Florida Senate - 2008 CS for CS for SB 1722 & SB 2478

By the Committees on Criminal Justice; Commerce; and Senators Joyner and Lynn

591-08238-08 20081722c2

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A bill to be entitled

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An act relating to sex trafficking; amending s. 559.927,

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F.S.; defining the term "travel services for commercial

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sexual purposes"; amending s. 559.928, F.S.; requiring the

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seller of travel to include in the initial registration

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documents, and in the annual affidavit to renew the

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registration, sent to the Department of Agriculture and

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Consumer Services a statement that the seller of travel

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does not offer for sale, facilitate, advertise, or promote

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travel services for commercial sexual purposes; providing

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that the department may deny or refuse to renew the

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registration of any seller of travel based upon a

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determination that the seller of travel has offered for

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sale, facilitated, advertised, or promoted travel services

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for commercial sexual purposes; amending s. 559.9335,

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F.S.; providing that an offer of sale, facilitation, an

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advertisement, or a promotion of travel services for

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commercial sexual purposes is a violation of part IX of

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ch. 559, F.S.; amending s. 559.937, F.S.; providing that a

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seller of travel who offers for sale, facilitates,

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advertises, or promotes travel services for commercial

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sexual purposes commits a felony of the second degree;

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providing criminal penalties; authorizing a court to

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freeze the assets of a seller of travel who has or is

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about to commit such offense; providing procedures;

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amending s. 772.102, F.S.; expanding the definition of the

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term "criminal activity" to include the offense of

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facilitating certain offenses for purposes of seeking

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civil remedies for criminal offenses; amending s. 775.21,

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F.S.; conforming cross-references; creating s. 796.011,

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F.S.; providing definitions; amending s. 796.03, F.S.;

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increasing penalties for procuring a minor for

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prostitution; amending s. 796.04, F.S.; providing enhanced

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penalties for forcing, compelling, or coercing another to

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become a prostitute; renumbering and amending s. 796.035,

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F.S., and amending s. 796.045, F.S.; increasing penalties

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for selling or buying minors into sex trafficking or

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prostitution; revising provisions relating to sex

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trafficking; increasing penalties; amending s. 796.06,

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F.S.; revising provisions prohibiting rental of certain

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facilities for prohibited activities; amending s. 796.07,

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F.S.; revising provisions prohibiting prostitution,

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lewdness, and assignation; providing penalties; amending

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s. 796.09, F.S.; revising provisions providing a civil

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action against persons who coerce or induce certain

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activities; requiring the court to award prevailing

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plaintiffs reasonable attorney's fees and costs; creating

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s. 796.10, F.S.; defining the term "business entity";

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providing that a business entity convicted of a violation

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of chapter 796, F.S., may be subject to specified

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sanctions and forfeiture of property; amending s. 823.05,

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F.S.; providing that a place used for specified violations

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relating to prostitution may be declared a public nuisance

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and abated or enjoined; amending s. 893.138, F.S.;

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providing additional prostitution offenses that may

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subject a place to being declared a public nuisance by a

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county or municipality and abated pursuant to specified

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provisions; amending s. 895.02, F.S.; redefining the term

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"racketeering activity" to revise the offenses included

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for purposes of the Florida RICO Act; amending s.

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921.0022, F.S.; conforming the offense severity ranking

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chart of the Criminal Punishment Code; amending ss.

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322.28, 943.0435, 944.606, and 944.607, F.S.; conforming

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cross-references; providing an effective date.

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

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     Section 1.  Present subsection (11) of section 559.927,

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Florida Statutes, is redesignated as subsection (12), and a new

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subsection (11) is added to that section, to read:

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     559.927  Definitions.--For the purposes of this part, the

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term:

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     (11) "Travel services for commercial sexual purposes" means

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travel, transportation, or vacation services provided for the

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purposes of enabling the customer to engage in prostitution or

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engage a prostitute as described in s. 796.07.

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     Section 2.  Subsections (1), (3), and (9) of section

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559.928, Florida Statutes, are amended to read:

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     559.928  Registration.--

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     (1)  Each seller of travel shall annually register with the

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department, providing: its legal business or trade name, mailing

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address, and business locations; the full names, addresses,

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telephone numbers, and social security numbers of its owners or

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corporate officers and directors and the Florida agent of the

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corporation; a statement whether it is a domestic or foreign

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corporation, its state and date of incorporation, its charter

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number, and, if a foreign corporation, the date it registered

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with the State of Florida, and occupational license where

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applicable; the date on which a seller of travel registered its

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fictitious name if the seller of travel is operating under a

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fictitious or trade name; the name of all other corporations,

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business entities, and trade names through which each owner of

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the seller of travel operated, was known, or did business as a

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seller of travel within the preceding 5 years; a list of all

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authorized independent agents, including the agent's trade name,

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full name, mailing address, business address, telephone numbers,

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and social security number; the business location and address of

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each branch office and full name and address of the manager or

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supervisor; and proof of purchase of adequate bond or

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establishment of a letter of credit or certificate of deposit as

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required in this part. The registration documents sent to the

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department must include a statement that the seller of travel

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does not offer for sale, facilitate, advertise, or promote travel

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services for commercial sexual purposes. A certificate evidencing

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proof of registration shall be issued by the department and must

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be prominently displayed in the seller of travel's primary place

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of business.

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     (3)  Each independent agent shall annually file an affidavit

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with the department prior to engaging in business in this state.

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This affidavit must include the independent agent's full name,

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legal business or trade name, mailing address, business address,

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telephone number, social security number, and the name or names

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and addresses of each seller of travel represented by the

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independent agent. The affidavit must also state that the

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independent agent does not offer for sale, facilitate, advertise,

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or promote travel services for commercial sexual purposes. A

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letter evidencing proof of filing must be issued by the

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department and must be prominently displayed in the independent

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agent's primary place of business. As used in this subsection,

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the term "independent agent" means a person who represents a

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seller of travel by soliciting persons on its behalf; who has a

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written contract with a seller of travel which is operating in

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compliance with this part and any rules adopted thereunder; who

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does not receive a fee, commission, or other valuable

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consideration directly from the purchaser for the seller of

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travel; who does not at any time have any unissued ticket stock

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or travel documents in his or her possession; and who does not

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have the ability to issue tickets, vacation certificates, or any

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other travel document. The term "independent agent" does not

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include an affiliate of the seller of travel, as that term is

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used in s. 559.935(3), or the employees of the seller of travel

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or of such affiliates.

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     (9)  The department may deny or refuse to renew the

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registration of any seller of travel based upon a determination

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that the seller of travel, or any of its directors, officers,

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owners, or general partners:

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     (a)  Has failed to meet the requirements for registration as

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provided in this part;

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     (b)  Has been convicted of a crime involving fraud,

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dishonest dealing, or any other act of moral turpitude;

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     (c)  Has not satisfied a civil fine or penalty arising out

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of any administrative or enforcement action brought by any

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governmental agency or private person based upon conduct

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involving fraud, dishonest dealing, or any violation of this

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part;

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     (d)  Has pending against her or him any criminal,

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administrative, or enforcement proceedings in any jurisdiction,

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based upon conduct involving fraud, dishonest dealing, or any

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other act of moral turpitude; or

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     (e) Has offered for sale, facilitated, advertised, or

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promoted travel services for commercial sexual purposes; or

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     (f)(e) Has had a judgment entered against her or him in any

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action brought by the department or the Department of Legal

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Affairs pursuant to ss. 501.201-501.213 or this part.

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     Section 3.  Subsection (25) is added to section 559.9335,

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Florida Statutes, to read:

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     559.9335  Violations.--It is a violation of this part for

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any person:

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     (25) To offer for sale, facilitate, advertise, or promote

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travel services for commercial sexual purposes.

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     Section 4.  Section 559.937, Florida Statutes, is amended to

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read:

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     559.937 Criminal penalties; freezing of assets.--

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     (1) Except as provided in subsection (2), any person or

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business that which violates this part commits a misdemeanor of

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the first degree, punishable as provided in s. 775.082 or s.

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775.083.

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     (2)(a) A seller of travel or independent agent may not

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offer for sale, facilitate, advertise, or promote travel for

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commercial sexual purposes.

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     (b) A seller of travel or independent agent who violates

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paragraph (a) commits a felony of the second degree, punishable

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

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     (3)(a) A court may issue an attachment order directing a

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financial institution to freeze some or all of the funds or

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assets deposited with or held by the financial institution by or

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on behalf of a seller of travel or independent agent when there

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exists a reasonable suspicion that the seller of travel or

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independent agent has violated or is about to violate paragraph

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(2)(a).

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     (b) A petition to attach assets must be filed by the

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department and must contain:

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     1. A statement of facts relied upon by the department,

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including the details of the particular offense that is about to

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be committed or that has been committed; and

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     2. Identification of the name and financial institution

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account number of the seller of travel or independent agent.

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     (c) If the court finds there exists a reasonable suspicion

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that the seller of travel or independent agent has violated or is

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about to violate paragraph (2)(a), that the accounts of the

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seller of travel or independent agent can be specifically

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identified, and that it is necessary to freeze the account

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holder's funds or assets in order to ensure eventual restitution

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to victims of the alleged offense, the court may order a

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financial institution to freeze all or part of the deposited

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funds or assets of the seller of travel or independent agent so

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that the funds or assets may not be withdrawn or disposed of

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until further order of the court.

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     Section 5.  Paragraph (a) of subsection (1) of section

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772.102, Florida Statutes, is amended to read:

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772.102  Definitions.--As used in this chapter, the term:

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(1)  "Criminal activity" means to commit, to attempt to

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commit, to conspire to commit, or to solicit, coerce, or

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intimidate another person to commit:

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(a)  Any crime that is chargeable by indictment or

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information under the following provisions:

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1.  Section 210.18, relating to evasion of payment of

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cigarette taxes.

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2.  Section 414.39, relating to public assistance fraud.

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3.  Section 440.105 or s. 440.106, relating to workers'

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compensation.

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4.  Part IV of chapter 501, relating to telemarketing.

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5.  Chapter 517, relating to securities transactions.

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6.  Section 550.235, s. 550.3551, or s. 550.3605, relating

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to dogracing and horseracing.

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7.  Chapter 550, relating to jai alai frontons.

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8.  Chapter 552, relating to the manufacture, distribution,

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and use of explosives.

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9.  Chapter 562, relating to beverage law enforcement.

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10.  Section 624.401, relating to transacting insurance

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without a certificate of authority, s. 624.437(4)(c)1., relating

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to operating an unauthorized multiple-employer welfare

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arrangement, or s. 626.902(1)(b), relating to representing or

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aiding an unauthorized insurer.

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11.  Chapter 687, relating to interest and usurious

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practices.

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12.  Section 721.08, s. 721.09, or s. 721.13, relating to

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real estate timeshare plans.

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13.  Chapter 782, relating to homicide.

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14.  Chapter 784, relating to assault and battery.

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15.  Chapter 787, relating to kidnapping or human

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trafficking.

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16.  Chapter 790, relating to weapons and firearms.

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17. Section 796.03, s. 796.04, s. 796.045, s. 796.05, s.

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796.06, or s. 796.07, relating to prostitution.

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18.  Chapter 806, relating to arson.

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19.  Section 810.02(2)(c), relating to specified burglary of

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a dwelling or structure.

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20.  Chapter 812, relating to theft, robbery, and related

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crimes.

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21.  Chapter 815, relating to computer-related crimes.

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22.  Chapter 817, relating to fraudulent practices, false

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pretenses, fraud generally, and credit card crimes.

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23.  Section 827.071, relating to commercial sexual

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exploitation of children.

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24.  Chapter 831, relating to forgery and counterfeiting.

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25.  Chapter 832, relating to issuance of worthless checks

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and drafts.

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26.  Section 836.05, relating to extortion.

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27.  Chapter 837, relating to perjury.

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28.  Chapter 838, relating to bribery and misuse of public

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office.

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29.  Chapter 843, relating to obstruction of justice.

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30.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or

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s. 847.07, relating to obscene literature and profanity.

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31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.

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849.25, relating to gambling.

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32.  Chapter 893, relating to drug abuse prevention and

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control.

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33.  Section 914.22 or s. 914.23, relating to witnesses,

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victims, or informants.

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34.  Section 918.12 or s. 918.13, relating to tampering with

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jurors and evidence.

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     Section 6.  Paragraph (a) of subsection (4) and paragraph

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(b) of subsection (10) of section 775.21, Florida Statutes, are

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amended to read:

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     775.21  The Florida Sexual Predators Act.--

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     (4)  SEXUAL PREDATOR CRITERIA.--

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     (a)  For a current offense committed on or after October 1,

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1993, upon conviction, an offender shall be designated as a

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"sexual predator" under subsection (5), and subject to

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registration under subsection (6) and community and public

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notification under subsection (7) if:

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     1.  The felony is:

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     a.  A capital, life, or first-degree felony violation, or

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any attempt thereof, of s. 787.01 or s. 787.02, where the victim

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is a minor and the defendant is not the victim's parent or

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guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a

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violation of a similar law of another jurisdiction; or

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     b.  Any felony violation, or any attempt thereof, of s.

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787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a

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minor and the defendant is not the victim's parent or guardian;

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s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03;

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former s. 796.035; s. 796.045(2); s. 800.04; s. 825.1025(2)(b);

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s. 827.071; s. 847.0145; or s. 985.701(1); or a violation of a

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similar law of another jurisdiction, and the offender has

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previously been convicted of or found to have committed, or has

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pled nolo contendere or guilty to, regardless of adjudication,

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any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where

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the victim is a minor and the defendant is not the victim's

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parent or guardian; s. 794.011, excluding s. 794.011(10); s.

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794.05; s. 796.03; former s. 796.035; s. 796.045(2); s. 800.04;

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s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.

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847.0135(4); s. 847.0145; or s. 985.701(1); or a violation of a

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similar law of another jurisdiction;

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     2.  The offender has not received a pardon for any felony or

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similar law of another jurisdiction that is necessary for the

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operation of this paragraph; and

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     3.  A conviction of a felony or similar law of another

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jurisdiction necessary to the operation of this paragraph has not

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been set aside in any postconviction proceeding.

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     (10)  PENALTIES.--

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     (b)  A sexual predator who has been convicted of or found to

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have committed, or has pled nolo contendere or guilty to,

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regardless of adjudication, any violation, or attempted

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violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where

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the victim is a minor and the defendant is not the victim's

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parent or guardian; s. 794.011, excluding s. 794.011(10); s.

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794.05; s. 796.03; former s. 796.035; s. 796.045(2); s. 800.04;

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s. 827.071; s. 847.0133; s. 847.0145; or s. 985.701(1); or a

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violation of a similar law of another jurisdiction when the

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victim of the offense was a minor, and who works, whether for

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compensation or as a volunteer, at any business, school, day care

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center, park, playground, or other place where children regularly

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congregate, commits a felony of the third degree, punishable as

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

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     Section 7.  Section 796.011, Florida Statutes, is created to

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read:

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     796.011 Definitions.--As used in this chapter, the term:

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     (1) "Assignation" means the making of any appointment or

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engagement for prostitution or lewdness or any act in furtherance

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of such appointment or engagement.

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     (2) "Coerces" means uses force or intimidation, or any

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practice of domination or restraint, in order to bring about or

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cause a person to take certain action. The term includes, but is

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not limited to, the use of:

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     (a) Physical force or threat of physical force.

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     (b) Physical or mental torture.

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     (c) Kidnapping.

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     (d) Blackmail.

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     (e) Extortion or claims of indebtedness.

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     (f) Threat of legal complaint or report of delinquency.

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     (g) Threat to interfere with parental rights or

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responsibilities, whether by judicial or administrative action or

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otherwise.

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     (h) Restraint of speech or communication with others.

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     (i) Exploitation of a condition of developmental

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disability, cognitive limitation, affective disorder, or

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substance dependency.

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     (j) Exploitation of victimization by sexual abuse.

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     (k) Exploitation of pornographic performance.

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     (l) Exploitation of human needs for food, shelter, safety,

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or affection.

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     (3) "Induces" means offers, promises, or withholds or

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threatens to withhold, a benefit or advantage, whether legal,

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financial, or otherwise, such as a promise of marriage,

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employment, or material support or advantage, in order to bring

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about or cause a person to take certain action.

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     (4) "Lewdness" means any indecent or obscene act.

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     (5) "Prostitution" means the giving or receiving of the

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body for sexual activity for hire; however, the term does not

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include sexual activity between spouses.

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     (6) "Sexual activity" means oral, anal, or vaginal

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penetration by, or union with, the sexual organ of another; anal

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or vaginal penetration of another by any other object; or the

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handling or fondling of the sexual organ of another for the

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purpose of masturbation; however, the term does not include acts

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done for bona fide medical purposes.

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     Section 8.  Section 796.03, Florida Statutes, is amended to

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read:

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     796.03 Procuring minor person under age of 18 for

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prostitution.--A person who procures for prostitution, or causes

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to be prostituted, any minor person who is under the age of 18

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years commits a felony of the first second degree, punishable as

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

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     Section 9.  Section 796.04, Florida Statutes, is amended to

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read:

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     796.04  Forcing, compelling, or coercing another to become a

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prostitute.--

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     (1) After May 1, 1943, It is shall be unlawful for anyone

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to force, compel, or coerce another to become a prostitute.

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     (2) A person anyone violating this section commits shall be

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guilty of a felony of the first third degree, punishable as

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

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     Section 10.  Section 796.035, Florida Statutes, is

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renumbered as subsection (2) of section 796.045, Florida

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Statutes, and amended, and section 796.045, Florida Statutes, is

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amended, to read:

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     796.045  Sex trafficking; penalties.--

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     (1)(a) Any person who knowingly recruits, entices, harbors,

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transports, provides, or obtains by any means a person, knowing

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that force, fraud, or coercion will be used to cause that person

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to engage in prostitution, commits the offense of sex

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trafficking, a felony of the first second degree, punishable as

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

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     (b) A person commits a life felony of the first degree,

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punishable as provided in s. 775.082, s. 775.083, or s. 775.084,

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if the offense of sex trafficking is committed against a minor

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person who is under the age of 14 or the if such offense results

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in death.

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     (2) 796.035 Selling or buying of minors into sex

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trafficking or prostitution; penalties.--Any parent, legal

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guardian, or other person having custody or control of a minor

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who sells or otherwise transfers custody or control of such

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minor, or offers to sell or otherwise transfer custody of such

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minor, with knowledge that, as a consequence of the sale or

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transfer, force, fraud, or coercion will be used to cause the

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minor to engage in prostitution or otherwise participate in the

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trade of sex trafficking, commits a life felony of the first

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

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775.084.

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     Section 11.  Section 796.06, Florida Statutes, is amended to

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read:

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     796.06 Use of space for prohibited activities; sanctions

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Renting space to be used for lewdness, assignation, or

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prostitution.--

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     (1) Any person who owns, lets, rents, maintains, controls,

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or operates It is unlawful to let, or rent any place, structure,

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building, or part thereof, or trailer or other conveyance, with

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the knowledge that it is being used, or will be used, in whole or

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in part, for the purpose of any activity prohibited under this

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chapter commits a felony of the third degree, punishable as

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

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assignation, or prostitution.

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     (2) A person who violates this section commits:

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     (a) A misdemeanor of the second degree for a first

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violation, punishable as provided in s. 775.082 or s. 775.083.

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     (b) A misdemeanor of the first degree for a second or

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subsequent violation, punishable as provided in s. 775.082 or s.

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775.083.

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     Section 12.  Section 796.07, Florida Statutes, is amended to

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read:

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     796.07 Prohibiting prostitution, lewdness, and assignation

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etc.; evidence; penalties; definitions.--

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     (1) As used in this section:

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     (a) "Prostitution" means the giving or receiving of the

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body for sexual activity for hire but excludes sexual activity

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between spouses.

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     (b) "Lewdness" means any indecent or obscene act.

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     (c) "Assignation" means the making of any appointment or

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engagement for prostitution or lewdness, or any act in

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furtherance of such appointment or engagement.

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     (d) "Sexual activity" means oral, anal, or vaginal

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penetration by, or union with, the sexual organ of another; anal

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or vaginal penetration of another by any other object; or the

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handling or fondling of the sexual organ of another for the

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purpose of masturbation; however, the term does not include acts

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done for bona fide medical purposes.

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     (1)(2) It is unlawful for a person:

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     (a) To own, establish, maintain, or operate any place,

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structure, building, or conveyance for the purpose of lewdness,

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assignation, or prostitution.

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     (a)(b) To offer, or to offer or agree to secure, any person

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another for the purpose of prostitution, lewdness, or assignation

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or for any other lewd or indecent act.

446

     (b)(c) To receive, or to offer or agree to receive, any

447

person into any place, structure, building, or trailer or other

448

conveyance for the purpose of prostitution, lewdness, or

449

assignation, or to permit any person to remain there for such

450

purpose.

451

     (c)(d) To direct, take, or transport, or to offer or agree

452

to direct, take, or transport, any person to any place,

453

structure, or building, or trailer or other conveyance or to any

454

other person, with knowledge or reasonable cause to believe that

455

the purpose of such directing, taking, or transporting is

456

prostitution, lewdness, or assignation.

457

     (d)(e) To offer to commit, or to commit, or to engage in,

458

prostitution, lewdness, or assignation.

459

     (e)(f) To solicit, induce, entice, or procure any person

460

another to commit prostitution, lewdness, or assignation.

461

     (f)(g) To reside in, enter, or remain in, any place,

462

structure, or building, or to enter or remain in any trailer or

463

other conveyance, for the purpose of prostitution, lewdness, or

464

assignation.

465

     (g)(h) To aid, abet, or participate in prostitution,

466

lewdness, or assignation any of the acts or things enumerated in

467

this subsection.

468

     (h)(i) To purchase the services of any person engaged in

469

prostitution.

470

     (2)(3)(a) In the trial of a person charged with a violation

471

of this section, testimony concerning the reputation of any

472

place, structure, building, or trailer or other conveyance

473

involved in the charge;, testimony concerning the reputation of

474

any person residing in, operating, or frequenting such place,

475

structure, building, or trailer or other conveyance;, and

476

testimony concerning the reputation of the defendant is

477

admissible in evidence in support of the charge.

478

     (b)  Notwithstanding any other provision of law, a police

479

officer may testify as an offended party in an action regarding

480

charges filed pursuant to this section.

481

     (3)(4) Except as otherwise provided in this chapter, a

482

person who violates any provision of this section commits:

483

     (a)  A misdemeanor of the second degree for a first

484

violation, punishable as provided in s. 775.082 or s. 775.083.

485

     (b)  A misdemeanor of the first degree for a second

486

violation, punishable as provided in s. 775.082 or s. 775.083.

487

     (c)  A felony of the third degree for a third or subsequent

488

violation, punishable as provided in s. 775.082, s. 775.083, or

489

s. 775.084.

490

     (4)(5) A person who is charged with a third or subsequent

491

violation of this section shall be offered admission to a

492

pretrial intervention program or a substance-abuse treatment

493

program as provided in s. 948.08.

494

     (5)(6) In addition to the punishment provided in subsection

495

(3), a person who violates paragraph (1)(e) (2)(f) shall be

496

assessed a civil penalty of $500 if the violation results in any

497

judicial disposition other than acquittal or dismissal. The

498

proceeds from penalties assessed under this subsection shall be

499

paid to the circuit court administrator for the sole purpose of

500

paying the administrative costs of treatment-based drug court

501

programs provided under s. 397.334.

502

     Section 13.  Section 796.09, Florida Statutes, is amended to

503

read:

504

     796.09 Coercion or inducement; civil cause of action;

505

evidence; defenses; attorney's fees.--

506

     (1)  A person has a cause of action for compensatory and

507

punitive damages against:

508

     (a) A person who coerces or induces coerced that person

509

into prostitution.;

510

     (b) A person who coerces or induces that person to remain

511

in prostitution.; or

512

     (c) A person who collects or receives uses coercion to

513

collect or receive any part of another that person's earnings

514

derived from prostitution.

515

     (2) As used in this section, the term "prostitution" has

516

the same meaning as in s. 796.07.

517

     (3) As used in this section, the term "coercion" means any

518

practice of domination, restraint, or inducement for the purpose

519

of or with the reasonably foreseeable effect of causing another

520

person to engage in or remain in prostitution or to relinquish

521

earnings derived from prostitution, and includes, but is not

522

limited to:

523

     (a) Physical force or threats of physical force.

524

     (b) Physical or mental torture.

525

     (c) Kidnapping.

526

     (d) Blackmail.

527

     (e) Extortion or claims of indebtedness.

528

     (f) Threat of legal complaint or report of delinquency.

529

     (g) Threat to interfere with parental rights or

530

responsibilities, whether by judicial or administrative action or

531

otherwise.

532

     (h) Promise of legal benefit.

533

     (i) Promise of greater financial rewards.

534

     (j) Promise of marriage.

535

     (k) Restraint of speech or communication with others.

536

     (l) Exploitation of a condition of developmental

537

disability, cognitive limitation, affective disorder, or

538

substance dependency.

539

     (m) Exploitation of victimization by sexual abuse.

540

     (n) Exploitation of pornographic performance.

541

     (o) Exploitation of human needs for food, shelter, safety,

542

or affection.

543

     (2)(4) In the course of litigation under this section, any

544

transaction about which a plaintiff testifies or produces

545

evidence does not subject such plaintiff to criminal prosecution

546

or any penalty or forfeiture. Further, any testimony or evidence,

547

documentary or otherwise, or information directly or indirectly

548

derived from such testimony or evidence which is given or

549

produced by a plaintiff or a witness for a plaintiff shall not be

550

used against these persons in any other investigation or

551

proceeding. Such testimony or evidence, however, may be used

552

against a plaintiff or a witness for a plaintiff upon any

553

criminal investigation or proceeding for perjury committed while

554

giving such testimony or producing such evidence.

555

     (3)(5) It does not constitute a defense to a complaint

556

under this section that:

557

     (a)  The plaintiff was paid or otherwise compensated for

558

acts of prostitution or other acts prohibited under this chapter;

559

     (b) The plaintiff engaged in acts of prostitution or other

560

acts prohibited under this chapter prior to any involvement with

561

the defendant; or

562

     (c)  The plaintiff made no attempt to escape, flee, or

563

otherwise terminate contact with the defendant;.

564

     (d) In the case of a cause of action based on inducement,

565

the victim consented; or

566

     (e) The plaintiff stipulated or otherwise agreed that the

567

prohibited acts did not occur as a result of coercion.

568

     (4)(6) Evidence of convictions for prostitution or other

569

acts prohibited under this chapter or prostitution-related

570

offenses are inadmissible in a proceeding brought under this

571

section for purposes of attacking the plaintiff's credibility.

572

     (5)(7) In any action brought under this section, the court

573

shall, in its discretion, may award prevailing plaintiffs

574

reasonable attorney's fees and costs.

575

     Section 14.  Section 796.10, Florida Statutes, is created to

576

read:

577

     796.10 Violations by a business entity; sanctions.--

578

     (1) For purposes of this section, the term "business

579

entity" includes, but is not limited to, any corporation,

580

syndicate, association, firm, joint venture, partnership, limited

581

liability company, or business trust.

582

     (2) If a business entity is convicted of a violation of

583

this chapter, the court may, when appropriate, order:

584

     (a) Its dissolution or reorganization;

585

     (b) The suspension or revocation of any license, including,

586

but not limited to, any occupational license, license under

587

chapter 561, permit, or prior approval granted to the business

588

entity by a state agency; or

589

     (c) The surrender of its charter, if organized under the

590

laws of this state, or any certificate to conduct business in

591

this state, if it is not organized by the laws of this state.

592

     (3) All property, real or personal, including money, used

593

in the course of, intended for use in the course of, derived

594

from, or realized through conduct in violation of a provision of

595

this chapter is subject to civil forfeiture to the state under

596

ss. 932.701-932.706.

597

     Section 15.  Section 823.05, Florida Statutes, is amended to

598

read:

599

     823.05 Places declared a nuisance; abatement may be abated

600

and injunction enjoined.--

601

     (1) Whoever shall erect, establish, continue, or maintain,

602

own or lease any building, booth, tent or place which tends to

603

annoy the community or injure the health of the community, or

604

become manifestly injurious to the morals or manners of the

605

people as described in s. 823.01, or shall be frequented by the

606

class of persons mentioned in s. 856.02, or any house or place of

607

prostitution, assignation, lewdness or place or building where

608

games of chance are engaged in violation of law or any place

609

where any law of the state is violated, shall be deemed guilty of

610

maintaining a nuisance, and the building, erection, place, tent

611

or booth and the furniture, fixtures and contents are declared a

612

nuisance. All such places or persons shall be abated or enjoined

613

as provided in ss. 60.05 and 60.06.

614

     (2) Any place, structure, building, or part thereof, or

615

trailer or other conveyance that has been used as provided in s.

616

893.138(2), may be declared a public nuisance and abated or

617

enjoined as provided in ss. 60.05 and 60.06.

618

     Section 16.  Paragraph (a) of subsection (2) of section

619

893.138, Florida Statutes, is amended to read:

620

     893.138  Local administrative action to abate drug-related,

621

prostitution-related, or stolen-property-related public nuisances

622

and criminal street gang activity.--

623

     (2)  Any place or premises that has been used:

624

     (a)  On more than two occasions within a 6-month period, as

625

the site of a violation of chapter 796 s. 796.07;

626

627

may be declared to be a public nuisance, and such nuisance may be

628

abated pursuant to the procedures provided in this section.

629

     Section 17.  Paragraph (a) of subsection (1) of section

630

895.02, Florida Statutes, is amended to read:

631

     895.02  Definitions.--As used in ss. 895.01-895.08, the

632

term:

633

     (1)  "Racketeering activity" means to commit, to attempt to

634

commit, to conspire to commit, or to solicit, coerce, or

635

intimidate another person to commit:

636

     (a)  Any crime that is chargeable by indictment or

637

information under the following provisions of the Florida

638

Statutes:

639

     1.  Section 210.18, relating to evasion of payment of

640

cigarette taxes.

641

     2.  Section 403.727(3)(b), relating to environmental

642

control.

643

     3.  Section 409.920 or s. 409.9201, relating to Medicaid

644

fraud.

645

     4.  Section 414.39, relating to public assistance fraud.

646

     5.  Section 440.105 or s. 440.106, relating to workers'

647

compensation.

648

     6.  Section 443.071(4), relating to creation of a fictitious

649

employer scheme to commit unemployment compensation fraud.

650

     7.  Section 465.0161, relating to distribution of medicinal

651

drugs without a permit as an Internet pharmacy.

652

     8.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and

653

499.0691, relating to crimes involving contraband and adulterated

654

drugs.

655

     9.  Part IV of chapter 501, relating to telemarketing.

656

     10.  Chapter 517, relating to sale of securities and

657

investor protection.

658

     11.  Section 550.235, s. 550.3551, or s. 550.3605, relating

659

to dogracing and horseracing.

660

     12.  Chapter 550, relating to jai alai frontons.

661

     13.  Section 551.109, relating to slot machine gaming.

662

     14.  Chapter 552, relating to the manufacture, distribution,

663

and use of explosives.

664

     15.  Chapter 560, relating to money transmitters, if the

665

violation is punishable as a felony.

666

     16.  Chapter 562, relating to beverage law enforcement.

667

     17.  Section 624.401, relating to transacting insurance

668

without a certificate of authority, s. 624.437(4)(c)1., relating

669

to operating an unauthorized multiple-employer welfare

670

arrangement, or s. 626.902(1)(b), relating to representing or

671

aiding an unauthorized insurer.

672

     18.  Section 655.50, relating to reports of currency

673

transactions, when such violation is punishable as a felony.

674

     19.  Chapter 687, relating to interest and usurious

675

practices.

676

     20.  Section 721.08, s. 721.09, or s. 721.13, relating to

677

real estate timeshare plans.

678

     21.  Chapter 782, relating to homicide.

679

     22.  Chapter 784, relating to assault and battery.

680

     23.  Chapter 787, relating to kidnapping or human

681

trafficking.

682

     24.  Chapter 790, relating to weapons and firearms.

683

     25. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.

684

796.05, s. 796.06, or s. 796.07, relating to prostitution and sex

685

trafficking.

686

     26.  Chapter 806, relating to arson.

687

     27.  Section 810.02(2)(c), relating to specified burglary of

688

a dwelling or structure.

689

     28.  Chapter 812, relating to theft, robbery, and related

690

crimes.

691

     29.  Chapter 815, relating to computer-related crimes.

692

     30.  Chapter 817, relating to fraudulent practices, false

693

pretenses, fraud generally, and credit card crimes.

694

     31.  Chapter 825, relating to abuse, neglect, or

695

exploitation of an elderly person or disabled adult.

696

     32.  Section 827.071, relating to commercial sexual

697

exploitation of children.

698

     33.  Chapter 831, relating to forgery and counterfeiting.

699

     34.  Chapter 832, relating to issuance of worthless checks

700

and drafts.

701

     35.  Section 836.05, relating to extortion.

702

     36.  Chapter 837, relating to perjury.

703

     37.  Chapter 838, relating to bribery and misuse of public

704

office.

705

     38.  Chapter 843, relating to obstruction of justice.

706

     39.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or

707

s. 847.07, relating to obscene literature and profanity.

708

     40.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.

709

849.25, relating to gambling.

710

     41.  Chapter 874, relating to criminal street gangs.

711

     42.  Chapter 893, relating to drug abuse prevention and

712

control.

713

     43.  Chapter 896, relating to offenses related to financial

714

transactions.

715

     44.  Sections 914.22 and 914.23, relating to tampering with

716

a witness, victim, or informant, and retaliation against a

717

witness, victim, or informant.

718

     45.  Sections 918.12 and 918.13, relating to tampering with

719

jurors and evidence.

720

     Section 18.  Paragraphs (a), (b), (d), (g), (h), and (i) of

721

subsection (3) of section 921.0022, Florida Statutes, are amended

722

to read:

723

     921.0022  Criminal Punishment Code; offense severity ranking

724

chart.--

725

     (3)  OFFENSE SEVERITY RANKING CHART

726

     (a)  LEVEL 1

727

FloridaStatuteFelonyDegreeDescription

728

24.118(3)(a)3rdCounterfeit or altered state lottery ticket.

729

212.054(2)(b)3rdDiscretionary sales surtax; limitations, administration, and collection.

730

212.15(2)(b)3rdFailure to remit sales taxes, amount greater than $300 but less than $20,000.

731

316.1935(1)3rdFleeing or attempting to elude law enforcement officer.

732

319.30(5)3rdSell, exchange, give away certificate of title or identification number plate.

733

319.35(1)(a)3rdTamper, adjust, change, etc., an odometer.

734

320.26(1)(a)3rdCounterfeit, manufacture, or sell registration license plates or validation stickers.

735

322.212(1)(a)-(c)3rdPossession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification.

736

322.212(4)3rdSupply or aid in supplying unauthorized driver's license or identification card.

737

322.212(5)(a)3rdFalse application for driver's license or identification card.

738

414.39(2)3rdUnauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200.

739

414.39(3)(a)3rdFraudulent misappropriation of public assistance funds by employee/official, value more than $200.

740

443.071(1)3rdFalse statement or representation to obtain or increase unemployment compensation benefits.

741

509.151(1)3rdDefraud an innkeeper, food or lodging value greater than $300.

742

517.302(1)3rdViolation of the Florida Securities and Investor Protection Act.

743

562.27(1)3rdPossess still or still apparatus.

744

713.693rdTenant removes property upon which lien has accrued, value more than $50.

745

796.07(3)(c)3rdProstitution, 3rd or subsequent violation.

746

812.014(3)(c)3rdPetit theft (3rd conviction); theft of any property not specified in subsection (2).

747

812.081(2)3rdUnlawfully makes or causes to be made a reproduction of a trade secret.

748

815.04(4)(a)3rdOffense against intellectual property (i.e., computer programs, data).

749

817.52(2)3rdHiring with intent to defraud, motor vehicle services.

750

817.569(2)3rdUse of public record or public records information to facilitate commission of a felony.

751

826.013rdBigamy.

752

828.122(3)3rdFighting or baiting animals.

753

831.04(1)3rdAny erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.

754

831.31(1)(a)3rdSell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.

755

832.041(1)3rdStopping payment with intent to defraud $150 or more.

756

832.05(2)(b)&(4)(c)3rdKnowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.

757

838.15(2)3rdCommercial bribe receiving.

758

838.163rdCommercial bribery.

759

843.183rdFleeing by boat to elude a law enforcement officer.

760

847.011(1)(a)3rdSell, distribute, etc., obscene, lewd, etc., material (2nd conviction).

761

849.013rdKeeping gambling house.

762

849.09(1)(a)-(d)3rdLottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.

763

849.233rdGambling-related machines; "common offender" as to property rights.

764

849.25(2)3rdEngaging in bookmaking.

765

860.083rdInterfere with a railroad signal.

766

860.13(1)(a)3rdOperate aircraft while under the influence.

767

893.13(2)(a)2.3rdPurchase of cannabis.

768

893.13(6)(a)3rdPossession of cannabis (more than 20 grams).

769

934.03(1)(a)3rdIntercepts, or procures any other person to intercept, any wire or oral communication.

770

771

     (b)  LEVEL 2

772

FloridaStatuteFelonyDegreeDescription

773

370.12(1)(e)3.3rdPossession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.

774

370.12(1)(e)4.3rdPossession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.

775

403.413(5)(c)3rdDumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.

776

517.073rdRegistration of securities and furnishing of prospectus required.

777

590.28(1)3rdWillful, malicious, or intentional burning.

778

784.05(3)3rdStoring or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.

779

787.04(1)3rdIn violation of court order, take, entice, etc., minor beyond state limits.

780

796.063rdUse of space for activity prohibited in chapter 796.

781

806.13(1)(b)3.3rdCriminal mischief; damage $1,000 or more to public communication or any other public service.

782

810.061(2)3rdImpairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.

783

810.09(2)(e)3rdTrespassing on posted commercial horticulture property.

784

812.014(2)(c)1.3rdGrand theft, 3rd degree; $300 or more but less than $5,000.

785

812.014(2)(d)3rdGrand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.

786

812.015(7)3rdPossession, use, or attempted use of an antishoplifting or inventory control device countermeasure.

787

817.234(1)(a)2.3rdFalse statement in support of insurance claim.

788

817.481(3)(a)3rdObtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.

789

817.52(3)3rdFailure to redeliver hired vehicle.

790

817.543rdWith intent to defraud, obtain mortgage note, etc., by false representation.

791

817.60(5)3rdDealing in credit cards of another.

792

817.60(6)(a)3rdForgery; purchase goods, services with false card.

793

817.613rdFraudulent use of credit cards over $100 or more within 6 months.

794

826.043rdKnowingly marries or has sexual intercourse with person to whom related.

795

831.013rdForgery.

796

831.023rdUttering forged instrument; utters or publishes alteration with intent to defraud.

797

831.073rdForging bank bills, checks, drafts, or promissory notes.

798

831.083rdPossessing 10 or more forged notes, bills, checks, or drafts.

799

831.093rdUttering forged notes, bills, checks, drafts, or promissory notes.

800

831.113rdBringing into the state forged bank bills, checks, drafts, or notes.

801

832.05(3)(a)3rdCashing or depositing item with intent to defraud.

802

843.083rdFalsely impersonating an officer.

803

893.13(2)(a)2.3rdPurchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.

804

893.147(2)3rdManufacture or delivery of drug paraphernalia.

805

806

     (d)  LEVEL 4

807

FloridaStatuteFelonyDegreeDescription

808

316.1935(3)(a)2ndDriving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.

809

499.0051(1)3rdFailure to maintain or deliver pedigree papers.

810

499.0051(2)3rdFailure to authenticate pedigree papers.

811

499.0051(6)2ndSale or delivery, or possession with intent to sell, contraband legend drugs.

812

784.07(2)(b)3rdBattery of law enforcement officer, firefighter, intake officer, etc.

813

784.074(1)(c)3rdBattery of sexually violent predators facility staff.

814

784.0753rdBattery on detention or commitment facility staff.

815

784.0783rdBattery of facility employee by throwing, tossing, or expelling certain fluids or materials.

816

784.08(2)(c)3rdBattery on a person 65 years of age or older.

817

784.081(3)3rdBattery on specified official or employee.

818

784.082(3)3rdBattery by detained person on visitor or other detainee.

819

784.083(3)3rdBattery on code inspector.

820

784.0853rdBattery of child by throwing, tossing, projecting, or expelling certain fluids or materials.

821

787.03(1)3rdInterference with custody; wrongly takes minor from appointed guardian.

822

787.04(2)3rdTake, entice, or remove child beyond state limits with criminal intent pending custody proceedings.

823

787.04(3)3rdCarrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.

824

790.115(1)3rdExhibiting firearm or weapon within 1,000 feet of a school.

825

790.115(2)(b)3rdPossessing electric weapon or device, destructive device, or other weapon on school property.

826

790.115(2)(c)3rdPossessing firearm on school property.

827

796.053rdDeriving support from prostitution proceeds.

828

800.04(7)(d)3rdLewd or lascivious exhibition; offender less than 18 years.

829

810.02(4)(a)3rdBurglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.

830

810.02(4)(b)3rdBurglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.

831

810.063rdBurglary; possession of tools.

832

810.08(2)(c)3rdTrespass on property, armed with firearm or dangerous weapon.

833

812.014(2)(c)3.3rdGrand theft, 3rd degree $10,000 or more but less than $20,000.

834

812.014(2)(c)4.-10.3rdGrand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.

835

812.0195(2)3rdDealing in stolen property by use of the Internet; property stolen $300 or more.

836

817.563(1)3rdSell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.

837

817.568(2)(a)3rdFraudulent use of personal identification information.

838

817.625(2)(a)3rdFraudulent use of scanning device or reencoder.

839

828.125(1)2ndKill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.

840

837.02(1)3rdPerjury in official proceedings.

841

837.021(1)3rdMake contradictory statements in official proceedings.

842

838.0223rdOfficial misconduct.

843

839.13(2)(a)3rdFalsifying records of an individual in the care and custody of a state agency.

844

839.13(2)(c)3rdFalsifying records of the Department of Children and Family Services.

845

843.0213rdPossession of a concealed handcuff key by a person in custody.

846

843.0253rdDeprive law enforcement, correctional, or correctional probation officer of means of protection or communication.

847

843.15(1)(a)3rdFailure to appear while on bail for felony (bond estreature or bond jumping).

848

874.05(1)3rdEncouraging or recruiting another to join a criminal street gang.

849

893.13(2)(a)1.2ndPurchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).

850

914.14(2)3rdWitnesses accepting bribes.

851

914.22(1)3rdForce, threaten, etc., witness, victim, or informant.

852

914.23(2)3rdRetaliation against a witness, victim, or informant, no bodily injury.

853

918.123rdTampering with jurors.

854

934.2153rdUse of two-way communications device to facilitate commission of a crime.

855

856

     (g)  LEVEL 7

857

FloridaStatuteFelonyDegreeDescription

858

316.027(1)(b)1stAccident involving death, failure to stop; leaving scene.

859

316.193(3)(c)2.3rdDUI resulting in serious bodily injury.

860

316.1935(3)(b)1stCausing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.

861

327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.

862

402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.

863

409.920(2)3rdMedicaid provider fraud.

864

456.065(2)3rdPracticing a health care profession without a license.

865

456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.

866

458.327(1)3rdPracticing medicine without a license.

867

459.013(1)3rdPracticing osteopathic medicine without a license.

868

460.411(1)3rdPracticing chiropractic medicine without a license.

869

461.012(1)3rdPracticing podiatric medicine without a license.

870

462.173rdPracticing naturopathy without a license.

871

463.015(1)3rdPracticing optometry without a license.

872

464.016(1)3rdPracticing nursing without a license.

873

465.015(2)3rdPracticing pharmacy without a license.

874

466.026(1)3rdPracticing dentistry or dental hygiene without a license.

875

467.2013rdPracticing midwifery without a license.

876

468.3663rdDelivering respiratory care services without a license.

877

483.828(1)3rdPracticing as clinical laboratory personnel without a license.

878

483.901(9)3rdPracticing medical physics without a license.

879

484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.

880

484.0533rdDispensing hearing aids without a license.

881

494.0018(2)1stConviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.

882

560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.

883

560.125(5)(a)3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.

884

655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.

885

775.21(10)(a)3rdSexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.

886

775.21(10)(b)3rdSexual predator working where children regularly congregate.

887

775.21(10)(g)3rdFailure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.

888

782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.

889

782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).

890

782.0712ndKilling of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).

891

782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).

892

784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.

893

784.045(1)(a)2.2ndAggravated battery; using deadly weapon.

894

784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.

895

784.048(4)3rdAggravated stalking; violation of injunction or court order.

896

784.048(7)3rdAggravated stalking; violation of court order.

897

784.07(2)(d)1stAggravated battery on law enforcement officer.

898

784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.

899

784.08(2)(a)1stAggravated battery on a person 65 years of age or older.

900

784.081(1)1stAggravated battery on specified official or employee.

901

784.082(1)1stAggravated battery by detained person on visitor or other detainee.

902

784.083(1)1stAggravated battery on code inspector.

903

790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).

904

790.16(1)1stDischarge of a machine gun under specified circumstances.

905

790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.

906

790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.

907

790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.

908

790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.

909

794.08(4)3rdFemale genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.

910

796.031st 2ndProcuring any minor person under 16 years for prostitution.

911

800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.

912

800.04(5)(c)2.2ndLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.

913

806.01(2)2ndMaliciously damage structure by fire or explosive.

914

810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.

915

810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.

916

810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.

917

810.02(3)(e)2ndBurglary of authorized emergency vehicle.

918

812.014(2)(a)1.1stProperty stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.

919

812.014(2)(b)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.

920

812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.

921

812.014(2)(b)4.2ndProperty stolen, law enforcement equipment from authorized emergency vehicle.

922

812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.

923

812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.

924

812.131(2)(a)2ndRobbery by sudden snatching.

925

812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.

926

817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.

927

817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.

928

817.234(11)(c)1stInsurance fraud; property value $100,000 or more.

929

817.2341(2)(b)&(3)(b)1stMaking false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.

930

825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.

931

825.103(2)(b)2ndExploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.

932

827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.

933

827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.

934

837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.

935

838.0152ndBribery.

936

838.0162ndUnlawful compensation or reward for official behavior.

937

838.021(3)(a)2ndUnlawful harm to a public servant.

938

838.222ndBid tampering.

939

847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.

940

847.0135(4)2ndTraveling to meet a minor to commit an unlawful sex act.

941

872.062ndAbuse of a dead human body.

942

893.13(1)(c)1.1stSell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.

943

893.13(1)(e)1.1stSell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.

944

893.13(4)(a)1stDeliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).

945

893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.

946

893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.

947

893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.

948

893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.

949

893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.

950

893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.

951

893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.

952

893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.

953

893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.

954

893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.

955

896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.

956

896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.

957

943.0435(4)(c)2ndSexual offender vacating permanent residence; failure to comply with reporting requirements.

958

943.0435(8)2ndSexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.

959

943.0435(9)(a)3rdSexual offender; failure to comply with reporting requirements.

960

943.0435(13)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

961

943.0435(14)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

962

944.607(9)3rdSexual offender; failure to comply with reporting requirements.

963

944.607(10)(a)3rdSexual offender; failure to submit to the taking of a digitized photograph.

964

944.607(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

965

944.607(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

966

985.4815(10)3rdSexual offender; failure to submit to the taking of a digitized photograph.

967

985.4815(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

968

985.4815(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

969

970

     (h)  LEVEL 8

971

FloridaStatuteFelonyDegreeDescription

972

316.193(3)(c)3.a.2ndDUI manslaughter.

973

316.1935(4)(b)1stAggravated fleeing or attempted eluding with serious bodily injury or death.

974

327.35(3)(c)3.2ndVessel BUI manslaughter.

975

499.0051(7)1stForgery of prescription or legend drug labels.

976

499.00521stTrafficking in contraband legend drugs.

977

560.123(8)(b)2.2ndFailure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.

978

560.125(5)(b)2ndMoney transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.

979

655.50(10)(b)2.2ndFailure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.

980

777.03(2)(a)1stAccessory after the fact, capital felony.

981

782.04(4)2ndKilling of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.

982

782.051(2)1stAttempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).

983

782.071(1)(b)1stCommitting vehicular homicide and failing to render aid or give information.

984

782.072(2)1stCommitting vessel homicide and failing to render aid or give information.

985

790.161(3)1stDischarging a destructive device which results in bodily harm or property damage.

986

794.011(5)2ndSexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.

987

794.08(3)2ndFemale genital mutilation, removal of a victim younger than 18 years of age from this state.

988

796.045(1)(a)1stSex trafficking.

989

800.04(4)2ndLewd or lascivious battery.

990

806.01(1)1stMaliciously damage dwelling or structure by fire or explosive, believing person in structure.

991

810.02(2)(a)1st,PBLBurglary with assault or battery.

992

810.02(2)(b)1st,PBLBurglary; armed with explosives or dangerous weapon.

993

810.02(2)(c)1stBurglary of a dwelling or structure causing structural damage or $1,000 or more property damage.

994

812.014(2)(a)2.1stProperty stolen; cargo valued at $50,000 or more, grand theft in 1st degree.

995

812.13(2)(b)1stRobbery with a weapon.

996

812.135(2)(c)1stHome-invasion robbery, no firearm, deadly weapon, or other weapon.

997

817.568(6)2ndFraudulent use of personal identification information of an individual under the age of 18.

998

825.102(2)2ndAggravated abuse of an elderly person or disabled adult.

999

825.1025(2)2ndLewd or lascivious battery upon an elderly person or disabled adult.

1000

825.103(2)(a)1stExploiting an elderly person or disabled adult and property is valued at $100,000 or more.

1001

837.02(2)2ndPerjury in official proceedings relating to prosecution of a capital felony.

1002

837.021(2)2ndMaking contradictory statements in official proceedings relating to prosecution of a capital felony.

1003

860.121(2)(c)1stShooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.

1004

860.161stAircraft piracy.

1005

893.13(1)(b)1stSell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

1006

893.13(2)(b)1stPurchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

1007

893.13(6)(c)1stPossess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

1008

893.135(1)(a)2.1stTrafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.

1009

893.135(1)(b)1.b.1stTrafficking in cocaine, more than 200 grams, less than 400 grams.

1010

893.135(1)(c)1.b.1stTrafficking in illegal drugs, more than 14 grams, less than 28 grams.

1011

893.135(1)(d)1.b.1stTrafficking in phencyclidine, more than 200 grams, less than 400 grams.

1012

893.135(1)(e)1.b.1stTrafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.

1013

893.135(1)(f)1.b.1stTrafficking in amphetamine, more than 28 grams, less than 200 grams.

1014

893.135(1)(g)1.b.1stTrafficking in flunitrazepam, 14 grams or more, less than 28 grams.

1015

893.135(1)(h)1.b.1stTrafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.

1016

893.135(1)(j)1.b.1stTrafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.

1017

893.135(1)(k)2.b.1stTrafficking in Phenethylamines, 200 grams or more, less than 400 grams.

1018

895.03(1)1stUse or invest proceeds derived from pattern of racketeering activity.

1019

895.03(2)1stAcquire or maintain through racketeering activity any interest in or control of any enterprise or real property.

1020

895.03(3)1stConduct or participate in any enterprise through pattern of racketeering activity.

1021

896.101(5)(b)2ndMoney laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.

1022

896.104(4)(a)2.2ndStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.

1023

1024

     (i)  LEVEL 9

1025

FloridaStatuteFelonyDegreeDescription

1026

316.193(3)(c)3.b.1stDUI manslaughter; failing to render aid or give information.

1027

327.35(3)(c)3.b.1stBUI manslaughter; failing to render aid or give information.

1028

499.005351stSale or purchase of contraband legend drugs resulting in great bodily harm.

1029

560.123(8)(b)3.1stFailure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.

1030

560.125(5)(c)1stMoney transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.

1031

655.50(10)(b)3.1stFailure to report financial transactions totaling or exceeding $100,000 by financial institution.

1032

775.08441stAggravated white collar crime.

1033

782.04(1)1stAttempt, conspire, or solicit to commit premeditated murder.

1034

782.04(3)1st,PBLAccomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.

1035

782.051(1)1stAttempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).

1036

782.07(2)1stAggravated manslaughter of an elderly person or disabled adult.

1037

787.01(1)(a)1.1st,PBLKidnapping; hold for ransom or reward or as a shield or hostage.

1038

787.01(1)(a)2.1st,PBLKidnapping with intent to commit or facilitate commission of any felony.

1039

787.01(1)(a)4.1st,PBLKidnapping with intent to interfere with performance of any governmental or political function.

1040

787.02(3)(a)1stFalse imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.

1041

790.1611stAttempted capital destructive device offense.

1042

790.166(2)1st,PBLPossessing, selling, using, or attempting to use a weapon of mass destruction.

1043

794.011(2)1stAttempted sexual battery; victim less than 12 years of age.

1044

794.011(2)LifeSexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.

1045

794.011(4)1stSexual battery; victim 12 years or older, certain circumstances.

1046

794.011(8)(b)1stSexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.

1047

794.08(2)1stFemale genital mutilation; victim younger than 18 years of age.

1048

796.045(1)(b)LifeSex trafficking involving a minor or resulting in death.

1049

796.045(2)LifeSelling or buying of minors into sex trafficking or prostitution.

1050

800.04(5)(b)LifeLewd or lascivious molestation; victim less than 12 years; offender 18 years or older.

1051

812.13(2)(a)1st,PBLRobbery with firearm or other deadly weapon.

1052

812.133(2)(a)1st,PBLCarjacking; firearm or other deadly weapon.

1053

812.135(2)(b)1stHome-invasion robbery with weapon.

1054

817.568(7)2nd,PBLFraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.

1055

827.03(2)1stAggravated child abuse.

1056

847.0145(1)1stSelling, or otherwise transferring custody or control, of a minor.

1057

847.0145(2)1stPurchasing, or otherwise obtaining custody or control, of a minor.

1058

859.011stPoisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.

1059

893.1351stAttempted capital trafficking offense.

1060

893.135(1)(a)3.1stTrafficking in cannabis, more than 10,000 lbs.

1061

893.135(1)(b)1.c.1stTrafficking in cocaine, more than 400 grams, less than 150 kilograms.

1062

893.135(1)(c)1.c.1stTrafficking in illegal drugs, more than 28 grams, less than 30 kilograms.

1063

893.135(1)(d)1.c.1stTrafficking in phencyclidine, more than 400 grams.

1064

893.135(1)(e)1.c.1stTrafficking in methaqualone, more than 25 kilograms.

1065

893.135(1)(f)1.c.1stTrafficking in amphetamine, more than 200 grams.

1066

893.135(1)(h)1.c.1stTrafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.

1067

893.135(1)(j)1.c.1stTrafficking in 1,4-Butanediol, 10 kilograms or more.

1068

893.135(1)(k)2.c.1stTrafficking in Phenethylamines, 400 grams or more.

1069

896.101(5)(c)1stMoney laundering, financial instruments totaling or exceeding $100,000.

1070

896.104(4)(a)3.1stStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.

1071

1072

     Section 19.  Subsection (7) of section 322.28, Florida

1073

Statutes, is amended to read:

1074

     322.28  Period of suspension or revocation.--

1075

     (7) Following a second or subsequent violation of s.

1076

796.07(1)(e) s. 796.07(2)(f) which involves a motor vehicle and

1077

which results in any judicial disposition other than acquittal or

1078

dismissal, in addition to any other sentence imposed, the court

1079

shall revoke the person's driver's license or driving privilege,

1080

effective upon the date of the disposition, for a period of not

1081

less than 1 year. A person sentenced under this subsection may

1082

request a hearing under s. 322.271.

1083

     Section 20.  Paragraph (a) of subsection (1) of section

1084

943.0435, Florida Statutes, is amended to read:

1085

     943.0435  Sexual offenders required to register with the

1086

department; penalty.--

1087

     (1)  As used in this section, the term:

1088

     (a)1.  "Sexual offender" means a person who meets the

1089

criteria in sub-subparagraph a., sub-subparagraph b., sub-

1090

subparagraph c., or sub-subparagraph d., as follows:

1091

     a.(I)  Has been convicted of committing, or attempting,

1092

soliciting, or conspiring to commit, any of the criminal offenses

1093

proscribed in the following statutes in this state or similar

1094

offenses in another jurisdiction: s. 787.01, s. 787.02, or s.

1095

787.025(2)(c), where the victim is a minor and the defendant is

1096

not the victim's parent or guardian; s. 794.011, excluding s.

1097

794.011(10); s. 794.05; s. 796.03; former s. 796.035; s.

1098

796.045(2); s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.

1099

847.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s.

1100

847.0145; or s. 985.701(1); or any similar offense committed in

1101

this state which has been redesignated from a former statute

1102

number to one of those listed in this sub-sub-subparagraph; and

1103

     (II)  Has been released on or after October 1, 1997, from

1104

the sanction imposed for any conviction of an offense described

1105

in sub-sub-subparagraph (I). For purposes of sub-sub-subparagraph

1106

(I), a sanction imposed in this state or in any other

1107

jurisdiction includes, but is not limited to, a fine, probation,

1108

community control, parole, conditional release, control release,

1109

or incarceration in a state prison, federal prison, private

1110

correctional facility, or local detention facility;

1111

     b.  Establishes or maintains a residence in this state and

1112

who has not been designated as a sexual predator by a court of

1113

this state but who has been designated as a sexual predator, as a

1114

sexually violent predator, or by another sexual offender

1115

designation in another state or jurisdiction and was, as a result

1116

of such designation, subjected to registration or community or

1117

public notification, or both, or would be if the person were a

1118

resident of that state or jurisdiction, without regard to whether

1119

the person otherwise meets the criteria for registration as a

1120

sexual offender;

1121

     c.  Establishes or maintains a residence in this state who

1122

is in the custody or control of, or under the supervision of, any

1123

other state or jurisdiction as a result of a conviction for

1124

committing, or attempting, soliciting, or conspiring to commit,

1125

any of the criminal offenses proscribed in the following statutes

1126

or similar offense in another jurisdiction: s. 787.01, s. 787.02,

1127

or s. 787.025(2)(c), where the victim is a minor and the

1128

defendant is not the victim's parent or guardian; s. 794.011,

1129

excluding s. 794.011(10); s. 794.05; s. 796.03; former s.

1130

796.035; s. 796.045(2); s. 800.04; s. 825.1025; s. 827.071; s.

1131

847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137; s.

1132

847.0138; s. 847.0145; or s. 985.701(1); or any similar offense

1133

committed in this state which has been redesignated from a former

1134

statute number to one of those listed in this sub-subparagraph;

1135

or

1136

     d.  On or after July 1, 2007, has been adjudicated

1137

delinquent for committing, or attempting, soliciting, or

1138

conspiring to commit, any of the criminal offenses proscribed in

1139

the following statutes in this state or similar offenses in

1140

another jurisdiction when the juvenile was 14 years of age or

1141

older at the time of the offense:

1142

     (I)  Section 794.011, excluding s. 794.011(10);

1143

     (II)  Section 800.04(4)(b) where the victim is under 12

1144

years of age or where the court finds sexual activity by the use

1145

of force or coercion;

1146

     (III)  Section 800.04(5)(c)1. where the court finds

1147

molestation involving unclothed genitals; or

1148

     (IV)  Section 800.04(5)(d) where the court finds the use of

1149

force or coercion and unclothed genitals.

1150

     2.  For all qualifying offenses listed in sub-subparagraph

1151

(1)(a)1.d., the court shall make a written finding of the age of

1152

the offender at the time of the offense.

1153

1154

For each violation of a qualifying offense listed in this

1155

subsection, the court shall make a written finding of the age of

1156

the victim at the time of the offense. For a violation of s.

1157

800.04(4), the court shall additionally make a written finding

1158

indicating that the offense did or did not involve sexual

1159

activity and indicating that the offense did or did not involve

1160

force or coercion. For a violation of s. 800.04(5), the court

1161

shall additionally make a written finding that the offense did or

1162

did not involve unclothed genitals or genital area and that the

1163

offense did or did not involve the use of force or coercion.

1164

     Section 21.  Paragraph (b) of subsection (1) of section

1165

944.606, Florida Statutes, is amended to read:

1166

     944.606  Sexual offenders; notification upon release.--

1167

     (1)  As used in this section:

1168

     (b)  "Sexual offender" means a person who has been convicted

1169

of committing, or attempting, soliciting, or conspiring to

1170

commit, any of the criminal offenses proscribed in the following

1171

statutes in this state or similar offenses in another

1172

jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where

1173

the victim is a minor and the defendant is not the victim's

1174

parent or guardian; s. 794.011, excluding s. 794.011(10); s.

1175

794.05; s. 796.03; former s. 796.035; s. 796.045(2); s. 800.04;

1176

s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.

1177

847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s.

1178

985.701(1); or any similar offense committed in this state which

1179

has been redesignated from a former statute number to one of

1180

those listed in this subsection, when the department has received

1181

verified information regarding such conviction; an offender's

1182

computerized criminal history record is not, in and of itself,

1183

verified information.

1184

     Section 22.  Paragraph (a) of subsection (1) of section

1185

944.607, Florida Statutes, is amended to read:

1186

     944.607  Notification to Department of Law Enforcement of

1187

information on sexual offenders.--

1188

     (1)  As used in this section, the term:

1189

     (a)  "Sexual offender" means a person who is in the custody

1190

or control of, or under the supervision of, the department or is

1191

in the custody of a private correctional facility:

1192

     1.  On or after October 1, 1997, as a result of a conviction

1193

for committing, or attempting, soliciting, or conspiring to

1194

commit, any of the criminal offenses proscribed in the following

1195

statutes in this state or similar offenses in another

1196

jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where

1197

the victim is a minor and the defendant is not the victim's

1198

parent or guardian; s. 794.011, excluding s. 794.011(10); s.

1199

794.05; s. 796.03; former s. 796.035; s. 796.045(2); s. 800.04;

1200

s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.

1201

847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s.

1202

985.701(1); or any similar offense committed in this state which

1203

has been redesignated from a former statute number to one of

1204

those listed in this paragraph; or

1205

     2.  Who establishes or maintains a residence in this state

1206

and who has not been designated as a sexual predator by a court

1207

of this state but who has been designated as a sexual predator,

1208

as a sexually violent predator, or by another sexual offender

1209

designation in another state or jurisdiction and was, as a result

1210

of such designation, subjected to registration or community or

1211

public notification, or both, or would be if the person were a

1212

resident of that state or jurisdiction, without regard as to

1213

whether the person otherwise meets the criteria for registration

1214

as a sexual offender.

1215

     Section 23.  This act shall take effect July 1, 2008.

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