HB 1347

1	A bill to be entitled
2	An act relating to controlled substances; amending s.
3	893.033, F.S.; revising the definition of "listed
4	precursor chemical" to include benzaldehyde, hydriodic
5	acid, and nitroethane, and to remove anhydrous ammonia and
6	benzyl chloride; revising the definition of "listed
7	essential chemical" to include anhydrous ammonia, benzyl
8	chloride, hydrochloric gas, and iodine; amending s.
9	893.13, F.S.; prohibiting a person from manufacturing
10	methamphetamine or phencyclidine or from possessing listed
11	chemicals with the intent to manufacture methamphetamine
12	or phencyclidine; providing criminal penalties; providing
13	for minimum terms of imprisonment in circumstances where a
14	person commits or attempts to commit such crime in a
15	structure or conveyance where a child is present and in
16	circumstances where a child suffers great bodily harm;
17	providing criminal penalties in circumstances where a
18	person fails to store anhydrous ammonia as required;
19	providing criminal penalties in circumstances involving a
20	violation of ch. 893, F.S., which results in serious
21	injury to a state, local, or federal law enforcement
22	officer; increasing the criminal penalties if such
23	violation results in death or great bodily harm to such
24	officer; prohibiting a person from selling, manufacturing,
25	delivering, or attempting to sell, manufacture, or deliver
26	a controlled substance in, on, or within 1,000 feet of an
27	assisted living facility; providing criminal penalties for
28	such offense; specifying minimum terms of imprisonment for
29	such offense; amending s. 893.135, F.S.; including
30	offenses involving pseudoephedrine within the offense of
31	trafficking in amphetamine; providing criminal penalties;
32	providing that it is a capital offense to manufacture or
33	import pseudoephedrine knowing that the probable result
34	will be death; amending s. 893.149, F.S., relating to the
35	prohibition against possessing listed chemicals; providing
36	an exception to such prohibition for a person authorized
37	to clean up or dispose of hazardous waste or toxic
38	substances pursuant to ch. 893, F.S.; providing that
39	damages arising out of the unlawful possession of, storage
40	of, or tampering with a listed chemical is the sole
41	responsibility of the person unlawfully possessing,
42	storing, or tampering with the chemical; providing that
43	the lawful owner, installer, maintainer, designer,
44	manufacturer, possessor, or seller is immune from
45	liability in the absence of negligent misconduct or
46	failure to abide by laws governing possession or storage;
47	creating s. 893.1495, F.S.; limiting retail sales of
48	products containing more than a specified amount of
49	ephedrine or related compounds in a single transaction;
50	providing restrictions on the retail display of products
51	containing ephedrine or related compounds; requiring
52	specified training for employees of retail outlets who
53	engage in the retail sale of such products; providing that
54	local regulations passed after a specified date that are
55	more restrictive than this act are superseded; providing
56	criminal penalties; reenacting s. 893.02(12), F.S.,
57	relating to the definition of the term "listed chemical,"
58	for the purpose of incorporating the amendment to s.
59	893.033, F.S., in a reference thereto; reenacting ss.
60	435.07(2), 921.187(1), 938.25, and 948.034(1) and (2),
61	F.S., relating to exemptions from disqualification for
62	certain employment, disposition and sentencing
63	alternatives, the assessment of fees for purposes of
64	funding the Operating Trust Fund of the Department of Law
65	Enforcement, and the terms and conditions of probation,
66	respectively, for the purpose of incorporating the
67	amendment to s. 893.13, F.S., in references thereto;
68	reenacting ss. 311.12(3)(c), 414.095(1), 775.087(2)(a) and
69	(3)(a), 782.04(1)(a), (3)(a), and (4)(a), 893.13(8)(d),
70	907.041(4)(c), 921.0022(3)(g), (h), and (i), 921.0024(1),
71	921.142(2), 943.0585, and 943.059, F.S., relating to
72	seaport security standards, eligibility for temporary cash
73	assistance, mandatory sentencing in circumstances
74	involving the possession of use of a weapon, specified
75	offenses that may be charged as murder if death results,
76	prohibited acts by prescribing practitioners,
77	circumstances in which the court may order pretrial
78	detention, the offense severity ranking chart of the
79	Criminal Punishment Code, worksheet computations and
80	scoresheets under the Criminal Punishment Code, sentencing
81	in capital drug trafficking cases, limitations on
82	circumstances in which a criminal history record may be
83	expunged, and limitations on circumstances in which a
84	criminal history record may be sealed, respectively, for
85	the purpose of incorporating the amendment to s. 895.135,
86	F.S., in references thereto; reenacting ss. 397.451(4)(b)
87	and (6), 772.12(2)(a), 893.1351(1), and 903.133, F.S.,
88	relating to background checks of service provider
89	personnel, the Drug Dealer Liability Act, the prohibition
90	against leasing or renting for the purpose of trafficking
91	in a controlled substance, and the limitation of admission
92	to bail, respectively, for the purpose of incorporating
93	the amendments to ss. 893.13 and 893.135, F.S., in
94	references thereto; providing applicability; providing an
95	effective date.
96
97	Be It Enacted by the Legislature of the State of Florida:
98
99	Section 1.  Section 893.033, Florida Statutes, is amended
100	to read:
101	893.033  Listed chemicals.--The chemicals listed in this
102	section are included by whatever official, common, usual,
103	chemical, or trade name designated.
104	(1)  PRECURSOR CHEMICALS.--The term "listed precursor
105	chemical" means a chemical that may be used in manufacturing a
106	controlled substance in violation of this chapter and is
107	critical to the creation of the controlled substance, and such
108	term includes any salt, optical isomer, or salt of an optical
109	isomer, whenever the existence of such salt, optical isomer, or
110	salt of optical isomer is possible within the specific chemical
111	designation. The following are "listed precursor chemicals":
112	(a)  Anhydrous ammonia.
113	(a)(b)  Anthranilic acid.
114	(b)  Benzaldehyde.
115	(c)  Benzyl chloride.
116	(c)(d)  Benzyl cyanide.
117	(d)(e)  Chloroephedrine.
118	(e)(f)  Chloropseudoephedrine.
119	(f)(g)  Ephedrine.
120	(g)(h)  Ergonovine.
121	(h)(i)  Ergotamine.
122	(i)  Hydriodic acid.
123	(j)  Ethylamine.
124	(k)  Isosafrole.
125	(l)  Methylamine.
126	(m)  3, 4-Methylenedioxyphenyl-2-propanone.
127	(n)  N-acetylanthranilic acid.
128	(o)  N-ethylephedrine.
129	(p)  N-ethylpseudoephedrine.
130	(q)  N-methylephedrine.
131	(r)  N-methylpseudoephedrine.
132	(s)  Nitroethane.
133	(t)(s)  Norpseudoephedrine.
134	(u)(t)  Phenylacetic acid.
135	(v)(u)  Phenylpropanolamine.
136	(w)(v)  Piperidine.
137	(x)(w)  Piperonal.
138	(y)(x)  Propionic anhydride.
139	(z)(y)  Pseudoephedrine.
140	(aa)(z)  Safrole.
141	(2)  ESSENTIAL CHEMICALS.--The term "listed essential
142	chemical" means a chemical that may be used as a solvent,
143	reagent, or catalyst in manufacturing a controlled substance in
144	violation of this chapter. The following are "listed essential
145	chemicals":
146	(a)  Acetic anhydride.
147	(b)  Acetone.
148	(c)  Anhydrous ammonia.
149	(d)  Benzyl chloride.
150	(e)(c)  2-Butanone.
151	(f)(d)  Ethyl ether.
152	(g)  Hydrochloric gas.
153	(h)(e)  Hydriodic acid.
154	(i)  Iodine.
155	(j)(f)  Potassium permanganate.
156	(k)(g)  Toluene.
157	Section 2.  Paragraphs (g) and (h) are added to subsection
158	(1) of section 893.13, Florida Statutes, paragraphs (a) and (c)
159	of subsection (7) of said section are amended, subsection (12)
160	is added to said section, and paragraph (d) of subsection (8) of
161	said section is reenacted for purpose of incorporating the
162	amendment to section 893.135, Florida Statutes, in a reference
163	thereto, to read:
164	893.13  Prohibited acts; penalties.--
165	(1)
166	(g)  Except as authorized by this chapter, it is unlawful
167	for any person to manufacture methamphetamine or phencyclidine,
168	or possess any listed chemical as defined in s. 893.033 in
169	violation of s. 893.149 and with intent to manufacture
170	methamphetamine or phencyclidine. If any person violates this
171	paragraph and:
172	1.  The commission or attempted commission of the crime
173	occurs in a structure or conveyance where any child under 16
174	years of age is present, the person commits a felony of the
175	first degree, punishable as provided in s. 775.082, s. 775.083,
176	or s. 775.084. In addition, the defendant must be sentenced to a
177	minimum term of imprisonment of 5 calendar years.
178	2.  The commission of the crime causes any child under 16
179	years of age to suffer great bodily harm, the person commits a
180	felony of the first degree, punishable as provided in s.
181	775.082, s. 775.083, or s. 775.084. In addition, the defendant
182	must be sentenced to a minimum term of imprisonment of 10
183	calendar years.
184	(h)  Except as authorized by this chapter, it is unlawful
185	for any person to sell, manufacture, or deliver, or possess with
186	intent to sell, manufacture, or deliver, a controlled substance
187	in, on, or within 1,000 feet of the real property comprising an
188	assisted living facility, as that term is used in chapter 400.
189	Any person who violates this paragraph with respect to:
190	1.  A controlled substance named or described in s.
191	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
192	commits a felony of the first degree, punishable as provided in
193	s. 775.082, s. 775.083, or s. 775.084.
194	2.  A controlled substance named or described in s.
195	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
196	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
197	the second degree, punishable as provided in s. 775.082, s.
198	775.083, or s. 775.084.
199	(7)(a)  It is unlawful for any person:
200	1.  To distribute or dispense a controlled substance in
201	violation of this chapter.
202	2.  To refuse or fail to make, keep, or furnish any record,
203	notification, order form, statement, invoice, or information
204	required under this chapter.
205	3.  To refuse an entry into any premises for any inspection
206	or to refuse to allow any inspection authorized by this chapter.
207	4.  To distribute a controlled substance named or described
208	in s. 893.03(1) or (2) except pursuant to an order form as
209	required by s. 893.06.
210	5.  To keep or maintain any store, shop, warehouse,
211	dwelling, building, vehicle, boat, aircraft, or other structure
212	or place which is resorted to by persons using controlled
213	substances in violation of this chapter for the purpose of using
214	these substances, or which is used for keeping or selling them
215	in violation of this chapter.
216	6.  To use to his or her own personal advantage, or to
217	reveal, any information obtained in enforcement of this chapter
218	except in a prosecution or administrative hearing for a
219	violation of this chapter.
220	7.  To possess a prescription form which has not been
221	completed and signed by the practitioner whose name appears
222	printed thereon, unless the person is that practitioner, is an
223	agent or employee of that practitioner, is a pharmacist, or is a
224	supplier of prescription forms who is authorized by that
225	practitioner to possess those forms.
226	8.  To withhold information from a practitioner from whom
227	the person seeks to obtain a controlled substance or a
228	prescription for a controlled substance that the person making
229	the request has received a controlled substance or a
230	prescription for a controlled substance of like therapeutic use
231	from another practitioner within the previous 30 days.
232	9.  To acquire or obtain, or attempt to acquire or obtain,
233	possession of a controlled substance by misrepresentation,
234	fraud, forgery, deception, or subterfuge.
235	10.  To affix any false or forged label to a package or
236	receptacle containing a controlled substance.
237	11.  To furnish false or fraudulent material information
238	in, or omit any material information from, any report or other
239	document required to be kept or filed under this chapter or any
240	record required to be kept by this chapter.
241	12.  To store anhydrous ammonia in a container that is not
242	approved by the United States Department of Transportation to
243	hold anhydrous ammonia or is not constructed in accordance with
244	sound engineering, agricultural, or commercial practices.
245	(c)  Any person who violates the provisions of
246	subparagraphs (a)8.-12. (a)8.-11. commits a felony of the third
247	degree, punishable as provided in s. 775.082, s. 775.083, or s.
248	775.084.
249	(8)
250	(d)  Notwithstanding paragraph (c), if a prescribing
251	practitioner has violated paragraph (a) and received $1,000 or
252	more in payment for writing one or more prescriptions or, in the
253	case of a prescription written for a controlled substance
254	described in s. 893.135, has written one or more prescriptions
255	for a quantity of a controlled substance which, individually or
256	in the aggregate, meets the threshold for the offense of
257	trafficking in a controlled substance under s. 893.15, the
258	violation is reclassified as a felony of the second degree and
259	ranked in level 4 of the Criminal Punishment Code.
260	(12)  If a person violates any provision of this chapter
261	and the violation results in a serious injury to a state, local,
262	or federal law enforcement officer, the person commits a felony
263	of the third degree, punishable as provided in s. 775.082, s.
264	775.083, or s. 775.084. If the injury sustained results in death
265	or great bodily harm, the person commits a felony of the second
266	degree, punishable as provided in s. 775.082, s. 775.083, or s.
267	775.084.
268	Section 3.  Paragraph (f) of subsection (1) of section
269	893.135, Florida Statutes, is amended to read:
270	893.135  Trafficking; mandatory sentences; suspension or
271	reduction of sentences; conspiracy to engage in trafficking.--
272	(1)  Except as authorized in this chapter or in chapter 499
273	and notwithstanding the provisions of s. 893.13:
274	(f)1.  Any person who knowingly sells, purchases,
275	manufactures, delivers, or brings into this state, or who is
276	knowingly in actual or constructive possession of, 14 grams or
277	more of amphetamine, as described in s. 893.03(2)(c)2., or
278	methamphetamine, as described in s. 893.03(2)(c)4., or of any
279	mixture containing amphetamine or methamphetamine, or
280	phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
281	in conjunction with other chemicals and equipment utilized in
282	the manufacture of amphetamine or methamphetamine, commits a
283	felony of the first degree, which felony shall be known as
284	"trafficking in amphetamine," punishable as provided in s.
285	775.082, s. 775.083, or s. 775.084. If the quantity involved:
286	a.  Is 14 grams or more, but less than 28 grams, such
287	person shall be sentenced to a mandatory minimum term of
288	imprisonment of 3 years, and the defendant shall be ordered to
289	pay a fine of $50,000.
290	b.  Is 28 grams or more, but less than 200 grams, such
291	person shall be sentenced to a mandatory minimum term of
292	imprisonment of 7 years, and the defendant shall be ordered to
293	pay a fine of $100,000.
294	c.  Is 200 grams or more, such person shall be sentenced to
295	a mandatory minimum term of imprisonment of 15 calendar years
296	and pay a fine of $250,000.
297	2.  Any person who knowingly manufactures or brings into
298	this state 400 grams or more of amphetamine, as described in s.
299	893.03(2)(c)2., or methamphetamine, as described in s.
300	893.03(2)(c)4., or of any mixture containing amphetamine or
301	methamphetamine, or phenylacetone, phenylacetic acid,
302	pseudoephedrine, or ephedrine in conjunction with other
303	chemicals and equipment used in the manufacture of amphetamine
304	or methamphetamine, and who knows that the probable result of
305	such manufacture or importation would be the death of any person
306	commits capital manufacture or importation of amphetamine, a
307	capital felony punishable as provided in ss. 775.082 and
308	921.142. Any person sentenced for a capital felony under this
309	paragraph shall also be sentenced to pay the maximum fine
310	provided under subparagraph 1.
311	Section 4.  Section 893.149, Florida Statutes, is amended
312	to read:
313	893.149  Unlawful possession of listed chemical.--
314	(1)  It is unlawful for any person to knowingly or
315	intentionally:
316	(a)  Possess a listed chemical with the intent to
317	unlawfully manufacture a controlled substance;
318	(b)  Possess or distribute a listed chemical knowing, or
319	having reasonable cause to believe, that the listed chemical
320	will be used to unlawfully manufacture a controlled substance.
321	(2)  Any person who violates this section commits is guilty
322	of a felony of the second degree, punishable as provided in s.
323	775.082, s. 775.083, or s. 775.084.
324	(3)  This section does not apply to a public employee or
325	private contractor authorized to clean up or dispose of
326	hazardous waste or toxic substances resulting from the
327	prohibited activities listed in s. 893.13(1)(g).
328	(4)  Any damages arising out of the unlawful possession of,
329	storage of, or tampering with a listed chemical, as defined in
330	s. 893.033, shall be the sole responsibility of the person or
331	persons unlawfully possessing, storing, or tampering with the
332	listed chemical. In no case shall liability for damages arising
333	out of the unlawful possession of, storage of, or tampering with
334	a listed chemical extend to the lawful owner, installer,
335	maintainer, designer, manufacturer, possessor, or seller of the
336	listed chemical, unless such damages arise out of the acts or
337	omissions of the owner, installer, maintainer, designer,
338	manufacturer, possessor, or seller which constitute negligent
339	misconduct or failure to abide by the laws regarding the
340	possession or storage of a listed chemical.
341	Section 5.  Section 893.1495, Florida Statutes, is created
342	to read:
343	893.1495  Retail sale of ephedrine and related compounds.--
344	(1)  No person shall knowingly deliver in any single retail
345	over-the-counter sale any number of packages of any drug
346	containing a sole active ingredient that contains a combined
347	total of more than 9 base grams of ephedrine, pseudoephedrine,
348	phenylpropanolamine, or any of their salts, optical isomers, or
349	salts of optical isomers, or more than three packages in any
350	single retail over-the-counter sale, regardless of weight,
351	containing any such sole active ingredient.
352	(2)  No person shall knowingly display and offer for retail
353	sale packages of any drug having a sole active ingredient of
354	ephedrine, pseudoephedrine, phenylpropanolamine, or any of their
355	salts or optical isomers other than behind a checkout counter
356	where the public is not permitted or other such location that is
357	not otherwise accessible to the general public.
358	(3)  No person who is the owner or primary operator of a
359	retail outlet where ephedrine, pseudoephedrine, or
360	phenylpropanolamine products are available for sale shall
361	knowingly allow an employee to engage in the retail sale of such
362	products unless the employee has completed an employee training
363	program that shall include, at a minimum, basic instruction on
364	state and federal regulations relating to the sale and
365	distribution of such products.
366	(4)  The requirements of this section relating to the
367	marketing, sale, or distribution of ephedrine, pseudoephedrine,
368	or phenylpropanolamine products shall supersede any local
369	ordinance or regulation passed by a county, municipality, or
370	other local governmental authority.
371	(5)  Any individual who violates subsection (1), subsection
372	(2), or subsection (3) commits:
373	(a)  For a first offense, a misdemeanor of the second
374	degree, punishable as provided in s. 775.083.
375	(b)  For a second offense, a misdemeanor of the first
376	degree, punishable as provided in s. 775.082 or s. 775.083.
377	(c)  For a third or subsequent offense, a felony of the
378	third degree, punishable as provided in s. 775.082, s. 775.083,
379	or s. 775.084.
380	Section 6.  For the purpose of incorporating the amendment
381	to section 893.135, Florida Statutes, in a reference thereto,
382	paragraph (c) of subsection (3) of section 311.12, Florida
383	Statutes, is reenacted to read:
384	311.12  Seaport security standards.--
385	(3)
386	(c)  In addition to other requirements for employment or
387	access established by each seaport pursuant to its seaport
388	security plan, each seaport security plan shall provide that:
389	1.  Any person who has within the past 7 years been
390	convicted, regardless of whether adjudication was withheld, for
391	a forcible felony as defined in s. 776.08; an act of terrorism
392	as defined in s. 775.30; planting of a hoax bomb as provided in
393	s. 790.165; any violation involving the manufacture, possession,
394	sale, delivery, display, use, or attempted or threatened use of
395	a weapon of mass destruction or hoax weapon of mass destruction
396	as provided in s. 790.166; dealing in stolen property; any
397	violation of s. 893.135; any violation involving the sale,
398	manufacturing, delivery, or possession with intent to sell,
399	manufacture, or deliver a controlled substance; burglary;
400	robbery; any felony violation of s. 812.014; any violation of s.
401	790.07; any crime an element of which includes use or possession
402	of a firearm; any conviction for any similar offenses under the
403	laws of another jurisdiction; or conviction for conspiracy to
404	commit any of the listed offenses shall not be qualified for
405	initial employment within or regular access to a seaport or
406	restricted access area; and
407	2.  Any person who has at any time been convicted for any
408	of the listed offenses shall not be qualified for initial
409	employment within or authorized regular access to a seaport or
410	restricted access area unless, after release from incarceration
411	and any supervision imposed as a sentence, the person remained
412	free from a subsequent conviction, regardless of whether
413	adjudication was withheld, for any of the listed offenses for a
414	period of at least 7 years prior to the employment or access
415	date under consideration.
416	Section 7.  For the purpose of incorporating the amendment
417	to sections 893.13 and 893.135, Florida Statutes, in references
418	thereto, paragraph (b) of subsection (4) and subsection (6) of
419	section 397.451, Florida Statutes, are reenacted to read:
420	397.451  Background checks of service provider personnel.--
421	(4)  EXEMPTIONS FROM DISQUALIFICATION.--
422	(b)  Since rehabilitated substance abuse impaired persons
423	are effective in the successful treatment and rehabilitation of
424	substance abuse impaired adolescents, for service providers
425	which treat adolescents 13 years of age and older, service
426	provider personnel whose background checks indicate crimes under
427	s. 817.563, s. 893.13, or s. 893.147 may be exempted from
428	disqualification from employment pursuant to this paragraph.
429	(6)  DISQUALIFICATION FROM RECEIVING STATE FUNDS.--State
430	funds may not be disseminated to any service provider owned or
431	operated by an owner, director, or chief financial officer who
432	has been convicted of, has entered a plea of guilty or nolo
433	contendere to, or has had adjudication withheld for, a violation
434	of s. 893.135 pertaining to trafficking in controlled
435	substances, or a violation of the law of another state, the
436	District of Columbia, the United States or any possession or
437	territory thereof, or any foreign jurisdiction which is
438	substantially similar in elements and penalties to a trafficking
439	offense in this state, unless the owner's or director's civil
440	rights have been restored.
441	Section 8.  For the purpose of incorporating the amendment
442	to section 893.135, Florida Statutes, in a reference thereto,
443	subsection (1) of section 414.095, Florida Statutes, is
444	reenacted to read:
445	414.095  Determining eligibility for temporary cash
446	assistance.--
447	(1)  ELIGIBILITY.--An applicant must meet eligibility
448	requirements of this section before receiving services or
449	temporary cash assistance under this chapter, except that an
450	applicant shall be required to register for work and engage in
451	work activities in accordance with s. 445.024, as designated by
452	the regional workforce board, and may receive support services
453	or child care assistance in conjunction with such requirement.
454	The department shall make a determination of eligibility based
455	on the criteria listed in this chapter. The department shall
456	monitor continued eligibility for temporary cash assistance
457	through periodic reviews consistent with the food stamp
458	eligibility process. Benefits shall not be denied to an
459	individual solely based on a felony drug conviction, unless the
460	conviction is for trafficking pursuant to s. 893.135. To be
461	eligible under this section, an individual convicted of a drug
462	felony must be satisfactorily meeting the requirements of the
463	temporary cash assistance program, including all substance abuse
464	treatment requirements. Within the limits specified in this
465	chapter, the state opts out of the provision of Pub. L. No. 104-
466	193, s. 115, that eliminates eligibility for temporary cash
467	assistance and food stamps for any individual convicted of a
468	controlled substance felony.
469	Section 9.  For the purpose of incorporating the amendment
470	to section 893.13, Florida Statutes, in a reference thereto,
471	subsection (2) of section 435.07, Florida Statutes, is reenacted
472	to read:
473	435.07  Exemptions from disqualification.--Unless otherwise
474	provided by law, the provisions of this section shall apply to
475	exemptions from disqualification.
476	(2)  Persons employed by treatment providers who treat
477	adolescents 13 years of age and older who are disqualified from
478	employment solely because of crimes under s. 817.563, s. 893.13,
479	or s. 893.147 may be exempted from disqualification from
480	employment pursuant to this section without the 3-year waiting
481	period.
482	Section 10.  For the purpose of incorporating the amendment
483	to sections 893.13 and 893.135, Florida Statutes, in references
484	thereto, paragraph (a) of subsection (2) of section 772.12,
485	Florida Statutes, is reenacted to read:
486	772.12  Drug Dealer Liability Act.--
487	(2)  A person, including any governmental entity, has a
488	cause of action for threefold the actual damages sustained and
489	is entitled to minimum damages in the amount of $1,000 and
490	reasonable attorney's fees and court costs in the trial and
491	appellate courts, if the person proves by the greater weight of
492	the evidence that:
493	(a)  The person was injured because of the defendant's
494	actions that resulted in the defendant's conviction for:
495	1.  A violation of s. 893.13, except for a violation of s.
496	893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
497	2.  A violation of s. 893.135; and
498	Section 11.  For the purpose of incorporating the amendment
499	to section 893.135, Florida Statutes, in a reference thereto,
500	paragraph (a) of subsection (2) and paragraph (a) of subsection
501	(3) and of section 775.087, Florida Statutes, are reenacted to
502	read:
503	775.087  Possession or use of weapon; aggravated battery;
504	felony reclassification; minimum sentence.--
505	(2)(a)1.  Any person who is convicted of a felony or an
506	attempt to commit a felony, regardless of whether the use of a
507	weapon is an element of the felony, and the conviction was for:
508	a.  Murder;
509	b.  Sexual battery;
510	c.  Robbery;
511	d.  Burglary;
512	e.  Arson;
513	f.  Aggravated assault;
514	g.  Aggravated battery;
515	h.  Kidnapping;
516	i.  Escape;
517	j.  Aircraft piracy;
518	k.  Aggravated child abuse;
519	l.  Aggravated abuse of an elderly person or disabled
520	adult;
521	m.  Unlawful throwing, placing, or discharging of a
522	destructive device or bomb;
523	n.  Carjacking;
524	o.  Home-invasion robbery;
525	p.  Aggravated stalking;
526	q.  Trafficking in cannabis, trafficking in cocaine,
527	capital importation of cocaine, trafficking in illegal drugs,
528	capital importation of illegal drugs, trafficking in
529	phencyclidine, capital importation of phencyclidine, trafficking
530	in methaqualone, capital importation of methaqualone,
531	trafficking in amphetamine, capital importation of amphetamine,
532	trafficking in flunitrazepam, trafficking in gamma-
533	hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
534	trafficking in Phenethylamines, or other violation of s.
535	893.135(1); or
536	r.  Possession of a firearm by a felon
537
538	and during the commission of the offense, such person actually
539	possessed a "firearm" or "destructive device" as those terms are
540	defined in s. 790.001, shall be sentenced to a minimum term of
541	imprisonment of 10 years, except that a person who is convicted
542	for aggravated assault, possession of a firearm by a felon, or
543	burglary of a conveyance shall be sentenced to a minimum term of
544	imprisonment of 3 years if such person possessed a "firearm" or
545	"destructive device" during the commission of the offense.
546	2.  Any person who is convicted of a felony or an attempt
547	to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
548	regardless of whether the use of a weapon is an element of the
549	felony, and during the course of the commission of the felony
550	such person discharged a "firearm" or "destructive device" as
551	defined in s. 790.001 shall be sentenced to a minimum term of
552	imprisonment of 20 years.
553	3.  Any person who is convicted of a felony or an attempt
554	to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
555	regardless of whether the use of a weapon is an element of the
556	felony, and during the course of the commission of the felony
557	such person discharged a "firearm" or "destructive device" as
558	defined in s. 790.001 and, as the result of the discharge, death
559	or great bodily harm was inflicted upon any person, the
560	convicted person shall be sentenced to a minimum term of
561	imprisonment of not less than 25 years and not more than a term
562	of imprisonment of life in prison.
563	(3)(a)1.  Any person who is convicted of a felony or an
564	attempt to commit a felony, regardless of whether the use of a
565	firearm is an element of the felony, and the conviction was for:
566	a.  Murder;
567	b.  Sexual battery;
568	c.  Robbery;
569	d.  Burglary;
570	e.  Arson;
571	f.  Aggravated assault;
572	g.  Aggravated battery;
573	h.  Kidnapping;
574	i.  Escape;
575	j.  Sale, manufacture, delivery, or intent to sell,
576	manufacture, or deliver any controlled substance;
577	k.  Aircraft piracy;
578	l.  Aggravated child abuse;
579	m.  Aggravated abuse of an elderly person or disabled
580	adult;
581	n.  Unlawful throwing, placing, or discharging of a
582	destructive device or bomb;
583	o.  Carjacking;
584	p.  Home-invasion robbery;
585	q.  Aggravated stalking; or
586	r.  Trafficking in cannabis, trafficking in cocaine,
587	capital importation of cocaine, trafficking in illegal drugs,
588	capital importation of illegal drugs, trafficking in
589	phencyclidine, capital importation of phencyclidine, trafficking
590	in methaqualone, capital importation of methaqualone,
591	trafficking in amphetamine, capital importation of amphetamine,
592	trafficking in flunitrazepam, trafficking in gamma-
593	hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
594	trafficking in Phenethylamines, or other violation of s.
595	893.135(1);
596
597	and during the commission of the offense, such person possessed
598	a semiautomatic firearm and its high-capacity detachable box
599	magazine or a machine gun as defined in s. 790.001, shall be
600	sentenced to a minimum term of imprisonment of 15 years.
601	2.  Any person who is convicted of a felony or an attempt
602	to commit a felony listed in subparagraph (a)1., regardless of
603	whether the use of a weapon is an element of the felony, and
604	during the course of the commission of the felony such person
605	discharged a semiautomatic firearm and its high-capacity box
606	magazine or a "machine gun" as defined in s. 790.001 shall be
607	sentenced to a minimum term of imprisonment of 20 years.
608	3.  Any person who is convicted of a felony or an attempt
609	to commit a felony listed in subparagraph (a)1., regardless of
610	whether the use of a weapon is an element of the felony, and
611	during the course of the commission of the felony such person
612	discharged a semiautomatic firearm and its high-capacity box
613	magazine or a "machine gun" as defined in s. 790.001 and, as the
614	result of the discharge, death or great bodily harm was
615	inflicted upon any person, the convicted person shall be
616	sentenced to a minimum term of imprisonment of not less than 25
617	years and not more than a term of imprisonment of life in
618	prison.
619	Section 12.  For the purpose of incorporating the amendment
620	to section 893.135, Florida Statutes, in references thereto,
621	paragraph (a) of subsection (1), paragraph (a) of subsection
622	(3), and paragraph (a) of subsection (4) of section 782.04,
623	Florida Statutes, are reenacted to read:
624	782.04  Murder.--
625	(1)(a)  The unlawful killing of a human being:
626	1.  When perpetrated from a premeditated design to effect
627	the death of the person killed or any human being;
628	2.  When committed by a person engaged in the perpetration
629	of, or in the attempt to perpetrate, any:
630	a.  Trafficking offense prohibited by s. 893.135(1),
631	b.  Arson,
632	c.  Sexual battery,
633	d.  Robbery,
634	e.  Burglary,
635	f.  Kidnapping,
636	g.  Escape,
637	h.  Aggravated child abuse,
638	i.  Aggravated abuse of an elderly person or disabled
639	adult,
640	j.  Aircraft piracy,
641	k.  Unlawful throwing, placing, or discharging of a
642	destructive device or bomb,
643	l.  Carjacking,
644	m.  Home-invasion robbery,
645	n.  Aggravated stalking,
646	o.  Murder of another human being,
647	p.  Resisting an officer with violence to his or her
648	person,
649	q.  Felony that is an act of terrorism or is in furtherance
650	of an act of terrorism; or
651	3.  Which resulted from the unlawful distribution of any
652	substance controlled under s. 893.03(1), cocaine as described in
653	s. 893.03(2)(a)4., or opium or any synthetic or natural salt,
654	compound, derivative, or preparation of opium by a person 18
655	years of age or older, when such drug is proven to be the
656	proximate cause of the death of the user,
657
658	is murder in the first degree and constitutes a capital felony,
659	punishable as provided in s. 775.082.
660	(3)  When a person is killed in the perpetration of, or in
661	the attempt to perpetrate, any:
662	(a)  Trafficking offense prohibited by s. 893.135(1),
663
664	by a person other than the person engaged in the perpetration of
665	or in the attempt to perpetrate such felony, the person
666	perpetrating or attempting to perpetrate such felony is guilty
667	of murder in the second degree, which constitutes a felony of
668	the first degree, punishable by imprisonment for a term of years
669	not exceeding life or as provided in s. 775.082, s. 775.083, or
670	s. 775.084.
671	(4)  The unlawful killing of a human being, when
672	perpetrated without any design to effect death, by a person
673	engaged in the perpetration of, or in the attempt to perpetrate,
674	any felony other than any:
675	(a)  Trafficking offense prohibited by s. 893.135(1),
676
677	is murder in the third degree and constitutes a felony of the
678	second degree, punishable as provided in s. 775.082, s. 775.083,
679	or s. 775.084.
680	Section 13.  For the purpose of incorporating the amendment
681	to section 893.033, Florida Statutes, in a reference thereto,
682	subsection (12) of section 893.02, Florida Statutes, is
683	reenacted to read:
684	893.02  Definitions.--The following words and phrases as
685	used in this chapter shall have the following meanings, unless
686	the context otherwise requires:
687	(12)  "Listed chemical" means any precursor chemical or
688	essential chemical named or described in s. 893.033.
689	Section 14.  For the purpose of incorporating the amendment
690	to sections 893.13 and 893.135, Florida Statutes, in references
691	thereto, subsection (1) of section 893.1351, Florida Statutes,
692	is reenacted to read:
693	893.1351  Lease or rent for the purpose of trafficking in a
694	controlled substance.--
695	(1)  A person may not lease or rent any place, structure,
696	or part thereof, trailer, or other conveyance, with the
697	knowledge that such place, structure, trailer, or conveyance
698	will be used for the purpose of trafficking in a controlled
699	substance, as provided in s. 893.135, or the sale of a
700	controlled substance, as provided in s. 893.13.
701	Section 15.  For the purpose of incorporating the amendment
702	to sections 893.13 and 893.135, Florida Statutes, in references
703	thereto, section 903.133, Florida Statutes, is reenacted to
704	read:
705	903.133  Bail on appeal; prohibited for certain felony
706	convictions.--Notwithstanding the provisions of s. 903.132, no
707	person adjudged guilty of a felony of the first degree for a
708	violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
709	806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
710	violation of s. 794.011(2) or (3), shall be admitted to bail
711	pending review either by posttrial motion or appeal.
712	Section 16.  For the purpose of incorporating the amendment
713	to section 893.135, Florida Statutes, in a reference thereto,
714	paragraph (c) of subsection (4) of section 907.041, Florida
715	Statutes, is reenacted to read:
716	907.041  Pretrial detention and release.--
717	(4)  PRETRIAL DETENTION.--
718	(c)  The court may order pretrial detention if it finds a
719	substantial probability, based on a defendant's past and present
720	patterns of behavior, the criteria in s. 903.046, and any other
721	relevant facts, that any of the following circumstances exists:
722	1.  The defendant has previously violated conditions of
723	release and that no further conditions of release are reasonably
724	likely to assure the defendant's appearance at subsequent
725	proceedings;
726	2.  The defendant, with the intent to obstruct the judicial
727	process, has threatened, intimidated, or injured any victim,
728	potential witness, juror, or judicial officer, or has attempted
729	or conspired to do so, and that no condition of release will
730	reasonably prevent the obstruction of the judicial process;
731	3.  The defendant is charged with trafficking in controlled
732	substances as defined by s. 893.135, that there is a substantial
733	probability that the defendant has committed the offense, and
734	that no conditions of release will reasonably assure the
735	defendant's appearance at subsequent criminal proceedings; or
736	4.  The defendant is charged with DUI manslaughter, as
737	defined by s. 316.193, and that there is a substantial
738	probability that the defendant committed the crime and that the
739	defendant poses a threat of harm to the community; conditions
740	that would support a finding by the court pursuant to this
741	subparagraph that the defendant poses a threat of harm to the
742	community include, but are not limited to, any of the following:
743	a.  The defendant has previously been convicted of any
744	crime under s. 316.193, or of any crime in any other state or
745	territory of the United States that is substantially similar to
746	any crime under s. 316.193;
747	b.  The defendant was driving with a suspended driver's
748	license when the charged crime was committed; or
749	c.  The defendant has previously been found guilty of, or
750	has had adjudication of guilt withheld for, driving while the
751	defendant's driver's license was suspended or revoked in
752	violation of s. 322.34;
753	5.  The defendant poses the threat of harm to the
754	community. The court may so conclude, if it finds that the
755	defendant is presently charged with a dangerous crime, that
756	there is a substantial probability that the defendant committed
757	such crime, that the factual circumstances of the crime indicate
758	a disregard for the safety of the community, and that there are
759	no conditions of release reasonably sufficient to protect the
760	community from the risk of physical harm to persons.
761	6.  The defendant was on probation, parole, or other
762	release pending completion of sentence or on pretrial release
763	for a dangerous crime at the time the current offense was
764	committed; or
765	7.  The defendant has violated one or more conditions of
766	pretrial release or bond for the offense currently before the
767	court and the violation, in the discretion of the court,
768	supports a finding that no conditions of release can reasonably
769	protect the community from risk of physical harm to persons or
770	assure the presence of the accused at trial.
771	Section 17.  For the purpose of incorporating the amendment
772	to section 893.135, Florida Statutes, in a reference thereto,
773	paragraphs (g), (h), and (i) of subsection (3) of section
774	921.0022, Florida Statutes, are reenacted to read:
775	921.0022  Criminal Punishment Code; offense severity
776	ranking chart.--
777	(3)  OFFENSE SEVERITY RANKING CHART
778
	FloridaStatute FelonyDegree Description
779
	(g)  LEVEL 7
780
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
781
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
782
	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.
783
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
784
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
785
	409.920(2) 3rd Medicaid provider fraud.
786
	456.065(2) 3rd Practicing a health care profession without a license.
787
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
788
	458.327(1) 3rd Practicing medicine without a license.
789
	459.013(1) 3rd Practicing osteopathic medicine without a license.
790
	460.411(1) 3rd Practicing chiropractic medicine without a license.
791
	461.012(1) 3rd Practicing podiatric medicine without a license.
792
	462.17 3rd Practicing naturopathy without a license.
793
	463.015(1) 3rd Practicing optometry without a license.
794
	464.016(1) 3rd Practicing nursing without a license.
795
	465.015(2) 3rd Practicing pharmacy without a license.
796
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
797
	467.201 3rd Practicing midwifery without a license.
798
	468.366 3rd Delivering respiratory care services without a license.
799
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
800
	483.901(9) 3rd Practicing medical physics without a license.
801
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
802
	484.053 3rd Dispensing hearing aids without a license.
803
	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.
804
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
805
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
806
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
807
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
808
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
809
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
810
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
811
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
812
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
813
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
814
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
815
	784.048(7) 3rd Aggravated stalking; violation of court order.
816
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
817
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
818
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
819
	784.081(1) 1st Aggravated battery on specified official or employee.
820
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
821
	784.083(1) 1st Aggravated battery on code inspector.
822
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
823
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
824
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
825
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
826
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
827
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
828
	796.03 2nd Procuring any person under 16 years for prostitution.
829
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
830
	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.
831
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
832
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
833
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
834
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
835
	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.
836
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
837
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
838
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
839
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
840
	812.131(2)(a) 2nd Robbery by sudden snatching.
841
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
842
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
843
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
844
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
845
	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.
846
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
847
	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.
848
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
849
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
850
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
851
	838.015 2nd Bribery.
852
	838.016 2nd Unlawful compensation or reward for official behavior.
853
	838.021(3)(a) 2nd Unlawful harm to a public servant.
854
	838.22 2nd Bid tampering.
855
	872.06 2nd Abuse of a dead human body.
856
	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.
857
	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.
858
	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).
859
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
860
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
861
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
862
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
863
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
864
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
865
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
866
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
867
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
868
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
869
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
870
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
871
	(h)  LEVEL 8
872
	316.193(3)(c)3.a. 2nd DUI manslaughter.
873
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
874
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
875
	499.0051(7) 1st Forgery of prescription or legend drug labels.
876
	499.0052 1st Trafficking in contraband legend drugs.
877
	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.
878
	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.
879
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
880
	777.03(2)(a) 1st Accessory after the fact, capital felony.
881
	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.
882
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
883
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
884
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
885
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
886
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
887
	800.04(4) 2nd Lewd or lascivious battery.
888
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
889
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
890
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
891
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
892
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
893
	812.13(2)(b) 1st Robbery with a weapon.
894
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
895
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
896
	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
897
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
898
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
899
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
900
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
901
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
902
	860.16 1st Aircraft piracy.
903
	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).
904
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
905
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
906
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
907
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
908
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
909
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
910
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
911
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
912
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
913
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
914
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
915
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
916
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
917
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
918
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
919
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
920
	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.
921
	(i)  LEVEL 9
922
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
923
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
924
	499.0053 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
925
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
926
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
927
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
928
	775.0844 1st Aggravated white collar crime.
929
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
930
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
931
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
932
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
933
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
934
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
935
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
936
	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.
937
	790.161 1st Attempted capital destructive device offense.
938
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
939
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
940
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
941
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
942
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
943
	800.04(5)(b) 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
944
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
945
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
946
	812.135(2)(b) 1st Home-invasion robbery with weapon.
947
	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.
948
	827.03(2) 1st Aggravated child abuse.
949
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
950
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
951
	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.
952
	893.135 1st Attempted capital trafficking offense.
953
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
954
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
955
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
956
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
957
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
958
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
959
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
960
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
961
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
962
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
963
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
964
965	Section 18.  For the purpose of incorporating the amendment
966	to section 893.135, Florida Statutes, in a reference thereto,
967	subsection (1) of section 921.0024, Florida Statutes, is
968	reenacted to read:
969	921.0024  Criminal Punishment Code; worksheet computations;
970	scoresheets.--
971	(1)(a)  The Criminal Punishment Code worksheet is used to
972	compute the subtotal and total sentence points as follows:
973
974	FLORIDA CRIMINAL PUNISHMENT CODE
975	WORKSHEET
976
977	OFFENSE SCORE
978
979
980	Primary Offense
981
	Level Sentence Points Total
982
	10 116 = _____
983
	9 92 = _____
984
	8 74 = _____
985
	7 56 = _____
986
	6 36 = _____
987
	5 28 = _____
988
	4 22 = _____
989
	3 16 = _____
990
	2 10 = _____
991
	1 4 = _____
992
	Total ______
993
994	Additional Offenses
995
	Level Sentence Points Counts Total
996
	10 58 x _____ = _____
997
	9 46 x _____ = _____
998
	8 37 x _____ = _____
999
	7 28 x _____ = _____
1000
	6 18 x _____ = _____
1001
	5 5.4 x _____ = _____
1002
	4 3.6 x _____ = _____
1003
	3 2.4 x _____ = _____
1004
	2 1.2 x _____ = _____
1005
	1 0.7 x _____ = _____
1006
	M 0.2 x _____ = _____
1007
	Total _____
1008
1009	Victim Injury
	Victim InjuryLevel Sentence Points Number Total
1010
1011
	2nd degree  murder-  death 240 x _____ = _____
1012
	Death 120 x _____ = _____
1013
	Severe 40 x _____ = _____
1014
	Moderate 18 x _____ = _____
1015
	Slight 4 x _____ = _____
1016
	Sexual  penetration 80 x _____ = _____
1017
	Sexual contact 40 x _____ = _____
1018
	Total _____
1019
1020	Primary Offense + Additional Offenses + Victim Injury =
1021	TOTAL OFFENSE SCORE
1022
1023	PRIOR RECORD SCORE
1024
1025	Prior Record
	Prior RecordLevel Sentence Points Number Total
1026
1027
	10 29 x _____ = _____
1028
	9 23 x _____ = _____
1029
	8 19 x _____ = _____
1030
	7 14 x _____ = _____
1031
	6 9 x _____ = _____
1032
	5 3.6 x _____ = _____
1033
	4 2.4 x _____ = _____
1034
	3 1.6 x _____ = _____
1035
	2 0.8 x _____ = _____
1036
	1 0.5 x _____ = _____
1037
	M 0.2 x _____ = _____
1038
	Total _____
1039
1040
1041	TOTAL OFFENSE SCORE________________________________
1042	TOTAL PRIOR RECORD SCORE___________________________
1043
1044	LEGAL STATUS_______________________________________
1045	COMMUNITY SANCTION VIOLATION_______________________
1046	PRIOR SERIOUS FELONY_______________________________
1047	PRIOR CAPITAL FELONY_______________________________
1048	FIREARM OR SEMIAUTOMATIC WEAPON____________________
1049	SUBTOTAL_____________
1050
1051	PRISON RELEASEE REOFFENDER (no)(yes)_______________
1052	VIOLENT CAREER CRIMINAL (no)(yes)__________________
1053	HABITUAL VIOLENT OFFENDER (no)(yes)________________
1054	HABITUAL OFFENDER (no)(yes)________________________
1055	DRUG TRAFFICKER (no)(yes) (x multiplier)___________
1056	LAW ENF. PROTECT. (no)(yes) (x multiplier)_________
1057	MOTOR VEHICLE THEFT (no)(yes) (x multiplier)_______
1058	CRIMINAL STREET GANG OFFENSE (no)(yes) (x multiplier)
1059	____________________________________________________
1060	DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD
1061	(no)(yes) (x
1062	multiplier)___________________________________________
1063
1064	TOTAL SENTENCE POINTS___________
1065
1066	(b)  WORKSHEET KEY:
1067
1068	Legal status points are assessed when any form of legal status
1069	existed at the time the offender committed an offense before the
1070	court for sentencing. Four (4) sentence points are assessed for
1071	an offender's legal status.
1072
1073	Community sanction violation points are assessed when a
1074	community sanction violation is before the court for sentencing.
1075	Six (6) sentence points are assessed for each community sanction
1076	violation, and each successive community sanction violation;
1077	however, if the community sanction violation includes a new
1078	felony conviction before the sentencing court, twelve (12)
1079	community sanction violation points are assessed for such
1080	violation, and for each successive community sanction violation
1081	involving a new felony conviction. Multiple counts of community
1082	sanction violations before the sentencing court shall not be a
1083	basis for multiplying the assessment of community sanction
1084	violation points.
1085
1086	Prior serious felony points: If the offender has a primary
1087	offense or any additional offense ranked in level 8, level 9, or
1088	level 10, and one or more prior serious felonies, a single
1089	assessment of 30 points shall be added. For purposes of this
1090	section, a prior serious felony is an offense in the offender's
1091	prior record that is ranked in level 8, level 9, or level 10
1092	under s. 921.0022 or s. 921.0023 and for which the offender is
1093	serving a sentence of confinement, supervision, or other
1094	sanction or for which the offender's date of release from
1095	confinement, supervision, or other sanction, whichever is later,
1096	is within 3 years before the date the primary offense or any
1097	additional offense was committed.
1098
1099	Prior capital felony points: If the offender has one or more
1100	prior capital felonies in the offender's criminal record, points
1101	shall be added to the subtotal sentence points of the offender
1102	equal to twice the number of points the offender receives for
1103	the primary offense and any additional offense. A prior capital
1104	felony in the offender's criminal record is a previous capital
1105	felony offense for which the offender has entered a plea of nolo
1106	contendere or guilty or has been found guilty; or a felony in
1107	another jurisdiction which is a capital felony in that
1108	jurisdiction, or would be a capital felony if the offense were
1109	committed in this state.
1110
1111	Possession of a firearm, semiautomatic firearm, or machine gun:
1112	If the offender is convicted of committing or attempting to
1113	commit any felony other than those enumerated in s. 775.087(2)
1114	while having in his or her possession: a firearm as defined in
1115	s. 790.001(6), an additional 18 sentence points are assessed; or
1116	if the offender is convicted of committing or attempting to
1117	commit any felony other than those enumerated in s. 775.087(3)
1118	while having in his or her possession a semiautomatic firearm as
1119	defined in s. 775.087(3) or a machine gun as defined in s.
1120	790.001(9), an additional 25 sentence points are assessed.
1121
1122	Sentencing multipliers:
1123
1124	Drug trafficking: If the primary offense is drug trafficking
1125	under s. 893.135, the subtotal sentence points are multiplied,
1126	at the discretion of the court, for a level 7 or level 8
1127	offense, by 1.5. The state attorney may move the sentencing
1128	court to reduce or suspend the sentence of a person convicted of
1129	a level 7 or level 8 offense, if the offender provides
1130	substantial assistance as described in s. 893.135(4).
1131
1132	Law enforcement protection: If the primary offense is a
1133	violation of the Law Enforcement Protection Act under s.
1134	775.0823(2), the subtotal sentence points are multiplied by 2.5.
1135	If the primary offense is a violation of s. 775.0823(3), (4),
1136	(5), (6), (7), or (8), the subtotal sentence points are
1137	multiplied by 2.0. If the primary offense is a violation of s.
1138	784.07(3) or s. 775.0875(1), or of the Law Enforcement
1139	Protection Act under s. 775.0823(9) or (10), the subtotal
1140	sentence points are multiplied by 1.5.
1141
1142	Grand theft of a motor vehicle: If the primary offense is grand
1143	theft of the third degree involving a motor vehicle and in the
1144	offender's prior record, there are three or more grand thefts of
1145	the third degree involving a motor vehicle, the subtotal
1146	sentence points are multiplied by 1.5.
1147
1148	Offense related to a criminal street gang: If the offender is
1149	convicted of the primary offense and committed that offense for
1150	the purpose of benefiting, promoting, or furthering the
1151	interests of a criminal street gang as prohibited under s.
1152	874.04, the subtotal sentence points are multiplied by 1.5.
1153
1154	Domestic violence in the presence of a child: If the offender is
1155	convicted of the primary offense and the primary offense is a
1156	crime of domestic violence, as defined in s. 741.28, which was
1157	committed in the presence of a child under 16 years of age who
1158	is a family or household member as defined in s. 741.28(3) with
1159	the victim or perpetrator, the subtotal sentence points are
1160	multiplied by 1.5.
1161	Section 19.  For the purpose of incorporating the amendment
1162	to section 893.135, Florida Statutes, in a reference thereto,
1163	subsection (2) of section 921.142, Florida Statutes, is
1164	reenacted to read:
1165	921.142  Sentence of death or life imprisonment for capital
1166	drug trafficking felonies; further proceedings to determine
1167	sentence.--
1168	(2)  SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--Upon
1169	conviction or adjudication of guilt of a defendant of a capital
1170	felony under s. 893.135, the court shall conduct a separate
1171	sentencing proceeding to determine whether the defendant should
1172	be sentenced to death or life imprisonment as authorized by s.
1173	775.082. The proceeding shall be conducted by the trial judge
1174	before the trial jury as soon as practicable. If, through
1175	impossibility or inability, the trial jury is unable to
1176	reconvene for a hearing on the issue of penalty, having
1177	determined the guilt of the accused, the trial judge may summon
1178	a special juror or jurors as provided in chapter 913 to
1179	determine the issue of the imposition of the penalty. If the
1180	trial jury has been waived, or if the defendant pleaded guilty,
1181	the sentencing proceeding shall be conducted before a jury
1182	impaneled for that purpose, unless waived by the defendant. In
1183	the proceeding, evidence may be presented as to any matter that
1184	the court deems relevant to the nature of the crime and the
1185	character of the defendant and shall include matters relating to
1186	any of the aggravating or mitigating circumstances enumerated in
1187	subsections (6) and (7). Any such evidence which the court deems
1188	to have probative value may be received, regardless of its
1189	admissibility under the exclusionary rules of evidence, provided
1190	the defendant is accorded a fair opportunity to rebut any
1191	hearsay statements. However, this subsection shall not be
1192	construed to authorize the introduction of any evidence secured
1193	in violation of the Constitution of the United States or the
1194	Constitution of the State of Florida. The state and the
1195	defendant or the defendant's counsel shall be permitted to
1196	present argument for or against sentence of death.
1197	Section 20.  For the purpose of incorporating the amendment
1198	to section 893.13, Florida Statutes, in a reference thereto,
1199	subsection (1) of section 921.187, Florida Statutes, is
1200	reenacted to read:
1201	921.187  Disposition and sentencing; alternatives;
1202	restitution.--
1203	(1)  The alternatives provided in this section for the
1204	disposition of criminal cases shall be used in a manner that
1205	will best serve the needs of society, punish criminal offenders,
1206	and provide the opportunity for rehabilitation.
1207	(a)  If the offender does not receive a state prison
1208	sentence, the court may:
1209	1.  Impose a split sentence whereby the offender is to be
1210	placed on probation upon completion of any specified period of
1211	such sentence, which period may include a term of years or less.
1212	2.  Make any other disposition that is authorized by law.
1213	3.  Place the offender on probation with or without an
1214	adjudication of guilt pursuant to s. 948.01.
1215	4.  Impose a fine and probation pursuant to s. 948.011 when
1216	the offense is punishable by both a fine and imprisonment and
1217	probation is authorized.
1218	5.  Place the offender into community control requiring
1219	intensive supervision and surveillance pursuant to chapter 948.
1220	6.  Impose, as a condition of probation or community
1221	control, a period of treatment which shall be restricted to a
1222	county facility, a Department of Corrections probation and
1223	restitution center, a probation program drug punishment
1224	treatment community, or a community residential or
1225	nonresidential facility, excluding a community correctional
1226	center as defined in s. 944.026, which is owned and operated by
1227	any qualified public or private entity providing such services.
1228	Before admission to such a facility, the court shall obtain an
1229	individual assessment and recommendations on the appropriate
1230	treatment needs, which shall be considered by the court in
1231	ordering such placements. Placement in such a facility, except
1232	for a county residential probation facility, may not exceed 364
1233	days. Placement in a county residential probation facility may
1234	not exceed 3 years. Early termination of placement may be
1235	recommended to the court, when appropriate, by the center
1236	supervisor, the supervising probation officer, or the probation
1237	program manager.
1238	7.  Sentence the offender pursuant to s. 922.051 to
1239	imprisonment in a county jail when a statute directs
1240	imprisonment in a state prison, if the offender's cumulative
1241	sentence, whether from the same circuit or from separate
1242	circuits, is not more than 364 days.
1243	8.  Sentence the offender who is to be punished by
1244	imprisonment in a county jail to a jail in another county if
1245	there is no jail within the county suitable for such prisoner
1246	pursuant to s. 950.01.
1247	9.  Require the offender to participate in a work-release
1248	or educational or technical training program pursuant to s.
1249	951.24 while serving a sentence in a county jail, if such a
1250	program is available.
1251	10.  Require the offender to perform a specified public
1252	service pursuant to s. 775.091.
1253	11.  Require the offender who violates chapter 893 or
1254	violates any law while under the influence of a controlled
1255	substance or alcohol to participate in a substance abuse
1256	program.
1257	12.a.  Require the offender who violates any criminal
1258	provision of chapter 893 to pay an additional assessment in an
1259	amount up to the amount of any fine imposed, pursuant to ss.
1260	938.21 and 938.23.
1261	b.  Require the offender who violates any provision of s.
1262	893.13 to pay an additional assessment in an amount of $100,
1263	pursuant to ss. 938.25 and 943.361.
1264	13.  Impose a split sentence whereby the offender is to be
1265	placed in a county jail or county work camp upon the completion
1266	of any specified term of community supervision.
1267	14.  Impose split probation whereby upon satisfactory
1268	completion of half the term of probation, the Department of
1269	Corrections may place the offender on administrative probation
1270	pursuant to s. 948.013 for the remainder of the term of
1271	supervision.
1272	15.  Require residence in a state probation and restitution
1273	center or private drug treatment program for offenders on
1274	community control or offenders who have violated conditions of
1275	probation.
1276	16.  Impose any other sanction which is provided within the
1277	community and approved as an intermediate sanction by the county
1278	public safety coordinating council as described in s. 951.26.
1279	17.  Impose, as a condition of community control,
1280	probation, or probation following incarceration, a requirement
1281	that an offender who has not obtained a high school diploma or
1282	high school equivalency diploma or who lacks basic or functional
1283	literacy skills, upon acceptance by an adult education program,
1284	make a good faith effort toward completion of such basic or
1285	functional literacy skills or high school equivalency diploma,
1286	as defined in s. 1003.435, in accordance with the assessed adult
1287	general education needs of the individual offender.
1288	(b)1.  Notwithstanding any provision of former s. 921.001
1289	or s. 921.002 to the contrary, on or after October 1, 1993, the
1290	court may require any defendant who violates s. 893.13(1)(a)1.,
1291	(1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and meets the criteria
1292	described in s. 893.13(10), to successfully complete a term of
1293	probation pursuant to the terms and conditions set forth in s.
1294	948.034(1), in lieu of serving a term of imprisonment.
1295	2.  Notwithstanding any provision of former s. 921.001 or
1296	s. 921.002 to the contrary, on or after October 1, 1993, the
1297	court may require any defendant who violates s. 893.13(1)(a)2.,
1298	(2)(a)2., (5)(b), or (6)(a), and meets the criteria described in
1299	s. 893.13(11), to successfully complete a term of probation
1300	pursuant to the terms and conditions set forth in s. 948.034(2),
1301	in lieu of serving a term of imprisonment.
1302	Section 21.  For the purpose of incorporating the amendment
1303	to section 893.13, Florida Statutes, in a reference thereto,
1304	section 938.25, Florida Statutes, is reenacted to read:
1305	938.25  Operating Trust Fund of the Department of Law
1306	Enforcement.--Notwithstanding any provision to the contrary of
1307	the laws of this state, the court may assess any defendant who
1308	pleads guilty or nolo contendere to, or is convicted of, a
1309	violation of any provision of s. 893.13, without regard to
1310	whether adjudication was withheld, in addition to any fine and
1311	other penalty provided or authorized by law, an amount of $100,
1312	to be paid to the clerk of the court, who shall forward it to
1313	the Department of Revenue for deposit in the Operating Trust
1314	Fund of the Department of Law Enforcement to be used by the
1315	statewide criminal analysis laboratory system for the purposes
1316	specified in s. 943.361. The court is authorized to order a
1317	defendant to pay an additional assessment if it finds that the
1318	defendant has the ability to pay the fine and the additional
1319	assessment and will not be prevented thereby from being
1320	rehabilitated or from making restitution.
1321	Section 22.  For the purpose of incorporating the amendment
1322	to section 893.135, Florida Statutes, in references thereto,
1323	section 943.0585, Florida Statutes, is reenacted to read:
1324	943.0585  Court-ordered expunction of criminal history
1325	records.--The courts of this state have jurisdiction over their
1326	own procedures, including the maintenance, expunction, and
1327	correction of judicial records containing criminal history
1328	information to the extent such procedures are not inconsistent
1329	with the conditions, responsibilities, and duties established by
1330	this section. Any court of competent jurisdiction may order a
1331	criminal justice agency to expunge the criminal history record
1332	of a minor or an adult who complies with the requirements of
1333	this section. The court shall not order a criminal justice
1334	agency to expunge a criminal history record until the person
1335	seeking to expunge a criminal history record has applied for and
1336	received a certificate of eligibility for expunction pursuant to
1337	subsection (2). A criminal history record that relates to a
1338	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
1339	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
1340	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
1341	s. 916.1075, or a violation enumerated in s. 907.041 may not be
1342	expunged, without regard to whether adjudication was withheld,
1343	if the defendant was found guilty of or pled guilty or nolo
1344	contendere to the offense, or if the defendant, as a minor, was
1345	found to have committed, or pled guilty or nolo contendere to
1346	committing, the offense as a delinquent act. The court may only
1347	order expunction of a criminal history record pertaining to one
1348	arrest or one incident of alleged criminal activity, except as
1349	provided in this section. The court may, at its sole discretion,
1350	order the expunction of a criminal history record pertaining to
1351	more than one arrest if the additional arrests directly relate
1352	to the original arrest. If the court intends to order the
1353	expunction of records pertaining to such additional arrests,
1354	such intent must be specified in the order. A criminal justice
1355	agency may not expunge any record pertaining to such additional
1356	arrests if the order to expunge does not articulate the
1357	intention of the court to expunge a record pertaining to more
1358	than one arrest. This section does not prevent the court from
1359	ordering the expunction of only a portion of a criminal history
1360	record pertaining to one arrest or one incident of alleged
1361	criminal activity. Notwithstanding any law to the contrary, a
1362	criminal justice agency may comply with laws, court orders, and
1363	official requests of other jurisdictions relating to expunction,
1364	correction, or confidential handling of criminal history records
1365	or information derived therefrom. This section does not confer
1366	any right to the expunction of any criminal history record, and
1367	any request for expunction of a criminal history record may be
1368	denied at the sole discretion of the court.
1369	(1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
1370	petition to a court to expunge a criminal history record is
1371	complete only when accompanied by:
1372	(a)  A certificate of eligibility for expunction issued by
1373	the department pursuant to subsection (2).
1374	(b)  The petitioner's sworn statement attesting that the
1375	petitioner:
1376	1.  Has never, prior to the date on which the petition is
1377	filed, been adjudicated guilty of a criminal offense or
1378	comparable ordinance violation or adjudicated delinquent for
1379	committing a felony or a misdemeanor specified in s.
1380	943.051(3)(b).
1381	2.  Has not been adjudicated guilty of, or adjudicated
1382	delinquent for committing, any of the acts stemming from the
1383	arrest or alleged criminal activity to which the petition
1384	pertains.
1385	3.  Has never secured a prior sealing or expunction of a
1386	criminal history record under this section, former s. 893.14,
1387	former s. 901.33, or former s. 943.058, or from any jurisdiction
1388	outside the state.
1389	4.  Is eligible for such an expunction to the best of his
1390	or her knowledge or belief and does not have any other petition
1391	to expunge or any petition to seal pending before any court.
1392
1393	Any person who knowingly provides false information on such
1394	sworn statement to the court commits a felony of the third
1395	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1396	775.084.
1397	(2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
1398	petitioning the court to expunge a criminal history record, a
1399	person seeking to expunge a criminal history record shall apply
1400	to the department for a certificate of eligibility for
1401	expunction. The department shall, by rule adopted pursuant to
1402	chapter 120, establish procedures pertaining to the application
1403	for and issuance of certificates of eligibility for expunction.
1404	The department shall issue a certificate of eligibility for
1405	expunction to a person who is the subject of a criminal history
1406	record if that person:
1407	(a)  Has obtained, and submitted to the department, a
1408	written, certified statement from the appropriate state attorney
1409	or statewide prosecutor which indicates:
1410	1.  That an indictment, information, or other charging
1411	document was not filed or issued in the case.
1412	2.  That an indictment, information, or other charging
1413	document, if filed or issued in the case, was dismissed or nolle
1414	prosequi by the state attorney or statewide prosecutor, or was
1415	dismissed by a court of competent jurisdiction.
1416	3.  That the criminal history record does not relate to a
1417	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
1418	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
1419	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
1420	s. 916.1075, or a violation enumerated in s. 907.041, where the
1421	defendant was found guilty of, or pled guilty or nolo contendere
1422	to any such offense, or that the defendant, as a minor, was
1423	found to have committed, or pled guilty or nolo contendere to
1424	committing, such an offense as a delinquent act, without regard
1425	to whether adjudication was withheld.
1426	(b)  Remits a $75 processing fee to the department for
1427	placement in the Department of Law Enforcement Operating Trust
1428	Fund, unless such fee is waived by the executive director.
1429	(c)  Has submitted to the department a certified copy of
1430	the disposition of the charge to which the petition to expunge
1431	pertains.
1432	(d)  Has never, prior to the date on which the application
1433	for a certificate of eligibility is filed, been adjudicated
1434	guilty of a criminal offense or comparable ordinance violation
1435	or adjudicated delinquent for committing a felony or a
1436	misdemeanor specified in s. 943.051(3)(b).
1437	(e)  Has not been adjudicated guilty of, or adjudicated
1438	delinquent for committing, any of the acts stemming from the
1439	arrest or alleged criminal activity to which the petition to
1440	expunge pertains.
1441	(f)  Has never secured a prior sealing or expunction of a
1442	criminal history record under this section, former s. 893.14,
1443	former s. 901.33, or former s. 943.058.
1444	(g)  Is no longer under court supervision applicable to the
1445	disposition of the arrest or alleged criminal activity to which
1446	the petition to expunge pertains.
1447	(h)  Is not required to wait a minimum of 10 years prior to
1448	being eligible for an expunction of such records because all
1449	charges related to the arrest or criminal activity to which the
1450	petition to expunge pertains were dismissed prior to trial,
1451	adjudication, or the withholding of adjudication. Otherwise,
1452	such criminal history record must be sealed under this section,
1453	former s. 893.14, former s. 901.33, or former s. 943.058 for at
1454	least 10 years before such record is eligible for expunction.
1455	(3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
1456	(a)  In judicial proceedings under this section, a copy of
1457	the completed petition to expunge shall be served upon the
1458	appropriate state attorney or the statewide prosecutor and upon
1459	the arresting agency; however, it is not necessary to make any
1460	agency other than the state a party. The appropriate state
1461	attorney or the statewide prosecutor and the arresting agency
1462	may respond to the court regarding the completed petition to
1463	expunge.
1464	(b)  If relief is granted by the court, the clerk of the
1465	court shall certify copies of the order to the appropriate state
1466	attorney or the statewide prosecutor and the arresting agency.
1467	The arresting agency is responsible for forwarding the order to
1468	any other agency to which the arresting agency disseminated the
1469	criminal history record information to which the order pertains.
1470	The department shall forward the order to expunge to the Federal
1471	Bureau of Investigation. The clerk of the court shall certify a
1472	copy of the order to any other agency which the records of the
1473	court reflect has received the criminal history record from the
1474	court.
1475	(c)  For an order to expunge entered by a court prior to
1476	July 1, 1992, the department shall notify the appropriate state
1477	attorney or statewide prosecutor of an order to expunge which is
1478	contrary to law because the person who is the subject of the
1479	record has previously been convicted of a crime or comparable
1480	ordinance violation or has had a prior criminal history record
1481	sealed or expunged. Upon receipt of such notice, the appropriate
1482	state attorney or statewide prosecutor shall take action, within
1483	60 days, to correct the record and petition the court to void
1484	the order to expunge. The department shall seal the record until
1485	such time as the order is voided by the court.
1486	(d)  On or after July 1, 1992, the department or any other
1487	criminal justice agency is not required to act on an order to
1488	expunge entered by a court when such order does not comply with
1489	the requirements of this section. Upon receipt of such an order,
1490	the department must notify the issuing court, the appropriate
1491	state attorney or statewide prosecutor, the petitioner or the
1492	petitioner's attorney, and the arresting agency of the reason
1493	for noncompliance. The appropriate state attorney or statewide
1494	prosecutor shall take action within 60 days to correct the
1495	record and petition the court to void the order. No cause of
1496	action, including contempt of court, shall arise against any
1497	criminal justice agency for failure to comply with an order to
1498	expunge when the petitioner for such order failed to obtain the
1499	certificate of eligibility as required by this section or such
1500	order does not otherwise comply with the requirements of this
1501	section.
1502	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
1503	criminal history record of a minor or an adult which is ordered
1504	expunged by a court of competent jurisdiction pursuant to this
1505	section must be physically destroyed or obliterated by any
1506	criminal justice agency having custody of such record; except
1507	that any criminal history record in the custody of the
1508	department must be retained in all cases. A criminal history
1509	record ordered expunged that is retained by the department is
1510	confidential and exempt from the provisions of s. 119.07(1) and
1511	s. 24(a), Art. I of the State Constitution and not available to
1512	any person or entity except upon order of a court of competent
1513	jurisdiction. A criminal justice agency may retain a notation
1514	indicating compliance with an order to expunge.
1515	(a)  The person who is the subject of a criminal history
1516	record that is expunged under this section or under other
1517	provisions of law, including former s. 893.14, former s. 901.33,
1518	and former s. 943.058, may lawfully deny or fail to acknowledge
1519	the arrests covered by the expunged record, except when the
1520	subject of the record:
1521	1.  Is a candidate for employment with a criminal justice
1522	agency;
1523	2.  Is a defendant in a criminal prosecution;
1524	3.  Concurrently or subsequently petitions for relief under
1525	this section or s. 943.059;
1526	4.  Is a candidate for admission to The Florida Bar;
1527	5.  Is seeking to be employed or licensed by or to contract
1528	with the Department of Children and Family Services or the
1529	Department of Juvenile Justice or to be employed or used by such
1530	contractor or licensee in a sensitive position having direct
1531	contact with children, the developmentally disabled, the aged,
1532	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1533	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1534	409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.
1535	985.407, or chapter 400; or
1536	6.  Is seeking to be employed or licensed by the Department
1537	of Education, any district school board, any university
1538	laboratory school, any charter school, any private or parochial
1539	school, or any local governmental entity that licenses child
1540	care facilities.
1541	(b)  Subject to the exceptions in paragraph (a), a person
1542	who has been granted an expunction under this section, former s.
1543	893.14, former s. 901.33, or former s. 943.058 may not be held
1544	under any provision of law of this state to commit perjury or to
1545	be otherwise liable for giving a false statement by reason of
1546	such person's failure to recite or acknowledge an expunged
1547	criminal history record.
1548	(c)  Information relating to the existence of an expunged
1549	criminal history record which is provided in accordance with
1550	paragraph (a) is confidential and exempt from the provisions of
1551	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1552	except that the department shall disclose the existence of a
1553	criminal history record ordered expunged to the entities set
1554	forth in subparagraphs (a)1., 4., 5., and 6. for their
1555	respective licensing and employment purposes, and to criminal
1556	justice agencies for their respective criminal justice purposes.
1557	It is unlawful for any employee of an entity set forth in
1558	subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
1559	subparagraph (a)6. to disclose information relating to the
1560	existence of an expunged criminal history record of a person
1561	seeking employment or licensure with such entity or contractor,
1562	except to the person to whom the criminal history record relates
1563	or to persons having direct responsibility for employment or
1564	licensure decisions. Any person who violates this paragraph
1565	commits a misdemeanor of the first degree, punishable as
1566	provided in s. 775.082 or s. 775.083.
1567	(5)  STATUTORY REFERENCES.--Any reference to any other
1568	chapter, section, or subdivision of the Florida Statutes in this
1569	section constitutes a general reference under the doctrine of
1570	incorporation by reference.
1571	Section 23.  For the purpose of incorporating the amendment
1572	to section 893.135, Florida Statutes, in a reference thereto,
1573	section 943.059, Florida Statutes, is reenacted to read:
1574	943.059  Court-ordered sealing of criminal history
1575	records.--The courts of this state shall continue to have
1576	jurisdiction over their own procedures, including the
1577	maintenance, sealing, and correction of judicial records
1578	containing criminal history information to the extent such
1579	procedures are not inconsistent with the conditions,
1580	responsibilities, and duties established by this section. Any
1581	court of competent jurisdiction may order a criminal justice
1582	agency to seal the criminal history record of a minor or an
1583	adult who complies with the requirements of this section. The
1584	court shall not order a criminal justice agency to seal a
1585	criminal history record until the person seeking to seal a
1586	criminal history record has applied for and received a
1587	certificate of eligibility for sealing pursuant to subsection
1588	(2). A criminal history record that relates to a violation of s.
1589	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
1590	800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.
1591	847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or
1592	a violation enumerated in s. 907.041 may not be sealed, without
1593	regard to whether adjudication was withheld, if the defendant
1594	was found guilty of or pled guilty or nolo contendere to the
1595	offense, or if the defendant, as a minor, was found to have
1596	committed or pled guilty or nolo contendere to committing the
1597	offense as a delinquent act. The court may only order sealing of
1598	a criminal history record pertaining to one arrest or one
1599	incident of alleged criminal activity, except as provided in
1600	this section. The court may, at its sole discretion, order the
1601	sealing of a criminal history record pertaining to more than one
1602	arrest if the additional arrests directly relate to the original
1603	arrest. If the court intends to order the sealing of records
1604	pertaining to such additional arrests, such intent must be
1605	specified in the order. A criminal justice agency may not seal
1606	any record pertaining to such additional arrests if the order to
1607	seal does not articulate the intention of the court to seal
1608	records pertaining to more than one arrest. This section does
1609	not prevent the court from ordering the sealing of only a
1610	portion of a criminal history record pertaining to one arrest or
1611	one incident of alleged criminal activity. Notwithstanding any
1612	law to the contrary, a criminal justice agency may comply with
1613	laws, court orders, and official requests of other jurisdictions
1614	relating to sealing, correction, or confidential handling of
1615	criminal history records or information derived therefrom. This
1616	section does not confer any right to the sealing of any criminal
1617	history record, and any request for sealing a criminal history
1618	record may be denied at the sole discretion of the court.
1619	(1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
1620	petition to a court to seal a criminal history record is
1621	complete only when accompanied by:
1622	(a)  A certificate of eligibility for sealing issued by the
1623	department pursuant to subsection (2).
1624	(b)  The petitioner's sworn statement attesting that the
1625	petitioner:
1626	1.  Has never, prior to the date on which the petition is
1627	filed, been adjudicated guilty of a criminal offense or
1628	comparable ordinance violation or adjudicated delinquent for
1629	committing a felony or a misdemeanor specified in s.
1630	943.051(3)(b).
1631	2.  Has not been adjudicated guilty of or adjudicated
1632	delinquent for committing any of the acts stemming from the
1633	arrest or alleged criminal activity to which the petition to
1634	seal pertains.
1635	3.  Has never secured a prior sealing or expunction of a
1636	criminal history record under this section, former s. 893.14,
1637	former s. 901.33, former s. 943.058, or from any jurisdiction
1638	outside the state.
1639	4.  Is eligible for such a sealing to the best of his or
1640	her knowledge or belief and does not have any other petition to
1641	seal or any petition to expunge pending before any court.
1642
1643	Any person who knowingly provides false information on such
1644	sworn statement to the court commits a felony of the third
1645	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1646	775.084.
1647	(2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
1648	petitioning the court to seal a criminal history record, a
1649	person seeking to seal a criminal history record shall apply to
1650	the department for a certificate of eligibility for sealing. The
1651	department shall, by rule adopted pursuant to chapter 120,
1652	establish procedures pertaining to the application for and
1653	issuance of certificates of eligibility for sealing. The
1654	department shall issue a certificate of eligibility for sealing
1655	to a person who is the subject of a criminal history record
1656	provided that such person:
1657	(a)  Has submitted to the department a certified copy of
1658	the disposition of the charge to which the petition to seal
1659	pertains.
1660	(b)  Remits a $75 processing fee to the department for
1661	placement in the Department of Law Enforcement Operating Trust
1662	Fund, unless such fee is waived by the executive director.
1663	(c)  Has never, prior to the date on which the application
1664	for a certificate of eligibility is filed, been adjudicated
1665	guilty of a criminal offense or comparable ordinance violation
1666	or adjudicated delinquent for committing a felony or a
1667	misdemeanor specified in s. 943.051(3)(b).
1668	(d)  Has not been adjudicated guilty of or adjudicated
1669	delinquent for committing any of the acts stemming from the
1670	arrest or alleged criminal activity to which the petition to
1671	seal pertains.
1672	(e)  Has never secured a prior sealing or expunction of a
1673	criminal history record under this section, former s. 893.14,
1674	former s. 901.33, or former s. 943.058.
1675	(f)  Is no longer under court supervision applicable to the
1676	disposition of the arrest or alleged criminal activity to which
1677	the petition to seal pertains.
1678	(3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
1679	(a)  In judicial proceedings under this section, a copy of
1680	the completed petition to seal shall be served upon the
1681	appropriate state attorney or the statewide prosecutor and upon
1682	the arresting agency; however, it is not necessary to make any
1683	agency other than the state a party. The appropriate state
1684	attorney or the statewide prosecutor and the arresting agency
1685	may respond to the court regarding the completed petition to
1686	seal.
1687	(b)  If relief is granted by the court, the clerk of the
1688	court shall certify copies of the order to the appropriate state
1689	attorney or the statewide prosecutor and to the arresting
1690	agency. The arresting agency is responsible for forwarding the
1691	order to any other agency to which the arresting agency
1692	disseminated the criminal history record information to which
1693	the order pertains. The department shall forward the order to
1694	seal to the Federal Bureau of Investigation. The clerk of the
1695	court shall certify a copy of the order to any other agency
1696	which the records of the court reflect has received the criminal
1697	history record from the court.
1698	(c)  For an order to seal entered by a court prior to July
1699	1, 1992, the department shall notify the appropriate state
1700	attorney or statewide prosecutor of any order to seal which is
1701	contrary to law because the person who is the subject of the
1702	record has previously been convicted of a crime or comparable
1703	ordinance violation or has had a prior criminal history record
1704	sealed or expunged. Upon receipt of such notice, the appropriate
1705	state attorney or statewide prosecutor shall take action, within
1706	60 days, to correct the record and petition the court to void
1707	the order to seal. The department shall seal the record until
1708	such time as the order is voided by the court.
1709	(d)  On or after July 1, 1992, the department or any other
1710	criminal justice agency is not required to act on an order to
1711	seal entered by a court when such order does not comply with the
1712	requirements of this section. Upon receipt of such an order, the
1713	department must notify the issuing court, the appropriate state
1714	attorney or statewide prosecutor, the petitioner or the
1715	petitioner's attorney, and the arresting agency of the reason
1716	for noncompliance. The appropriate state attorney or statewide
1717	prosecutor shall take action within 60 days to correct the
1718	record and petition the court to void the order. No cause of
1719	action, including contempt of court, shall arise against any
1720	criminal justice agency for failure to comply with an order to
1721	seal when the petitioner for such order failed to obtain the
1722	certificate of eligibility as required by this section or when
1723	such order does not comply with the requirements of this
1724	section.
1725	(e)  An order sealing a criminal history record pursuant to
1726	this section does not require that such record be surrendered to
1727	the court, and such record shall continue to be maintained by
1728	the department and other criminal justice agencies.
1729	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
1730	history record of a minor or an adult which is ordered sealed by
1731	a court of competent jurisdiction pursuant to this section is
1732	confidential and exempt from the provisions of s. 119.07(1) and
1733	s. 24(a), Art. I of the State Constitution and is available only
1734	to the person who is the subject of the record, to the subject's
1735	attorney, to criminal justice agencies for their respective
1736	criminal justice purposes, or to those entities set forth in
1737	subparagraphs (a)1., 4., 5., and 6. for their respective
1738	licensing and employment purposes.
1739	(a)  The subject of a criminal history record sealed under
1740	this section or under other provisions of law, including former
1741	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1742	deny or fail to acknowledge the arrests covered by the sealed
1743	record, except when the subject of the record:
1744	1.  Is a candidate for employment with a criminal justice
1745	agency;
1746	2.  Is a defendant in a criminal prosecution;
1747	3.  Concurrently or subsequently petitions for relief under
1748	this section or s. 943.0585;
1749	4.  Is a candidate for admission to The Florida Bar;
1750	5.  Is seeking to be employed or licensed by or to contract
1751	with the Department of Children and Family Services or the
1752	Department of Juvenile Justice or to be employed or used by such
1753	contractor or licensee in a sensitive position having direct
1754	contact with children, the developmentally disabled, the aged,
1755	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1756	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1757	409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
1758	(13), s. 985.407, or chapter 400; or
1759	6.  Is seeking to be employed or licensed by the Department
1760	of Education, any district school board, any university
1761	laboratory school, any charter school, any private or parochial
1762	school, or any local governmental entity that licenses child
1763	care facilities.
1764	(b)  Subject to the exceptions in paragraph (a), a person
1765	who has been granted a sealing under this section, former s.
1766	893.14, former s. 901.33, or former s. 943.058 may not be held
1767	under any provision of law of this state to commit perjury or to
1768	be otherwise liable for giving a false statement by reason of
1769	such person's failure to recite or acknowledge a sealed criminal
1770	history record.
1771	(c)  Information relating to the existence of a sealed
1772	criminal record provided in accordance with the provisions of
1773	paragraph (a) is confidential and exempt from the provisions of
1774	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1775	except that the department shall disclose the sealed criminal
1776	history record to the entities set forth in subparagraphs (a)1.,
1777	4., 5., and 6. for their respective licensing and employment
1778	purposes. It is unlawful for any employee of an entity set forth
1779	in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
1780	or subparagraph (a)6. to disclose information relating to the
1781	existence of a sealed criminal history record of a person
1782	seeking employment or licensure with such entity or contractor,
1783	except to the person to whom the criminal history record relates
1784	or to persons having direct responsibility for employment or
1785	licensure decisions. Any person who violates the provisions of
1786	this paragraph commits a misdemeanor of the first degree,
1787	punishable as provided in s. 775.082 or s. 775.083.
1788	(5)  STATUTORY REFERENCES.--Any reference to any other
1789	chapter, section, or subdivision of the Florida Statutes in this
1790	section constitutes a general reference under the doctrine of
1791	incorporation by reference.
1792	Section 24.  For the purpose of incorporating the amendment
1793	to section 893.13, Florida Statutes, in references thereto,
1794	subsections (1) and (2) of section 948.034, Florida Statutes,
1795	are reenacted to read:
1796	948.034  Terms and conditions of probation; community
1797	residential drug punishment centers.--
1798	(1)  On or after October 1, 1993, any person who violates
1799	s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a) may,
1800	in the discretion of the trial court, be required to
1801	successfully complete a term of probation in lieu of serving a
1802	term of imprisonment as required or authorized by s. 775.084,
1803	former s. 921.001, or s. 921.002, as follows:
1804	(a)  If the person has not previously been convicted of
1805	violating s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or
1806	(5)(a), adjudication may be withheld and the offender may be
1807	placed on probation for not less than 18 months, as a condition
1808	of which the court shall require the offender to reside at a
1809	community residential drug punishment center for 90 days. The
1810	offender must comply with all rules and regulations of the
1811	center and must pay a fee for the costs of room and board and
1812	residential supervision. Placement of an offender into a
1813	community residential drug punishment center is subject to
1814	budgetary considerations and availability of bed space. If the
1815	court requires the offender to reside at a community residential
1816	drug punishment center, the court shall also require the
1817	offender to comply with one or more of the other following terms
1818	and conditions:
1819	1.  Pay a fine of not less than $500 nor more than $10,000
1820	pursuant to s. 775.083(1)(c).
1821	2.  Enter, regularly attend, and successfully complete a
1822	substance abuse education program of at least 40 hours or a
1823	prescribed substance abuse treatment program provided by a
1824	treatment resource licensed pursuant to chapter 397 or by a
1825	hospital licensed pursuant to chapter 395, as specified by the
1826	court. In addition, the court may refer the offender to a
1827	licensed agency for substance abuse evaluation and, if
1828	appropriate, substance abuse treatment subject to the ability of
1829	the offender to pay for such evaluation and treatment. If such
1830	referral is made, the offender must comply and must pay for the
1831	reasonable cost of the evaluation and treatment.
1832	3.  Perform at least 100 hours of public service.
1833	4.  Submit to routine and random drug testing which may be
1834	conducted during the probationary period, with the reasonable
1835	costs thereof borne by the offender.
1836	5.  Participate, at his or her own expense, in an
1837	appropriate self-help group, such as Narcotics Anonymous,
1838	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1839	(b)  If the person has been previously convicted of one
1840	felony violation of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,
1841	(2)(a)1., or (5)(a), adjudication may not be withheld and the
1842	offender may be placed on probation for not less than 24 months,
1843	as a condition of which the court shall require the offender to
1844	reside at a community residential drug punishment center for 180
1845	days. The offender must comply with all rules and regulations of
1846	the center and must pay a fee for the costs of room and board
1847	and residential supervision. Placement of an offender into a
1848	community residential drug punishment center is subject to
1849	budgetary considerations and availability of bed space. If the
1850	court requires the offender to reside at a community residential
1851	drug punishment center, the court shall also require the
1852	offender to comply with one or more of the other following terms
1853	and conditions:
1854	1.  Pay a fine of not less than $1,000 nor more than
1855	$10,000 pursuant to s. 775.083(1)(c).
1856	2.  Enter, regularly attend, and successfully complete a
1857	substance abuse education program of at least 40 hours or a
1858	prescribed substance abuse treatment program provided by a
1859	treatment resource licensed pursuant to chapter 397 or by a
1860	hospital licensed pursuant to chapter 395, as specified by the
1861	court. In addition, the court may refer the offender to a
1862	licensed agency for substance abuse evaluation and, if
1863	appropriate, substance abuse treatment subject to the ability of
1864	the offender to pay for such evaluation and treatment. If such
1865	referral is made, the offender must comply and must pay for the
1866	reasonable cost of the evaluation and treatment.
1867	3.  Perform at least 200 hours of public service.
1868	4.  Submit to routine and random drug testing which may be
1869	conducted during the probationary period, with the reasonable
1870	costs thereof borne by the offender.
1871	5.  Participate, at his or her own expense, in an
1872	appropriate self-help group, such as Narcotics Anonymous,
1873	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1874	(c)  If the person has been previously convicted of two
1875	felony violations of s. 893.13(2)(a)1. or (5)(a), adjudication
1876	may not be withheld and the offender may be placed on probation
1877	for not less than 36 months, as a condition of which the court
1878	shall require the offender to reside at a community residential
1879	drug punishment center for 360 days. The offender must comply
1880	with all rules and regulations of the center and must pay a fee
1881	for the costs of room and board and residential supervision.
1882	Placement of an offender into a community residential drug
1883	punishment center is subject to budgetary considerations and
1884	availability of bed space. If the court requires the offender to
1885	reside at a community residential drug punishment center, the
1886	court shall also require the offender to comply with one or more
1887	of the other following terms and conditions:
1888	1.  Pay a fine of not less than $1,500 nor more than
1889	$10,000 pursuant to s. 775.083(1)(c).
1890	2.  Enter, regularly attend, and successfully complete a
1891	substance abuse education program of at least 40 hours or a
1892	prescribed substance abuse treatment program provided by a
1893	treatment resource licensed pursuant to chapter 397 or by a
1894	hospital licensed pursuant to chapter 395, as specified by the
1895	court. In addition, the court may refer the offender to a
1896	licensed agency for substance abuse evaluation and, if
1897	appropriate, substance abuse treatment subject to the ability of
1898	the offender to pay for such evaluation and treatment. If such
1899	referral is made, the offender must comply and must pay for the
1900	reasonable cost of the evaluation and treatment.
1901	3.  Perform at least 300 hours of public service.
1902	4.  Submit to routine and random drug testing which may be
1903	conducted during the probationary period, with the reasonable
1904	costs thereof borne by the offender.
1905	5.  Participate, at his or her own expense, in an
1906	appropriate self-help group, such as Narcotics Anonymous,
1907	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1908	(d)  An offender who violates probation imposed pursuant to
1909	this section shall be sentenced in accordance with s. 921.002.
1910	(2)  On or after October 1, 1993, any person who violates
1911	s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a) may, in the
1912	discretion of the trial court, be required to successfully
1913	complete a term of probation in lieu of serving a term of
1914	imprisonment as required or authorized by s. 775.084, former s.
1915	921.001, or s. 921.002, as follows:
1916	(a)  If the person has not previously been convicted of
1917	violating s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a),
1918	adjudication may be withheld and the offender shall be placed on
1919	probation for not less than 12 months, as a condition of which
1920	the court may require the offender to comply with one or more of
1921	the following terms and conditions:
1922	1.  Pay a fine of not less than $250 nor more than $5,000
1923	pursuant to s. 775.083(1)(c).
1924	2.  Enter, regularly attend, and successfully complete a
1925	substance abuse education program of at least 40 hours or a
1926	prescribed substance abuse treatment program provided by a
1927	treatment resource licensed pursuant to chapter 397 or by a
1928	hospital licensed pursuant to chapter 395, as specified by the
1929	court. In addition, the court may refer the offender to a
1930	licensed agency for substance abuse evaluation and, if
1931	appropriate, substance abuse treatment subject to the ability of
1932	the offender to pay for such evaluation and treatment. If such
1933	referral is made, the offender must comply and must pay for the
1934	reasonable cost of the evaluation and treatment.
1935	3.  Perform at least 50 hours of public service.
1936	4.  Submit to routine and random drug testing which may be
1937	conducted during the probationary period, with the reasonable
1938	costs thereof borne by the offender.
1939	5.  Participate, at his or her own expense, in an
1940	appropriate self-help group, such as Narcotics Anonymous,
1941	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1942	(b)  If the person has been previously convicted of one
1943	felony violation of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or
1944	(6)(a), adjudication may not be withheld and the offender may be
1945	placed on probation for not less than 18 months, as a condition
1946	of which the court shall require the offender to reside at a
1947	community residential drug punishment center for 90 days. The
1948	offender must comply with all rules and regulations of the
1949	center and must pay a fee for the costs of room and board and
1950	residential supervision. Placement of an offender into a
1951	community residential drug punishment center is subject to
1952	budgetary considerations and availability of bed space. If the
1953	court requires the offender to reside at a community residential
1954	drug punishment center, the court shall also require the
1955	offender to comply with one or more of the other following terms
1956	and conditions:
1957	1.  Pay a fine of not less than $500 nor more than $5,000
1958	pursuant to s. 775.083(1)(c).
1959	2.  Enter, regularly attend, and successfully complete a
1960	substance abuse intervention program of a least 80 hours
1961	provided by a treatment resource licensed pursuant to chapter
1962	397 or by a hospital licensed pursuant to chapter 395, as
1963	specified by the court. In addition, the court may refer the
1964	offender to a licensed agency for substance abuse evaluation
1965	and, if appropriate, substance abuse treatment subject to the
1966	ability of the offender to pay for such evaluation and
1967	treatment. If such referral is made, the offender must comply
1968	and must pay for the reasonable cost of the evaluation and
1969	treatment.
1970	3.  Perform at least 100 hours of public service.
1971	4.  Submit to routine and random drug testing which may be
1972	conducted during the probationary period, with the reasonable
1973	costs thereof borne by the offender.
1974	5.  Participate, at his or her own expense, in an
1975	appropriate self-help group, such as Narcotics Anonymous,
1976	Alcoholics Anonymous, or Cocaine Anonymous, if available.
1977	(c)  If the person has been previously convicted of two
1978	felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
1979	adjudication may not be withheld and the offender may be placed
1980	on probation for not less than 24 months, as a condition of
1981	which the court shall require the offender to reside at a
1982	community residential drug punishment center for 120 days. The
1983	offender must comply with all rules and regulations of the
1984	center and must pay a fee for the costs of room and board and
1985	residential supervision. Placement of an offender into a
1986	community residential drug punishment center is subject to
1987	budgetary considerations and availability of bed space. If the
1988	court requires the offender to reside at a community residential
1989	drug punishment center, the court shall also require the
1990	offender to comply with one or more of the other following terms
1991	and conditions:
1992	1.  Pay a fine of not less than $1,000 nor more than $5,000
1993	pursuant to s. 775.083(1)(c).
1994	2.  Enter, regularly attend, and successfully complete a
1995	prescribed substance abuse treatment program provided by a
1996	treatment resource licensed pursuant to chapter 397 or by a
1997	hospital licensed pursuant to chapter 395, as specified by the
1998	court. In addition, the court may refer the offender to a
1999	licensed agency for substance abuse evaluation and, if
2000	appropriate, substance abuse treatment subject to the ability of
2001	the offender to pay for such evaluation and treatment. If such
2002	referral is made, the offender must comply and must pay for the
2003	reasonable cost of the evaluation and treatment.
2004	3.  Perform at least 150 hours of public service.
2005	4.  Submit to routine and random drug testing which may be
2006	conducted during the probationary period, with the reasonable
2007	costs thereof borne by the offender.
2008	5.  Participate, at his or her own expense, in an
2009	appropriate self-help group, such as Narcotics Anonymous,
2010	Alcoholics Anonymous, or Cocaine Anonymous, if available.
2011	(d)  If the person has been previously convicted of three
2012	felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
2013	adjudication may not be withheld and the offender may be placed
2014	on probation for not less than 30 months, as a condition of
2015	which the court shall require the offender to reside at a
2016	community residential drug punishment center for 200 days. The
2017	offender must comply with all rules and regulations of the
2018	center and must pay a fee for the costs of room and board and
2019	residential supervision. Placement of an offender into a
2020	community residential drug punishment center is subject to
2021	budgetary considerations and availability of bed space. If the
2022	court requires the offender to reside at a community residential
2023	drug punishment center, the court shall also require the
2024	offender to comply with one or more of the other following terms
2025	and conditions:
2026	1.  Pay a fine of not less than $1,500 nor more than $5,000
2027	pursuant to s. 775.083(1)(c).
2028	2.  Enter, regularly attend, and successfully complete a
2029	prescribed substance abuse treatment program provided by a
2030	treatment resource licensed pursuant to chapter 397 or by a
2031	hospital licensed pursuant to chapter 395, as specified by the
2032	court. In addition, the court may refer the offender to a
2033	licensed agency for substance abuse evaluation and, if
2034	appropriate, substance abuse treatment subject to the ability of
2035	the offender to pay for such evaluation and treatment. If such
2036	referral is made, the offender must comply and must pay for the
2037	reasonable cost of the evaluation and treatment.
2038	3.  Perform at least 200 hours of public service.
2039	4.  Submit to routine and random drug testing which may be
2040	conducted during the probationary period, with the reasonable
2041	costs thereof borne by the offender.
2042	5.  Participate, at his or her own expense, in an
2043	appropriate self-help group, such as Narcotics Anonymous,
2044	Alcoholics Anonymous, or Cocaine Anonymous, if available.
2045	(e)  If the person has been previously convicted of four
2046	felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
2047	adjudication may not be withheld and the offender may be placed
2048	on probation for not less than 36 months, as a condition of
2049	which the court shall require the offender to reside at a
2050	community residential drug punishment center for 360 days. The
2051	offender must comply with all rules and regulations of the
2052	center and must pay a fee for the costs of room and board and
2053	residential supervision. Placement of an offender into a
2054	community residential drug punishment center is subject to
2055	budgetary considerations and availability of bed space. If the
2056	court requires the offender to reside at a community residential
2057	drug punishment center, the court shall also require the
2058	offender to comply with one or more of the other following terms
2059	and conditions:
2060	1.  Pay a fine of not less than $2,000 nor more than $5,000
2061	pursuant to s. 775.083(1)(c).
2062	2.  Enter, regularly attend, and successfully complete a
2063	prescribed substance abuse treatment program provided by a
2064	treatment resource licensed pursuant to chapter 397 or by a
2065	hospital licensed pursuant to chapter 395, as specified by the
2066	court. In addition, the court may refer the offender to a
2067	licensed agency for substance abuse evaluation and, if
2068	appropriate, substance abuse treatment subject to the ability of
2069	the offender to pay for such evaluation and treatment. If such
2070	referral is made, the offender must comply and must pay for the
2071	reasonable cost of the evaluation and treatment.
2072	3.  Perform at least 250 hours of public service.
2073	4.  Submit to routine and random drug testing which may be
2074	conducted during the probationary period, with the reasonable
2075	costs thereof borne by the offender.
2076	5.  Participate, at his or her own expense, in an
2077	appropriate self-help group, such as Narcotics Anonymous,
2078	Alcoholics Anonymous, or Cocaine Anonymous, if available.
2079	(f)  An offender who violates probation imposed pursuant to
2080	this section shall be sentenced in accordance with s. 921.002.
2081	Section 25.  This act shall take effect July 1, 2005, and
2082	shall apply to offenses committed on or after that date.

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