Senate Bill sb2352

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 2352

    By Senator Peaden





    2-1286-05                                          See HB 1347

  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         amending s. 893.033, F.S.; revising the

  4         definition of "listed precursor chemical" to

  5         include benzaldehyde, hydriodic acid, and

  6         nitroethane, and to remove anhydrous ammonia

  7         and benzyl chloride; revising the definition of

  8         "listed essential chemical" to include

  9         anhydrous ammonia, benzyl chloride,

10         hydrochloric gas, and iodine; amending s.

11         893.13, F.S.; prohibiting a person from

12         manufacturing methamphetamine or phencyclidine

13         or from possessing listed chemicals with the

14         intent to manufacture methamphetamine or

15         phencyclidine; providing criminal penalties;

16         providing for minimum terms of imprisonment in

17         circumstances where a person commits or

18         attempts to commit such crime in a structure or

19         conveyance where a child is present and in

20         circumstances where a child suffers great

21         bodily harm; providing criminal penalties in

22         circumstances where a person fails to store

23         anhydrous ammonia as required; providing

24         criminal penalties in circumstances involving a

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

26         serious injury to a state, local, or federal

27         law enforcement officer; increasing the

28         criminal penalties if such violation results in

29         death or great bodily harm to such officer;

30         prohibiting a person from selling,

31         manufacturing, delivering, or attempting to

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         sell, manufacture, or deliver a controlled

 2         substance in, on, or within 1,000 feet of an

 3         assisted living facility; providing criminal

 4         penalties for such offense; specifying minimum

 5         terms of imprisonment for such offense;

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

 7         involving pseudoephedrine within the offense of

 8         trafficking in amphetamine; providing criminal

 9         penalties; providing that it is a capital

10         offense to manufacture or import

11         pseudoephedrine knowing that the probable

12         result will be death; amending s. 893.149,

13         F.S., relating to the prohibition against

14         possessing listed chemicals; providing an

15         exception to such prohibition for a person

16         authorized to clean up or dispose of hazardous

17         waste or toxic substances pursuant to ch. 893,

18         F.S.; providing that damages arising out of the

19         unlawful possession of, storage of, or

20         tampering with a listed chemical is the sole

21         responsibility of the person unlawfully

22         possessing, storing, or tampering with the

23         chemical; providing that the lawful owner,

24         installer, maintainer, designer, manufacturer,

25         possessor, or seller is immune from liability

26         in the absence of negligent misconduct or

27         failure to abide by laws governing possession

28         or storage; creating s. 893.1495, F.S.;

29         limiting sales of products containing more than

30         a specified amount of ephedrine or related

31         compounds in a single transaction; providing

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         restrictions on the display of products

 2         containing ephedrine or related compounds;

 3         providing an exemption from liability for a

 4         general owner or operator of an outlet where a

 5         sale of products containing ephedrine or

 6         related compounds exceeding the specified

 7         amount took place if specified employee

 8         training was provided; providing that local

 9         regulations passed after a specified date that

10         are more restrictive than this act are

11         superseded; providing for exemption of products

12         from certain provisions if they receive a

13         certain certification; providing criminal

14         penalties; reenacting s. 893.02(12), F.S.,

15         relating to the definition of the term "listed

16         chemical," for the purpose of incorporating the

17         amendment to s. 893.033, F.S., in a reference

18         thereto; reenacting ss. 435.07(2), 921.187(1),

19         938.25, and 948.034(1) and (2), F.S., relating

20         to exemptions from disqualification for certain

21         employment, disposition and sentencing

22         alternatives, the assessment of fees for

23         purposes of funding the Operating Trust Fund of

24         the Department of Law Enforcement, and the

25         terms and conditions of probation,

26         respectively, for the purpose of incorporating

27         the amendment to s. 893.13, F.S., in references

28         thereto; reenacting ss. 311.12(3)(c),

29         414.095(1), 775.087(2)(a) and (3)(a),

30         782.04(1)(a), (3)(a), and (4)(a), 893.13(8)(d),

31         907.041(4)(c), 921.0022(3)(g), (h), and (i),

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         921.0024(1), 921.142(2), 943.0585, and 943.059,

 2         F.S., relating to seaport security standards,

 3         eligibility for temporary cash assistance,

 4         mandatory sentencing in circumstances involving

 5         the possession of use of a weapon, specified

 6         offenses that may be charged as murder if death

 7         results, prohibited acts by prescribing

 8         practitioners, circumstances in which the court

 9         may order pretrial detention, the offense

10         severity ranking chart of the Criminal

11         Punishment Code, worksheet computations and

12         scoresheets under the Criminal Punishment Code,

13         sentencing in capital drug trafficking cases,

14         limitations on circumstances in which a

15         criminal history record may be expunged, and

16         limitations on circumstances in which a

17         criminal history record may be sealed,

18         respectively, for the purpose of incorporating

19         the amendment to s. 895.135, F.S., in

20         references thereto; reenacting ss.

21         397.451(4)(b) and (6), 772.12(2)(a),

22         893.1351(1), and 903.133, F.S., relating to

23         background checks of service provider

24         personnel, the Drug Dealer Liability Act, the

25         prohibition against leasing or renting for the

26         purpose of trafficking in a controlled

27         substance, and the limitation of admission to

28         bail, respectively, for the purpose of

29         incorporating the amendments to ss. 893.13 and

30         893.135, F.S., in references thereto; providing

31         applicability; providing an effective date.

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




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

 2  

 3         Section 1.  Section 893.033, Florida Statutes, is

 4  amended to read:

 5         893.033  Listed chemicals.--The chemicals listed in

 6  this section are included by whatever official, common, usual,

 7  chemical, or trade name designated.

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

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

10  controlled substance in violation of this chapter and is

11  critical to the creation of the controlled substance, and such

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

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

14  or salt of optical isomer is possible within the specific

15  chemical designation. The following are "listed precursor

16  chemicals":

17         (a)  Anhydrous ammonia.

18         (a)(b)  Anthranilic acid.

19         (b)  Benzaldehyde.

20         (c)  Benzyl chloride.

21         (c)(d)  Benzyl cyanide.

22         (d)(e)  Chloroephedrine.

23         (e)(f)  Chloropseudoephedrine.

24         (f)(g)  Ephedrine.

25         (g)(h)  Ergonovine.

26         (h)(i)  Ergotamine.

27         (i)  Hydriodic acid.

28         (j)  Ethylamine.

29         (k)  Isosafrole.

30         (l)  Methylamine.

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

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         (n)  N-acetylanthranilic acid.

 2         (o)  N-ethylephedrine.

 3         (p)  N-ethylpseudoephedrine.

 4         (q)  N-methylephedrine.

 5         (r)  N-methylpseudoephedrine.

 6         (s)  Nitroethane.

 7         (t)(s)  Norpseudoephedrine.

 8         (u)(t)  Phenylacetic acid.

 9         (v)(u)  Phenylpropanolamine.

10         (w)(v)  Piperidine.

11         (x)(w)  Piperonal.

12         (y)(x)  Propionic anhydride.

13         (z)(y)  Pseudoephedrine.

14         (aa)(z)  Safrole.

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

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

17  reagent, or catalyst in manufacturing a controlled substance

18  in violation of this chapter. The following are "listed

19  essential chemicals":

20         (a)  Acetic anhydride.

21         (b)  Acetone.

22         (c)  Anhydrous ammonia.

23         (d)  Benzyl chloride.

24         (e)(c)  2-Butanone.

25         (f)(d)  Ethyl ether.

26         (g)  Hydrochloric gas.

27         (h)(e)  Hydriodic acid.

28         (i)  Iodine.

29         (j)(f)  Potassium permanganate.

30         (k)(g)  Toluene.

31  

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         Section 2.  Paragraphs (g) and (h) are added to

 2  subsection (1) of section 893.13, Florida Statutes, paragraphs

 3  (a) and (c) of subsection (7) of that section are amended,

 4  subsection (12) is added to that section, and paragraph (d) of

 5  subsection (8) of that section is reenacted for purpose of

 6  incorporating the amendment to section 893.135, Florida

 7  Statutes, in a reference thereto, to read:

 8         893.13  Prohibited acts; penalties.--

 9         (1)

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

11  unlawful for any person to manufacture methamphetamine or

12  phencyclidine, or possess any listed chemical as defined in s.

13  893.033 in violation of s. 893.149 and with intent to

14  manufacture methamphetamine or phencyclidine. If any person

15  violates this paragraph and:

16         1.  The commission or attempted commission of the crime

17  occurs in a structure or conveyance where any child under 16

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

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

20  775.083, or s. 775.084. In addition, the defendant must be

21  sentenced to a minimum term of imprisonment of 5 calendar

22  years.

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

24  16 years of age to suffer great bodily harm, the person

25  commits a felony of the first degree, punishable as provided

26  in s. 775.082, s. 775.083, or s. 775.084. In addition, the

27  defendant must be sentenced to a minimum term of imprisonment

28  of 10 calendar years.

29         (h)  Except as authorized by this chapter, it is

30  unlawful for any person to sell, manufacture, or deliver, or

31  possess with intent to sell, manufacture, or deliver, a

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  controlled substance in, on, or within 1,000 feet of the real

 2  property comprising an assisted living facility, as that term

 3  is used in chapter 400. Any person who violates this paragraph

 4  with respect to:

 5         1.  A controlled substance named or described in s.

 6  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.

 7  commits a felony of the first degree, punishable as provided

 8  in s. 775.082, s. 775.083, or s. 775.084.

 9         2.  A controlled substance named or described in s.

10  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

11  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a

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

13  775.082, s. 775.083, or s. 775.084.

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

15         1.  To distribute or dispense a controlled substance in

16  violation of this chapter.

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

18  record, notification, order form, statement, invoice, or

19  information required under this chapter.

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

21  inspection or to refuse to allow any inspection authorized by

22  this chapter.

23         4.  To distribute a controlled substance named or

24  described in s. 893.03(1) or (2) except pursuant to an order

25  form as required by s. 893.06.

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

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

28  structure or place which is resorted to by persons using

29  controlled substances in violation of this chapter for the

30  purpose of using these substances, or which is used for

31  keeping or selling them in violation of this chapter.

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




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

 2  reveal, any information obtained in enforcement of this

 3  chapter except in a prosecution or administrative hearing for

 4  a violation of this chapter.

 5         7.  To possess a prescription form which has not been

 6  completed and signed by the practitioner whose name appears

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

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

 9  a supplier of prescription forms who is authorized by that

10  practitioner to possess those forms.

11         8.  To withhold information from a practitioner from

12  whom the person seeks to obtain a controlled substance or a

13  prescription for a controlled substance that the person making

14  the request has received a controlled substance or a

15  prescription for a controlled substance of like therapeutic

16  use from another practitioner within the previous 30 days.

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

18  obtain, possession of a controlled substance by

19  misrepresentation, fraud, forgery, deception, or subterfuge.

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

21  receptacle containing a controlled substance.

22         11.  To furnish false or fraudulent material

23  information in, or omit any material information from, any

24  report or other document required to be kept or filed under

25  this chapter or any record required to be kept by this

26  chapter.

27         12.  To store anhydrous ammonia in a container that is

28  not approved by the United States Department of Transportation

29  to hold anhydrous ammonia or is not constructed in accordance

30  with sound engineering, agricultural, or commercial practices.

31  

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         (c)  Any person who violates the provisions of

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

 3  third degree, punishable as provided in s. 775.082, s.

 4  775.083, or s. 775.084.

 5         (8)

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

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

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

 9  the case of a prescription written for a controlled substance

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

11  for a quantity of a controlled substance which, individually

12  or in the aggregate, meets the threshold for the offense of

13  trafficking in a controlled substance under s. 893.15, the

14  violation is reclassified as a felony of the second degree and

15  ranked in level 4 of the Criminal Punishment Code.

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

17  chapter and the violation results in a serious injury to a

18  state, local, or federal law enforcement officer, the person

19  commits a felony of the third degree, punishable as provided

20  in s. 775.082, s. 775.083, or s. 775.084. If the injury

21  sustained results in death or great bodily harm, the person

22  commits a felony of the second degree, punishable as provided

23  in s. 775.082, s. 775.083, or s. 775.084.

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

25  893.135, Florida Statutes, is amended to read:

26         893.135  Trafficking; mandatory sentences; suspension

27  or reduction of sentences; conspiracy to engage in

28  trafficking.--

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

30  499 and notwithstanding the provisions of s. 893.13:

31  

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




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

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

 3  knowingly in actual or constructive possession of, 14 grams or

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

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

 6  mixture containing amphetamine or methamphetamine, or

 7  phenylacetone, phenylacetic acid, pseudoephedrine,  or

 8  ephedrine in conjunction with other chemicals and equipment

 9  utilized in the manufacture of amphetamine or methamphetamine,

10  commits a felony of the first degree, which felony shall be

11  known as "trafficking in amphetamine," punishable as provided

12  in s. 775.082, s. 775.083, or s. 775.084. If the quantity

13  involved:

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

15  person shall be sentenced to a mandatory minimum term of

16  imprisonment of 3 years, and the defendant shall be ordered to

17  pay a fine of $50,000.

18         b.  Is 28 grams or more, but less than 200 grams, such

19  person shall be sentenced to a mandatory minimum term of

20  imprisonment of 7 years, and the defendant shall be ordered to

21  pay a fine of $100,000.

22         c.  Is 200 grams or more, such person shall be

23  sentenced to a mandatory minimum term of imprisonment of 15

24  calendar years and pay a fine of $250,000.

25         2.  Any person who knowingly manufactures or brings

26  into this state 400 grams or more of amphetamine, as described

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

28  893.03(2)(c)4., or of any mixture containing amphetamine or

29  methamphetamine, or phenylacetone, phenylacetic acid,

30  pseudoephedrine, or ephedrine in conjunction with other

31  chemicals and equipment used in the manufacture of amphetamine

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  or methamphetamine, and who knows that the probable result of

 2  such manufacture or importation would be the death of any

 3  person commits capital manufacture or importation of

 4  amphetamine, a capital felony punishable as provided in ss.

 5  775.082 and 921.142. Any person sentenced for a capital felony

 6  under this paragraph shall also be sentenced to pay the

 7  maximum fine provided under subparagraph 1.

 8         Section 4.  Section 893.149, Florida Statutes, is

 9  amended to read:

10         893.149  Unlawful possession of listed chemical.--

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

12  intentionally:

13         (a)  Possess a listed chemical with the intent to

14  unlawfully manufacture a controlled substance;

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

16  or having reasonable cause to believe, that the listed

17  chemical will be used to unlawfully manufacture a controlled

18  substance.

19         (2)  Any person who violates this section commits is

20  guilty of a felony of the second degree, punishable as

21  provided in s. 775.082, s. 775.083, or s. 775.084.

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

23  or private contractor authorized to clean up or dispose of

24  hazardous waste or toxic substances resulting from the

25  prohibited activities listed in s. 893.13(1)(g).

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

27  of, storage of, or tampering with a listed chemical, as

28  defined in s. 893.033, shall be the sole responsibility of the

29  person or persons unlawfully possessing, storing, or tampering

30  with the listed chemical. In no case shall liability for

31  damages arising out of the unlawful possession of, storage of,

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  or tampering with a listed chemical extend to the lawful

 2  owner, installer, maintainer, designer, manufacturer,

 3  possessor, or seller of the listed chemical, unless such

 4  damages arise out of the acts or omissions of the owner,

 5  installer, maintainer, designer, manufacturer, possessor, or

 6  seller which constitute negligent misconduct or failure to

 7  abide by the laws regarding the possession or storage of a

 8  listed chemical.

 9         Section 5.  Section 893.1495, Florida Statutes, is

10  created to read:

11         893.1495  Sale of ephedrine and related compounds.--

12         (1)  No person shall deliver in any single

13  over-the-counter sale any number of packages of any drug

14  containing a sole active ingredient that he or she knows to

15  contain a combined total of more than 9 base grams of

16  ephedrine, pseudoephedrine, phenylpropanolamine, or any of

17  their salts, optical isomers, or salts of optical isomers, or

18  more than three packages in any single over-the-counter sale,

19  regardless of weight, containing any such sole active

20  ingredient.

21         (2)  Packages of any drug having a sole active

22  ingredient of ephedrine, pseudoephedrine, phenylpropanolamine,

23  or any of their salts or optical isomers shall be displayed

24  and offered for sale only behind a checkout counter where the

25  public is not permitted.

26         (3)  Any person who is considered the general owner or

27  operator of the outlet where ephedrine, pseudoephedrine, or

28  phenylpropanolamine products are available for sale who

29  violates subsection (1) shall not be penalized under this

30  section if such person documents that an employee training

31  program was in place to provide the employee with information

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  on the state and federal regulations regarding ephedrine,

 2  pseudoephedrine, or phenylpropanolamine.

 3         (4)  This section shall supersede any municipal

 4  ordinance or regulation passed on or after July 1, 2005, to

 5  the extent that such ordinance or regulation is more

 6  restrictive than the provisions of this section.

 7         (5)  This section shall not apply to any products that

 8  the Department of Health, upon application of a manufacturer,

 9  exempts by rule from this section because the product has been

10  formulated in such a way as to effectively prevent the

11  conversion of the active ingredient into methamphetamine.

12         (6)  An individual who violates any provision of this

13  section commits a misdemeanor of the first degree, punishable

14  as provided in s. 775.082 or s. 775.083 for a first offense

15  and for a second or subsequent offense commits a felony of the

16  third degree, punishable as provided in s. 775.082, s.

17  775.083, or s. 775.084.

18         Section 6.  For the purpose of incorporating the

19  amendment to section 893.135, Florida Statutes, in a reference

20  thereto, paragraph (c) of subsection (3) of section 311.12,

21  Florida Statutes, is reenacted to read:

22         311.12  Seaport security standards.--

23         (3)

24         (c)  In addition to other requirements for employment

25  or access established by each seaport pursuant to its seaport

26  security plan, each seaport security plan shall provide that:

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

28  convicted, regardless of whether adjudication was withheld,

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

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

31  provided in s. 790.165; any violation involving the

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  manufacture, possession, sale, delivery, display, use, or

 2  attempted or threatened use of a weapon of mass destruction or

 3  hoax weapon of mass destruction as provided in s. 790.166;

 4  dealing in stolen property; any violation of s. 893.135; any

 5  violation involving the sale, manufacturing, delivery, or

 6  possession with intent to sell, manufacture, or deliver a

 7  controlled substance; burglary; robbery; any felony violation

 8  of s. 812.014; any violation of s. 790.07; any crime an

 9  element of which includes use or possession of a firearm; any

10  conviction for any similar offenses under the laws of another

11  jurisdiction; or conviction for conspiracy to commit any of

12  the listed offenses shall not be qualified for initial

13  employment within or regular access to a seaport or restricted

14  access area; and

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

16  any of the listed offenses shall not be qualified for initial

17  employment within or authorized regular access to a seaport or

18  restricted access area unless, after release from

19  incarceration and any supervision imposed as a sentence, the

20  person remained free from a subsequent conviction, regardless

21  of whether adjudication was withheld, for any of the listed

22  offenses for a period of at least 7 years prior to the

23  employment or access date under consideration.

24         Section 7.  For the purpose of incorporating the

25  amendment to sections 893.13 and 893.135, Florida Statutes, in

26  references thereto, paragraph (b) of subsection (4) and

27  subsection (6) of section 397.451, Florida Statutes, are

28  reenacted to read:

29         397.451  Background checks of service provider

30  personnel.--

31         (4)  EXEMPTIONS FROM DISQUALIFICATION.--

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         (b)  Since rehabilitated substance abuse impaired

 2  persons are effective in the successful treatment and

 3  rehabilitation of substance abuse impaired adolescents, for

 4  service providers which treat adolescents 13 years of age and

 5  older, service provider personnel whose background checks

 6  indicate crimes under s. 817.563, s. 893.13, or s. 893.147 may

 7  be exempted from disqualification from employment pursuant to

 8  this paragraph.

 9         (6)  DISQUALIFICATION FROM RECEIVING STATE

10  FUNDS.--State funds may not be disseminated to any service

11  provider owned or operated by an owner, director, or chief

12  financial officer who has been convicted of, has entered a

13  plea of guilty or nolo contendere to, or has had adjudication

14  withheld for, a violation of s. 893.135 pertaining to

15  trafficking in controlled substances, or a violation of the

16  law of another state, the District of Columbia, the United

17  States or any possession or territory thereof, or any foreign

18  jurisdiction which is substantially similar in elements and

19  penalties to a trafficking offense in this state, unless the

20  owner's or director's civil rights have been restored.

21         Section 8.  For the purpose of incorporating the

22  amendment to section 893.135, Florida Statutes, in a reference

23  thereto, subsection (1) of section 414.095, Florida Statutes,

24  is reenacted to read:

25         414.095  Determining eligibility for temporary cash

26  assistance.--

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

28  requirements of this section before receiving services or

29  temporary cash assistance under this chapter, except that an

30  applicant shall be required to register for work and engage in

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

                                  16

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  by the regional workforce board, and may receive support

 2  services or child care assistance in conjunction with such

 3  requirement. The department shall make a determination of

 4  eligibility based on the criteria listed in this chapter. The

 5  department shall monitor continued eligibility for temporary

 6  cash assistance through periodic reviews consistent with the

 7  food stamp eligibility process. Benefits shall not be denied

 8  to an individual solely based on a felony drug conviction,

 9  unless the conviction is for trafficking pursuant to s.

10  893.135. To be eligible under this section, an individual

11  convicted of a drug felony must be satisfactorily meeting the

12  requirements of the temporary cash assistance program,

13  including all substance abuse treatment requirements. Within

14  the limits specified in this chapter, the state opts out of

15  the provision of Pub. L. No. 104-193, s. 115, that eliminates

16  eligibility for temporary cash assistance and food stamps for

17  any individual convicted of a controlled substance felony.

18         Section 9.  For the purpose of incorporating the

19  amendment to section 893.13, Florida Statutes, in a reference

20  thereto, subsection (2) of section 435.07, Florida Statutes,

21  is reenacted to read:

22         435.07  Exemptions from disqualification.--Unless

23  otherwise provided by law, the provisions of this section

24  shall apply to exemptions from disqualification.

25         (2)  Persons employed by treatment providers who treat

26  adolescents 13 years of age and older who are disqualified

27  from employment solely because of crimes under s. 817.563, s.

28  893.13, or s. 893.147 may be exempted from disqualification

29  from employment pursuant to this section without the 3-year

30  waiting period.

31  

                                  17

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         Section 10.  For the purpose of incorporating the

 2  amendment to sections 893.13 and 893.135, Florida Statutes, in

 3  references thereto, paragraph (a) of subsection (2) of section

 4  772.12, Florida Statutes, is reenacted to read:

 5         772.12  Drug Dealer Liability Act.--

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

 7  cause of action for threefold the actual damages sustained and

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

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

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

11  of the evidence that:

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

13  actions that resulted in the defendant's conviction for:

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

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

16         2.  A violation of s. 893.135; and

17         Section 11.  For the purpose of incorporating the

18  amendment to section 893.135, Florida Statutes, in a reference

19  thereto, paragraph (a) of subsection (2) and paragraph (a) of

20  subsection (3) and of section 775.087, Florida Statutes, are

21  reenacted to read:

22         775.087  Possession or use of weapon; aggravated

23  battery; felony reclassification; minimum sentence.--

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

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

26  weapon is an element of the felony, and the conviction was

27  for:

28         a.  Murder;

29         b.  Sexual battery;

30         c.  Robbery;

31         d.  Burglary;

                                  18

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         e.  Arson;

 2         f.  Aggravated assault;

 3         g.  Aggravated battery;

 4         h.  Kidnapping;

 5         i.  Escape;

 6         j.  Aircraft piracy;

 7         k.  Aggravated child abuse;

 8         l.  Aggravated abuse of an elderly person or disabled

 9  adult;

10         m.  Unlawful throwing, placing, or discharging of a

11  destructive device or bomb;

12         n.  Carjacking;

13         o.  Home-invasion robbery;

14         p.  Aggravated stalking;

15         q.  Trafficking in cannabis, trafficking in cocaine,

16  capital importation of cocaine, trafficking in illegal drugs,

17  capital importation of illegal drugs, trafficking in

18  phencyclidine, capital importation of phencyclidine,

19  trafficking in methaqualone, capital importation of

20  methaqualone, trafficking in amphetamine, capital importation

21  of amphetamine, trafficking in flunitrazepam, trafficking in

22  gamma-hydroxybutyric acid (GHB), trafficking in

23  1,4-Butanediol, trafficking in Phenethylamines, or other

24  violation of s. 893.135(1); or

25         r.  Possession of a firearm by a felon

26  

27  and during the commission of the offense, such person actually

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

29  are defined in s. 790.001, shall be sentenced to a minimum

30  term of imprisonment of 10 years, except that a person who is

31  convicted for aggravated assault, possession of a firearm by a

                                  19

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  felon, or burglary of a conveyance shall be sentenced to a

 2  minimum term of imprisonment of 3 years if such person

 3  possessed a "firearm" or "destructive device" during the

 4  commission of the offense.

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

 6  attempt to commit a felony listed in sub-subparagraphs

 7  (a)1.a.-q., regardless of whether the use of a weapon is an

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

 9  of the felony such person discharged a "firearm" or

10  "destructive device" as defined in s. 790.001 shall be

11  sentenced to a minimum term of imprisonment of 20 years.

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

13  attempt to commit a felony listed in sub-subparagraphs

14  (a)1.a.-q., regardless of whether the use of a weapon is an

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

16  of the felony such person discharged a "firearm" or

17  "destructive device" as defined in s. 790.001 and, as the

18  result of the discharge, death or great bodily harm was

19  inflicted upon any person, the convicted person shall be

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

21  25 years and not more than a term of imprisonment of life in

22  prison.

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

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

25  firearm is an element of the felony, and the conviction was

26  for:

27         a.  Murder;

28         b.  Sexual battery;

29         c.  Robbery;

30         d.  Burglary;

31         e.  Arson;

                                  20

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         f.  Aggravated assault;

 2         g.  Aggravated battery;

 3         h.  Kidnapping;

 4         i.  Escape;

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

 6  manufacture, or deliver any controlled substance;

 7         k.  Aircraft piracy;

 8         l.  Aggravated child abuse;

 9         m.  Aggravated abuse of an elderly person or disabled

10  adult;

11         n.  Unlawful throwing, placing, or discharging of a

12  destructive device or bomb;

13         o.  Carjacking;

14         p.  Home-invasion robbery;

15         q.  Aggravated stalking; or

16         r.  Trafficking in cannabis, trafficking in cocaine,

17  capital importation of cocaine, trafficking in illegal drugs,

18  capital importation of illegal drugs, trafficking in

19  phencyclidine, capital importation of phencyclidine,

20  trafficking in methaqualone, capital importation of

21  methaqualone, trafficking in amphetamine, capital importation

22  of amphetamine, trafficking in flunitrazepam, trafficking in

23  gamma-hydroxybutyric acid (GHB), trafficking in

24  1,4-Butanediol, trafficking in Phenethylamines, or other

25  violation of s. 893.135(1);

26  

27  and during the commission of the offense, such person

28  possessed a semiautomatic firearm and its high-capacity

29  detachable box magazine or a machine gun as defined in s.

30  790.001, shall be sentenced to a minimum term of imprisonment

31  of 15 years.

                                  21

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




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

 2  attempt to commit a felony listed in subparagraph (a)1.,

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

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

 5  such person discharged a semiautomatic firearm and its

 6  high-capacity box magazine or a "machine gun" as defined in s.

 7  790.001 shall be sentenced to a minimum term of imprisonment

 8  of 20 years.

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

10  attempt to commit a felony listed in subparagraph (a)1.,

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

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

13  such person discharged a semiautomatic firearm and its

14  high-capacity box magazine or a "machine gun" as defined in s.

15  790.001 and, as the result of the discharge, death or great

16  bodily harm was inflicted upon any person, the convicted

17  person shall be sentenced to a minimum term of imprisonment of

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

19  imprisonment of life in prison.

20         Section 12.  For the purpose of incorporating the

21  amendment to section 893.135, Florida Statutes, in references

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

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

24  782.04, Florida Statutes, are reenacted to read:

25         782.04  Murder.--

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

27         1.  When perpetrated from a premeditated design to

28  effect the death of the person killed or any human being;

29         2.  When committed by a person engaged in the

30  perpetration of, or in the attempt to perpetrate, any:

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

                                  22

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         b.  Arson,

 2         c.  Sexual battery,

 3         d.  Robbery,

 4         e.  Burglary,

 5         f.  Kidnapping,

 6         g.  Escape,

 7         h.  Aggravated child abuse,

 8         i.  Aggravated abuse of an elderly person or disabled

 9  adult,

10         j.  Aircraft piracy,

11         k.  Unlawful throwing, placing, or discharging of a

12  destructive device or bomb,

13         l.  Carjacking,

14         m.  Home-invasion robbery,

15         n.  Aggravated stalking,

16         o.  Murder of another human being,

17         p.  Resisting an officer with violence to his or her

18  person,

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

20  furtherance of an act of terrorism; or

21         3.  Which resulted from the unlawful distribution of

22  any substance controlled under s. 893.03(1), cocaine as

23  described in s. 893.03(2)(a)4., or opium or any synthetic or

24  natural salt, compound, derivative, or preparation of opium by

25  a person 18 years of age or older, when such drug is proven to

26  be the proximate cause of the death of the user,

27  

28  is murder in the first degree and constitutes a capital

29  felony, punishable as provided in s. 775.082.

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

31  in the attempt to perpetrate, any:

                                  23

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




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

 2  

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

 4  of or in the attempt to perpetrate such felony, the person

 5  perpetrating or attempting to perpetrate such felony is guilty

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

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

 8  years not exceeding life or as provided in s. 775.082, s.

 9  775.083, or s. 775.084.

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

11  perpetrated without any design to effect death, by a person

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

13  perpetrate, any felony other than any:

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

15  

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

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

18  775.083, or s. 775.084.

19         Section 13.  For the purpose of incorporating the

20  amendment to section 893.033, Florida Statutes, in a reference

21  thereto, subsection (12) of section 893.02, Florida Statutes,

22  is reenacted to read:

23         893.02  Definitions.--The following words and phrases

24  as used in this chapter shall have the following meanings,

25  unless the context otherwise requires:

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

27  essential chemical named or described in s. 893.033.

28         Section 14.  For the purpose of incorporating the

29  amendment to sections 893.13 and 893.135, Florida Statutes, in

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

31  Florida Statutes, is reenacted to read:

                                  24

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         893.1351  Lease or rent for the purpose of trafficking

 2  in a controlled substance.--

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

 4  structure, or part thereof, trailer, or other conveyance, with

 5  the knowledge that such place, structure, trailer, or

 6  conveyance will be used for the purpose of trafficking in a

 7  controlled substance, as provided in s. 893.135, or the sale

 8  of a controlled substance, as provided in s. 893.13.

 9         Section 15.  For the purpose of incorporating the

10  amendment to sections 893.13 and 893.135, Florida Statutes, in

11  references thereto, section 903.133, Florida Statutes, is

12  reenacted to read:

13         903.133  Bail on appeal; prohibited for certain felony

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

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

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

17  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a

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

19  pending review either by posttrial motion or appeal.

20         Section 16.  For the purpose of incorporating the

21  amendment to section 893.135, Florida Statutes, in a reference

22  thereto, paragraph (c) of subsection (4) of section 907.041,

23  Florida Statutes, is reenacted to read:

24         907.041  Pretrial detention and release.--

25         (4)  PRETRIAL DETENTION.--

26         (c)  The court may order pretrial detention if it finds

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

28  present patterns of behavior, the criteria in s. 903.046, and

29  any other relevant facts, that any of the following

30  circumstances exists:

31  

                                  25

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         1.  The defendant has previously violated conditions of

 2  release and that no further conditions of release are

 3  reasonably likely to assure the defendant's appearance at

 4  subsequent proceedings;

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

 6  judicial process, has threatened, intimidated, or injured any

 7  victim, potential witness, juror, or judicial officer, or has

 8  attempted or conspired to do so, and that no condition of

 9  release will reasonably prevent the obstruction of the

10  judicial process;

11         3.  The defendant is charged with trafficking in

12  controlled substances as defined by s. 893.135, that there is

13  a substantial probability that the defendant has committed the

14  offense, and that no conditions of release will reasonably

15  assure the defendant's appearance at subsequent criminal

16  proceedings; or

17         4.  The defendant is charged with DUI manslaughter, as

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

19  probability that the defendant committed the crime and that

20  the defendant poses a threat of harm to the community;

21  conditions that would support a finding by the court pursuant

22  to this subparagraph that the defendant poses a threat of harm

23  to the community include, but are not limited to, any of the

24  following:

25         a.  The defendant has previously been convicted of any

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

27  territory of the United States that is substantially similar

28  to any crime under s. 316.193;

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

30  license when the charged crime was committed; or

31  

                                  26

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




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

 2  or has had adjudication of guilt withheld for, driving while

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

 4  violation of s. 322.34;

 5         5.  The defendant poses the threat of harm to the

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

 7  defendant is presently charged with a dangerous crime, that

 8  there is a substantial probability that the defendant

 9  committed such crime, that the factual circumstances of the

10  crime indicate a disregard for the safety of the community,

11  and that there are no conditions of release reasonably

12  sufficient to protect the community from the risk of physical

13  harm to persons.

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

15  release pending completion of sentence or on pretrial release

16  for a dangerous crime at the time the current offense was

17  committed; or

18         7.  The defendant has violated one or more conditions

19  of pretrial release or bond for the offense currently before

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

21  supports a finding that no conditions of release can

22  reasonably protect the community from risk of physical harm to

23  persons or assure the presence of the accused at trial.

24         Section 17.  For the purpose of incorporating the

25  amendment to section 893.135, Florida Statutes, in a reference

26  thereto, paragraphs (g), (h), and (i) of subsection (3) of

27  section 921.0022, Florida Statutes, are reenacted to read:

28         921.0022  Criminal Punishment Code; offense severity

29  ranking chart.--

30         (3)  OFFENSE SEVERITY RANKING CHART

31  

                                  27

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  Florida           Felony             Description

 2  Statute           Degree

 3                              (g)  LEVEL 7

 4  316.027(1)(b)      2nd      Accident involving death, failure

 5                              to stop; leaving scene.

 6  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

 7                              injury.

 8  316.1935(3)(b)     1st      Causing serious bodily injury or

 9                              death to another person; driving

10                              at high speed or with wanton

11                              disregard for safety while

12                              fleeing or attempting to elude

13                              law enforcement officer who is in

14                              a patrol vehicle with siren and

15                              lights activated.

16  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

17                              bodily injury.

18  402.319(2)         2nd      Misrepresentation and negligence

19                              or intentional act resulting in

20                              great bodily harm, permanent

21                              disfiguration, permanent

22                              disability, or death.

23  409.920(2)         3rd      Medicaid provider fraud.

24  456.065(2)         3rd      Practicing a health care

25                              profession without a license.

26  456.065(2)         2nd      Practicing a health care

27                              profession without a license

28                              which results in serious bodily

29                              injury.

30  458.327(1)         3rd      Practicing medicine without a

31                              license.

                                  28

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  459.013(1)         3rd      Practicing osteopathic medicine

 2                              without a license.

 3  460.411(1)         3rd      Practicing chiropractic medicine

 4                              without a license.

 5  461.012(1)         3rd      Practicing podiatric medicine

 6                              without a license.

 7  462.17             3rd      Practicing naturopathy without a

 8                              license.

 9  463.015(1)         3rd      Practicing optometry without a

10                              license.

11  464.016(1)         3rd      Practicing nursing without a

12                              license.

13  465.015(2)         3rd      Practicing pharmacy without a

14                              license.

15  466.026(1)         3rd      Practicing dentistry or dental

16                              hygiene without a license.

17  467.201            3rd      Practicing midwifery without a

18                              license.

19  468.366            3rd      Delivering respiratory care

20                              services without a license.

21  483.828(1)         3rd      Practicing as clinical laboratory

22                              personnel without a license.

23  483.901(9)         3rd      Practicing medical physics

24                              without a license.

25  484.013(1)(c)      3rd      Preparing or dispensing optical

26                              devices without a prescription.

27  484.053            3rd      Dispensing hearing aids without a

28                              license.

29  

30  

31  

                                  29

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  494.0018(2)        1st      Conviction of any violation of

 2                              ss. 494.001-494.0077 in which the

 3                              total money and property

 4                              unlawfully obtained exceeded

 5                              $50,000 and there were five or

 6                              more victims.

 7  560.123(8)(b)1.    3rd      Failure to report currency or

 8                              payment instruments exceeding

 9                              $300 but less than $20,000 by

10                              money transmitter.

11  560.125(5)(a)      3rd      Money transmitter business by

12                              unauthorized person, currency or

13                              payment instruments exceeding

14                              $300 but less than $20,000.

15  655.50(10)(b)1.    3rd      Failure to report financial

16                              transactions exceeding $300 but

17                              less than $20,000 by financial

18                              institution.

19  782.051(3)         2nd      Attempted felony murder of a

20                              person by a person other than the

21                              perpetrator or the perpetrator of

22                              an attempted felony.

23  782.07(1)          2nd      Killing of a human being by the

24                              act, procurement, or culpable

25                              negligence of another

26                              (manslaughter).

27  782.071            2nd      Killing of human being or viable

28                              fetus by the operation of a motor

29                              vehicle in a reckless manner

30                              (vehicular homicide).

31  

                                  30

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  782.072            2nd      Killing of a human being by the

 2                              operation of a vessel in a

 3                              reckless manner (vessel

 4                              homicide).

 5  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

 6                              causing great bodily harm or

 7                              disfigurement.

 8  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

 9                              weapon.

10  784.045(1)(b)      2nd      Aggravated battery; perpetrator

11                              aware victim pregnant.

12  784.048(4)         3rd      Aggravated stalking; violation of

13                              injunction or court order.

14  784.048(7)         3rd      Aggravated stalking; violation of

15                              court order.

16  784.07(2)(d)       1st      Aggravated battery on law

17                              enforcement officer.

18  784.074(1)(a)      1st      Aggravated battery on sexually

19                              violent predators facility staff.

20  784.08(2)(a)       1st      Aggravated battery on a person 65

21                              years of age or older.

22  784.081(1)         1st      Aggravated battery on specified

23                              official or employee.

24  784.082(1)         1st      Aggravated battery by detained

25                              person on visitor or other

26                              detainee.

27  784.083(1)         1st      Aggravated battery on code

28                              inspector.

29  790.07(4)          1st      Specified weapons violation

30                              subsequent to previous conviction

31                              of s. 790.07(1) or (2).

                                  31

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  790.16(1)          1st      Discharge of a machine gun under

 2                              specified circumstances.

 3  790.165(2)         2nd      Manufacture, sell, possess, or

 4                              deliver hoax bomb.

 5  790.165(3)         2nd      Possessing, displaying, or

 6                              threatening to use any hoax bomb

 7                              while committing or attempting to

 8                              commit a felony.

 9  790.166(3)         2nd      Possessing, selling, using, or

10                              attempting to use a hoax weapon

11                              of mass destruction.

12  790.166(4)         2nd      Possessing, displaying, or

13                              threatening to use a hoax weapon

14                              of mass destruction while

15                              committing or attempting to

16                              commit a felony.

17  796.03             2nd      Procuring any person under 16

18                              years for prostitution.

19  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

20                              victim less than 12 years of age;

21                              offender less than 18 years.

22  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

23                              victim 12 years of age or older

24                              but less than 16 years; offender

25                              18 years or older.

26  806.01(2)          2nd      Maliciously damage structure by

27                              fire or explosive.

28  810.02(3)(a)       2nd      Burglary of occupied dwelling;

29                              unarmed; no assault or battery.

30  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

31                              unarmed; no assault or battery.

                                  32

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  810.02(3)(d)       2nd      Burglary of occupied conveyance;

 2                              unarmed; no assault or battery.

 3  812.014(2)(a)1.    1st      Property stolen, valued at

 4                              $100,000 or more; property stolen

 5                              while causing other property

 6                              damage; 1st degree grand theft.

 7  812.014(2)(b)2.    2nd      Property stolen, cargo valued at

 8                              less than $50,000, grand theft in

 9                              2nd degree.

10  812.014(2)(b)3.    2nd      Property stolen, emergency

11                              medical equipment; 2nd degree

12                              grand theft.

13  812.0145(2)(a)     1st      Theft from person 65 years of age

14                              or older; $50,000 or more.

15  812.019(2)         1st      Stolen property; initiates,

16                              organizes, plans, etc., the theft

17                              of property and traffics in

18                              stolen property.

19  812.131(2)(a)      2nd      Robbery by sudden snatching.

20  812.133(2)(b)      1st      Carjacking; no firearm, deadly

21                              weapon, or other weapon.

22  817.234(8)(a)      2nd      Solicitation of motor vehicle

23                              accident victims with intent to

24                              defraud.

25  817.234(9)         2nd      Organizing, planning, or

26                              participating in an intentional

27                              motor vehicle collision.

28  817.234(11)(c)     1st      Insurance fraud; property value

29                              $100,000 or more.

30  

31  

                                  33

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  817.2341(2)(b) & (3)(b)1st      Making false entries of material

 2                              fact or false statements

 3                              regarding property values

 4                              relating to the solvency of an

 5                              insuring entity which are a

 6                              significant cause of the

 7                              insolvency of that entity.

 8  825.102(3)(b)      2nd      Neglecting an elderly person or

 9                              disabled adult causing great

10                              bodily harm, disability, or

11                              disfigurement.

12  825.103(2)(b)      2nd      Exploiting an elderly person or

13                              disabled adult and property is

14                              valued at $20,000 or more, but

15                              less than $100,000.

16  827.03(3)(b)       2nd      Neglect of a child causing great

17                              bodily harm, disability, or

18                              disfigurement.

19  827.04(3)          3rd      Impregnation of a child under 16

20                              years of age by person 21 years

21                              of age or older.

22  837.05(2)          3rd      Giving false information about

23                              alleged capital felony to a law

24                              enforcement officer.

25  838.015            2nd      Bribery.

26  838.016            2nd      Unlawful compensation or reward

27                              for official behavior.

28  838.021(3)(a)      2nd      Unlawful harm to a public

29                              servant.

30  838.22             2nd      Bid tampering.

31  872.06             2nd      Abuse of a dead human body.

                                  34

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

 2                              cocaine (or other drug prohibited

 3                              under s. 893.03(1)(a), (1)(b),

 4                              (1)(d), (2)(a), (2)(b), or

 5                              (2)(c)4.) within 1,000 feet of a

 6                              child care facility, school, or

 7                              state, county, or municipal park

 8                              or publicly owned recreational

 9                              facility or community center.

10  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

11                              cocaine or other drug prohibited

12                              under s. 893.03(1)(a), (1)(b),

13                              (1)(d), (2)(a), (2)(b), or

14                              (2)(c)4., within 1,000 feet of

15                              property used for religious

16                              services or a specified business

17                              site.

18  893.13(4)(a)       1st      Deliver to minor cocaine (or

19                              other s. 893.03(1)(a), (1)(b),

20                              (1)(d), (2)(a), (2)(b), or

21                              (2)(c)4. drugs).

22  893.135(1)(a)1.    1st      Trafficking in cannabis, more

23                              than 25 lbs., less than 2,000

24                              lbs.

25  893.135(1)(b)1.a.  1st      Trafficking in cocaine, more than

26                              28 grams, less than 200 grams.

27  893.135(1)(c)1.a.  1st      Trafficking in illegal drugs,

28                              more than 4 grams, less than 14

29                              grams.

30  

31  

                                  35

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  893.135(1)(d)1.    1st      Trafficking in phencyclidine,

 2                              more than 28 grams, less than 200

 3                              grams.

 4  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

 5                              than 200 grams, less than 5

 6                              kilograms.

 7  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

 8                              than 14 grams, less than 28

 9                              grams.

10  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4

11                              grams or more, less than 14

12                              grams.

13  893.135(1)(h)1.a.  1st      Trafficking in

14                              gamma-hydroxybutyric acid (GHB),

15                              1 kilogram or more, less than 5

16                              kilograms.

17  893.135(1)(j)1.a.  1st      Trafficking in 1,4-Butanediol, 1

18                              kilogram or more, less than 5

19                              kilograms.

20  893.135(1)(k)2.a.  1st      Trafficking in Phenethylamines,

21                              10 grams or more, less than 200

22                              grams.

23  896.101(5)(a)      3rd      Money laundering, financial

24                              transactions exceeding $300 but

25                              less than $20,000.

26  896.104(4)(a)1.    3rd      Structuring transactions to evade

27                              reporting or registration

28                              requirements, financial

29                              transactions exceeding $300 but

30                              less than $20,000.

31                              (h)  LEVEL 8

                                  36

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  316.193(3)(c)3.a.  2nd      DUI manslaughter.

 2  316.1935(4)(b)     1st      Aggravated fleeing or attempted

 3                              eluding with serious bodily

 4                              injury or death.

 5  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

 6  499.0051(7)        1st      Forgery of prescription or legend

 7                              drug labels.

 8  499.0052           1st      Trafficking in contraband legend

 9                              drugs.

10  560.123(8)(b)2.    2nd      Failure to report currency or

11                              payment instruments totaling or

12                              exceeding $20,000, but less than

13                              $100,000 by money transmitter.

14  560.125(5)(b)      2nd      Money transmitter business by

15                              unauthorized person, currency or

16                              payment instruments totaling or

17                              exceeding $20,000, but less than

18                              $100,000.

19  655.50(10)(b)2.    2nd      Failure to report financial

20                              transactions totaling or

21                              exceeding $20,000, but less than

22                              $100,000 by financial

23                              institutions.

24  777.03(2)(a)       1st      Accessory after the fact, capital

25                              felony.

26  

27  

28  

29  

30  

31  

                                  37

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  782.04(4)          2nd      Killing of human without design

 2                              when engaged in act or attempt of

 3                              any felony other than arson,

 4                              sexual battery, robbery,

 5                              burglary, kidnapping, aircraft

 6                              piracy, or unlawfully discharging

 7                              bomb.

 8  782.051(2)         1st      Attempted felony murder while

 9                              perpetrating or attempting to

10                              perpetrate a felony not

11                              enumerated in s. 782.04(3).

12  782.071(1)(b)      1st      Committing vehicular homicide and

13                              failing to render aid or give

14                              information.

15  782.072(2)         1st      Committing vessel homicide and

16                              failing to render aid or give

17                              information.

18  790.161(3)         1st      Discharging a destructive device

19                              which results in bodily harm or

20                              property damage.

21  794.011(5)         2nd      Sexual battery, victim 12 years

22                              or over, offender does not use

23                              physical force likely to cause

24                              serious injury.

25  800.04(4)          2nd      Lewd or lascivious battery.

26  806.01(1)          1st      Maliciously damage dwelling or

27                              structure by fire or explosive,

28                              believing person in structure.

29  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

30  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

31                              or dangerous weapon.

                                  38

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  810.02(2)(c)       1st      Burglary of a dwelling or

 2                              structure causing structural

 3                              damage or $1,000 or more property

 4                              damage.

 5  812.014(2)(a)2.    1st      Property stolen; cargo valued at

 6                              $50,000 or more, grand theft in

 7                              1st degree.

 8  812.13(2)(b)       1st      Robbery with a weapon.

 9  812.135(2)(c)      1st      Home-invasion robbery, no

10                              firearm, deadly weapon, or other

11                              weapon.

12  817.568(6)         2nd      Fraudulent use of personal

13                              identification information of an

14                              individual under the age of 18.

15  825.102(2)         2nd      Aggravated abuse of an elderly

16                              person or disabled adult.

17  825.1025(2)        2nd      Lewd or lascivious battery upon

18                              an elderly person or disabled

19                              adult.

20  825.103(2)(a)      1st      Exploiting an elderly person or

21                              disabled adult and property is

22                              valued at $100,000 or more.

23  837.02(2)          2nd      Perjury in official proceedings

24                              relating to prosecution of a

25                              capital felony.

26  837.021(2)         2nd      Making contradictory statements

27                              in official proceedings relating

28                              to prosecution of a capital

29                              felony.

30  

31  

                                  39

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  860.121(2)(c)      1st      Shooting at or throwing any

 2                              object in path of railroad

 3                              vehicle resulting in great bodily

 4                              harm.

 5  860.16             1st      Aircraft piracy.

 6  893.13(1)(b)       1st      Sell or deliver in excess of 10

 7                              grams of any substance specified

 8                              in s. 893.03(1)(a) or (b).

 9  893.13(2)(b)       1st      Purchase in excess of 10 grams of

10                              any substance specified in s.

11                              893.03(1)(a) or (b).

12  893.13(6)(c)       1st      Possess in excess of 10 grams of

13                              any substance specified in s.

14                              893.03(1)(a) or (b).

15  893.135(1)(a)2.    1st      Trafficking in cannabis, more

16                              than 2,000 lbs., less than 10,000

17                              lbs.

18  893.135(1)(b)1.b.  1st      Trafficking in cocaine, more than

19                              200 grams, less than 400 grams.

20  893.135(1)(c)1.b.  1st      Trafficking in illegal drugs,

21                              more than 14 grams, less than 28

22                              grams.

23  893.135(1)(d)1.b.  1st      Trafficking in phencyclidine,

24                              more than 200 grams, less than

25                              400 grams.

26  893.135(1)(e)1.b.  1st      Trafficking in methaqualone, more

27                              than 5 kilograms, less than 25

28                              kilograms.

29  893.135(1)(f)1.b.  1st      Trafficking in amphetamine, more

30                              than 28 grams, less than 200

31                              grams.

                                  40

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  893.135(1)(g)1.b.  1st      Trafficking in flunitrazepam, 14

 2                              grams or more, less than 28

 3                              grams.

 4  893.135(1)(h)1.b.  1st      Trafficking in

 5                              gamma-hydroxybutyric acid (GHB),

 6                              5 kilograms or more, less than 10

 7                              kilograms.

 8  893.135(1)(j)1.b.  1st      Trafficking in 1,4-Butanediol, 5

 9                              kilograms or more, less than 10

10                              kilograms.

11  893.135(1)(k)2.b.  1st      Trafficking in Phenethylamines,

12                              200 grams or more, less than 400

13                              grams.

14  895.03(1)          1st      Use or invest proceeds derived

15                              from pattern of racketeering

16                              activity.

17  895.03(2)          1st      Acquire or maintain through

18                              racketeering activity any

19                              interest in or control of any

20                              enterprise or real property.

21  895.03(3)          1st      Conduct or participate in any

22                              enterprise through pattern of

23                              racketeering activity.

24  896.101(5)(b)      2nd      Money laundering, financial

25                              transactions totaling or

26                              exceeding $20,000, but less than

27                              $100,000.

28  

29  

30  

31  

                                  41

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  896.104(4)(a)2.    2nd      Structuring transactions to evade

 2                              reporting or registration

 3                              requirements, financial

 4                              transactions totaling or

 5                              exceeding $20,000 but less than

 6                              $100,000.

 7                              (i)  LEVEL 9

 8  316.193(3)(c)3.b.  1st      DUI manslaughter; failing to

 9                              render aid or give information.

10  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

11                              render aid or give information.

12  499.0053           1st      Sale or purchase of contraband

13                              legend drugs resulting in great

14                              bodily harm.

15  560.123(8)(b)3.    1st      Failure to report currency or

16                              payment instruments totaling or

17                              exceeding $100,000 by money

18                              transmitter.

19  560.125(5)(c)      1st      Money transmitter business by

20                              unauthorized person, currency, or

21                              payment instruments totaling or

22                              exceeding $100,000.

23  655.50(10)(b)3.    1st      Failure to report financial

24                              transactions totaling or

25                              exceeding $100,000 by financial

26                              institution.

27  775.0844           1st      Aggravated white collar crime.

28  782.04(1)          1st      Attempt, conspire, or solicit to

29                              commit premeditated murder.

30  

31  

                                  42

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  782.04(3)          1st,PBL  Accomplice to murder in

 2                              connection with arson, sexual

 3                              battery, robbery, burglary, and

 4                              other specified felonies.

 5  782.051(1)         1st      Attempted felony murder while

 6                              perpetrating or attempting to

 7                              perpetrate a felony enumerated in

 8                              s. 782.04(3).

 9  782.07(2)          1st      Aggravated manslaughter of an

10                              elderly person or disabled adult.

11  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

12                              reward or as a shield or hostage.

13  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

14                              or facilitate commission of any

15                              felony.

16  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

17                              interfere with performance of any

18                              governmental or political

19                              function.

20  787.02(3)(a)       1st      False imprisonment; child under

21                              age 13; perpetrator also commits

22                              aggravated child abuse, sexual

23                              battery, or lewd or lascivious

24                              battery, molestation, conduct, or

25                              exhibition.

26  790.161            1st      Attempted capital destructive

27                              device offense.

28  790.166(2)         1st,PBL  Possessing, selling, using, or

29                              attempting to use a weapon of

30                              mass destruction.

31  

                                  43

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  794.011(2)         1st      Attempted sexual battery; victim

 2                              less than 12 years of age.

 3  794.011(2)         Life     Sexual battery; offender younger

 4                              than 18 years and commits sexual

 5                              battery on a person less than 12

 6                              years.

 7  794.011(4)         1st      Sexual battery; victim 12 years

 8                              or older, certain circumstances.

 9  794.011(8)(b)      1st      Sexual battery; engage in sexual

10                              conduct with minor 12 to 18 years

11                              by person in familial or

12                              custodial authority.

13  800.04(5)(b)       1st      Lewd or lascivious molestation;

14                              victim less than 12 years;

15                              offender 18 years or older.

16  812.13(2)(a)       1st,PBL  Robbery with firearm or other

17                              deadly weapon.

18  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

19                              deadly weapon.

20  812.135(2)(b)      1st      Home-invasion robbery with

21                              weapon.

22  817.568(7)         2nd,PBL  Fraudulent use of personal

23                              identification information of an

24                              individual under the age of 18 by

25                              his or her parent, legal

26                              guardian, or person exercising

27                              custodial authority.

28  827.03(2)          1st      Aggravated child abuse.

29  847.0145(1)        1st      Selling, or otherwise

30                              transferring custody or control,

31                              of a minor.

                                  44

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  847.0145(2)        1st      Purchasing, or otherwise

 2                              obtaining custody or control, of

 3                              a minor.

 4  859.01             1st      Poisoning or introducing

 5                              bacteria, radioactive materials,

 6                              viruses, or chemical compounds

 7                              into food, drink, medicine, or

 8                              water with intent to kill or

 9                              injure another person.

10  893.135            1st      Attempted capital trafficking

11                              offense.

12  893.135(1)(a)3.    1st      Trafficking in cannabis, more

13                              than 10,000 lbs.

14  893.135(1)(b)1.c.  1st      Trafficking in cocaine, more than

15                              400 grams, less than 150

16                              kilograms.

17  893.135(1)(c)1.c.  1st      Trafficking in illegal drugs,

18                              more than 28 grams, less than 30

19                              kilograms.

20  893.135(1)(d)1.c.  1st      Trafficking in phencyclidine,

21                              more than 400 grams.

22  893.135(1)(e)1.c.  1st      Trafficking in methaqualone, more

23                              than 25 kilograms.

24  893.135(1)(f)1.c.  1st      Trafficking in amphetamine, more

25                              than 200 grams.

26  893.135(1)(h)1.c.  1st      Trafficking in

27                              gamma-hydroxybutyric acid (GHB),

28                              10 kilograms or more.

29  893.135(1)(j)1.c.  1st      Trafficking in 1,4-Butanediol, 10

30                              kilograms or more.

31  

                                  45

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  893.135(1)(k)2.c.  1st      Trafficking in Phenethylamines,

 2                              400 grams or more.

 3  896.101(5)(c)      1st      Money laundering, financial

 4                              instruments totaling or exceeding

 5                              $100,000.

 6  896.104(4)(a)3.    1st      Structuring transactions to evade

 7                              reporting or registration

 8                              requirements, financial

 9                              transactions totaling or

10                              exceeding $100,000.

11         Section 18.  For the purpose of incorporating the

12  amendment to section 893.135, Florida Statutes, in a reference

13  thereto, subsection (1) of section 921.0024, Florida Statutes,

14  is reenacted to read:

15         921.0024  Criminal Punishment Code; worksheet

16  computations; scoresheets.--

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

18  to compute the subtotal and total sentence points as follows:

19  

20                 FLORIDA CRIMINAL PUNISHMENT CODE

21                            WORKSHEET

22  

23                          OFFENSE SCORE

24  

25                         Primary Offense

26  Level         Sentence Points                            Total

27  ..............................................................

28    10               116                             =      ....

29     9                92                             =      ....

30     8                74                             =      ....

31     7                56                             =      ....

                                  46

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1     6                36                             =      ....

 2     5                28                             =      ....

 3     4                22                             =      ....

 4     3                16                             =      ....

 5     2                10                             =      ....

 6     1                 4                             =      ....

 7      

 8  ..............................................................

 9                                                     Total      

10  

11                       Additional Offenses

12  Level         Sentence Points            Counts          Total

13  ..............................................................

14    10                58             x      ....     =      ....

15     9                46             x      ....     =      ....

16     8                37             x      ....     =      ....

17     7                28             x      ....     =      ....

18     6                18             x      ....     =      ....

19     5               5.4             x      ....     =      ....

20     4               3.6             x      ....     =      ....

21     3               2.4             x      ....     =      ....

22     2               1.2             x      ....     =      ....

23     1               0.7             x      ....     =      ....

24     M               0.2             x      ....     =      ....

25      

26  ..............................................................

27                                                     Total      

28  

29                          Victim Injury

30  Level         Sentence Points            Number          Total

31  ..............................................................

                                  47

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1    2nd degree

 2      murder-

 3      death          240             x      ....     =      ....

 4    Death            120             x      ....     =      ....

 5    Severe            40             x      ....     =      ....

 6    Moderate          18             x      ....     =      ....

 7    Slight             4             x      ....     =      ....

 8    Sexual

 9      penetration     80             x      ....     =      ....

10    Sexual

11      contact         40             x      ....     =      ....

12    

13  ..............................................................

14                                                     Total      

15  

16  Primary Offense + Additional Offenses + Victim Injury =

17                       TOTAL OFFENSE SCORE

18  

19                        PRIOR RECORD SCORE

20  

21                           Prior Record

22  Level         Sentence Points            Number          Total

23  ..............................................................

24    10                29             x      ....     =      ....

25     9                23             x      ....     =      ....

26     8                19             x      ....     =      ....

27     7                14             x      ....     =      ....

28     6                 9             x      ....     =      ....

29     5               3.6             x      ....     =      ....

30     4               2.4             x      ....     =      ....

31     3               1.6             x      ....     =      ....

                                  48

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1     2               0.8             x      ....     =      ....

 2     1               0.5             x      ....     =      ....

 3     M               0.2             x      ....     =      ....

 4      

 5  ..............................................................

 6                                                     Total      

 7  

 8     TOTAL OFFENSE SCORE........................................

 9     TOTAL PRIOR RECORD SCORE...................................

10  

11     LEGAL STATUS...............................................

12     COMMUNITY SANCTION VIOLATION...............................

13     PRIOR SERIOUS FELONY.......................................

14     PRIOR CAPITAL FELONY.......................................

15     FIREARM OR SEMIAUTOMATIC WEAPON............................

16                                                SUBTOTAL........

17  

18     PRISON RELEASEE REOFFENDER (no)(yes).......................

19     VIOLENT CAREER CRIMINAL (no)(yes)..........................

20     HABITUAL VIOLENT OFFENDER (no)(yes)........................

21     HABITUAL OFFENDER (no)(yes)................................

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

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

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

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

26     DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD

27  (no)(yes) (x multiplier)......................................

28  ..............................................................

29                                   TOTAL SENTENCE POINTS........

30  

31                       (b)  WORKSHEET KEY:

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  

 2  Legal status points are assessed when any form of legal status

 3  existed at the time the offender committed an offense before

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

 5  assessed for an offender's legal status.

 6  

 7  Community sanction violation points are assessed when a

 8  community sanction violation is before the court for

 9  sentencing.  Six (6) sentence points are assessed for each

10  community sanction violation, and each successive community

11  sanction violation; however, if the community sanction

12  violation includes a new felony conviction before the

13  sentencing court, twelve (12) community sanction violation

14  points are assessed for such violation, and for each

15  successive community sanction violation involving a new felony

16  conviction. Multiple counts of community sanction violations

17  before the sentencing court shall not be a basis for

18  multiplying the assessment of community sanction violation

19  points.

20  

21  Prior serious felony points: If the offender has a primary

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

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

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

25  section, a prior serious felony is an offense in the

26  offender's prior record that is ranked in level 8, level 9, or

27  level 10 under s. 921.0022 or s. 921.0023 and for which the

28  offender is serving a sentence of confinement, supervision, or

29  other sanction or for which the offender's date of release

30  from confinement, supervision, or other sanction, whichever is

31  

                                  50

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  later, is within 3 years before the date the primary offense

 2  or any additional offense was committed.

 3  

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

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

 6  points shall be added to the subtotal sentence points of the

 7  offender equal to twice the number of points the offender

 8  receives for the primary offense and any additional offense. A

 9  prior capital felony in the offender's criminal record is a

10  previous capital felony offense for which the offender has

11  entered a plea of nolo contendere or guilty or has been found

12  guilty; or a felony in another jurisdiction which is a capital

13  felony in that jurisdiction, or would be a capital felony if

14  the offense were committed in this state.

15  

16  Possession of a firearm, semiautomatic firearm, or machine

17  gun:  If the offender is convicted of committing or attempting

18  to commit any felony other than those enumerated in s.

19  775.087(2) while having in his or her possession: a firearm as

20  defined in s. 790.001(6), an additional 18 sentence points are

21  assessed; or if the offender is convicted of committing or

22  attempting to commit any felony other than those enumerated in

23  s. 775.087(3) while having in his or her possession a

24  semiautomatic firearm as defined in s. 775.087(3) or a machine

25  gun as defined in s. 790.001(9), an additional 25 sentence

26  points are assessed.

27  

28  Sentencing multipliers:

29  

30  Drug trafficking: If the primary offense is drug trafficking

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

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




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

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

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

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

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

 6  

 7  Law enforcement protection: If the primary offense is a

 8  violation of the Law Enforcement Protection Act under s.

 9  775.0823(2), the subtotal sentence points are multiplied by

10  2.5.  If the primary offense is a violation of s. 775.0823(3),

11  (4), (5), (6), (7), or (8), the subtotal sentence points are

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

13  784.07(3) or s. 775.0875(1), or of the Law Enforcement

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

15  sentence points are multiplied by 1.5.

16  

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

18  grand theft of the third degree involving a motor vehicle and

19  in the offender's prior record, there are three or more grand

20  thefts of the third degree involving a motor vehicle, the

21  subtotal sentence points are multiplied by 1.5.

22  

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

24  convicted of the primary offense and committed that offense

25  for the purpose of benefiting, promoting, or furthering the

26  interests of a criminal street gang as prohibited under s.

27  874.04, the subtotal sentence points are multiplied by 1.5.

28  

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

30  is convicted of the primary offense and the primary offense is

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

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  was committed in the presence of a child under 16 years of age

 2  who is a family or household member as defined in s. 741.28(3)

 3  with the victim or perpetrator, the subtotal sentence points

 4  are multiplied by 1.5.

 5         Section 19.  For the purpose of incorporating the

 6  amendment to section 893.135, Florida Statutes, in a reference

 7  thereto, subsection (2) of section 921.142, Florida Statutes,

 8  is reenacted to read:

 9         921.142  Sentence of death or life imprisonment for

10  capital drug trafficking felonies; further proceedings to

11  determine sentence.--

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

13  conviction or adjudication of guilt of a defendant of a

14  capital felony under s. 893.135, the court shall conduct a

15  separate sentencing proceeding to determine whether the

16  defendant should be sentenced to death or life imprisonment as

17  authorized by s. 775.082. The proceeding shall be conducted by

18  the trial judge before the trial jury as soon as practicable.

19  If, through impossibility or inability, the trial jury is

20  unable to reconvene for a hearing on the issue of penalty,

21  having determined the guilt of the accused, the trial judge

22  may summon a special juror or jurors as provided in chapter

23  913 to determine the issue of the imposition of the penalty.

24  If the trial jury has been waived, or if the defendant pleaded

25  guilty, the sentencing proceeding shall be conducted before a

26  jury impaneled for that purpose, unless waived by the

27  defendant. In the proceeding, evidence may be presented as to

28  any matter that the court deems relevant to the nature of the

29  crime and the character of the defendant and shall include

30  matters relating to any of the aggravating or mitigating

31  circumstances enumerated in subsections (6) and (7). Any such

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  evidence which the court deems to have probative value may be

 2  received, regardless of its admissibility under the

 3  exclusionary rules of evidence, provided the defendant is

 4  accorded a fair opportunity to rebut any hearsay statements.

 5  However, this subsection shall not be construed to authorize

 6  the introduction of any evidence secured in violation of the

 7  Constitution of the United States or the Constitution of the

 8  State of Florida. The state and the defendant or the

 9  defendant's counsel shall be permitted to present argument for

10  or against sentence of death.

11         Section 20.  For the purpose of incorporating the

12  amendment to section 893.13, Florida Statutes, in a reference

13  thereto, subsection (1) of section 921.187, Florida Statutes,

14  is reenacted to read:

15         921.187  Disposition and sentencing; alternatives;

16  restitution.--

17         (1)  The alternatives provided in this section for the

18  disposition of criminal cases shall be used in a manner that

19  will best serve the needs of society, punish criminal

20  offenders, and provide the opportunity for rehabilitation.

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

22  sentence, the court may:

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

24  be placed on probation upon completion of any specified period

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

26  less.

27         2.  Make any other disposition that is authorized by

28  law.

29         3.  Place the offender on probation with or without an

30  adjudication of guilt pursuant to s. 948.01.

31  

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




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

 2  when the offense is punishable by both a fine and imprisonment

 3  and probation is authorized.

 4         5.  Place the offender into community control requiring

 5  intensive supervision and surveillance pursuant to chapter

 6  948.

 7         6.  Impose, as a condition of probation or community

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

 9  county facility, a Department of Corrections probation and

10  restitution center, a probation program drug punishment

11  treatment community, or a community residential or

12  nonresidential facility, excluding a community correctional

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

14  by any qualified public or private entity providing such

15  services. Before admission to such a facility, the court shall

16  obtain an individual assessment and recommendations on the

17  appropriate treatment needs, which shall be considered by the

18  court in ordering such placements. Placement in such a

19  facility, except for a county residential probation facility,

20  may not exceed 364 days. Placement in a county residential

21  probation facility may not exceed 3 years. Early termination

22  of placement may be recommended to the court, when

23  appropriate, by the center supervisor, the supervising

24  probation officer, or the probation program manager.

25         7.  Sentence the offender pursuant to s. 922.051 to

26  imprisonment in a county jail when a statute directs

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

28  sentence, whether from the same circuit or from separate

29  circuits, is not more than 364 days.

30         8.  Sentence the offender who is to be punished by

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

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  there is no jail within the county suitable for such prisoner

 2  pursuant to s. 950.01.

 3         9.  Require the offender to participate in a

 4  work-release or educational or technical training program

 5  pursuant to s. 951.24 while serving a sentence in a county

 6  jail, if such a program is available.

 7         10.  Require the offender to perform a specified public

 8  service pursuant to s. 775.091.

 9         11.  Require the offender who violates chapter 893 or

10  violates any law while under the influence of a controlled

11  substance or alcohol to participate in a substance abuse

12  program.

13         12.a.  Require the offender who violates any criminal

14  provision of chapter 893 to pay an additional assessment in an

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

16  938.21 and 938.23.

17         b.  Require the offender who violates any provision of

18  s. 893.13 to pay an additional assessment in an amount of

19  $100, pursuant to ss. 938.25 and 943.361.

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

21  be placed in a county jail or county work camp upon the

22  completion of any specified term of community supervision.

23         14.  Impose split probation whereby upon satisfactory

24  completion of half the term of probation, the Department of

25  Corrections may place the offender on administrative probation

26  pursuant to s. 948.013 for the remainder of the term of

27  supervision.

28         15.  Require residence in a state probation and

29  restitution center or private drug treatment program for

30  offenders on community control or offenders who have violated

31  conditions of probation.

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         16.  Impose any other sanction which is provided within

 2  the community and approved as an intermediate sanction by the

 3  county public safety coordinating council as described in s.

 4  951.26.

 5         17.  Impose, as a condition of community control,

 6  probation, or probation following incarceration, a requirement

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

 8  high school equivalency diploma or who lacks basic or

 9  functional literacy skills, upon acceptance by an adult

10  education program, make a good faith effort toward completion

11  of such basic or functional literacy skills or high school

12  equivalency diploma, as defined in s. 1003.435, in accordance

13  with the assessed adult general education needs of the

14  individual offender.

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

16  921.001 or s. 921.002 to the contrary, on or after October 1,

17  1993, the court may require any defendant who violates s.

18  893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and

19  meets the criteria described in s. 893.13(10), to successfully

20  complete a term of probation pursuant to the terms and

21  conditions set forth in s. 948.034(1), in lieu of serving a

22  term of imprisonment.

23         2.  Notwithstanding any provision of former s. 921.001

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

25  the court may require any defendant who violates s.

26  893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a), and meets the

27  criteria described in s. 893.13(11), to successfully complete

28  a term of probation pursuant to the terms and conditions set

29  forth in s. 948.034(2), in lieu of serving a term of

30  imprisonment.

31  

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         Section 21.  For the purpose of incorporating the

 2  amendment to section 893.13, Florida Statutes, in a reference

 3  thereto, section 938.25, Florida Statutes, is reenacted to

 4  read:

 5         938.25  Operating Trust Fund of the Department of Law

 6  Enforcement.--Notwithstanding any provision to the contrary of

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

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

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

10  whether adjudication was withheld, in addition to any fine and

11  other penalty provided or authorized by law, an amount of

12  $100, to be paid to the clerk of the court, who shall forward

13  it to the Department of Revenue for deposit in the Operating

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

15  the statewide criminal analysis laboratory system for the

16  purposes specified in s. 943.361. The court is authorized to

17  order a defendant to pay an additional assessment if it finds

18  that the defendant has the ability to pay the fine and the

19  additional assessment and will not be prevented thereby from

20  being rehabilitated or from making restitution.

21         Section 22.  For the purpose of incorporating the

22  amendment to section 893.135, Florida Statutes, in references

23  thereto, section 943.0585, Florida Statutes, is reenacted to

24  read:

25         943.0585  Court-ordered expunction of criminal history

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

27  their own procedures, including the maintenance, expunction,

28  and correction of judicial records containing criminal history

29  information to the extent such procedures are not inconsistent

30  with the conditions, responsibilities, and duties established

31  by this section. Any court of competent jurisdiction may order

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  a criminal justice agency to expunge the criminal history

 2  record of a minor or an adult who complies with the

 3  requirements of this section. The court shall not order a

 4  criminal justice agency to expunge a criminal history record

 5  until the person seeking to expunge a criminal history record

 6  has applied for and received a certificate of eligibility for

 7  expunction pursuant to subsection (2). A criminal history

 8  record that relates to a violation of s. 393.135, s. 394.4593,

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

10  825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,

11  s. 847.0145, s. 893.135, s. 916.1075, or a violation

12  enumerated in s. 907.041 may not be expunged, without regard

13  to whether adjudication was withheld, if the defendant was

14  found guilty of or pled guilty or nolo contendere to the

15  offense, or if the defendant, as a minor, was found to have

16  committed, or pled guilty or nolo contendere to committing,

17  the offense as a delinquent act. The court may only order

18  expunction of a criminal history record pertaining to one

19  arrest or one incident of alleged criminal activity, except as

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

21  discretion, order the expunction of a criminal history record

22  pertaining to more than one arrest if the additional arrests

23  directly relate to the original arrest. If the court intends

24  to order the expunction of records pertaining to such

25  additional arrests, such intent must be specified in the

26  order. A criminal justice agency may not expunge any record

27  pertaining to such additional arrests if the order to expunge

28  does not articulate the intention of the court to expunge a

29  record pertaining to more than one arrest. This section does

30  not prevent the court from ordering the expunction of only a

31  portion of a criminal history record pertaining to one arrest

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  or one incident of alleged criminal activity. Notwithstanding

 2  any law to the contrary, a criminal justice agency may comply

 3  with laws, court orders, and official requests of other

 4  jurisdictions relating to expunction, correction, or

 5  confidential handling of criminal history records or

 6  information derived therefrom. This section does not confer

 7  any right to the expunction of any criminal history record,

 8  and any request for expunction of a criminal history record

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

10         (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY

11  RECORD.--Each petition to a court to expunge a criminal

12  history record is complete only when accompanied by:

13         (a)  A certificate of eligibility for expunction issued

14  by the department pursuant to subsection (2).

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

16  the petitioner:

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

18  is filed, been adjudicated guilty of a criminal offense or

19  comparable ordinance violation or adjudicated delinquent for

20  committing a felony or a misdemeanor specified in s.

21  943.051(3)(b).

22         2.  Has not been adjudicated guilty of, or adjudicated

23  delinquent for committing, any of the acts stemming from the

24  arrest or alleged criminal activity to which the petition

25  pertains.

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

27  a criminal history record under this section, former s.

28  893.14, former s. 901.33, or former s. 943.058, or from any

29  jurisdiction outside the state.

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

31  his or her knowledge or belief and does not have any other

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  petition to expunge or any petition to seal pending before any

 2  court.

 3  

 4  Any person who knowingly provides false information on such

 5  sworn statement to the court commits a felony of the third

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

 7  s. 775.084.

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

 9  to petitioning the court to expunge a criminal history record,

10  a person seeking to expunge a criminal history record shall

11  apply to the department for a certificate of eligibility for

12  expunction. The department shall, by rule adopted pursuant to

13  chapter 120, establish procedures pertaining to the

14  application for and issuance of certificates of eligibility

15  for expunction. The department shall issue a certificate of

16  eligibility for expunction to a person who is the subject of a

17  criminal history record if that person:

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

19  written, certified statement from the appropriate state

20  attorney or statewide prosecutor which indicates:

21         1.  That an indictment, information, or other charging

22  document was not filed or issued in the case.

23         2.  That an indictment, information, or other charging

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

25  nolle prosequi by the state attorney or statewide prosecutor,

26  or was dismissed by a court of competent jurisdiction.

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

28  a violation of s. 393.135, s. 394.4593, s. 787.025, chapter

29  794, s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s.

30  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,

31  s. 893.135, s. 916.1075, or a violation enumerated in s.

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  907.041, where the defendant was found guilty of, or pled

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

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

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

 5  delinquent act, without regard to whether adjudication was

 6  withheld.

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

 8  placement in the Department of Law Enforcement Operating Trust

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

10         (c)  Has submitted to the department a certified copy

11  of the disposition of the charge to which the petition to

12  expunge pertains.

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

14  application for a certificate of eligibility is filed, been

15  adjudicated guilty of a criminal offense or comparable

16  ordinance violation or adjudicated delinquent for committing a

17  felony or a misdemeanor specified in s. 943.051(3)(b).

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

19  delinquent for committing, any of the acts stemming from the

20  arrest or alleged criminal activity to which the petition to

21  expunge pertains.

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

23  a criminal history record under this section, former s.

24  893.14, former s. 901.33, or former s. 943.058.

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

26  the disposition of the arrest or alleged criminal activity to

27  which the petition to expunge pertains.

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

29  prior to being eligible for an expunction of such records

30  because all charges related to the arrest or criminal activity

31  to which the petition to expunge pertains were dismissed prior

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  to trial, adjudication, or the withholding of adjudication.

 2  Otherwise, such criminal history record must be sealed under

 3  this section, former s. 893.14, former s. 901.33, or former s.

 4  943.058 for at least 10 years before such record is eligible

 5  for expunction.

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

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

 8  of the completed petition to expunge shall be served upon the

 9  appropriate state attorney or the statewide prosecutor and

10  upon the arresting agency; however, it is not necessary to

11  make any agency other than the state a party. The appropriate

12  state attorney or the statewide prosecutor and the arresting

13  agency may respond to the court regarding the completed

14  petition to expunge.

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

16  the court shall certify copies of the order to the appropriate

17  state attorney or the statewide prosecutor and the arresting

18  agency. The arresting agency is responsible for forwarding the

19  order to any other agency to which the arresting agency

20  disseminated the criminal history record information to which

21  the order pertains. The department shall forward the order to

22  expunge to the Federal Bureau of Investigation. The clerk of

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

24  agency which the records of the court reflect has received the

25  criminal history record from the court.

26         (c)  For an order to expunge entered by a court prior

27  to July 1, 1992, the department shall notify the appropriate

28  state attorney or statewide prosecutor of an order to expunge

29  which is contrary to law because the person who is the subject

30  of the record has previously been convicted of a crime or

31  comparable ordinance violation or has had a prior criminal

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  history record sealed or expunged. Upon receipt of such

 2  notice, the appropriate state attorney or statewide prosecutor

 3  shall take action, within 60 days, to correct the record and

 4  petition the court to void the order to expunge. The

 5  department shall seal the record until such time as the order

 6  is voided by the court.

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

 8  other criminal justice agency is not required to act on an

 9  order to expunge entered by a court when such order does not

10  comply with the requirements of this section. Upon receipt of

11  such an order, the department must notify the issuing court,

12  the appropriate state attorney or statewide prosecutor, the

13  petitioner or the petitioner's attorney, and the arresting

14  agency of the reason for noncompliance. The appropriate state

15  attorney or statewide prosecutor shall take action within 60

16  days to correct the record and petition the court to void the

17  order. No cause of action, including contempt of court, shall

18  arise against any criminal justice agency for failure to

19  comply with an order to expunge when the petitioner for such

20  order failed to obtain the certificate of eligibility as

21  required by this section or such order does not otherwise

22  comply with the requirements of this section.

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

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

25  ordered expunged by a court of competent jurisdiction pursuant

26  to this section must be physically destroyed or obliterated by

27  any criminal justice agency having custody of such record;

28  except that any criminal history record in the custody of the

29  department must be retained in all cases. A criminal history

30  record ordered expunged that is retained by the department is

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

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




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

 2  available to any person or entity except upon order of a court

 3  of competent jurisdiction. A criminal justice agency may

 4  retain a notation indicating compliance with an order to

 5  expunge.

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

 7  history record that is expunged under this section or under

 8  other provisions of law, including former s. 893.14, former s.

 9  901.33, and former s. 943.058, may lawfully deny or fail to

10  acknowledge the arrests covered by the expunged record, except

11  when the subject of the record:

12         1.  Is a candidate for employment with a criminal

13  justice agency;

14         2.  Is a defendant in a criminal prosecution;

15         3.  Concurrently or subsequently petitions for relief

16  under this section or s. 943.059;

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

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

19  contract with the Department of Children and Family Services

20  or the Department of Juvenile Justice or to be employed or

21  used by such contractor or licensee in a sensitive position

22  having direct contact with children, the developmentally

23  disabled, the aged, or the elderly as provided in s.

24  110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.

25  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

26  916.106(10) and (13), s. 985.407, or chapter 400; or

27         6.  Is seeking to be employed or licensed by the

28  Department of Education, any district school board, any

29  university laboratory school, any charter school, any private

30  or parochial school, or any local governmental entity that

31  licenses child care facilities.

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




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

 2  person who has been granted an expunction under this section,

 3  former s. 893.14, former s. 901.33, or former s. 943.058 may

 4  not be held under any provision of law of this state to commit

 5  perjury or to be otherwise liable for giving a false statement

 6  by reason of such person's failure to recite or acknowledge an

 7  expunged criminal history record.

 8         (c)  Information relating to the existence of an

 9  expunged criminal history record which is provided in

10  accordance with paragraph (a) is confidential and exempt from

11  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

12  State Constitution, except that the department shall disclose

13  the existence of a criminal history record ordered expunged to

14  the entities set forth in subparagraphs (a)1., 4., 5., and 6.

15  for their respective licensing and employment purposes, and to

16  criminal justice agencies for their respective criminal

17  justice purposes. It is unlawful for any employee of an entity

18  set forth in subparagraph (a)1., subparagraph (a)4.,

19  subparagraph (a)5., or subparagraph (a)6. to disclose

20  information relating to the existence of an expunged criminal

21  history record of a person seeking employment or licensure

22  with such entity or contractor, except to the person to whom

23  the criminal history record relates or to persons having

24  direct responsibility for employment or licensure decisions.

25  Any person who violates this paragraph commits a misdemeanor

26  of the first degree, punishable as provided in s. 775.082 or

27  s. 775.083.

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

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

30  this section constitutes a general reference under the

31  doctrine of incorporation by reference.

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         Section 23.  For the purpose of incorporating the

 2  amendment to section 893.135, Florida Statutes, in a reference

 3  thereto, section 943.059, Florida Statutes, is reenacted to

 4  read:

 5         943.059  Court-ordered sealing of criminal history

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

 7  jurisdiction over their own procedures, including the

 8  maintenance, sealing, and correction of judicial records

 9  containing criminal history information to the extent such

10  procedures are not inconsistent with the conditions,

11  responsibilities, and duties established by this section. Any

12  court of competent jurisdiction may order a criminal justice

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

14  adult who complies with the requirements of this section. The

15  court shall not order a criminal justice agency to seal a

16  criminal history record until the person seeking to seal a

17  criminal history record has applied for and received a

18  certificate of eligibility for sealing pursuant to subsection

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

20  s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03,

21  s. 800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839,

22  s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.

23  916.1075, or a violation enumerated in s. 907.041 may not be

24  sealed, without regard to whether adjudication was withheld,

25  if the defendant was found guilty of or pled guilty or nolo

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

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

28  to committing the offense as a delinquent act. The court may

29  only order sealing of a criminal history record pertaining to

30  one arrest or one incident of alleged criminal activity,

31  except as provided in this section. The court may, at its sole

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  discretion, order the sealing of a criminal history record

 2  pertaining to more than one arrest if the additional arrests

 3  directly relate to the original arrest. If the court intends

 4  to order the sealing of records pertaining to such additional

 5  arrests, such intent must be specified in the order. A

 6  criminal justice agency may not seal any record pertaining to

 7  such additional arrests if the order to seal does not

 8  articulate the intention of the court to seal records

 9  pertaining to more than one arrest. This section does not

10  prevent the court from ordering the sealing of only a portion

11  of a criminal history record pertaining to one arrest or one

12  incident of alleged criminal activity. Notwithstanding any law

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

14  laws, court orders, and official requests of other

15  jurisdictions relating to sealing, correction, or confidential

16  handling of criminal history records or information derived

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

18  sealing of any criminal history record, and any request for

19  sealing a criminal history record may be denied at the sole

20  discretion of the court.

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

22  petition to a court to seal a criminal history record is

23  complete only when accompanied by:

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

25  the department pursuant to subsection (2).

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

27  the petitioner:

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

29  is filed, been adjudicated guilty of a criminal offense or

30  comparable ordinance violation or adjudicated delinquent for

31  

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  committing a felony or a misdemeanor specified in s.

 2  943.051(3)(b).

 3         2.  Has not been adjudicated guilty of or adjudicated

 4  delinquent for committing any of the acts stemming from the

 5  arrest or alleged criminal activity to which the petition to

 6  seal pertains.

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

 8  a criminal history record under this section, former s.

 9  893.14, former s. 901.33, former s. 943.058, or from any

10  jurisdiction outside the state.

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

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

13  petition to seal or any petition to expunge pending before any

14  court.

15  

16  Any person who knowingly provides false information on such

17  sworn statement to the court commits a felony of the third

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

19  s. 775.084.

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

21  petitioning the court to seal a criminal history record, a

22  person seeking to seal a criminal history record shall apply

23  to the department for a certificate of eligibility for

24  sealing. The department shall, by rule adopted pursuant to

25  chapter 120, establish procedures pertaining to the

26  application for and issuance of certificates of eligibility

27  for sealing. The department shall issue a certificate of

28  eligibility for sealing to a person who is the subject of a

29  criminal history record provided that such person:

30  

31  

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




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

 2  of the disposition of the charge to which the petition to seal

 3  pertains.

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

 5  placement in the Department of Law Enforcement Operating Trust

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

 7         (c)  Has never, prior to the date on which the

 8  application for a certificate of eligibility is filed, been

 9  adjudicated guilty of a criminal offense or comparable

10  ordinance violation or adjudicated delinquent for committing a

11  felony or a misdemeanor specified in s. 943.051(3)(b).

12         (d)  Has not been adjudicated guilty of or adjudicated

13  delinquent for committing any of the acts stemming from the

14  arrest or alleged criminal activity to which the petition to

15  seal pertains.

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

17  a criminal history record under this section, former s.

18  893.14, former s. 901.33, or former s. 943.058.

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

20  the disposition of the arrest or alleged criminal activity to

21  which the petition to seal pertains.

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

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

24  of the completed petition to seal shall be served upon the

25  appropriate state attorney or the statewide prosecutor and

26  upon the arresting agency; however, it is not necessary to

27  make any agency other than the state a party. The appropriate

28  state attorney or the statewide prosecutor and the arresting

29  agency may respond to the court regarding the completed

30  petition to seal.

31  

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




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

 2  the court shall certify copies of the order to the appropriate

 3  state attorney or the statewide prosecutor and to the

 4  arresting agency. The arresting agency is responsible for

 5  forwarding the order to any other agency to which the

 6  arresting agency disseminated the criminal history record

 7  information to which the order pertains. The department shall

 8  forward the order to seal to the Federal Bureau of

 9  Investigation. The clerk of the court shall certify a copy of

10  the order to any other agency which the records of the court

11  reflect has received the criminal history record from the

12  court.

13         (c)  For an order to seal entered by a court prior to

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

15  state attorney or statewide prosecutor of any order to seal

16  which is contrary to law because the person who is the subject

17  of the record has previously been convicted of a crime or

18  comparable ordinance violation or has had a prior criminal

19  history record sealed or expunged. Upon receipt of such

20  notice, the appropriate state attorney or statewide prosecutor

21  shall take action, within 60 days, to correct the record and

22  petition the court to void the order to seal. The department

23  shall seal the record until such time as the order is voided

24  by the court.

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

26  other criminal justice agency is not required to act on an

27  order to seal entered by a court when such order does not

28  comply with the requirements of this section. Upon receipt of

29  such an order, the department must notify the issuing court,

30  the appropriate state attorney or statewide prosecutor, the

31  petitioner or the petitioner's attorney, and the arresting

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  agency of the reason for noncompliance. The appropriate state

 2  attorney or statewide prosecutor shall take action within 60

 3  days to correct the record and petition the court to void the

 4  order. No cause of action, including contempt of court, shall

 5  arise against any criminal justice agency for failure to

 6  comply with an order to seal when the petitioner for such

 7  order failed to obtain the certificate of eligibility as

 8  required by this section or when such order does not comply

 9  with the requirements of this section.

10         (e)  An order sealing a criminal history record

11  pursuant to this section does not require that such record be

12  surrendered to the court, and such record shall continue to be

13  maintained by the department and other criminal justice

14  agencies.

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

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

17  ordered sealed by a court of competent jurisdiction pursuant

18  to this section is confidential and exempt from the provisions

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

20  and is available only to the person who is the subject of the

21  record, to the subject's attorney, to criminal justice

22  agencies for their respective criminal justice purposes, or to

23  those entities set forth in subparagraphs (a)1., 4., 5., and

24  6. for their respective licensing and employment purposes.

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

26  under this section or under other provisions of law, including

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

28  lawfully deny or fail to acknowledge the arrests covered by

29  the sealed record, except when the subject of the record:

30         1.  Is a candidate for employment with a criminal

31  justice agency;

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    2-1286-05                                          See HB 1347




 1         2.  Is a defendant in a criminal prosecution;

 2         3.  Concurrently or subsequently petitions for relief

 3  under this section or s. 943.0585;

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

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

 6  contract with the Department of Children and Family Services

 7  or the Department of Juvenile Justice or to be employed or

 8  used by such contractor or licensee in a sensitive position

 9  having direct contact with children, the developmentally

10  disabled, the aged, or the elderly as provided in s.

11  110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.

12  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

13  415.103, s. 916.106(10) and (13), s. 985.407, or chapter 400;

14  or

15         6.  Is seeking to be employed or licensed by the

16  Department of Education, any district school board, any

17  university laboratory school, any charter school, any private

18  or parochial school, or any local governmental entity that

19  licenses child care facilities.

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

21  person who has been granted a sealing under this section,

22  former s. 893.14, former s. 901.33, or former s. 943.058 may

23  not be held under any provision of law of this state to commit

24  perjury or to be otherwise liable for giving a false statement

25  by reason of such person's failure to recite or acknowledge a

26  sealed criminal history record.

27         (c)  Information relating to the existence of a sealed

28  criminal record provided in accordance with the provisions of

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

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

31  Constitution, except that the department shall disclose the

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  sealed criminal history record to the entities set forth in

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

 3  licensing and employment purposes. It is unlawful for any

 4  employee of an entity set forth in subparagraph (a)1.,

 5  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.

 6  to disclose information relating to the existence of a sealed

 7  criminal history record of a person seeking employment or

 8  licensure with such entity or contractor, except to the person

 9  to whom the criminal history record relates or to persons

10  having direct responsibility for employment or licensure

11  decisions. Any person who violates the provisions of this

12  paragraph commits a misdemeanor of the first degree,

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

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

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

16  this section constitutes a general reference under the

17  doctrine of incorporation by reference.

18         Section 24.  For the purpose of incorporating the

19  amendment to section 893.13, Florida Statutes, in references

20  thereto, subsections (1) and (2) of section 948.034, Florida

21  Statutes, are reenacted to read:

22         948.034  Terms and conditions of probation; community

23  residential drug punishment centers.--

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

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

26  (5)(a) may, in the discretion of the trial court, be required

27  to successfully complete a term of probation in lieu of

28  serving a term of imprisonment as required or authorized by s.

29  775.084, former s. 921.001, or s. 921.002, as follows:

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

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

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




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

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

 3  condition of which the court shall require the offender to

 4  reside at a community residential drug punishment center for

 5  90 days. The offender must comply with all rules and

 6  regulations of the center and must pay a fee for the costs of

 7  room and board and residential supervision. Placement of an

 8  offender into a community residential drug punishment center

 9  is subject to budgetary considerations and availability of bed

10  space. If the court requires the offender to reside at a

11  community residential drug punishment center, the court shall

12  also require the offender to comply with one or more of the

13  other following terms and conditions:

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

15  $10,000 pursuant to s. 775.083(1)(c).

16         2.  Enter, regularly attend, and successfully complete

17  a substance abuse education program of at least 40 hours or a

18  prescribed substance abuse treatment program provided by a

19  treatment resource licensed pursuant to chapter 397 or by a

20  hospital licensed pursuant to chapter 395, as specified by the

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

22  licensed agency for substance abuse evaluation and, if

23  appropriate, substance abuse treatment subject to the ability

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

25  such referral is made, the offender must comply and must pay

26  for the reasonable cost of the evaluation and treatment.

27         3.  Perform at least 100 hours of public service.

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

29  be conducted during the probationary period, with the

30  reasonable costs thereof borne by the offender.

31  

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    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




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

 2  appropriate self-help group, such as Narcotics Anonymous,

 3  Alcoholics Anonymous, or Cocaine Anonymous, if available.

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

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

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

 7  offender may be placed on probation for not less than 24

 8  months, as a condition of which the court shall require the

 9  offender to reside at a community residential drug punishment

10  center for 180 days. The offender must comply with all rules

11  and regulations of the center and must pay a fee for the costs

12  of room and board and residential supervision. Placement of an

13  offender into a community residential drug punishment center

14  is subject to budgetary considerations and availability of bed

15  space. If the court requires the offender to reside at a

16  community residential drug punishment center, the court shall

17  also require the offender to comply with one or more of the

18  other following terms and conditions:

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

20  $10,000 pursuant to s. 775.083(1)(c).

21         2.  Enter, regularly attend, and successfully complete

22  a substance abuse education program of at least 40 hours or a

23  prescribed substance abuse treatment program provided by a

24  treatment resource licensed pursuant to chapter 397 or by a

25  hospital licensed pursuant to chapter 395, as specified by the

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

27  licensed agency for substance abuse evaluation and, if

28  appropriate, substance abuse treatment subject to the ability

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

30  such referral is made, the offender must comply and must pay

31  for the reasonable cost of the evaluation and treatment.

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    2-1286-05                                          See HB 1347




 1         3.  Perform at least 200 hours of public service.

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

 3  be conducted during the probationary period, with the

 4  reasonable costs thereof borne by the offender.

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

 6  appropriate self-help group, such as Narcotics Anonymous,

 7  Alcoholics Anonymous, or Cocaine Anonymous, if available.

 8         (c)  If the person has been previously convicted of two

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

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

11  probation for not less than 36 months, as a condition of which

12  the court shall require the offender to reside at a community

13  residential drug punishment center for 360 days. The offender

14  must comply with all rules and regulations of the center and

15  must pay a fee for the costs of room and board and residential

16  supervision. Placement of an offender into a community

17  residential drug punishment center is subject to budgetary

18  considerations and availability of bed space. If the court

19  requires the offender to reside at a community residential

20  drug punishment center, the court shall also require the

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

22  terms and conditions:

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

24  $10,000 pursuant to s. 775.083(1)(c).

25         2.  Enter, regularly attend, and successfully complete

26  a substance abuse education program of at least 40 hours or a

27  prescribed substance abuse treatment program provided by a

28  treatment resource licensed pursuant to chapter 397 or by a

29  hospital licensed pursuant to chapter 395, as specified by the

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

31  licensed agency for substance abuse evaluation and, if

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    2-1286-05                                          See HB 1347




 1  appropriate, substance abuse treatment subject to the ability

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

 3  such referral is made, the offender must comply and must pay

 4  for the reasonable cost of the evaluation and treatment.

 5         3.  Perform at least 300 hours of public service.

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

 7  be conducted during the probationary period, with the

 8  reasonable costs thereof borne by the offender.

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

10  appropriate self-help group, such as Narcotics Anonymous,

11  Alcoholics Anonymous, or Cocaine Anonymous, if available.

12         (d)  An offender who violates probation imposed

13  pursuant to this section shall be sentenced in accordance with

14  s. 921.002.

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

16  violates s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a) may,

17  in the discretion of the trial court, be required to

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

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

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

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

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

23  adjudication may be withheld and the offender shall be placed

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

25  which the court may require the offender to comply with one or

26  more of the following terms and conditions:

27         1.  Pay a fine of not less than $250 nor more than

28  $5,000 pursuant to s. 775.083(1)(c).

29         2.  Enter, regularly attend, and successfully complete

30  a substance abuse education program of at least 40 hours or a

31  prescribed substance abuse treatment program provided by a

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    2-1286-05                                          See HB 1347




 1  treatment resource licensed pursuant to chapter 397 or by a

 2  hospital licensed pursuant to chapter 395, as specified by the

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

 4  licensed agency for substance abuse evaluation and, if

 5  appropriate, substance abuse treatment subject to the ability

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

 7  such referral is made, the offender must comply and must pay

 8  for the reasonable cost of the evaluation and treatment.

 9         3.  Perform at least 50 hours of public service.

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

11  be conducted during the probationary period, with the

12  reasonable costs thereof borne by the offender.

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

14  appropriate self-help group, such as Narcotics Anonymous,

15  Alcoholics Anonymous, or Cocaine Anonymous, if available.

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

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

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

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

20  condition of which the court shall require the offender to

21  reside at a community residential drug punishment center for

22  90 days. The offender must comply with all rules and

23  regulations of the center and must pay a fee for the costs of

24  room and board and residential supervision. Placement of an

25  offender into a community residential drug punishment center

26  is subject to budgetary considerations and availability of bed

27  space. If the court requires the offender to reside at a

28  community residential drug punishment center, the court shall

29  also require the offender to comply with one or more of the

30  other following terms and conditions:

31  

                                  79

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






    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




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

 2  $5,000 pursuant to s. 775.083(1)(c).

 3         2.  Enter, regularly attend, and successfully complete

 4  a substance abuse intervention program of a least 80 hours

 5  provided by a treatment resource licensed pursuant to chapter

 6  397 or by a hospital licensed pursuant to chapter 395, as

 7  specified by the court. In addition, the court may refer the

 8  offender to a licensed agency for substance abuse evaluation

 9  and, if appropriate, substance abuse treatment subject to the

10  ability of the offender to pay for such evaluation and

11  treatment. If such referral is made, the offender must comply

12  and must pay for the reasonable cost of the evaluation and

13  treatment.

14         3.  Perform at least 100 hours of public service.

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

16  be conducted during the probationary period, with the

17  reasonable costs thereof borne by the offender.

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

19  appropriate self-help group, such as Narcotics Anonymous,

20  Alcoholics Anonymous, or Cocaine Anonymous, if available.

21         (c)  If the person has been previously convicted of two

22  felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),

23  adjudication may not be withheld and the offender may be

24  placed on probation for not less than 24 months, as a

25  condition of which the court shall require the offender to

26  reside at a community residential drug punishment center for

27  120 days. The offender must comply with all rules and

28  regulations of the center and must pay a fee for the costs of

29  room and board and residential supervision. Placement of an

30  offender into a community residential drug punishment center

31  is subject to budgetary considerations and availability of bed

                                  80

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






    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  space. If the court requires the offender to reside at a

 2  community residential drug punishment center, the court shall

 3  also require the offender to comply with one or more of the

 4  other following terms and conditions:

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

 6  $5,000 pursuant to s. 775.083(1)(c).

 7         2.  Enter, regularly attend, and successfully complete

 8  a prescribed substance abuse treatment program provided by a

 9  treatment resource licensed pursuant to chapter 397 or by a

10  hospital licensed pursuant to chapter 395, as specified by the

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

12  licensed agency for substance abuse evaluation and, if

13  appropriate, substance abuse treatment subject to the ability

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

15  such referral is made, the offender must comply and must pay

16  for the reasonable cost of the evaluation and treatment.

17         3.  Perform at least 150 hours of public service.

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

19  be conducted during the probationary period, with the

20  reasonable costs thereof borne by the offender.

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

22  appropriate self-help group, such as Narcotics Anonymous,

23  Alcoholics Anonymous, or Cocaine Anonymous, if available.

24         (d)  If the person has been previously convicted of

25  three felony violations of s. 893.13(2)(a)2., (5)(b), or

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

27  be placed on probation for not less than 30 months, as a

28  condition of which the court shall require the offender to

29  reside at a community residential drug punishment center for

30  200 days. The offender must comply with all rules and

31  regulations of the center and must pay a fee for the costs of

                                  81

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






    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  room and board and residential supervision. Placement of an

 2  offender into a community residential drug punishment center

 3  is subject to budgetary considerations and availability of bed

 4  space. If the court requires the offender to reside at a

 5  community residential drug punishment center, the court shall

 6  also require the offender to comply with one or more of the

 7  other following terms and conditions:

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

 9  $5,000 pursuant to s. 775.083(1)(c).

10         2.  Enter, regularly attend, and successfully complete

11  a prescribed substance abuse treatment program provided by a

12  treatment resource licensed pursuant to chapter 397 or by a

13  hospital licensed pursuant to chapter 395, as specified by the

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

15  licensed agency for substance abuse evaluation and, if

16  appropriate, substance abuse treatment subject to the ability

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

18  such referral is made, the offender must comply and must pay

19  for the reasonable cost of the evaluation and treatment.

20         3.  Perform at least 200 hours of public service.

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

22  be conducted during the probationary period, with the

23  reasonable costs thereof borne by the offender.

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

25  appropriate self-help group, such as Narcotics Anonymous,

26  Alcoholics Anonymous, or Cocaine Anonymous, if available.

27         (e)  If the person has been previously convicted of

28  four felony violations of s. 893.13(2)(a)2., (5)(b), or

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

30  be placed on probation for not less than 36 months, as a

31  condition of which the court shall require the offender to

                                  82

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






    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1  reside at a community residential drug punishment center for

 2  360 days. The offender must comply with all rules and

 3  regulations of the center and must pay a fee for the costs of

 4  room and board and residential supervision. Placement of an

 5  offender into a community residential drug punishment center

 6  is subject to budgetary considerations and availability of bed

 7  space. If the court requires the offender to reside at a

 8  community residential drug punishment center, the court shall

 9  also require the offender to comply with one or more of the

10  other following terms and conditions:

11         1.  Pay a fine of not less than $2,000 nor more than

12  $5,000 pursuant to s. 775.083(1)(c).

13         2.  Enter, regularly attend, and successfully complete

14  a prescribed substance abuse treatment program provided by a

15  treatment resource licensed pursuant to chapter 397 or by a

16  hospital licensed pursuant to chapter 395, as specified by the

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

18  licensed agency for substance abuse evaluation and, if

19  appropriate, substance abuse treatment subject to the ability

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

21  such referral is made, the offender must comply and must pay

22  for the reasonable cost of the evaluation and treatment.

23         3.  Perform at least 250 hours of public service.

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

25  be conducted during the probationary period, with the

26  reasonable costs thereof borne by the offender.

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

28  appropriate self-help group, such as Narcotics Anonymous,

29  Alcoholics Anonymous, or Cocaine Anonymous, if available.

30  

31  

                                  83

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






    Florida Senate - 2005                                  SB 2352
    2-1286-05                                          See HB 1347




 1         (f)  An offender who violates probation imposed

 2  pursuant to this section shall be sentenced in accordance with

 3  s. 921.002.

 4         Section 25.  This act shall take effect July 1, 2005,

 5  and shall apply to offenses committed on or after that date.

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

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30  

31  

                                  84

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