HB 1347

CS

CHAMBER ACTION

1	The Justice Appropriations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to controlled substances; amending s.
7	893.033, F.S.; revising the definition of "listed
8	precursor chemical" to include benzaldehyde, hydriodic
9	acid, and nitroethane, and to remove anhydrous ammonia and
10	benzyl chloride; revising the definition of "listed
11	essential chemical" to include anhydrous ammonia, benzyl
12	chloride, hydrochloric gas, and iodine; amending s.
13	893.13, F.S.; prohibiting a person from manufacturing
14	methamphetamine or phencyclidine or from possessing listed
15	chemicals with the intent to manufacture methamphetamine
16	or phencyclidine; providing criminal penalties; providing
17	for minimum terms of imprisonment in circumstances where a
18	person commits or attempts to commit such crime in a
19	structure or conveyance where a child is present and in
20	circumstances where a child suffers great bodily harm;
21	providing criminal penalties in circumstances where a
22	person fails to store anhydrous ammonia as required;
23	providing criminal penalties in circumstances involving a
24	violation of ch. 893, F.S., which results in serious
25	injury to a state, local, or federal law enforcement
26	officer; increasing the criminal penalties if such
27	violation results in death or great bodily harm to such
28	officer; prohibiting a person from selling, manufacturing,
29	delivering, or attempting to sell, manufacture, or deliver
30	a controlled substance in, on, or within 1,000 feet of an
31	assisted living facility; providing criminal penalties for
32	such offense; specifying minimum terms of imprisonment for
33	such offense; amending s. 893.135, F.S.; including
34	offenses involving pseudoephedrine within the offense of
35	trafficking in amphetamine; providing criminal penalties;
36	providing that it is a capital offense to manufacture or
37	import pseudoephedrine knowing that the probable result
38	will be death; amending s. 893.149, F.S., relating to the
39	prohibition against possessing listed chemicals; providing
40	an exception to such prohibition for a person authorized
41	to clean up or dispose of hazardous waste or toxic
42	substances pursuant to ch. 893, F.S.; providing that
43	damages arising out of the unlawful possession of, storage
44	of, or tampering with a listed chemical is the sole
45	responsibility of the person unlawfully possessing,
46	storing, or tampering with the chemical; providing that
47	the lawful owner, installer, maintainer, designer,
48	manufacturer, possessor, or seller is immune from
49	liability in the absence of negligent misconduct or
50	failure to abide by laws governing possession or storage;
51	creating s. 893.1495, F.S.; limiting retail sales of
52	products containing more than a specified amount of
53	ephedrine or related compounds in a single transaction;
54	providing restrictions on the retail display of products
55	containing ephedrine or related compounds; requiring
56	specified training for employees of retail outlets who
57	engage in the retail sale of such products; providing that
58	local regulations passed after a specified date that are
59	more restrictive than this act are superseded; providing
60	criminal penalties; reenacting s. 893.02(12), F.S.,
61	relating to the definition of the term "listed chemical,"
62	for the purpose of incorporating the amendment to s.
63	893.033, F.S., in a reference thereto; reenacting ss.
64	435.07(2), 921.187(1), 938.25, and 948.034(1) and (2),
65	F.S., relating to exemptions from disqualification for
66	certain employment, disposition and sentencing
67	alternatives, the assessment of fees for purposes of
68	funding the Operating Trust Fund of the Department of Law
69	Enforcement, and the terms and conditions of probation,
70	respectively, for the purpose of incorporating the
71	amendment to s. 893.13, F.S., in references thereto;
72	reenacting ss. 311.12(3)(c), 414.095(1), 775.087(2)(a) and
73	(3)(a), 782.04(1)(a), (3)(a), and (4)(a), 893.13(8)(d),
74	907.041(4)(c), 921.0022(3)(g), (h), and (i), 921.0024(1),
75	921.142(2), 943.0585, and 943.059, F.S., relating to
76	seaport security standards, eligibility for temporary cash
77	assistance, mandatory sentencing in circumstances
78	involving the possession of use of a weapon, specified
79	offenses that may be charged as murder if death results,
80	prohibited acts by prescribing practitioners,
81	circumstances in which the court may order pretrial
82	detention, the offense severity ranking chart of the
83	Criminal Punishment Code, worksheet computations and
84	scoresheets under the Criminal Punishment Code, sentencing
85	in capital drug trafficking cases, limitations on
86	circumstances in which a criminal history record may be
87	expunged, and limitations on circumstances in which a
88	criminal history record may be sealed, respectively, for
89	the purpose of incorporating the amendment to s. 895.135,
90	F.S., in references thereto; reenacting ss. 397.451(4)(b)
91	and (6), 772.12(2)(a), 893.1351(1), and 903.133, F.S.,
92	relating to background checks of service provider
93	personnel, the Drug Dealer Liability Act, the prohibition
94	against leasing or renting for the purpose of trafficking
95	in a controlled substance, and the limitation of admission
96	to bail, respectively, for the purpose of incorporating
97	the amendments to ss. 893.13 and 893.135, F.S., in
98	references thereto; providing applicability; providing an
99	effective date.
100
101	Be It Enacted by the Legislature of the State of Florida:
102
103	Section 1.  Section 893.033, Florida Statutes, is amended
104	to read:
105	893.033  Listed chemicals.--The chemicals listed in this
106	section are included by whatever official, common, usual,
107	chemical, or trade name designated.
108	(1)  PRECURSOR CHEMICALS.--The term "listed precursor
109	chemical" means a chemical that may be used in manufacturing a
110	controlled substance in violation of this chapter and is
111	critical to the creation of the controlled substance, and such
112	term includes any salt, optical isomer, or salt of an optical
113	isomer, whenever the existence of such salt, optical isomer, or
114	salt of optical isomer is possible within the specific chemical
115	designation. The following are "listed precursor chemicals":
116	(a)  Anhydrous ammonia.
117	(a)(b)  Anthranilic acid.
118	(b)  Benzaldehyde.
119	(c)  Benzyl chloride.
120	(c)(d)  Benzyl cyanide.
121	(d)(e)  Chloroephedrine.
122	(e)(f)  Chloropseudoephedrine.
123	(f)(g)  Ephedrine.
124	(g)(h)  Ergonovine.
125	(h)(i)  Ergotamine.
126	(i)  Hydriodic acid.
127	(j)  Ethylamine.
128	(k)  Isosafrole.
129	(l)  Methylamine.
130	(m)  3, 4-Methylenedioxyphenyl-2-propanone.
131	(n)  N-acetylanthranilic acid.
132	(o)  N-ethylephedrine.
133	(p)  N-ethylpseudoephedrine.
134	(q)  N-methylephedrine.
135	(r)  N-methylpseudoephedrine.
136	(s)  Nitroethane.
137	(t)(s)  Norpseudoephedrine.
138	(u)(t)  Phenylacetic acid.
139	(v)(u)  Phenylpropanolamine.
140	(w)(v)  Piperidine.
141	(x)(w)  Piperonal.
142	(y)(x)  Propionic anhydride.
143	(z)(y)  Pseudoephedrine.
144	(aa)(z)  Safrole.
145	(2)  ESSENTIAL CHEMICALS.--The term "listed essential
146	chemical" means a chemical that may be used as a solvent,
147	reagent, or catalyst in manufacturing a controlled substance in
148	violation of this chapter. The following are "listed essential
149	chemicals":
150	(a)  Acetic anhydride.
151	(b)  Acetone.
152	(c)  Anhydrous ammonia.
153	(d)  Benzyl chloride.
154	(e)(c)  2-Butanone.
155	(f)(d)  Ethyl ether.
156	(g)  Hydrochloric gas.
157	(h)(e)  Hydriodic acid.
158	(i)  Iodine.
159	(j)(f)  Potassium permanganate.
160	(k)(g)  Toluene.
161	Section 2.  Paragraphs (g) and (h) are added to subsection
162	(1) of section 893.13, Florida Statutes, paragraphs (a) and (c)
163	of subsection (7) of said section are amended, subsection (12)
164	is added to said section, and paragraph (d) of subsection (8) of
165	said section is reenacted for purpose of incorporating the
166	amendment to section 893.135, Florida Statutes, in a reference
167	thereto, to read:
168	893.13  Prohibited acts; penalties.--
169	(1)
170	(g)  Except as authorized by this chapter, it is unlawful
171	for any person to manufacture methamphetamine or phencyclidine,
172	or possess any listed chemical as defined in s. 893.033 in
173	violation of s. 893.149 and with intent to manufacture
174	methamphetamine or phencyclidine. If any person violates this
175	paragraph and:
176	1.  The commission or attempted commission of the crime
177	occurs in a structure or conveyance where any child under 16
178	years of age is present, the person commits a felony of the
179	first degree, punishable as provided in s. 775.082, s. 775.083,
180	or s. 775.084. In addition, the defendant must be sentenced to a
181	minimum term of imprisonment of 5 calendar years.
182	2.  The commission of the crime causes any child under 16
183	years of age to suffer great bodily harm, the person commits a
184	felony of the first degree, punishable as provided in s.
185	775.082, s. 775.083, or s. 775.084. In addition, the defendant
186	must be sentenced to a minimum term of imprisonment of 10
187	calendar years.
188	(h)  Except as authorized by this chapter, it is unlawful
189	for any person to sell, manufacture, or deliver, or possess with
190	intent to sell, manufacture, or deliver, a controlled substance
191	in, on, or within 1,000 feet of the real property comprising an
192	assisted living facility, as that term is used in chapter 400.
193	Any person who violates this paragraph with respect to:
194	1.  A controlled substance named or described in s.
195	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
196	commits a felony of the first degree, punishable as provided in
197	s. 775.082, s. 775.083, or s. 775.084.
198	2.  A controlled substance named or described in s.
199	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
200	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
201	the second degree, punishable as provided in s. 775.082, s.
202	775.083, or s. 775.084.
203	(7)(a)  It is unlawful for any person:
204	1.  To distribute or dispense a controlled substance in
205	violation of this chapter.
206	2.  To refuse or fail to make, keep, or furnish any record,
207	notification, order form, statement, invoice, or information
208	required under this chapter.
209	3.  To refuse an entry into any premises for any inspection
210	or to refuse to allow any inspection authorized by this chapter.
211	4.  To distribute a controlled substance named or described
212	in s. 893.03(1) or (2) except pursuant to an order form as
213	required by s. 893.06.
214	5.  To keep or maintain any store, shop, warehouse,
215	dwelling, building, vehicle, boat, aircraft, or other structure
216	or place which is resorted to by persons using controlled
217	substances in violation of this chapter for the purpose of using
218	these substances, or which is used for keeping or selling them
219	in violation of this chapter.
220	6.  To use to his or her own personal advantage, or to
221	reveal, any information obtained in enforcement of this chapter
222	except in a prosecution or administrative hearing for a
223	violation of this chapter.
224	7.  To possess a prescription form which has not been
225	completed and signed by the practitioner whose name appears
226	printed thereon, unless the person is that practitioner, is an
227	agent or employee of that practitioner, is a pharmacist, or is a
228	supplier of prescription forms who is authorized by that
229	practitioner to possess those forms.
230	8.  To withhold information from a practitioner from whom
231	the person seeks to obtain a controlled substance or a
232	prescription for a controlled substance that the person making
233	the request has received a controlled substance or a
234	prescription for a controlled substance of like therapeutic use
235	from another practitioner within the previous 30 days.
236	9.  To acquire or obtain, or attempt to acquire or obtain,
237	possession of a controlled substance by misrepresentation,
238	fraud, forgery, deception, or subterfuge.
239	10.  To affix any false or forged label to a package or
240	receptacle containing a controlled substance.
241	11.  To furnish false or fraudulent material information
242	in, or omit any material information from, any report or other
243	document required to be kept or filed under this chapter or any
244	record required to be kept by this chapter.
245	12.  To store anhydrous ammonia in a container that is not
246	approved by the United States Department of Transportation to
247	hold anhydrous ammonia or is not constructed in accordance with
248	sound engineering, agricultural, or commercial practices.
249	(c)  Any person who violates the provisions of
250	subparagraphs (a)8.-12. (a)8.-11. commits a felony of the third
251	degree, punishable as provided in s. 775.082, s. 775.083, or s.
252	775.084.
253	(8)
254	(d)  Notwithstanding paragraph (c), if a prescribing
255	practitioner has violated paragraph (a) and received $1,000 or
256	more in payment for writing one or more prescriptions or, in the
257	case of a prescription written for a controlled substance
258	described in s. 893.135, has written one or more prescriptions
259	for a quantity of a controlled substance which, individually or
260	in the aggregate, meets the threshold for the offense of
261	trafficking in a controlled substance under s. 893.15, the
262	violation is reclassified as a felony of the second degree and
263	ranked in level 4 of the Criminal Punishment Code.
264	(12)  If a person violates any provision of this chapter
265	and the violation results in a serious injury to a state, local,
266	or federal law enforcement officer, the person commits a felony
267	of the third degree, punishable as provided in s. 775.082, s.
268	775.083, or s. 775.084. If the injury sustained results in death
269	or great bodily harm, the person commits a felony of the second
270	degree, punishable as provided in s. 775.082, s. 775.083, or s.
271	775.084.
272	Section 3.  Paragraph (f) of subsection (1) of section
273	893.135, Florida Statutes, is amended to read:
274	893.135  Trafficking; mandatory sentences; suspension or
275	reduction of sentences; conspiracy to engage in trafficking.--
276	(1)  Except as authorized in this chapter or in chapter 499
277	and notwithstanding the provisions of s. 893.13:
278	(f)1.  Any person who knowingly sells, purchases,
279	manufactures, delivers, or brings into this state, or who is
280	knowingly in actual or constructive possession of, 14 grams or
281	more of amphetamine, as described in s. 893.03(2)(c)2., or
282	methamphetamine, as described in s. 893.03(2)(c)4., or of any
283	mixture containing amphetamine or methamphetamine, or
284	phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
285	in conjunction with other chemicals and equipment utilized in
286	the manufacture of amphetamine or methamphetamine, commits a
287	felony of the first degree, which felony shall be known as
288	"trafficking in amphetamine," punishable as provided in s.
289	775.082, s. 775.083, or s. 775.084. If the quantity involved:
290	a.  Is 14 grams or more, but less than 28 grams, such
291	person shall be sentenced to a mandatory minimum term of
292	imprisonment of 3 years, and the defendant shall be ordered to
293	pay a fine of $50,000.
294	b.  Is 28 grams or more, but less than 200 grams, such
295	person shall be sentenced to a mandatory minimum term of
296	imprisonment of 7 years, and the defendant shall be ordered to
297	pay a fine of $100,000.
298	c.  Is 200 grams or more, such person shall be sentenced to
299	a mandatory minimum term of imprisonment of 15 calendar years
300	and pay a fine of $250,000.
301	2.  Any person who knowingly manufactures or brings into
302	this state 400 grams or more of amphetamine, as described in s.
303	893.03(2)(c)2., or methamphetamine, as described in s.
304	893.03(2)(c)4., or of any mixture containing amphetamine or
305	methamphetamine, or phenylacetone, phenylacetic acid,
306	pseudoephedrine, or ephedrine in conjunction with other
307	chemicals and equipment used in the manufacture of amphetamine
308	or methamphetamine, and who knows that the probable result of
309	such manufacture or importation would be the death of any person
310	commits capital manufacture or importation of amphetamine, a
311	capital felony punishable as provided in ss. 775.082 and
312	921.142. Any person sentenced for a capital felony under this
313	paragraph shall also be sentenced to pay the maximum fine
314	provided under subparagraph 1.
315	Section 4.  Section 893.149, Florida Statutes, is amended
316	to read:
317	893.149  Unlawful possession of listed chemical.--
318	(1)  It is unlawful for any person to knowingly or
319	intentionally:
320	(a)  Possess a listed chemical with the intent to
321	unlawfully manufacture a controlled substance;
322	(b)  Possess or distribute a listed chemical knowing, or
323	having reasonable cause to believe, that the listed chemical
324	will be used to unlawfully manufacture a controlled substance.
325	(2)  Any person who violates this section commits is guilty
326	of a felony of the second degree, punishable as provided in s.
327	775.082, s. 775.083, or s. 775.084.
328	(3)  This section does not apply to a public employee or
329	private contractor authorized to clean up or dispose of
330	hazardous waste or toxic substances resulting from the
331	prohibited activities listed in s. 893.13(1)(g).
332	(4)  Any damages arising out of the unlawful possession of,
333	storage of, or tampering with a listed chemical, as defined in
334	s. 893.033, shall be the sole responsibility of the person or
335	persons unlawfully possessing, storing, or tampering with the
336	listed chemical. In no case shall liability for damages arising
337	out of the unlawful possession of, storage of, or tampering with
338	a listed chemical extend to the lawful owner, installer,
339	maintainer, designer, manufacturer, possessor, or seller of the
340	listed chemical, unless such damages arise out of the acts or
341	omissions of the owner, installer, maintainer, designer,
342	manufacturer, possessor, or seller which constitute negligent
343	misconduct or failure to abide by the laws regarding the
344	possession or storage of a listed chemical.
345	Section 5.  Section 893.1495, Florida Statutes, is created
346	to read:
347	893.1495  Retail sale of ephedrine and related compounds.--
348	(1)  No person shall knowingly deliver in any single retail
349	over-the-counter sale any number of packages of any drug
350	containing a sole active ingredient that contains a combined
351	total of more than 9 base grams of ephedrine, pseudoephedrine,
352	phenylpropanolamine, or any of their salts, optical isomers, or
353	salts of optical isomers, or more than three packages in any
354	single retail over-the-counter sale, regardless of weight,
355	containing any such sole active ingredient.
356	(2)  No person shall knowingly display and offer for retail
357	sale packages of any drug having a sole active ingredient of
358	ephedrine, pseudoephedrine, phenylpropanolamine, or any of their
359	salts or optical isomers other than behind a checkout counter
360	where the public is not permitted or other such location that is
361	not otherwise accessible to the general public.
362	(3)  No person who is the owner or primary operator of a
363	retail outlet where ephedrine, pseudoephedrine, or
364	phenylpropanolamine products are available for sale shall
365	knowingly allow an employee to engage in the retail sale of such
366	products unless the employee has completed an employee training
367	program that shall include, at a minimum, basic instruction on
368	state and federal regulations relating to the sale and
369	distribution of such products.
370	(4)  The requirements of this section relating to the
371	marketing, sale, or distribution of ephedrine, pseudoephedrine,
372	or phenylpropanolamine products shall supersede any local
373	ordinance or regulation passed by a county, municipality, or
374	other local governmental authority.
375	(5)  Any individual who violates subsection (1), subsection
376	(2), or subsection (3) commits:
377	(a)  For a first offense, a misdemeanor of the second
378	degree, punishable as provided in s. 775.083.
379	(b)  For a second offense, a misdemeanor of the first
380	degree, punishable as provided in s. 775.082 or s. 775.083.
381	(c)  For a third or subsequent offense, a felony of the
382	third degree, punishable as provided in s. 775.082, s. 775.083,
383	or s. 775.084.
384	Section 6.  For the purpose of incorporating the amendment
385	to section 893.135, Florida Statutes, in a reference thereto,
386	paragraph (c) of subsection (3) of section 311.12, Florida
387	Statutes, is reenacted to read:
388	311.12  Seaport security standards.--
389	(3)
390	(c)  In addition to other requirements for employment or
391	access established by each seaport pursuant to its seaport
392	security plan, each seaport security plan shall provide that:
393	1.  Any person who has within the past 7 years been
394	convicted, regardless of whether adjudication was withheld, for
395	a forcible felony as defined in s. 776.08; an act of terrorism
396	as defined in s. 775.30; planting of a hoax bomb as provided in
397	s. 790.165; any violation involving the manufacture, possession,
398	sale, delivery, display, use, or attempted or threatened use of
399	a weapon of mass destruction or hoax weapon of mass destruction
400	as provided in s. 790.166; dealing in stolen property; any
401	violation of s. 893.135; any violation involving the sale,
402	manufacturing, delivery, or possession with intent to sell,
403	manufacture, or deliver a controlled substance; burglary;
404	robbery; any felony violation of s. 812.014; any violation of s.
405	790.07; any crime an element of which includes use or possession
406	of a firearm; any conviction for any similar offenses under the
407	laws of another jurisdiction; or conviction for conspiracy to
408	commit any of the listed offenses shall not be qualified for
409	initial employment within or regular access to a seaport or
410	restricted access area; and
411	2.  Any person who has at any time been convicted for any
412	of the listed offenses shall not be qualified for initial
413	employment within or authorized regular access to a seaport or
414	restricted access area unless, after release from incarceration
415	and any supervision imposed as a sentence, the person remained
416	free from a subsequent conviction, regardless of whether
417	adjudication was withheld, for any of the listed offenses for a
418	period of at least 7 years prior to the employment or access
419	date under consideration.
420	Section 7.  For the purpose of incorporating the amendment
421	to sections 893.13 and 893.135, Florida Statutes, in references
422	thereto, paragraph (b) of subsection (4) and subsection (6) of
423	section 397.451, Florida Statutes, are reenacted to read:
424	397.451  Background checks of service provider personnel.--
425	(4)  EXEMPTIONS FROM DISQUALIFICATION.--
426	(b)  Since rehabilitated substance abuse impaired persons
427	are effective in the successful treatment and rehabilitation of
428	substance abuse impaired adolescents, for service providers
429	which treat adolescents 13 years of age and older, service
430	provider personnel whose background checks indicate crimes under
431	s. 817.563, s. 893.13, or s. 893.147 may be exempted from
432	disqualification from employment pursuant to this paragraph.
433	(6)  DISQUALIFICATION FROM RECEIVING STATE FUNDS.--State
434	funds may not be disseminated to any service provider owned or
435	operated by an owner, director, or chief financial officer who
436	has been convicted of, has entered a plea of guilty or nolo
437	contendere to, or has had adjudication withheld for, a violation
438	of s. 893.135 pertaining to trafficking in controlled
439	substances, or a violation of the law of another state, the
440	District of Columbia, the United States or any possession or
441	territory thereof, or any foreign jurisdiction which is
442	substantially similar in elements and penalties to a trafficking
443	offense in this state, unless the owner's or director's civil
444	rights have been restored.
445	Section 8.  For the purpose of incorporating the amendment
446	to section 893.135, Florida Statutes, in a reference thereto,
447	subsection (1) of section 414.095, Florida Statutes, is
448	reenacted to read:
449	414.095  Determining eligibility for temporary cash
450	assistance.--
451	(1)  ELIGIBILITY.--An applicant must meet eligibility
452	requirements of this section before receiving services or
453	temporary cash assistance under this chapter, except that an
454	applicant shall be required to register for work and engage in
455	work activities in accordance with s. 445.024, as designated by
456	the regional workforce board, and may receive support services
457	or child care assistance in conjunction with such requirement.
458	The department shall make a determination of eligibility based
459	on the criteria listed in this chapter. The department shall
460	monitor continued eligibility for temporary cash assistance
461	through periodic reviews consistent with the food stamp
462	eligibility process. Benefits shall not be denied to an
463	individual solely based on a felony drug conviction, unless the
464	conviction is for trafficking pursuant to s. 893.135. To be
465	eligible under this section, an individual convicted of a drug
466	felony must be satisfactorily meeting the requirements of the
467	temporary cash assistance program, including all substance abuse
468	treatment requirements. Within the limits specified in this
469	chapter, the state opts out of the provision of Pub. L. No. 104-
470	193, s. 115, that eliminates eligibility for temporary cash
471	assistance and food stamps for any individual convicted of a
472	controlled substance felony.
473	Section 9.  For the purpose of incorporating the amendment
474	to section 893.13, Florida Statutes, in a reference thereto,
475	subsection (2) of section 435.07, Florida Statutes, is reenacted
476	to read:
477	435.07  Exemptions from disqualification.--Unless otherwise
478	provided by law, the provisions of this section shall apply to
479	exemptions from disqualification.
480	(2)  Persons employed by treatment providers who treat
481	adolescents 13 years of age and older who are disqualified from
482	employment solely because of crimes under s. 817.563, s. 893.13,
483	or s. 893.147 may be exempted from disqualification from
484	employment pursuant to this section without the 3-year waiting
485	period.
486	Section 10.  For the purpose of incorporating the amendment
487	to sections 893.13 and 893.135, Florida Statutes, in references
488	thereto, paragraph (a) of subsection (2) of section 772.12,
489	Florida Statutes, is reenacted to read:
490	772.12  Drug Dealer Liability Act.--
491	(2)  A person, including any governmental entity, has a
492	cause of action for threefold the actual damages sustained and
493	is entitled to minimum damages in the amount of $1,000 and
494	reasonable attorney's fees and court costs in the trial and
495	appellate courts, if the person proves by the greater weight of
496	the evidence that:
497	(a)  The person was injured because of the defendant's
498	actions that resulted in the defendant's conviction for:
499	1.  A violation of s. 893.13, except for a violation of s.
500	893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
501	2.  A violation of s. 893.135; and
502	Section 11.  For the purpose of incorporating the amendment
503	to section 893.135, Florida Statutes, in a reference thereto,
504	paragraph (a) of subsection (2) and paragraph (a) of subsection
505	(3) and of section 775.087, Florida Statutes, are reenacted to
506	read:
507	775.087  Possession or use of weapon; aggravated battery;
508	felony reclassification; minimum sentence.--
509	(2)(a)1.  Any person who is convicted of a felony or an
510	attempt to commit a felony, regardless of whether the use of a
511	weapon is an element of the felony, and the conviction was for:
512	a.  Murder;
513	b.  Sexual battery;
514	c.  Robbery;
515	d.  Burglary;
516	e.  Arson;
517	f.  Aggravated assault;
518	g.  Aggravated battery;
519	h.  Kidnapping;
520	i.  Escape;
521	j.  Aircraft piracy;
522	k.  Aggravated child abuse;
523	l.  Aggravated abuse of an elderly person or disabled
524	adult;
525	m.  Unlawful throwing, placing, or discharging of a
526	destructive device or bomb;
527	n.  Carjacking;
528	o.  Home-invasion robbery;
529	p.  Aggravated stalking;
530	q.  Trafficking in cannabis, trafficking in cocaine,
531	capital importation of cocaine, trafficking in illegal drugs,
532	capital importation of illegal drugs, trafficking in
533	phencyclidine, capital importation of phencyclidine, trafficking
534	in methaqualone, capital importation of methaqualone,
535	trafficking in amphetamine, capital importation of amphetamine,
536	trafficking in flunitrazepam, trafficking in gamma-
537	hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
538	trafficking in Phenethylamines, or other violation of s.
539	893.135(1); or
540	r.  Possession of a firearm by a felon
541
542	and during the commission of the offense, such person actually
543	possessed a "firearm" or "destructive device" as those terms are
544	defined in s. 790.001, shall be sentenced to a minimum term of
545	imprisonment of 10 years, except that a person who is convicted
546	for aggravated assault, possession of a firearm by a felon, or
547	burglary of a conveyance shall be sentenced to a minimum term of
548	imprisonment of 3 years if such person possessed a "firearm" or
549	"destructive device" during the commission of the offense.
550	2.  Any person who is convicted of a felony or an attempt
551	to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
552	regardless of whether the use of a weapon is an element of the
553	felony, and during the course of the commission of the felony
554	such person discharged a "firearm" or "destructive device" as
555	defined in s. 790.001 shall be sentenced to a minimum term of
556	imprisonment of 20 years.
557	3.  Any person who is convicted of a felony or an attempt
558	to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
559	regardless of whether the use of a weapon is an element of the
560	felony, and during the course of the commission of the felony
561	such person discharged a "firearm" or "destructive device" as
562	defined in s. 790.001 and, as the result of the discharge, death
563	or great bodily harm was inflicted upon any person, the
564	convicted person shall be sentenced to a minimum term of
565	imprisonment of not less than 25 years and not more than a term
566	of imprisonment of life in prison.
567	(3)(a)1.  Any person who is convicted of a felony or an
568	attempt to commit a felony, regardless of whether the use of a
569	firearm is an element of the felony, and the conviction was for:
570	a.  Murder;
571	b.  Sexual battery;
572	c.  Robbery;
573	d.  Burglary;
574	e.  Arson;
575	f.  Aggravated assault;
576	g.  Aggravated battery;
577	h.  Kidnapping;
578	i.  Escape;
579	j.  Sale, manufacture, delivery, or intent to sell,
580	manufacture, or deliver any controlled substance;
581	k.  Aircraft piracy;
582	l.  Aggravated child abuse;
583	m.  Aggravated abuse of an elderly person or disabled
584	adult;
585	n.  Unlawful throwing, placing, or discharging of a
586	destructive device or bomb;
587	o.  Carjacking;
588	p.  Home-invasion robbery;
589	q.  Aggravated stalking; or
590	r.  Trafficking in cannabis, trafficking in cocaine,
591	capital importation of cocaine, trafficking in illegal drugs,
592	capital importation of illegal drugs, trafficking in
593	phencyclidine, capital importation of phencyclidine, trafficking
594	in methaqualone, capital importation of methaqualone,
595	trafficking in amphetamine, capital importation of amphetamine,
596	trafficking in flunitrazepam, trafficking in gamma-
597	hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
598	trafficking in Phenethylamines, or other violation of s.
599	893.135(1);
600
601	and during the commission of the offense, such person possessed
602	a semiautomatic firearm and its high-capacity detachable box
603	magazine or a machine gun as defined in s. 790.001, shall be
604	sentenced to a minimum term of imprisonment of 15 years.
605	2.  Any person who is convicted of a felony or an attempt
606	to commit a felony listed in subparagraph (a)1., regardless of
607	whether the use of a weapon is an element of the felony, and
608	during the course of the commission of the felony such person
609	discharged a semiautomatic firearm and its high-capacity box
610	magazine or a "machine gun" as defined in s. 790.001 shall be
611	sentenced to a minimum term of imprisonment of 20 years.
612	3.  Any person who is convicted of a felony or an attempt
613	to commit a felony listed in subparagraph (a)1., regardless of
614	whether the use of a weapon is an element of the felony, and
615	during the course of the commission of the felony such person
616	discharged a semiautomatic firearm and its high-capacity box
617	magazine or a "machine gun" as defined in s. 790.001 and, as the
618	result of the discharge, death or great bodily harm was
619	inflicted upon any person, the convicted person shall be
620	sentenced to a minimum term of imprisonment of not less than 25
621	years and not more than a term of imprisonment of life in
622	prison.
623	Section 12.  For the purpose of incorporating the amendment
624	to section 893.135, Florida Statutes, in references thereto,
625	paragraph (a) of subsection (1), paragraph (a) of subsection
626	(3), and paragraph (a) of subsection (4) of section 782.04,
627	Florida Statutes, are reenacted to read:
628	782.04  Murder.--
629	(1)(a)  The unlawful killing of a human being:
630	1.  When perpetrated from a premeditated design to effect
631	the death of the person killed or any human being;
632	2.  When committed by a person engaged in the perpetration
633	of, or in the attempt to perpetrate, any:
634	a.  Trafficking offense prohibited by s. 893.135(1),
635	b.  Arson,
636	c.  Sexual battery,
637	d.  Robbery,
638	e.  Burglary,
639	f.  Kidnapping,
640	g.  Escape,
641	h.  Aggravated child abuse,
642	i.  Aggravated abuse of an elderly person or disabled
643	adult,
644	j.  Aircraft piracy,
645	k.  Unlawful throwing, placing, or discharging of a
646	destructive device or bomb,
647	l.  Carjacking,
648	m.  Home-invasion robbery,
649	n.  Aggravated stalking,
650	o.  Murder of another human being,
651	p.  Resisting an officer with violence to his or her
652	person,
653	q.  Felony that is an act of terrorism or is in furtherance
654	of an act of terrorism; or
655	3.  Which resulted from the unlawful distribution of any
656	substance controlled under s. 893.03(1), cocaine as described in
657	s. 893.03(2)(a)4., or opium or any synthetic or natural salt,
658	compound, derivative, or preparation of opium by a person 18
659	years of age or older, when such drug is proven to be the
660	proximate cause of the death of the user,
661
662	is murder in the first degree and constitutes a capital felony,
663	punishable as provided in s. 775.082.
664	(3)  When a person is killed in the perpetration of, or in
665	the attempt to perpetrate, any:
666	(a)  Trafficking offense prohibited by s. 893.135(1),
667
668	by a person other than the person engaged in the perpetration of
669	or in the attempt to perpetrate such felony, the person
670	perpetrating or attempting to perpetrate such felony is guilty
671	of murder in the second degree, which constitutes a felony of
672	the first degree, punishable by imprisonment for a term of years
673	not exceeding life or as provided in s. 775.082, s. 775.083, or
674	s. 775.084.
675	(4)  The unlawful killing of a human being, when
676	perpetrated without any design to effect death, by a person
677	engaged in the perpetration of, or in the attempt to perpetrate,
678	any felony other than any:
679	(a)  Trafficking offense prohibited by s. 893.135(1),
680
681	is murder in the third degree and constitutes a felony of the
682	second degree, punishable as provided in s. 775.082, s. 775.083,
683	or s. 775.084.
684	Section 13.  For the purpose of incorporating the amendment
685	to section 893.033, Florida Statutes, in a reference thereto,
686	subsection (12) of section 893.02, Florida Statutes, is
687	reenacted to read:
688	893.02  Definitions.--The following words and phrases as
689	used in this chapter shall have the following meanings, unless
690	the context otherwise requires:
691	(12)  "Listed chemical" means any precursor chemical or
692	essential chemical named or described in s. 893.033.
693	Section 14.  For the purpose of incorporating the amendment
694	to sections 893.13 and 893.135, Florida Statutes, in references
695	thereto, subsection (1) of section 893.1351, Florida Statutes,
696	is reenacted to read:
697	893.1351  Lease or rent for the purpose of trafficking in a
698	controlled substance.--
699	(1)  A person may not lease or rent any place, structure,
700	or part thereof, trailer, or other conveyance, with the
701	knowledge that such place, structure, trailer, or conveyance
702	will be used for the purpose of trafficking in a controlled
703	substance, as provided in s. 893.135, or the sale of a
704	controlled substance, as provided in s. 893.13.
705	Section 15.  For the purpose of incorporating the amendment
706	to sections 893.13 and 893.135, Florida Statutes, in references
707	thereto, section 903.133, Florida Statutes, is reenacted to
708	read:
709	903.133  Bail on appeal; prohibited for certain felony
710	convictions.--Notwithstanding the provisions of s. 903.132, no
711	person adjudged guilty of a felony of the first degree for a
712	violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
713	806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
714	violation of s. 794.011(2) or (3), shall be admitted to bail
715	pending review either by posttrial motion or appeal.
716	Section 16.  For the purpose of incorporating the amendment
717	to section 893.135, Florida Statutes, in a reference thereto,
718	paragraph (c) of subsection (4) of section 907.041, Florida
719	Statutes, is reenacted to read:
720	907.041  Pretrial detention and release.--
721	(4)  PRETRIAL DETENTION.--
722	(c)  The court may order pretrial detention if it finds a
723	substantial probability, based on a defendant's past and present
724	patterns of behavior, the criteria in s. 903.046, and any other
725	relevant facts, that any of the following circumstances exists:
726	1.  The defendant has previously violated conditions of
727	release and that no further conditions of release are reasonably
728	likely to assure the defendant's appearance at subsequent
729	proceedings;
730	2.  The defendant, with the intent to obstruct the judicial
731	process, has threatened, intimidated, or injured any victim,
732	potential witness, juror, or judicial officer, or has attempted
733	or conspired to do so, and that no condition of release will
734	reasonably prevent the obstruction of the judicial process;
735	3.  The defendant is charged with trafficking in controlled
736	substances as defined by s. 893.135, that there is a substantial
737	probability that the defendant has committed the offense, and
738	that no conditions of release will reasonably assure the
739	defendant's appearance at subsequent criminal proceedings; or
740	4.  The defendant is charged with DUI manslaughter, as
741	defined by s. 316.193, and that there is a substantial
742	probability that the defendant committed the crime and that the
743	defendant poses a threat of harm to the community; conditions
744	that would support a finding by the court pursuant to this
745	subparagraph that the defendant poses a threat of harm to the
746	community include, but are not limited to, any of the following:
747	a.  The defendant has previously been convicted of any
748	crime under s. 316.193, or of any crime in any other state or
749	territory of the United States that is substantially similar to
750	any crime under s. 316.193;
751	b.  The defendant was driving with a suspended driver's
752	license when the charged crime was committed; or
753	c.  The defendant has previously been found guilty of, or
754	has had adjudication of guilt withheld for, driving while the
755	defendant's driver's license was suspended or revoked in
756	violation of s. 322.34;
757	5.  The defendant poses the threat of harm to the
758	community. The court may so conclude, if it finds that the
759	defendant is presently charged with a dangerous crime, that
760	there is a substantial probability that the defendant committed
761	such crime, that the factual circumstances of the crime indicate
762	a disregard for the safety of the community, and that there are
763	no conditions of release reasonably sufficient to protect the
764	community from the risk of physical harm to persons.
765	6.  The defendant was on probation, parole, or other
766	release pending completion of sentence or on pretrial release
767	for a dangerous crime at the time the current offense was
768	committed; or
769	7.  The defendant has violated one or more conditions of
770	pretrial release or bond for the offense currently before the
771	court and the violation, in the discretion of the court,
772	supports a finding that no conditions of release can reasonably
773	protect the community from risk of physical harm to persons or
774	assure the presence of the accused at trial.
775	Section 17.  For the purpose of incorporating the amendment
776	to section 893.135, Florida Statutes, in a reference thereto,
777	paragraphs (g), (h), and (i) of subsection (3) of section
778	921.0022, Florida Statutes, are reenacted to read:
779	921.0022  Criminal Punishment Code; offense severity
780	ranking chart.--
781	(3)  OFFENSE SEVERITY RANKING CHART
782
	FloridaStatute FelonyDegree Description
783
	(g)  LEVEL 7
784
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
785
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
786
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
787
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
788
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
789
	409.920(2) 3rd Medicaid provider fraud.
790
	456.065(2) 3rd Practicing a health care profession without a license.
791
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
792
	458.327(1) 3rd Practicing medicine without a license.
793
	459.013(1) 3rd Practicing osteopathic medicine without a license.
794
	460.411(1) 3rd Practicing chiropractic medicine without a license.
795
	461.012(1) 3rd Practicing podiatric medicine without a license.
796
	462.17 3rd Practicing naturopathy without a license.
797
	463.015(1) 3rd Practicing optometry without a license.
798
	464.016(1) 3rd Practicing nursing without a license.
799
	465.015(2) 3rd Practicing pharmacy without a license.
800
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
801
	467.201 3rd Practicing midwifery without a license.
802
	468.366 3rd Delivering respiratory care services without a license.
803
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
804
	483.901(9) 3rd Practicing medical physics without a license.
805
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
806
	484.053 3rd Dispensing hearing aids without a license.
807
	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.
808
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
809
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
810
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
811
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
812
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
813
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
814
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
815
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
816
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
817
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
818
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
819
	784.048(7) 3rd Aggravated stalking; violation of court order.
820
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
821
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
822
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
823
	784.081(1) 1st Aggravated battery on specified official or employee.
824
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
825
	784.083(1) 1st Aggravated battery on code inspector.
826
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
827
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
828
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
829
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
830
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
831
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
832
	796.03 2nd Procuring any person under 16 years for prostitution.
833
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
834
	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.
835
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
836
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
837
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
838
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
839
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
840
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
841
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
842
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
843
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
844
	812.131(2)(a) 2nd Robbery by sudden snatching.
845
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
846
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
847
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
848
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
849
	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.
850
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
851
	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.
852
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
853
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
854
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
855
	838.015 2nd Bribery.
856
	838.016 2nd Unlawful compensation or reward for official behavior.
857
	838.021(3)(a) 2nd Unlawful harm to a public servant.
858
	838.22 2nd Bid tampering.
859
	872.06 2nd Abuse of a dead human body.
860
	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.
861
	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.
862
	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).
863
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
864
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
865
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
866
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
867
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
868
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
869
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
870
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
871
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
872
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
873
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
874
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
875
	(h)  LEVEL 8
876
	316.193(3)(c)3.a. 2nd DUI manslaughter.
877
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
878
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
879
	499.0051(7) 1st Forgery of prescription or legend drug labels.
880
	499.0052 1st Trafficking in contraband legend drugs.
881
	560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
882
	560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
883
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
884
	777.03(2)(a) 1st Accessory after the fact, capital felony.
885
	782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
886
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
887
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
888
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
889
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
890
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
891
	800.04(4) 2nd Lewd or lascivious battery.
892
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
893
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
894
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
895
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
896
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
897
	812.13(2)(b) 1st Robbery with a weapon.
898
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
899
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
900
	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
901
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
902
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
903
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
904
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
905
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
906
	860.16 1st Aircraft piracy.
907
	893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
908
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
909
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
910
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
911
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
912
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
913
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
914
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
915
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
916
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
917
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
918
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
919
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
920
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
921
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
922
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
923
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
924
	896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
925
	(i)  LEVEL 9
926
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
927
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
928
	499.0053 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
929
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
930
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
931
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
932
	775.0844 1st Aggravated white collar crime.
933
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
934
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
935
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
936
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
937
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
938
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
939
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
940
	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.
941
	790.161 1st Attempted capital destructive device offense.
942
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
943
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
944
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
945
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
946
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
947
	800.04(5)(b) 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
948
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
949
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
950
	812.135(2)(b) 1st Home-invasion robbery with weapon.
951
	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.
952
	827.03(2) 1st Aggravated child abuse.
953
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
954
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
955
	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.
956
	893.135 1st Attempted capital trafficking offense.
957
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
958
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
959
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
960
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
961
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
962
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
963
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
964
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
965
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
966
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
967
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
968
969	Section 18.  For the purpose of incorporating the amendment
970	to section 893.135, Florida Statutes, in a reference thereto,
971	subsection (1) of section 921.0024, Florida Statutes, is
972	reenacted to read:
973	921.0024  Criminal Punishment Code; worksheet computations;
974	scoresheets.--
975	(1)(a)  The Criminal Punishment Code worksheet is used to
976	compute the subtotal and total sentence points as follows:
977
978	FLORIDA CRIMINAL PUNISHMENT CODE
979	WORKSHEET
980
981	OFFENSE SCORE
982
983
984	Primary Offense
985
	Level Sentence Points Total
986
	10 116 = _____
987
	9 92 = _____
988
	8 74 = _____
989
	7 56 = _____
990
	6 36 = _____
991
	5 28 = _____
992
	4 22 = _____
993
	3 16 = _____
994
	2 10 = _____
995
	1 4 = _____
996
	Total ______
997
998	Additional Offenses
999
	Level Sentence Points Counts Total
1000
	10 58 x _____ = _____
1001
	9 46 x _____ = _____
1002
	8 37 x _____ = _____
1003
	7 28 x _____ = _____
1004
	6 18 x _____ = _____
1005
	5 5.4 x _____ = _____
1006
	4 3.6 x _____ = _____
1007
	3 2.4 x _____ = _____
1008
	2 1.2 x _____ = _____
1009
	1 0.7 x _____ = _____
1010
	M 0.2 x _____ = _____
1011
	Total _____
1012
1013	Victim Injury
	Victim InjuryLevel Sentence Points Number Total
1014
1015
	2nd degree  murder-  death 240 x _____ = _____
1016
	Death 120 x _____ = _____
1017
	Severe 40 x _____ = _____
1018
	Moderate 18 x _____ = _____
1019
	Slight 4 x _____ = _____
1020
	Sexual  penetration 80 x _____ = _____
1021
	Sexual contact 40 x _____ = _____
1022
	Total _____
1023
1024	Primary Offense + Additional Offenses + Victim Injury =
1025	TOTAL OFFENSE SCORE
1026
1027	PRIOR RECORD SCORE
1028
1029	Prior Record
	Prior RecordLevel Sentence Points Number Total
1030
1031
	10 29 x _____ = _____
1032
	9 23 x _____ = _____
1033
	8 19 x _____ = _____
1034
	7 14 x _____ = _____
1035
	6 9 x _____ = _____
1036
	5 3.6 x _____ = _____
1037
	4 2.4 x _____ = _____
1038
	3 1.6 x _____ = _____
1039
	2 0.8 x _____ = _____
1040
	1 0.5 x _____ = _____
1041
	M 0.2 x _____ = _____
1042
	Total _____
1043
1044
1045	TOTAL OFFENSE SCORE________________________________
1046	TOTAL PRIOR RECORD SCORE___________________________
1047
1048	LEGAL STATUS_______________________________________
1049	COMMUNITY SANCTION VIOLATION_______________________
1050	PRIOR SERIOUS FELONY_______________________________
1051	PRIOR CAPITAL FELONY_______________________________
1052	FIREARM OR SEMIAUTOMATIC WEAPON____________________
1053	SUBTOTAL_____________
1054
1055	PRISON RELEASEE REOFFENDER (no)(yes)_______________
1056	VIOLENT CAREER CRIMINAL (no)(yes)__________________
1057	HABITUAL VIOLENT OFFENDER (no)(yes)________________
1058	HABITUAL OFFENDER (no)(yes)________________________
1059	DRUG TRAFFICKER (no)(yes) (x multiplier)___________
1060	LAW ENF. PROTECT. (no)(yes) (x multiplier)_________
1061	MOTOR VEHICLE THEFT (no)(yes) (x multiplier)_______
1062	CRIMINAL STREET GANG OFFENSE (no)(yes) (x multiplier)
1063	____________________________________________________
1064	DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD
1065	(no)(yes) (x
1066	multiplier)___________________________________________
1067
1068	TOTAL SENTENCE POINTS___________
1069
1070	(b)  WORKSHEET KEY:
1071
1072	Legal status points are assessed when any form of legal status
1073	existed at the time the offender committed an offense before the
1074	court for sentencing. Four (4) sentence points are assessed for
1075	an offender's legal status.
1076
1077	Community sanction violation points are assessed when a
1078	community sanction violation is before the court for sentencing.
1079	Six (6) sentence points are assessed for each community sanction
1080	violation, and each successive community sanction violation;
1081	however, if the community sanction violation includes a new
1082	felony conviction before the sentencing court, twelve (12)
1083	community sanction violation points are assessed for such
1084	violation, and for each successive community sanction violation
1085	involving a new felony conviction. Multiple counts of community
1086	sanction violations before the sentencing court shall not be a
1087	basis for multiplying the assessment of community sanction
1088	violation points.
1089
1090	Prior serious felony points: If the offender has a primary
1091	offense or any additional offense ranked in level 8, level 9, or
1092	level 10, and one or more prior serious felonies, a single
1093	assessment of 30 points shall be added. For purposes of this
1094	section, a prior serious felony is an offense in the offender's
1095	prior record that is ranked in level 8, level 9, or level 10
1096	under s. 921.0022 or s. 921.0023 and for which the offender is
1097	serving a sentence of confinement, supervision, or other
1098	sanction or for which the offender's date of release from
1099	confinement, supervision, or other sanction, whichever is later,
1100	is within 3 years before the date the primary offense or any
1101	additional offense was committed.
1102
1103	Prior capital felony points: If the offender has one or more
1104	prior capital felonies in the offender's criminal record, points
1105	shall be added to the subtotal sentence points of the offender
1106	equal to twice the number of points the offender receives for
1107	the primary offense and any additional offense. A prior capital
1108	felony in the offender's criminal record is a previous capital
1109	felony offense for which the offender has entered a plea of nolo
1110	contendere or guilty or has been found guilty; or a felony in
1111	another jurisdiction which is a capital felony in that
1112	jurisdiction, or would be a capital felony if the offense were
1113	committed in this state.
1114
1115	Possession of a firearm, semiautomatic firearm, or machine gun:
1116	If the offender is convicted of committing or attempting to
1117	commit any felony other than those enumerated in s. 775.087(2)
1118	while having in his or her possession: a firearm as defined in
1119	s. 790.001(6), an additional 18 sentence points are assessed; or
1120	if the offender is convicted of committing or attempting to
1121	commit any felony other than those enumerated in s. 775.087(3)
1122	while having in his or her possession a semiautomatic firearm as
1123	defined in s. 775.087(3) or a machine gun as defined in s.
1124	790.001(9), an additional 25 sentence points are assessed.
1125
1126	Sentencing multipliers:
1127
1128	Drug trafficking: If the primary offense is drug trafficking
1129	under s. 893.135, the subtotal sentence points are multiplied,
1130	at the discretion of the court, for a level 7 or level 8
1131	offense, by 1.5. The state attorney may move the sentencing
1132	court to reduce or suspend the sentence of a person convicted of
1133	a level 7 or level 8 offense, if the offender provides
1134	substantial assistance as described in s. 893.135(4).
1135
1136	Law enforcement protection: If the primary offense is a
1137	violation of the Law Enforcement Protection Act under s.
1138	775.0823(2), the subtotal sentence points are multiplied by 2.5.
1139	If the primary offense is a violation of s. 775.0823(3), (4),
1140	(5), (6), (7), or (8), the subtotal sentence points are
1141	multiplied by 2.0. If the primary offense is a violation of s.
1142	784.07(3) or s. 775.0875(1), or of the Law Enforcement
1143	Protection Act under s. 775.0823(9) or (10), the subtotal
1144	sentence points are multiplied by 1.5.
1145
1146	Grand theft of a motor vehicle: If the primary offense is grand
1147	theft of the third degree involving a motor vehicle and in the
1148	offender's prior record, there are three or more grand thefts of
1149	the third degree involving a motor vehicle, the subtotal
1150	sentence points are multiplied by 1.5.
1151
1152	Offense related to a criminal street gang: If the offender is
1153	convicted of the primary offense and committed that offense for
1154	the purpose of benefiting, promoting, or furthering the
1155	interests of a criminal street gang as prohibited under s.
1156	874.04, the subtotal sentence points are multiplied by 1.5.
1157
1158	Domestic violence in the presence of a child: If the offender is
1159	convicted of the primary offense and the primary offense is a
1160	crime of domestic violence, as defined in s. 741.28, which was
1161	committed in the presence of a child under 16 years of age who
1162	is a family or household member as defined in s. 741.28(3) with
1163	the victim or perpetrator, the subtotal sentence points are
1164	multiplied by 1.5.
1165	Section 19.  For the purpose of incorporating the amendment
1166	to section 893.135, Florida Statutes, in a reference thereto,
1167	subsection (2) of section 921.142, Florida Statutes, is
1168	reenacted to read:
1169	921.142  Sentence of death or life imprisonment for capital
1170	drug trafficking felonies; further proceedings to determine
1171	sentence.--
1172	(2)  SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--Upon
1173	conviction or adjudication of guilt of a defendant of a capital
1174	felony under s. 893.135, the court shall conduct a separate
1175	sentencing proceeding to determine whether the defendant should
1176	be sentenced to death or life imprisonment as authorized by s.
1177	775.082. The proceeding shall be conducted by the trial judge
1178	before the trial jury as soon as practicable. If, through
1179	impossibility or inability, the trial jury is unable to
1180	reconvene for a hearing on the issue of penalty, having
1181	determined the guilt of the accused, the trial judge may summon
1182	a special juror or jurors as provided in chapter 913 to
1183	determine the issue of the imposition of the penalty. If the
1184	trial jury has been waived, or if the defendant pleaded guilty,
1185	the sentencing proceeding shall be conducted before a jury
1186	impaneled for that purpose, unless waived by the defendant. In
1187	the proceeding, evidence may be presented as to any matter that
1188	the court deems relevant to the nature of the crime and the
1189	character of the defendant and shall include matters relating to
1190	any of the aggravating or mitigating circumstances enumerated in
1191	subsections (6) and (7). Any such evidence which the court deems
1192	to have probative value may be received, regardless of its
1193	admissibility under the exclusionary rules of evidence, provided
1194	the defendant is accorded a fair opportunity to rebut any
1195	hearsay statements. However, this subsection shall not be
1196	construed to authorize the introduction of any evidence secured
1197	in violation of the Constitution of the United States or the
1198	Constitution of the State of Florida. The state and the
1199	defendant or the defendant's counsel shall be permitted to
1200	present argument for or against sentence of death.
1201	Section 20.  For the purpose of incorporating the amendment
1202	to section 893.13, Florida Statutes, in a reference thereto,
1203	subsection (1) of section 921.187, Florida Statutes, is
1204	reenacted to read:
1205	921.187  Disposition and sentencing; alternatives;
1206	restitution.--
1207	(1)  The alternatives provided in this section for the
1208	disposition of criminal cases shall be used in a manner that
1209	will best serve the needs of society, punish criminal offenders,
1210	and provide the opportunity for rehabilitation.
1211	(a)  If the offender does not receive a state prison
1212	sentence, the court may:
1213	1.  Impose a split sentence whereby the offender is to be
1214	placed on probation upon completion of any specified period of
1215	such sentence, which period may include a term of years or less.
1216	2.  Make any other disposition that is authorized by law.
1217	3.  Place the offender on probation with or without an
1218	adjudication of guilt pursuant to s. 948.01.
1219	4.  Impose a fine and probation pursuant to s. 948.011 when
1220	the offense is punishable by both a fine and imprisonment and
1221	probation is authorized.
1222	5.  Place the offender into community control requiring
1223	intensive supervision and surveillance pursuant to chapter 948.
1224	6.  Impose, as a condition of probation or community
1225	control, a period of treatment which shall be restricted to a
1226	county facility, a Department of Corrections probation and
1227	restitution center, a probation program drug punishment
1228	treatment community, or a community residential or
1229	nonresidential facility, excluding a community correctional
1230	center as defined in s. 944.026, which is owned and operated by
1231	any qualified public or private entity providing such services.
1232	Before admission to such a facility, the court shall obtain an
1233	individual assessment and recommendations on the appropriate
1234	treatment needs, which shall be considered by the court in
1235	ordering such placements. Placement in such a facility, except
1236	for a county residential probation facility, may not exceed 364
1237	days. Placement in a county residential probation facility may
1238	not exceed 3 years. Early termination of placement may be
1239	recommended to the court, when appropriate, by the center
1240	supervisor, the supervising probation officer, or the probation
1241	program manager.
1242	7.  Sentence the offender pursuant to s. 922.051 to
1243	imprisonment in a county jail when a statute directs
1244	imprisonment in a state prison, if the offender's cumulative
1245	sentence, whether from the same circuit or from separate
1246	circuits, is not more than 364 days.
1247	8.  Sentence the offender who is to be punished by
1248	imprisonment in a county jail to a jail in another county if
1249	there is no jail within the county suitable for such prisoner
1250	pursuant to s. 950.01.
1251	9.  Require the offender to participate in a work-release
1252	or educational or technical training program pursuant to s.
1253	951.24 while serving a sentence in a county jail, if such a
1254	program is available.
1255	10.  Require the offender to perform a specified public
1256	service pursuant to s. 775.091.
1257	11.  Require the offender who violates chapter 893 or
1258	violates any law while under the influence of a controlled
1259	substance or alcohol to participate in a substance abuse
1260	program.
1261	12.a.  Require the offender who violates any criminal
1262	provision of chapter 893 to pay an additional assessment in an
1263	amount up to the amount of any fine imposed, pursuant to ss.
1264	938.21 and 938.23.
1265	b.  Require the offender who violates any provision of s.
1266	893.13 to pay an additional assessment in an amount of $100,
1267	pursuant to ss. 938.25 and 943.361.
1268	13.  Impose a split sentence whereby the offender is to be
1269	placed in a county jail or county work camp upon the completion
1270	of any specified term of community supervision.
1271	14.  Impose split probation whereby upon satisfactory
1272	completion of half the term of probation, the Department of
1273	Corrections may place the offender on administrative probation
1274	pursuant to s. 948.013 for the remainder of the term of
1275	supervision.
1276	15.  Require residence in a state probation and restitution
1277	center or private drug treatment program for offenders on
1278	community control or offenders who have violated conditions of
1279	probation.
1280	16.  Impose any other sanction which is provided within the
1281	community and approved as an intermediate sanction by the county
1282	public safety coordinating council as described in s. 951.26.
1283	17.  Impose, as a condition of community control,
1284	probation, or probation following incarceration, a requirement
1285	that an offender who has not obtained a high school diploma or
1286	high school equivalency diploma or who lacks basic or functional
1287	literacy skills, upon acceptance by an adult education program,
1288	make a good faith effort toward completion of such basic or
1289	functional literacy skills or high school equivalency diploma,
1290	as defined in s. 1003.435, in accordance with the assessed adult
1291	general education needs of the individual offender.
1292	(b)1.  Notwithstanding any provision of former s. 921.001
1293	or s. 921.002 to the contrary, on or after October 1, 1993, the
1294	court may require any defendant who violates s. 893.13(1)(a)1.,
1295	(1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and meets the criteria
1296	described in s. 893.13(10), to successfully complete a term of
1297	probation pursuant to the terms and conditions set forth in s.
1298	948.034(1), in lieu of serving a term of imprisonment.
1299	2.  Notwithstanding any provision of former s. 921.001 or
1300	s. 921.002 to the contrary, on or after October 1, 1993, the
1301	court may require any defendant who violates s. 893.13(1)(a)2.,
1302	(2)(a)2., (5)(b), or (6)(a), and meets the criteria described in
1303	s. 893.13(11), to successfully complete a term of probation
1304	pursuant to the terms and conditions set forth in s. 948.034(2),
1305	in lieu of serving a term of imprisonment.
1306	Section 21.  For the purpose of incorporating the amendment
1307	to section 893.13, Florida Statutes, in a reference thereto,
1308	section 938.25, Florida Statutes, is reenacted to read:
1309	938.25  Operating Trust Fund of the Department of Law
1310	Enforcement.--Notwithstanding any provision to the contrary of
1311	the laws of this state, the court may assess any defendant who
1312	pleads guilty or nolo contendere to, or is convicted of, a
1313	violation of any provision of s. 893.13, without regard to
1314	whether adjudication was withheld, in addition to any fine and
1315	other penalty provided or authorized by law, an amount of $100,
1316	to be paid to the clerk of the court, who shall forward it to
1317	the Department of Revenue for deposit in the Operating Trust
1318	Fund of the Department of Law Enforcement to be used by the
1319	statewide criminal analysis laboratory system for the purposes
1320	specified in s. 943.361. The court is authorized to order a
1321	defendant to pay an additional assessment if it finds that the
1322	defendant has the ability to pay the fine and the additional
1323	assessment and will not be prevented thereby from being
1324	rehabilitated or from making restitution.
1325	Section 22.  For the purpose of incorporating the amendment
1326	to section 893.135, Florida Statutes, in references thereto,
1327	section 943.0585, Florida Statutes, is reenacted to read:
1328	943.0585  Court-ordered expunction of criminal history
1329	records.--The courts of this state have jurisdiction over their
1330	own procedures, including the maintenance, expunction, and
1331	correction of judicial records containing criminal history
1332	information to the extent such procedures are not inconsistent
1333	with the conditions, responsibilities, and duties established by
1334	this section. Any court of competent jurisdiction may order a
1335	criminal justice agency to expunge the criminal history record
1336	of a minor or an adult who complies with the requirements of
1337	this section. The court shall not order a criminal justice
1338	agency to expunge a criminal history record until the person
1339	seeking to expunge a criminal history record has applied for and
1340	received a certificate of eligibility for expunction pursuant to
1341	subsection (2). A criminal history record that relates to a
1342	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
1343	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
1344	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
1345	s. 916.1075, or a violation enumerated in s. 907.041 may not be
1346	expunged, without regard to whether adjudication was withheld,
1347	if the defendant was found guilty of or pled guilty or nolo
1348	contendere to the offense, or if the defendant, as a minor, was
1349	found to have committed, or pled guilty or nolo contendere to
1350	committing, the offense as a delinquent act. The court may only
1351	order expunction of a criminal history record pertaining to one
1352	arrest or one incident of alleged criminal activity, except as
1353	provided in this section. The court may, at its sole discretion,
1354	order the expunction of a criminal history record pertaining to
1355	more than one arrest if the additional arrests directly relate
1356	to the original arrest. If the court intends to order the
1357	expunction of records pertaining to such additional arrests,
1358	such intent must be specified in the order. A criminal justice
1359	agency may not expunge any record pertaining to such additional
1360	arrests if the order to expunge does not articulate the
1361	intention of the court to expunge a record pertaining to more
1362	than one arrest. This section does not prevent the court from
1363	ordering the expunction of only a portion of a criminal history
1364	record pertaining to one arrest or one incident of alleged
1365	criminal activity. Notwithstanding any law to the contrary, a
1366	criminal justice agency may comply with laws, court orders, and
1367	official requests of other jurisdictions relating to expunction,
1368	correction, or confidential handling of criminal history records
1369	or information derived therefrom. This section does not confer
1370	any right to the expunction of any criminal history record, and
1371	any request for expunction of a criminal history record may be
1372	denied at the sole discretion of the court.
1373	(1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
1374	petition to a court to expunge a criminal history record is
1375	complete only when accompanied by:
1376	(a)  A certificate of eligibility for expunction issued by
1377	the department pursuant to subsection (2).
1378	(b)  The petitioner's sworn statement attesting that the
1379	petitioner:
1380	1.  Has never, prior to the date on which the petition is
1381	filed, been adjudicated guilty of a criminal offense or
1382	comparable ordinance violation or adjudicated delinquent for
1383	committing a felony or a misdemeanor specified in s.
1384	943.051(3)(b).
1385	2.  Has not been adjudicated guilty of, or adjudicated
1386	delinquent for committing, any of the acts stemming from the
1387	arrest or alleged criminal activity to which the petition
1388	pertains.
1389	3.  Has never secured a prior sealing or expunction of a
1390	criminal history record under this section, former s. 893.14,
1391	former s. 901.33, or former s. 943.058, or from any jurisdiction
1392	outside the state.
1393	4.  Is eligible for such an expunction to the best of his
1394	or her knowledge or belief and does not have any other petition
1395	to expunge or any petition to seal pending before any court.
1396
1397	Any person who knowingly provides false information on such
1398	sworn statement to the court commits a felony of the third
1399	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1400	775.084.
1401	(2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
1402	petitioning the court to expunge a criminal history record, a
1403	person seeking to expunge a criminal history record shall apply
1404	to the department for a certificate of eligibility for
1405	expunction. The department shall, by rule adopted pursuant to
1406	chapter 120, establish procedures pertaining to the application
1407	for and issuance of certificates of eligibility for expunction.
1408	The department shall issue a certificate of eligibility for
1409	expunction to a person who is the subject of a criminal history
1410	record if that person:
1411	(a)  Has obtained, and submitted to the department, a
1412	written, certified statement from the appropriate state attorney
1413	or statewide prosecutor which indicates:
1414	1.  That an indictment, information, or other charging
1415	document was not filed or issued in the case.
1416	2.  That an indictment, information, or other charging
1417	document, if filed or issued in the case, was dismissed or nolle
1418	prosequi by the state attorney or statewide prosecutor, or was
1419	dismissed by a court of competent jurisdiction.
1420	3.  That the criminal history record does not relate to a
1421	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
1422	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
1423	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
1424	s. 916.1075, or a violation enumerated in s. 907.041, where the
1425	defendant was found guilty of, or pled guilty or nolo contendere
1426	to any such offense, or that the defendant, as a minor, was
1427	found to have committed, or pled guilty or nolo contendere to
1428	committing, such an offense as a delinquent act, without regard
1429	to whether adjudication was withheld.
1430	(b)  Remits a $75 processing fee to the department for
1431	placement in the Department of Law Enforcement Operating Trust
1432	Fund, unless such fee is waived by the executive director.
1433	(c)  Has submitted to the department a certified copy of
1434	the disposition of the charge to which the petition to expunge
1435	pertains.
1436	(d)  Has never, prior to the date on which the application
1437	for a certificate of eligibility is filed, been adjudicated
1438	guilty of a criminal offense or comparable ordinance violation
1439	or adjudicated delinquent for committing a felony or a
1440	misdemeanor specified in s. 943.051(3)(b).
1441	(e)  Has not been adjudicated guilty of, or adjudicated
1442	delinquent for committing, any of the acts stemming from the
1443	arrest or alleged criminal activity to which the petition to
1444	expunge pertains.
1445	(f)  Has never secured a prior sealing or expunction of a
1446	criminal history record under this section, former s. 893.14,
1447	former s. 901.33, or former s. 943.058.
1448	(g)  Is no longer under court supervision applicable to the
1449	disposition of the arrest or alleged criminal activity to which
1450	the petition to expunge pertains.
1451	(h)  Is not required to wait a minimum of 10 years prior to
1452	being eligible for an expunction of such records because all
1453	charges related to the arrest or criminal activity to which the
1454	petition to expunge pertains were dismissed prior to trial,
1455	adjudication, or the withholding of adjudication. Otherwise,
1456	such criminal history record must be sealed under this section,
1457	former s. 893.14, former s. 901.33, or former s. 943.058 for at
1458	least 10 years before such record is eligible for expunction.
1459	(3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
1460	(a)  In judicial proceedings under this section, a copy of
1461	the completed petition to expunge shall be served upon the
1462	appropriate state attorney or the statewide prosecutor and upon
1463	the arresting agency; however, it is not necessary to make any
1464	agency other than the state a party. The appropriate state
1465	attorney or the statewide prosecutor and the arresting agency
1466	may respond to the court regarding the completed petition to
1467	expunge.
1468	(b)  If relief is granted by the court, the clerk of the
1469	court shall certify copies of the order to the appropriate state
1470	attorney or the statewide prosecutor and the arresting agency.
1471	The arresting agency is responsible for forwarding the order to
1472	any other agency to which the arresting agency disseminated the
1473	criminal history record information to which the order pertains.
1474	The department shall forward the order to expunge to the Federal
1475	Bureau of Investigation. The clerk of the court shall certify a
1476	copy of the order to any other agency which the records of the
1477	court reflect has received the criminal history record from the
1478	court.
1479	(c)  For an order to expunge entered by a court prior to
1480	July 1, 1992, the department shall notify the appropriate state
1481	attorney or statewide prosecutor of an order to expunge which is
1482	contrary to law because the person who is the subject of the
1483	record has previously been convicted of a crime or comparable
1484	ordinance violation or has had a prior criminal history record
1485	sealed or expunged. Upon receipt of such notice, the appropriate
1486	state attorney or statewide prosecutor shall take action, within
1487	60 days, to correct the record and petition the court to void
1488	the order to expunge. The department shall seal the record until
1489	such time as the order is voided by the court.
1490	(d)  On or after July 1, 1992, the department or any other
1491	criminal justice agency is not required to act on an order to
1492	expunge entered by a court when such order does not comply with
1493	the requirements of this section. Upon receipt of such an order,
1494	the department must notify the issuing court, the appropriate
1495	state attorney or statewide prosecutor, the petitioner or the
1496	petitioner's attorney, and the arresting agency of the reason
1497	for noncompliance. The appropriate state attorney or statewide
1498	prosecutor shall take action within 60 days to correct the
1499	record and petition the court to void the order. No cause of
1500	action, including contempt of court, shall arise against any
1501	criminal justice agency for failure to comply with an order to
1502	expunge when the petitioner for such order failed to obtain the
1503	certificate of eligibility as required by this section or such
1504	order does not otherwise comply with the requirements of this
1505	section.
1506	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
1507	criminal history record of a minor or an adult which is ordered
1508	expunged by a court of competent jurisdiction pursuant to this
1509	section must be physically destroyed or obliterated by any
1510	criminal justice agency having custody of such record; except
1511	that any criminal history record in the custody of the
1512	department must be retained in all cases. A criminal history
1513	record ordered expunged that is retained by the department is
1514	confidential and exempt from the provisions of s. 119.07(1) and
1515	s. 24(a), Art. I of the State Constitution and not available to
1516	any person or entity except upon order of a court of competent
1517	jurisdiction. A criminal justice agency may retain a notation
1518	indicating compliance with an order to expunge.
1519	(a)  The person who is the subject of a criminal history
1520	record that is expunged under this section or under other
1521	provisions of law, including former s. 893.14, former s. 901.33,
1522	and former s. 943.058, may lawfully deny or fail to acknowledge
1523	the arrests covered by the expunged record, except when the
1524	subject of the record:
1525	1.  Is a candidate for employment with a criminal justice
1526	agency;
1527	2.  Is a defendant in a criminal prosecution;
1528	3.  Concurrently or subsequently petitions for relief under
1529	this section or s. 943.059;
1530	4.  Is a candidate for admission to The Florida Bar;
1531	5.  Is seeking to be employed or licensed by or to contract
1532	with the Department of Children and Family Services or the
1533	Department of Juvenile Justice or to be employed or used by such
1534	contractor or licensee in a sensitive position having direct
1535	contact with children, the developmentally disabled, the aged,
1536	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1537	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1538	409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.
1539	985.407, or chapter 400; or
1540	6.  Is seeking to be employed or licensed by the Department
1541	of Education, any district school board, any university
1542	laboratory school, any charter school, any private or parochial
1543	school, or any local governmental entity that licenses child
1544	care facilities.
1545	(b)  Subject to the exceptions in paragraph (a), a person
1546	who has been granted an expunction under this section, former s.
1547	893.14, former s. 901.33, or former s. 943.058 may not be held
1548	under any provision of law of this state to commit perjury or to
1549	be otherwise liable for giving a false statement by reason of
1550	such person's failure to recite or acknowledge an expunged
1551	criminal history record.
1552	(c)  Information relating to the existence of an expunged
1553	criminal history record which is provided in accordance with
1554	paragraph (a) is confidential and exempt from the provisions of
1555	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1556	except that the department shall disclose the existence of a
1557	criminal history record ordered expunged to the entities set
1558	forth in subparagraphs (a)1., 4., 5., and 6. for their
1559	respective licensing and employment purposes, and to criminal
1560	justice agencies for their respective criminal justice purposes.
1561	It is unlawful for any employee of an entity set forth in
1562	subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
1563	subparagraph (a)6. to disclose information relating to the
1564	existence of an expunged criminal history record of a person
1565	seeking employment or licensure with such entity or contractor,
1566	except to the person to whom the criminal history record relates
1567	or to persons having direct responsibility for employment or
1568	licensure decisions. Any person who violates this paragraph
1569	commits a misdemeanor of the first degree, punishable as
1570	provided in s. 775.082 or s. 775.083.
1571	(5)  STATUTORY REFERENCES.--Any reference to any other
1572	chapter, section, or subdivision of the Florida Statutes in this
1573	section constitutes a general reference under the doctrine of
1574	incorporation by reference.
1575	Section 23.  For the purpose of incorporating the amendment
1576	to section 893.135, Florida Statutes, in a reference thereto,
1577	section 943.059, Florida Statutes, is reenacted to read:
1578	943.059  Court-ordered sealing of criminal history
1579	records.--The courts of this state shall continue to have
1580	jurisdiction over their own procedures, including the
1581	maintenance, sealing, and correction of judicial records
1582	containing criminal history information to the extent such
1583	procedures are not inconsistent with the conditions,
1584	responsibilities, and duties established by this section. Any
1585	court of competent jurisdiction may order a criminal justice
1586	agency to seal the criminal history record of a minor or an
1587	adult who complies with the requirements of this section. The
1588	court shall not order a criminal justice agency to seal a
1589	criminal history record until the person seeking to seal a
1590	criminal history record has applied for and received a
1591	certificate of eligibility for sealing pursuant to subsection
1592	(2). A criminal history record that relates to a violation of s.
1593	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
1594	800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.
1595	847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or
1596	a violation enumerated in s. 907.041 may not be sealed, without
1597	regard to whether adjudication was withheld, if the defendant
1598	was found guilty of or pled guilty or nolo contendere to the
1599	offense, or if the defendant, as a minor, was found to have
1600	committed or pled guilty or nolo contendere to committing the
1601	offense as a delinquent act. The court may only order sealing of
1602	a criminal history record pertaining to one arrest or one
1603	incident of alleged criminal activity, except as provided in
1604	this section. The court may, at its sole discretion, order the
1605	sealing of a criminal history record pertaining to more than one
1606	arrest if the additional arrests directly relate to the original
1607	arrest. If the court intends to order the sealing of records
1608	pertaining to such additional arrests, such intent must be
1609	specified in the order. A criminal justice agency may not seal
1610	any record pertaining to such additional arrests if the order to
1611	seal does not articulate the intention of the court to seal
1612	records pertaining to more than one arrest. This section does
1613	not prevent the court from ordering the sealing of only a
1614	portion of a criminal history record pertaining to one arrest or
1615	one incident of alleged criminal activity. Notwithstanding any
1616	law to the contrary, a criminal justice agency may comply with
1617	laws, court orders, and official requests of other jurisdictions
1618	relating to sealing, correction, or confidential handling of
1619	criminal history records or information derived therefrom. This
1620	section does not confer any right to the sealing of any criminal
1621	history record, and any request for sealing a criminal history
1622	record may be denied at the sole discretion of the court.
1623	(1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
1624	petition to a court to seal a criminal history record is
1625	complete only when accompanied by:
1626	(a)  A certificate of eligibility for sealing issued by the
1627	department pursuant to subsection (2).
1628	(b)  The petitioner's sworn statement attesting that the
1629	petitioner:
1630	1.  Has never, prior to the date on which the petition is
1631	filed, been adjudicated guilty of a criminal offense or
1632	comparable ordinance violation or adjudicated delinquent for
1633	committing a felony or a misdemeanor specified in s.
1634	943.051(3)(b).
1635	2.  Has not been adjudicated guilty of or adjudicated
1636	delinquent for committing any of the acts stemming from the
1637	arrest or alleged criminal activity to which the petition to
1638	seal pertains.
1639	3.  Has never secured a prior sealing or expunction of a
1640	criminal history record under this section, former s. 893.14,
1641	former s. 901.33, former s. 943.058, or from any jurisdiction
1642	outside the state.
1643	4.  Is eligible for such a sealing to the best of his or
1644	her knowledge or belief and does not have any other petition to
1645	seal or any petition to expunge pending before any court.
1646
1647	Any person who knowingly provides false information on such
1648	sworn statement to the court commits a felony of the third
1649	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1650	775.084.
1651	(2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
1652	petitioning the court to seal a criminal history record, a
1653	person seeking to seal a criminal history record shall apply to
1654	the department for a certificate of eligibility for sealing. The
1655	department shall, by rule adopted pursuant to chapter 120,
1656	establish procedures pertaining to the application for and
1657	issuance of certificates of eligibility for sealing. The
1658	department shall issue a certificate of eligibility for sealing
1659	to a person who is the subject of a criminal history record
1660	provided that such person:
1661	(a)  Has submitted to the department a certified copy of
1662	the disposition of the charge to which the petition to seal
1663	pertains.
1664	(b)  Remits a $75 processing fee to the department for
1665	placement in the Department of Law Enforcement Operating Trust
1666	Fund, unless such fee is waived by the executive director.
1667	(c)  Has never, prior to the date on which the application
1668	for a certificate of eligibility is filed, been adjudicated
1669	guilty of a criminal offense or comparable ordinance violation
1670	or adjudicated delinquent for committing a felony or a
1671	misdemeanor specified in s. 943.051(3)(b).
1672	(d)  Has not been adjudicated guilty of or adjudicated
1673	delinquent for committing any of the acts stemming from the
1674	arrest or alleged criminal activity to which the petition to
1675	seal pertains.
1676	(e)  Has never secured a prior sealing or expunction of a
1677	criminal history record under this section, former s. 893.14,
1678	former s. 901.33, or former s. 943.058.
1679	(f)  Is no longer under court supervision applicable to the
1680	disposition of the arrest or alleged criminal activity to which
1681	the petition to seal pertains.
1682	(3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
1683	(a)  In judicial proceedings under this section, a copy of
1684	the completed petition to seal shall be served upon the
1685	appropriate state attorney or the statewide prosecutor and upon
1686	the arresting agency; however, it is not necessary to make any
1687	agency other than the state a party. The appropriate state
1688	attorney or the statewide prosecutor and the arresting agency
1689	may respond to the court regarding the completed petition to
1690	seal.
1691	(b)  If relief is granted by the court, the clerk of the
1692	court shall certify copies of the order to the appropriate state
1693	attorney or the statewide prosecutor and to the arresting
1694	agency. The arresting agency is responsible for forwarding the
1695	order to any other agency to which the arresting agency
1696	disseminated the criminal history record information to which
1697	the order pertains. The department shall forward the order to
1698	seal to the Federal Bureau of Investigation. The clerk of the
1699	court shall certify a copy of the order to any other agency
1700	which the records of the court reflect has received the criminal
1701	history record from the court.
1702	(c)  For an order to seal entered by a court prior to July
1703	1, 1992, the department shall notify the appropriate state
1704	attorney or statewide prosecutor of any order to seal which is
1705	contrary to law because the person who is the subject of the
1706	record has previously been convicted of a crime or comparable
1707	ordinance violation or has had a prior criminal history record
1708	sealed or expunged. Upon receipt of such notice, the appropriate
1709	state attorney or statewide prosecutor shall take action, within
1710	60 days, to correct the record and petition the court to void
1711	the order to seal. The department shall seal the record until
1712	such time as the order is voided by the court.
1713	(d)  On or after July 1, 1992, the department or any other
1714	criminal justice agency is not required to act on an order to
1715	seal entered by a court when such order does not comply with the
1716	requirements of this section. Upon receipt of such an order, the
1717	department must notify the issuing court, the appropriate state
1718	attorney or statewide prosecutor, the petitioner or the
1719	petitioner's attorney, and the arresting agency of the reason
1720	for noncompliance. The appropriate state attorney or statewide
1721	prosecutor shall take action within 60 days to correct the
1722	record and petition the court to void the order. No cause of
1723	action, including contempt of court, shall arise against any
1724	criminal justice agency for failure to comply with an order to
1725	seal when the petitioner for such order failed to obtain the
1726	certificate of eligibility as required by this section or when
1727	such order does not comply with the requirements of this
1728	section.
1729	(e)  An order sealing a criminal history record pursuant to
1730	this section does not require that such record be surrendered to
1731	the court, and such record shall continue to be maintained by
1732	the department and other criminal justice agencies.
1733	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
1734	history record of a minor or an adult which is ordered sealed by
1735	a court of competent jurisdiction pursuant to this section is
1736	confidential and exempt from the provisions of s. 119.07(1) and
1737	s. 24(a), Art. I of the State Constitution and is available only
1738	to the person who is the subject of the record, to the subject's
1739	attorney, to criminal justice agencies for their respective
1740	criminal justice purposes, or to those entities set forth in
1741	subparagraphs (a)1., 4., 5., and 6. for their respective
1742	licensing and employment purposes.
1743	(a)  The subject of a criminal history record sealed under
1744	this section or under other provisions of law, including former
1745	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1746	deny or fail to acknowledge the arrests covered by the sealed
1747	record, except when the subject of the record:
1748	1.  Is a candidate for employment with a criminal justice
1749	agency;
1750	2.  Is a defendant in a criminal prosecution;
1751	3.  Concurrently or subsequently petitions for relief under
1752	this section or s. 943.0585;
1753	4.  Is a candidate for admission to The Florida Bar;
1754	5.  Is seeking to be employed or licensed by or to contract
1755	with the Department of Children and Family Services or the
1756	Department of Juvenile Justice or to be employed or used by such
1757	contractor or licensee in a sensitive position having direct
1758	contact with children, the developmentally disabled, the aged,
1759	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1760	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1761	409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
1762	(13), s. 985.407, or chapter 400; or
1763	6.  Is seeking to be employed or licensed by the Department
1764	of Education, any district school board, any university
1765	laboratory school, any charter school, any private or parochial
1766	school, or any local governmental entity that licenses child
1767	care facilities.
1768	(b)  Subject to the exceptions in paragraph (a), a person
1769	who has been granted a sealing under this section, former s.
1770	893.14, former s. 901.33, or former s. 943.058 may not be held
1771	under any provision of law of this state to commit perjury or to
1772	be otherwise liable for giving a false statement by reason of
1773	such person's failure to recite or acknowledge a sealed criminal
1774	history record.
1775	(c)  Information relating to the existence of a sealed
1776	criminal record provided in accordance with the provisions of
1777	paragraph (a) is confidential and exempt from the provisions of
1778	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1779	except that the department shall disclose the sealed criminal
1780	history record to the entities set forth in subparagraphs (a)1.,
1781	4., 5., and 6. for their respective licensing and employment
1782	purposes. It is unlawful for any employee of an entity set forth
1783	in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
1784	or subparagraph (a)6. to disclose information relating to the
1785	existence of a sealed criminal history record of a person
1786	seeking employment or licensure with such entity or contractor,
1787	except to the person to whom the criminal history record relates
1788	or to persons having direct responsibility for employment or
1789	licensure decisions. Any person who violates the provisions of
1790	this paragraph commits a misdemeanor of the first degree,
1791	punishable as provided in s. 775.082 or s. 775.083.
1792	(5)  STATUTORY REFERENCES.--Any reference to any other
1793	chapter, section, or subdivision of the Florida Statutes in this
1794	section constitutes a general reference under the doctrine of
1795	incorporation by reference.
1796	Section 24.  For the purpose of incorporating the amendment
1797	to section 893.13, Florida Statutes, in references thereto,
1798	subsections (1) and (2) of section 948.034, Florida Statutes,
1799	are reenacted to read:
1800	948.034  Terms and conditions of probation; community
1801	residential drug punishment centers.--
1802	(1)  On or after October 1, 1993, any person who violates
1803	s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a) may,
1804	in the discretion of the trial court, be required to
1805	successfully complete a term of probation in lieu of serving a
1806	term of imprisonment as required or authorized by s. 775.084,
1807	former s. 921.001, or s. 921.002, as follows:
1808	(a)  If the person has not previously been convicted of
1809	violating s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or
1810	(5)(a), adjudication may be withheld and the offender may be
1811	placed on probation for not less than 18 months, as a condition
1812	of which the court shall require the offender to reside at a
1813	community residential drug punishment center for 90 days. The
1814	offender must comply with all rules and regulations of the
1815	center and must pay a fee for the costs of room and board and
1816	residential supervision. Placement of an offender into a
1817	community residential drug punishment center is subject to
1818	budgetary considerations and availability of bed space. If the
1819	court requires the offender to reside at a community residential
1820	drug punishment center, the court shall also require the
1821	offender to comply with one or more of the other following terms
1822	and conditions:
1823	1.  Pay a fine of not less than $500 nor more than $10,000
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 100 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)1., (1)(c)2., (1)(d)2.,
1845	(2)(a)1., or (5)(a), adjudication may not be withheld and the
1846	offender may be placed on probation for not less than 24 months,
1847	as a condition of which the court shall require the offender to
1848	reside at a community residential drug punishment center for 180
1849	days. The offender must comply with all rules and regulations of
1850	the center and must pay a fee for the costs of room and board
1851	and 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 $1,000 nor more than
1859	$10,000 pursuant to s. 775.083(1)(c).
1860	2.  Enter, regularly attend, and successfully complete a
1861	substance abuse education program of at least 40 hours or a
1862	prescribed substance abuse treatment program provided by a
1863	treatment resource licensed pursuant to chapter 397 or by a
1864	hospital licensed pursuant to chapter 395, as specified by the
1865	court. In addition, the court may refer the offender to a
1866	licensed agency for substance abuse evaluation and, if
1867	appropriate, substance abuse treatment subject to the ability of
1868	the offender to pay for such evaluation and treatment. If such
1869	referral is made, the offender must comply and must pay for the
1870	reasonable cost of the evaluation and treatment.
1871	3.  Perform at least 200 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)1. or (5)(a), adjudication
1880	may not be withheld and the offender may be placed on probation
1881	for not less than 36 months, as a condition of which the court
1882	shall require the offender to reside at a community residential
1883	drug punishment center for 360 days. The offender must comply
1884	with all rules and regulations of the center and must pay a fee
1885	for the costs of room and board and residential supervision.
1886	Placement of an offender into a community residential drug
1887	punishment center is subject to budgetary considerations and
1888	availability of bed space. If the court requires the offender to
1889	reside at a community residential drug punishment center, the
1890	court shall also require the offender to comply with one or more
1891	of the other following terms and conditions:
1892	1.  Pay a fine of not less than $1,500 nor more than
1893	$10,000 pursuant to s. 775.083(1)(c).
1894	2.  Enter, regularly attend, and successfully complete a
1895	substance abuse education program of at least 40 hours or 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 300 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)  An offender who violates probation imposed pursuant to
1913	this section shall be sentenced in accordance with s. 921.002.
1914	(2)  On or after October 1, 1993, any person who violates
1915	s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a) may, in the
1916	discretion of the trial court, be required to successfully
1917	complete a term of probation in lieu of serving a term of
1918	imprisonment as required or authorized by s. 775.084, former s.
1919	921.001, or s. 921.002, as follows:
1920	(a)  If the person has not previously been convicted of
1921	violating s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a),
1922	adjudication may be withheld and the offender shall be placed on
1923	probation for not less than 12 months, as a condition of which
1924	the court may require the offender to comply with one or more of
1925	the following terms and conditions:
1926	1.  Pay a fine of not less than $250 nor more than $5,000
1927	pursuant to s. 775.083(1)(c).
1928	2.  Enter, regularly attend, and successfully complete a
1929	substance abuse education program of at least 40 hours or 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 50 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	(b)  If the person has been previously convicted of one
1947	felony violation of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or
1948	(6)(a), adjudication may not be withheld and the offender may be
1949	placed on probation for not less than 18 months, as a condition
1950	of which the court shall require the offender to reside at a
1951	community residential drug punishment center for 90 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 $500 nor more than $5,000
1962	pursuant to s. 775.083(1)(c).
1963	2.  Enter, regularly attend, and successfully complete a
1964	substance abuse intervention program of a least 80 hours
1965	provided by a treatment resource licensed pursuant to chapter
1966	397 or by a hospital licensed pursuant to chapter 395, as
1967	specified by the court. In addition, the court may refer the
1968	offender to a licensed agency for substance abuse evaluation
1969	and, if appropriate, substance abuse treatment subject to the
1970	ability of the offender to pay for such evaluation and
1971	treatment. If such referral is made, the offender must comply
1972	and must pay for the reasonable cost of the evaluation and
1973	treatment.
1974	3.  Perform at least 100 hours of public service.
1975	4.  Submit to routine and random drug testing which may be
1976	conducted during the probationary period, with the reasonable
1977	costs thereof borne by the offender.
1978	5.  Participate, at his or her own expense, in an
1979	appropriate self-help group, such as Narcotics Anonymous,
1980	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1981	(c)  If the person has been previously convicted of two
1982	felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
1983	adjudication may not be withheld and the offender may be placed
1984	on probation for not less than 24 months, as a condition of
1985	which the court shall require the offender to reside at a
1986	community residential drug punishment center for 120 days. The
1987	offender must comply with all rules and regulations of the
1988	center and must pay a fee for the costs of room and board and
1989	residential supervision. Placement of an offender into a
1990	community residential drug punishment center is subject to
1991	budgetary considerations and availability of bed space. If the
1992	court requires the offender to reside at a community residential
1993	drug punishment center, the court shall also require the
1994	offender to comply with one or more of the other following terms
1995	and conditions:
1996	1.  Pay a fine of not less than $1,000 nor more than $5,000
1997	pursuant to s. 775.083(1)(c).
1998	2.  Enter, regularly attend, and successfully complete a
1999	prescribed substance abuse treatment program provided by a
2000	treatment resource licensed pursuant to chapter 397 or by a
2001	hospital licensed pursuant to chapter 395, as specified by the
2002	court. In addition, the court may refer the offender to a
2003	licensed agency for substance abuse evaluation and, if
2004	appropriate, substance abuse treatment subject to the ability of
2005	the offender to pay for such evaluation and treatment. If such
2006	referral is made, the offender must comply and must pay for the
2007	reasonable cost of the evaluation and treatment.
2008	3.  Perform at least 150 hours of public service.
2009	4.  Submit to routine and random drug testing which may be
2010	conducted during the probationary period, with the reasonable
2011	costs thereof borne by the offender.
2012	5.  Participate, at his or her own expense, in an
2013	appropriate self-help group, such as Narcotics Anonymous,
2014	Alcoholics Anonymous, or Cocaine Anonymous, if available.
2015	(d)  If the person has been previously convicted of three
2016	felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
2017	adjudication may not be withheld and the offender may be placed
2018	on probation for not less than 30 months, as a condition of
2019	which the court shall require the offender to reside at a
2020	community residential drug punishment center for 200 days. The
2021	offender must comply with all rules and regulations of the
2022	center and must pay a fee for the costs of room and board and
2023	residential supervision. Placement of an offender into a
2024	community residential drug punishment center is subject to
2025	budgetary considerations and availability of bed space. If the
2026	court requires the offender to reside at a community residential
2027	drug punishment center, the court shall also require the
2028	offender to comply with one or more of the other following terms
2029	and conditions:
2030	1.  Pay a fine of not less than $1,500 nor more than $5,000
2031	pursuant to s. 775.083(1)(c).
2032	2.  Enter, regularly attend, and successfully complete a
2033	prescribed substance abuse treatment program provided by a
2034	treatment resource licensed pursuant to chapter 397 or by a
2035	hospital licensed pursuant to chapter 395, as specified by the
2036	court. In addition, the court may refer the offender to a
2037	licensed agency for substance abuse evaluation and, if
2038	appropriate, substance abuse treatment subject to the ability of
2039	the offender to pay for such evaluation and treatment. If such
2040	referral is made, the offender must comply and must pay for the
2041	reasonable cost of the evaluation and treatment.
2042	3.  Perform at least 200 hours of public service.
2043	4.  Submit to routine and random drug testing which may be
2044	conducted during the probationary period, with the reasonable
2045	costs thereof borne by the offender.
2046	5.  Participate, at his or her own expense, in an
2047	appropriate self-help group, such as Narcotics Anonymous,
2048	Alcoholics Anonymous, or Cocaine Anonymous, if available.
2049	(e)  If the person has been previously convicted of four
2050	felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
2051	adjudication may not be withheld and the offender may be placed
2052	on probation for not less than 36 months, as a condition of
2053	which the court shall require the offender to reside at a
2054	community residential drug punishment center for 360 days. The
2055	offender must comply with all rules and regulations of the
2056	center and must pay a fee for the costs of room and board and
2057	residential supervision. Placement of an offender into a
2058	community residential drug punishment center is subject to
2059	budgetary considerations and availability of bed space. If the
2060	court requires the offender to reside at a community residential
2061	drug punishment center, the court shall also require the
2062	offender to comply with one or more of the other following terms
2063	and conditions:
2064	1.  Pay a fine of not less than $2,000 nor more than $5,000
2065	pursuant to s. 775.083(1)(c).
2066	2.  Enter, regularly attend, and successfully complete a
2067	prescribed substance abuse treatment program provided by a
2068	treatment resource licensed pursuant to chapter 397 or by a
2069	hospital licensed pursuant to chapter 395, as specified by the
2070	court. In addition, the court may refer the offender to a
2071	licensed agency for substance abuse evaluation and, if
2072	appropriate, substance abuse treatment subject to the ability of
2073	the offender to pay for such evaluation and treatment. If such
2074	referral is made, the offender must comply and must pay for the
2075	reasonable cost of the evaluation and treatment.
2076	3.  Perform at least 250 hours of public service.
2077	4.  Submit to routine and random drug testing which may be
2078	conducted during the probationary period, with the reasonable
2079	costs thereof borne by the offender.
2080	5.  Participate, at his or her own expense, in an
2081	appropriate self-help group, such as Narcotics Anonymous,
2082	Alcoholics Anonymous, or Cocaine Anonymous, if available.
2083	(f)  An offender who violates probation imposed pursuant to
2084	this section shall be sentenced in accordance with s. 921.002.
2085	Section 25.  This act shall take effect July 1, 2005, and
2086	shall apply to offenses committed on or after that date.

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