HB 1815

A bill to be entitled

An act relating to controlled substances; amending s.

893.033, F.S.; revising the definition of the term "listed

precursor chemicals"; including benzaldehyde, hydriodic

acid, and nitroethane in the definition; deleting

anhydrous ammonia and benzyl chloride from the definition;

revising the definition of the term "listed essential

chemicals"; including anhydrous ammonia, benzyl chloride,

hydrochloric gas, and iodine in the definition; amending

s. 893.13, F.S.; prohibiting a person from manufacturing

methamphetamine or phencyclidine, or possessing listed

chemicals with the intent to manufacture such chemicals;

providing criminal penalties; providing for minimum terms

of imprisonment in circumstances where a person commits or

attempts to commit such crime in a structure or conveyance

where a child is present and in circumstances where a

child suffers great bodily harm; providing criminal

penalties in circumstances where a person fails to store

anhydrous ammonia as required; providing that any

violation of ch. 893, F.S., which results in serious

injury to a state, local, or federal law enforcement

officer is a third degree felony and such a violation

resulting in death or great bodily harm is a second degree

felony; amending s. 893.135, F.S.; including offenses

involving pseudoephedrine or ephedrine within the offense

of trafficking in amphetamine; providing criminal

penalties; providing that it is a capital offense to

manufacture or import pseudoephedrine or ephedrine knowing

that the probable result will be death; amending s.

893.149, F.S., relating to the prohibition against

possessing listed chemicals; providing an exception to

such prohibition for a person authorized to clean up or

dispose of hazardous waste or toxic substances pursuant to

ch. 893, F.S.; providing that damages arising out of the

unlawful possession of, storage of, or tampering with a

listed chemical is the sole responsibility of the person

unlawfully possessing, storing, or tampering with the

chemical; providing that the lawful owner, installer,

maintainer, designer, manufacturer, possessor, or seller

is immune from liability in the absence of negligent

misconduct or failure to abide by laws governing

possession or storage; reenacting s. 893.02(12), F.S.,

relating to the definition of the term "listed chemical,"

for the purpose of incorporating the amendment to s.

893.033, F.S., in a reference thereto; reenacting ss.

435.07(2), 921.187(1), 938.25, and 948.034(1) and (2),

F.S., relating to exemptions from disqualification for

certain employment, disposition, and sentencing, the

assessment of fees for purposes of funding the Operating

Trust Fund of the Department of Law Enforcement, and the

terms and conditions of probation, respectively, for the

purpose of incorporating the amendment to s. 893.13, F.S.,

in references thereto; reenacting ss. 311.12(3)(c),

414.095(1), 775.087(2)(a) and (3)(a), 782.04(1)(a),

(3)(a), and (4)(a), 893.13(8)(d), 907.041(4)(c),

921.0024(1), 921.142(2), 943.0585, and 943.059, F.S.,

relating to seaport security standards, eligibility for

temporary cash assistance, mandatory sentencing in

circumstances involving the possession of use of a weapon,

specified offenses that may be charged as murder if death

results, prohibited acts by prescribing practitioners,

circumstances in which the court may order pretrial

detention, worksheet computations and scoresheets under

the Criminal Punishment Code, sentencing in capital drug

trafficking cases, limitations on circumstances in which a

criminal history record may be expunged, and limitations

on circumstances in which a criminal history record may be

sealed, respectively, for the purpose of incorporating the

amendment to s. 895.135, F.S., in references thereto;

reenacting ss. 397.451(4)(b) and (6), s. 772.12(2)(a),

893.1351(1), 903.133, and 921.0022(3)(c) and (e) through

(i), F.S., relating to background checks of service

provider personnel, the Drug Dealer Liability Act, the

prohibition against leasing or renting for the purpose of

trafficking in a controlled substance, the limitation of

admission to bail, and the designation of offenses on the

offense severity ranking chart of the Criminal Punishment

Code, respectively, for the purpose of incorporating the

amendments to s. 893.13 and 893.135, F.S., in references

thereto; providing applicability; providing an effective

date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 893.033, Florida Statutes, is amended

to read:

893.033 Listed chemicals.--The chemicals listed in this

section are included by whatever official, common, usual,

chemical, or trade name designated.

(1) PRECURSOR CHEMICALS.--The term "listed precursor

chemical" means a chemical that may be used in manufacturing a

controlled substance in violation of this chapter and is

critical to the creation of the controlled substance, and such

term includes any salt, optical isomer, or salt of an optical

isomer, whenever the existence of such salt, optical isomer, or

salt of optical isomer is possible within the specific chemical

designation. The following are "listed precursor chemicals":

~~(a) Anhydrous ammonia.~~

(a)~~(b)~~ Anthranilic acid.

100

(b) Benzaldehyde.

101

~~(c) Benzyl chloride.~~

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(c)~~(d)~~ Benzyl cyanide.

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(d)~~(e)~~ Chloroephedrine.

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(e)~~(f)~~ Chloropseudoephedrine.

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(f)~~(g)~~ Ephedrine.

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(g)~~(h)~~ Ergonovine.

107

(h)~~(i)~~ Ergotamine.

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(i)~~(j)~~ Ethylamine.

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(j) Hydriodic acid.

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(k) Isosafrole.

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(l) Methylamine.

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(m) 3, 4-Methylenedioxyphenyl-2-propanone.

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(n) N-acetylanthranilic acid.

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(o) N-ethylephedrine.

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(p) N-ethylpseudoephedrine.

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(q) N-methylephedrine.

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(r) N-methylpseudoephedrine.

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(s) Nitroethane.

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(t)~~(s)~~ Norpseudoephedrine.

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(u)~~(t)~~ Phenylacetic acid.

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(v)~~(u)~~ Phenylpropanolamine.

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(w)~~(v)~~ Piperidine.

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(x)~~(w)~~ Piperonal.

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(y)~~(x)~~ Propionic anhydride.

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(z)~~(y)~~ Pseudoephedrine.

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(aa)~~(z)~~ Safrole.

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(2) ESSENTIAL CHEMICALS.--The term "listed essential

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chemical" means a chemical that may be used as a solvent,

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reagent, or catalyst in manufacturing a controlled substance in

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violation of this chapter. The following are "listed essential

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chemicals":

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(a) Acetic anhydride.

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(b) Acetone.

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135

(d) Benzyl chloride.

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(e)~~(c)~~ 2-Butanone.

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(f)~~(d)~~ Ethyl ether.

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(g) Hydrochloric gas.

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(h)~~(e)~~ Hydriodic acid.

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(i) Iodine.

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(j)~~(f)~~ Potassium permanganate.

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(k)~~(g)~~ Toluene.

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Section 2. Paragraph (g) is added to subsection (1) of

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section 893.13, Florida Statutes, paragraphs (a) and (c) of

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subsection (7) of said section are amended, subsection (12) is

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added to said section, and paragraph (d) of subsection (8) of

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said section is reenacted for purpose of incorporating the

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amendment to section 893.135, Florida Statutes, in a reference

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thereto, to read:

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893.13 Prohibited acts; penalties.--

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(1)

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(g) Except as authorized by this chapter, it is unlawful

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for any person to manufacture methamphetamine or phencyclidine,

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or possess with the intent to manufacture methamphetamine or

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phencyclidine, or any listed chemical as defined in s. 893.033,

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when possessed in violation of s. 893.149. If any person

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violates this paragraph and:

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1. The commission or attempted commission of the crime

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occurs in a structure or conveyance where any child under 16

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years of age is present, the person commits a felony of the

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first degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084. In addition, the defendant must be sentenced to a

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minimum term of imprisonment of 5 calendar years.

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2. The commission of the crime causes any child under 16

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years of age to suffer great bodily harm, the person commits a

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felony of the first degree, punishable as provided in s.

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775.082, s. 775.083, or s. 775.084. In addition, the defendant

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must be sentenced to a minimum term of imprisonment of 10

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calendar years.

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(7)(a) It is unlawful for any person:

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1. To distribute or dispense a controlled substance in

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violation of this chapter.

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2. To refuse or fail to make, keep, or furnish any record,

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notification, order form, statement, invoice, or information

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required under this chapter.

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3. To refuse an entry into any premises for any inspection

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or to refuse to allow any inspection authorized by this chapter.

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4. To distribute a controlled substance named or described

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in s. 893.03(1) or (2) except pursuant to an order form as

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required by s. 893.06.

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5. To keep or maintain any store, shop, warehouse,

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dwelling, building, vehicle, boat, aircraft, or other structure

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or place which is resorted to by persons using controlled

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substances in violation of this chapter for the purpose of using

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these substances, or which is used for keeping or selling them

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in violation of this chapter.

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6. To use to his or her own personal advantage, or to

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reveal, any information obtained in enforcement of this chapter

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except in a prosecution or administrative hearing for a

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violation of this chapter.

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7. To possess a prescription form which has not been

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completed and signed by the practitioner whose name appears

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printed thereon, unless the person is that practitioner, is an

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agent or employee of that practitioner, is a pharmacist, or is a

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supplier of prescription forms who is authorized by that

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practitioner to possess those forms.

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8. To withhold information from a practitioner from whom

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the person seeks to obtain a controlled substance or a

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prescription for a controlled substance that the person making

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the request has received a controlled substance or a

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prescription for a controlled substance of like therapeutic use

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from another practitioner within the previous 30 days.

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9. To acquire or obtain, or attempt to acquire or obtain,

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possession of a controlled substance by misrepresentation,

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fraud, forgery, deception, or subterfuge.

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10. To affix any false or forged label to a package or

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receptacle containing a controlled substance.

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11. To furnish false or fraudulent material information

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in, or omit any material information from, any report or other

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document required to be kept or filed under this chapter or any

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record required to be kept by this chapter.

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12. To store anhydrous ammonia in a container that is not

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approved by the United States Department of Transportation to

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hold anhydrous ammonia or is not constructed in accordance with

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sound engineering, agricultural, or commercial practices.

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subparagraphs (a)8.-12. ~~(a)8.-11.~~ commits a felony of the third

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degree, punishable as provided in s. 775.082, s. 775.083, or s.

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775.084.

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(8)

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(d) Notwithstanding paragraph (c), if a prescribing

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practitioner has violated paragraph (a) and received $1,000 or

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more in payment for writing one or more prescriptions or, in the

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case of a prescription written for a controlled substance

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described in s. 893.135, has written one or more prescriptions

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for a quantity of a controlled substance which, individually or

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in the aggregate, meets the threshold for the offense of

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trafficking in a controlled substance under s. 893.15, the

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violation is reclassified as a felony of the second degree and

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ranked in level 4 of the Criminal Punishment Code.

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(12) If a person violates any provision of this chapter

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and such violation results in a serious injury to a state,

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local, or federal law enforcement officer, the person commits a

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felony of the third degree, punishable as provided in s.

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775.082, s. 775.083, or s. 775.084. If the injury sustained

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results in death or great bodily harm, the person commits a

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felony of the second degree, punishable as provided in s.

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775.082, s. 775.083, or 775.084.

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Section 3. Paragraph (f) of subsection (1) of section

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893.135, Florida Statutes, is amended to read:

241

893.135 Trafficking; mandatory sentences; suspension or

242

reduction of sentences; conspiracy to engage in trafficking.--

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(1) Except as authorized in this chapter or in chapter 499

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and notwithstanding the provisions of s. 893.13:

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(f)1. Any person who knowingly sells, purchases,

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manufactures, delivers, or brings into this state, or who is

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knowingly in actual or constructive possession of, 14 grams or

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more of amphetamine, as described in s. 893.03(2)(c)2., or

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methamphetamine, as described in s. 893.03(2)(c)4., or of any

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mixture containing amphetamine or methamphetamine, or

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phenylacetone, or phenylacetic acid~~, or ephedrine~~ in conjunction

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with other chemicals and equipment utilized in the manufacture

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of amphetamine or methamphetamine, or 14 grams or more of any

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mixture containing crushed or powdered pseudoephedrine or

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ephedrine, or 300 or more pills, capsules, or tablets containing

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any mixture of pseudoephedrine or ephedrine, commits a felony of

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the first degree, which felony shall be known as "trafficking in

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amphetamine," punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084. If the quantity involved:

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a. Is 14 grams or more, but less than 28 grams, or 300 or

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more pills, tablets, or capsules, but fewer than 600 pills,

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tablets, or capsules, such person shall be sentenced to a

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mandatory minimum term of imprisonment of 3 years, and the

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defendant shall be ordered to pay a fine of $50,000.

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b. Is 28 grams or more, or 600 or more pills, tablets, or

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capsules, but fewer than 5,000 pills, tablets, or capsules, but

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less than 200 grams, such person shall be sentenced to a

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mandatory minimum term of imprisonment of 7 years, and the

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defendant shall be ordered to pay a fine of $100,000.

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c. Is 200 grams or more, or 5,000 or more pills, tablets,

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or capsules, such person shall be sentenced to a mandatory

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minimum term of imprisonment of 15 calendar years and pay a fine

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of $250,000.

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2. Any person who knowingly manufactures or brings into

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this state 400 grams or more of amphetamine, as described in s.

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893.03(2)(c)2., or methamphetamine, as described in s.

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893.03(2)(c)4., or of any mixture containing amphetamine or

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methamphetamine, or phenylacetone, or phenylacetic acid~~, or~~

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~~ephedrine~~ in conjunction with other chemicals and equipment used

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in the manufacture of amphetamine or methamphetamine, or 400

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grams or more of any mixture containing crushed or powdered

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pseudoephedrine or ephedrine, or 10,000 or more pills, capsules,

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or tablets containing any mixture of pseudoephedrine or

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ephedrine, and who knows that the probable result of such

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manufacture or importation would be the death of any person

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commits capital manufacture or importation of amphetamine, a

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capital felony punishable as provided in ss. 775.082 and

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921.142. Any person sentenced for a capital felony under this

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paragraph shall also be sentenced to pay the maximum fine

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provided under subparagraph 1.

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Section 4. Section 893.149, Florida Statutes, is amended

292

to read:

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893.149 Unlawful possession of listed chemical.--

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(1) It is unlawful for any person to knowingly or

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intentionally:

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(a) Possess a listed chemical with the intent to

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unlawfully manufacture a controlled substance;

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(b) Possess or distribute a listed chemical knowing, or

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having reasonable cause to believe, that the listed chemical

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will be used to unlawfully manufacture a controlled substance.

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(2) Any person who violates this section commits ~~is guilty~~

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of a felony of the second degree, punishable as provided in s.

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775.082, s. 775.083, or s. 775.084.

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(3) This section does not apply to a public employee or

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private contractor authorized to clean up or dispose of

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hazardous waste or toxic substances pursuant to the provisions

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of this chapter.

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(4) Any damages arising out of the unlawful possession of,

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storage of, or tampering with a listed chemical, as defined in

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s. 893.033, shall be the sole responsibility of the person or

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persons unlawfully possessing, storing, or tampering with the

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listed chemical. In no case shall liability for damages arising

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out of the unlawful possession of, storage of, or tampering with

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a listed chemical extend to the lawful owner, installer,

315

maintainer, designer, manufacturer, possessor, or seller of the

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listed chemical, unless such damages arise out of the acts or

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omissions of the owner, installer, maintainer, designer,

318

manufacturer, possessor, or seller which constitute negligent

319

misconduct or failure to abide by the laws regarding the

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possession or storage of a listed chemical.

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Section 5. For the purpose of incorporating the amendment

322

to section 893.135, Florida Statutes, in a reference thereto,

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paragraph (c) of subsection (3) of section 311.12, Florida

324

Statutes, is reenacted to read:

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311.12 Seaport security standards.--

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(3)

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access established by each seaport pursuant to its seaport

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security plan, each seaport security plan shall provide that:

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1. Any person who has within the past 7 years been

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convicted, regardless of whether adjudication was withheld, for

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a forcible felony as defined in s. 776.08; an act of terrorism

333

as defined in s. 775.30; planting of a hoax bomb as provided in

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s. 790.165; any violation involving the manufacture, possession,

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sale, delivery, display, use, or attempted or threatened use of

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a weapon of mass destruction or hoax weapon of mass destruction

337

as provided in s. 790.166; dealing in stolen property; any

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violation of s. 893.135; any violation involving the sale,

339

manufacturing, delivery, or possession with intent to sell,

340

manufacture, or deliver a controlled substance; burglary;

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robbery; any felony violation of s. 812.014; any violation of s.

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790.07; any crime an element of which includes use or possession

343

of a firearm; any conviction for any similar offenses under the

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laws of another jurisdiction; or conviction for conspiracy to

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commit any of the listed offenses shall not be qualified for

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initial employment within or regular access to a seaport or

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restricted access area; and

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2. Any person who has at any time been convicted for any

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of the listed offenses shall not be qualified for initial

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employment within or authorized regular access to a seaport or

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restricted access area unless, after release from incarceration

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and any supervision imposed as a sentence, the person remained

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free from a subsequent conviction, regardless of whether

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adjudication was withheld, for any of the listed offenses for a

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period of at least 7 years prior to the employment or access

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date under consideration.

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Section 6. For the purpose of incorporating the amendments

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to sections 893.13 and 893.135, Florida Statutes, in references

359

thereto, paragraph (b) of subsection (4) and subsection (6) of

360

section 397.451, Florida Statutes, are reenacted to read:

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397.451 Background checks of service provider personnel.--

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(4) EXEMPTIONS FROM DISQUALIFICATION.--

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(b) Since rehabilitated substance abuse impaired persons

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are effective in the successful treatment and rehabilitation of

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substance abuse impaired adolescents, for service providers

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which treat adolescents 13 years of age and older, service

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provider personnel whose background checks indicate crimes under

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s. 817.563, s. 893.13, or s. 893.147 may be exempted from

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disqualification from employment pursuant to this paragraph.

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(6) DISQUALIFICATION FROM RECEIVING STATE FUNDS.--State

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funds may not be disseminated to any service provider owned or

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operated by an owner, director, or chief financial officer who

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has been convicted of, has entered a plea of guilty or nolo

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contendere to, or has had adjudication withheld for, a violation

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of s. 893.135 pertaining to trafficking in controlled

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substances, or a violation of the law of another state, the

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District of Columbia, the United States or any possession or

378

territory thereof, or any foreign jurisdiction which is

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substantially similar in elements and penalties to a trafficking

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offense in this state, unless the owner's or director's civil

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rights have been restored.

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Section 7. For the purpose of incorporating the amendment

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to section 893.135, Florida Statutes, in a reference thereto,

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subsection (1) of section 414.095, Florida Statutes, is

385

reenacted to read:

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414.095 Determining eligibility for temporary cash

387

assistance.--

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(1) ELIGIBILITY.--An applicant must meet eligibility

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requirements of this section before receiving services or

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temporary cash assistance under this chapter, except that an

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applicant shall be required to register for work and engage in

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work activities in accordance with s. 445.024, as designated by

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the regional workforce board, and may receive support services

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or child care assistance in conjunction with such requirement.

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The department shall make a determination of eligibility based

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on the criteria listed in this chapter. The department shall

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monitor continued eligibility for temporary cash assistance

398

through periodic reviews consistent with the food stamp

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eligibility process. Benefits shall not be denied to an

400

individual solely based on a felony drug conviction, unless the

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conviction is for trafficking pursuant to s. 893.135. To be

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eligible under this section, an individual convicted of a drug

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felony must be satisfactorily meeting the requirements of the

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temporary cash assistance program, including all substance abuse

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treatment requirements. Within the limits specified in this

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chapter, the state opts out of the provision of Pub. L. No. 104-

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193, s. 115, that eliminates eligibility for temporary cash

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assistance and food stamps for any individual convicted of a

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controlled substance felony.

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Section 8. For the purpose of incorporating the amendment

411

to section 893.13, Florida Statutes, in a reference thereto,

412

subsection (2) of section 435.07, Florida Statutes, is reenacted

413

to read:

414

435.07 Exemptions from disqualification.--Unless otherwise

415

provided by law, the provisions of this section shall apply to

416

exemptions from disqualification.

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(2) Persons employed by treatment providers who treat

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adolescents 13 years of age and older who are disqualified from

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employment solely because of crimes under s. 817.563, s. 893.13,

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or s. 893.147 may be exempted from disqualification from

421

employment pursuant to this section without the 3-year waiting

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period.

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Section 9. For the purpose of incorporating the amendments

424

to sections 893.13 and 893.135, Florida Statutes, in references

425

thereto, paragraph (a) of subsection (2) of section 772.12,

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Florida Statutes, is reenacted to read:

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772.12 Drug Dealer Liability Act.--

428

(2) A person, including any governmental entity, has a

429

cause of action for threefold the actual damages sustained and

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is entitled to minimum damages in the amount of $1,000 and

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reasonable attorney's fees and court costs in the trial and

432

appellate courts, if the person proves by the greater weight of

433

the evidence that:

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(a) The person was injured because of the defendant's

435

actions that resulted in the defendant's conviction for:

436

1. A violation of s. 893.13, except for a violation of s.

437

893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or

438

2. A violation of s. 893.135; and

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Section 10. For the purpose of incorporating the amendment

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to section 893.135, Florida Statutes, in references thereto,

441

paragraph (a) of subsection (2) and paragraph (a) of subsection

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(3) of section 775.087, Florida Statutes, are reenacted to read:

443

775.087 Possession or use of weapon; aggravated battery;

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felony reclassification; minimum sentence.--

445

(2)(a)1. Any person who is convicted of a felony or an

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attempt to commit a felony, regardless of whether the use of a

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weapon is an element of the felony, and the conviction was for:

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a. Murder;

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b. Sexual battery;

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c. Robbery;

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d. Burglary;

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e. Arson;

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f. Aggravated assault;

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g. Aggravated battery;

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h. Kidnapping;

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i. Escape;

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j. Aircraft piracy;

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k. Aggravated child abuse;

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l. Aggravated abuse of an elderly person or disabled

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adult;

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m. Unlawful throwing, placing, or discharging of a

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destructive device or bomb;

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n. Carjacking;

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o. Home-invasion robbery;

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p. Aggravated stalking;

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q. Trafficking in cannabis, trafficking in cocaine,

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capital importation of cocaine, trafficking in illegal drugs,

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capital importation of illegal drugs, trafficking in

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phencyclidine, capital importation of phencyclidine, trafficking

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in methaqualone, capital importation of methaqualone,

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trafficking in amphetamine, capital importation of amphetamine,

472

trafficking in flunitrazepam, trafficking in gamma-

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hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,

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trafficking in Phenethylamines, or other violation of s.

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893.135(1); or

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r. Possession of a firearm by a felon

477

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and during the commission of the offense, such person actually

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possessed a "firearm" or "destructive device" as those terms are

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defined in s. 790.001, shall be sentenced to a minimum term of

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imprisonment of 10 years, except that a person who is convicted

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for aggravated assault, possession of a firearm by a felon, or

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burglary of a conveyance shall be sentenced to a minimum term of

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imprisonment of 3 years if such person possessed a "firearm" or

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"destructive device" during the commission of the offense.

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2. Any person who is convicted of a felony or an attempt

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to commit a felony listed in sub-subparagraphs (a)1.a.-q.,

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regardless of whether the use of a weapon is an element of the

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felony, and during the course of the commission of the felony

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such person discharged a "firearm" or "destructive device" as

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defined in s. 790.001 shall be sentenced to a minimum term of

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imprisonment of 20 years.

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3. Any person who is convicted of a felony or an attempt

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to commit a felony listed in sub-subparagraphs (a)1.a.-q.,

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regardless of whether the use of a weapon is an element of the

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felony, and during the course of the commission of the felony

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such person discharged a "firearm" or "destructive device" as

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defined in s. 790.001 and, as the result of the discharge, death

499

or great bodily harm was inflicted upon any person, the

500

convicted person shall be sentenced to a minimum term of

501

imprisonment of not less than 25 years and not more than a term

502

of imprisonment of life in prison.

503

(3)(a)1. Any person who is convicted of a felony or an

504

attempt to commit a felony, regardless of whether the use of a

505

firearm is an element of the felony, and the conviction was for:

506

a. Murder;

507

b. Sexual battery;

508

c. Robbery;

509

d. Burglary;

510

e. Arson;

511

f. Aggravated assault;

512

g. Aggravated battery;

513

h. Kidnapping;

514

i. Escape;

515

j. Sale, manufacture, delivery, or intent to sell,

516

manufacture, or deliver any controlled substance;

517

k. Aircraft piracy;

518

l. Aggravated child abuse;

519

m. Aggravated abuse of an elderly person or disabled

520

adult;

521

n. Unlawful throwing, placing, or discharging of a

522

destructive device or bomb;

523

o. Carjacking;

524

p. Home-invasion robbery;

525

q. Aggravated stalking; or

526

r. Trafficking in cannabis, trafficking in cocaine,

527

capital importation of cocaine, trafficking in illegal drugs,

528

capital importation of illegal drugs, trafficking in

529

phencyclidine, capital importation of phencyclidine, trafficking

530

in methaqualone, capital importation of methaqualone,

531

trafficking in amphetamine, capital importation of amphetamine,

532

trafficking in flunitrazepam, trafficking in gamma-

533

hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,

534

trafficking in Phenethylamines, or other violation of s.

535

893.135(1);

536

537

and during the commission of the offense, such person possessed

538

a semiautomatic firearm and its high-capacity detachable box

539

magazine or a machine gun as defined in s. 790.001, shall be

540

sentenced to a minimum term of imprisonment of 15 years.

541

2. Any person who is convicted of a felony or an attempt

542

to commit a felony listed in subparagraph (a)1., regardless of

543

whether the use of a weapon is an element of the felony, and

544

during the course of the commission of the felony such person

545

discharged a semiautomatic firearm and its high-capacity box

546

magazine or a "machine gun" as defined in s. 790.001 shall be

547

sentenced to a minimum term of imprisonment of 20 years.

548

3. Any person who is convicted of a felony or an attempt

549

to commit a felony listed in subparagraph (a)1., regardless of

550

whether the use of a weapon is an element of the felony, and

551

during the course of the commission of the felony such person

552

discharged a semiautomatic firearm and its high-capacity box

553

magazine or a "machine gun" as defined in s. 790.001 and, as the

554

result of the discharge, death or great bodily harm was

555

inflicted upon any person, the convicted person shall be

556

sentenced to a minimum term of imprisonment of not less than 25

557

years and not more than a term of imprisonment of life in

558

prison.

559

Section 11. For the purpose of incorporating the amendment

560

to section 893.135, Florida Statutes, in references thereto,

561

paragraph (a) of subsection (1), paragraph (a) of subsection

562

(3), and paragraph (a) of subsection (4) of section 782.04,

563

Florida Statutes, are reenacted to read:

564

782.04 Murder.--

565

(1)(a) The unlawful killing of a human being:

566

1. When perpetrated from a premeditated design to effect

567

the death of the person killed or any human being;

568

2. When committed by a person engaged in the perpetration

569

of, or in the attempt to perpetrate, any:

570

a. Trafficking offense prohibited by s. 893.135(1),

571

b. Arson,

572

c. Sexual battery,

573

d. Robbery,

574

e. Burglary,

575

f. Kidnapping,

576

g. Escape,

577

h. Aggravated child abuse,

578

i. Aggravated abuse of an elderly person or disabled

579

adult,

580

j. Aircraft piracy,

581

k. Unlawful throwing, placing, or discharging of a

582

destructive device or bomb,

583

l. Carjacking,

584

m. Home-invasion robbery,

585

n. Aggravated stalking,

586

o. Murder of another human being,

587

p. Resisting an officer with violence to his or her

588

person,

589

q. Felony that is an act of terrorism or is in furtherance

590

of an act of terrorism; or

591

3. Which resulted from the unlawful distribution of any

592

substance controlled under s. 893.03(1), cocaine as described in

593

s. 893.03(2)(a)4., or opium or any synthetic or natural salt,

594

compound, derivative, or preparation of opium by a person 18

595

years of age or older, when such drug is proven to be the

596

proximate cause of the death of the user,

597

598

is murder in the first degree and constitutes a capital felony,

599

punishable as provided in s. 775.082.

600

(3) When a person is killed in the perpetration of, or in

601

the attempt to perpetrate, any:

602

(a) Trafficking offense prohibited by s. 893.135(1),

603

604

by a person other than the person engaged in the perpetration of

605

or in the attempt to perpetrate such felony, the person

606

perpetrating or attempting to perpetrate such felony is guilty

607

of murder in the second degree, which constitutes a felony of

608

the first degree, punishable by imprisonment for a term of years

609

not exceeding life or as provided in s. 775.082, s. 775.083, or

610

s. 775.084.

611

(4) The unlawful killing of a human being, when

612

perpetrated without any design to effect death, by a person

613

engaged in the perpetration of, or in the attempt to perpetrate,

614

any felony other than any:

615

(a) Trafficking offense prohibited by s. 893.135(1),

616

617

is murder in the third degree and constitutes a felony of the

618

second degree, punishable as provided in s. 775.082, s. 775.083,

619

or s. 775.084.

620

Section 12. For the purpose of incorporating the amendment

621

to section 893.033, Florida Statutes, in a reference thereto,

622

subsection (12) of section 893.02, Florida Statutes, is

623

reenacted to read:

624

893.02 Definitions.--The following words and phrases as

625

used in this chapter shall have the following meanings, unless

626

the context otherwise requires:

627

(12) "Listed chemical" means any precursor chemical or

628

essential chemical named or described in s. 893.033.

629

Section 13. For the purpose of incorporating the

630

amendments to sections 893.13 and 893.135, Florida Statutes, in

631

references thereto, subsection (1) of section 893.1351, Florida

632

Statutes, is reenacted to read:

633

893.1351 Lease or rent for the purpose of trafficking in a

634

controlled substance.--

635

(1) A person may not lease or rent any place, structure,

636

or part thereof, trailer, or other conveyance, with the

637

knowledge that such place, structure, trailer, or conveyance

638

will be used for the purpose of trafficking in a controlled

639

substance, as provided in s. 893.135, or the sale of a

640

controlled substance, as provided in s. 893.13.

641

Section 14. For the purpose of incorporating the

642

amendments to sections 893.13 and 893.135, Florida Statutes, in

643

references thereto, section 903.133, Florida Statutes, is

644

reenacted to read:

645

903.133 Bail on appeal; prohibited for certain felony

646

convictions.--Notwithstanding the provisions of s. 903.132, no

647

person adjudged guilty of a felony of the first degree for a

648

violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.

649

806.01, s. 893.13, or s. 893.135, or adjudged guilty of a

650

violation of s. 794.011(2) or (3), shall be admitted to bail

651

pending review either by posttrial motion or appeal.

652

Section 15. For the purpose of incorporating the amendment

653

to section 893.135, Florida Statutes, in a reference thereto,

654

paragraph (c) of subsection (4) of section 907.041, Florida

655

Statutes, is reenacted to read:

656

907.041 Pretrial detention and release.--

657

(4) PRETRIAL DETENTION.--

658

659

substantial probability, based on a defendant's past and present

660

patterns of behavior, the criteria in s. 903.046, and any other

661

relevant facts, that any of the following circumstances exists:

662

1. The defendant has previously violated conditions of

663

release and that no further conditions of release are reasonably

664

likely to assure the defendant's appearance at subsequent

665

proceedings;

666

2. The defendant, with the intent to obstruct the judicial

667

process, has threatened, intimidated, or injured any victim,

668

potential witness, juror, or judicial officer, or has attempted

669

or conspired to do so, and that no condition of release will

670

reasonably prevent the obstruction of the judicial process;

671

3. The defendant is charged with trafficking in controlled

672

substances as defined by s. 893.135, that there is a substantial

673

probability that the defendant has committed the offense, and

674

that no conditions of release will reasonably assure the

675

defendant's appearance at subsequent criminal proceedings; or

676

4. The defendant is charged with DUI manslaughter, as

677

defined by s. 316.193, and that there is a substantial

678

probability that the defendant committed the crime and that the

679

defendant poses a threat of harm to the community; conditions

680

that would support a finding by the court pursuant to this

681

subparagraph that the defendant poses a threat of harm to the

682

community include, but are not limited to, any of the following:

683

a. The defendant has previously been convicted of any

684

crime under s. 316.193, or of any crime in any other state or

685

territory of the United States that is substantially similar to

686

any crime under s. 316.193;

687

b. The defendant was driving with a suspended driver's

688

license when the charged crime was committed; or

689

c. The defendant has previously been found guilty of, or

690

has had adjudication of guilt withheld for, driving while the

691

defendant's driver's license was suspended or revoked in

692

violation of s. 322.34;

693

5. The defendant poses the threat of harm to the

694

community. The court may so conclude, if it finds that the

695

defendant is presently charged with a dangerous crime, that

696

there is a substantial probability that the defendant committed

697

such crime, that the factual circumstances of the crime indicate

698

a disregard for the safety of the community, and that there are

699

no conditions of release reasonably sufficient to protect the

700

community from the risk of physical harm to persons.

701

6. The defendant was on probation, parole, or other

702

release pending completion of sentence or on pretrial release

703

for a dangerous crime at the time the current offense was

704

committed; or

705

7. The defendant has violated one or more conditions of

706

pretrial release or bond for the offense currently before the

707

court and the violation, in the discretion of the court,

708

supports a finding that no conditions of release can reasonably

709

protect the community from risk of physical harm to persons or

710

assure the presence of the accused at trial.

711

Section 16. For the purpose of incorporating the

712

amendments to sections 893.13 and 893.135, Florida Statutes, in

713

references thereto, paragraphs (c) and (e) through (i) of

714

subsection (3) of section 921.0022, Florida Statutes, are

715

reenacted to read:

716

921.0022 Criminal Punishment Code; offense severity

717

ranking chart.--

718

(3) OFFENSE SEVERITY RANKING CHART

FloridaStatute

FelonyDegree

Description

719

720

119.10(3)

3rd

Unlawful use of confidential information from police reports.

721

316.066(3)(d)-(f)

3rd

Unlawfully obtaining or using confidential crash reports.

722

316.193(2)(b)

3rd

Felony DUI, 3rd conviction.

723

316.1935(2)

3rd

Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.

724

319.30(4)

3rd

Possession by junkyard of motor vehicle with identification number plate removed.

725

319.33(1)(a)

3rd

Alter or forge any certificate of title to a motor vehicle or mobile home.

726

319.33(1)(c)

3rd

Procure or pass title on stolen vehicle.

727

319.33(4)

3rd

With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.

728

327.35(2)(b)

3rd

Felony BUI.

729

328.05(2)

3rd

Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.

730

328.07(4)

3rd

Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.

731

370.12(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.

732

370.12(1)(e)6.

3rd

Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.

733

376.302(5)

3rd

Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

734

400.903(3)

3rd

Operating a clinic without a license or filing false license application or other required information.

735

440.105(3)(b)

3rd

Receipt of fee or consideration without approval by judge of compensation claims.

736

440.1051(3)

3rd

False report of workers' compensation fraud or retaliation for making such a report.

737

501.001(2)(b)

2nd

Tampers with a consumer product or the container using materially false/misleading information.

738

624.401(4)(a)

3rd

Transacting insurance without a certificate of authority.

739

624.401(4)(b)1.

3rd

Transacting insurance without a certificate of authority; premium collected less than $20,000.

740

626.902(1)(a) & (b)

3rd

Representing an unauthorized insurer.

741

697.08

3rd

Equity skimming.

742

790.15(3)

3rd

Person directs another to discharge firearm from a vehicle.

743

796.05(1)

3rd

Live on earnings of a prostitute.

744

806.10(1)

3rd

Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.

745

806.10(2)

3rd

Interferes with or assaults firefighter in performance of duty.

746

810.09(2)(c)

3rd

Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.

747

812.014(2)(c)2.

3rd

Grand theft; $5,000 or more but less than $10,000.

748

812.0145(2)(c)

3rd

Theft from person 65 years of age or older; $300 or more but less than $10,000.

749

815.04(4)(b)

2nd

Computer offense devised to defraud or obtain property.

750

817.034(4)(a)3.

3rd

Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.

751

817.233

3rd

Burning to defraud insurer.

752

817.234(8)(b)-(c)

3rd

Unlawful solicitation of persons involved in motor vehicle accidents.

753

817.234(11)(a)

3rd

Insurance fraud; property value less than $20,000.

754

817.236

3rd

Filing a false motor vehicle insurance application.

755

817.2361

3rd

Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.

756

817.413(2)

3rd

Sale of used goods as new.

757

817.505(4)

3rd

Patient brokering.

758

828.12(2)

3rd

Tortures any animal with intent to inflict intense pain, serious physical injury, or death.

759

831.28(2)(a)

3rd

Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.

760

831.29

2nd

Possession of instruments for counterfeiting drivers' licenses or identification cards.

761

838.021(3)(b)

3rd

Threatens unlawful harm to public servant.

762

843.19

3rd

Injure, disable, or kill police dog or horse.

763

860.15(3)

3rd

Overcharging for repairs and parts.

764

870.01(2)

3rd

Riot; inciting or encouraging.

765

893.13(1)(a)2.

3rd

Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).

766

893.13(1)(d)2.

2nd

Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.

767

893.13(1)(f)2.

2nd

Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.

768

893.13(6)(a)

3rd

Possession of any controlled substance other than felony possession of cannabis.

769

893.13(7)(a)8.

3rd

Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.

770

893.13(7)(a)9.

3rd

Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.

771

893.13(7)(a)10.

3rd

Affix false or forged label to package of controlled substance.

772

893.13(7)(a)11.

3rd

Furnish false or fraudulent material information on any document or record required by chapter 893.

773

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.

774

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.

775

893.13(8)(a)3.

3rd

Knowingly write a prescription for a controlled substance for a fictitious person.

776

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.

777

918.13(1)(a)

3rd

Alter, destroy, or conceal investigation evidence.

778

944.47(1)(a)1.-2.

3rd

Introduce contraband to correctional facility.

779

944.47(1)(c)

2nd

Possess contraband while upon the grounds of a correctional institution.

780

985.3141

3rd

Escapes from a juvenile facility (secure detention or residential commitment facility).

781

(e) LEVEL 5

782

316.027(1)(a)

3rd

Accidents involving personal injuries, failure to stop; leaving scene.

783

316.1935(4)

2nd

Aggravated fleeing or eluding.

784

322.34(6)

3rd

Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.

785

327.30(5)

3rd

Vessel accidents involving personal injury; leaving scene.

786

381.0041(11)(b)

3rd

Donate blood, plasma, or organs knowing HIV positive.

787

440.10(1)(g)

2nd

Failure to obtain workers' compensation coverage.

788

440.105(5)

2nd

Unlawful solicitation for the purpose of making workers' compensation claims.

789

440.381(2)

2nd

Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.

790

624.401(4)(b)2.

2nd

Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.

791

626.902(1)(c)

2nd

Representing an unauthorized insurer; repeat offender.

792

790.01(2)

3rd

Carrying a concealed firearm.

793

790.162

2nd

Threat to throw or discharge destructive device.

794

790.163(1)

2nd

False report of deadly explosive or weapon of mass destruction.

795

790.221(1)

2nd

Possession of short-barreled shotgun or machine gun.

796

790.23

2nd

Felons in possession of firearms or electronic weapons or devices.

797

800.04(6)(c)

3rd

Lewd or lascivious conduct; offender less than 18 years.

798

800.04(7)(c)

2nd

Lewd or lascivious exhibition; offender 18 years or older.

799

806.111(1)

3rd

Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.

800

812.0145(2)(b)

2nd

Theft from person 65 years of age or older; $10,000 or more but less than $50,000.

801

812.015(8)

3rd

Retail theft; property stolen is valued at $300 or more and one or more specified acts.

802

812.019(1)

2nd

Stolen property; dealing in or trafficking in.

803

812.131(2)(b)

3rd

Robbery by sudden snatching.

804

812.16(2)

3rd

Owning, operating, or conducting a chop shop.

805

817.034(4)(a)2.

2nd

Communications fraud, value $20,000 to $50,000.

806

817.234(11)(b)

2nd

Insurance fraud; property value $20,000 or more but less than $100,000.

807

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.

808

817.568(2)(b)

2nd

Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.

809

817.625(2)(b)

2nd

Second or subsequent fraudulent use of scanning device or reencoder.

810

825.1025(4)

3rd

Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.

811

827.071(4)

2nd

Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.

812

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.

813

843.01

3rd

Resist officer with violence to person; resist arrest with violence.

814

874.05(2)

2nd

Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.

815

893.13(1)(a)1.

2nd

Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).

816

893.13(1)(c)2.

2nd

Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.

817

893.13(1)(d)1.

1st

Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.

818

893.13(1)(e)2.

2nd

Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.

819

893.13(1)(f)1.

1st

Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.

820

893.13(4)(b)

2nd

Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).

821

(f) LEVEL 6

822

316.193(2)(b)

3rd

Felony DUI, 4th or subsequent conviction.

823

499.0051(3)

2nd

Forgery of pedigree papers.

824

499.0051(4)

2nd

Purchase or receipt of legend drug from unauthorized person.

825

499.0051(5)

2nd

Sale of legend drug to unauthorized person.

826

775.0875(1)

3rd

Taking firearm from law enforcement officer.

827

775.21(10)

3rd

Sexual predators; failure to register; failure to renew driver's license or identification card.

828

784.021(1)(a)

3rd

Aggravated assault; deadly weapon without intent to kill.

829

784.021(1)(b)

3rd

Aggravated assault; intent to commit felony.

830

784.041

3rd

Felony battery.

831

784.048(3)

3rd

Aggravated stalking; credible threat.

832

784.048(5)

3rd

Aggravated stalking of person under 16.

833

784.07(2)(c)

2nd

Aggravated assault on law enforcement officer.

834

784.074(1)(b)

2nd

Aggravated assault on sexually violent predators facility staff.

835

784.08(2)(b)

2nd

Aggravated assault on a person 65 years of age or older.

836

784.081(2)

2nd

Aggravated assault on specified official or employee.

837

784.082(2)

2nd

Aggravated assault by detained person on visitor or other detainee.

838

784.083(2)

2nd

Aggravated assault on code inspector.

839

787.02(2)

3rd

False imprisonment; restraining with purpose other than those in s. 787.01.

840

790.115(2)(d)

2nd

Discharging firearm or weapon on school property.

841

790.161(2)

2nd

Make, possess, or throw destructive device with intent to do bodily harm or damage property.

842

790.164(1)

2nd

False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.

843

790.19

2nd

Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.

844

794.011(8)(a)

3rd

Solicitation of minor to participate in sexual activity by custodial adult.

845

794.05(1)

2nd

Unlawful sexual activity with specified minor.

846

800.04(5)(d)

3rd

Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.

847

800.04(6)(b)

2nd

Lewd or lascivious conduct; offender 18 years of age or older.

848

806.031(2)

2nd

Arson resulting in great bodily harm to firefighter or any other person.

849

810.02(3)(c)

2nd

Burglary of occupied structure; unarmed; no assault or battery.

850

812.014(2)(b)1.

2nd

Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.

851

812.014(2)(b)2.

2nd

Property stolen; cargo valued at less than $50,000, grand theft in 2nd degree.

852

812.015(9)

2nd

Retail theft; property stolen $300 or more; second or subsequent conviction.

853

812.13(2)(c)

2nd

Robbery, no firearm or other weapon (strong-arm robbery).

854

817.034(4)(a)1.

1st

Communications fraud, value greater than $50,000.

855

817.4821(5)

2nd

Possess cloning paraphernalia with intent to create cloned cellular telephones.

856

825.102(1)

3rd

Abuse of an elderly person or disabled adult.

857

825.102(3)(c)

3rd

Neglect of an elderly person or disabled adult.

858

825.1025(3)

3rd

Lewd or lascivious molestation of an elderly person or disabled adult.

859

825.103(2)(c)

3rd

Exploiting an elderly person or disabled adult and property is valued at less than $20,000.

860

827.03(1)

3rd

Abuse of a child.

861

827.03(3)(c)

3rd

Neglect of a child.

862

827.071(2)&(3)

2nd

Use or induce a child in a sexual performance, or promote or direct such performance.

863

836.05

2nd

Threats; extortion.

864

836.10

2nd

Written threats to kill or do bodily injury.

865

843.12

3rd

Aids or assists person to escape.

866

847.0135(3)

3rd

Solicitation of a child, via a computer service, to commit an unlawful sex act.

867

914.23

2nd

Retaliation against a witness, victim, or informant, with bodily injury.

868

943.0435(9)

3rd

Sex offenders; failure to comply with reporting requirements.

869

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.

870

944.40

2nd

Escapes.

871

944.46

3rd

Harboring, concealing, aiding escaped prisoners.

872

944.47(1)(a)5.

2nd

Introduction of contraband (firearm, weapon, or explosive) into correctional facility.

873

951.22(1)

3rd

Intoxicating drug, firearm, or weapon introduced into county facility.

874

(g) LEVEL 7

875

316.027(1)(b)

2nd

Accident involving death, failure to stop; leaving scene.

876

316.193(3)(c)2.

3rd

DUI resulting in serious bodily injury.

877

327.35(3)(c)2.

3rd

Vessel BUI resulting in serious bodily injury.

878

402.319(2)

2nd

Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.

879

409.920(2)

3rd

Medicaid provider fraud.

880

456.065(2)

3rd

Practicing a health care profession without a license.

881

456.065(2)

2nd

Practicing a health care profession without a license which results in serious bodily injury.

882

458.327(1)

3rd

Practicing medicine without a license.

883

459.013(1)

3rd

Practicing osteopathic medicine without a license.

884

460.411(1)

3rd

Practicing chiropractic medicine without a license.

885

461.012(1)

3rd

Practicing podiatric medicine without a license.

886

462.17

3rd

Practicing naturopathy without a license.

887

463.015(1)

3rd

Practicing optometry without a license.

888

464.016(1)

3rd

Practicing nursing without a license.

889

465.015(2)

3rd

Practicing pharmacy without a license.

890

466.026(1)

3rd

Practicing dentistry or dental hygiene without a license.

891

467.201

3rd

Practicing midwifery without a license.

892

468.366

3rd

Delivering respiratory care services without a license.

893

483.828(1)

3rd

Practicing as clinical laboratory personnel without a license.

894

483.901(9)

3rd

Practicing medical physics without a license.

895

484.013(1)(c)

3rd

Preparing or dispensing optical devices without a prescription.

896

484.053

3rd

Dispensing hearing aids without a license.

897

494.0018(2)

1st

Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.

898

560.123(8)(b)1.

3rd

Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.

899

560.125(5)(a)

3rd

Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.

900

655.50(10)(b)1.

3rd

Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.

901

782.051(3)

2nd

Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.

902

782.07(1)

2nd

Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).

903

782.071

2nd

Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).

904

782.072

2nd

Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).

905

784.045(1)(a)1.

2nd

Aggravated battery; intentionally causing great bodily harm or disfigurement.

906

784.045(1)(a)2.

2nd

Aggravated battery; using deadly weapon.

907

784.045(1)(b)

2nd

Aggravated battery; perpetrator aware victim pregnant.

908

784.048(4)

3rd

Aggravated stalking; violation of injunction or court order.

909

784.07(2)(d)

1st

Aggravated battery on law enforcement officer.

910

784.074(1)(a)

1st

Aggravated battery on sexually violent predators facility staff.

911

784.08(2)(a)

1st

Aggravated battery on a person 65 years of age or older.

912

784.081(1)

1st

Aggravated battery on specified official or employee.

913

784.082(1)

1st

Aggravated battery by detained person on visitor or other detainee.

914

784.083(1)

1st

Aggravated battery on code inspector.

915

790.07(4)

1st

Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).

916

790.16(1)

1st

Discharge of a machine gun under specified circumstances.

917

790.165(2)

2nd

Manufacture, sell, possess, or deliver hoax bomb.

918

790.165(3)

2nd

Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.

919

790.166(3)

2nd

Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.

920

790.166(4)

2nd

Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.

921

796.03

2nd

Procuring any person under 16 years for prostitution.

922

800.04(5)(c)1.

2nd

Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.

923

800.04(5)(c)2.

2nd

Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.

924

806.01(2)

2nd

Maliciously damage structure by fire or explosive.

925

810.02(3)(a)

2nd

Burglary of occupied dwelling; unarmed; no assault or battery.

926

810.02(3)(b)

2nd

Burglary of unoccupied dwelling; unarmed; no assault or battery.

927

810.02(3)(d)

2nd

Burglary of occupied conveyance; unarmed; no assault or battery.

928

812.014(2)(a)

1st

Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.

929

812.014(2)(b)3.

2nd

Property stolen, emergency medical equipment; 2nd degree grand theft.

930

812.0145(2)(a)

1st

Theft from person 65 years of age or older; $50,000 or more.

931

812.019(2)

1st

Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.

932

812.131(2)(a)

2nd

Robbery by sudden snatching.

933

812.133(2)(b)

1st

Carjacking; no firearm, deadly weapon, or other weapon.

934

817.234(8)(a)

2nd

Solicitation of motor vehicle accident victims with intent to defraud.

935

817.234(9)

2nd

Organizing, planning, or participating in an intentional motor vehicle collision.

936

817.234(11)(c)

1st

Insurance fraud; property value $100,000 or more.

937

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.

938

825.102(3)(b)

2nd

Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.

939

825.103(2)(b)

2nd

Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.

940

827.03(3)(b)

2nd

Neglect of a child causing great bodily harm, disability, or disfigurement.

941

827.04(3)

3rd

Impregnation of a child under 16 years of age by person 21 years of age or older.

942

837.05(2)

3rd

Giving false information about alleged capital felony to a law enforcement officer.

943

838.015

2nd

Bribery.

944

838.016

2nd

Unlawful compensation or reward for official behavior.

945

838.021(3)(a)

2nd

Unlawful harm to a public servant.

946

838.22

2nd

Bid tampering.

947

872.06

2nd

Abuse of a dead human body.

948

893.13(1)(c)1.

1st

Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.

949

893.13(1)(e)1.

1st

Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.

950

893.13(4)(a)

1st

Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).

951

893.135(1)(a)1.

1st

Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.

952

893.135(1)(b)1.a.

1st

Trafficking in cocaine, more than 28 grams, less than 200 grams.

953

893.135(1)(c)1.a.

1st

Trafficking in illegal drugs, more than 4 grams, less than 14 grams.

954

893.135(1)(d)1.

1st

Trafficking in phencyclidine, more than 28 grams, less than 200 grams.

955

893.135(1)(e)1.

1st

Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.

956

893.135(1)(f)1.

1st

Trafficking in amphetamine, more than 14 grams, less than 28 grams.

957

893.135(1)(g)1.a.

1st

Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.

958

893.135(1)(h)1.a.

1st

Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.

959

893.135(1)(j)1.a.

1st

Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.

960

893.135(1)(k)2.a.

1st

Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.

961

896.101(5)(a)

3rd

Money laundering, financial transactions exceeding $300 but less than $20,000.

962

896.104(4)(a)1.

3rd

Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.

963

(h) LEVEL 8

964

316.193(3)(c)3.a.

2nd

DUI manslaughter.

965

327.35(3)(c)3.

2nd

Vessel BUI manslaughter.

966

499.0051(7)

1st

Forgery of prescription or legend drug labels.

967

499.0052

1st

Trafficking in contraband legend drugs.

968

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.

969

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.

970

655.50(10)(b)2.

2nd

Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.

971

777.03(2)(a)

1st

Accessory after the fact, capital felony.

972

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, aircraft piracy, or unlawfully discharging bomb.

973

782.051(2)

1st

Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).

974

782.071(1)(b)

1st

Committing vehicular homicide and failing to render aid or give information.

975

782.072(2)

1st

Committing vessel homicide and failing to render aid or give information.

976

790.161(3)

1st

Discharging a destructive device which results in bodily harm or property damage.

977

794.011(5)

2nd

Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.

978

800.04(4)

2nd

Lewd or lascivious battery.

979

806.01(1)

1st

Maliciously damage dwelling or structure by fire or explosive, believing person in structure.

980

810.02(2)(a)

1st,PBL

Burglary with assault or battery.

981

810.02(2)(b)

1st,PBL

Burglary; armed with explosives or dangerous weapon.

982

810.02(2)(c)

1st

Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.

983

812.13(2)(b)

1st

Robbery with a weapon.

984

812.135(2)

1st

Home-invasion robbery.

985

817.568(6)

2nd

Fraudulent use of personal identification information of an individual under the age of 18.

986

825.102(2)

2nd

Aggravated abuse of an elderly person or disabled adult.

987

825.1025(2)

2nd

Lewd or lascivious battery upon an elderly person or disabled adult.

988

825.103(2)(a)

1st

Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.

989

837.02(2)

2nd

Perjury in official proceedings relating to prosecution of a capital felony.

990

837.021(2)

2nd

Making contradictory statements in official proceedings relating to prosecution of a capital felony.

991

860.121(2)(c)

1st

Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.

992

860.16

1st

Aircraft piracy.

993

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).

994

893.13(2)(b)

1st

Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

995

893.13(6)(c)

1st

Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

996

893.135(1)(a)2.

1st

Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.

997

893.135(1)(b)1.b.

1st

Trafficking in cocaine, more than 200 grams, less than 400 grams.

998

893.135(1)(c)1.b.

1st

Trafficking in illegal drugs, more than 14 grams, less than 28 grams.

999

893.135(1)(d)1.b.

1st

Trafficking in phencyclidine, more than 200 grams, less than 400 grams.

1000

893.135(1)(e)1.b.

1st

Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.

1001

893.135(1)(f)1.b.

1st

Trafficking in amphetamine, more than 28 grams, less than 200 grams.

1002

893.135(1)(g)1.b.

1st

Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.

1003

893.135(1)(h)1.b.

1st

Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.

1004

893.135(1)(j)1.b.

1st

Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.

1005

893.135(1)(k)2.b.

1st

Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.

1006

895.03(1)

1st

Use or invest proceeds derived from pattern of racketeering activity.

1007

895.03(2)

1st

Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.

1008

895.03(3)

1st

Conduct or participate in any enterprise through pattern of racketeering activity.

1009

896.101(5)(b)

2nd

Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.

1010

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.

1011

(i) LEVEL 9

1012

316.193(3)(c)3.b.

1st

DUI manslaughter; failing to render aid or give information.

1013

327.35(3)(c)3.b.

1st

BUI manslaughter; failing to render aid or give information.

1014

499.0053

1st

Sale or purchase of contraband legend drugs resulting in great bodily harm.

1015

560.123(8)(b)3.

1st

Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.

1016

560.125(5)(c)

1st

Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.

1017

655.50(10)(b)3.

1st

Failure to report financial transactions totaling or exceeding $100,000 by financial institution.

1018

775.0844

1st

Aggravated white collar crime.

1019

782.04(1)

1st

Attempt, conspire, or solicit to commit premeditated murder.

1020

782.04(3)

1st,PBL

Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.

1021

782.051(1)

1st

Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).

1022

782.07(2)

1st

Aggravated manslaughter of an elderly person or disabled adult.

1023

787.01(1)(a)1.

1st,PBL

Kidnapping; hold for ransom or reward or as a shield or hostage.

1024

787.01(1)(a)2.

1st,PBL

Kidnapping with intent to commit or facilitate commission of any felony.

1025

787.01(1)(a)4.

1st,PBL

Kidnapping with intent to interfere with performance of any governmental or political function.

1026

787.02(3)(a)

1st

False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.

1027

790.161

1st

Attempted capital destructive device offense.

1028

790.166(2)

1st,PBL

Possessing, selling, using, or attempting to use a weapon of mass destruction.

1029

794.011(2)

1st

Attempted sexual battery; victim less than 12 years of age.

1030

794.011(2)

Life

Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.

1031

794.011(4)

1st

Sexual battery; victim 12 years or older, certain circumstances.

1032

794.011(8)(b)

1st

Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.

1033

800.04(5)(b)

1st

Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.

1034

812.13(2)(a)

1st,PBL

Robbery with firearm or other deadly weapon.

1035

812.133(2)(a)

1st,PBL

Carjacking; firearm or other deadly weapon.

1036

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.

1037

827.03(2)

1st

Aggravated child abuse.

1038

847.0145(1)

1st

Selling, or otherwise transferring custody or control, of a minor.

1039

847.0145(2)

1st

Purchasing, or otherwise obtaining custody or control, of a minor.

1040

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.

1041

893.135

1st

Attempted capital trafficking offense.

1042

893.135(1)(a)3.

1st

Trafficking in cannabis, more than 10,000 lbs.

1043

893.135(1)(b)1.c.

1st

Trafficking in cocaine, more than 400 grams, less than 150 kilograms.

1044

893.135(1)(c)1.c.

1st

Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.

1045

893.135(1)(d)1.c.

1st

Trafficking in phencyclidine, more than 400 grams.

1046

893.135(1)(e)1.c.

1st

Trafficking in methaqualone, more than 25 kilograms.

1047

893.135(1)(f)1.c.

1st

Trafficking in amphetamine, more than 200 grams.

1048

893.135(1)(h)1.c.

1st

Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.

1049

893.135(1)(j)1.c.

1st

Trafficking in 1,4-Butanediol, 10 kilograms or more.

1050

893.135(1)(k)2.c.

1st

Trafficking in Phenethylamines, 400 grams or more.

1051

896.101(5)(c)

1st

Money laundering, financial instruments totaling or exceeding $100,000.

1052

896.104(4)(a)3.

1st

Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.

1053

1054

Section 17. For the purpose of incorporating the amendment

1055

to section 893.135, Florida Statutes, in references thereto,

1056

subsection (1) of section 921.0024, Florida Statutes, is

1057

reenacted to read:

1058

921.0024 Criminal Punishment Code; worksheet computations;

1059

scoresheets.--

1060

(1)(a) The Criminal Punishment Code worksheet is used to

1061

compute the subtotal and total sentence points as follows:

1062

1063

FLORIDA CRIMINAL PUNISHMENT CODE

1064

WORKSHEET

1065

1066

OFFENSE SCORE

1067

1068

Primary Offense

Primary OffenseLevel

Sentence Points

Total

1069

1070

1071

116

_____

1072

_____

1073

_____

1074

_____

1075

_____

1076

_____

1077

_____

1078

_____

1079

_____

1080

_____

1081

1082

Total

1083

1084

1085

Additional Offenses

Additional OffensesLevel

Sentence Points

Counts

Total

1086

1087

1088

_____

1089

_____

1090

_____

1091

_____

1092

_____

1093

5.4

_____

1094

3.6

_____

1095

2.4

_____

1096

1.2

_____

1097

0.7

_____

1098

0.2

_____

1099

1100

Total

1101

1102

1103

Victim Injury

Victim InjuryLevel

Sentence Points

Number

Total

1104

1105

1106

2nd degree murder- death

240

_____

1107

Death

120

_____

1108

Severe

_____

1109

Moderate

_____

1110

Slight

_____

1111

Sexual Penetration

_____

1112

Sexual contact

_____

1113

1114

Total

1115

1116

1117

Primary Offense + Additional Offenses + Victim Injury =

1118

TOTAL OFFENSE SCORE

1119

1120

PRIOR RECORD SCORE

1121

1122

Prior Record

Prior RecordLevel

Sentence Points

Number

Total

1123

1124

1125

_____

1126

_____

1127

_____

1128

_____

1129

_____

1130

3.6

_____

1131

2.4

_____

1132

1.6

_____

1133

0.8

_____

1134

0.5

_____

1135

0.2

_____

1136

1137

Total

1138

1139

1140

TOTAL OFFENSE SCORE

1141

TOTAL PRIOR RECORD SCORE

1142

1143

LEGAL STATUS

1144

COMMUNITY SANCTION VIOLATION

1145

PRIOR SERIOUS FELONY

1146

PRIOR CAPITAL FELONY

1147

FIREARM OR SEMIAUTOMATIC WEAPON

1148

SUBTOTAL__________

1149

1150

PRISON RELEASEE REOFFENDER (no)(yes)

1151

VIOLENT CAREER CRIMINAL (no)(yes)

1152

HABITUAL VIOLENT OFFENDER (no)(yes)

1153

HABITUAL OFFENDER (no)(yes)

1154

DRUG TRAFFICKER (no)(yes) (x multiplier)

1155

LAW ENF. PROTECT. (no)(yes) (x multiplier)

1156

MOTOR VEHICLE THEFT (no)(yes) (x multiplier)

1157

CRIMINAL STREET GANG OFFENSE (no)(yes) (x multiplier)

1158

DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)

1159

(x multiplier)

1160

1161

TOTAL SENTENCE POINTS__________

1162

1163

(b) WORKSHEET KEY:

1164

1165

Legal status points are assessed when any form of legal status

1166

existed at the time the offender committed an offense before the

1167

court for sentencing. Four (4) sentence points are assessed for

1168

an offender's legal status.

1169

1170

Community sanction violation points are assessed when a

1171

community sanction violation is before the court for sentencing.

1172

Six (6) sentence points are assessed for each community sanction

1173

violation, and each successive community sanction violation;

1174

however, if the community sanction violation includes a new

1175

felony conviction before the sentencing court, twelve (12)

1176

community sanction violation points are assessed for such

1177

violation, and for each successive community sanction violation

1178

involving a new felony conviction. Multiple counts of community

1179

sanction violations before the sentencing court shall not be a

1180

basis for multiplying the assessment of community sanction

1181

violation points.

1182

1183

Prior serious felony points: If the offender has a primary

1184

offense or any additional offense ranked in level 8, level 9, or

1185

level 10, and one or more prior serious felonies, a single

1186

assessment of 30 points shall be added. For purposes of this

1187

section, a prior serious felony is an offense in the offender's

1188

prior record that is ranked in level 8, level 9, or level 10

1189

under s. 921.0022 or s. 921.0023 and for which the offender is

1190

serving a sentence of confinement, supervision, or other

1191

sanction or for which the offender's date of release from

1192

confinement, supervision, or other sanction, whichever is later,

1193

is within 3 years before the date the primary offense or any

1194

additional offense was committed.

1195

1196

Prior capital felony points: If the offender has one or more

1197

prior capital felonies in the offender's criminal record, points

1198

shall be added to the subtotal sentence points of the offender

1199

equal to twice the number of points the offender receives for

1200

the primary offense and any additional offense. A prior capital

1201

felony in the offender's criminal record is a previous capital

1202

felony offense for which the offender has entered a plea of nolo

1203

contendere or guilty or has been found guilty; or a felony in

1204

another jurisdiction which is a capital felony in that

1205

jurisdiction, or would be a capital felony if the offense were

1206

committed in this state.

1207

1208

Possession of a firearm, semiautomatic firearm, or machine gun:

1209

If the offender is convicted of committing or attempting to

1210

commit any felony other than those enumerated in s. 775.087(2)

1211

while having in his or her possession: a firearm as defined in

1212

s. 790.001(6), an additional 18 sentence points are assessed; or

1213

if the offender is convicted of committing or attempting to

1214

commit any felony other than those enumerated in s. 775.087(3)

1215

while having in his or her possession a semiautomatic firearm as

1216

defined in s. 775.087(3) or a machine gun as defined in s.

1217

790.001(9), an additional 25 sentence points are assessed.

1218

1219

Sentencing multipliers:

1220

1221

Drug trafficking: If the primary offense is drug trafficking

1222

under s. 893.135, the subtotal sentence points are multiplied,

1223

at the discretion of the court, for a level 7 or level 8

1224

offense, by 1.5. The state attorney may move the sentencing

1225

court to reduce or suspend the sentence of a person convicted of

1226

a level 7 or level 8 offense, if the offender provides

1227

substantial assistance as described in s. 893.135(4).

1228

1229

Law enforcement protection: If the primary offense is a

1230

violation of the Law Enforcement Protection Act under s.

1231

775.0823(2), the subtotal sentence points are multiplied by 2.5.

1232

If the primary offense is a violation of s. 775.0823(3), (4),

1233

(5), (6), (7), or (8), the subtotal sentence points are

1234

multiplied by 2.0. If the primary offense is a violation of s.

1235

784.07(3) or s. 775.0875(1), or of the Law Enforcement

1236

Protection Act under s. 775.0823(9) or (10), the subtotal

1237

sentence points are multiplied by 1.5.

1238

1239

Grand theft of a motor vehicle: If the primary offense is grand

1240

theft of the third degree involving a motor vehicle and in the

1241

offender's prior record, there are three or more grand thefts of

1242

the third degree involving a motor vehicle, the subtotal

1243

sentence points are multiplied by 1.5.

1244

1245

Offense related to a criminal street gang: If the offender is

1246

convicted of the primary offense and committed that offense for

1247

the purpose of benefiting, promoting, or furthering the

1248

interests of a criminal street gang as prohibited under s.

1249

874.04, the subtotal sentence points are multiplied by 1.5.

1250

1251

Domestic violence in the presence of a child: If the offender is

1252

convicted of the primary offense and the primary offense is a

1253

crime of domestic violence, as defined in s. 741.28, which was

1254

committed in the presence of a child under 16 years of age who

1255

is a family household member as defined in s. 741.28(2) with the

1256

victim or perpetrator, the subtotal sentence points are

1257

multiplied by 1.5.

1258

Section 18. For the purpose of incorporating the amendment

1259

to section 893.135, Florida Statutes, in a reference thereto,

1260

subsection (2) of section 921.142, Florida Statutes, is

1261

reenacted to read:

1262

921.142 Sentence of death or life imprisonment for capital

1263

drug trafficking felonies; further proceedings to determine

1264

sentence.--

1265

(2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--Upon

1266

conviction or adjudication of guilt of a defendant of a capital

1267

felony under s. 893.135, the court shall conduct a separate

1268

sentencing proceeding to determine whether the defendant should

1269

be sentenced to death or life imprisonment as authorized by s.

1270

775.082. The proceeding shall be conducted by the trial judge

1271

before the trial jury as soon as practicable. If, through

1272

impossibility or inability, the trial jury is unable to

1273

reconvene for a hearing on the issue of penalty, having

1274

determined the guilt of the accused, the trial judge may summon

1275

a special juror or jurors as provided in chapter 913 to

1276

determine the issue of the imposition of the penalty. If the

1277

trial jury has been waived, or if the defendant pleaded guilty,

1278

the sentencing proceeding shall be conducted before a jury

1279

impaneled for that purpose, unless waived by the defendant. In

1280

the proceeding, evidence may be presented as to any matter that

1281

the court deems relevant to the nature of the crime and the

1282

character of the defendant and shall include matters relating to

1283

any of the aggravating or mitigating circumstances enumerated in

1284

subsections (6) and (7). Any such evidence which the court deems

1285

to have probative value may be received, regardless of its

1286

admissibility under the exclusionary rules of evidence, provided

1287

the defendant is accorded a fair opportunity to rebut any

1288

hearsay statements. However, this subsection shall not be

1289

construed to authorize the introduction of any evidence secured

1290

in violation of the Constitution of the United States or the

1291

Constitution of the State of Florida. The state and the

1292

defendant or the defendant's counsel shall be permitted to

1293

present argument for or against sentence of death.

1294

Section 19. For the purpose of incorporating the amendment

1295

to section 893.13, Florida Statutes, in references thereto,

1296

subsection (1) of section 921.187, Florida Statutes, is

1297

reenacted to read:

1298

921.187 Disposition and sentencing; alternatives;

1299

restitution.--

1300

(1) The alternatives provided in this section for the

1301

disposition of criminal cases shall be used in a manner that

1302

will best serve the needs of society, punish criminal offenders,

1303

and provide the opportunity for rehabilitation.

1304

(a) If the offender does not receive a state prison

1305

sentence, the court may:

1306

1. Impose a split sentence whereby the offender is to be

1307

placed on probation upon completion of any specified period of

1308

such sentence, which period may include a term of years or less.

1309

2. Make any other disposition that is authorized by law.

1310

3. Place the offender on probation with or without an

1311

adjudication of guilt pursuant to s. 948.01.

1312

4. Impose a fine and probation pursuant to s. 948.011 when

1313

the offense is punishable by both a fine and imprisonment and

1314

probation is authorized.

1315

5. Place the offender into community control requiring

1316

intensive supervision and surveillance pursuant to chapter 948.

1317

6. Impose, as a condition of probation or community

1318

control, a period of treatment which shall be restricted to a

1319

county facility, a Department of Corrections probation and

1320

restitution center, a probation program drug punishment

1321

treatment community, or a community residential or

1322

nonresidential facility, excluding a community correctional

1323

center as defined in s. 944.026, which is owned and operated by

1324

any qualified public or private entity providing such services.

1325

Before admission to such a facility, the court shall obtain an

1326

individual assessment and recommendations on the appropriate

1327

treatment needs, which shall be considered by the court in

1328

ordering such placements. Placement in such a facility, except

1329

for a county residential probation facility, may not exceed 364

1330

days. Placement in a county residential probation facility may

1331

not exceed 3 years. Early termination of placement may be

1332

recommended to the court, when appropriate, by the center

1333

supervisor, the supervising probation officer, or the probation

1334

program manager.

1335

7. Sentence the offender pursuant to s. 922.051 to

1336

imprisonment in a county jail when a statute directs

1337

imprisonment in a state prison, if the offender's cumulative

1338

sentence, whether from the same circuit or from separate

1339

circuits, is not more than 364 days.

1340

8. Sentence the offender who is to be punished by

1341

imprisonment in a county jail to a jail in another county if

1342

there is no jail within the county suitable for such prisoner

1343

pursuant to s. 950.01.

1344

9. Require the offender to participate in a work-release

1345

or educational or technical training program pursuant to s.

1346

951.24 while serving a sentence in a county jail, if such a

1347

program is available.

1348

10. Require the offender to perform a specified public

1349

service pursuant to s. 775.091.

1350

11. Require the offender who violates chapter 893 or

1351

violates any law while under the influence of a controlled

1352

substance or alcohol to participate in a substance abuse

1353

program.

1354

12.a. Require the offender who violates any criminal

1355

provision of chapter 893 to pay an additional assessment in an

1356

amount up to the amount of any fine imposed, pursuant to ss.

1357

938.21 and 938.23.

1358

b. Require the offender who violates any provision of s.

1359

893.13 to pay an additional assessment in an amount of $100,

1360

pursuant to ss. 938.25 and 943.361.

1361

13. Impose a split sentence whereby the offender is to be

1362

placed in a county jail or county work camp upon the completion

1363

of any specified term of community supervision.

1364

14. Impose split probation whereby upon satisfactory

1365

completion of half the term of probation, the Department of

1366

Corrections may place the offender on administrative probation

1367

pursuant to s. 948.01 for the remainder of the term of

1368

supervision.

1369

15. Require residence in a state probation and restitution

1370

center or private drug treatment program for offenders on

1371

community control or offenders who have violated conditions of

1372

probation.

1373

16. Impose any other sanction which is provided within the

1374

community and approved as an intermediate sanction by the county

1375

public safety coordinating council as described in s. 951.26.

1376

17. Impose, as a condition of community control,

1377

probation, or probation following incarceration, a requirement

1378

that an offender who has not obtained a high school diploma or

1379

high school equivalency diploma or who lacks basic or functional

1380

literacy skills, upon acceptance by an adult education program,

1381

make a good faith effort toward completion of such basic or

1382

functional literacy skills or high school equivalency diploma,

1383

as defined in s. 1003.435, in accordance with the assessed adult

1384

general education needs of the individual offender.

1385

(b)1. Notwithstanding any provision of former s. 921.001

1386

or s. 921.002 to the contrary, on or after October 1, 1993, the

1387

court may require any defendant who violates s. 893.13(1)(a)1.,

1388

(1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and meets the criteria

1389

described in s. 893.13(10), to successfully complete a term of

1390

probation pursuant to the terms and conditions set forth in s.

1391

948.034(1), in lieu of serving a term of imprisonment.

1392

2. Notwithstanding any provision of former s. 921.001 or

1393

s. 921.002 to the contrary, on or after October 1, 1993, the

1394

court may require any defendant who violates s. 893.13(1)(a)2.,

1395

(2)(a)2., (5)(b), or (6)(a), and meets the criteria described in

1396

s. 893.13(11), to successfully complete a term of probation

1397

pursuant to the terms and conditions set forth in s. 948.034(2),

1398

in lieu of serving a term of imprisonment.

1399

Section 20. For the purpose of incorporating the amendment

1400

to section 893.13, Florida Statutes, in a reference thereto,

1401

section 938.25, Florida Statutes, is reenacted to read:

1402

938.25 Operating Trust Fund of the Department of Law

1403

Enforcement.--Notwithstanding any provision to the contrary of

1404

the laws of this state, the court may assess any defendant who

1405

pleads guilty or nolo contendere to, or is convicted of, a

1406

violation of any provision of s. 893.13, without regard to

1407

whether adjudication was withheld, in addition to any fine and

1408

other penalty provided or authorized by law, an amount of $100,

1409

to be paid to the clerk of the court, who shall forward it to

1410

the Department of Revenue for deposit in the Operating Trust

1411

Fund of the Department of Law Enforcement to be used by the

1412

statewide criminal analysis laboratory system for the purposes

1413

specified in s. 943.361. The court is authorized to order a

1414

defendant to pay an additional assessment if it finds that the

1415

defendant has the ability to pay the fine and the additional

1416

assessment and will not be prevented thereby from being

1417

rehabilitated or from making restitution.

1418

Section 21. For the purpose of incorporating the amendment

1419

to section 893.135, Florida Statutes, in references thereto,

1420

section 943.0585, Florida Statutes, is reenacted to read:

1421

943.0585 Court-ordered expunction of criminal history

1422

records.--The courts of this state have jurisdiction over their

1423

own procedures, including the maintenance, expunction, and

1424

correction of judicial records containing criminal history

1425

information to the extent such procedures are not inconsistent

1426

with the conditions, responsibilities, and duties established by

1427

this section. Any court of competent jurisdiction may order a

1428

criminal justice agency to expunge the criminal history record

1429

of a minor or an adult who complies with the requirements of

1430

this section. The court shall not order a criminal justice

1431

agency to expunge a criminal history record until the person

1432

seeking to expunge a criminal history record has applied for and

1433

received a certificate of eligibility for expunction pursuant to

1434

subsection (2). A criminal history record that relates to a

1435

violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.

1436

817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.

1437

847.0135, s. 847.0145, s. 893.135, or a violation enumerated in

1438

s. 907.041 may not be expunged, without regard to whether

1439

adjudication was withheld, if the defendant was found guilty of

1440

or pled guilty or nolo contendere to the offense, or if the

1441

defendant, as a minor, was found to have committed, or pled

1442

guilty or nolo contendere to committing, the offense as a

1443

delinquent act. The court may only order expunction of a

1444

criminal history record pertaining to one arrest or one incident

1445

of alleged criminal activity, except as provided in this

1446

section. The court may, at its sole discretion, order the

1447

expunction of a criminal history record pertaining to more than

1448

one arrest if the additional arrests directly relate to the

1449

original arrest. If the court intends to order the expunction of

1450

records pertaining to such additional arrests, such intent must

1451

be specified in the order. A criminal justice agency may not

1452

expunge any record pertaining to such additional arrests if the

1453

order to expunge does not articulate the intention of the court

1454

to expunge a record pertaining to more than one arrest. This

1455

section does not prevent the court from ordering the expunction

1456

of only a portion of a criminal history record pertaining to one

1457

arrest or one incident of alleged criminal activity.

1458

Notwithstanding any law to the contrary, a criminal justice

1459

agency may comply with laws, court orders, and official requests

1460

of other jurisdictions relating to expunction, correction, or

1461

confidential handling of criminal history records or information

1462

derived therefrom. This section does not confer any right to the

1463

expunction of any criminal history record, and any request for

1464

expunction of a criminal history record may be denied at the

1465

sole discretion of the court.

1466

(1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each

1467

petition to a court to expunge a criminal history record is

1468

complete only when accompanied by:

1469

(a) A certificate of eligibility for expunction issued by

1470

the department pursuant to subsection (2).

1471

(b) The petitioner's sworn statement attesting that the

1472

petitioner:

1473

1. Has never, prior to the date on which the petition is

1474

filed, been adjudicated guilty of a criminal offense or

1475

comparable ordinance violation or adjudicated delinquent for

1476

committing a felony or a misdemeanor specified in s.

1477

943.051(3)(b).

1478

2. Has not been adjudicated guilty of, or adjudicated

1479

delinquent for committing, any of the acts stemming from the

1480

arrest or alleged criminal activity to which the petition

1481

pertains.

1482

3. Has never secured a prior sealing or expunction of a

1483

criminal history record under this section, former s. 893.14,

1484

former s. 901.33, or former s. 943.058, or from any jurisdiction

1485

outside the state.

1486

4. Is eligible for such an expunction to the best of his

1487

or her knowledge or belief and does not have any other petition

1488

to expunge or any petition to seal pending before any court.

1489

1490

Any person who knowingly provides false information on such

1491

sworn statement to the court commits a felony of the third

1492

degree, punishable as provided in s. 775.082, s. 775.083, or s.

1493

775.084.

1494

(2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to

1495

petitioning the court to expunge a criminal history record, a

1496

person seeking to expunge a criminal history record shall apply

1497

to the department for a certificate of eligibility for

1498

expunction. The department shall, by rule adopted pursuant to

1499

chapter 120, establish procedures pertaining to the application

1500

for and issuance of certificates of eligibility for expunction.

1501

The department shall issue a certificate of eligibility for

1502

expunction to a person who is the subject of a criminal history

1503

record if that person:

1504

(a) Has obtained, and submitted to the department, a

1505

written, certified statement from the appropriate state attorney

1506

or statewide prosecutor which indicates:

1507

1. That an indictment, information, or other charging

1508

document was not filed or issued in the case.

1509

2. That an indictment, information, or other charging

1510

document, if filed or issued in the case, was dismissed or nolle

1511

prosequi by the state attorney or statewide prosecutor, or was

1512

dismissed by a court of competent jurisdiction.

1513

3. That the criminal history record does not relate to a

1514

violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.

1515

817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.

1516

847.0135, s. 847.0145, s. 893.135, or a violation enumerated in

1517

s. 907.041, where the defendant was found guilty of, or pled

1518

guilty or nolo contendere to any such offense, or that the

1519

defendant, as a minor, was found to have committed, or pled

1520

guilty or nolo contendere to committing, such an offense as a

1521

delinquent act, without regard to whether adjudication was

1522

withheld.

1523

(b) Remits a $75 processing fee to the department for

1524

placement in the Department of Law Enforcement Operating Trust

1525

Fund, unless such fee is waived by the executive director.

1526

1527

the disposition of the charge to which the petition to expunge

1528

pertains.

1529

(d) Has never, prior to the date on which the application

1530

for a certificate of eligibility is filed, been adjudicated

1531

guilty of a criminal offense or comparable ordinance violation

1532

or adjudicated delinquent for committing a felony or a

1533

misdemeanor specified in s. 943.051(3)(b).

1534

(e) Has not been adjudicated guilty of, or adjudicated

1535

delinquent for committing, any of the acts stemming from the

1536

arrest or alleged criminal activity to which the petition to

1537

expunge pertains.

1538

(f) Has never secured a prior sealing or expunction of a

1539

criminal history record under this section, former s. 893.14,

1540

former s. 901.33, or former s. 943.058.

1541

(g) Is no longer under court supervision applicable to the

1542

disposition of the arrest or alleged criminal activity to which

1543

the petition to expunge pertains.

1544

(h) Is not required to wait a minimum of 10 years prior to

1545

being eligible for an expunction of such records because all

1546

charges related to the arrest or criminal activity to which the

1547

petition to expunge pertains were dismissed prior to trial,

1548

adjudication, or the withholding of adjudication. Otherwise,

1549

such criminal history record must be sealed under this section,

1550

former s. 893.14, former s. 901.33, or former s. 943.058 for at

1551

least 10 years before such record is eligible for expunction.

1552

(3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--

1553

(a) In judicial proceedings under this section, a copy of

1554

the completed petition to expunge shall be served upon the

1555

appropriate state attorney or the statewide prosecutor and upon

1556

the arresting agency; however, it is not necessary to make any

1557

agency other than the state a party. The appropriate state

1558

attorney or the statewide prosecutor and the arresting agency

1559

may respond to the court regarding the completed petition to

1560

expunge.

1561

(b) If relief is granted by the court, the clerk of the

1562

court shall certify copies of the order to the appropriate state

1563

attorney or the statewide prosecutor and the arresting agency.

1564

The arresting agency is responsible for forwarding the order to

1565

any other agency to which the arresting agency disseminated the

1566

criminal history record information to which the order pertains.

1567

The department shall forward the order to expunge to the Federal

1568

Bureau of Investigation. The clerk of the court shall certify a

1569

copy of the order to any other agency which the records of the

1570

court reflect has received the criminal history record from the

1571

court.

1572

1573

July 1, 1992, the department shall notify the appropriate state

1574

attorney or statewide prosecutor of an order to expunge which is

1575

contrary to law because the person who is the subject of the

1576

record has previously been convicted of a crime or comparable

1577

ordinance violation or has had a prior criminal history record

1578

sealed or expunged. Upon receipt of such notice, the appropriate

1579

state attorney or statewide prosecutor shall take action, within

1580

60 days, to correct the record and petition the court to void

1581

the order to expunge. The department shall seal the record until

1582

such time as the order is voided by the court.

1583

(d) On or after July 1, 1992, the department or any other

1584

criminal justice agency is not required to act on an order to

1585

expunge entered by a court when such order does not comply with

1586

the requirements of this section. Upon receipt of such an order,

1587

the department must notify the issuing court, the appropriate

1588

state attorney or statewide prosecutor, the petitioner or the

1589

petitioner's attorney, and the arresting agency of the reason

1590

for noncompliance. The appropriate state attorney or statewide

1591

prosecutor shall take action within 60 days to correct the

1592

record and petition the court to void the order. No cause of

1593

action, including contempt of court, shall arise against any

1594

criminal justice agency for failure to comply with an order to

1595

expunge when the petitioner for such order failed to obtain the

1596

certificate of eligibility as required by this section or such

1597

order does not otherwise comply with the requirements of this

1598

section.

1599

(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

1600

criminal history record of a minor or an adult which is ordered

1601

expunged by a court of competent jurisdiction pursuant to this

1602

section must be physically destroyed or obliterated by any

1603

criminal justice agency having custody of such record; except

1604

that any criminal history record in the custody of the

1605

department must be retained in all cases. A criminal history

1606

record ordered expunged that is retained by the department is

1607

confidential and exempt from the provisions of s. 119.07(1) and

1608

s. 24(a), Art. I of the State Constitution and not available to

1609

any person or entity except upon order of a court of competent

1610

jurisdiction. A criminal justice agency may retain a notation

1611

indicating compliance with an order to expunge.

1612

(a) The person who is the subject of a criminal history

1613

record that is expunged under this section or under other

1614

provisions of law, including former s. 893.14, former s. 901.33,

1615

and former s. 943.058, may lawfully deny or fail to acknowledge

1616

the arrests covered by the expunged record, except when the

1617

subject of the record:

1618

1. Is a candidate for employment with a criminal justice

1619

agency;

1620

2. Is a defendant in a criminal prosecution;

1621

3. Concurrently or subsequently petitions for relief under

1622

this section or s. 943.059;

1623

4. Is a candidate for admission to The Florida Bar;

1624

5. Is seeking to be employed or licensed by or to contract

1625

with the Department of Children and Family Services or the

1626

Department of Juvenile Justice or to be employed or used by such

1627

contractor or licensee in a sensitive position having direct

1628

contact with children, the developmentally disabled, the aged,

1629

or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.

1630

394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.

1631

409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or

1632

6. Is seeking to be employed or licensed by the Office of

1633

Teacher Education, Certification, Staff Development, and

1634

Professional Practices of the Department of Education, any

1635

district school board, or any local governmental entity that

1636

licenses child care facilities.

1637

(b) Subject to the exceptions in paragraph (a), a person

1638

who has been granted an expunction under this section, former s.

1639

893.14, former s. 901.33, or former s. 943.058 may not be held

1640

under any provision of law of this state to commit perjury or to

1641

be otherwise liable for giving a false statement by reason of

1642

such person's failure to recite or acknowledge an expunged

1643

criminal history record.

1644

1645

criminal history record which is provided in accordance with

1646

paragraph (a) is confidential and exempt from the provisions of

1647

s. 119.07(1) and s. 24(a), Art. I of the State Constitution,

1648

except that the department shall disclose the existence of a

1649

criminal history record ordered expunged to the entities set

1650

forth in subparagraphs (a)1., 4., 5., and 6. for their

1651

respective licensing and employment purposes, and to criminal

1652

justice agencies for their respective criminal justice purposes.

1653

It is unlawful for any employee of an entity set forth in

1654

subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or

1655

subparagraph (a)6. to disclose information relating to the

1656

existence of an expunged criminal history record of a person

1657

seeking employment or licensure with such entity or contractor,

1658

except to the person to whom the criminal history record relates

1659

or to persons having direct responsibility for employment or

1660

licensure decisions. Any person who violates this paragraph

1661

commits a misdemeanor of the first degree, punishable as

1662

provided in s. 775.082 or s. 775.083.

1663

(5) STATUTORY REFERENCES.--Any reference to any other

1664

chapter, section, or subdivision of the Florida Statutes in this

1665

section constitutes a general reference under the doctrine of

1666

incorporation by reference.

1667

Section 22. For the purpose of incorporating the amendment

1668

to section 893.135, Florida Statutes, in references thereto,

1669

Section 943.059, Florida Statutes, is reenacted to read:

1670

943.059 Court-ordered sealing of criminal history

1671

records.--The courts of this state shall continue to have

1672

jurisdiction over their own procedures, including the

1673

maintenance, sealing, and correction of judicial records

1674

containing criminal history information to the extent such

1675

procedures are not inconsistent with the conditions,

1676

responsibilities, and duties established by this section. Any

1677

court of competent jurisdiction may order a criminal justice

1678

agency to seal the criminal history record of a minor or an

1679

adult who complies with the requirements of this section. The

1680

court shall not order a criminal justice agency to seal a

1681

criminal history record until the person seeking to seal a

1682

criminal history record has applied for and received a

1683

certificate of eligibility for sealing pursuant to subsection

1684

(2). A criminal history record that relates to a violation of s.

1685

787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.

1686

825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.

1687

847.0145, s. 893.135, or a violation enumerated in s. 907.041

1688

may not be sealed, without regard to whether adjudication was

1689

withheld, if the defendant was found guilty of or pled guilty or

1690

nolo contendere to the offense, or if the defendant, as a minor,

1691

was found to have committed or pled guilty or nolo contendere to

1692

committing the offense as a delinquent act. The court may only

1693

order sealing of a criminal history record pertaining to one

1694

arrest or one incident of alleged criminal activity, except as

1695

provided in this section. The court may, at its sole discretion,

1696

order the sealing of a criminal history record pertaining to

1697

more than one arrest if the additional arrests directly relate

1698

to the original arrest. If the court intends to order the

1699

sealing of records pertaining to such additional arrests, such

1700

intent must be specified in the order. A criminal justice agency

1701

may not seal any record pertaining to such additional arrests if

1702

the order to seal does not articulate the intention of the court

1703

to seal records pertaining to more than one arrest. This section

1704

does not prevent the court from ordering the sealing of only a

1705

portion of a criminal history record pertaining to one arrest or

1706

one incident of alleged criminal activity. Notwithstanding any

1707

law to the contrary, a criminal justice agency may comply with

1708

laws, court orders, and official requests of other jurisdictions

1709

relating to sealing, correction, or confidential handling of

1710

criminal history records or information derived therefrom. This

1711

section does not confer any right to the sealing of any criminal

1712

history record, and any request for sealing a criminal history

1713

record may be denied at the sole discretion of the court.

1714

(1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each

1715

petition to a court to seal a criminal history record is

1716

complete only when accompanied by:

1717

(a) A certificate of eligibility for sealing issued by the

1718

department pursuant to subsection (2).

1719

(b) The petitioner's sworn statement attesting that the

1720

petitioner:

1721

1. Has never, prior to the date on which the petition is

1722

filed, been adjudicated guilty of a criminal offense or

1723

comparable ordinance violation or adjudicated delinquent for

1724

committing a felony or a misdemeanor specified in s.

1725

943.051(3)(b).

1726

2. Has not been adjudicated guilty of or adjudicated

1727

delinquent for committing any of the acts stemming from the

1728

arrest or alleged criminal activity to which the petition to

1729

seal pertains.

1730

3. Has never secured a prior sealing or expunction of a

1731

criminal history record under this section, former s. 893.14,

1732

former s. 901.33, former s. 943.058, or from any jurisdiction

1733

outside the state.

1734

4. Is eligible for such a sealing to the best of his or

1735

her knowledge or belief and does not have any other petition to

1736

seal or any petition to expunge pending before any court.

1737

1738

Any person who knowingly provides false information on such

1739

sworn statement to the court commits a felony of the third

1740

degree, punishable as provided in s. 775.082, s. 775.083, or s.

1741

775.084.

1742

(2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to

1743

petitioning the court to seal a criminal history record, a

1744

person seeking to seal a criminal history record shall apply to

1745

the department for a certificate of eligibility for sealing. The

1746

department shall, by rule adopted pursuant to chapter 120,

1747

establish procedures pertaining to the application for and

1748

issuance of certificates of eligibility for sealing. The

1749

department shall issue a certificate of eligibility for sealing

1750

to a person who is the subject of a criminal history record

1751

provided that such person:

1752

(a) Has submitted to the department a certified copy of

1753

the disposition of the charge to which the petition to seal

1754

pertains.

1755

(b) Remits a $75 processing fee to the department for

1756

placement in the Department of Law Enforcement Operating Trust

1757

Fund, unless such fee is waived by the executive director.

1758

1759

for a certificate of eligibility is filed, been adjudicated

1760

guilty of a criminal offense or comparable ordinance violation

1761

or adjudicated delinquent for committing a felony or a

1762

misdemeanor specified in s. 943.051(3)(b).

1763

(d) Has not been adjudicated guilty of or adjudicated

1764

delinquent for committing any of the acts stemming from the

1765

arrest or alleged criminal activity to which the petition to

1766

seal pertains.

1767

(e) Has never secured a prior sealing or expunction of a

1768

criminal history record under this section, former s. 893.14,

1769

former s. 901.33, or former s. 943.058.

1770

(f) Is no longer under court supervision applicable to the

1771

disposition of the arrest or alleged criminal activity to which

1772

the petition to seal pertains.

1773

(3) PROCESSING OF A PETITION OR ORDER TO SEAL.--

1774

(a) In judicial proceedings under this section, a copy of

1775

the completed petition to seal shall be served upon the

1776

appropriate state attorney or the statewide prosecutor and upon

1777

the arresting agency; however, it is not necessary to make any

1778

agency other than the state a party. The appropriate state

1779

attorney or the statewide prosecutor and the arresting agency

1780

may respond to the court regarding the completed petition to

1781

seal.

1782

(b) If relief is granted by the court, the clerk of the

1783

court shall certify copies of the order to the appropriate state

1784

attorney or the statewide prosecutor and to the arresting

1785

agency. The arresting agency is responsible for forwarding the

1786

order to any other agency to which the arresting agency

1787

disseminated the criminal history record information to which

1788

the order pertains. The department shall forward the order to

1789

seal to the Federal Bureau of Investigation. The clerk of the

1790

court shall certify a copy of the order to any other agency

1791

which the records of the court reflect has received the criminal

1792

history record from the court.

1793

1794

1, 1992, the department shall notify the appropriate state

1795

attorney or statewide prosecutor of any order to seal which is

1796

contrary to law because the person who is the subject of the

1797

record has previously been convicted of a crime or comparable

1798

ordinance violation or has had a prior criminal history record

1799

sealed or expunged. Upon receipt of such notice, the appropriate

1800

state attorney or statewide prosecutor shall take action, within

1801

60 days, to correct the record and petition the court to void

1802

the order to seal. The department shall seal the record until

1803

such time as the order is voided by the court.

1804

(d) On or after July 1, 1992, the department or any other

1805

criminal justice agency is not required to act on an order to

1806

seal entered by a court when such order does not comply with the

1807

requirements of this section. Upon receipt of such an order, the

1808

department must notify the issuing court, the appropriate state

1809

attorney or statewide prosecutor, the petitioner or the

1810

petitioner's attorney, and the arresting agency of the reason

1811

for noncompliance. The appropriate state attorney or statewide

1812

prosecutor shall take action within 60 days to correct the

1813

record and petition the court to void the order. No cause of

1814

action, including contempt of court, shall arise against any

1815

criminal justice agency for failure to comply with an order to

1816

seal when the petitioner for such order failed to obtain the

1817

certificate of eligibility as required by this section or when

1818

such order does not comply with the requirements of this

1819

section.

1820

(e) An order sealing a criminal history record pursuant to

1821

this section does not require that such record be surrendered to

1822

the court, and such record shall continue to be maintained by

1823

the department and other criminal justice agencies.

1824

(4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal

1825

history record of a minor or an adult which is ordered sealed by

1826

a court of competent jurisdiction pursuant to this section is

1827

confidential and exempt from the provisions of s. 119.07(1) and

1828

s. 24(a), Art. I of the State Constitution and is available only

1829

to the person who is the subject of the record, to the subject's

1830

attorney, to criminal justice agencies for their respective

1831

criminal justice purposes, or to those entities set forth in

1832

subparagraphs (a)1., 4., 5., and 6. for their respective

1833

licensing and employment purposes.

1834

(a) The subject of a criminal history record sealed under

1835

this section or under other provisions of law, including former

1836

s. 893.14, former s. 901.33, and former s. 943.058, may lawfully

1837

deny or fail to acknowledge the arrests covered by the sealed

1838

record, except when the subject of the record:

1839

1. Is a candidate for employment with a criminal justice

1840

agency;

1841

2. Is a defendant in a criminal prosecution;

1842

3. Concurrently or subsequently petitions for relief under

1843

this section or s. 943.0585;

1844

4. Is a candidate for admission to The Florida Bar;

1845

5. Is seeking to be employed or licensed by or to contract

1846

with the Department of Children and Family Services or the

1847

Department of Juvenile Justice or to be employed or used by such

1848

contractor or licensee in a sensitive position having direct

1849

contact with children, the developmentally disabled, the aged,

1850

or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.

1851

394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.

1852

409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter

1853

400; or

1854

6. Is seeking to be employed or licensed by the Office of

1855

Teacher Education, Certification, Staff Development, and

1856

Professional Practices of the Department of Education, any

1857

district school board, or any local governmental entity which

1858

licenses child care facilities.

1859

(b) Subject to the exceptions in paragraph (a), a person

1860

who has been granted a sealing under this section, former s.

1861

893.14, former s. 901.33, or former s. 943.058 may not be held

1862

under any provision of law of this state to commit perjury or to

1863

be otherwise liable for giving a false statement by reason of

1864

such person's failure to recite or acknowledge a sealed criminal

1865

history record.

1866

1867

criminal record provided in accordance with the provisions of

1868

paragraph (a) is confidential and exempt from the provisions of

1869

s. 119.07(1) and s. 24(a), Art. I of the State Constitution,

1870

except that the department shall disclose the sealed criminal

1871

history record to the entities set forth in subparagraphs (a)1.,

1872

4., 5., and 6. for their respective licensing and employment

1873

purposes. It is unlawful for any employee of an entity set forth

1874

in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,

1875

or subparagraph (a)6. to disclose information relating to the

1876

existence of a sealed criminal history record of a person

1877

seeking employment or licensure with such entity or contractor,

1878

except to the person to whom the criminal history record relates

1879

or to persons having direct responsibility for employment or

1880

licensure decisions. Any person who violates the provisions of

1881

this paragraph commits a misdemeanor of the first degree,

1882

punishable as provided in s. 775.082 or s. 775.083.

1883

(5) STATUTORY REFERENCES.--Any reference to any other

1884

chapter, section, or subdivision of the Florida Statutes in this

1885

section constitutes a general reference under the doctrine of

1886

incorporation by reference.

1887

Section 23. For the purpose of incorporating the amendment

1888

to section 893.13, Florida Statutes, in references thereto,

1889

subsections (1) and (2) of section 948.034, Florida Statutes,

1890

are reenacted to read:

1891

948.034 Terms and conditions of probation; community

1892

residential drug punishment centers.--

1893

(1) On or after October 1, 1993, any person who violates

1894

s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a) may,

1895

in the discretion of the trial court, be required to

1896

successfully complete a term of probation in lieu of serving a

1897

term of imprisonment as required or authorized by s. 775.084,

1898

former s. 921.001, or s. 921.002, as follows:

1899

(a) If the person has not previously been convicted of

1900

violating s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or

1901

(5)(a), adjudication may be withheld and the offender may be

1902

placed on probation for not less than 18 months, as a condition

1903

of which the court shall require the offender to reside at a

1904

community residential drug punishment center for 90 days. The

1905

offender must comply with all rules and regulations of the

1906

center and must pay a fee for the costs of room and board and

1907

residential supervision. Placement of an offender into a

1908

community residential drug punishment center is subject to

1909

budgetary considerations and availability of bed space. If the

1910

court requires the offender to reside at a community residential

1911

drug punishment center, the court shall also require the

1912

offender to comply with one or more of the other following terms

1913

and conditions:

1914

1. Pay a fine of not less than $500 nor more than $10,000

1915

pursuant to s. 775.083(1)(c).

1916

2. Enter, regularly attend, and successfully complete a

1917

substance abuse education program of at least 40 hours or a

1918

prescribed substance abuse treatment program provided by a

1919

treatment resource licensed pursuant to chapter 397 or by a

1920

hospital licensed pursuant to chapter 395, as specified by the

1921

court. In addition, the court may refer the offender to a

1922

licensed agency for substance abuse evaluation and, if

1923

appropriate, substance abuse treatment subject to the ability of

1924

the offender to pay for such evaluation and treatment. If such

1925

referral is made, the offender must comply and must pay for the

1926

reasonable cost of the evaluation and treatment.

1927

3. Perform at least 100 hours of public service.

1928

4. Submit to routine and random drug testing which may be

1929

conducted during the probationary period, with the reasonable

1930

costs thereof borne by the offender.

1931

5. Participate, at his or her own expense, in an

1932

appropriate self-help group, such as Narcotics Anonymous,

1933

Alcoholics Anonymous, or Cocaine Anonymous, if available.

1934

(b) If the person has been previously convicted of one

1935

felony violation of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,

1936

(2)(a)1., or (5)(a), adjudication may not be withheld and the

1937

offender may be placed on probation for not less than 24 months,

1938

as a condition of which the court shall require the offender to

1939

reside at a community residential drug punishment center for 180

1940

days. The offender must comply with all rules and regulations of

1941

the center and must pay a fee for the costs of room and board

1942

and residential supervision. Placement of an offender into a

1943

community residential drug punishment center is subject to

1944

budgetary considerations and availability of bed space. If the

1945

court requires the offender to reside at a community residential

1946

drug punishment center, the court shall also require the

1947

offender to comply with one or more of the other following terms

1948

and conditions:

1949

1. Pay a fine of not less than $1,000 nor more than

1950

$10,000 pursuant to s. 775.083(1)(c).

1951

2. Enter, regularly attend, and successfully complete a

1952

substance abuse education program of at least 40 hours or a

1953

prescribed substance abuse treatment program provided by a

1954

treatment resource licensed pursuant to chapter 397 or by a

1955

hospital licensed pursuant to chapter 395, as specified by the

1956

court. In addition, the court may refer the offender to a

1957

licensed agency for substance abuse evaluation and, if

1958

appropriate, substance abuse treatment subject to the ability of

1959

the offender to pay for such evaluation and treatment. If such

1960

referral is made, the offender must comply and must pay for the

1961

reasonable cost of the evaluation and treatment.

1962

3. Perform at least 200 hours of public service.

1963

4. Submit to routine and random drug testing which may be

1964

conducted during the probationary period, with the reasonable

1965

costs thereof borne by the offender.

1966

5. Participate, at his or her own expense, in an

1967

appropriate self-help group, such as Narcotics Anonymous,

1968

Alcoholics Anonymous, or Cocaine Anonymous, if available.

1969

1970

felony violations of s. 893.13(2)(a)1. or (5)(a), adjudication

1971

may not be withheld and the offender may be placed on probation

1972

for not less than 36 months, as a condition of which the court

1973

shall require the offender to reside at a community residential

1974

drug punishment center for 360 days. The offender must comply

1975

with all rules and regulations of the center and must pay a fee

1976

for the costs of room and board and residential supervision.

1977

Placement of an offender into a community residential drug

1978

punishment center is subject to budgetary considerations and

1979

availability of bed space. If the court requires the offender to

1980

reside at a community residential drug punishment center, the

1981

court shall also require the offender to comply with one or more

1982

of the other following terms and conditions:

1983

1. Pay a fine of not less than $1,500 nor more than

1984

$10,000 pursuant to s. 775.083(1)(c).

1985

2. Enter, regularly attend, and successfully complete a

1986

substance abuse education program of at least 40 hours or a

1987

prescribed substance abuse treatment program provided by a

1988

treatment resource licensed pursuant to chapter 397 or by a

1989

hospital licensed pursuant to chapter 395, as specified by the

1990

court. In addition, the court may refer the offender to a

1991

licensed agency for substance abuse evaluation and, if

1992

appropriate, substance abuse treatment subject to the ability of

1993

the offender to pay for such evaluation and treatment. If such

1994

referral is made, the offender must comply and must pay for the

1995

reasonable cost of the evaluation and treatment.

1996

3. Perform at least 300 hours of public service.

1997

4. Submit to routine and random drug testing which may be

1998

conducted during the probationary period, with the reasonable

1999

costs thereof borne by the offender.

2000

5. Participate, at his or her own expense, in an

2001

appropriate self-help group, such as Narcotics Anonymous,

2002

Alcoholics Anonymous, or Cocaine Anonymous, if available.

2003

(d) An offender who violates probation imposed pursuant to

2004

this section shall be sentenced in accordance with s. 921.002.

2005

(2) On or after October 1, 1993, any person who violates

2006

s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a) may, in the

2007

discretion of the trial court, be required to successfully

2008

complete a term of probation in lieu of serving a term of

2009

imprisonment as required or authorized by s. 775.084, former s.

2010

921.001, or s. 921.002, as follows:

2011

(a) If the person has not previously been convicted of

2012

violating s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a),

2013

adjudication may be withheld and the offender shall be placed on

2014

probation for not less than 12 months, as a condition of which

2015

the court may require the offender to comply with one or more of

2016

the following terms and conditions:

2017

1. Pay a fine of not less than $250 nor more than $5,000

2018

pursuant to s. 775.083(1)(c).

2019

2. Enter, regularly attend, and successfully complete a

2020

substance abuse education program of at least 40 hours or a

2021

prescribed substance abuse treatment program provided by a

2022

treatment resource licensed pursuant to chapter 397 or by a

2023

hospital licensed pursuant to chapter 395, as specified by the

2024

court. In addition, the court may refer the offender to a

2025

licensed agency for substance abuse evaluation and, if

2026

appropriate, substance abuse treatment subject to the ability of

2027

the offender to pay for such evaluation and treatment. If such

2028

referral is made, the offender must comply and must pay for the

2029

reasonable cost of the evaluation and treatment.

2030

3. Perform at least 50 hours of public service.

2031

4. Submit to routine and random drug testing which may be

2032

conducted during the probationary period, with the reasonable

2033

costs thereof borne by the offender.

2034

5. Participate, at his or her own expense, in an

2035

appropriate self-help group, such as Narcotics Anonymous,

2036

Alcoholics Anonymous, or Cocaine Anonymous, if available.

2037

(b) If the person has been previously convicted of one

2038

felony violation of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or

2039

(6)(a), adjudication may not be withheld and the offender may be

2040

placed on probation for not less than 18 months, as a condition

2041

of which the court shall require the offender to reside at a

2042

community residential drug punishment center for 90 days. The

2043

offender must comply with all rules and regulations of the

2044

center and must pay a fee for the costs of room and board and

2045

residential supervision. Placement of an offender into a

2046

community residential drug punishment center is subject to

2047

budgetary considerations and availability of bed space. If the

2048

court requires the offender to reside at a community residential

2049

drug punishment center, the court shall also require the

2050

offender to comply with one or more of the other following terms

2051

and conditions:

2052

1. Pay a fine of not less than $500 nor more than $5,000

2053

pursuant to s. 775.083(1)(c).

2054

2. Enter, regularly attend, and successfully complete a

2055

substance abuse intervention program of a least 80 hours

2056

provided by a treatment resource licensed pursuant to chapter

2057

397 or by a hospital licensed pursuant to chapter 395, as

2058

specified by the court. In addition, the court may refer the

2059

offender to a licensed agency for substance abuse evaluation

2060

and, if appropriate, substance abuse treatment subject to the

2061

ability of the offender to pay for such evaluation and

2062

treatment. If such referral is made, the offender must comply

2063

and must pay for the reasonable cost of the evaluation and

2064

treatment.

2065

3. Perform at least 100 hours of public service.

2066

4. Submit to routine and random drug testing which may be

2067

conducted during the probationary period, with the reasonable

2068

costs thereof borne by the offender.

2069

5. Participate, at his or her own expense, in an

2070

appropriate self-help group, such as Narcotics Anonymous,

2071

Alcoholics Anonymous, or Cocaine Anonymous, if available.

2072

2073

felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),

2074

adjudication may not be withheld and the offender may be placed

2075

on probation for not less than 24 months, as a condition of

2076

which the court shall require the offender to reside at a

2077

community residential drug punishment center for 120 days. The

2078

offender must comply with all rules and regulations of the

2079

center and must pay a fee for the costs of room and board and

2080

residential supervision. Placement of an offender into a

2081

community residential drug punishment center is subject to

2082

budgetary considerations and availability of bed space. If the

2083

court requires the offender to reside at a community residential

2084

drug punishment center, the court shall also require the

2085

offender to comply with one or more of the other following terms

2086

and conditions:

2087

1. Pay a fine of not less than $1,000 nor more than $5,000

2088

pursuant to s. 775.083(1)(c).

2089

2. Enter, regularly attend, and successfully complete a

2090

prescribed substance abuse treatment program provided by a

2091

treatment resource licensed pursuant to chapter 397 or by a

2092

hospital licensed pursuant to chapter 395, as specified by the

2093

court. In addition, the court may refer the offender to a

2094

licensed agency for substance abuse evaluation and, if

2095

appropriate, substance abuse treatment subject to the ability of

2096

the offender to pay for such evaluation and treatment. If such

2097

referral is made, the offender must comply and must pay for the

2098

reasonable cost of the evaluation and treatment.

2099

3. Perform at least 150 hours of public service.

2100

4. Submit to routine and random drug testing which may be

2101

conducted during the probationary period, with the reasonable

2102

costs thereof borne by the offender.

2103

5. Participate, at his or her own expense, in an

2104

appropriate self-help group, such as Narcotics Anonymous,

2105

Alcoholics Anonymous, or Cocaine Anonymous, if available.

2106

(d) If the person has been previously convicted of three

2107

felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),

2108

adjudication may not be withheld and the offender may be placed

2109

on probation for not less than 30 months, as a condition of

2110

which the court shall require the offender to reside at a

2111

community residential drug punishment center for 200 days. The

2112

offender must comply with all rules and regulations of the

2113

center and must pay a fee for the costs of room and board and

2114

residential supervision. Placement of an offender into a

2115

community residential drug punishment center is subject to

2116

budgetary considerations and availability of bed space. If the

2117

court requires the offender to reside at a community residential

2118

drug punishment center, the court shall also require the

2119

offender to comply with one or more of the other following terms

2120

and conditions:

2121

1. Pay a fine of not less than $1,500 nor more than $5,000

2122

pursuant to s. 775.083(1)(c).

2123

2. Enter, regularly attend, and successfully complete a

2124

prescribed substance abuse treatment program provided by a

2125

treatment resource licensed pursuant to chapter 397 or by a

2126

hospital licensed pursuant to chapter 395, as specified by the

2127

court. In addition, the court may refer the offender to a

2128

licensed agency for substance abuse evaluation and, if

2129

appropriate, substance abuse treatment subject to the ability of

2130

the offender to pay for such evaluation and treatment. If such

2131

referral is made, the offender must comply and must pay for the

2132

reasonable cost of the evaluation and treatment.

2133

3. Perform at least 200 hours of public service.

2134

4. Submit to routine and random drug testing which may be

2135

conducted during the probationary period, with the reasonable

2136

costs thereof borne by the offender.

2137

5. Participate, at his or her own expense, in an

2138

appropriate self-help group, such as Narcotics Anonymous,

2139

Alcoholics Anonymous, or Cocaine Anonymous, if available.

2140

(e) If the person has been previously convicted of four

2141

felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),

2142

adjudication may not be withheld and the offender may be placed

2143

on probation for not less than 36 months, as a condition of

2144

which the court shall require the offender to reside at a

2145

community residential drug punishment center for 360 days. The

2146

offender must comply with all rules and regulations of the

2147

center and must pay a fee for the costs of room and board and

2148

residential supervision. Placement of an offender into a

2149

community residential drug punishment center is subject to

2150

budgetary considerations and availability of bed space. If the

2151

court requires the offender to reside at a community residential

2152

drug punishment center, the court shall also require the

2153

offender to comply with one or more of the other following terms

2154

and conditions:

2155

1. Pay a fine of not less than $2,000 nor more than $5,000

2156

pursuant to s. 775.083(1)(c).

2157

2. Enter, regularly attend, and successfully complete a

2158

prescribed substance abuse treatment program provided by a

2159

treatment resource licensed pursuant to chapter 397 or by a

2160

hospital licensed pursuant to chapter 395, as specified by the

2161

court. In addition, the court may refer the offender to a

2162

licensed agency for substance abuse evaluation and, if

2163

appropriate, substance abuse treatment subject to the ability of

2164

the offender to pay for such evaluation and treatment. If such

2165

referral is made, the offender must comply and must pay for the

2166

reasonable cost of the evaluation and treatment.

2167

3. Perform at least 250 hours of public service.

2168

4. Submit to routine and random drug testing which may be

2169

conducted during the probationary period, with the reasonable

2170

costs thereof borne by the offender.

2171

5. Participate, at his or her own expense, in an

2172

appropriate self-help group, such as Narcotics Anonymous,

2173

Alcoholics Anonymous, or Cocaine Anonymous, if available.

2174

(f) An offender who violates probation imposed pursuant to

2175

this section shall be sentenced in accordance with s. 921.002.

2176

Section 24. This act shall take effect July 1, 2004, and

2177

shall apply to offenses committed on or after that date.

CODING: Words ~~stricken~~ are deletions; words underlined are additions.