HB 1815

CS

CHAMBER ACTION

1	The Committee on Public Safety & Crime Prevention recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to controlled substances; amending s.
8	893.033, F.S.; revising the chemicals defined as "listed
9	precursor chemicals" to include benzaldehyde, hydriodic
10	acid, and nitroethane, and to remove anhydrous ammonia and
11	benzyl chloride; revising the chemicals defined as "listed
12	essential chemicals" to include anhydrous ammonia, benzyl
13	chloride, hydrochloric gas, and iodine; amending s.
14	893.13, F.S.; prohibiting a person from manufacturing
15	methamphetamine or phencyclidine or from possessing listed
16	chemicals with the intent to manufacture methamphetamine
17	or phencyclidine; providing criminal penalties; providing
18	for minimum terms of imprisonment in circumstances where a
19	person commits or attempts to commit such crime in a
20	structure or conveyance where a child is present and in
21	circumstances where a child suffers great bodily harm;
22	providing criminal penalties in circumstances where a
23	person fails to store anhydrous ammonia as required;
24	providing criminal penalties in circumstances involving a
25	violation of ch. 893, F.S., which results in serious
26	injury to a state, local, or federal law enforcement
27	officer; increasing the criminal penalties if such
28	violation results in death or great bodily harm to such
29	officer; amending s. 893.135, F.S.; including offenses
30	involving pseudoephedrine within the offense of
31	trafficking in amphetamine; providing criminal penalties;
32	providing that it is a capital offense to manufacture or
33	import pseudoephedrine knowing that the probable result
34	will be death; amending s. 893.149, F.S., relating to the
35	prohibition against possessing listed chemicals; providing
36	an exception to such prohibition for a person authorized
37	to clean up or dispose of hazardous waste or toxic
38	substances pursuant to ch. 893, F.S.; providing that
39	damages arising out of the unlawful possession of, storage
40	of, or tampering with a listed chemical is the sole
41	responsibility of the person unlawfully possessing,
42	storing, or tampering with the chemical; providing that
43	the lawful owner, installer, maintainer, designer,
44	manufacturer, possessor, or seller is immune from
45	liability in the absence of negligent misconduct or
46	failure to abide by laws governing possession or storage;
47	reenacting s. 893.02(12), F.S., relating to the definition
48	of the term "listed chemical," for the purpose of
49	incorporating the amendment to s. 893.033, F.S., in a
50	reference thereto; reenacting ss. 435.07(2), 921.187(1),
51	938.25, and 948.034(1) and (2), F.S., relating to
52	exemptions from disqualification for certain employment,
53	disposition, and sentencing, the assessment of fees for
54	purposes of funding the Operating Trust Fund of the
55	Department of Law Enforcement, and the terms and
56	conditions of probation, respectively, for the purpose of
57	incorporating the amendment to s. 893.13, F.S., in
58	references thereto; reenacting ss. 311.12(3)(c),
59	414.095(1), 775.087(2)(a) and (3)(a), 782.04(1)(a),
60	(3)(a), and (4)(a), 893.13(8)(d), 907.041(4)(c),
61	921.0022(3)(g) and (i), 921.0024(1), 921.142(2), 943.0585,
62	and 943.059, F.S., relating to seaport security standards,
63	eligibility for temporary cash assistance, mandatory
64	sentencing in circumstances involving the possession of
65	use of a weapon, specified offenses that may be charged as
66	murder if death results, prohibited acts by prescribing
67	practitioners, circumstances in which the court may order
68	pretrial detention, the offense severity ranking chart of
69	the Criminal Punishment Code, worksheet computations and
70	scoresheets under the Criminal Punishment Code, sentencing
71	in capital drug trafficking cases, limitations on
72	circumstances in which a criminal history record may be
73	expunged, and limitations on circumstances in which a
74	criminal history record may be sealed, respectively, for
75	the purpose of incorporating the amendment to s. 895.135,
76	F.S., in references thereto; reenacting ss. 397.451(4)(b)
77	and (6), 772.12(2)(a), 893.1351(1), and 903.133, F.S.,
78	relating to background checks of service provider
79	personnel, the Drug Dealer Liability Act, the prohibition
80	against leasing or renting for the purpose of trafficking
81	in a controlled substance, and the limitation of admission
82	to bail, respectively, for the purpose of incorporating
83	the amendments to ss. 893.13 and 893.135, F.S., in
84	references thereto; providing applicability; providing an
85	effective date.
86
87	Be It Enacted by the Legislature of the State of Florida:
88
89	Section 1.  Section 893.033, Florida Statutes, is amended
90	to read:
91	893.033  Listed chemicals.--The chemicals listed in this
92	section are included by whatever official, common, usual,
93	chemical, or trade name designated.
94	(1)  PRECURSOR CHEMICALS.--The term "listed precursor
95	chemical" means a chemical that may be used in manufacturing a
96	controlled substance in violation of this chapter and is
97	critical to the creation of the controlled substance, and such
98	term includes any salt, optical isomer, or salt of an optical
99	isomer, whenever the existence of such salt, optical isomer, or
100	salt of optical isomer is possible within the specific chemical
101	designation. The following are "listed precursor chemicals":
102	(a)  Anhydrous ammonia.
103	(a)(b)  Anthranilic acid.
104	(b)  Benzaldehyde.
105	(c)  Benzyl chloride.
106	(c)(d)  Benzyl cyanide.
107	(d)(e)  Chloroephedrine.
108	(e)(f)  Chloropseudoephedrine.
109	(f)(g)  Ephedrine.
110	(g)(h)  Ergonovine.
111	(h)(i)  Ergotamine.
112	(i)(j)  Ethylamine.
113	(j)  Hydriodic acid.
114	(k)  Isosafrole.
115	(l)  Methylamine.
116	(m)  3, 4-Methylenedioxyphenyl-2-propanone.
117	(n)  N-acetylanthranilic acid.
118	(o)  N-ethylephedrine.
119	(p)  N-ethylpseudoephedrine.
120	(q)  N-methylephedrine.
121	(r)  N-methylpseudoephedrine.
122	(s)  Nitroethane.
123	(t)(s)  Norpseudoephedrine.
124	(u)(t)  Phenylacetic acid.
125	(v)(u)  Phenylpropanolamine.
126	(w)(v)  Piperidine.
127	(x)(w)  Piperonal.
128	(y)(x)  Propionic anhydride.
129	(z)(y)  Pseudoephedrine.
130	(aa)(z)  Safrole.
131	(2)  ESSENTIAL CHEMICALS.--The term "listed essential
132	chemical" means a chemical that may be used as a solvent,
133	reagent, or catalyst in manufacturing a controlled substance in
134	violation of this chapter. The following are "listed essential
135	chemicals":
136	(a)  Acetic anhydride.
137	(b)  Acetone.
138	(c)  Anhydrous ammonia.
139	(d)  Benzyl chloride.
140	(e)(c)  2-Butanone.
141	(f)(d)  Ethyl ether.
142	(g)  Hydrochloric gas.
143	(h)(e)  Hydriodic acid.
144	(i)  Iodine.
145	(j)(f)  Potassium permanganate.
146	(k)(g)  Toluene.
147	Section 2.  Paragraph (g) is added to subsection (1) of
148	section 893.13, Florida Statutes, paragraphs (a) and (c) of
149	subsection (7) of said section are amended, subsection (12) is
150	added to said section, and paragraph (d) of subsection (8) of
151	said section is reenacted for purpose of incorporating the
152	amendment to section 893.135, Florida Statutes, in a reference
153	thereto, to read:
154	893.13  Prohibited acts; penalties.--
155	(1)
156	(g)  Except as authorized by this chapter, it is unlawful
157	for any person to manufacture methamphetamine or phencyclidine,
158	or possess any listed chemical as defined in s. 893.033 in
159	violation of s. 893.149 and with intent to manufacture
160	methamphetamine or phencyclidine. If any person violates this
161	paragraph and:
162	1.  The commission or attempted commission of the crime
163	occurs in a structure or conveyance where any child under 16
164	years of age is present, the person commits a felony of the
165	first degree, punishable as provided in s. 775.082, s. 775.083,
166	or s. 775.084. In addition, the defendant must be sentenced to a
167	minimum term of imprisonment of 5 calendar years.
168	2.  The commission of the crime causes any child under 16
169	years of age to suffer great bodily harm, the person commits a
170	felony of the first degree, punishable as provided in s.
171	775.082, s. 775.083, or s. 775.084. In addition, the defendant
172	must be sentenced to a minimum term of imprisonment of 10
173	calendar years.
174	(7)(a)  It is unlawful for any person:
175	1.  To distribute or dispense a controlled substance in
176	violation of this chapter.
177	2.  To refuse or fail to make, keep, or furnish any record,
178	notification, order form, statement, invoice, or information
179	required under this chapter.
180	3.  To refuse an entry into any premises for any inspection
181	or to refuse to allow any inspection authorized by this chapter.
182	4.  To distribute a controlled substance named or described
183	in s. 893.03(1) or (2) except pursuant to an order form as
184	required by s. 893.06.
185	5.  To keep or maintain any store, shop, warehouse,
186	dwelling, building, vehicle, boat, aircraft, or other structure
187	or place which is resorted to by persons using controlled
188	substances in violation of this chapter for the purpose of using
189	these substances, or which is used for keeping or selling them
190	in violation of this chapter.
191	6.  To use to his or her own personal advantage, or to
192	reveal, any information obtained in enforcement of this chapter
193	except in a prosecution or administrative hearing for a
194	violation of this chapter.
195	7.  To possess a prescription form which has not been
196	completed and signed by the practitioner whose name appears
197	printed thereon, unless the person is that practitioner, is an
198	agent or employee of that practitioner, is a pharmacist, or is a
199	supplier of prescription forms who is authorized by that
200	practitioner to possess those forms.
201	8.  To withhold information from a practitioner from whom
202	the person seeks to obtain a controlled substance or a
203	prescription for a controlled substance that the person making
204	the request has received a controlled substance or a
205	prescription for a controlled substance of like therapeutic use
206	from another practitioner within the previous 30 days.
207	9.  To acquire or obtain, or attempt to acquire or obtain,
208	possession of a controlled substance by misrepresentation,
209	fraud, forgery, deception, or subterfuge.
210	10.  To affix any false or forged label to a package or
211	receptacle containing a controlled substance.
212	11.  To furnish false or fraudulent material information
213	in, or omit any material information from, any report or other
214	document required to be kept or filed under this chapter or any
215	record required to be kept by this chapter.
216	12.  To store anhydrous ammonia in a container that is not
217	approved by the United States Department of Transportation to
218	hold anhydrous ammonia or is not constructed in accordance with
219	sound engineering, agricultural, or commercial practices.
220	(c)  Any person who violates the provisions of
221	subparagraphs (a)8.-12. (a)8.-11. commits a felony of the third
222	degree, punishable as provided in s. 775.082, s. 775.083, or s.
223	775.084.
224	(8)
225	(d)  Notwithstanding paragraph (c), if a prescribing
226	practitioner has violated paragraph (a) and received $1,000 or
227	more in payment for writing one or more prescriptions or, in the
228	case of a prescription written for a controlled substance
229	described in s. 893.135, has written one or more prescriptions
230	for a quantity of a controlled substance which, individually or
231	in the aggregate, meets the threshold for the offense of
232	trafficking in a controlled substance under s. 893.15, the
233	violation is reclassified as a felony of the second degree and
234	ranked in level 4 of the Criminal Punishment Code.
235	(12)  If a person violates any provision of this chapter
236	and such violation results in a serious injury to a state,
237	local, or federal law enforcement officer, the person commits a
238	felony of the third degree, punishable as provided in s.
239	775.082, s. 775.083, or s. 775.084. If the injury sustained
240	results in death or great bodily harm, the person commits a
241	felony of the second degree, punishable as provided in s.
242	775.082, s. 775.083, or s. 775.084.
243	Section 3.  Paragraph (f) of subsection (1) of section
244	893.135, Florida Statutes, is amended to read:
245	893.135  Trafficking; mandatory sentences; suspension or
246	reduction of sentences; conspiracy to engage in trafficking.--
247	(1)  Except as authorized in this chapter or in chapter 499
248	and notwithstanding the provisions of s. 893.13:
249	(f)1.  Any person who knowingly sells, purchases,
250	manufactures, delivers, or brings into this state, or who is
251	knowingly in actual or constructive possession of, 14 grams or
252	more of amphetamine, as described in s. 893.03(2)(c)2., or
253	methamphetamine, as described in s. 893.03(2)(c)4., or of any
254	mixture containing amphetamine or methamphetamine, or
255	phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
256	in conjunction with other chemicals and equipment utilized in
257	the manufacture of amphetamine or methamphetamine, commits a
258	felony of the first degree, which felony shall be known as
259	"trafficking in amphetamine," punishable as provided in s.
260	775.082, s. 775.083, or s. 775.084. If the quantity involved:
261	a.  Is 14 grams or more, but less than 28 grams, such
262	person shall be sentenced to a mandatory minimum term of
263	imprisonment of 3 years, and the defendant shall be ordered to
264	pay a fine of $50,000.
265	b.  Is 28 grams or more, but less than 200 grams, such
266	person shall be sentenced to a mandatory minimum term of
267	imprisonment of 7 years, and the defendant shall be ordered to
268	pay a fine of $100,000.
269	c.  Is 200 grams or more, such person shall be sentenced to
270	a mandatory minimum term of imprisonment of 15 calendar years
271	and pay a fine of $250,000.
272	2.  Any person who knowingly manufactures or brings into
273	this state 400 grams or more of amphetamine, as described in s.
274	893.03(2)(c)2., or methamphetamine, as described in s.
275	893.03(2)(c)4., or of any mixture containing amphetamine or
276	methamphetamine, or phenylacetone, phenylacetic acid,
277	pseudoephedrine, or ephedrine in conjunction with other
278	chemicals and equipment used in the manufacture of amphetamine
279	or methamphetamine, and who knows that the probable result of
280	such manufacture or importation would be the death of any person
281	commits capital manufacture or importation of amphetamine, a
282	capital felony punishable as provided in ss. 775.082 and
283	921.142. Any person sentenced for a capital felony under this
284	paragraph shall also be sentenced to pay the maximum fine
285	provided under subparagraph 1.
286	Section 4.  Section 893.149, Florida Statutes, is amended
287	to read:
288	893.149  Unlawful possession of listed chemical.--
289	(1)  It is unlawful for any person to knowingly or
290	intentionally:
291	(a)  Possess a listed chemical with the intent to
292	unlawfully manufacture a controlled substance;
293	(b)  Possess or distribute a listed chemical knowing, or
294	having reasonable cause to believe, that the listed chemical
295	will be used to unlawfully manufacture a controlled substance.
296	(2)  Any person who violates this section commits is guilty
297	of a felony of the second degree, punishable as provided in s.
298	775.082, s. 775.083, or s. 775.084.
299	(3)  This section does not apply to a public employee or
300	private contractor authorized to clean up or dispose of
301	hazardous waste or toxic substances pursuant to the provisions
302	of this chapter.
303	(4)  Any damages arising out of the unlawful possession of,
304	storage of, or tampering with a listed chemical, as defined in
305	s. 893.033, shall be the sole responsibility of the person or
306	persons unlawfully possessing, storing, or tampering with the
307	listed chemical. In no case shall liability for damages arising
308	out of the unlawful possession of, storage of, or tampering with
309	a listed chemical extend to the lawful owner, installer,
310	maintainer, designer, manufacturer, possessor, or seller of the
311	listed chemical, unless such damages arise out of the acts or
312	omissions of the owner, installer, maintainer, designer,
313	manufacturer, possessor, or seller which constitute negligent
314	misconduct or failure to abide by the laws regarding the
315	possession or storage of a listed chemical.
316	Section 5.  For the purpose of incorporating the amendment
317	to section 893.135, Florida Statutes, in a reference thereto,
318	paragraph (c) of subsection (3) of section 311.12, Florida
319	Statutes, is reenacted to read:
320	311.12  Seaport security standards.--
321	(3)
322	(c)  In addition to other requirements for employment or
323	access established by each seaport pursuant to its seaport
324	security plan, each seaport security plan shall provide that:
325	1.  Any person who has within the past 7 years been
326	convicted, regardless of whether adjudication was withheld, for
327	a forcible felony as defined in s. 776.08; an act of terrorism
328	as defined in s. 775.30; planting of a hoax bomb as provided in
329	s. 790.165; any violation involving the manufacture, possession,
330	sale, delivery, display, use, or attempted or threatened use of
331	a weapon of mass destruction or hoax weapon of mass destruction
332	as provided in s. 790.166; dealing in stolen property; any
333	violation of s. 893.135; any violation involving the sale,
334	manufacturing, delivery, or possession with intent to sell,
335	manufacture, or deliver a controlled substance; burglary;
336	robbery; any felony violation of s. 812.014; any violation of s.
337	790.07; any crime an element of which includes use or possession
338	of a firearm; any conviction for any similar offenses under the
339	laws of another jurisdiction; or conviction for conspiracy to
340	commit any of the listed offenses shall not be qualified for
341	initial employment within or regular access to a seaport or
342	restricted access area; and
343	2.  Any person who has at any time been convicted for any
344	of the listed offenses shall not be qualified for initial
345	employment within or authorized regular access to a seaport or
346	restricted access area unless, after release from incarceration
347	and any supervision imposed as a sentence, the person remained
348	free from a subsequent conviction, regardless of whether
349	adjudication was withheld, for any of the listed offenses for a
350	period of at least 7 years prior to the employment or access
351	date under consideration.
352	Section 6.  For the purpose of incorporating the amendments
353	to sections 893.13 and 893.135, Florida Statutes, in references
354	thereto, paragraph (b) of subsection (4) and subsection (6) of
355	section 397.451, Florida Statutes, are reenacted to read:
356	397.451  Background checks of service provider personnel.--
357	(4)  EXEMPTIONS FROM DISQUALIFICATION.--
358	(b)  Since rehabilitated substance abuse impaired persons
359	are effective in the successful treatment and rehabilitation of
360	substance abuse impaired adolescents, for service providers
361	which treat adolescents 13 years of age and older, service
362	provider personnel whose background checks indicate crimes under
363	s. 817.563, s. 893.13, or s. 893.147 may be exempted from
364	disqualification from employment pursuant to this paragraph.
365	(6)  DISQUALIFICATION FROM RECEIVING STATE FUNDS.--State
366	funds may not be disseminated to any service provider owned or
367	operated by an owner, director, or chief financial officer who
368	has been convicted of, has entered a plea of guilty or nolo
369	contendere to, or has had adjudication withheld for, a violation
370	of s. 893.135 pertaining to trafficking in controlled
371	substances, or a violation of the law of another state, the
372	District of Columbia, the United States or any possession or
373	territory thereof, or any foreign jurisdiction which is
374	substantially similar in elements and penalties to a trafficking
375	offense in this state, unless the owner's or director's civil
376	rights have been restored.
377	Section 7.  For the purpose of incorporating the amendment
378	to section 893.135, Florida Statutes, in a reference thereto,
379	subsection (1) of section 414.095, Florida Statutes, is
380	reenacted to read:
381	414.095  Determining eligibility for temporary cash
382	assistance.--
383	(1)  ELIGIBILITY.--An applicant must meet eligibility
384	requirements of this section before receiving services or
385	temporary cash assistance under this chapter, except that an
386	applicant shall be required to register for work and engage in
387	work activities in accordance with s. 445.024, as designated by
388	the regional workforce board, and may receive support services
389	or child care assistance in conjunction with such requirement.
390	The department shall make a determination of eligibility based
391	on the criteria listed in this chapter. The department shall
392	monitor continued eligibility for temporary cash assistance
393	through periodic reviews consistent with the food stamp
394	eligibility process. Benefits shall not be denied to an
395	individual solely based on a felony drug conviction, unless the
396	conviction is for trafficking pursuant to s. 893.135. To be
397	eligible under this section, an individual convicted of a drug
398	felony must be satisfactorily meeting the requirements of the
399	temporary cash assistance program, including all substance abuse
400	treatment requirements. Within the limits specified in this
401	chapter, the state opts out of the provision of Pub. L. No. 104-
402	193, s. 115, that eliminates eligibility for temporary cash
403	assistance and food stamps for any individual convicted of a
404	controlled substance felony.
405	Section 8.  For the purpose of incorporating the amendment
406	to section 893.13, Florida Statutes, in a reference thereto,
407	subsection (2) of section 435.07, Florida Statutes, is reenacted
408	to read:
409	435.07  Exemptions from disqualification.--Unless otherwise
410	provided by law, the provisions of this section shall apply to
411	exemptions from disqualification.
412	(2)  Persons employed by treatment providers who treat
413	adolescents 13 years of age and older who are disqualified from
414	employment solely because of crimes under s. 817.563, s. 893.13,
415	or s. 893.147 may be exempted from disqualification from
416	employment pursuant to this section without the 3-year waiting
417	period.
418	Section 9.  For the purpose of incorporating the amendments
419	to sections 893.13 and 893.135, Florida Statutes, in references
420	thereto, paragraph (a) of subsection (2) of section 772.12,
421	Florida Statutes, is reenacted to read:
422	772.12  Drug Dealer Liability Act.--
423	(2)  A person, including any governmental entity, has a
424	cause of action for threefold the actual damages sustained and
425	is entitled to minimum damages in the amount of $1,000 and
426	reasonable attorney's fees and court costs in the trial and
427	appellate courts, if the person proves by the greater weight of
428	the evidence that:
429	(a)  The person was injured because of the defendant's
430	actions that resulted in the defendant's conviction for:
431	1.  A violation of s. 893.13, except for a violation of s.
432	893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
433	2.  A violation of s. 893.135; and
434	Section 10.  For the purpose of incorporating the amendment
435	to section 893.135, Florida Statutes, in references thereto,
436	paragraph (a) of subsection (2) and paragraph (a) of subsection
437	(3) of section 775.087, Florida Statutes, are reenacted to read:
438	775.087  Possession or use of weapon; aggravated battery;
439	felony reclassification; minimum sentence.--
440	(2)(a)1.  Any person who is convicted of a felony or an
441	attempt to commit a felony, regardless of whether the use of a
442	weapon is an element of the felony, and the conviction was for:
443	a.  Murder;
444	b.  Sexual battery;
445	c.  Robbery;
446	d.  Burglary;
447	e.  Arson;
448	f.  Aggravated assault;
449	g.  Aggravated battery;
450	h.  Kidnapping;
451	i.  Escape;
452	j.  Aircraft piracy;
453	k.  Aggravated child abuse;
454	l.  Aggravated abuse of an elderly person or disabled
455	adult;
456	m.  Unlawful throwing, placing, or discharging of a
457	destructive device or bomb;
458	n.  Carjacking;
459	o.  Home-invasion robbery;
460	p.  Aggravated stalking;
461	q.  Trafficking in cannabis, trafficking in cocaine,
462	capital importation of cocaine, trafficking in illegal drugs,
463	capital importation of illegal drugs, trafficking in
464	phencyclidine, capital importation of phencyclidine, trafficking
465	in methaqualone, capital importation of methaqualone,
466	trafficking in amphetamine, capital importation of amphetamine,
467	trafficking in flunitrazepam, trafficking in gamma-
468	hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
469	trafficking in Phenethylamines, or other violation of s.
470	893.135(1); or
471	r.  Possession of a firearm by a felon
472
473	and during the commission of the offense, such person actually
474	possessed a "firearm" or "destructive device" as those terms are
475	defined in s. 790.001, shall be sentenced to a minimum term of
476	imprisonment of 10 years, except that a person who is convicted
477	for aggravated assault, possession of a firearm by a felon, or
478	burglary of a conveyance shall be sentenced to a minimum term of
479	imprisonment of 3 years if such person possessed a "firearm" or
480	"destructive device" during the commission of the offense.
481	2.  Any person who is convicted of a felony or an attempt
482	to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
483	regardless of whether the use of a weapon is an element of the
484	felony, and during the course of the commission of the felony
485	such person discharged a "firearm" or "destructive device" as
486	defined in s. 790.001 shall be sentenced to a minimum term of
487	imprisonment of 20 years.
488	3.  Any person who is convicted of a felony or an attempt
489	to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
490	regardless of whether the use of a weapon is an element of the
491	felony, and during the course of the commission of the felony
492	such person discharged a "firearm" or "destructive device" as
493	defined in s. 790.001 and, as the result of the discharge, death
494	or great bodily harm was inflicted upon any person, the
495	convicted person shall be sentenced to a minimum term of
496	imprisonment of not less than 25 years and not more than a term
497	of imprisonment of life in prison.
498	(3)(a)1.  Any person who is convicted of a felony or an
499	attempt to commit a felony, regardless of whether the use of a
500	firearm is an element of the felony, and the conviction was for:
501	a.  Murder;
502	b.  Sexual battery;
503	c.  Robbery;
504	d.  Burglary;
505	e.  Arson;
506	f.  Aggravated assault;
507	g.  Aggravated battery;
508	h.  Kidnapping;
509	i.  Escape;
510	j.  Sale, manufacture, delivery, or intent to sell,
511	manufacture, or deliver any controlled substance;
512	k.  Aircraft piracy;
513	l.  Aggravated child abuse;
514	m.  Aggravated abuse of an elderly person or disabled
515	adult;
516	n.  Unlawful throwing, placing, or discharging of a
517	destructive device or bomb;
518	o.  Carjacking;
519	p.  Home-invasion robbery;
520	q.  Aggravated stalking; or
521	r.  Trafficking in cannabis, trafficking in cocaine,
522	capital importation of cocaine, trafficking in illegal drugs,
523	capital importation of illegal drugs, trafficking in
524	phencyclidine, capital importation of phencyclidine, trafficking
525	in methaqualone, capital importation of methaqualone,
526	trafficking in amphetamine, capital importation of amphetamine,
527	trafficking in flunitrazepam, trafficking in gamma-
528	hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
529	trafficking in Phenethylamines, or other violation of s.
530	893.135(1);
531
532	and during the commission of the offense, such person possessed
533	a semiautomatic firearm and its high-capacity detachable box
534	magazine or a machine gun as defined in s. 790.001, shall be
535	sentenced to a minimum term of imprisonment of 15 years.
536	2.  Any person who is convicted of a felony or an attempt
537	to commit a felony listed in subparagraph (a)1., regardless of
538	whether the use of a weapon is an element of the felony, and
539	during the course of the commission of the felony such person
540	discharged a semiautomatic firearm and its high-capacity box
541	magazine or a "machine gun" as defined in s. 790.001 shall be
542	sentenced to a minimum term of imprisonment of 20 years.
543	3.  Any person who is convicted of a felony or an attempt
544	to commit a felony listed in subparagraph (a)1., regardless of
545	whether the use of a weapon is an element of the felony, and
546	during the course of the commission of the felony such person
547	discharged a semiautomatic firearm and its high-capacity box
548	magazine or a "machine gun" as defined in s. 790.001 and, as the
549	result of the discharge, death or great bodily harm was
550	inflicted upon any person, the convicted person shall be
551	sentenced to a minimum term of imprisonment of not less than 25
552	years and not more than a term of imprisonment of life in
553	prison.
554	Section 11.  For the purpose of incorporating the amendment
555	to section 893.135, Florida Statutes, in references thereto,
556	paragraph (a) of subsection (1), paragraph (a) of subsection
557	(3), and paragraph (a) of subsection (4) of section 782.04,
558	Florida Statutes, are reenacted to read:
559	782.04  Murder.--
560	(1)(a)  The unlawful killing of a human being:
561	1.  When perpetrated from a premeditated design to effect
562	the death of the person killed or any human being;
563	2.  When committed by a person engaged in the perpetration
564	of, or in the attempt to perpetrate, any:
565	a.  Trafficking offense prohibited by s. 893.135(1),
566	b.  Arson,
567	c.  Sexual battery,
568	d.  Robbery,
569	e.  Burglary,
570	f.  Kidnapping,
571	g.  Escape,
572	h.  Aggravated child abuse,
573	i.  Aggravated abuse of an elderly person or disabled
574	adult,
575	j.  Aircraft piracy,
576	k.  Unlawful throwing, placing, or discharging of a
577	destructive device or bomb,
578	l.  Carjacking,
579	m.  Home-invasion robbery,
580	n.  Aggravated stalking,
581	o.  Murder of another human being,
582	p.  Resisting an officer with violence to his or her
583	person,
584	q.  Felony that is an act of terrorism or is in furtherance
585	of an act of terrorism; or
586	3.  Which resulted from the unlawful distribution of any
587	substance controlled under s. 893.03(1), cocaine as described in
588	s. 893.03(2)(a)4., or opium or any synthetic or natural salt,
589	compound, derivative, or preparation of opium by a person 18
590	years of age or older, when such drug is proven to be the
591	proximate cause of the death of the user,
592
593	is murder in the first degree and constitutes a capital felony,
594	punishable as provided in s. 775.082.
595	(3)  When a person is killed in the perpetration of, or in
596	the attempt to perpetrate, any:
597	(a)  Trafficking offense prohibited by s. 893.135(1),
598
599	by a person other than the person engaged in the perpetration of
600	or in the attempt to perpetrate such felony, the person
601	perpetrating or attempting to perpetrate such felony is guilty
602	of murder in the second degree, which constitutes a felony of
603	the first degree, punishable by imprisonment for a term of years
604	not exceeding life or as provided in s. 775.082, s. 775.083, or
605	s. 775.084.
606	(4)  The unlawful killing of a human being, when
607	perpetrated without any design to effect death, by a person
608	engaged in the perpetration of, or in the attempt to perpetrate,
609	any felony other than any:
610	(a)  Trafficking offense prohibited by s. 893.135(1),
611
612	is murder in the third degree and constitutes a felony of the
613	second degree, punishable as provided in s. 775.082, s. 775.083,
614	or s. 775.084.
615	Section 12.  For the purpose of incorporating the amendment
616	to section 893.033, Florida Statutes, in a reference thereto,
617	subsection (12) of section 893.02, Florida Statutes, is
618	reenacted to read:
619	893.02  Definitions.--The following words and phrases as
620	used in this chapter shall have the following meanings, unless
621	the context otherwise requires:
622	(12)  "Listed chemical" means any precursor chemical or
623	essential chemical named or described in s. 893.033.
624	Section 13.  For the purpose of incorporating the
625	amendments to sections 893.13 and 893.135, Florida Statutes, in
626	references thereto, subsection (1) of section 893.1351, Florida
627	Statutes, is reenacted to read:
628	893.1351  Lease or rent for the purpose of trafficking in a
629	controlled substance.--
630	(1)  A person may not lease or rent any place, structure,
631	or part thereof, trailer, or other conveyance, with the
632	knowledge that such place, structure, trailer, or conveyance
633	will be used for the purpose of trafficking in a controlled
634	substance, as provided in s. 893.135, or the sale of a
635	controlled substance, as provided in s. 893.13.
636	Section 14.  For the purpose of incorporating the
637	amendments to sections 893.13 and 893.135, Florida Statutes, in
638	references thereto, section 903.133, Florida Statutes, is
639	reenacted to read:
640	903.133  Bail on appeal; prohibited for certain felony
641	convictions.--Notwithstanding the provisions of s. 903.132, no
642	person adjudged guilty of a felony of the first degree for a
643	violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
644	806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
645	violation of s. 794.011(2) or (3), shall be admitted to bail
646	pending review either by posttrial motion or appeal.
647	Section 15.  For the purpose of incorporating the amendment
648	to section 893.135, Florida Statutes, in a reference thereto,
649	paragraph (c) of subsection (4) of section 907.041, Florida
650	Statutes, is reenacted to read:
651	907.041  Pretrial detention and release.--
652	(4)  PRETRIAL DETENTION.--
653	(c)  The court may order pretrial detention if it finds a
654	substantial probability, based on a defendant's past and present
655	patterns of behavior, the criteria in s. 903.046, and any other
656	relevant facts, that any of the following circumstances exists:
657	1.  The defendant has previously violated conditions of
658	release and that no further conditions of release are reasonably
659	likely to assure the defendant's appearance at subsequent
660	proceedings;
661	2.  The defendant, with the intent to obstruct the judicial
662	process, has threatened, intimidated, or injured any victim,
663	potential witness, juror, or judicial officer, or has attempted
664	or conspired to do so, and that no condition of release will
665	reasonably prevent the obstruction of the judicial process;
666	3.  The defendant is charged with trafficking in controlled
667	substances as defined by s. 893.135, that there is a substantial
668	probability that the defendant has committed the offense, and
669	that no conditions of release will reasonably assure the
670	defendant's appearance at subsequent criminal proceedings; or
671	4.  The defendant is charged with DUI manslaughter, as
672	defined by s. 316.193, and that there is a substantial
673	probability that the defendant committed the crime and that the
674	defendant poses a threat of harm to the community; conditions
675	that would support a finding by the court pursuant to this
676	subparagraph that the defendant poses a threat of harm to the
677	community include, but are not limited to, any of the following:
678	a.  The defendant has previously been convicted of any
679	crime under s. 316.193, or of any crime in any other state or
680	territory of the United States that is substantially similar to
681	any crime under s. 316.193;
682	b.  The defendant was driving with a suspended driver's
683	license when the charged crime was committed; or
684	c.  The defendant has previously been found guilty of, or
685	has had adjudication of guilt withheld for, driving while the
686	defendant's driver's license was suspended or revoked in
687	violation of s. 322.34;
688	5.  The defendant poses the threat of harm to the
689	community. The court may so conclude, if it finds that the
690	defendant is presently charged with a dangerous crime, that
691	there is a substantial probability that the defendant committed
692	such crime, that the factual circumstances of the crime indicate
693	a disregard for the safety of the community, and that there are
694	no conditions of release reasonably sufficient to protect the
695	community from the risk of physical harm to persons.
696	6.  The defendant was on probation, parole, or other
697	release pending completion of sentence or on pretrial release
698	for a dangerous crime at the time the current offense was
699	committed; or
700	7.  The defendant has violated one or more conditions of
701	pretrial release or bond for the offense currently before the
702	court and the violation, in the discretion of the court,
703	supports a finding that no conditions of release can reasonably
704	protect the community from risk of physical harm to persons or
705	assure the presence of the accused at trial.
706	Section 16.  For the purpose of incorporating the amendment
707	to section 893.135, Florida Statutes, in references thereto,
708	paragraphs (g) and  (i) of subsection (3) of section 921.0022,
709	Florida Statutes, are reenacted to read:
710	921.0022  Criminal Punishment Code; offense severity
711	ranking chart.--
712	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
713
	(g)  LEVEL 7
714
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
715
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
716
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
717
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
718
	409.920(2) 3rd Medicaid provider fraud.
719
	456.065(2) 3rd Practicing a health care profession without a license.
720
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
721
	458.327(1) 3rd Practicing medicine without a license.
722
	459.013(1) 3rd Practicing osteopathic medicine without a license.
723
	460.411(1) 3rd Practicing chiropractic medicine without a license.
724
	461.012(1) 3rd Practicing podiatric medicine without a license.
725
	462.17 3rd Practicing naturopathy without a license.
726
	463.015(1) 3rd Practicing optometry without a license.
727
	464.016(1) 3rd Practicing nursing without a license.
728
	465.015(2) 3rd Practicing pharmacy without a license.
729
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
730
	467.201 3rd Practicing midwifery without a license.
731
	468.366 3rd Delivering respiratory care services without a license.
732
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
733
	483.901(9) 3rd Practicing medical physics without a license.
734
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
735
	484.053 3rd Dispensing hearing aids without a license.
736
	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.
737
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
738
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
739
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
740
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
741
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
742
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
743
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
744
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
745
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
746
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
747
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
748
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
749
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
750
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
751
	784.081(1) 1st Aggravated battery on specified official or employee.
752
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
753
	784.083(1) 1st Aggravated battery on code inspector.
754
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
755
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
756
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
757
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
758
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
759
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
760
	796.03 2nd Procuring any person under 16 years for prostitution.
761
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
762
	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.
763
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
764
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
765
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
766
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
767
	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.
768
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
769
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
770
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
771
	812.131(2)(a) 2nd Robbery by sudden snatching.
772
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
773
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
774
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
775
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
776
	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.
777
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
778
	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.
779
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
780
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
781
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
782
	838.015 2nd Bribery.
783
	838.016 2nd Unlawful compensation or reward for official behavior.
784
	838.021(3)(a) 2nd Unlawful harm to a public servant.
785
	838.22 2nd Bid tampering.
786
	872.06 2nd Abuse of a dead human body.
787
	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.
788
	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.
789
	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).
790
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
791
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
792
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
793
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
794
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
795
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
796
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
797
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
798
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
799
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
800
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
801
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
802
	(i)  LEVEL 9
803
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
804
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
805
	499.0053 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
806
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
807
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
808
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
809
	775.0844 1st Aggravated white collar crime.
810
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
811
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
812
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
813
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
814
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
815
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
816
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
817
	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.
818
	790.161 1st Attempted capital destructive device offense.
819
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
820
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
821
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
822
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
823
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
824
	800.04(5)(b) 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
825
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
826
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
827
	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.
828
	827.03(2) 1st Aggravated child abuse.
829
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
830
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
831
	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.
832
	893.135 1st Attempted capital trafficking offense.
833
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
834
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
835
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
836
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
837
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
838
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
839
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
840
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
841
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
842
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
843
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
844
845	Section 17.  For the purpose of incorporating the amendment
846	to section 893.135, Florida Statutes, in references thereto,
847	subsection (1) of section 921.0024, Florida Statutes, is
848	reenacted to read:
849	921.0024  Criminal Punishment Code; worksheet computations;
850	scoresheets.--
851	(1)(a)  The Criminal Punishment Code worksheet is used to
852	compute the subtotal and total sentence points as follows:
853
854	FLORIDA CRIMINAL PUNISHMENT CODE
855	WORKSHEET
856
857	OFFENSE SCORE
858
859	Primary Offense
	Primary OffenseLevel Sentence Points Total
860
861
862
	10 116 = _____
863
	9 92 = _____
864
	8 74 = _____
865
	7 56 = _____
866
	6 36 = _____
867
	5 28 = _____
868
	4 22 = _____
869
	3 16 = _____
870
	2 10 = _____
871
	1 4 = _____
872
873
	Total
874
875
876	Additional Offenses
	Additional OffensesLevel Sentence Points Counts Total
877
878
879
	10 58 x _____ = _____
880
	9 46 x _____ = _____
881
	8 37 x _____ = _____
882
	7 28 x _____ = _____
883
	6 18 x _____ = _____
884
	5 5.4 x _____ = _____
885
	4 3.6 x _____ = _____
886
	3 2.4 x _____ = _____
887
	2 1.2 x _____ = _____
888
	1 0.7 x _____ = _____
889
	M 0.2 x _____ = _____
890
891
	Total
892
893
894	Victim Injury
	Victim InjuryLevel Sentence Points Number Total
895
896
897
	2nd degree  murder-  death 240 x _____ = _____
898
	Death 120 x _____ = _____
899
	Severe 40 x _____ = _____
900
	Moderate 18 x _____ = _____
901
	Slight 4 x _____ = _____
902
	Sexual  Penetration 80 x _____ = _____
903
	Sexual contact 40 x _____ = _____
904
905
	Total
906
907
908	Primary Offense + Additional Offenses + Victim Injury =
909	TOTAL OFFENSE SCORE
910
911	PRIOR RECORD SCORE
912
913	Prior Record
	Prior RecordLevel Sentence Points Number Total
914
915
916
	10 29 x _____ = _____
917
	9 23 x _____ = _____
918
	8 19 x _____ = _____
919
	7 14 x _____ = _____
920
	6 9 x _____ = _____
921
	5 3.6 x _____ = _____
922
	4 2.4 x _____ = _____
923
	3 1.6 x _____ = _____
924
	2 0.8 x _____ = _____
925
	1 0.5 x _____ = _____
926
	M 0.2 x _____ = _____
927
928
	Total
929
930
931	TOTAL OFFENSE SCORE
932	TOTAL PRIOR RECORD SCORE
933
934	LEGAL STATUS
935	COMMUNITY SANCTION VIOLATION
936	PRIOR SERIOUS FELONY
937	PRIOR CAPITAL FELONY
938	FIREARM OR SEMIAUTOMATIC WEAPON
939	SUBTOTAL__________
940
941	PRISON RELEASEE REOFFENDER (no)(yes)
942	VIOLENT CAREER CRIMINAL (no)(yes)
943	HABITUAL VIOLENT OFFENDER (no)(yes)
944	HABITUAL OFFENDER (no)(yes)
945	DRUG TRAFFICKER (no)(yes) (x multiplier)
946	LAW ENF. PROTECT. (no)(yes) (x multiplier)
947	MOTOR VEHICLE THEFT (no)(yes) (x multiplier)
948	CRIMINAL STREET GANG OFFENSE (no)(yes) (x multiplier)
949	DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
950	(x multiplier)
951
952	TOTAL SENTENCE POINTS__________
953
954	(b)  WORKSHEET KEY:
955
956	Legal status points are assessed when any form of legal status
957	existed at the time the offender committed an offense before the
958	court for sentencing. Four (4) sentence points are assessed for
959	an offender's legal status.
960
961	Community sanction violation points are assessed when a
962	community sanction violation is before the court for sentencing.
963	Six (6) sentence points are assessed for each community sanction
964	violation, and each successive community sanction violation;
965	however, if the community sanction violation includes a new
966	felony conviction before the sentencing court, twelve (12)
967	community sanction violation points are assessed for such
968	violation, and for each successive community sanction violation
969	involving a new felony conviction. Multiple counts of community
970	sanction violations before the sentencing court shall not be a
971	basis for multiplying the assessment of community sanction
972	violation points.
973
974	Prior serious felony points: If the offender has a primary
975	offense or any additional offense ranked in level 8, level 9, or
976	level 10, and one or more prior serious felonies, a single
977	assessment of 30 points shall be added. For purposes of this
978	section, a prior serious felony is an offense in the offender's
979	prior record that is ranked in level 8, level 9, or level 10
980	under s. 921.0022 or s. 921.0023 and for which the offender is
981	serving a sentence of confinement, supervision, or other
982	sanction or for which the offender's date of release from
983	confinement, supervision, or other sanction, whichever is later,
984	is within 3 years before the date the primary offense or any
985	additional offense was committed.
986
987	Prior capital felony points: If the offender has one or more
988	prior capital felonies in the offender's criminal record, points
989	shall be added to the subtotal sentence points of the offender
990	equal to twice the number of points the offender receives for
991	the primary offense and any additional offense. A prior capital
992	felony in the offender's criminal record is a previous capital
993	felony offense for which the offender has entered a plea of nolo
994	contendere or guilty or has been found guilty; or a felony in
995	another jurisdiction which is a capital felony in that
996	jurisdiction, or would be a capital felony if the offense were
997	committed in this state.
998
999	Possession of a firearm, semiautomatic firearm, or machine gun:
1000	If the offender is convicted of committing or attempting to
1001	commit any felony other than those enumerated in s. 775.087(2)
1002	while having in his or her possession: a firearm as defined in
1003	s. 790.001(6), an additional 18 sentence points are assessed; or
1004	if the offender is convicted of committing or attempting to
1005	commit any felony other than those enumerated in s. 775.087(3)
1006	while having in his or her possession a semiautomatic firearm as
1007	defined in s. 775.087(3) or a machine gun as defined in s.
1008	790.001(9), an additional 25 sentence points are assessed.
1009
1010	Sentencing multipliers:
1011
1012	Drug trafficking: If the primary offense is drug trafficking
1013	under s. 893.135, the subtotal sentence points are multiplied,
1014	at the discretion of the court, for a level 7 or level 8
1015	offense, by 1.5. The state attorney may move the sentencing
1016	court to reduce or suspend the sentence of a person convicted of
1017	a level 7 or level 8 offense, if the offender provides
1018	substantial assistance as described in s. 893.135(4).
1019
1020	Law enforcement protection: If the primary offense is a
1021	violation of the Law Enforcement Protection Act under s.
1022	775.0823(2), the subtotal sentence points are multiplied by 2.5.
1023	If the primary offense is a violation of s. 775.0823(3), (4),
1024	(5), (6), (7), or (8), the subtotal sentence points are
1025	multiplied by 2.0. If the primary offense is a violation of s.
1026	784.07(3) or s. 775.0875(1), or of the Law Enforcement
1027	Protection Act under s. 775.0823(9) or (10), the subtotal
1028	sentence points are multiplied by 1.5.
1029
1030	Grand theft of a motor vehicle: If the primary offense is grand
1031	theft of the third degree involving a motor vehicle and in the
1032	offender's prior record, there are three or more grand thefts of
1033	the third degree involving a motor vehicle, the subtotal
1034	sentence points are multiplied by 1.5.
1035
1036	Offense related to a criminal street gang: If the offender is
1037	convicted of the primary offense and committed that offense for
1038	the purpose of benefiting, promoting, or furthering the
1039	interests of a criminal street gang as prohibited under s.
1040	874.04, the subtotal sentence points are multiplied by 1.5.
1041
1042	Domestic violence in the presence of a child: If the offender is
1043	convicted of the primary offense and the primary offense is a
1044	crime of domestic violence, as defined in s. 741.28, which was
1045	committed in the presence of a child under 16 years of age who
1046	is a family household member as defined in s. 741.28(2) with the
1047	victim or perpetrator, the subtotal sentence points are
1048	multiplied by 1.5.
1049	Section 18.  For the purpose of incorporating the amendment
1050	to section 893.135, Florida Statutes, in a reference thereto,
1051	subsection (2) of section 921.142, Florida Statutes, is
1052	reenacted to read:
1053	921.142  Sentence of death or life imprisonment for capital
1054	drug trafficking felonies; further proceedings to determine
1055	sentence.--
1056	(2)  SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--Upon
1057	conviction or adjudication of guilt of a defendant of a capital
1058	felony under s. 893.135, the court shall conduct a separate
1059	sentencing proceeding to determine whether the defendant should
1060	be sentenced to death or life imprisonment as authorized by s.
1061	775.082. The proceeding shall be conducted by the trial judge
1062	before the trial jury as soon as practicable. If, through
1063	impossibility or inability, the trial jury is unable to
1064	reconvene for a hearing on the issue of penalty, having
1065	determined the guilt of the accused, the trial judge may summon
1066	a special juror or jurors as provided in chapter 913 to
1067	determine the issue of the imposition of the penalty. If the
1068	trial jury has been waived, or if the defendant pleaded guilty,
1069	the sentencing proceeding shall be conducted before a jury
1070	impaneled for that purpose, unless waived by the defendant. In
1071	the proceeding, evidence may be presented as to any matter that
1072	the court deems relevant to the nature of the crime and the
1073	character of the defendant and shall include matters relating to
1074	any of the aggravating or mitigating circumstances enumerated in
1075	subsections (6) and (7). Any such evidence which the court deems
1076	to have probative value may be received, regardless of its
1077	admissibility under the exclusionary rules of evidence, provided
1078	the defendant is accorded a fair opportunity to rebut any
1079	hearsay statements. However, this subsection shall not be
1080	construed to authorize the introduction of any evidence secured
1081	in violation of the Constitution of the United States or the
1082	Constitution of the State of Florida. The state and the
1083	defendant or the defendant's counsel shall be permitted to
1084	present argument for or against sentence of death.
1085	Section 19.  For the purpose of incorporating the amendment
1086	to section 893.13, Florida Statutes, in references thereto,
1087	subsection (1) of section 921.187, Florida Statutes, is
1088	reenacted to read:
1089	921.187  Disposition and sentencing; alternatives;
1090	restitution.--
1091	(1)  The alternatives provided in this section for the
1092	disposition of criminal cases shall be used in a manner that
1093	will best serve the needs of society, punish criminal offenders,
1094	and provide the opportunity for rehabilitation.
1095	(a)  If the offender does not receive a state prison
1096	sentence, the court may:
1097	1.  Impose a split sentence whereby the offender is to be
1098	placed on probation upon completion of any specified period of
1099	such sentence, which period may include a term of years or less.
1100	2.  Make any other disposition that is authorized by law.
1101	3.  Place the offender on probation with or without an
1102	adjudication of guilt pursuant to s. 948.01.
1103	4.  Impose a fine and probation pursuant to s. 948.011 when
1104	the offense is punishable by both a fine and imprisonment and
1105	probation is authorized.
1106	5.  Place the offender into community control requiring
1107	intensive supervision and surveillance pursuant to chapter 948.
1108	6.  Impose, as a condition of probation or community
1109	control, a period of treatment which shall be restricted to a
1110	county facility, a Department of Corrections probation and
1111	restitution center, a probation program drug punishment
1112	treatment community, or a community residential or
1113	nonresidential facility, excluding a community correctional
1114	center as defined in s. 944.026, which is owned and operated by
1115	any qualified public or private entity providing such services.
1116	Before admission to such a facility, the court shall obtain an
1117	individual assessment and recommendations on the appropriate
1118	treatment needs, which shall be considered by the court in
1119	ordering such placements. Placement in such a facility, except
1120	for a county residential probation facility, may not exceed 364
1121	days. Placement in a county residential probation facility may
1122	not exceed 3 years. Early termination of placement may be
1123	recommended to the court, when appropriate, by the center
1124	supervisor, the supervising probation officer, or the probation
1125	program manager.
1126	7.  Sentence the offender pursuant to s. 922.051 to
1127	imprisonment in a county jail when a statute directs
1128	imprisonment in a state prison, if the offender's cumulative
1129	sentence, whether from the same circuit or from separate
1130	circuits, is not more than 364 days.
1131	8.  Sentence the offender who is to be punished by
1132	imprisonment in a county jail to a jail in another county if
1133	there is no jail within the county suitable for such prisoner
1134	pursuant to s. 950.01.
1135	9.  Require the offender to participate in a work-release
1136	or educational or technical training program pursuant to s.
1137	951.24 while serving a sentence in a county jail, if such a
1138	program is available.
1139	10.  Require the offender to perform a specified public
1140	service pursuant to s. 775.091.
1141	11.  Require the offender who violates chapter 893 or
1142	violates any law while under the influence of a controlled
1143	substance or alcohol to participate in a substance abuse
1144	program.
1145	12.a.  Require the offender who violates any criminal
1146	provision of chapter 893 to pay an additional assessment in an
1147	amount up to the amount of any fine imposed, pursuant to ss.
1148	938.21 and 938.23.
1149	b.  Require the offender who violates any provision of s.
1150	893.13 to pay an additional assessment in an amount of $100,
1151	pursuant to ss. 938.25 and 943.361.
1152	13.  Impose a split sentence whereby the offender is to be
1153	placed in a county jail or county work camp upon the completion
1154	of any specified term of community supervision.
1155	14.  Impose split probation whereby upon satisfactory
1156	completion of half the term of probation, the Department of
1157	Corrections may place the offender on administrative probation
1158	pursuant to s. 948.01 for the remainder of the term of
1159	supervision.
1160	15.  Require residence in a state probation and restitution
1161	center or private drug treatment program for offenders on
1162	community control or offenders who have violated conditions of
1163	probation.
1164	16.  Impose any other sanction which is provided within the
1165	community and approved as an intermediate sanction by the county
1166	public safety coordinating council as described in s. 951.26.
1167	17.  Impose, as a condition of community control,
1168	probation, or probation following incarceration, a requirement
1169	that an offender who has not obtained a high school diploma or
1170	high school equivalency diploma or who lacks basic or functional
1171	literacy skills, upon acceptance by an adult education program,
1172	make a good faith effort toward completion of such basic or
1173	functional literacy skills or high school equivalency diploma,
1174	as defined in s. 1003.435, in accordance with the assessed adult
1175	general education needs of the individual offender.
1176	(b)1.  Notwithstanding any provision of former s. 921.001
1177	or s. 921.002 to the contrary, on or after October 1, 1993, the
1178	court may require any defendant who violates s. 893.13(1)(a)1.,
1179	(1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and meets the criteria
1180	described in s. 893.13(10), to successfully complete a term of
1181	probation pursuant to the terms and conditions set forth in s.
1182	948.034(1), in lieu of serving a term of imprisonment.
1183	2.  Notwithstanding any provision of former s. 921.001 or
1184	s. 921.002 to the contrary, on or after October 1, 1993, the
1185	court may require any defendant who violates s. 893.13(1)(a)2.,
1186	(2)(a)2., (5)(b), or (6)(a), and meets the criteria described in
1187	s. 893.13(11), to successfully complete a term of probation
1188	pursuant to the terms and conditions set forth in s. 948.034(2),
1189	in lieu of serving a term of imprisonment.
1190	Section 20.  For the purpose of incorporating the amendment
1191	to section 893.13, Florida Statutes, in a reference thereto,
1192	section 938.25, Florida Statutes, is reenacted to read:
1193	938.25  Operating Trust Fund of the Department of Law
1194	Enforcement.--Notwithstanding any provision to the contrary of
1195	the laws of this state, the court may assess any defendant who
1196	pleads guilty or nolo contendere to, or is convicted of, a
1197	violation of any provision of s. 893.13, without regard to
1198	whether adjudication was withheld, in addition to any fine and
1199	other penalty provided or authorized by law, an amount of $100,
1200	to be paid to the clerk of the court, who shall forward it to
1201	the Department of Revenue for deposit in the Operating Trust
1202	Fund of the Department of Law Enforcement to be used by the
1203	statewide criminal analysis laboratory system for the purposes
1204	specified in s. 943.361. The court is authorized to order a
1205	defendant to pay an additional assessment if it finds that the
1206	defendant has the ability to pay the fine and the additional
1207	assessment and will not be prevented thereby from being
1208	rehabilitated or from making restitution.
1209	Section 21.  For the purpose of incorporating the amendment
1210	to section 893.135, Florida Statutes, in references thereto,
1211	section 943.0585, Florida Statutes, is reenacted to read:
1212	943.0585  Court-ordered expunction of criminal history
1213	records.--The courts of this state have jurisdiction over their
1214	own procedures, including the maintenance, expunction, and
1215	correction of judicial records containing criminal history
1216	information to the extent such procedures are not inconsistent
1217	with the conditions, responsibilities, and duties established by
1218	this section. Any court of competent jurisdiction may order a
1219	criminal justice agency to expunge the criminal history record
1220	of a minor or an adult who complies with the requirements of
1221	this section. The court shall not order a criminal justice
1222	agency to expunge a criminal history record until the person
1223	seeking to expunge a criminal history record has applied for and
1224	received a certificate of eligibility for expunction pursuant to
1225	subsection (2). A criminal history record that relates to a
1226	violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
1227	817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
1228	847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
1229	s. 907.041 may not be expunged, without regard to whether
1230	adjudication was withheld, if the defendant was found guilty of
1231	or pled guilty or nolo contendere to the offense, or if the
1232	defendant, as a minor, was found to have committed, or pled
1233	guilty or nolo contendere to committing, the offense as a
1234	delinquent act. The court may only order expunction of a
1235	criminal history record pertaining to one arrest or one incident
1236	of alleged criminal activity, except as provided in this
1237	section. The court may, at its sole discretion, order the
1238	expunction of a criminal history record pertaining to more than
1239	one arrest if the additional arrests directly relate to the
1240	original arrest. If the court intends to order the expunction of
1241	records pertaining to such additional arrests, such intent must
1242	be specified in the order. A criminal justice agency may not
1243	expunge any record pertaining to such additional arrests if the
1244	order to expunge does not articulate the intention of the court
1245	to expunge a record pertaining to more than one arrest. This
1246	section does not prevent the court from ordering the expunction
1247	of only a portion of a criminal history record pertaining to one
1248	arrest or one incident of alleged criminal activity.
1249	Notwithstanding any law to the contrary, a criminal justice
1250	agency may comply with laws, court orders, and official requests
1251	of other jurisdictions relating to expunction, correction, or
1252	confidential handling of criminal history records or information
1253	derived therefrom. This section does not confer any right to the
1254	expunction of any criminal history record, and any request for
1255	expunction of a criminal history record may be denied at the
1256	sole discretion of the court.
1257	(1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
1258	petition to a court to expunge a criminal history record is
1259	complete only when accompanied by:
1260	(a)  A certificate of eligibility for expunction issued by
1261	the department pursuant to subsection (2).
1262	(b)  The petitioner's sworn statement attesting that the
1263	petitioner:
1264	1.  Has never, prior to the date on which the petition is
1265	filed, been adjudicated guilty of a criminal offense or
1266	comparable ordinance violation or adjudicated delinquent for
1267	committing a felony or a misdemeanor specified in s.
1268	943.051(3)(b).
1269	2.  Has not been adjudicated guilty of, or adjudicated
1270	delinquent for committing, any of the acts stemming from the
1271	arrest or alleged criminal activity to which the petition
1272	pertains.
1273	3.  Has never secured a prior sealing or expunction of a
1274	criminal history record under this section, former s. 893.14,
1275	former s. 901.33, or former s. 943.058, or from any jurisdiction
1276	outside the state.
1277	4.  Is eligible for such an expunction to the best of his
1278	or her knowledge or belief and does not have any other petition
1279	to expunge or any petition to seal pending before any court.
1280
1281	Any person who knowingly provides false information on such
1282	sworn statement to the court commits a felony of the third
1283	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1284	775.084.
1285	(2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
1286	petitioning the court to expunge a criminal history record, a
1287	person seeking to expunge a criminal history record shall apply
1288	to the department for a certificate of eligibility for
1289	expunction. The department shall, by rule adopted pursuant to
1290	chapter 120, establish procedures pertaining to the application
1291	for and issuance of certificates of eligibility for expunction.
1292	The department shall issue a certificate of eligibility for
1293	expunction to a person who is the subject of a criminal history
1294	record if that person:
1295	(a)  Has obtained, and submitted to the department, a
1296	written, certified statement from the appropriate state attorney
1297	or statewide prosecutor which indicates:
1298	1.  That an indictment, information, or other charging
1299	document was not filed or issued in the case.
1300	2.  That an indictment, information, or other charging
1301	document, if filed or issued in the case, was dismissed or nolle
1302	prosequi by the state attorney or statewide prosecutor, or was
1303	dismissed by a court of competent jurisdiction.
1304	3.  That the criminal history record does not relate to a
1305	violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
1306	817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
1307	847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
1308	s. 907.041, where the defendant was found guilty of, or pled
1309	guilty or nolo contendere to any such offense, or that the
1310	defendant, as a minor, was found to have committed, or pled
1311	guilty or nolo contendere to committing, such an offense as a
1312	delinquent act, without regard to whether adjudication was
1313	withheld.
1314	(b)  Remits a $75 processing fee to the department for
1315	placement in the Department of Law Enforcement Operating Trust
1316	Fund, unless such fee is waived by the executive director.
1317	(c)  Has submitted to the department a certified copy of
1318	the disposition of the charge to which the petition to expunge
1319	pertains.
1320	(d)  Has never, prior to the date on which the application
1321	for a certificate of eligibility is filed, been adjudicated
1322	guilty of a criminal offense or comparable ordinance violation
1323	or adjudicated delinquent for committing a felony or a
1324	misdemeanor specified in s. 943.051(3)(b).
1325	(e)  Has not been adjudicated guilty of, or adjudicated
1326	delinquent for committing, any of the acts stemming from the
1327	arrest or alleged criminal activity to which the petition to
1328	expunge pertains.
1329	(f)  Has never secured a prior sealing or expunction of a
1330	criminal history record under this section, former s. 893.14,
1331	former s. 901.33, or former s. 943.058.
1332	(g)  Is no longer under court supervision applicable to the
1333	disposition of the arrest or alleged criminal activity to which
1334	the petition to expunge pertains.
1335	(h)  Is not required to wait a minimum of 10 years prior to
1336	being eligible for an expunction of such records because all
1337	charges related to the arrest or criminal activity to which the
1338	petition to expunge pertains were dismissed prior to trial,
1339	adjudication, or the withholding of adjudication. Otherwise,
1340	such criminal history record must be sealed under this section,
1341	former s. 893.14, former s. 901.33, or former s. 943.058 for at
1342	least 10 years before such record is eligible for expunction.
1343	(3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
1344	(a)  In judicial proceedings under this section, a copy of
1345	the completed petition to expunge shall be served upon the
1346	appropriate state attorney or the statewide prosecutor and upon
1347	the arresting agency; however, it is not necessary to make any
1348	agency other than the state a party. The appropriate state
1349	attorney or the statewide prosecutor and the arresting agency
1350	may respond to the court regarding the completed petition to
1351	expunge.
1352	(b)  If relief is granted by the court, the clerk of the
1353	court shall certify copies of the order to the appropriate state
1354	attorney or the statewide prosecutor and the arresting agency.
1355	The arresting agency is responsible for forwarding the order to
1356	any other agency to which the arresting agency disseminated the
1357	criminal history record information to which the order pertains.
1358	The department shall forward the order to expunge to the Federal
1359	Bureau of Investigation. The clerk of the court shall certify a
1360	copy of the order to any other agency which the records of the
1361	court reflect has received the criminal history record from the
1362	court.
1363	(c)  For an order to expunge entered by a court prior to
1364	July 1, 1992, the department shall notify the appropriate state
1365	attorney or statewide prosecutor of an order to expunge which is
1366	contrary to law because the person who is the subject of the
1367	record has previously been convicted of a crime or comparable
1368	ordinance violation or has had a prior criminal history record
1369	sealed or expunged. Upon receipt of such notice, the appropriate
1370	state attorney or statewide prosecutor shall take action, within
1371	60 days, to correct the record and petition the court to void
1372	the order to expunge. The department shall seal the record until
1373	such time as the order is voided by the court.
1374	(d)  On or after July 1, 1992, the department or any other
1375	criminal justice agency is not required to act on an order to
1376	expunge entered by a court when such order does not comply with
1377	the requirements of this section. Upon receipt of such an order,
1378	the department must notify the issuing court, the appropriate
1379	state attorney or statewide prosecutor, the petitioner or the
1380	petitioner's attorney, and the arresting agency of the reason
1381	for noncompliance. The appropriate state attorney or statewide
1382	prosecutor shall take action within 60 days to correct the
1383	record and petition the court to void the order. No cause of
1384	action, including contempt of court, shall arise against any
1385	criminal justice agency for failure to comply with an order to
1386	expunge when the petitioner for such order failed to obtain the
1387	certificate of eligibility as required by this section or such
1388	order does not otherwise comply with the requirements of this
1389	section.
1390	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
1391	criminal history record of a minor or an adult which is ordered
1392	expunged by a court of competent jurisdiction pursuant to this
1393	section must be physically destroyed or obliterated by any
1394	criminal justice agency having custody of such record; except
1395	that any criminal history record in the custody of the
1396	department must be retained in all cases. A criminal history
1397	record ordered expunged that is retained by the department is
1398	confidential and exempt from the provisions of s. 119.07(1) and
1399	s. 24(a), Art. I of the State Constitution and not available to
1400	any person or entity except upon order of a court of competent
1401	jurisdiction. A criminal justice agency may retain a notation
1402	indicating compliance with an order to expunge.
1403	(a)  The person who is the subject of a criminal history
1404	record that is expunged under this section or under other
1405	provisions of law, including former s. 893.14, former s. 901.33,
1406	and former s. 943.058, may lawfully deny or fail to acknowledge
1407	the arrests covered by the expunged record, except when the
1408	subject of the record:
1409	1.  Is a candidate for employment with a criminal justice
1410	agency;
1411	2.  Is a defendant in a criminal prosecution;
1412	3.  Concurrently or subsequently petitions for relief under
1413	this section or s. 943.059;
1414	4.  Is a candidate for admission to The Florida Bar;
1415	5.  Is seeking to be employed or licensed by or to contract
1416	with the Department of Children and Family Services or the
1417	Department of Juvenile Justice or to be employed or used by such
1418	contractor or licensee in a sensitive position having direct
1419	contact with children, the developmentally disabled, the aged,
1420	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1421	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1422	409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or
1423	6.  Is seeking to be employed or licensed by the Office of
1424	Teacher Education, Certification, Staff Development, and
1425	Professional Practices of the Department of Education, any
1426	district school board, or any local governmental entity that
1427	licenses child care facilities.
1428	(b)  Subject to the exceptions in paragraph (a), a person
1429	who has been granted an expunction under this section, former s.
1430	893.14, former s. 901.33, or former s. 943.058 may not be held
1431	under any provision of law of this state to commit perjury or to
1432	be otherwise liable for giving a false statement by reason of
1433	such person's failure to recite or acknowledge an expunged
1434	criminal history record.
1435	(c)  Information relating to the existence of an expunged
1436	criminal history record which is provided in accordance with
1437	paragraph (a) is confidential and exempt from the provisions of
1438	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1439	except that the department shall disclose the existence of a
1440	criminal history record ordered expunged to the entities set
1441	forth in subparagraphs (a)1., 4., 5., and 6. for their
1442	respective licensing and employment purposes, and to criminal
1443	justice agencies for their respective criminal justice purposes.
1444	It is unlawful for any employee of an entity set forth in
1445	subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
1446	subparagraph (a)6. to disclose information relating to the
1447	existence of an expunged criminal history record of a person
1448	seeking employment or licensure with such entity or contractor,
1449	except to the person to whom the criminal history record relates
1450	or to persons having direct responsibility for employment or
1451	licensure decisions. Any person who violates this paragraph
1452	commits a misdemeanor of the first degree, punishable as
1453	provided in s. 775.082 or s. 775.083.
1454	(5)  STATUTORY REFERENCES.--Any reference to any other
1455	chapter, section, or subdivision of the Florida Statutes in this
1456	section constitutes a general reference under the doctrine of
1457	incorporation by reference.
1458	Section 22.  For the purpose of incorporating the amendment
1459	to section 893.135, Florida Statutes, in references thereto,
1460	Section 943.059, Florida Statutes, is reenacted to read:
1461	943.059  Court-ordered sealing of criminal history
1462	records.--The courts of this state shall continue to have
1463	jurisdiction over their own procedures, including the
1464	maintenance, sealing, and correction of judicial records
1465	containing criminal history information to the extent such
1466	procedures are not inconsistent with the conditions,
1467	responsibilities, and duties established by this section. Any
1468	court of competent jurisdiction may order a criminal justice
1469	agency to seal the criminal history record of a minor or an
1470	adult who complies with the requirements of this section. The
1471	court shall not order a criminal justice agency to seal a
1472	criminal history record until the person seeking to seal a
1473	criminal history record has applied for and received a
1474	certificate of eligibility for sealing pursuant to subsection
1475	(2). A criminal history record that relates to a violation of s.
1476	787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
1477	825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
1478	847.0145, s. 893.135, or a violation enumerated in s. 907.041
1479	may not be sealed, without regard to whether adjudication was
1480	withheld, if the defendant was found guilty of or pled guilty or
1481	nolo contendere to the offense, or if the defendant, as a minor,
1482	was found to have committed or pled guilty or nolo contendere to
1483	committing the offense as a delinquent act. The court may only
1484	order sealing of a criminal history record pertaining to one
1485	arrest or one incident of alleged criminal activity, except as
1486	provided in this section. The court may, at its sole discretion,
1487	order the sealing of a criminal history record pertaining to
1488	more than one arrest if the additional arrests directly relate
1489	to the original arrest. If the court intends to order the
1490	sealing of records pertaining to such additional arrests, such
1491	intent must be specified in the order. A criminal justice agency
1492	may not seal any record pertaining to such additional arrests if
1493	the order to seal does not articulate the intention of the court
1494	to seal records pertaining to more than one arrest. This section
1495	does not prevent the court from ordering the sealing of only a
1496	portion of a criminal history record pertaining to one arrest or
1497	one incident of alleged criminal activity. Notwithstanding any
1498	law to the contrary, a criminal justice agency may comply with
1499	laws, court orders, and official requests of other jurisdictions
1500	relating to sealing, correction, or confidential handling of
1501	criminal history records or information derived therefrom. This
1502	section does not confer any right to the sealing of any criminal
1503	history record, and any request for sealing a criminal history
1504	record may be denied at the sole discretion of the court.
1505	(1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
1506	petition to a court to seal a criminal history record is
1507	complete only when accompanied by:
1508	(a)  A certificate of eligibility for sealing issued by the
1509	department pursuant to subsection (2).
1510	(b)  The petitioner's sworn statement attesting that the
1511	petitioner:
1512	1.  Has never, prior to the date on which the petition is
1513	filed, been adjudicated guilty of a criminal offense or
1514	comparable ordinance violation or adjudicated delinquent for
1515	committing a felony or a misdemeanor specified in s.
1516	943.051(3)(b).
1517	2.  Has not been adjudicated guilty of or adjudicated
1518	delinquent for committing any of the acts stemming from the
1519	arrest or alleged criminal activity to which the petition to
1520	seal pertains.
1521	3.  Has never secured a prior sealing or expunction of a
1522	criminal history record under this section, former s. 893.14,
1523	former s. 901.33, former s. 943.058, or from any jurisdiction
1524	outside the state.
1525	4.  Is eligible for such a sealing to the best of his or
1526	her knowledge or belief and does not have any other petition to
1527	seal or any petition to expunge pending before any court.
1528
1529	Any person who knowingly provides false information on such
1530	sworn statement to the court commits a felony of the third
1531	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1532	775.084.
1533	(2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
1534	petitioning the court to seal a criminal history record, a
1535	person seeking to seal a criminal history record shall apply to
1536	the department for a certificate of eligibility for sealing. The
1537	department shall, by rule adopted pursuant to chapter 120,
1538	establish procedures pertaining to the application for and
1539	issuance of certificates of eligibility for sealing. The
1540	department shall issue a certificate of eligibility for sealing
1541	to a person who is the subject of a criminal history record
1542	provided that such person:
1543	(a)  Has submitted to the department a certified copy of
1544	the disposition of the charge to which the petition to seal
1545	pertains.
1546	(b)  Remits a $75 processing fee to the department for
1547	placement in the Department of Law Enforcement Operating Trust
1548	Fund, unless such fee is waived by the executive director.
1549	(c)  Has never, prior to the date on which the application
1550	for a certificate of eligibility is filed, been adjudicated
1551	guilty of a criminal offense or comparable ordinance violation
1552	or adjudicated delinquent for committing a felony or a
1553	misdemeanor specified in s. 943.051(3)(b).
1554	(d)  Has not been adjudicated guilty of or adjudicated
1555	delinquent for committing any of the acts stemming from the
1556	arrest or alleged criminal activity to which the petition to
1557	seal pertains.
1558	(e)  Has never secured a prior sealing or expunction of a
1559	criminal history record under this section, former s. 893.14,
1560	former s. 901.33, or former s. 943.058.
1561	(f)  Is no longer under court supervision applicable to the
1562	disposition of the arrest or alleged criminal activity to which
1563	the petition to seal pertains.
1564	(3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
1565	(a)  In judicial proceedings under this section, a copy of
1566	the completed petition to seal shall be served upon the
1567	appropriate state attorney or the statewide prosecutor and upon
1568	the arresting agency; however, it is not necessary to make any
1569	agency other than the state a party. The appropriate state
1570	attorney or the statewide prosecutor and the arresting agency
1571	may respond to the court regarding the completed petition to
1572	seal.
1573	(b)  If relief is granted by the court, the clerk of the
1574	court shall certify copies of the order to the appropriate state
1575	attorney or the statewide prosecutor and to the arresting
1576	agency. The arresting agency is responsible for forwarding the
1577	order to any other agency to which the arresting agency
1578	disseminated the criminal history record information to which
1579	the order pertains. The department shall forward the order to
1580	seal to the Federal Bureau of Investigation. The clerk of the
1581	court shall certify a copy of the order to any other agency
1582	which the records of the court reflect has received the criminal
1583	history record from the court.
1584	(c)  For an order to seal entered by a court prior to July
1585	1, 1992, the department shall notify the appropriate state
1586	attorney or statewide prosecutor of any order to seal which is
1587	contrary to law because the person who is the subject of the
1588	record has previously been convicted of a crime or comparable
1589	ordinance violation or has had a prior criminal history record
1590	sealed or expunged. Upon receipt of such notice, the appropriate
1591	state attorney or statewide prosecutor shall take action, within
1592	60 days, to correct the record and petition the court to void
1593	the order to seal. The department shall seal the record until
1594	such time as the order is voided by the court.
1595	(d)  On or after July 1, 1992, the department or any other
1596	criminal justice agency is not required to act on an order to
1597	seal entered by a court when such order does not comply with the
1598	requirements of this section. Upon receipt of such an order, the
1599	department must notify the issuing court, the appropriate state
1600	attorney or statewide prosecutor, the petitioner or the
1601	petitioner's attorney, and the arresting agency of the reason
1602	for noncompliance. The appropriate state attorney or statewide
1603	prosecutor shall take action within 60 days to correct the
1604	record and petition the court to void the order. No cause of
1605	action, including contempt of court, shall arise against any
1606	criminal justice agency for failure to comply with an order to
1607	seal when the petitioner for such order failed to obtain the
1608	certificate of eligibility as required by this section or when
1609	such order does not comply with the requirements of this
1610	section.
1611	(e)  An order sealing a criminal history record pursuant to
1612	this section does not require that such record be surrendered to
1613	the court, and such record shall continue to be maintained by
1614	the department and other criminal justice agencies.
1615	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
1616	history record of a minor or an adult which is ordered sealed by
1617	a court of competent jurisdiction pursuant to this section is
1618	confidential and exempt from the provisions of s. 119.07(1) and
1619	s. 24(a), Art. I of the State Constitution and is available only
1620	to the person who is the subject of the record, to the subject's
1621	attorney, to criminal justice agencies for their respective
1622	criminal justice purposes, or to those entities set forth in
1623	subparagraphs (a)1., 4., 5., and 6. for their respective
1624	licensing and employment purposes.
1625	(a)  The subject of a criminal history record sealed under
1626	this section or under other provisions of law, including former
1627	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1628	deny or fail to acknowledge the arrests covered by the sealed
1629	record, except when the subject of the record:
1630	1.  Is a candidate for employment with a criminal justice
1631	agency;
1632	2.  Is a defendant in a criminal prosecution;
1633	3.  Concurrently or subsequently petitions for relief under
1634	this section or s. 943.0585;
1635	4.  Is a candidate for admission to The Florida Bar;
1636	5.  Is seeking to be employed or licensed by or to contract
1637	with the Department of Children and Family Services or the
1638	Department of Juvenile Justice or to be employed or used by such
1639	contractor or licensee in a sensitive position having direct
1640	contact with children, the developmentally disabled, the aged,
1641	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1642	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1643	409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
1644	400; or
1645	6.  Is seeking to be employed or licensed by the Office of
1646	Teacher Education, Certification, Staff Development, and
1647	Professional Practices of the Department of Education, any
1648	district school board, or any local governmental entity which
1649	licenses child care facilities.
1650	(b)  Subject to the exceptions in paragraph (a), a person
1651	who has been granted a sealing under this section, former s.
1652	893.14, former s. 901.33, or former s. 943.058 may not be held
1653	under any provision of law of this state to commit perjury or to
1654	be otherwise liable for giving a false statement by reason of
1655	such person's failure to recite or acknowledge a sealed criminal
1656	history record.
1657	(c)  Information relating to the existence of a sealed
1658	criminal record provided in accordance with the provisions of
1659	paragraph (a) is confidential and exempt from the provisions of
1660	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1661	except that the department shall disclose the sealed criminal
1662	history record to the entities set forth in subparagraphs (a)1.,
1663	4., 5., and 6. for their respective licensing and employment
1664	purposes. It is unlawful for any employee of an entity set forth
1665	in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
1666	or subparagraph (a)6. to disclose information relating to the
1667	existence of a sealed criminal history record of a person
1668	seeking employment or licensure with such entity or contractor,
1669	except to the person to whom the criminal history record relates
1670	or to persons having direct responsibility for employment or
1671	licensure decisions. Any person who violates the provisions of
1672	this paragraph commits a misdemeanor of the first degree,
1673	punishable as provided in s. 775.082 or s. 775.083.
1674	(5)  STATUTORY REFERENCES.--Any reference to any other
1675	chapter, section, or subdivision of the Florida Statutes in this
1676	section constitutes a general reference under the doctrine of
1677	incorporation by reference.
1678	Section 23.  For the purpose of incorporating the amendment
1679	to section 893.13, Florida Statutes, in references thereto,
1680	subsections (1) and (2) of section 948.034, Florida Statutes,
1681	are reenacted to read:
1682	948.034  Terms and conditions of probation; community
1683	residential drug punishment centers.--
1684	(1)  On or after October 1, 1993, any person who violates
1685	s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a) may,
1686	in the discretion of the trial court, be required to
1687	successfully complete a term of probation in lieu of serving a
1688	term of imprisonment as required or authorized by s. 775.084,
1689	former s. 921.001, or s. 921.002, as follows:
1690	(a)  If the person has not previously been convicted of
1691	violating s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or
1692	(5)(a), adjudication may be withheld and the offender may be
1693	placed on probation for not less than 18 months, as a condition
1694	of which the court shall require the offender to reside at a
1695	community residential drug punishment center for 90 days. The
1696	offender must comply with all rules and regulations of the
1697	center and must pay a fee for the costs of room and board and
1698	residential supervision. Placement of an offender into a
1699	community residential drug punishment center is subject to
1700	budgetary considerations and availability of bed space. If the
1701	court requires the offender to reside at a community residential
1702	drug punishment center, the court shall also require the
1703	offender to comply with one or more of the other following terms
1704	and conditions:
1705	1.  Pay a fine of not less than $500 nor more than $10,000
1706	pursuant to s. 775.083(1)(c).
1707	2.  Enter, regularly attend, and successfully complete a
1708	substance abuse education program of at least 40 hours or a
1709	prescribed substance abuse treatment program provided by a
1710	treatment resource licensed pursuant to chapter 397 or by a
1711	hospital licensed pursuant to chapter 395, as specified by the
1712	court. In addition, the court may refer the offender to a
1713	licensed agency for substance abuse evaluation and, if
1714	appropriate, substance abuse treatment subject to the ability of
1715	the offender to pay for such evaluation and treatment. If such
1716	referral is made, the offender must comply and must pay for the
1717	reasonable cost of the evaluation and treatment.
1718	3.  Perform at least 100 hours of public service.
1719	4.  Submit to routine and random drug testing which may be
1720	conducted during the probationary period, with the reasonable
1721	costs thereof borne by the offender.
1722	5.  Participate, at his or her own expense, in an
1723	appropriate self-help group, such as Narcotics Anonymous,
1724	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1725	(b)  If the person has been previously convicted of one
1726	felony violation of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,
1727	(2)(a)1., or (5)(a), adjudication may not be withheld and the
1728	offender may be placed on probation for not less than 24 months,
1729	as a condition of which the court shall require the offender to
1730	reside at a community residential drug punishment center for 180
1731	days. The offender must comply with all rules and regulations of
1732	the center and must pay a fee for the costs of room and board
1733	and residential supervision. Placement of an offender into a
1734	community residential drug punishment center is subject to
1735	budgetary considerations and availability of bed space. If the
1736	court requires the offender to reside at a community residential
1737	drug punishment center, the court shall also require the
1738	offender to comply with one or more of the other following terms
1739	and conditions:
1740	1.  Pay a fine of not less than $1,000 nor more than
1741	$10,000 pursuant to s. 775.083(1)(c).
1742	2.  Enter, regularly attend, and successfully complete a
1743	substance abuse education program of at least 40 hours or a
1744	prescribed substance abuse treatment program provided by a
1745	treatment resource licensed pursuant to chapter 397 or by a
1746	hospital licensed pursuant to chapter 395, as specified by the
1747	court. In addition, the court may refer the offender to a
1748	licensed agency for substance abuse evaluation and, if
1749	appropriate, substance abuse treatment subject to the ability of
1750	the offender to pay for such evaluation and treatment. If such
1751	referral is made, the offender must comply and must pay for the
1752	reasonable cost of the evaluation and treatment.
1753	3.  Perform at least 200 hours of public service.
1754	4.  Submit to routine and random drug testing which may be
1755	conducted during the probationary period, with the reasonable
1756	costs thereof borne by the offender.
1757	5.  Participate, at his or her own expense, in an
1758	appropriate self-help group, such as Narcotics Anonymous,
1759	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1760	(c)  If the person has been previously convicted of two
1761	felony violations of s. 893.13(2)(a)1. or (5)(a), adjudication
1762	may not be withheld and the offender may be placed on probation
1763	for not less than 36 months, as a condition of which the court
1764	shall require the offender to reside at a community residential
1765	drug punishment center for 360 days. The offender must comply
1766	with all rules and regulations of the center and must pay a fee
1767	for the costs of room and board and residential supervision.
1768	Placement of an offender into a community residential drug
1769	punishment center is subject to budgetary considerations and
1770	availability of bed space. If the court requires the offender to
1771	reside at a community residential drug punishment center, the
1772	court shall also require the offender to comply with one or more
1773	of the other following terms and conditions:
1774	1.  Pay a fine of not less than $1,500 nor more than
1775	$10,000 pursuant to s. 775.083(1)(c).
1776	2.  Enter, regularly attend, and successfully complete a
1777	substance abuse education program of at least 40 hours or a
1778	prescribed substance abuse treatment program provided by a
1779	treatment resource licensed pursuant to chapter 397 or by a
1780	hospital licensed pursuant to chapter 395, as specified by the
1781	court. In addition, the court may refer the offender to a
1782	licensed agency for substance abuse evaluation and, if
1783	appropriate, substance abuse treatment subject to the ability of
1784	the offender to pay for such evaluation and treatment. If such
1785	referral is made, the offender must comply and must pay for the
1786	reasonable cost of the evaluation and treatment.
1787	3.  Perform at least 300 hours of public service.
1788	4.  Submit to routine and random drug testing which may be
1789	conducted during the probationary period, with the reasonable
1790	costs thereof borne by the offender.
1791	5.  Participate, at his or her own expense, in an
1792	appropriate self-help group, such as Narcotics Anonymous,
1793	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1794	(d)  An offender who violates probation imposed pursuant to
1795	this section shall be sentenced in accordance with s. 921.002.
1796	(2)  On or after October 1, 1993, any person who violates
1797	s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a) may, in the
1798	discretion of the trial court, be required to successfully
1799	complete a term of probation in lieu of serving a term of
1800	imprisonment as required or authorized by s. 775.084, former s.
1801	921.001, or s. 921.002, as follows:
1802	(a)  If the person has not previously been convicted of
1803	violating s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a),
1804	adjudication may be withheld and the offender shall be placed on
1805	probation for not less than 12 months, as a condition of which
1806	the court may require the offender to comply with one or more of
1807	the following terms and conditions:
1808	1.  Pay a fine of not less than $250 nor more than $5,000
1809	pursuant to s. 775.083(1)(c).
1810	2.  Enter, regularly attend, and successfully complete a
1811	substance abuse education program of at least 40 hours or a
1812	prescribed substance abuse treatment program provided by a
1813	treatment resource licensed pursuant to chapter 397 or by a
1814	hospital licensed pursuant to chapter 395, as specified by the
1815	court. In addition, the court may refer the offender to a
1816	licensed agency for substance abuse evaluation and, if
1817	appropriate, substance abuse treatment subject to the ability of
1818	the offender to pay for such evaluation and treatment. If such
1819	referral is made, the offender must comply and must pay for the
1820	reasonable cost of the evaluation and treatment.
1821	3.  Perform at least 50 hours of public service.
1822	4.  Submit to routine and random drug testing which may be
1823	conducted during the probationary period, with the reasonable
1824	costs thereof borne by the offender.
1825	5.  Participate, at his or her own expense, in an
1826	appropriate self-help group, such as Narcotics Anonymous,
1827	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1828	(b)  If the person has been previously convicted of one
1829	felony violation of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or
1830	(6)(a), adjudication may not be withheld and the offender may be
1831	placed on probation for not less than 18 months, as a condition
1832	of which the court shall require the offender to reside at a
1833	community residential drug punishment center for 90 days. The
1834	offender must comply with all rules and regulations of the
1835	center and must pay a fee for the costs of room and board and
1836	residential supervision. Placement of an offender into a
1837	community residential drug punishment center is subject to
1838	budgetary considerations and availability of bed space. If the
1839	court requires the offender to reside at a community residential
1840	drug punishment center, the court shall also require the
1841	offender to comply with one or more of the other following terms
1842	and conditions:
1843	1.  Pay a fine of not less than $500 nor more than $5,000
1844	pursuant to s. 775.083(1)(c).
1845	2.  Enter, regularly attend, and successfully complete a
1846	substance abuse intervention program of a least 80 hours
1847	provided by a treatment resource licensed pursuant to chapter
1848	397 or by a hospital licensed pursuant to chapter 395, as
1849	specified by the court. In addition, the court may refer the
1850	offender to a licensed agency for substance abuse evaluation
1851	and, if appropriate, substance abuse treatment subject to the
1852	ability of the offender to pay for such evaluation and
1853	treatment. If such referral is made, the offender must comply
1854	and must pay for the reasonable cost of the evaluation and
1855	treatment.
1856	3.  Perform at least 100 hours of public service.
1857	4.  Submit to routine and random drug testing which may be
1858	conducted during the probationary period, with the reasonable
1859	costs thereof borne by the offender.
1860	5.  Participate, at his or her own expense, in an
1861	appropriate self-help group, such as Narcotics Anonymous,
1862	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1863	(c)  If the person has been previously convicted of two
1864	felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
1865	adjudication may not be withheld and the offender may be placed
1866	on probation for not less than 24 months, as a condition of
1867	which the court shall require the offender to reside at a
1868	community residential drug punishment center for 120 days. The
1869	offender must comply with all rules and regulations of the
1870	center and must pay a fee for the costs of room and board and
1871	residential supervision. Placement of an offender into a
1872	community residential drug punishment center is subject to
1873	budgetary considerations and availability of bed space. If the
1874	court requires the offender to reside at a community residential
1875	drug punishment center, the court shall also require the
1876	offender to comply with one or more of the other following terms
1877	and conditions:
1878	1.  Pay a fine of not less than $1,000 nor more than $5,000
1879	pursuant to s. 775.083(1)(c).
1880	2.  Enter, regularly attend, and successfully complete a
1881	prescribed substance abuse treatment program provided by a
1882	treatment resource licensed pursuant to chapter 397 or by a
1883	hospital licensed pursuant to chapter 395, as specified by the
1884	court. In addition, the court may refer the offender to a
1885	licensed agency for substance abuse evaluation and, if
1886	appropriate, substance abuse treatment subject to the ability of
1887	the offender to pay for such evaluation and treatment. If such
1888	referral is made, the offender must comply and must pay for the
1889	reasonable cost of the evaluation and treatment.
1890	3.  Perform at least 150 hours of public service.
1891	4.  Submit to routine and random drug testing which may be
1892	conducted during the probationary period, with the reasonable
1893	costs thereof borne by the offender.
1894	5.  Participate, at his or her own expense, in an
1895	appropriate self-help group, such as Narcotics Anonymous,
1896	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1897	(d)  If the person has been previously convicted of three
1898	felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
1899	adjudication may not be withheld and the offender may be placed
1900	on probation for not less than 30 months, as a condition of
1901	which the court shall require the offender to reside at a
1902	community residential drug punishment center for 200 days. The
1903	offender must comply with all rules and regulations of the
1904	center and must pay a fee for the costs of room and board and
1905	residential supervision. Placement of an offender into a
1906	community residential drug punishment center is subject to
1907	budgetary considerations and availability of bed space. If the
1908	court requires the offender to reside at a community residential
1909	drug punishment center, the court shall also require the
1910	offender to comply with one or more of the other following terms
1911	and conditions:
1912	1.  Pay a fine of not less than $1,500 nor more than $5,000
1913	pursuant to s. 775.083(1)(c).
1914	2.  Enter, regularly attend, and successfully complete a
1915	prescribed substance abuse treatment program provided by a
1916	treatment resource licensed pursuant to chapter 397 or by a
1917	hospital licensed pursuant to chapter 395, as specified by the
1918	court. In addition, the court may refer the offender to a
1919	licensed agency for substance abuse evaluation and, if
1920	appropriate, substance abuse treatment subject to the ability of
1921	the offender to pay for such evaluation and treatment. If such
1922	referral is made, the offender must comply and must pay for the
1923	reasonable cost of the evaluation and treatment.
1924	3.  Perform at least 200 hours of public service.
1925	4.  Submit to routine and random drug testing which may be
1926	conducted during the probationary period, with the reasonable
1927	costs thereof borne by the offender.
1928	5.  Participate, at his or her own expense, in an
1929	appropriate self-help group, such as Narcotics Anonymous,
1930	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1931	(e)  If the person has been previously convicted of four
1932	felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
1933	adjudication may not be withheld and the offender may be placed
1934	on probation for not less than 36 months, as a condition of
1935	which the court shall require the offender to reside at a
1936	community residential drug punishment center for 360 days. The
1937	offender must comply with all rules and regulations of the
1938	center and must pay a fee for the costs of room and board and
1939	residential supervision. Placement of an offender into a
1940	community residential drug punishment center is subject to
1941	budgetary considerations and availability of bed space. If the
1942	court requires the offender to reside at a community residential
1943	drug punishment center, the court shall also require the
1944	offender to comply with one or more of the other following terms
1945	and conditions:
1946	1.  Pay a fine of not less than $2,000 nor more than $5,000
1947	pursuant to s. 775.083(1)(c).
1948	2.  Enter, regularly attend, and successfully complete a
1949	prescribed substance abuse treatment program provided by a
1950	treatment resource licensed pursuant to chapter 397 or by a
1951	hospital licensed pursuant to chapter 395, as specified by the
1952	court. In addition, the court may refer the offender to a
1953	licensed agency for substance abuse evaluation and, if
1954	appropriate, substance abuse treatment subject to the ability of
1955	the offender to pay for such evaluation and treatment. If such
1956	referral is made, the offender must comply and must pay for the
1957	reasonable cost of the evaluation and treatment.
1958	3.  Perform at least 250 hours of public service.
1959	4.  Submit to routine and random drug testing which may be
1960	conducted during the probationary period, with the reasonable
1961	costs thereof borne by the offender.
1962	5.  Participate, at his or her own expense, in an
1963	appropriate self-help group, such as Narcotics Anonymous,
1964	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1965	(f)  An offender who violates probation imposed pursuant to
1966	this section shall be sentenced in accordance with s. 921.002.
1967	Section 24.  This act shall take effect July 1, 2004, and
1968	shall apply to offenses committed on or after that date.

CODING: Words stricken are deletions; words underlined are additions.