incorporating the amendment
7007 made by this act to section 958.04, Florida Statutes, in a
7008 reference thereto, subsection (5) of section 958.03, Florida
7009 Statutes, is reenacted to read:
7010 958.03 Definitions.—As used in this act:
7011 (5) “Youthful offender” means any person who is sentenced
7012 as such by the court or is classified as such by the department
7013 pursuant to s. 958.04.
7014 Section 146. For the purpose of incorporating the amendment
7015 made by this act to section 958.04, Florida Statutes, in a
7016 reference thereto, paragraph (a) of subsection (8) of section
7017 958.045, Florida Statutes, is reenacted to read:
7018 958.045 Youthful offender basic training program.—
7019 (8)(a) The Assistant Secretary for Youthful Offenders shall
7020 continuously screen all institutions, facilities, and programs
7021 for any inmate who meets the eligibility requirements for
7022 youthful offender designation specified in s. 958.04, whose age
7023 does not exceed 24 years. The department may classify and assign
7024 as a youthful offender any inmate who meets the criteria of s.
7025 958.04.
7026 Section 147. For the purpose of incorporating the amendment
7027 made by this act to section 958.04, Florida Statutes, in a
7028 reference thereto, section 958.046, Florida Statutes, is
7029 reenacted to read:
7030 958.046 Placement in county-operated boot camp programs for
7031 youthful offenders.—In counties where there are county-operated
7032 youthful offender boot camp programs, other than boot camps
7033 described in s. 958.04, the court may sentence a youthful
7034 offender to such a boot camp. In county-operated youthful
7035 offender boot camp programs, juvenile offenders shall not be
7036 commingled with youthful offenders.
7037 Section 148. For the purpose of incorporating the amendment
7038 made by this act to section 958.04, Florida Statutes, in a
7039 reference thereto, paragraph (c) of subsection (4) of section
7040 985.565, Florida Statutes, is reenacted to read:
7041 985.565 Sentencing powers; procedures; alternatives for
7042 juveniles prosecuted as adults.—
7043 (4) SENTENCING ALTERNATIVES.—
7044 (c) Adult sanctions upon failure of juvenile sanctions.—If
7045 a child proves not to be suitable to a commitment program,
7046 juvenile probation program, or treatment program under paragraph
7047 (b), the department shall provide the sentencing court with a
7048 written report outlining the basis for its objections to the
7049 juvenile sanction and shall simultaneously provide a copy of the
7050 report to the state attorney and the defense counsel. The
7051 department shall schedule a hearing within 30 days. Upon
7052 hearing, the court may revoke the previous adjudication, impose
7053 an adjudication of guilt, and impose any sentence which it may
7054 lawfully impose, giving credit for all time spent by the child
7055 in the department. The court may also classify the child as a
7056 youthful offender under s. 958.04, if appropriate. For purposes
7057 of this paragraph, a child may be found not suitable to a
7058 commitment program, community control program, or treatment
7059 program under paragraph (b) if the child commits a new violation
7060 of law while under juvenile sanctions, if the child commits any
7061 other violation of the conditions of juvenile sanctions, or if
7062 the child’s actions are otherwise determined by the court to
7063 demonstrate a failure of juvenile sanctions.
7064
7065 It is the intent of the Legislature that the criteria and
7066 guidelines in this subsection are mandatory and that a
7067 determination of disposition under this subsection is subject to
7068 the right of the child to appellate review under s. 985.534.
7069 Section 149. For the purpose of incorporating the amendment
7070 made by this act to section 985.557, Florida Statutes, in a
7071 reference thereto, subsection (3) of section 985.556, Florida
7072 Statutes, is reenacted to read:
7073 985.556 Waiver of juvenile court jurisdiction; hearing.—
7074 (3) INVOLUNTARY MANDATORY WAIVER.—
7075 (a) If the child was 14 years of age or older, and if the
7076 child has been previously adjudicated delinquent for an act
7077 classified as a felony, which adjudication was for the
7078 commission of, attempt to commit, or conspiracy to commit
7079 murder, sexual battery, armed or strong-armed robbery,
7080 carjacking, home-invasion robbery, aggravated battery,
7081 aggravated assault, or burglary with an assault or battery, and
7082 the child is currently charged with a second or subsequent
7083 violent crime against a person; or
7084 (b) If the child was 14 years of age or older at the time
7085 of commission of a fourth or subsequent alleged felony offense
7086 and the child was previously adjudicated delinquent or had
7087 adjudication withheld for or was found to have committed, or to
7088 have attempted or conspired to commit, three offenses that are
7089 felony offenses if committed by an adult, and one or more of
7090 such felony offenses involved the use or possession of a firearm
7091 or violence against a person;
7092
7093 the state attorney shall request the court to transfer and
7094 certify the child for prosecution as an adult or shall provide
7095 written reasons to the court for not making such request, or
7096 proceed under s. 985.557(1). Upon the state attorney’s request,
7097 the court shall either enter an order transferring the case and
7098 certifying the case for trial as if the child were an adult or
7099 provide written reasons for not issuing such an order.
7100 Section 150. For the purpose of incorporating the amendment
7101 made by this act to section 985.557, Florida Statutes, in a
7102 reference thereto, subsection (1) of section 985.15, Florida
7103 Statutes, is reenacted to read:
7104 985.15 Filing decisions.—
7105 (1) The state attorney may in all cases take action
7106 independent of the action or lack of action of the juvenile
7107 probation officer and shall determine the action that is in the
7108 best interest of the public and the child. If the child meets
7109 the criteria requiring prosecution as an adult under s. 985.556,
7110 the state attorney shall request the court to transfer and
7111 certify the child for prosecution as an adult or shall provide
7112 written reasons to the court for not making such a request. In
7113 all other cases, the state attorney may:
7114 (a) File a petition for dependency;
7115 (b) File a petition under chapter 984;
7116 (c) File a petition for delinquency;
7117 (d) File a petition for delinquency with a motion to
7118 transfer and certify the child for prosecution as an adult;
7119 (e) File an information under s. 985.557;
7120 (f) Refer the case to a grand jury;
7121 (g) Refer the child to a diversionary, pretrial
7122 intervention, arbitration, or mediation program, or to some
7123 other treatment or care program if such program commitment is
7124 voluntarily accepted by the child or the child’s parents or
7125 legal guardian; or
7126 (h) Decline to file.
7127 Section 151. For the purpose of incorporating the amendment
7128 made by this act to section 985.557, Florida Statutes, in a
7129 reference thereto, paragraph (c) of subsection (2) of section
7130 985.26, Florida Statutes, is reenacted to read:
7131 985.26 Length of detention.—
7132 (2)
7133 (c) A prolific juvenile offender under s. 985.255(1)(j)
7134 shall be placed on nonsecure detention care with electronic
7135 monitoring or in secure detention care under a special detention
7136 order until disposition. If secure detention care is ordered by
7137 the court, it must be authorized under this part and may not
7138 exceed:
7139 1. Twenty-one days unless an adjudicatory hearing for the
7140 case has been commenced in good faith by the court or the period
7141 is extended by the court pursuant to paragraph (b); or
7142 2. Fifteen days after the entry of an order of
7143 adjudication.
7144
7145 As used in this paragraph, the term “disposition” means a
7146 declination to file under s. 985.15(1)(h), the entry of nolle
7147 prosequi for the charges, the filing of an indictment under s.
7148 985.56 or an information under s. 985.557, a dismissal of the
7149 case, or an order of final disposition by the court.
7150 Section 152. Criminal Punishment Code Task Force.—
7151 (1) The Task Force on the Criminal Punishment Code, a task
7152 force as defined in s. 20.03(8), Florida Statutes, is created
7153 adjunct to the Department of Legal Affairs. The Legislature
7154 finds that there is a need to review sentencing for noncapital
7155 felony offenses under the Criminal Punishment Code. Therefore,
7156 the task force is created for the purpose of reviewing,
7157 evaluating, and making recommendations regarding sentencing for
7158 and ranking of noncapital felony offenses under the Criminal
7159 Punishment Code, including, but not limited to, whether current
7160 sentencing for noncapital felony offenses is appropriate to the
7161 level of the crime committed, whether current enhancements for
7162 those offenses are appropriate, and whether judicial discretion
7163 should be allowed with regard to mandatory minimum sentences for
7164 those offenses. The task force shall include an analysis of best
7165 practices in its review.
7166 (2) The task force is composed of the following members:
7167 (a) The Attorney General, or a designee of the Attorney
7168 General, who shall serve as chair of the task force.
7169 (b) The Secretary of Corrections, or a designee of the
7170 secretary.
7171 (c) Two members appointed by the President of the Senate,
7172 one of whom must be a public defender.
7173 (d) Two members appointed by the Speaker of the House of
7174 Representatives, one of whom must be a state attorney.
7175 (e) Two members appointed by the Chief Justice of the
7176 Supreme Court, one of whom must be a circuit judge currently
7177 assigned to a felony division.
7178
7179 Any vacancies on the task force shall be filled in the same
7180 manner as the original appointments. Appointments to the task
7181 force shall be made no later than July 15, 2019.
7182 (3) The task force shall endeavor to meet at least twice
7183 monthly throughout its duration and is encouraged to take input
7184 from all stakeholders involved in the criminal justice system.
7185 The first meeting of the task force shall occur no later than
7186 August 15, 2019. The Attorney General shall designate staff of
7187 the Department of Legal Affairs to provide support to the task
7188 force.
7189 (4) Upon the Attorney General’s request, the Department of
7190 Corrections and the Office of the State Courts Administrator
7191 shall provide necessary data collection and analysis, research,
7192 and support services to the task force.
7193 (5) Members of the task force may not receive compensation
7194 other than their usual salaries received from their employers,
7195 but are entitled to reimbursement for per diem and travel
7196 expenses from their employers in accordance with s. 112.061,
7197 Florida Statutes.
7198 (6) The task force shall submit a report to the Governor,
7199 the President of the Senate, the Speaker of the House of
7200 Representatives, and the Chief Justice of the Supreme Court no
7201 later than June 30, 2020, which must include, at a minimum, the
7202 issues considered by the task force, any recommendations for
7203 legislative changes, and an analysis of the expected impact of
7204 such recommendations if enacted by the Legislature. The task
7205 force is dissolved upon submission of the report.
7206 (7) This section expires July 1, 2020.
7207 Section 153. For the 2019-2020 fiscal year, the sum of
7208 $250,000 in nonrecurring funds is appropriated from the General
7209 Revenue Fund to the Department of Legal Affairs for the purpose
7210 of implementing the Criminal Punishment Code Task Force.
7211 Section 154. Except as otherwise expressly provided in this
7212 act, and except for this section, which shall take effect upon
7213 this act becoming a law, this act shall take effect October 1,
7214 2019.
7215
7216 ================= T I T L E A M E N D M E N T ================
7217 And the title is amended as follows:
7218 Delete everything before the enacting clause
7219 and insert:
7220 A bill to be entitled
7221 An act relating to public safety; amending s. 16.555,
7222 F.S.; providing for reallocation of unencumbered funds
7223 returned to the Crime Stoppers Trust Fund; specifying
7224 permissible uses for funds awarded to counties from
7225 the trust fund; creating s. 16.557, F.S.; defining
7226 terms; providing criminal penalties for disclosure of
7227 privileged communications or protected information or
7228 information concerning such communications or
7229 information; providing exceptions; creating s. 25.025,
7230 F.S.; authorizing certain Supreme Court justices to
7231 have an appropriate facility in their district of
7232 residence designated as their official headquarters;
7233 providing that an official headquarters may serve only
7234 as a justice’s private chambers; providing that such
7235 justices are eligible for a certain subsistence
7236 allowance and reimbursement for certain transportation
7237 expenses; requiring that such allowance and
7238 reimbursement be made to the extent appropriated funds
7239 are available, as determined by the Chief Justice;
7240 requiring the Chief Justice to coordinate with certain
7241 persons in designating official headquarters;
7242 providing that a county is not required to provide
7243 space for a justice in a county courthouse;
7244 authorizing counties to enter into agreements with the
7245 Supreme Court for the use of county courthouse space;
7246 prohibiting the Supreme Court from using state funds
7247 to lease space in specified facilities to allow a
7248 justice to establish an official headquarters;
7249 creating s. 43.51, F.S.; requiring the Office of the
7250 State Courts Administrator to provide an annual report
7251 containing certain information to the Legislature;
7252 defining the term “problem-solving court”; amending s.
7253 57.105, F.S.; prohibiting the awarding of attorney
7254 fees for certain proceedings for injunctions for
7255 protection under specified provisions; providing an
7256 exception; amending s. 61.13016, F.S.; providing that
7257 a written agreement for payment may include a
7258 reasonable period of payment deferral to accommodate
7259 an obligor’s good faith job-seeking efforts; amending
7260 s. 212.15, F.S.; increasing threshold amounts for
7261 certain theft offenses; amending s. 287.095, F.S.;
7262 deleting a provision that provides a limitation on the
7263 total sales by a specified corporation of certain
7264 products offered for purchase to a state agency;
7265 amending s. 322.01, F.S.; defining the term
7266 “suspension or revocation equivalent status”; amending
7267 s. 322.055, F.S.; reducing the length of driver
7268 license revocation for possession or sale of,
7269 trafficking in, or conspiracy to possess, sell, or
7270 traffic in a controlled substance; deleting provisions
7271 authorizing a driver to petition the Department of
7272 Highway Safety and Motor Vehicles for restoration of
7273 his or her driving privilege; amending s. 322.056,
7274 F.S.; reducing the period for revocation or suspension
7275 of, or delay of eligibility for, driver licenses or
7276 driving privileges for certain persons found guilty of
7277 certain drug offenses; deleting requirements relating
7278 to the revocation or suspension of, or delay of
7279 eligibility for, driver licenses or driving privileges
7280 for certain persons found guilty of certain alcohol or
7281 tobacco offenses; deleting provisions relating to the
7282 suspension or revocation of certain persons’ driver
7283 licenses; repealing s. 322.057, F.S., relating to
7284 discretionary revocation or suspension of a driver
7285 license for certain persons who provide alcohol to
7286 persons under a specified age; amending s. 322.34,
7287 F.S.; revising criminal penalties for the third or
7288 subsequent offense of driving while license suspended,
7289 revoked, canceled, or disqualified; creating s.
7290 322.75, F.S.; requiring each clerk of court to
7291 establish a Driver License Reinstatement Days program
7292 for reinstating suspended driver licenses in certain
7293 circumstances; providing duties of the clerks of the
7294 circuit courts and the department; authorizing such
7295 clerks to compromise on or waive certain fees and
7296 costs; authorizing such clerks to schedule a Driver
7297 License Reinstatement Days event on certain days or
7298 times; providing eligibility requirements; requiring
7299 such clerks and the Department of Highway Safety and
7300 Motor Vehicles to verify information necessary to
7301 reinstate a driver license under the program;
7302 requiring the clerks of court to collect specified
7303 data and report such data to the Florida Clerks of
7304 Court Operations Corporation; requiring the Florida
7305 Clerks of Court Operations Corporation to report
7306 specified information in a certain annual report the
7307 annual report required by s. 28.35, F.S.; amending s.
7308 394.917, F.S.; requiring the Department of Children
7309 and Families to provide rehabilitation to criminal
7310 offenders designated as sexually violent predators;
7311 amending s. 397.334, F.S.; conforming provisions to
7312 changes made by the act; amending s. 455.213, F.S.;
7313 requiring certain boards and entities within the
7314 Divisions of Certified Public Accounting, Professions,
7315 or Real Estate of the Department of Business and
7316 Professional Regulation to use a specified process for
7317 the review of an applicant’s criminal record to
7318 determine the applicant’s eligibility for certain
7319 licenses; prohibiting the conviction, or any other
7320 adjudication, of a crime before a specified date from
7321 being grounds for the denial of certain licenses;
7322 defining the term “conviction”; providing
7323 construction; authorizing a person to apply for a
7324 license before his or her lawful release from
7325 confinement or supervision; prohibiting the department
7326 from charging an applicant who is confined or under
7327 supervision an additional fee; prohibiting a board
7328 from basing a denial of a license application solely
7329 on the applicant’s current confinement or supervision;
7330 authorizing a board to stay the issuance of an
7331 approved license under certain circumstances;
7332 requiring a board to verify an applicant’s release
7333 with the Department of Corrections; requiring the
7334 applicable board or the Department of Business and
7335 Professional Regulation to allow certain applicants to
7336 appear by teleconference or video conference at
7337 certain meetings; requiring the Department of
7338 Corrections to cooperate and coordinate with the
7339 applicable board to facilitate the appearance of
7340 certain applicants at certain meetings in person, by
7341 teleconference, or by video conference, as
7342 appropriate; requiring a board or the department to
7343 provide certain lists on the department’s website
7344 specifying how certain crimes do or do not affect an
7345 applicant’s eligibility for licensure; providing that
7346 certain information be identified for the crimes on
7347 such list; requiring such lists to be available to the
7348 public upon request; amending s. 474.2165, F.S.;
7349 authorizing a veterinarian to report certain suspected
7350 criminal violations without notice to or authorization
7351 from a client; providing an exception; amending s.
7352 489.126, F.S.; providing that a contractor has a just
7353 cause defense for criminal offenses and disciplinary
7354 violations; providing an inference; deleting an intent
7355 requirement for contractor offenses; revising elements
7356 of offenses; revising criminal penalties for
7357 contractor offenses; amending s. 489.553, F.S.;
7358 prohibiting the conviction, or any other adjudication,
7359 of a crime before a specified date from being grounds
7360 for the denial of registration under certain
7361 circumstances; defining the term “conviction”;
7362 providing construction; authorizing a person to apply
7363 for registration before his or her lawful release from
7364 confinement or supervision; prohibiting the department
7365 or other applicable authority from charging an
7366 applicant who is confined or under supervision an
7367 additional fee; prohibiting the department or other
7368 applicable authority from basing the denial of
7369 registration solely on the applicant’s current
7370 confinement or supervision; authorizing the department
7371 or other applicable authority to stay the issuance of
7372 an approved registration under certain circumstances;
7373 requiring the department or other applicable authority
7374 to verify an applicant’s release with the Department
7375 of Corrections; requiring the Department of Business
7376 and Professional Regulation or other applicable
7377 authority to allow certain applicants to appear by
7378 teleconference or video conference at certain
7379 meetings; requiring the Department of Corrections to
7380 cooperate and coordinate with the department or
7381 applicable authority to facilitate the appearance of
7382 certain applicants at certain meetings in person, by
7383 teleconference, or by video conference, as
7384 appropriate; requiring the department or other
7385 applicable authority to provide certain lists on its
7386 website specifying how certain crimes do or do not
7387 affect an applicant’s eligibility for registration;
7388 providing that certain information be identified for
7389 each crime on such lists; requiring such lists to be
7390 available to the public upon request; amending s.
7391 500.451, F.S.; abolishing mandatory minimum sentence
7392 for the sale of horse meat for human consumption;
7393 amending s. 509.151, F.S.; increasing threshold
7394 amounts for certain theft offenses; amending s.
7395 562.11, F.S.; deleting provisions relating to
7396 withholding, suspending, or revoking the driving
7397 privilege of a person who provides alcoholic beverages
7398 to a person under 21 years of age; amending s.
7399 562.111, F.S.; deleting provisions relating to
7400 withholding, suspending, or revoking the driving
7401 privilege of a person under 21 years of age who
7402 possesses alcoholic beverages; amending s. 562.27,
7403 F.S.; reducing the offense severity of certain crimes
7404 related to the possession of a still or related
7405 apparatus; amending s. 562.451, F.S.; reducing the
7406 offense severity for possession of one or more gallons
7407 of certain liquors; amending s. 569.11, F.S.;
7408 conforming provisions to changes made by the act;
7409 revising penalties; amending s. 713.69, F.S.;
7410 increasing threshold amounts for certain theft
7411 offenses; amending s. 741.30, F.S.; conforming a
7412 provision to changes made by the act; amending s.
7413 775.082, F.S.; revising legislative intent that
7414 certain offenders released from incarceration from
7415 county detention facilities qualify as prison releasee
7416 reoffenders; amending s. 784.048, F.S.; revising the
7417 definition of the term “cyberstalk”; providing
7418 criminal penalties; amending s. 790.052, F.S.;
7419 specifying that certain law enforcement and
7420 correctional officers meet the definition of
7421 “qualified law enforcement officer” for the purposes
7422 of qualifying for certain rights during off-duty
7423 hours; specifying that certain persons meet the
7424 definition of “qualified retired law enforcement
7425 officer” for the purposes of qualifying for certain
7426 rights during off-duty hours; amending s. 790.22,
7427 F.S.; authorizing, rather than requiring, a court to
7428 withhold issuance of or suspend a person’s driver
7429 license or driving privilege for a minor who possesses
7430 or uses a firearm in certain circumstances; amending
7431 s. 800.09, F.S.; revising the definitions of the terms
7432 “employee” and “facility”; prohibiting certain lewd or
7433 lascivious acts in the presence of county correctional
7434 personnel; providing criminal penalties; amending s.
7435 806.13, F.S.; authorizing, rather than requiring, a
7436 court to withhold issuance of or suspend a person’s
7437 driver license or driving privilege for committing
7438 criminal mischief by a minor; amending s. 812.014,
7439 F.S.; increasing the threshold amount for certain
7440 theft offenses; revising the list of items the theft
7441 of which constitutes a felony of the third degree;
7442 requiring the Office of Program Policy Analysis and
7443 Government Accountability (OPPAGA) to perform a study
7444 about certain threshold amounts on a specified
7445 schedule; providing study requirements; requiring
7446 OPPAGA to consult with the Office of Economic and
7447 Demographic Research and other interested entities;
7448 requiring OPPAGA to submit a report to the Governor
7449 and the Legislature by a certain date and on a
7450 specified basis; amending s. 812.015, F.S.; revising
7451 the circumstances under which an offense of retail
7452 theft constitutes a felony of the second or third
7453 degree; authorizing the aggregation of retail thefts
7454 that occur in more than one judicial circuit within a
7455 30-day period into one total value and requiring
7456 prosecution of such thefts by the Office of the
7457 Statewide Prosecutor in accordance with s. 16.56,
7458 F.S.; requiring OPPAGA to perform a study about
7459 certain threshold amounts on a specified schedule;
7460 providing study requirements; requiring OPPAGA to
7461 consult with the Office of Economic and Demographic
7462 Research and other interested entities; requiring
7463 OPPAGA to submit a report to the Governor and the
7464 Legislature by a certain date and on a specified
7465 basis; amending s. 812.0155, F.S.; removing a court’s
7466 authority to suspend a driver license for a
7467 misdemeanor theft adjudication of guilt for a person
7468 18 years of age or older; allowing a court to suspend
7469 a driver license for a person 18 years of age or
7470 younger as an alternative to other possible sentences;
7471 amending s. 815.03, F.S.; revising the definition of
7472 the term “access” for purposes of provisions relating
7473 to computer crimes; amending s. 815.06, F.S.; revising
7474 conduct constituting an offense against users of
7475 computers, computer systems, computer networks, or
7476 electronic devices; providing criminal penalties;
7477 amending s. 817.413, F.S.; increasing threshold
7478 amounts for certain theft offenses; amending s.
7479 831.28, F.S.; criminalizing possession of a
7480 counterfeit instrument with intent to defraud;
7481 amending s. 849.01, F.S.; reducing the offense
7482 severity of certain crimes relating to keeping a
7483 gambling house or possessing certain gambling
7484 apparatuses; amending s. 877.112, F.S.; removing
7485 driver license revocation or suspension as a penalty
7486 for certain offenses involving nicotine products;
7487 amending s. 893.135, F.S.; revising threshold amounts
7488 for trafficking in specified substances ; amending s.
7489 900.05, F.S.; revising and providing definitions;
7490 revising and providing data required to be collected
7491 and reported to the Department of Law Enforcement by
7492 specified entities; requiring the department to
7493 publish data received from reporting agencies by a
7494 specified date; imposing penalties on reporting
7495 agencies for noncompliance with data reporting
7496 requirements; declaring information that is
7497 confidential and exempt upon collection by a reporting
7498 agency remains confidential and exempt when reported
7499 to the department; creating s. 943.0578, F.S.;
7500 establishing eligibility criteria for expunction of a
7501 criminal history record by a person found to have
7502 acted in lawful self-defense; requiring the department
7503 to issue a certificate of eligibility for expunction
7504 if specified criteria are fulfilled; specifying
7505 requirements for a petition to expunge; creating a
7506 penalty for providing false information on such
7507 petition; requiring the department to adopt rules
7508 relating to a certificate of expunction for lawful
7509 self-defense; amending s. 943.0581, F.S.; clarifying
7510 that administrative expunction applies to criminal
7511 history records resulting from an arrest made contrary
7512 to law or by mistake; creating s. 943.0584, F.S.;
7513 providing a definition; specifying criminal history
7514 records that are ineligible for court-ordered
7515 expunction or court-ordered sealing; amending s.
7516 943.0585, F.S.; providing eligibility criteria for
7517 court-ordered expunction of a criminal history record;
7518 requiring the department to issue a certificate of
7519 eligibility to petitioners meeting eligibility
7520 criteria; specifying requirements for a petition for
7521 court-ordered expunction; specifying a court’s
7522 authority to expunge criminal history records;
7523 specifying the process for a petition to expunge a
7524 criminal history record; specifying the process
7525 following the issuance of an order to expunge a
7526 criminal history record; specifying the effect of an
7527 order to expunge a criminal history record; amending
7528 s. 943.059, F.S.; providing eligibility criteria for
7529 court-ordered sealing of a criminal history record;
7530 requiring the department to issue a certificate of
7531 eligibility to petitioners meeting eligibility
7532 criteria; specifying requirements for a petition for
7533 court-ordered sealing; specifying a court’s authority
7534 to seal criminal history records; specifying the
7535 process for a petition to seal a criminal history
7536 record; specifying the effect of an order to seal a
7537 criminal history record; creating s. 943.0595, F.S.;
7538 requiring the department to adopt rules to implement
7539 administrative sealing of specified criminal history
7540 records; providing eligibility criteria for
7541 administrative sealing of criminal history records;
7542 specifying ineligible criminal history records;
7543 providing that there is no limitation on the number of
7544 times a person with an eligible criminal history
7545 record may obtain an automatic administrative sealing;
7546 requiring the clerk of court to transmit a certified
7547 copy of an eligible criminal history record to the
7548 department upon the resolution of a criminal case;
7549 specifying that the effect of automatic sealing is the
7550 same as court-ordered sealing; amending s. 943.6871,
7551 F.S.; declaring information received by the department
7552 from a reporting agency that is confidential and
7553 exempt upon collection remains confidential and
7554 exempt; requiring the Criminal and Juvenile Justice
7555 Information Systems Council to develop specifications
7556 for a uniform arrest affidavit; providing requirements
7557 for such affidavits; requiring the council to develop
7558 specifications for a uniform criminal charge and
7559 disposition statute crosswalk table and uniform
7560 criminal disposition and sentencing crosswalk table;
7561 requiring the department to procure the affidavit and
7562 statute crosswalk tables by a certain date; requiring
7563 the department to provide training on the use of the
7564 affidavit and crosswalk tables; requiring law
7565 enforcement agencies to use the uniform arrest
7566 affidavit and other agencies to use the statute
7567 crosswalk tables by a certain date; amending s.
7568 944.40, F.S.; including escape while on furlough in
7569 the offense of escape; providing criminal penalties;
7570 amending s. 944.47, F.S.; providing enhanced penalties
7571 for offenses involving introduction of contraband in
7572 correctional facilities when committed by correctional
7573 facility employees; amending s. 944.704, F.S.;
7574 authorizing the department to increase the number of
7575 employees serving as transition specialists and
7576 employment specialists; requiring transition
7577 assistance staff to provide job assignment
7578 credentialing and industry certification information
7579 to inmates before their release; amending s. 944.705,
7580 F.S.; requiring the department to establish a
7581 telephone hotline for released offenders; requiring
7582 that the department provide an inmate with a
7583 comprehensive community reentry resource directory
7584 organized by county before the inmate’s release;
7585 requiring the department to use certain programming
7586 data to notify inmates about reentry resources before
7587 release; authorizing a nonprofit faith-based or
7588 professional business or a civic or community
7589 organization to apply for registration with the
7590 department to provide inmate reentry services;
7591 requiring the department to adopt certain policies and
7592 procedures; authorizing the department to deny
7593 approval and registration of an organization or
7594 representative of an organization under certain
7595 circumstances; authorizing the department to contract
7596 with a public or private educational institution’s
7597 veteran advocacy clinic or veteran legal clinic for
7598 certain purposes; authorizing the department to
7599 contract with public or private organizations to
7600 establish transitional employment programs that
7601 provide employment opportunities to recently released
7602 inmates; requiring the department to adopt certain
7603 rules; amending s. 944.801, F.S.; authorizing the
7604 Correctional Education Program to establish a Prison
7605 Entrepreneurship Program and adopt procedures for
7606 admitting student inmates; providing requirements for
7607 the program; authorizing transitional and postrelease
7608 continuing educational services to be offered under
7609 certain circumstances; requiring the department to
7610 enter into certain agreements to implement the
7611 program; requiring that the program be funded with
7612 existing resources; authorizing the Department of
7613 Corrections to develop a program, in cooperation with
7614 the Department of Agriculture and Consumer Service,
7615 the Florida Forestry Division, and the Florida
7616 Department of Financial Services, Division of State
7617 Fire Marshall, to train and certify inmates to become
7618 firefighters; amending s. 948.001, F.S.; redefining
7619 the term “administrative probation”; amending s.
7620 948.013, F.S.; authorizing the department to transfer
7621 an offender to administrative probation under certain
7622 circumstances; amending s. 948.04, F.S.; requiring a
7623 court to early terminate a term of probation or
7624 convert the term to administrative probation under
7625 certain circumstances; authorizing a court to continue
7626 reporting probation upon making written findings;
7627 amending s. 948.05, F.S.; requiring the department to
7628 implement a graduated incentives program for
7629 probationers and offenders on community control;
7630 authorizing the department to issue certain incentives
7631 without leave of court; amending s. 948.06, F.S.;
7632 requiring a probation officer to determine whether a
7633 probationer or offender on community control who
7634 commits a technical violation is eligible for a
7635 certain alternative sanctioning program; authorizing
7636 the probation officer to take certain actions if such
7637 probationer or offender is eligible; defining the term
7638 “technical violation”; requiring a court to modify or
7639 continue a probationary term under certain
7640 circumstances; requiring that judicial circuits
7641 establish an alternative sanctioning program;
7642 authorizing the chief judge of each judicial circuit
7643 to issue specified administrative orders; requiring a
7644 probation officer to submit to the court for approval
7645 any recommended sanctions against a probationer or
7646 offender determined to be eligible for the program;
7647 defining the terms “low-risk violation” and “moderate
7648 risk violation”; specifying circumstances under which
7649 a probationer or offender on community control is not
7650 eligible for an alternative sanction; authorizing a
7651 probation officer to offer an eligible probationer one
7652 or more specified alternative sanctions for a first or
7653 second low-risk violation; authorizing a probation
7654 officer, under certain circumstances, to offer an
7655 eligible probationer or offender on community control
7656 one or more specified alternative sanctions for a
7657 first moderate-risk violation; providing that the
7658 participation of a probationer or offender on
7659 community control in the alternative sanctioning
7660 program is voluntary, subject to certain requirements;
7661 specifying actions that a probationer or offender on
7662 community control may take if he or she is eligible
7663 for an alternative sanctioning program; requiring that
7664 a probation officer, under certain circumstances,
7665 submit a recommended sanction to the court;
7666 authorizing the court to impose the recommended
7667 sanction or direct the department to submit a
7668 violation report, affidavit, and warrant to the court;
7669 authorizing a probation officer to submit a violation
7670 report, affidavit, and warrant to the court under
7671 certain circumstances; prohibiting certain evidence in
7672 subsequent proceedings; amending s. 948.08, F.S.;
7673 expanding eligibility criteria for pretrial substance
7674 abuse education programs to include a person with two
7675 or fewer convictions for nonviolent felonies; creating
7676 s. 948.081, F.S.; authorizing community court
7677 programs; providing program requirements; amending s.
7678 951.22, F.S.; providing an exception to a prohibition
7679 on contraband for certain legal documents; prohibiting
7680 introduction into or possession of certain cellular
7681 telephones or other portable communication devices on
7682 the grounds of any county detention facility;
7683 providing criminal penalties; amending s. 958.04,
7684 F.S.; revising the criteria authorizing a court to
7685 sentence as a youthful offender a person who is found
7686 guilty of, or who pled nolo contendere or guilty to,
7687 committing a felony before the person turned 21 years
7688 of age; amending s. 960.07, F.S.; increasing the
7689 timeframe for filing a crime victim compensation
7690 claim; providing an extension for good cause for a
7691 specified period; increasing the timeframe to file a
7692 claim for a victim or intervenor who was under a
7693 certain age at the time of the crime; providing an
7694 extension of a certain timeframe for good cause;
7695 increasing the timeframe a victim of a sexually
7696 violent offense may file a claim for victim
7697 compensation; amending s. 960.13, F.S.; increasing the
7698 timeframe for prompt reporting of a crime to be
7699 eligible for a victim compensation award; amending s.
7700 960.195, F.S.; increasing the timeframe for reporting
7701 a criminal or delinquent act resulting in property
7702 loss of an elderly person or disabled adult; amending
7703 s. 960.196, F.S.; increasing the timeframe to report
7704 certain human trafficking offenses to be eligible for
7705 a victim relocation assistance award; providing an
7706 extension for good cause; amending s. 960.28, F.S.,
7707 increasing the maximum monetary reimbursement amount
7708 to certain medical providers for an initial forensic
7709 physical examination of certain victims; amending s.
7710 985.12, F.S.; providing that locally authorized
7711 entities may continue to operate an independent civil
7712 citation or similar prearrest diversion program that
7713 is in operation as of October 1, 2018; requiring each
7714 civil citation or similar diversion program to enter
7715 appropriate youth data into the Juvenile Justice
7716 Information System Prevention Web within a specified
7717 period after the admission of the youth into the
7718 program; amending s. 985.126, F.S.; removing the
7719 requirement for law enforcement officers to submit a
7720 copy of specified documentation to the Department of
7721 Juvenile Justice; requiring certain information be
7722 entered into the Juvenile Justice Information System
7723 Prevention Web within a specified timeframe; amending
7724 s. 985.145, F.S.; deleting the requirement that the
7725 department must enter certain information into the
7726 Juvenile Justice Information System Prevention Web in
7727 specified instances; amending s. 985.557, F.S.;
7728 deleting provisions requiring the mandatory direct
7729 filing of charges in adult court against juveniles
7730 under certain circumstances; amending ss. 776.09,
7731 943.053, and 943.0582, F.S.; conforming cross
7732 references; amending s. 985.565, F.S.; conforming
7733 provisions to changes made by the act; amending s.
7734 921.0022, F.S.; listing on levels 3 and 4 certain
7735 felonies on the offense severity ranking chart of the
7736 Criminal Punishment Code; conforming provisions to
7737 changes made by the act; reenacting s. 322.05(11),
7738 F.S., relating to prohibiting the issuance of a driver
7739 license to certain persons, to incorporate the
7740 amendment made to s. 322.056, F.S., in a reference
7741 thereto; reenacting s. 316.027(2)(c) and
7742 907.041(4)(c), F.S., relating to a crash involving
7743 death or personal injuries and pretrial detention and
7744 release, respectively, to incorporate the amendment
7745 made to s. 322.34, F.S., in references thereto;
7746 reenacting s. 509.161, F.S., relating to rules of
7747 evidence in certain prosecutions, to incorporate the
7748 amendment made to s. 509.151, F.S., in a reference
7749 thereto; reenacting ss. 790.065(2)(c), 794.056(1),
7750 847.0141(4), 901.41(5), 938.08, 938.085,
7751 943.325(2)(g), 948.06(8)(c), 948.062(1),
7752 960.001(1)(b), 985.265(3)(b), and 1006.147(3)(e),
7753 F.S., relating to the sale and delivery of firearms,
7754 the Rape Crisis Program Trust Fund, sexting, prearrest
7755 diversion programs, additional costs to fund programs
7756 in domestic violence and rape crisis centers, the DNA
7757 database, the definition of the term “qualifying
7758 offense” as it relates to the violation of probation
7759 or community control and failure to pay restitution or
7760 cost of supervision, reviewing and reporting serious
7761 offenses committed by offenders placed on probation or
7762 community control, guidelines for fair treatment of
7763 victims and witnesses in the criminal justice and
7764 juvenile justice systems, detention transfer and
7765 release, education, and adult jails, and the
7766 prohibition of bullying and harassment, respectively,
7767 to incorporate the amendment made to s. 784.048, F.S.,
7768 in references thereto; reenacting s. 316.0775(1),
7769 F.S., relating to interference with official traffic
7770 control devices or railroad signs or signals, to
7771 incorporate the amendment made to s. 806.13, F.S., in
7772 a reference thereto; reenacting ss. 95.18(10),
7773 373.6055(3)(c), 400.9935(3), 550.6305(10), 627.743(2),
7774 634.421(2), 642.038(2), 705.102(4), 812.14(7), and
7775 893.138(3), F.S., relating to real property actions
7776 and adverse possession without color of title,
7777 criminal history checks for certain water management
7778 district employees and others, clinic
7779 responsibilities, intertrack wagering, guest track
7780 payments, and accounting rules, the payment of third
7781 party claims, reporting and accounting for funds,
7782 reporting lost or abandoned property, trespass and
7783 larceny with relation to utility fixtures and the
7784 theft of utility services, and local administrative
7785 action to abate drug-related, prostitution-related, or
7786 stolen-property-related public nuisances and criminal
7787 gang activity, respectively, to incorporate the
7788 amendment made to s. 812.014, F.S., in references
7789 thereto; reenacting ss. 538.09(5) and 538.23(2), F.S.,
7790 relating to the registration of and violations and
7791 penalties for secondhand dealers, respectively, to
7792 incorporate the amendment made to s. 812.015, F.S., in
7793 references thereto; reenacting s. 1006.147(3)(e),
7794 F.S., relating to the prohibition of bullying and
7795 harassment, to incorporate the amendment made to s.
7796 815.03, F.S., in a reference thereto; reenacting ss.
7797 316.80(2), 775.30(1) and (2), 775.33(2), 782.04(5),
7798 and 934.07(3), F.S., relating to the unlawful
7799 conveyance of fuel and obtaining fuel fraudulently,
7800 terrorism, providing material support or resources for
7801 terrorism or to terrorist organizations, the
7802 definition of the term “terrorism” as it relates to
7803 murder, and the authorization for interception of
7804 wire, oral, or electronic communications,
7805 respectively, to incorporate the amendment made to s.
7806 815.06, F.S., in references thereto; reenacting s.
7807 849.02, F.S., relating to agents or employees of
7808 keepers of gambling houses, to incorporate the
7809 amendment made to s. 849.01, F.S., in a reference
7810 thereto; reenacting ss. 373.6055(3)(c), 397.4073(6),
7811 414.095(1), 772.12(2), 775.087(2)(a) and (3)(a),
7812 782.04(1)(a), (3), and (4), 810.02(3), 893.13(8)(d),
7813 893.1351(1) and (2), 900.05(3)(e), 903.133,
7814 907.041(4)(c), 921.141(9), and 921.142(2), F.S.,
7815 relating to criminal history checks for certain water
7816 management district employees and others, background
7817 checks of service provider personnel, determining
7818 eligibility for temporary cash assistance, the Drug
7819 Dealer Liability Act, possession or use of a weapon,
7820 aggravated battery, felony reclassifications, and
7821 minimum sentencing, murder, burglary, prohibited acts
7822 and penalties relating to controlled substances, the
7823 ownership, lease, rental, or possession for
7824 trafficking in or manufacturing a controlled
7825 substance, criminal justice data collection, the
7826 prohibition of bail on appeal for certain felony
7827 convictions, pretrial detention and release, the
7828 sentence of death or life imprisonment for capital
7829 felonies and further proceedings to determine
7830 sentences, and the sentence of death or life
7831 imprisonment for capital drug trafficking felonies and
7832 further proceedings to determine sentences,
7833 respectively, to incorporate the amendment made to s.
7834 893.135, F.S., in references thereto; reenacting s.
7835 944.026(3)(a), F.S., relating to community-based
7836 facilities and programs, to incorporate the amendment
7837 made to s. 944.704, F.S., in a reference thereto;
7838 reenacting s. 944.4731(6), F.S., relating to the
7839 Addiction-Recovery Supervision Program, to incorporate
7840 the amendment made to s. 944.705, F.S., in a reference
7841 thereto; reenacting s. 447.203(2), F.S., relating to
7842 the definition of the terms “public employer” or
7843 “employer,” to incorporate the amendment made to s.
7844 944.801, F.S., in a reference thereto; reenacting s.
7845 921.187(1)(n), F.S., relating to disposition and
7846 sentencing alternatives, to incorporate the amendment
7847 made to s. 948.013, F.S., in a reference thereto;
7848 reenacting ss. 948.012(2)(b), 948.10(3), 948.20(3),
7849 and 958.14, F.S., relating to split sentencing of
7850 probation or community control and imprisonment,
7851 procedures governing violations of community control,
7852 revocation of drug offender probation, and violations
7853 of probation or community control programs,
7854 respectively, to incorporate the amendment made to s.
7855 948.06, F.S., in references thereto; reenacting ss.
7856 796.07(4)(b), 944.026(3)(b), and 948.036(1), F.S.,
7857 relating to charges of prostitution and related acts,
7858 certain pretrial intervention programs, and work
7859 programs, respectively, to incorporate the amendment
7860 made to s. 948.08, F.S., in references thereto;
7861 reenacting ss. 394.47892(2), 397.334(5), and
7862 910.035(5)(a), F.S., relating to mental health court
7863 programs, treatment-based drug court programs, and
7864 transfer for participation in a problem-solving court,
7865 respectively, to incorporate the amendments made to
7866 ss. 948.08 and 948.16, F.S., in references thereto;
7867 reenacting ss. 958.03(5), 958.045(8)(a), 958.046, and
7868 985.565(4)(c), F.S., relating to the definition of the
7869 term “youthful offender,” the youthful offender basic
7870 training program, county-operated youthful offender
7871 boot camp programs, and adult sanctions upon failure
7872 of juvenile sanctions, to incorporate the amendment
7873 made to s. 958.04, F.S., in references thereto;
7874 reenacting s. 985.556(3), F.S., relating to
7875 involuntary mandatory waiver, to incorporate the
7876 amendment made to s. 985.557, F.S., in a reference
7877 thereto; reenacting ss. 985.15(1), and 985.26(2)(c),
7878 F.S., relating to filing decisions of state attorneys
7879 in the prosecution of a child, and length of detention
7880 for prolific juvenile offenders, respectively, to
7881 incorporate the amendment made to s. 985.557, F.S., in
7882 references thereto; creating the Task Force on the
7883 Criminal Punishment Code adjunct to the Department of
7884 Legal Affairs; providing a legislative finding;
7885 specifying the task force’s purpose; requiring that
7886 the task force analyze best practices; providing for
7887 membership of the task force and the filling of any
7888 vacancies; providing meeting requirements; providing
7889 for staff support; requiring specified governmental
7890 entities to provide certain information and support
7891 services upon request of the Attorney General;
7892 providing for reimbursement of per diem and travel
7893 expenses; prescribing reporting requirements;
7894 providing for dissolution of the task force; providing
7895 an appropriation; providing effective dates.