HB 1815

1	A bill to be entitled
2	An act relating to controlled substances; amending s.
3	893.033, F.S.; revising the chemicals defined as "listed
4	precursor chemicals" to include benzaldehyde, hydriodic
5	acid, and nitroethane, and to remove anhydrous ammonia and
6	benzyl chloride; revising the chemicals defined as "listed
7	essential chemicals" to include anhydrous ammonia, benzyl
8	chloride, hydrochloric gas, and iodine; amending s.
9	893.13, F.S.; prohibiting a person from manufacturing
10	methamphetamine or phencyclidine or from possessing listed
11	chemicals with the intent to manufacture methamphetamine
12	or phencyclidine; providing criminal penalties; providing
13	for minimum terms of imprisonment in circumstances where a
14	person commits or attempts to commit such crime in a
15	structure or conveyance where a child is present and in
16	circumstances where a child suffers great bodily harm;
17	providing criminal penalties in circumstances where a
18	person fails to store anhydrous ammonia as required;
19	providing criminal penalties in circumstances involving a
20	violation of ch. 893, F.S., which results in serious
21	injury to a state, local, or federal law enforcement
22	officer; increasing the criminal penalties if such
23	violation results in death or great bodily harm to such
24	officer; prohibiting a person from selling, manufacturing,
25	delivering, or attempting to sell, manufacture, or deliver
26	a controlled substance in, on, or within 1,000 feet of an
27	assisted living facility; providing criminal penalties for
28	such offense; specifying minimum terms of imprisonment for
29	such offense; amending s. 893.135, F.S.; including
30	offenses 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.  Paragraphs (g) and (h) are added to subsection
148	(1) of section 893.13, Florida Statutes, paragraphs (a) and (c)
149	of subsection (7) of said section are amended, subsection (12)
150	is 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	(h)  Except as authorized by this chapter, it is unlawful
175	for any person to sell, manufacture, or deliver, or possess with
176	intent to sell, manufacture, or deliver, a controlled substance
177	in, on, or within 1,000 feet of the real property comprising an
178	assisted living facility, as that term is used in chapter 400.
179	Any person who violates this paragraph with respect to:
180	1.  A controlled substance named or described in s.
181	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
182	commits a felony of the first degree, punishable as provided in
183	s. 775.082, s. 775.083, or s. 775.084.
184	2.  A controlled substance named or described in s.
185	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
186	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
187	the second degree, punishable as provided in s. 775.082, s.
188	775.083, or s. 775.084.
189	(7)(a)  It is unlawful for any person:
190	1.  To distribute or dispense a controlled substance in
191	violation of this chapter.
192	2.  To refuse or fail to make, keep, or furnish any record,
193	notification, order form, statement, invoice, or information
194	required under this chapter.
195	3.  To refuse an entry into any premises for any inspection
196	or to refuse to allow any inspection authorized by this chapter.
197	4.  To distribute a controlled substance named or described
198	in s. 893.03(1) or (2) except pursuant to an order form as
199	required by s. 893.06.
200	5.  To keep or maintain any store, shop, warehouse,
201	dwelling, building, vehicle, boat, aircraft, or other structure
202	or place which is resorted to by persons using controlled
203	substances in violation of this chapter for the purpose of using
204	these substances, or which is used for keeping or selling them
205	in violation of this chapter.
206	6.  To use to his or her own personal advantage, or to
207	reveal, any information obtained in enforcement of this chapter
208	except in a prosecution or administrative hearing for a
209	violation of this chapter.
210	7.  To possess a prescription form which has not been
211	completed and signed by the practitioner whose name appears
212	printed thereon, unless the person is that practitioner, is an
213	agent or employee of that practitioner, is a pharmacist, or is a
214	supplier of prescription forms who is authorized by that
215	practitioner to possess those forms.
216	8.  To withhold information from a practitioner from whom
217	the person seeks to obtain a controlled substance or a
218	prescription for a controlled substance that the person making
219	the request has received a controlled substance or a
220	prescription for a controlled substance of like therapeutic use
221	from another practitioner within the previous 30 days.
222	9.  To acquire or obtain, or attempt to acquire or obtain,
223	possession of a controlled substance by misrepresentation,
224	fraud, forgery, deception, or subterfuge.
225	10.  To affix any false or forged label to a package or
226	receptacle containing a controlled substance.
227	11.  To furnish false or fraudulent material information
228	in, or omit any material information from, any report or other
229	document required to be kept or filed under this chapter or any
230	record required to be kept by this chapter.
231	12.  To store anhydrous ammonia in a container that is not
232	approved by the United States Department of Transportation to
233	hold anhydrous ammonia or is not constructed in accordance with
234	sound engineering, agricultural, or commercial practices.
235	(c)  Any person who violates the provisions of
236	subparagraphs (a)8.-12. (a)8.-11. commits a felony of the third
237	degree, punishable as provided in s. 775.082, s. 775.083, or s.
238	775.084.
239	(8)
240	(d)  Notwithstanding paragraph (c), if a prescribing
241	practitioner has violated paragraph (a) and received $1,000 or
242	more in payment for writing one or more prescriptions or, in the
243	case of a prescription written for a controlled substance
244	described in s. 893.135, has written one or more prescriptions
245	for a quantity of a controlled substance which, individually or
246	in the aggregate, meets the threshold for the offense of
247	trafficking in a controlled substance under s. 893.15, the
248	violation is reclassified as a felony of the second degree and
249	ranked in level 4 of the Criminal Punishment Code.
250	(12)  If a person violates any provision of this chapter
251	and such violation results in a serious injury to a state,
252	local, or federal law enforcement officer, the person commits a
253	felony of the third degree, punishable as provided in s.
254	775.082, s. 775.083, or s. 775.084. If the injury sustained
255	results in death or great bodily harm, the person commits a
256	felony of the second degree, punishable as provided in s.
257	775.082, s. 775.083, or s. 775.084.
258	Section 3.  Paragraph (f) of subsection (1) of section
259	893.135, Florida Statutes, is amended to read:
260	893.135  Trafficking; mandatory sentences; suspension or
261	reduction of sentences; conspiracy to engage in trafficking.--
262	(1)  Except as authorized in this chapter or in chapter 499
263	and notwithstanding the provisions of s. 893.13:
264	(f)1.  Any person who knowingly sells, purchases,
265	manufactures, delivers, or brings into this state, or who is
266	knowingly in actual or constructive possession of, 14 grams or
267	more of amphetamine, as described in s. 893.03(2)(c)2., or
268	methamphetamine, as described in s. 893.03(2)(c)4., or of any
269	mixture containing amphetamine or methamphetamine, or
270	phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
271	in conjunction with other chemicals and equipment utilized in
272	the manufacture of amphetamine or methamphetamine, commits a
273	felony of the first degree, which felony shall be known as
274	"trafficking in amphetamine," punishable as provided in s.
275	775.082, s. 775.083, or s. 775.084. If the quantity involved:
276	a.  Is 14 grams or more, but less than 28 grams, such
277	person shall be sentenced to a mandatory minimum term of
278	imprisonment of 3 years, and the defendant shall be ordered to
279	pay a fine of $50,000.
280	b.  Is 28 grams or more, but less than 200 grams, such
281	person shall be sentenced to a mandatory minimum term of
282	imprisonment of 7 years, and the defendant shall be ordered to
283	pay a fine of $100,000.
284	c.  Is 200 grams or more, such person shall be sentenced to
285	a mandatory minimum term of imprisonment of 15 calendar years
286	and pay a fine of $250,000.
287	2.  Any person who knowingly manufactures or brings into
288	this state 400 grams or more of amphetamine, as described in s.
289	893.03(2)(c)2., or methamphetamine, as described in s.
290	893.03(2)(c)4., or of any mixture containing amphetamine or
291	methamphetamine, or phenylacetone, phenylacetic acid,
292	pseudoephedrine, or ephedrine in conjunction with other
293	chemicals and equipment used in the manufacture of amphetamine
294	or methamphetamine, and who knows that the probable result of
295	such manufacture or importation would be the death of any person
296	commits capital manufacture or importation of amphetamine, a
297	capital felony punishable as provided in ss. 775.082 and
298	921.142. Any person sentenced for a capital felony under this
299	paragraph shall also be sentenced to pay the maximum fine
300	provided under subparagraph 1.
301	Section 4.  Section 893.149, Florida Statutes, is amended
302	to read:
303	893.149  Unlawful possession of listed chemical.--
304	(1)  It is unlawful for any person to knowingly or
305	intentionally:
306	(a)  Possess a listed chemical with the intent to
307	unlawfully manufacture a controlled substance;
308	(b)  Possess or distribute a listed chemical knowing, or
309	having reasonable cause to believe, that the listed chemical
310	will be used to unlawfully manufacture a controlled substance.
311	(2)  Any person who violates this section commits is guilty
312	of a felony of the second degree, punishable as provided in s.
313	775.082, s. 775.083, or s. 775.084.
314	(3)  This section does not apply to a public employee or
315	private contractor authorized to clean up or dispose of
316	hazardous waste or toxic substances pursuant to the provisions
317	of this chapter.
318	(4)  Any damages arising out of the unlawful possession of,
319	storage of, or tampering with a listed chemical, as defined in
320	s. 893.033, shall be the sole responsibility of the person or
321	persons unlawfully possessing, storing, or tampering with the
322	listed chemical. In no case shall liability for damages arising
323	out of the unlawful possession of, storage of, or tampering with
324	a listed chemical extend to the lawful owner, installer,
325	maintainer, designer, manufacturer, possessor, or seller of the
326	listed chemical, unless such damages arise out of the acts or
327	omissions of the owner, installer, maintainer, designer,
328	manufacturer, possessor, or seller which constitute negligent
329	misconduct or failure to abide by the laws regarding the
330	possession or storage of a listed chemical.
331	Section 5.  For the purpose of incorporating the amendment
332	to section 893.135, Florida Statutes, in a reference thereto,
333	paragraph (c) of subsection (3) of section 311.12, Florida
334	Statutes, is reenacted to read:
335	311.12  Seaport security standards.--
336	(3)
337	(c)  In addition to other requirements for employment or
338	access established by each seaport pursuant to its seaport
339	security plan, each seaport security plan shall provide that:
340	1.  Any person who has within the past 7 years been
341	convicted, regardless of whether adjudication was withheld, for
342	a forcible felony as defined in s. 776.08; an act of terrorism
343	as defined in s. 775.30; planting of a hoax bomb as provided in
344	s. 790.165; any violation involving the manufacture, possession,
345	sale, delivery, display, use, or attempted or threatened use of
346	a weapon of mass destruction or hoax weapon of mass destruction
347	as provided in s. 790.166; dealing in stolen property; any
348	violation of s. 893.135; any violation involving the sale,
349	manufacturing, delivery, or possession with intent to sell,
350	manufacture, or deliver a controlled substance; burglary;
351	robbery; any felony violation of s. 812.014; any violation of s.
352	790.07; any crime an element of which includes use or possession
353	of a firearm; any conviction for any similar offenses under the
354	laws of another jurisdiction; or conviction for conspiracy to
355	commit any of the listed offenses shall not be qualified for
356	initial employment within or regular access to a seaport or
357	restricted access area; and
358	2.  Any person who has at any time been convicted for any
359	of the listed offenses shall not be qualified for initial
360	employment within or authorized regular access to a seaport or
361	restricted access area unless, after release from incarceration
362	and any supervision imposed as a sentence, the person remained
363	free from a subsequent conviction, regardless of whether
364	adjudication was withheld, for any of the listed offenses for a
365	period of at least 7 years prior to the employment or access
366	date under consideration.
367	Section 6.  For the purpose of incorporating the amendments
368	to sections 893.13 and 893.135, Florida Statutes, in references
369	thereto, paragraph (b) of subsection (4) and subsection (6) of
370	section 397.451, Florida Statutes, are reenacted to read:
371	397.451  Background checks of service provider personnel.--
372	(4)  EXEMPTIONS FROM DISQUALIFICATION.--
373	(b)  Since rehabilitated substance abuse impaired persons
374	are effective in the successful treatment and rehabilitation of
375	substance abuse impaired adolescents, for service providers
376	which treat adolescents 13 years of age and older, service
377	provider personnel whose background checks indicate crimes under
378	s. 817.563, s. 893.13, or s. 893.147 may be exempted from
379	disqualification from employment pursuant to this paragraph.
380	(6)  DISQUALIFICATION FROM RECEIVING STATE FUNDS.--State
381	funds may not be disseminated to any service provider owned or
382	operated by an owner, director, or chief financial officer who
383	has been convicted of, has entered a plea of guilty or nolo
384	contendere to, or has had adjudication withheld for, a violation
385	of s. 893.135 pertaining to trafficking in controlled
386	substances, or a violation of the law of another state, the
387	District of Columbia, the United States or any possession or
388	territory thereof, or any foreign jurisdiction which is
389	substantially similar in elements and penalties to a trafficking
390	offense in this state, unless the owner's or director's civil
391	rights have been restored.
392	Section 7.  For the purpose of incorporating the amendment
393	to section 893.135, Florida Statutes, in a reference thereto,
394	subsection (1) of section 414.095, Florida Statutes, is
395	reenacted to read:
396	414.095  Determining eligibility for temporary cash
397	assistance.--
398	(1)  ELIGIBILITY.--An applicant must meet eligibility
399	requirements of this section before receiving services or
400	temporary cash assistance under this chapter, except that an
401	applicant shall be required to register for work and engage in
402	work activities in accordance with s. 445.024, as designated by
403	the regional workforce board, and may receive support services
404	or child care assistance in conjunction with such requirement.
405	The department shall make a determination of eligibility based
406	on the criteria listed in this chapter. The department shall
407	monitor continued eligibility for temporary cash assistance
408	through periodic reviews consistent with the food stamp
409	eligibility process. Benefits shall not be denied to an
410	individual solely based on a felony drug conviction, unless the
411	conviction is for trafficking pursuant to s. 893.135. To be
412	eligible under this section, an individual convicted of a drug
413	felony must be satisfactorily meeting the requirements of the
414	temporary cash assistance program, including all substance abuse
415	treatment requirements. Within the limits specified in this
416	chapter, the state opts out of the provision of Pub. L. No. 104-
417	193, s. 115, that eliminates eligibility for temporary cash
418	assistance and food stamps for any individual convicted of a
419	controlled substance felony.
420	Section 8.  For the purpose of incorporating the amendment
421	to section 893.13, Florida Statutes, in a reference thereto,
422	subsection (2) of section 435.07, Florida Statutes, is reenacted
423	to read:
424	435.07  Exemptions from disqualification.--Unless otherwise
425	provided by law, the provisions of this section shall apply to
426	exemptions from disqualification.
427	(2)  Persons employed by treatment providers who treat
428	adolescents 13 years of age and older who are disqualified from
429	employment solely because of crimes under s. 817.563, s. 893.13,
430	or s. 893.147 may be exempted from disqualification from
431	employment pursuant to this section without the 3-year waiting
432	period.
433	Section 9.  For the purpose of incorporating the amendments
434	to sections 893.13 and 893.135, Florida Statutes, in references
435	thereto, paragraph (a) of subsection (2) of section 772.12,
436	Florida Statutes, is reenacted to read:
437	772.12  Drug Dealer Liability Act.--
438	(2)  A person, including any governmental entity, has a
439	cause of action for threefold the actual damages sustained and
440	is entitled to minimum damages in the amount of $1,000 and
441	reasonable attorney's fees and court costs in the trial and
442	appellate courts, if the person proves by the greater weight of
443	the evidence that:
444	(a)  The person was injured because of the defendant's
445	actions that resulted in the defendant's conviction for:
446	1.  A violation of s. 893.13, except for a violation of s.
447	893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
448	2.  A violation of s. 893.135; and
449	Section 10.  For the purpose of incorporating the amendment
450	to section 893.135, Florida Statutes, in references thereto,
451	paragraph (a) of subsection (2) and paragraph (a) of subsection
452	(3) of section 775.087, Florida Statutes, are reenacted to read:
453	775.087  Possession or use of weapon; aggravated battery;
454	felony reclassification; minimum sentence.--
455	(2)(a)1.  Any person who is convicted of a felony or an
456	attempt to commit a felony, regardless of whether the use of a
457	weapon is an element of the felony, and the conviction was for:
458	a.  Murder;
459	b.  Sexual battery;
460	c.  Robbery;
461	d.  Burglary;
462	e.  Arson;
463	f.  Aggravated assault;
464	g.  Aggravated battery;
465	h.  Kidnapping;
466	i.  Escape;
467	j.  Aircraft piracy;
468	k.  Aggravated child abuse;
469	l.  Aggravated abuse of an elderly person or disabled
470	adult;
471	m.  Unlawful throwing, placing, or discharging of a
472	destructive device or bomb;
473	n.  Carjacking;
474	o.  Home-invasion robbery;
475	p.  Aggravated stalking;
476	q.  Trafficking in cannabis, trafficking in cocaine,
477	capital importation of cocaine, trafficking in illegal drugs,
478	capital importation of illegal drugs, trafficking in
479	phencyclidine, capital importation of phencyclidine, trafficking
480	in methaqualone, capital importation of methaqualone,
481	trafficking in amphetamine, capital importation of amphetamine,
482	trafficking in flunitrazepam, trafficking in gamma-
483	hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
484	trafficking in Phenethylamines, or other violation of s.
485	893.135(1); or
486	r.  Possession of a firearm by a felon
487
488	and during the commission of the offense, such person actually
489	possessed a "firearm" or "destructive device" as those terms are
490	defined in s. 790.001, shall be sentenced to a minimum term of
491	imprisonment of 10 years, except that a person who is convicted
492	for aggravated assault, possession of a firearm by a felon, or
493	burglary of a conveyance shall be sentenced to a minimum term of
494	imprisonment of 3 years if such person possessed a "firearm" or
495	"destructive device" during the commission of the offense.
496	2.  Any person who is convicted of a felony or an attempt
497	to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
498	regardless of whether the use of a weapon is an element of the
499	felony, and during the course of the commission of the felony
500	such person discharged a "firearm" or "destructive device" as
501	defined in s. 790.001 shall be sentenced to a minimum term of
502	imprisonment of 20 years.
503	3.  Any person who is convicted of a felony or an attempt
504	to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
505	regardless of whether the use of a weapon is an element of the
506	felony, and during the course of the commission of the felony
507	such person discharged a "firearm" or "destructive device" as
508	defined in s. 790.001 and, as the result of the discharge, death
509	or great bodily harm was inflicted upon any person, the
510	convicted person shall be sentenced to a minimum term of
511	imprisonment of not less than 25 years and not more than a term
512	of imprisonment of life in prison.
513	(3)(a)1.  Any person who is convicted of a felony or an
514	attempt to commit a felony, regardless of whether the use of a
515	firearm is an element of the felony, and the conviction was for:
516	a.  Murder;
517	b.  Sexual battery;
518	c.  Robbery;
519	d.  Burglary;
520	e.  Arson;
521	f.  Aggravated assault;
522	g.  Aggravated battery;
523	h.  Kidnapping;
524	i.  Escape;
525	j.  Sale, manufacture, delivery, or intent to sell,
526	manufacture, or deliver any controlled substance;
527	k.  Aircraft piracy;
528	l.  Aggravated child abuse;
529	m.  Aggravated abuse of an elderly person or disabled
530	adult;
531	n.  Unlawful throwing, placing, or discharging of a
532	destructive device or bomb;
533	o.  Carjacking;
534	p.  Home-invasion robbery;
535	q.  Aggravated stalking; or
536	r.  Trafficking in cannabis, trafficking in cocaine,
537	capital importation of cocaine, trafficking in illegal drugs,
538	capital importation of illegal drugs, trafficking in
539	phencyclidine, capital importation of phencyclidine, trafficking
540	in methaqualone, capital importation of methaqualone,
541	trafficking in amphetamine, capital importation of amphetamine,
542	trafficking in flunitrazepam, trafficking in gamma-
543	hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
544	trafficking in Phenethylamines, or other violation of s.
545	893.135(1);
546
547	and during the commission of the offense, such person possessed
548	a semiautomatic firearm and its high-capacity detachable box
549	magazine or a machine gun as defined in s. 790.001, shall be
550	sentenced to a minimum term of imprisonment of 15 years.
551	2.  Any person who is convicted of a felony or an attempt
552	to commit a felony listed in subparagraph (a)1., regardless of
553	whether the use of a weapon is an element of the felony, and
554	during the course of the commission of the felony such person
555	discharged a semiautomatic firearm and its high-capacity box
556	magazine or a "machine gun" as defined in s. 790.001 shall be
557	sentenced to a minimum term of imprisonment of 20 years.
558	3.  Any person who is convicted of a felony or an attempt
559	to commit a felony listed in subparagraph (a)1., regardless of
560	whether the use of a weapon is an element of the felony, and
561	during the course of the commission of the felony such person
562	discharged a semiautomatic firearm and its high-capacity box
563	magazine or a "machine gun" as defined in s. 790.001 and, as the
564	result of the discharge, death or great bodily harm was
565	inflicted upon any person, the convicted person shall be
566	sentenced to a minimum term of imprisonment of not less than 25
567	years and not more than a term of imprisonment of life in
568	prison.
569	Section 11.  For the purpose of incorporating the amendment
570	to section 893.135, Florida Statutes, in references thereto,
571	paragraph (a) of subsection (1), paragraph (a) of subsection
572	(3), and paragraph (a) of subsection (4) of section 782.04,
573	Florida Statutes, are reenacted to read:
574	782.04  Murder.--
575	(1)(a)  The unlawful killing of a human being:
576	1.  When perpetrated from a premeditated design to effect
577	the death of the person killed or any human being;
578	2.  When committed by a person engaged in the perpetration
579	of, or in the attempt to perpetrate, any:
580	a.  Trafficking offense prohibited by s. 893.135(1),
581	b.  Arson,
582	c.  Sexual battery,
583	d.  Robbery,
584	e.  Burglary,
585	f.  Kidnapping,
586	g.  Escape,
587	h.  Aggravated child abuse,
588	i.  Aggravated abuse of an elderly person or disabled
589	adult,
590	j.  Aircraft piracy,
591	k.  Unlawful throwing, placing, or discharging of a
592	destructive device or bomb,
593	l.  Carjacking,
594	m.  Home-invasion robbery,
595	n.  Aggravated stalking,
596	o.  Murder of another human being,
597	p.  Resisting an officer with violence to his or her
598	person,
599	q.  Felony that is an act of terrorism or is in furtherance
600	of an act of terrorism; or
601	3.  Which resulted from the unlawful distribution of any
602	substance controlled under s. 893.03(1), cocaine as described in
603	s. 893.03(2)(a)4., or opium or any synthetic or natural salt,
604	compound, derivative, or preparation of opium by a person 18
605	years of age or older, when such drug is proven to be the
606	proximate cause of the death of the user,
607
608	is murder in the first degree and constitutes a capital felony,
609	punishable as provided in s. 775.082.
610	(3)  When a person is killed in the perpetration of, or in
611	the attempt to perpetrate, any:
612	(a)  Trafficking offense prohibited by s. 893.135(1),
613
614	by a person other than the person engaged in the perpetration of
615	or in the attempt to perpetrate such felony, the person
616	perpetrating or attempting to perpetrate such felony is guilty
617	of murder in the second degree, which constitutes a felony of
618	the first degree, punishable by imprisonment for a term of years
619	not exceeding life or as provided in s. 775.082, s. 775.083, or
620	s. 775.084.
621	(4)  The unlawful killing of a human being, when
622	perpetrated without any design to effect death, by a person
623	engaged in the perpetration of, or in the attempt to perpetrate,
624	any felony other than any:
625	(a)  Trafficking offense prohibited by s. 893.135(1),
626
627	is murder in the third degree and constitutes a felony of the
628	second degree, punishable as provided in s. 775.082, s. 775.083,
629	or s. 775.084.
630	Section 12.  For the purpose of incorporating the amendment
631	to section 893.033, Florida Statutes, in a reference thereto,
632	subsection (12) of section 893.02, Florida Statutes, is
633	reenacted to read:
634	893.02  Definitions.--The following words and phrases as
635	used in this chapter shall have the following meanings, unless
636	the context otherwise requires:
637	(12)  "Listed chemical" means any precursor chemical or
638	essential chemical named or described in s. 893.033.
639	Section 13.  For the purpose of incorporating the
640	amendments to sections 893.13 and 893.135, Florida Statutes, in
641	references thereto, subsection (1) of section 893.1351, Florida
642	Statutes, is reenacted to read:
643	893.1351  Lease or rent for the purpose of trafficking in a
644	controlled substance.--
645	(1)  A person may not lease or rent any place, structure,
646	or part thereof, trailer, or other conveyance, with the
647	knowledge that such place, structure, trailer, or conveyance
648	will be used for the purpose of trafficking in a controlled
649	substance, as provided in s. 893.135, or the sale of a
650	controlled substance, as provided in s. 893.13.
651	Section 14.  For the purpose of incorporating the
652	amendments to sections 893.13 and 893.135, Florida Statutes, in
653	references thereto, section 903.133, Florida Statutes, is
654	reenacted to read:
655	903.133  Bail on appeal; prohibited for certain felony
656	convictions.--Notwithstanding the provisions of s. 903.132, no
657	person adjudged guilty of a felony of the first degree for a
658	violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
659	806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
660	violation of s. 794.011(2) or (3), shall be admitted to bail
661	pending review either by posttrial motion or appeal.
662	Section 15.  For the purpose of incorporating the amendment
663	to section 893.135, Florida Statutes, in a reference thereto,
664	paragraph (c) of subsection (4) of section 907.041, Florida
665	Statutes, is reenacted to read:
666	907.041  Pretrial detention and release.--
667	(4)  PRETRIAL DETENTION.--
668	(c)  The court may order pretrial detention if it finds a
669	substantial probability, based on a defendant's past and present
670	patterns of behavior, the criteria in s. 903.046, and any other
671	relevant facts, that any of the following circumstances exists:
672	1.  The defendant has previously violated conditions of
673	release and that no further conditions of release are reasonably
674	likely to assure the defendant's appearance at subsequent
675	proceedings;
676	2.  The defendant, with the intent to obstruct the judicial
677	process, has threatened, intimidated, or injured any victim,
678	potential witness, juror, or judicial officer, or has attempted
679	or conspired to do so, and that no condition of release will
680	reasonably prevent the obstruction of the judicial process;
681	3.  The defendant is charged with trafficking in controlled
682	substances as defined by s. 893.135, that there is a substantial
683	probability that the defendant has committed the offense, and
684	that no conditions of release will reasonably assure the
685	defendant's appearance at subsequent criminal proceedings; or
686	4.  The defendant is charged with DUI manslaughter, as
687	defined by s. 316.193, and that there is a substantial
688	probability that the defendant committed the crime and that the
689	defendant poses a threat of harm to the community; conditions
690	that would support a finding by the court pursuant to this
691	subparagraph that the defendant poses a threat of harm to the
692	community include, but are not limited to, any of the following:
693	a.  The defendant has previously been convicted of any
694	crime under s. 316.193, or of any crime in any other state or
695	territory of the United States that is substantially similar to
696	any crime under s. 316.193;
697	b.  The defendant was driving with a suspended driver's
698	license when the charged crime was committed; or
699	c.  The defendant has previously been found guilty of, or
700	has had adjudication of guilt withheld for, driving while the
701	defendant's driver's license was suspended or revoked in
702	violation of s. 322.34;
703	5.  The defendant poses the threat of harm to the
704	community. The court may so conclude, if it finds that the
705	defendant is presently charged with a dangerous crime, that
706	there is a substantial probability that the defendant committed
707	such crime, that the factual circumstances of the crime indicate
708	a disregard for the safety of the community, and that there are
709	no conditions of release reasonably sufficient to protect the
710	community from the risk of physical harm to persons.
711	6.  The defendant was on probation, parole, or other
712	release pending completion of sentence or on pretrial release
713	for a dangerous crime at the time the current offense was
714	committed; or
715	7.  The defendant has violated one or more conditions of
716	pretrial release or bond for the offense currently before the
717	court and the violation, in the discretion of the court,
718	supports a finding that no conditions of release can reasonably
719	protect the community from risk of physical harm to persons or
720	assure the presence of the accused at trial.
721	Section 16.  For the purpose of incorporating the amendment
722	to section 893.135, Florida Statutes, in references thereto,
723	paragraphs (g) and  (i) of subsection (3) of section 921.0022,
724	Florida Statutes, are reenacted to read:
725	921.0022  Criminal Punishment Code; offense severity
726	ranking chart.--
727	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
728
	(g)  LEVEL 7
729
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
730
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
731
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
732
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
733
	409.920(2) 3rd Medicaid provider fraud.
734
	456.065(2) 3rd Practicing a health care profession without a license.
735
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
736
	458.327(1) 3rd Practicing medicine without a license.
737
	459.013(1) 3rd Practicing osteopathic medicine without a license.
738
	460.411(1) 3rd Practicing chiropractic medicine without a license.
739
	461.012(1) 3rd Practicing podiatric medicine without a license.
740
	462.17 3rd Practicing naturopathy without a license.
741
	463.015(1) 3rd Practicing optometry without a license.
742
	464.016(1) 3rd Practicing nursing without a license.
743
	465.015(2) 3rd Practicing pharmacy without a license.
744
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
745
	467.201 3rd Practicing midwifery without a license.
746
	468.366 3rd Delivering respiratory care services without a license.
747
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
748
	483.901(9) 3rd Practicing medical physics without a license.
749
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
750
	484.053 3rd Dispensing hearing aids without a license.
751
	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.
752
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
753
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
754
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
755
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
756
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
757
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
758
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
759
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
760
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
761
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
762
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
763
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
764
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
765
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
766
	784.081(1) 1st Aggravated battery on specified official or employee.
767
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
768
	784.083(1) 1st Aggravated battery on code inspector.
769
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
770
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
771
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
772
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
773
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
774
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
775
	796.03 2nd Procuring any person under 16 years for prostitution.
776
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
777
	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.
778
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
779
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
780
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
781
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
782
	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.
783
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
784
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
785
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
786
	812.131(2)(a) 2nd Robbery by sudden snatching.
787
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
788
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
789
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
790
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
791
	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.
792
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
793
	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.
794
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
795
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
796
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
797
	838.015 2nd Bribery.
798
	838.016 2nd Unlawful compensation or reward for official behavior.
799
	838.021(3)(a) 2nd Unlawful harm to a public servant.
800
	838.22 2nd Bid tampering.
801
	872.06 2nd Abuse of a dead human body.
802
	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.
803
	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.
804
	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).
805
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
806
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
807
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
808
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
809
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
810
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
811
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
812
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
813
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
814
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
815
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
816
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
817
	(i)  LEVEL 9
818
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
819
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
820
	499.0053 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
821
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
822
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
823
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
824
	775.0844 1st Aggravated white collar crime.
825
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
826
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
827
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
828
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
829
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
830
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
831
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
832
	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.
833
	790.161 1st Attempted capital destructive device offense.
834
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
835
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
836
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
837
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
838
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
839
	800.04(5)(b) 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
840
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
841
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
842
	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.
843
	827.03(2) 1st Aggravated child abuse.
844
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
845
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
846
	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.
847
	893.135 1st Attempted capital trafficking offense.
848
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
849
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
850
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
851
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
852
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
853
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
854
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
855
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
856
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
857
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
858
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
859
860	Section 17.  For the purpose of incorporating the amendment
861	to section 893.135, Florida Statutes, in references thereto,
862	subsection (1) of section 921.0024, Florida Statutes, is
863	reenacted to read:
864	921.0024  Criminal Punishment Code; worksheet computations;
865	scoresheets.--
866	(1)(a)  The Criminal Punishment Code worksheet is used to
867	compute the subtotal and total sentence points as follows:
868
869	FLORIDA CRIMINAL PUNISHMENT CODE
870	WORKSHEET
871
872	OFFENSE SCORE
873
874	Primary Offense
	Primary OffenseLevel Sentence Points Total
875
876
877
	10 116 = _____
878
	9 92 = _____
879
	8 74 = _____
880
	7 56 = _____
881
	6 36 = _____
882
	5 28 = _____
883
	4 22 = _____
884
	3 16 = _____
885
	2 10 = _____
886
	1 4 = _____
887
888
	Total
889
890
891	Additional Offenses
	Additional OffensesLevel Sentence Points Counts Total
892
893
894
	10 58 x _____ = _____
895
	9 46 x _____ = _____
896
	8 37 x _____ = _____
897
	7 28 x _____ = _____
898
	6 18 x _____ = _____
899
	5 5.4 x _____ = _____
900
	4 3.6 x _____ = _____
901
	3 2.4 x _____ = _____
902
	2 1.2 x _____ = _____
903
	1 0.7 x _____ = _____
904
	M 0.2 x _____ = _____
905
906
	Total
907
908
909	Victim Injury
	Victim InjuryLevel Sentence Points Number Total
910
911
912
	2nd degree  murder-  death 240 x _____ = _____
913
	Death 120 x _____ = _____
914
	Severe 40 x _____ = _____
915
	Moderate 18 x _____ = _____
916
	Slight 4 x _____ = _____
917
	Sexual  Penetration 80 x _____ = _____
918
	Sexual contact 40 x _____ = _____
919
920
	Total
921
922
923	Primary Offense + Additional Offenses + Victim Injury =
924	TOTAL OFFENSE SCORE
925
926	PRIOR RECORD SCORE
927
928	Prior Record
	Prior RecordLevel Sentence Points Number Total
929
930
931
	10 29 x _____ = _____
932
	9 23 x _____ = _____
933
	8 19 x _____ = _____
934
	7 14 x _____ = _____
935
	6 9 x _____ = _____
936
	5 3.6 x _____ = _____
937
	4 2.4 x _____ = _____
938
	3 1.6 x _____ = _____
939
	2 0.8 x _____ = _____
940
	1 0.5 x _____ = _____
941
	M 0.2 x _____ = _____
942
943
	Total
944
945
946	TOTAL OFFENSE SCORE
947	TOTAL PRIOR RECORD SCORE
948
949	LEGAL STATUS
950	COMMUNITY SANCTION VIOLATION
951	PRIOR SERIOUS FELONY
952	PRIOR CAPITAL FELONY
953	FIREARM OR SEMIAUTOMATIC WEAPON
954	SUBTOTAL__________
955
956	PRISON RELEASEE REOFFENDER (no)(yes)
957	VIOLENT CAREER CRIMINAL (no)(yes)
958	HABITUAL VIOLENT OFFENDER (no)(yes)
959	HABITUAL OFFENDER (no)(yes)
960	DRUG TRAFFICKER (no)(yes) (x multiplier)
961	LAW ENF. PROTECT. (no)(yes) (x multiplier)
962	MOTOR VEHICLE THEFT (no)(yes) (x multiplier)
963	CRIMINAL STREET GANG OFFENSE (no)(yes) (x multiplier)
964	DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
965	(x multiplier)
966
967	TOTAL SENTENCE POINTS__________
968
969	(b)  WORKSHEET KEY:
970
971	Legal status points are assessed when any form of legal status
972	existed at the time the offender committed an offense before the
973	court for sentencing. Four (4) sentence points are assessed for
974	an offender's legal status.
975
976	Community sanction violation points are assessed when a
977	community sanction violation is before the court for sentencing.
978	Six (6) sentence points are assessed for each community sanction
979	violation, and each successive community sanction violation;
980	however, if the community sanction violation includes a new
981	felony conviction before the sentencing court, twelve (12)
982	community sanction violation points are assessed for such
983	violation, and for each successive community sanction violation
984	involving a new felony conviction. Multiple counts of community
985	sanction violations before the sentencing court shall not be a
986	basis for multiplying the assessment of community sanction
987	violation points.
988
989	Prior serious felony points: If the offender has a primary
990	offense or any additional offense ranked in level 8, level 9, or
991	level 10, and one or more prior serious felonies, a single
992	assessment of 30 points shall be added. For purposes of this
993	section, a prior serious felony is an offense in the offender's
994	prior record that is ranked in level 8, level 9, or level 10
995	under s. 921.0022 or s. 921.0023 and for which the offender is
996	serving a sentence of confinement, supervision, or other
997	sanction or for which the offender's date of release from
998	confinement, supervision, or other sanction, whichever is later,
999	is within 3 years before the date the primary offense or any
1000	additional offense was committed.
1001
1002	Prior capital felony points: If the offender has one or more
1003	prior capital felonies in the offender's criminal record, points
1004	shall be added to the subtotal sentence points of the offender
1005	equal to twice the number of points the offender receives for
1006	the primary offense and any additional offense. A prior capital
1007	felony in the offender's criminal record is a previous capital
1008	felony offense for which the offender has entered a plea of nolo
1009	contendere or guilty or has been found guilty; or a felony in
1010	another jurisdiction which is a capital felony in that
1011	jurisdiction, or would be a capital felony if the offense were
1012	committed in this state.
1013
1014	Possession of a firearm, semiautomatic firearm, or machine gun:
1015	If the offender is convicted of committing or attempting to
1016	commit any felony other than those enumerated in s. 775.087(2)
1017	while having in his or her possession: a firearm as defined in
1018	s. 790.001(6), an additional 18 sentence points are assessed; or
1019	if the offender is convicted of committing or attempting to
1020	commit any felony other than those enumerated in s. 775.087(3)
1021	while having in his or her possession a semiautomatic firearm as
1022	defined in s. 775.087(3) or a machine gun as defined in s.
1023	790.001(9), an additional 25 sentence points are assessed.
1024
1025	Sentencing multipliers:
1026
1027	Drug trafficking: If the primary offense is drug trafficking
1028	under s. 893.135, the subtotal sentence points are multiplied,
1029	at the discretion of the court, for a level 7 or level 8
1030	offense, by 1.5. The state attorney may move the sentencing
1031	court to reduce or suspend the sentence of a person convicted of
1032	a level 7 or level 8 offense, if the offender provides
1033	substantial assistance as described in s. 893.135(4).
1034
1035	Law enforcement protection: If the primary offense is a
1036	violation of the Law Enforcement Protection Act under s.
1037	775.0823(2), the subtotal sentence points are multiplied by 2.5.
1038	If the primary offense is a violation of s. 775.0823(3), (4),
1039	(5), (6), (7), or (8), the subtotal sentence points are
1040	multiplied by 2.0. If the primary offense is a violation of s.
1041	784.07(3) or s. 775.0875(1), or of the Law Enforcement
1042	Protection Act under s. 775.0823(9) or (10), the subtotal
1043	sentence points are multiplied by 1.5.
1044
1045	Grand theft of a motor vehicle: If the primary offense is grand
1046	theft of the third degree involving a motor vehicle and in the
1047	offender's prior record, there are three or more grand thefts of
1048	the third degree involving a motor vehicle, the subtotal
1049	sentence points are multiplied by 1.5.
1050
1051	Offense related to a criminal street gang: If the offender is
1052	convicted of the primary offense and committed that offense for
1053	the purpose of benefiting, promoting, or furthering the
1054	interests of a criminal street gang as prohibited under s.
1055	874.04, the subtotal sentence points are multiplied by 1.5.
1056
1057	Domestic violence in the presence of a child: If the offender is
1058	convicted of the primary offense and the primary offense is a
1059	crime of domestic violence, as defined in s. 741.28, which was
1060	committed in the presence of a child under 16 years of age who
1061	is a family household member as defined in s. 741.28(2) with the
1062	victim or perpetrator, the subtotal sentence points are
1063	multiplied by 1.5.
1064	Section 18.  For the purpose of incorporating the amendment
1065	to section 893.135, Florida Statutes, in a reference thereto,
1066	subsection (2) of section 921.142, Florida Statutes, is
1067	reenacted to read:
1068	921.142  Sentence of death or life imprisonment for capital
1069	drug trafficking felonies; further proceedings to determine
1070	sentence.--
1071	(2)  SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--Upon
1072	conviction or adjudication of guilt of a defendant of a capital
1073	felony under s. 893.135, the court shall conduct a separate
1074	sentencing proceeding to determine whether the defendant should
1075	be sentenced to death or life imprisonment as authorized by s.
1076	775.082. The proceeding shall be conducted by the trial judge
1077	before the trial jury as soon as practicable. If, through
1078	impossibility or inability, the trial jury is unable to
1079	reconvene for a hearing on the issue of penalty, having
1080	determined the guilt of the accused, the trial judge may summon
1081	a special juror or jurors as provided in chapter 913 to
1082	determine the issue of the imposition of the penalty. If the
1083	trial jury has been waived, or if the defendant pleaded guilty,
1084	the sentencing proceeding shall be conducted before a jury
1085	impaneled for that purpose, unless waived by the defendant. In
1086	the proceeding, evidence may be presented as to any matter that
1087	the court deems relevant to the nature of the crime and the
1088	character of the defendant and shall include matters relating to
1089	any of the aggravating or mitigating circumstances enumerated in
1090	subsections (6) and (7). Any such evidence which the court deems
1091	to have probative value may be received, regardless of its
1092	admissibility under the exclusionary rules of evidence, provided
1093	the defendant is accorded a fair opportunity to rebut any
1094	hearsay statements. However, this subsection shall not be
1095	construed to authorize the introduction of any evidence secured
1096	in violation of the Constitution of the United States or the
1097	Constitution of the State of Florida. The state and the
1098	defendant or the defendant's counsel shall be permitted to
1099	present argument for or against sentence of death.
1100	Section 19.  For the purpose of incorporating the amendment
1101	to section 893.13, Florida Statutes, in references thereto,
1102	subsection (1) of section 921.187, Florida Statutes, is
1103	reenacted to read:
1104	921.187  Disposition and sentencing; alternatives;
1105	restitution.--
1106	(1)  The alternatives provided in this section for the
1107	disposition of criminal cases shall be used in a manner that
1108	will best serve the needs of society, punish criminal offenders,
1109	and provide the opportunity for rehabilitation.
1110	(a)  If the offender does not receive a state prison
1111	sentence, the court may:
1112	1.  Impose a split sentence whereby the offender is to be
1113	placed on probation upon completion of any specified period of
1114	such sentence, which period may include a term of years or less.
1115	2.  Make any other disposition that is authorized by law.
1116	3.  Place the offender on probation with or without an
1117	adjudication of guilt pursuant to s. 948.01.
1118	4.  Impose a fine and probation pursuant to s. 948.011 when
1119	the offense is punishable by both a fine and imprisonment and
1120	probation is authorized.
1121	5.  Place the offender into community control requiring
1122	intensive supervision and surveillance pursuant to chapter 948.
1123	6.  Impose, as a condition of probation or community
1124	control, a period of treatment which shall be restricted to a
1125	county facility, a Department of Corrections probation and
1126	restitution center, a probation program drug punishment
1127	treatment community, or a community residential or
1128	nonresidential facility, excluding a community correctional
1129	center as defined in s. 944.026, which is owned and operated by
1130	any qualified public or private entity providing such services.
1131	Before admission to such a facility, the court shall obtain an
1132	individual assessment and recommendations on the appropriate
1133	treatment needs, which shall be considered by the court in
1134	ordering such placements. Placement in such a facility, except
1135	for a county residential probation facility, may not exceed 364
1136	days. Placement in a county residential probation facility may
1137	not exceed 3 years. Early termination of placement may be
1138	recommended to the court, when appropriate, by the center
1139	supervisor, the supervising probation officer, or the probation
1140	program manager.
1141	7.  Sentence the offender pursuant to s. 922.051 to
1142	imprisonment in a county jail when a statute directs
1143	imprisonment in a state prison, if the offender's cumulative
1144	sentence, whether from the same circuit or from separate
1145	circuits, is not more than 364 days.
1146	8.  Sentence the offender who is to be punished by
1147	imprisonment in a county jail to a jail in another county if
1148	there is no jail within the county suitable for such prisoner
1149	pursuant to s. 950.01.
1150	9.  Require the offender to participate in a work-release
1151	or educational or technical training program pursuant to s.
1152	951.24 while serving a sentence in a county jail, if such a
1153	program is available.
1154	10.  Require the offender to perform a specified public
1155	service pursuant to s. 775.091.
1156	11.  Require the offender who violates chapter 893 or
1157	violates any law while under the influence of a controlled
1158	substance or alcohol to participate in a substance abuse
1159	program.
1160	12.a.  Require the offender who violates any criminal
1161	provision of chapter 893 to pay an additional assessment in an
1162	amount up to the amount of any fine imposed, pursuant to ss.
1163	938.21 and 938.23.
1164	b.  Require the offender who violates any provision of s.
1165	893.13 to pay an additional assessment in an amount of $100,
1166	pursuant to ss. 938.25 and 943.361.
1167	13.  Impose a split sentence whereby the offender is to be
1168	placed in a county jail or county work camp upon the completion
1169	of any specified term of community supervision.
1170	14.  Impose split probation whereby upon satisfactory
1171	completion of half the term of probation, the Department of
1172	Corrections may place the offender on administrative probation
1173	pursuant to s. 948.01 for the remainder of the term of
1174	supervision.
1175	15.  Require residence in a state probation and restitution
1176	center or private drug treatment program for offenders on
1177	community control or offenders who have violated conditions of
1178	probation.
1179	16.  Impose any other sanction which is provided within the
1180	community and approved as an intermediate sanction by the county
1181	public safety coordinating council as described in s. 951.26.
1182	17.  Impose, as a condition of community control,
1183	probation, or probation following incarceration, a requirement
1184	that an offender who has not obtained a high school diploma or
1185	high school equivalency diploma or who lacks basic or functional
1186	literacy skills, upon acceptance by an adult education program,
1187	make a good faith effort toward completion of such basic or
1188	functional literacy skills or high school equivalency diploma,
1189	as defined in s. 1003.435, in accordance with the assessed adult
1190	general education needs of the individual offender.
1191	(b)1.  Notwithstanding any provision of former s. 921.001
1192	or s. 921.002 to the contrary, on or after October 1, 1993, the
1193	court may require any defendant who violates s. 893.13(1)(a)1.,
1194	(1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and meets the criteria
1195	described in s. 893.13(10), to successfully complete a term of
1196	probation pursuant to the terms and conditions set forth in s.
1197	948.034(1), in lieu of serving a term of imprisonment.
1198	2.  Notwithstanding any provision of former s. 921.001 or
1199	s. 921.002 to the contrary, on or after October 1, 1993, the
1200	court may require any defendant who violates s. 893.13(1)(a)2.,
1201	(2)(a)2., (5)(b), or (6)(a), and meets the criteria described in
1202	s. 893.13(11), to successfully complete a term of probation
1203	pursuant to the terms and conditions set forth in s. 948.034(2),
1204	in lieu of serving a term of imprisonment.
1205	Section 20.  For the purpose of incorporating the amendment
1206	to section 893.13, Florida Statutes, in a reference thereto,
1207	section 938.25, Florida Statutes, is reenacted to read:
1208	938.25  Operating Trust Fund of the Department of Law
1209	Enforcement.--Notwithstanding any provision to the contrary of
1210	the laws of this state, the court may assess any defendant who
1211	pleads guilty or nolo contendere to, or is convicted of, a
1212	violation of any provision of s. 893.13, without regard to
1213	whether adjudication was withheld, in addition to any fine and
1214	other penalty provided or authorized by law, an amount of $100,
1215	to be paid to the clerk of the court, who shall forward it to
1216	the Department of Revenue for deposit in the Operating Trust
1217	Fund of the Department of Law Enforcement to be used by the
1218	statewide criminal analysis laboratory system for the purposes
1219	specified in s. 943.361. The court is authorized to order a
1220	defendant to pay an additional assessment if it finds that the
1221	defendant has the ability to pay the fine and the additional
1222	assessment and will not be prevented thereby from being
1223	rehabilitated or from making restitution.
1224	Section 21.  For the purpose of incorporating the amendment
1225	to section 893.135, Florida Statutes, in references thereto,
1226	section 943.0585, Florida Statutes, is reenacted to read:
1227	943.0585  Court-ordered expunction of criminal history
1228	records.--The courts of this state have jurisdiction over their
1229	own procedures, including the maintenance, expunction, and
1230	correction of judicial records containing criminal history
1231	information to the extent such procedures are not inconsistent
1232	with the conditions, responsibilities, and duties established by
1233	this section. Any court of competent jurisdiction may order a
1234	criminal justice agency to expunge the criminal history record
1235	of a minor or an adult who complies with the requirements of
1236	this section. The court shall not order a criminal justice
1237	agency to expunge a criminal history record until the person
1238	seeking to expunge a criminal history record has applied for and
1239	received a certificate of eligibility for expunction pursuant to
1240	subsection (2). A criminal history record that relates to a
1241	violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
1242	817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
1243	847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
1244	s. 907.041 may not be expunged, without regard to whether
1245	adjudication was withheld, if the defendant was found guilty of
1246	or pled guilty or nolo contendere to the offense, or if the
1247	defendant, as a minor, was found to have committed, or pled
1248	guilty or nolo contendere to committing, the offense as a
1249	delinquent act. The court may only order expunction of a
1250	criminal history record pertaining to one arrest or one incident
1251	of alleged criminal activity, except as provided in this
1252	section. The court may, at its sole discretion, order the
1253	expunction of a criminal history record pertaining to more than
1254	one arrest if the additional arrests directly relate to the
1255	original arrest. If the court intends to order the expunction of
1256	records pertaining to such additional arrests, such intent must
1257	be specified in the order. A criminal justice agency may not
1258	expunge any record pertaining to such additional arrests if the
1259	order to expunge does not articulate the intention of the court
1260	to expunge a record pertaining to more than one arrest. This
1261	section does not prevent the court from ordering the expunction
1262	of only a portion of a criminal history record pertaining to one
1263	arrest or one incident of alleged criminal activity.
1264	Notwithstanding any law to the contrary, a criminal justice
1265	agency may comply with laws, court orders, and official requests
1266	of other jurisdictions relating to expunction, correction, or
1267	confidential handling of criminal history records or information
1268	derived therefrom. This section does not confer any right to the
1269	expunction of any criminal history record, and any request for
1270	expunction of a criminal history record may be denied at the
1271	sole discretion of the court.
1272	(1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
1273	petition to a court to expunge a criminal history record is
1274	complete only when accompanied by:
1275	(a)  A certificate of eligibility for expunction issued by
1276	the department pursuant to subsection (2).
1277	(b)  The petitioner's sworn statement attesting that the
1278	petitioner:
1279	1.  Has never, prior to the date on which the petition is
1280	filed, been adjudicated guilty of a criminal offense or
1281	comparable ordinance violation or adjudicated delinquent for
1282	committing a felony or a misdemeanor specified in s.
1283	943.051(3)(b).
1284	2.  Has not been adjudicated guilty of, or adjudicated
1285	delinquent for committing, any of the acts stemming from the
1286	arrest or alleged criminal activity to which the petition
1287	pertains.
1288	3.  Has never secured a prior sealing or expunction of a
1289	criminal history record under this section, former s. 893.14,
1290	former s. 901.33, or former s. 943.058, or from any jurisdiction
1291	outside the state.
1292	4.  Is eligible for such an expunction to the best of his
1293	or her knowledge or belief and does not have any other petition
1294	to expunge or any petition to seal pending before any court.
1295
1296	Any person who knowingly provides false information on such
1297	sworn statement to the court commits a felony of the third
1298	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1299	775.084.
1300	(2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
1301	petitioning the court to expunge a criminal history record, a
1302	person seeking to expunge a criminal history record shall apply
1303	to the department for a certificate of eligibility for
1304	expunction. The department shall, by rule adopted pursuant to
1305	chapter 120, establish procedures pertaining to the application
1306	for and issuance of certificates of eligibility for expunction.
1307	The department shall issue a certificate of eligibility for
1308	expunction to a person who is the subject of a criminal history
1309	record if that person:
1310	(a)  Has obtained, and submitted to the department, a
1311	written, certified statement from the appropriate state attorney
1312	or statewide prosecutor which indicates:
1313	1.  That an indictment, information, or other charging
1314	document was not filed or issued in the case.
1315	2.  That an indictment, information, or other charging
1316	document, if filed or issued in the case, was dismissed or nolle
1317	prosequi by the state attorney or statewide prosecutor, or was
1318	dismissed by a court of competent jurisdiction.
1319	3.  That the criminal history record does not relate to a
1320	violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
1321	817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
1322	847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
1323	s. 907.041, where the defendant was found guilty of, or pled
1324	guilty or nolo contendere to any such offense, or that the
1325	defendant, as a minor, was found to have committed, or pled
1326	guilty or nolo contendere to committing, such an offense as a
1327	delinquent act, without regard to whether adjudication was
1328	withheld.
1329	(b)  Remits a $75 processing fee to the department for
1330	placement in the Department of Law Enforcement Operating Trust
1331	Fund, unless such fee is waived by the executive director.
1332	(c)  Has submitted to the department a certified copy of
1333	the disposition of the charge to which the petition to expunge
1334	pertains.
1335	(d)  Has never, prior to the date on which the application
1336	for a certificate of eligibility is filed, been adjudicated
1337	guilty of a criminal offense or comparable ordinance violation
1338	or adjudicated delinquent for committing a felony or a
1339	misdemeanor specified in s. 943.051(3)(b).
1340	(e)  Has not been adjudicated guilty of, or adjudicated
1341	delinquent for committing, any of the acts stemming from the
1342	arrest or alleged criminal activity to which the petition to
1343	expunge pertains.
1344	(f)  Has never secured a prior sealing or expunction of a
1345	criminal history record under this section, former s. 893.14,
1346	former s. 901.33, or former s. 943.058.
1347	(g)  Is no longer under court supervision applicable to the
1348	disposition of the arrest or alleged criminal activity to which
1349	the petition to expunge pertains.
1350	(h)  Is not required to wait a minimum of 10 years prior to
1351	being eligible for an expunction of such records because all
1352	charges related to the arrest or criminal activity to which the
1353	petition to expunge pertains were dismissed prior to trial,
1354	adjudication, or the withholding of adjudication. Otherwise,
1355	such criminal history record must be sealed under this section,
1356	former s. 893.14, former s. 901.33, or former s. 943.058 for at
1357	least 10 years before such record is eligible for expunction.
1358	(3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
1359	(a)  In judicial proceedings under this section, a copy of
1360	the completed petition to expunge shall be served upon the
1361	appropriate state attorney or the statewide prosecutor and upon
1362	the arresting agency; however, it is not necessary to make any
1363	agency other than the state a party. The appropriate state
1364	attorney or the statewide prosecutor and the arresting agency
1365	may respond to the court regarding the completed petition to
1366	expunge.
1367	(b)  If relief is granted by the court, the clerk of the
1368	court shall certify copies of the order to the appropriate state
1369	attorney or the statewide prosecutor and the arresting agency.
1370	The arresting agency is responsible for forwarding the order to
1371	any other agency to which the arresting agency disseminated the
1372	criminal history record information to which the order pertains.
1373	The department shall forward the order to expunge to the Federal
1374	Bureau of Investigation. The clerk of the court shall certify a
1375	copy of the order to any other agency which the records of the
1376	court reflect has received the criminal history record from the
1377	court.
1378	(c)  For an order to expunge entered by a court prior to
1379	July 1, 1992, the department shall notify the appropriate state
1380	attorney or statewide prosecutor of an order to expunge which is
1381	contrary to law because the person who is the subject of the
1382	record has previously been convicted of a crime or comparable
1383	ordinance violation or has had a prior criminal history record
1384	sealed or expunged. Upon receipt of such notice, the appropriate
1385	state attorney or statewide prosecutor shall take action, within
1386	60 days, to correct the record and petition the court to void
1387	the order to expunge. The department shall seal the record until
1388	such time as the order is voided by the court.
1389	(d)  On or after July 1, 1992, the department or any other
1390	criminal justice agency is not required to act on an order to
1391	expunge entered by a court when such order does not comply with
1392	the requirements of this section. Upon receipt of such an order,
1393	the department must notify the issuing court, the appropriate
1394	state attorney or statewide prosecutor, the petitioner or the
1395	petitioner's attorney, and the arresting agency of the reason
1396	for noncompliance. The appropriate state attorney or statewide
1397	prosecutor shall take action within 60 days to correct the
1398	record and petition the court to void the order. No cause of
1399	action, including contempt of court, shall arise against any
1400	criminal justice agency for failure to comply with an order to
1401	expunge when the petitioner for such order failed to obtain the
1402	certificate of eligibility as required by this section or such
1403	order does not otherwise comply with the requirements of this
1404	section.
1405	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
1406	criminal history record of a minor or an adult which is ordered
1407	expunged by a court of competent jurisdiction pursuant to this
1408	section must be physically destroyed or obliterated by any
1409	criminal justice agency having custody of such record; except
1410	that any criminal history record in the custody of the
1411	department must be retained in all cases. A criminal history
1412	record ordered expunged that is retained by the department is
1413	confidential and exempt from the provisions of s. 119.07(1) and
1414	s. 24(a), Art. I of the State Constitution and not available to
1415	any person or entity except upon order of a court of competent
1416	jurisdiction. A criminal justice agency may retain a notation
1417	indicating compliance with an order to expunge.
1418	(a)  The person who is the subject of a criminal history
1419	record that is expunged under this section or under other
1420	provisions of law, including former s. 893.14, former s. 901.33,
1421	and former s. 943.058, may lawfully deny or fail to acknowledge
1422	the arrests covered by the expunged record, except when the
1423	subject of the record:
1424	1.  Is a candidate for employment with a criminal justice
1425	agency;
1426	2.  Is a defendant in a criminal prosecution;
1427	3.  Concurrently or subsequently petitions for relief under
1428	this section or s. 943.059;
1429	4.  Is a candidate for admission to The Florida Bar;
1430	5.  Is seeking to be employed or licensed by or to contract
1431	with the Department of Children and Family Services or the
1432	Department of Juvenile Justice or to be employed or used by such
1433	contractor or licensee in a sensitive position having direct
1434	contact with children, the developmentally disabled, the aged,
1435	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1436	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1437	409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or
1438	6.  Is seeking to be employed or licensed by the Office of
1439	Teacher Education, Certification, Staff Development, and
1440	Professional Practices of the Department of Education, any
1441	district school board, or any local governmental entity that
1442	licenses child care facilities.
1443	(b)  Subject to the exceptions in paragraph (a), a person
1444	who has been granted an expunction under this section, former s.
1445	893.14, former s. 901.33, or former s. 943.058 may not be held
1446	under any provision of law of this state to commit perjury or to
1447	be otherwise liable for giving a false statement by reason of
1448	such person's failure to recite or acknowledge an expunged
1449	criminal history record.
1450	(c)  Information relating to the existence of an expunged
1451	criminal history record which is provided in accordance with
1452	paragraph (a) is confidential and exempt from the provisions of
1453	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1454	except that the department shall disclose the existence of a
1455	criminal history record ordered expunged to the entities set
1456	forth in subparagraphs (a)1., 4., 5., and 6. for their
1457	respective licensing and employment purposes, and to criminal
1458	justice agencies for their respective criminal justice purposes.
1459	It is unlawful for any employee of an entity set forth in
1460	subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
1461	subparagraph (a)6. to disclose information relating to the
1462	existence of an expunged criminal history record of a person
1463	seeking employment or licensure with such entity or contractor,
1464	except to the person to whom the criminal history record relates
1465	or to persons having direct responsibility for employment or
1466	licensure decisions. Any person who violates this paragraph
1467	commits a misdemeanor of the first degree, punishable as
1468	provided in s. 775.082 or s. 775.083.
1469	(5)  STATUTORY REFERENCES.--Any reference to any other
1470	chapter, section, or subdivision of the Florida Statutes in this
1471	section constitutes a general reference under the doctrine of
1472	incorporation by reference.
1473	Section 22.  For the purpose of incorporating the amendment
1474	to section 893.135, Florida Statutes, in references thereto,
1475	Section 943.059, Florida Statutes, is reenacted to read:
1476	943.059  Court-ordered sealing of criminal history
1477	records.--The courts of this state shall continue to have
1478	jurisdiction over their own procedures, including the
1479	maintenance, sealing, and correction of judicial records
1480	containing criminal history information to the extent such
1481	procedures are not inconsistent with the conditions,
1482	responsibilities, and duties established by this section. Any
1483	court of competent jurisdiction may order a criminal justice
1484	agency to seal the criminal history record of a minor or an
1485	adult who complies with the requirements of this section. The
1486	court shall not order a criminal justice agency to seal a
1487	criminal history record until the person seeking to seal a
1488	criminal history record has applied for and received a
1489	certificate of eligibility for sealing pursuant to subsection
1490	(2). A criminal history record that relates to a violation of s.
1491	787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
1492	825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
1493	847.0145, s. 893.135, or a violation enumerated in s. 907.041
1494	may not be sealed, without regard to whether adjudication was
1495	withheld, if the defendant was found guilty of or pled guilty or
1496	nolo contendere to the offense, or if the defendant, as a minor,
1497	was found to have committed or pled guilty or nolo contendere to
1498	committing the offense as a delinquent act. The court may only
1499	order sealing of a criminal history record pertaining to one
1500	arrest or one incident of alleged criminal activity, except as
1501	provided in this section. The court may, at its sole discretion,
1502	order the sealing of a criminal history record pertaining to
1503	more than one arrest if the additional arrests directly relate
1504	to the original arrest. If the court intends to order the
1505	sealing of records pertaining to such additional arrests, such
1506	intent must be specified in the order. A criminal justice agency
1507	may not seal any record pertaining to such additional arrests if
1508	the order to seal does not articulate the intention of the court
1509	to seal records pertaining to more than one arrest. This section
1510	does not prevent the court from ordering the sealing of only a
1511	portion of a criminal history record pertaining to one arrest or
1512	one incident of alleged criminal activity. Notwithstanding any
1513	law to the contrary, a criminal justice agency may comply with
1514	laws, court orders, and official requests of other jurisdictions
1515	relating to sealing, correction, or confidential handling of
1516	criminal history records or information derived therefrom. This
1517	section does not confer any right to the sealing of any criminal
1518	history record, and any request for sealing a criminal history
1519	record may be denied at the sole discretion of the court.
1520	(1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
1521	petition to a court to seal a criminal history record is
1522	complete only when accompanied by:
1523	(a)  A certificate of eligibility for sealing issued by the
1524	department pursuant to subsection (2).
1525	(b)  The petitioner's sworn statement attesting that the
1526	petitioner:
1527	1.  Has never, prior to the date on which the petition is
1528	filed, been adjudicated guilty of a criminal offense or
1529	comparable ordinance violation or adjudicated delinquent for
1530	committing a felony or a misdemeanor specified in s.
1531	943.051(3)(b).
1532	2.  Has not been adjudicated guilty of or adjudicated
1533	delinquent for committing any of the acts stemming from the
1534	arrest or alleged criminal activity to which the petition to
1535	seal pertains.
1536	3.  Has never secured a prior sealing or expunction of a
1537	criminal history record under this section, former s. 893.14,
1538	former s. 901.33, former s. 943.058, or from any jurisdiction
1539	outside the state.
1540	4.  Is eligible for such a sealing to the best of his or
1541	her knowledge or belief and does not have any other petition to
1542	seal or any petition to expunge pending before any court.
1543
1544	Any person who knowingly provides false information on such
1545	sworn statement to the court commits a felony of the third
1546	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1547	775.084.
1548	(2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
1549	petitioning the court to seal a criminal history record, a
1550	person seeking to seal a criminal history record shall apply to
1551	the department for a certificate of eligibility for sealing. The
1552	department shall, by rule adopted pursuant to chapter 120,
1553	establish procedures pertaining to the application for and
1554	issuance of certificates of eligibility for sealing. The
1555	department shall issue a certificate of eligibility for sealing
1556	to a person who is the subject of a criminal history record
1557	provided that such person:
1558	(a)  Has submitted to the department a certified copy of
1559	the disposition of the charge to which the petition to seal
1560	pertains.
1561	(b)  Remits a $75 processing fee to the department for
1562	placement in the Department of Law Enforcement Operating Trust
1563	Fund, unless such fee is waived by the executive director.
1564	(c)  Has never, prior to the date on which the application
1565	for a certificate of eligibility is filed, been adjudicated
1566	guilty of a criminal offense or comparable ordinance violation
1567	or adjudicated delinquent for committing a felony or a
1568	misdemeanor specified in s. 943.051(3)(b).
1569	(d)  Has not been adjudicated guilty of or adjudicated
1570	delinquent for committing any of the acts stemming from the
1571	arrest or alleged criminal activity to which the petition to
1572	seal pertains.
1573	(e)  Has never secured a prior sealing or expunction of a
1574	criminal history record under this section, former s. 893.14,
1575	former s. 901.33, or former s. 943.058.
1576	(f)  Is no longer under court supervision applicable to the
1577	disposition of the arrest or alleged criminal activity to which
1578	the petition to seal pertains.
1579	(3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
1580	(a)  In judicial proceedings under this section, a copy of
1581	the completed petition to seal shall be served upon the
1582	appropriate state attorney or the statewide prosecutor and upon
1583	the arresting agency; however, it is not necessary to make any
1584	agency other than the state a party. The appropriate state
1585	attorney or the statewide prosecutor and the arresting agency
1586	may respond to the court regarding the completed petition to
1587	seal.
1588	(b)  If relief is granted by the court, the clerk of the
1589	court shall certify copies of the order to the appropriate state
1590	attorney or the statewide prosecutor and to the arresting
1591	agency. The arresting agency is responsible for forwarding the
1592	order to any other agency to which the arresting agency
1593	disseminated the criminal history record information to which
1594	the order pertains. The department shall forward the order to
1595	seal to the Federal Bureau of Investigation. The clerk of the
1596	court shall certify a copy of the order to any other agency
1597	which the records of the court reflect has received the criminal
1598	history record from the court.
1599	(c)  For an order to seal entered by a court prior to July
1600	1, 1992, the department shall notify the appropriate state
1601	attorney or statewide prosecutor of any order to seal which is
1602	contrary to law because the person who is the subject of the
1603	record has previously been convicted of a crime or comparable
1604	ordinance violation or has had a prior criminal history record
1605	sealed or expunged. Upon receipt of such notice, the appropriate
1606	state attorney or statewide prosecutor shall take action, within
1607	60 days, to correct the record and petition the court to void
1608	the order to seal. The department shall seal the record until
1609	such time as the order is voided by the court.
1610	(d)  On or after July 1, 1992, the department or any other
1611	criminal justice agency is not required to act on an order to
1612	seal entered by a court when such order does not comply with the
1613	requirements of this section. Upon receipt of such an order, the
1614	department must notify the issuing court, the appropriate state
1615	attorney or statewide prosecutor, the petitioner or the
1616	petitioner's attorney, and the arresting agency of the reason
1617	for noncompliance. The appropriate state attorney or statewide
1618	prosecutor shall take action within 60 days to correct the
1619	record and petition the court to void the order. No cause of
1620	action, including contempt of court, shall arise against any
1621	criminal justice agency for failure to comply with an order to
1622	seal when the petitioner for such order failed to obtain the
1623	certificate of eligibility as required by this section or when
1624	such order does not comply with the requirements of this
1625	section.
1626	(e)  An order sealing a criminal history record pursuant to
1627	this section does not require that such record be surrendered to
1628	the court, and such record shall continue to be maintained by
1629	the department and other criminal justice agencies.
1630	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
1631	history record of a minor or an adult which is ordered sealed by
1632	a court of competent jurisdiction pursuant to this section is
1633	confidential and exempt from the provisions of s. 119.07(1) and
1634	s. 24(a), Art. I of the State Constitution and is available only
1635	to the person who is the subject of the record, to the subject's
1636	attorney, to criminal justice agencies for their respective
1637	criminal justice purposes, or to those entities set forth in
1638	subparagraphs (a)1., 4., 5., and 6. for their respective
1639	licensing and employment purposes.
1640	(a)  The subject of a criminal history record sealed under
1641	this section or under other provisions of law, including former
1642	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1643	deny or fail to acknowledge the arrests covered by the sealed
1644	record, except when the subject of the record:
1645	1.  Is a candidate for employment with a criminal justice
1646	agency;
1647	2.  Is a defendant in a criminal prosecution;
1648	3.  Concurrently or subsequently petitions for relief under
1649	this section or s. 943.0585;
1650	4.  Is a candidate for admission to The Florida Bar;
1651	5.  Is seeking to be employed or licensed by or to contract
1652	with the Department of Children and Family Services or the
1653	Department of Juvenile Justice or to be employed or used by such
1654	contractor or licensee in a sensitive position having direct
1655	contact with children, the developmentally disabled, the aged,
1656	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1657	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1658	409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
1659	400; or
1660	6.  Is seeking to be employed or licensed by the Office of
1661	Teacher Education, Certification, Staff Development, and
1662	Professional Practices of the Department of Education, any
1663	district school board, or any local governmental entity which
1664	licenses child care facilities.
1665	(b)  Subject to the exceptions in paragraph (a), a person
1666	who has been granted a sealing under this section, former s.
1667	893.14, former s. 901.33, or former s. 943.058 may not be held
1668	under any provision of law of this state to commit perjury or to
1669	be otherwise liable for giving a false statement by reason of
1670	such person's failure to recite or acknowledge a sealed criminal
1671	history record.
1672	(c)  Information relating to the existence of a sealed
1673	criminal record provided in accordance with the provisions of
1674	paragraph (a) is confidential and exempt from the provisions of
1675	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1676	except that the department shall disclose the sealed criminal
1677	history record to the entities set forth in subparagraphs (a)1.,
1678	4., 5., and 6. for their respective licensing and employment
1679	purposes. It is unlawful for any employee of an entity set forth
1680	in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
1681	or subparagraph (a)6. to disclose information relating to the
1682	existence of a sealed criminal history record of a person
1683	seeking employment or licensure with such entity or contractor,
1684	except to the person to whom the criminal history record relates
1685	or to persons having direct responsibility for employment or
1686	licensure decisions. Any person who violates the provisions of
1687	this paragraph commits a misdemeanor of the first degree,
1688	punishable as provided in s. 775.082 or s. 775.083.
1689	(5)  STATUTORY REFERENCES.--Any reference to any other
1690	chapter, section, or subdivision of the Florida Statutes in this
1691	section constitutes a general reference under the doctrine of
1692	incorporation by reference.
1693	Section 23.  For the purpose of incorporating the amendment
1694	to section 893.13, Florida Statutes, in references thereto,
1695	subsections (1) and (2) of section 948.034, Florida Statutes,
1696	are reenacted to read:
1697	948.034  Terms and conditions of probation; community
1698	residential drug punishment centers.--
1699	(1)  On or after October 1, 1993, any person who violates
1700	s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a) may,
1701	in the discretion of the trial court, be required to
1702	successfully complete a term of probation in lieu of serving a
1703	term of imprisonment as required or authorized by s. 775.084,
1704	former s. 921.001, or s. 921.002, as follows:
1705	(a)  If the person has not previously been convicted of
1706	violating s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or
1707	(5)(a), adjudication may be withheld and the offender may be
1708	placed on probation for not less than 18 months, as a condition
1709	of which the court shall require the offender to reside at a
1710	community residential drug punishment center for 90 days. The
1711	offender must comply with all rules and regulations of the
1712	center and must pay a fee for the costs of room and board and
1713	residential supervision. Placement of an offender into a
1714	community residential drug punishment center is subject to
1715	budgetary considerations and availability of bed space. If the
1716	court requires the offender to reside at a community residential
1717	drug punishment center, the court shall also require the
1718	offender to comply with one or more of the other following terms
1719	and conditions:
1720	1.  Pay a fine of not less than $500 nor more than $10,000
1721	pursuant to s. 775.083(1)(c).
1722	2.  Enter, regularly attend, and successfully complete a
1723	substance abuse education program of at least 40 hours or a
1724	prescribed substance abuse treatment program provided by a
1725	treatment resource licensed pursuant to chapter 397 or by a
1726	hospital licensed pursuant to chapter 395, as specified by the
1727	court. In addition, the court may refer the offender to a
1728	licensed agency for substance abuse evaluation and, if
1729	appropriate, substance abuse treatment subject to the ability of
1730	the offender to pay for such evaluation and treatment. If such
1731	referral is made, the offender must comply and must pay for the
1732	reasonable cost of the evaluation and treatment.
1733	3.  Perform at least 100 hours of public service.
1734	4.  Submit to routine and random drug testing which may be
1735	conducted during the probationary period, with the reasonable
1736	costs thereof borne by the offender.
1737	5.  Participate, at his or her own expense, in an
1738	appropriate self-help group, such as Narcotics Anonymous,
1739	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1740	(b)  If the person has been previously convicted of one
1741	felony violation of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,
1742	(2)(a)1., or (5)(a), adjudication may not be withheld and the
1743	offender may be placed on probation for not less than 24 months,
1744	as a condition of which the court shall require the offender to
1745	reside at a community residential drug punishment center for 180
1746	days. The offender must comply with all rules and regulations of
1747	the center and must pay a fee for the costs of room and board
1748	and residential supervision. Placement of an offender into a
1749	community residential drug punishment center is subject to
1750	budgetary considerations and availability of bed space. If the
1751	court requires the offender to reside at a community residential
1752	drug punishment center, the court shall also require the
1753	offender to comply with one or more of the other following terms
1754	and conditions:
1755	1.  Pay a fine of not less than $1,000 nor more than
1756	$10,000 pursuant to s. 775.083(1)(c).
1757	2.  Enter, regularly attend, and successfully complete a
1758	substance abuse education program of at least 40 hours or a
1759	prescribed substance abuse treatment program provided by a
1760	treatment resource licensed pursuant to chapter 397 or by a
1761	hospital licensed pursuant to chapter 395, as specified by the
1762	court. In addition, the court may refer the offender to a
1763	licensed agency for substance abuse evaluation and, if
1764	appropriate, substance abuse treatment subject to the ability of
1765	the offender to pay for such evaluation and treatment. If such
1766	referral is made, the offender must comply and must pay for the
1767	reasonable cost of the evaluation and treatment.
1768	3.  Perform at least 200 hours of public service.
1769	4.  Submit to routine and random drug testing which may be
1770	conducted during the probationary period, with the reasonable
1771	costs thereof borne by the offender.
1772	5.  Participate, at his or her own expense, in an
1773	appropriate self-help group, such as Narcotics Anonymous,
1774	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1775	(c)  If the person has been previously convicted of two
1776	felony violations of s. 893.13(2)(a)1. or (5)(a), adjudication
1777	may not be withheld and the offender may be placed on probation
1778	for not less than 36 months, as a condition of which the court
1779	shall require the offender to reside at a community residential
1780	drug punishment center for 360 days. The offender must comply
1781	with all rules and regulations of the center and must pay a fee
1782	for the costs of room and board and residential supervision.
1783	Placement of an offender into a community residential drug
1784	punishment center is subject to budgetary considerations and
1785	availability of bed space. If the court requires the offender to
1786	reside at a community residential drug punishment center, the
1787	court shall also require the offender to comply with one or more
1788	of the other following terms and conditions:
1789	1.  Pay a fine of not less than $1,500 nor more than
1790	$10,000 pursuant to s. 775.083(1)(c).
1791	2.  Enter, regularly attend, and successfully complete a
1792	substance abuse education program of at least 40 hours or a
1793	prescribed substance abuse treatment program provided by a
1794	treatment resource licensed pursuant to chapter 397 or by a
1795	hospital licensed pursuant to chapter 395, as specified by the
1796	court. In addition, the court may refer the offender to a
1797	licensed agency for substance abuse evaluation and, if
1798	appropriate, substance abuse treatment subject to the ability of
1799	the offender to pay for such evaluation and treatment. If such
1800	referral is made, the offender must comply and must pay for the
1801	reasonable cost of the evaluation and treatment.
1802	3.  Perform at least 300 hours of public service.
1803	4.  Submit to routine and random drug testing which may be
1804	conducted during the probationary period, with the reasonable
1805	costs thereof borne by the offender.
1806	5.  Participate, at his or her own expense, in an
1807	appropriate self-help group, such as Narcotics Anonymous,
1808	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1809	(d)  An offender who violates probation imposed pursuant to
1810	this section shall be sentenced in accordance with s. 921.002.
1811	(2)  On or after October 1, 1993, any person who violates
1812	s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a) may, in the
1813	discretion of the trial court, be required to successfully
1814	complete a term of probation in lieu of serving a term of
1815	imprisonment as required or authorized by s. 775.084, former s.
1816	921.001, or s. 921.002, as follows:
1817	(a)  If the person has not previously been convicted of
1818	violating s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a),
1819	adjudication may be withheld and the offender shall be placed on
1820	probation for not less than 12 months, as a condition of which
1821	the court may require the offender to comply with one or more of
1822	the following terms and conditions:
1823	1.  Pay a fine of not less than $250 nor more than $5,000
1824	pursuant to s. 775.083(1)(c).
1825	2.  Enter, regularly attend, and successfully complete a
1826	substance abuse education program of at least 40 hours or a
1827	prescribed substance abuse treatment program provided by a
1828	treatment resource licensed pursuant to chapter 397 or by a
1829	hospital licensed pursuant to chapter 395, as specified by the
1830	court. In addition, the court may refer the offender to a
1831	licensed agency for substance abuse evaluation and, if
1832	appropriate, substance abuse treatment subject to the ability of
1833	the offender to pay for such evaluation and treatment. If such
1834	referral is made, the offender must comply and must pay for the
1835	reasonable cost of the evaluation and treatment.
1836	3.  Perform at least 50 hours of public service.
1837	4.  Submit to routine and random drug testing which may be
1838	conducted during the probationary period, with the reasonable
1839	costs thereof borne by the offender.
1840	5.  Participate, at his or her own expense, in an
1841	appropriate self-help group, such as Narcotics Anonymous,
1842	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1843	(b)  If the person has been previously convicted of one
1844	felony violation of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or
1845	(6)(a), adjudication may not be withheld and the offender may be
1846	placed on probation for not less than 18 months, as a condition
1847	of which the court shall require the offender to reside at a
1848	community residential drug punishment center for 90 days. The
1849	offender must comply with all rules and regulations of the
1850	center and must pay a fee for the costs of room and board and
1851	residential supervision. Placement of an offender into a
1852	community residential drug punishment center is subject to
1853	budgetary considerations and availability of bed space. If the
1854	court requires the offender to reside at a community residential
1855	drug punishment center, the court shall also require the
1856	offender to comply with one or more of the other following terms
1857	and conditions:
1858	1.  Pay a fine of not less than $500 nor more than $5,000
1859	pursuant to s. 775.083(1)(c).
1860	2.  Enter, regularly attend, and successfully complete a
1861	substance abuse intervention program of a least 80 hours
1862	provided by a treatment resource licensed pursuant to chapter
1863	397 or by a hospital licensed pursuant to chapter 395, as
1864	specified by the court. In addition, the court may refer the
1865	offender to a licensed agency for substance abuse evaluation
1866	and, if appropriate, substance abuse treatment subject to the
1867	ability of the offender to pay for such evaluation and
1868	treatment. If such referral is made, the offender must comply
1869	and must pay for the reasonable cost of the evaluation and
1870	treatment.
1871	3.  Perform at least 100 hours of public service.
1872	4.  Submit to routine and random drug testing which may be
1873	conducted during the probationary period, with the reasonable
1874	costs thereof borne by the offender.
1875	5.  Participate, at his or her own expense, in an
1876	appropriate self-help group, such as Narcotics Anonymous,
1877	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1878	(c)  If the person has been previously convicted of two
1879	felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
1880	adjudication may not be withheld and the offender may be placed
1881	on probation for not less than 24 months, as a condition of
1882	which the court shall require the offender to reside at a
1883	community residential drug punishment center for 120 days. The
1884	offender must comply with all rules and regulations of the
1885	center and must pay a fee for the costs of room and board and
1886	residential supervision. Placement of an offender into a
1887	community residential drug punishment center is subject to
1888	budgetary considerations and availability of bed space. If the
1889	court requires the offender to reside at a community residential
1890	drug punishment center, the court shall also require the
1891	offender to comply with one or more of the other following terms
1892	and conditions:
1893	1.  Pay a fine of not less than $1,000 nor more than $5,000
1894	pursuant to s. 775.083(1)(c).
1895	2.  Enter, regularly attend, and successfully complete a
1896	prescribed substance abuse treatment program provided by a
1897	treatment resource licensed pursuant to chapter 397 or by a
1898	hospital licensed pursuant to chapter 395, as specified by the
1899	court. In addition, the court may refer the offender to a
1900	licensed agency for substance abuse evaluation and, if
1901	appropriate, substance abuse treatment subject to the ability of
1902	the offender to pay for such evaluation and treatment. If such
1903	referral is made, the offender must comply and must pay for the
1904	reasonable cost of the evaluation and treatment.
1905	3.  Perform at least 150 hours of public service.
1906	4.  Submit to routine and random drug testing which may be
1907	conducted during the probationary period, with the reasonable
1908	costs thereof borne by the offender.
1909	5.  Participate, at his or her own expense, in an
1910	appropriate self-help group, such as Narcotics Anonymous,
1911	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1912	(d)  If the person has been previously convicted of three
1913	felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
1914	adjudication may not be withheld and the offender may be placed
1915	on probation for not less than 30 months, as a condition of
1916	which the court shall require the offender to reside at a
1917	community residential drug punishment center for 200 days. The
1918	offender must comply with all rules and regulations of the
1919	center and must pay a fee for the costs of room and board and
1920	residential supervision. Placement of an offender into a
1921	community residential drug punishment center is subject to
1922	budgetary considerations and availability of bed space. If the
1923	court requires the offender to reside at a community residential
1924	drug punishment center, the court shall also require the
1925	offender to comply with one or more of the other following terms
1926	and conditions:
1927	1.  Pay a fine of not less than $1,500 nor more than $5,000
1928	pursuant to s. 775.083(1)(c).
1929	2.  Enter, regularly attend, and successfully complete a
1930	prescribed substance abuse treatment program provided by a
1931	treatment resource licensed pursuant to chapter 397 or by a
1932	hospital licensed pursuant to chapter 395, as specified by the
1933	court. In addition, the court may refer the offender to a
1934	licensed agency for substance abuse evaluation and, if
1935	appropriate, substance abuse treatment subject to the ability of
1936	the offender to pay for such evaluation and treatment. If such
1937	referral is made, the offender must comply and must pay for the
1938	reasonable cost of the evaluation and treatment.
1939	3.  Perform at least 200 hours of public service.
1940	4.  Submit to routine and random drug testing which may be
1941	conducted during the probationary period, with the reasonable
1942	costs thereof borne by the offender.
1943	5.  Participate, at his or her own expense, in an
1944	appropriate self-help group, such as Narcotics Anonymous,
1945	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1946	(e)  If the person has been previously convicted of four
1947	felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
1948	adjudication may not be withheld and the offender may be placed
1949	on probation for not less than 36 months, as a condition of
1950	which the court shall require the offender to reside at a
1951	community residential drug punishment center for 360 days. The
1952	offender must comply with all rules and regulations of the
1953	center and must pay a fee for the costs of room and board and
1954	residential supervision. Placement of an offender into a
1955	community residential drug punishment center is subject to
1956	budgetary considerations and availability of bed space. If the
1957	court requires the offender to reside at a community residential
1958	drug punishment center, the court shall also require the
1959	offender to comply with one or more of the other following terms
1960	and conditions:
1961	1.  Pay a fine of not less than $2,000 nor more than $5,000
1962	pursuant to s. 775.083(1)(c).
1963	2.  Enter, regularly attend, and successfully complete a
1964	prescribed substance abuse treatment program provided by a
1965	treatment resource licensed pursuant to chapter 397 or by a
1966	hospital licensed pursuant to chapter 395, as specified by the
1967	court. In addition, the court may refer the offender to a
1968	licensed agency for substance abuse evaluation and, if
1969	appropriate, substance abuse treatment subject to the ability of
1970	the offender to pay for such evaluation and treatment. If such
1971	referral is made, the offender must comply and must pay for the
1972	reasonable cost of the evaluation and treatment.
1973	3.  Perform at least 250 hours of public service.
1974	4.  Submit to routine and random drug testing which may be
1975	conducted during the probationary period, with the reasonable
1976	costs thereof borne by the offender.
1977	5.  Participate, at his or her own expense, in an
1978	appropriate self-help group, such as Narcotics Anonymous,
1979	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1980	(f)  An offender who violates probation imposed pursuant to
1981	this section shall be sentenced in accordance with s. 921.002.
1982	Section 24.  This act shall take effect July 1, 2004, and
1983	shall apply to offenses committed on or after that date.

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