HB 7131

1	A bill to be entitled
2	An act relating to criminal justice; amending s. 775.0877,
3	F.S.; revising obsolete references; amending s. 775.25,
4	F.S.; clarifying a reference to a repealed section;
5	amending s. 784.07, F.S.; removing an outdated reference
6	to certain employees in relation to assault and battery of
7	specified persons; amending s. 831.16, F.S.; clarifying a
8	cross-reference; clarifying that it is a third degree
9	felony for a person to knowingly have in his or her
10	possession fewer than 10 counterfeit coins with the intent
11	to utter or pass such coins; amending s. 831.17, F.S.;
12	clarifying a cross-reference; clarifying that certain
13	subsequent violations of s. 831.16, F.S., are punishable
14	as a second degree felony; amending s. 831.18, F.S.;
15	clarifying that the offense of making or possessing
16	instruments for forging bills is punishable as a third
17	degree felony; amending s. 831.21, F.S.; clarifying that
18	the offense of forging or counterfeiting a doctor's
19	certificate of examination is punishable as a third degree
20	felony; amending s. 831.27, F.S.; correcting a reference
21	relating to the offense of issuing notes; amending s.
22	838.021, F.S.; correcting grammatical errors; reenacting
23	s. 847.0125, F.S., relating to retail display of materials
24	harmful to minors; amending s. 860.13, F.S.; correcting an
25	obsolete reference; amending s. 865.09, F.S.; correcting a
26	reference; amending s. 893.10, F.S.; removing obsolete
27	language relating to evidence in possession of controlled
28	substances cases; reenacting s. 914.24(2)(a), F.S.,
29	relating to victim and witness protection orders; amending
30	ss. 916.12 and 916.3012, F.S.; revising and clarifying
31	provisions; amending s. 918.0155, F.S.; deleting obsolete
32	language directing the Legislature to request the Supreme
33	Court to adopt emergency rules; amending s. 921.0022,
34	F.S.; correcting references in the offense severity
35	ranking chart; reenacting s. 921.141(5)(a), F.S., relating
36	to sentence of death or life imprisonment for capital
37	felonies; amending s. 932.704, F.S.; deleting an obsolete
38	provision relating to the deadline for certifying
39	compliance with the Contraband Forfeiture Act; amending s.
40	933.18, F.S.; correcting a reference in relation to when a
41	warrant may be issued to search a dwelling; amending s.
42	933.40, F.S.; replacing obsolete references to
43	"magistrate" with references to "trial court judge";
44	amending s. 934.03, F.S.; deleting an obsolete cross-
45	reference; defining the term "public utility"; amending s.
46	938.15, F.S.; clarifying that the term "commission" refers
47	to the Criminal Justice Standards and Training Commission;
48	amending s. 943.051, F.S.; clarifying a reference to a
49	repealed section; amending s. 943.053, F.S.; removing an
50	obsolete reference; amending s. 943.0581, F.S.; clarifying
51	provisions; reenacting s. 943.0582(3)(a) and (5), F.S.,
52	relating to prearrest, postarrest, or teen court diversion
53	program expunction; reenacting s. 943.135(4)(b), F.S.,
54	relating to requirements for continued employment;
55	amending s. 944.053, F.S.; updating obsolete provisions;
56	reenacting s. 944.28(1), F.S., relating to gain-time;
57	amending ss. 944.708, 944.801, and 945.10, F.S.; replacing
58	obsolete references to the Department of Labor and
59	Employment Security with references to the Agency for
60	Workforce Innovation; reenacting s. 947.06, F.S., relating
61	to when the Florida Parole Commission may meet and act;
62	amending s. 949.071, F.S.; correcting a federal statutory
63	citation; amending s. 957.07, F.S.; replacing an obsolete
64	reference to the Correctional Privatization Commission
65	with a reference to the Department of Management Services;
66	amending s. 985.486, F.S.; correcting references
67	concerning intensive residential treatment programs for
68	offenders less than 13 years of age; amending s. 985.632,
69	F.S.; removing a reference to a repealed provision;
70	removing obsolete provisions; reenacting s. 985.686(2)(b),
71	F.S., relating to county and state responsibility for
72	juvenile detention; amending ss. 815.03, 817.554, 828.17,
73	831.30, 877.22, 893.02, 921.20, 944.023, 944.474, 947.16,
74	951.23, 951.231, 960.003, and 984.225, F.S.; correcting
75	cross-references; providing an effective date.
76
77	Be It Enacted by the Legislature of the State of Florida:
78
79	Section 1.  Paragraph (c) of subsection (1) of section
80	775.0877, Florida Statutes, is amended to read:
81	775.0877  Criminal transmission of HIV; procedures;
82	penalties.-
83	(1)  In any case in which a person has been convicted of or
84	has pled nolo contendere or guilty to, regardless of whether
85	adjudication is withheld, any of the following offenses, or the
86	attempt thereof, which offense or attempted offense involves the
87	transmission of body fluids from one person to another:
88	(c)  Section 800.04(1), (2), and (3), relating to lewd or
89	lascivious offenses committed upon or in the presence of persons
90	lewd, lascivious, or indecent assault or act upon any person
91	less than 16 years of age,
92
93	the court shall order the offender to undergo HIV testing, to be
94	performed under the direction of the Department of Health in
95	accordance with s. 381.004, unless the offender has undergone
96	HIV testing voluntarily or pursuant to procedures established in
97	s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
98	rule providing for HIV testing of criminal offenders or inmates,
99	subsequent to her or his arrest for an offense enumerated in
100	paragraphs (a)-(n) for which she or he was convicted or to which
101	she or he pled nolo contendere or guilty. The results of an HIV
102	test performed on an offender pursuant to this subsection are
103	not admissible in any criminal proceeding arising out of the
104	alleged offense.
105	Section 2.  Section 775.25, Florida Statutes, is amended to
106	read:
107	775.25  Prosecutions for acts or omissions.-A sexual
108	predator or sexual offender who commits any act or omission in
109	violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
110	944.607, or former s. 947.177 may be prosecuted for the act or
111	omission in the county in which the act or omission was
112	committed, the county of the last registered address of the
113	sexual predator or sexual offender, or the county in which the
114	conviction occurred for the offense or offenses that meet the
115	criteria for designating a person as a sexual predator or sexual
116	offender. In addition, a sexual predator may be prosecuted for
117	any such act or omission in the county in which he or she was
118	designated a sexual predator.
119	Section 3.  Subsection (2) of section 784.07, Florida
120	Statutes, is amended to read:
121	784.07  Assault or battery of law enforcement officers,
122	firefighters, emergency medical care providers, public transit
123	employees or agents, or other specified officers;
124	reclassification of offenses; minimum sentences.-
125	(2)  Whenever any person is charged with knowingly
126	committing an assault or battery upon a law enforcement officer,
127	a firefighter, an emergency medical care provider, a traffic
128	accident investigation officer as described in s. 316.640, a
129	nonsworn law enforcement agency employee who is certified as an
130	agency inspector, a blood alcohol analyst, or a breath test
131	operator while such employee is in uniform and engaged in
132	processing, testing, evaluating, analyzing, or transporting a
133	person who is detained or under arrest for DUI, a law
134	enforcement explorer, a traffic infraction enforcement officer
135	as described in s. 316.640, a parking enforcement specialist as
136	defined in s. 316.640, a person licensed as a security officer
137	as defined in s. 493.6101 and wearing a uniform that bears at
138	least one patch or emblem that is visible at all times that
139	clearly identifies the employing agency and that clearly
140	identifies the person as a licensed security officer, or a
141	security officer employed by the board of trustees of a
142	community college, while the officer, firefighter, emergency
143	medical care provider, intake officer, traffic accident
144	investigation officer, traffic infraction enforcement officer,
145	inspector, analyst, operator, law enforcement explorer, parking
146	enforcement specialist, public transit employee or agent, or
147	security officer is engaged in the lawful performance of his or
148	her duties, the offense for which the person is charged shall be
149	reclassified as follows:
150	(a)  In the case of assault, from a misdemeanor of the
151	second degree to a misdemeanor of the first degree.
152	(b)  In the case of battery, from a misdemeanor of the
153	first degree to a felony of the third degree.
154	(c)  In the case of aggravated assault, from a felony of
155	the third degree to a felony of the second degree.
156	Notwithstanding any other provision of law, any person convicted
157	of aggravated assault upon a law enforcement officer shall be
158	sentenced to a minimum term of imprisonment of 3 years.
159	(d)  In the case of aggravated battery, from a felony of
160	the second degree to a felony of the first degree.
161	Notwithstanding any other provision of law, any person convicted
162	of aggravated battery of a law enforcement officer shall be
163	sentenced to a minimum term of imprisonment of 5 years.
164	Section 4.  Subsection (11) of section 815.03, Florida
165	Statutes, is amended to read:
166	815.03  Definitions.-As used in this chapter, unless the
167	context clearly indicates otherwise:
168	(11)  "Property" means anything of value as defined in s.
169	812.012 812.011 and includes, but is not limited to, financial
170	instruments, information, including electronically produced data
171	and computer software and programs in either machine-readable or
172	human-readable form, and any other tangible or intangible item
173	of value.
174	Section 5.  Subsection (4) of section 817.554, Florida
175	Statutes, is amended to read:
176	817.554  Fraudulently offering for sale tour or travel-
177	related services.-
178	(4)  Any individual or group which meets the standards of
179	organized fraud as defined in s. 817.034 817.036 shall be
180	punished as provided in s. 817.034 817.036.
181	Section 6.  Section 828.17, Florida Statutes, is amended to
182	read:
183	828.17  Officer to arrest without warrant.-Any sheriff or
184	any other peace officer of the state, or any police officer of
185	any city or town of the state, shall arrest without warrant any
186	person found violating any of the provisions of ss. 828.04,
187	828.08, 828.12, and 828.13-828.16, and the officer making the
188	arrest shall hold the offender until a warrant can be procured,
189	and he or she shall use proper diligence to procure such
190	warrant.
191	Section 7.  Section 831.16, Florida Statutes, is amended to
192	read:
193	831.16  Having fewer less than 10 counterfeit coins in
194	possession, with intent to utter.-Whoever has in his or her
195	possession any number of pieces fewer less than 10 of the
196	counterfeit coin mentioned in s. 831.15 the preceding section,
197	knowing the same to be counterfeit, with intent to utter or pass
198	the same as true, or who utters, passes or tenders in payment as
199	true any such counterfeit coin, knowing the same to be false and
200	counterfeit, commits a felony of the third degree, punishable as
201	provided in s. 775.082, s. 775.083, or s. 775.084 shall be
202	punished by imprisonment in the state prison not exceeding 10
203	years, or in the county jail not exceeding 12 months, or by fine
204	not exceeding $1,000.
205	Section 8.  Section 831.17, Florida Statutes, is amended to
206	read:
207	831.17  Violation of s. 831.16; second conviction.-Whoever
208	having been convicted of either of the offenses mentioned in s.
209	831.16 the preceding section, is again convicted of either of
210	the same offenses, committed after the former conviction, and
211	whoever is at the same term of the court convicted upon three
212	distinct charges of said offenses, commits a felony of the
213	second degree, punishable as provided in s. 775.082, s. 775.083,
214	or s. 775.084 shall be deemed a common utterer of counterfeit
215	coin and punished by imprisonment in the state prison not
216	exceeding 20 years.
217	Section 9.  Section 831.18, Florida Statutes, is amended to
218	read:
219	831.18  Making or possessing instruments for forging
220	bills.-Whoever engraves, makes, or amends, or begins to engrave,
221	make, or amend, any plate, block, press, or other tool,
222	instrument, or implement, or makes or provides any paper or
223	other material, adapted and designed for the making of a false
224	and counterfeit note, certificate, or other bill of credit,
225	purporting to be issued by lawful authority for a debt of this
226	state, or a false or counterfeit note or bill, in the similitude
227	of the notes or bills issued by any bank or banking company
228	established in this state, or within the United States, or in
229	any foreign province, state, or government; and whoever has in
230	his or her possession any such plate or block engraved in any
231	part, or any press or other tool, instrument, or any paper or
232	other material adapted and designed as aforesaid, with intent to
233	issue the same, or to cause or permit the same to be used in
234	forging or making any such false and counterfeit certificates,
235	bills, or notes, commits a felony of the third degree,
236	punishable as provided in s. 775.082, s. 775.083, or s. 775.084
237	shall be punished by imprisonment in the state prison not
238	exceeding 10 years, or by fine not exceeding $1,000.
239	Section 10.  Section 831.21, Florida Statutes, is amended
240	to read:
241	831.21  Forging or counterfeiting doctor's certificate of
242	examination.-Whoever falsely makes, alters, forges, or
243	counterfeits any doctor's certificate or record of examination
244	to an application for a policy of insurance, or knowing such
245	doctor's certificate or record of examination to be falsely
246	made, altered, forged, or counterfeited, passes shall pass,
247	utters, utter or publishes publish such certificate as true,
248	with intent to injure or defraud any person, commits a felony of
249	the third degree, punishable as provided in s. 775.082, s.
250	775.083, or s. 775.084 shall be deemed guilty of forgery, and
251	upon conviction thereof shall be punished by imprisonment in the
252	state penitentiary not exceeding 5 years, or by fine not
253	exceeding $500.
254	Section 11.  Section 831.27, Florida Statutes, is amended
255	to read:
256	831.27  Issuing notes.-Whoever issues any note, bill,
257	order, or check, other than foreign bills of exchange and notes
258	or bills of some bank or company incorporated by the laws of
259	this state, or by the laws of the United States, or by the laws
260	of Canada either of the British provinces in North America, with
261	intent that the same shall be circulated as currency, commits
262	shall be guilty of a misdemeanor of the second degree,
263	punishable as provided in s. 775.083.
264	Section 12.  Section 831.30, Florida Statutes, is amended
265	to read:
266	831.30  Medicinal drugs; fraud in obtaining.-Whoever:
267	(1)  Falsely makes, alters, or forges any prescription, as
268	defined in s. 465.003 465.031(2), for a medicinal drug other
269	than a drug controlled by chapter 893;
270	(2)  Knowingly causes such prescription to be falsely made,
271	altered, forged, or counterfeited; or
272	(3)  Passes, utters, or publishes such prescription or
273	otherwise knowingly holds out such false or forged prescription
274	as true,
275
276	with intent to obtain such drug commits, shall be guilty of a
277	misdemeanor of the second degree, punishable as provided in s.
278	775.082 or s. 775.083. A second or subsequent conviction
279	constitutes shall constitute a misdemeanor of the first degree,
280	punishable as provided in s. 775.082 or s. 775.083.
281	Section 13.  Subsection (1) of section 838.021, Florida
282	Statutes, is amended to read:
283	838.021  Corruption by threat against public servant.-
284	(1)  It is unlawful to harm Whoever unlawfully harms or
285	threaten to threatens unlawful harm to any public servant, to
286	his or her immediate family, or to any other person with whose
287	welfare the public servant is interested, with the intent to or
288	purpose:
289	(a)  To Influence the performance of any act or omission
290	that which the person believes to be, or that the public servant
291	represents as being, within the official discretion of the
292	public servant, in violation of a public duty, or in performance
293	of a public duty.
294	(b)  To Cause or induce the public servant to use or exert,
295	or procure the use or exertion of, any influence upon or with
296	any other public servant regarding any act or omission that
297	which the person believes to be, or that the public servant
298	represents as being, within the official discretion of the
299	public servant, in violation of a public duty, or in performance
300	of a public duty.
301	Section 14.  Section 847.0125, Florida Statutes, is
302	reenacted to read:
303	847.0125  Retail display of materials harmful to minors
304	prohibited.-
305	(1)  "KNOWINGLY" DEFINED.-As used in this section,
306	"knowingly" means having general knowledge of, reason to know,
307	or a belief or ground for belief which warrants further
308	inspection or inquiry of both:
309	(a)  The character and content of any material described
310	herein which is reasonably susceptible of examination by the
311	defendant, and
312	(b)  The age of the minor; however, an honest mistake shall
313	constitute an excuse from liability hereunder if the defendant
314	made a reasonable bona fide attempt to ascertain the true age of
315	such minor.
316	(2)  OFFENSES AND PENALTIES.-
317	(a)  It is unlawful for anyone offering for sale in a
318	retail establishment open to the general public any book,
319	magazine, or other printed material, the cover of which depicts
320	material which is harmful to minors, to knowingly exhibit such
321	book, magazine, or material in such establishment in such a way
322	that it is on open display to, or within the convenient reach
323	of, minors who may frequent the retail establishment. Such items
324	shall, however, be displayed, either individually or
325	collectively, behind an opaque covering which conceals the book,
326	magazine, or other printed material.
327	(b)  It is unlawful for anyone offering for sale in a
328	retail establishment open to the general public any book,
329	magazine, or other printed material, the content of which
330	exploits, is devoted to, or is principally made up of
331	descriptions or depictions of material which is harmful to
332	minors, to knowingly exhibit such book, magazine, or material in
333	such establishment in such a way that it is within the
334	convenient reach of minors who may frequent the retail
335	establishment.
336	(c)  A violation of any provision of this section
337	constitutes a misdemeanor of the first degree, punishable as
338	provided in s. 775.082 or s. 775.083.
339	Section 15.  Subsection (4) of section 860.13, Florida
340	Statutes, is amended to read:
341	860.13  Operation of aircraft while intoxicated or in
342	careless or reckless manner; penalty.-
343	(4)  It shall be the duty of any court in which there is a
344	conviction for violation of this statute to report such
345	conviction to the Federal Aviation Civil Aeronautics
346	Administration for its guidance and information with respect to
347	the pilot's certificate.
348	Section 16.  Subsection (11) of section 865.09, Florida
349	Statutes, is amended to read:
350	865.09  Fictitious name registration.-
351	(11)  FORMS.-Registration, cancellation, and renewal shall
352	be made on forms prescribed by the Department of State, which
353	may include the uniform business report, pursuant to s. 606.06,
354	as a means of satisfying the requirement of this section part.
355	Section 17.  Subsection (4) of section 877.22, Florida
356	Statutes, is amended to read:
357	877.22  Minors prohibited in public places and
358	establishments during certain hours; penalty; procedure.-
359	(4)  If a minor violates a curfew and is taken into
360	custody, the minor shall be transported immediately to a police
361	station or to a facility operated by a religious, charitable, or
362	civic organization that conducts a curfew program in cooperation
363	with a local law enforcement agency. After recording pertinent
364	information about the minor, the law enforcement agency shall
365	attempt to contact the parent of the minor and, if successful,
366	shall request that the parent take custody of the minor and
367	shall release the minor to the parent. If the law enforcement
368	agency is not able to contact the minor's parent within 2 hours
369	after the minor is taken into custody, or if the parent refuses
370	to take custody of the minor, the law enforcement agency may
371	transport the minor to her or his residence or proceed as
372	authorized under part V II of chapter 39.
373	Section 18.  Subsection (21) of section 893.02, Florida
374	Statutes, is amended to read:
375	893.02  Definitions.-The following words and phrases as
376	used in this chapter shall have the following meanings, unless
377	the context otherwise requires:
378	(21)  "Prescription" means and includes an order for drugs
379	or medicinal supplies written, signed, or transmitted by word of
380	mouth, telephone, telegram, or other means of communication by a
381	duly licensed practitioner licensed by the laws of the state to
382	prescribe such drugs or medicinal supplies, issued in good faith
383	and in the course of professional practice, intended to be
384	filled, compounded, or dispensed by another person licensed by
385	the laws of the state to do so, and meeting the requirements of
386	s. 893.04. The term also includes an order for drugs or
387	medicinal supplies so transmitted or written by a physician,
388	dentist, veterinarian, or other practitioner licensed to
389	practice in a state other than Florida, but only if the
390	pharmacist called upon to fill such an order determines, in the
391	exercise of his or her professional judgment, that the order was
392	issued pursuant to a valid patient-physician relationship, that
393	it is authentic, and that the drugs or medicinal supplies so
394	ordered are considered necessary for the continuation of
395	treatment of a chronic or recurrent illness. However, if the
396	physician writing the prescription is not known to the
397	pharmacist, the pharmacist shall obtain proof to a reasonable
398	certainty of the validity of said prescription. A prescription
399	order for a controlled substance shall not be issued on the same
400	prescription blank with another prescription order for a
401	controlled substance which is named or described in a different
402	schedule, nor shall any prescription order for a controlled
403	substance be issued on the same prescription blank as a
404	prescription order for a medicinal drug, as defined in s.
405	465.003(8) 465.031(5), which does not fall within the definition
406	of a controlled substance as defined in this act.
407	Section 19.  Subsections (3) and (4) of section 893.10,
408	Florida Statutes, are renumbered as subsections (2) and (3),
409	respectively, and present subsection (2) of that section is
410	amended to read:
411	893.10  Burden of proof; photograph or video recording of
412	evidence.-
413	(2)  In the case of a person charged under s. 893.14(1)
414	with the possession of a controlled substance, the label
415	required under s. 893.04(1) or s. 893.05(2) is admissible in
416	evidence and prima facie evidence that such substance was
417	obtained pursuant to a valid prescription form or dispensed by a
418	practitioner while acting in the course of his or her
419	professional practice.
420	Section 20.  Paragraph (a) of subsection (2) of section
421	914.24, Florida Statutes, is reenacted to read:
422	914.24  Civil action to restrain harassment of a victim or
423	witness.-
424	(2)(a)  A circuit court, upon motion of the state attorney,
425	shall issue a protective order prohibiting the harassment of a
426	victim or witness in a criminal case if the court, after a
427	hearing, finds by a preponderance of the evidence that
428	harassment of an identified victim or witness in a criminal case
429	exists or that such order is necessary to prevent and restrain
430	an offense under s. 914.22, other than an offense consisting of
431	misleading conduct, or to prevent and restrain an offense under
432	s. 914.23.
433	Section 21.  Subsection (3) of section 916.12, Florida
434	Statutes, is amended to read:
435	916.12  Mental competence to proceed.-
436	(3)  In considering the issue of competence to proceed, an
437	examining expert shall first consider and specifically include
438	in his or her report the defendant's capacity to:
439	(a)  Appreciate the charges or allegations against the
440	defendant.
441	(b)  Appreciate the range and nature of possible penalties,
442	if applicable, that may be imposed in the proceedings against
443	the defendant.
444	(c)  Understand the adversarial nature of the legal
445	process.
446	(d)  Disclose to counsel facts pertinent to the proceedings
447	at issue.
448	(e)  Manifest appropriate courtroom behavior.
449	(f)  Testify relevantly.
450
451	(g)  In addition, an examining expert shall consider and
452	include in his or her report any other factor deemed relevant by
453	the expert.
454	Section 22.  Subsection (3) of section 916.3012, Florida
455	Statutes, is amended to read:
456	916.3012  Mental competence to proceed.-
457	(3)  In considering the issue of competence to proceed, an
458	the examining expert experts shall first consider and
459	specifically include in his or her their report the defendant's
460	capacity to:
461	(a)  Appreciate the charges or allegations against the
462	defendant.
463	(b)  Appreciate the range and nature of possible penalties,
464	if applicable, that may be imposed in the proceedings against
465	the defendant.
466	(c)  Understand the adversarial nature of the legal
467	process.
468	(d)  Disclose to counsel facts pertinent to the proceedings
469	at issue.
470	(e)  Manifest appropriate courtroom behavior.
471	(f)  Testify relevantly.
472
473	(g)  In addition, an examining expert shall consider and
474	include in his or her report any other factor deemed relevant by
475	the expert experts.
476	Section 23.  Section 918.0155, Florida Statutes, is amended
477	to read:
478	918.0155  Expeditious disposition of particular criminal
479	cases involving a child under age 16.-Every criminal case
480	prosecuted under chapter 782, chapter 784, chapter 787, chapter
481	794, chapter 796, chapter 800, chapter 827, or chapter 847 which
482	involves the abuse of a child or unlawful sexual contact or acts
483	performed in the presence of, with, or upon a child under the
484	age of 16 shall be heard and disposed of as expeditiously as
485	possible. The Legislature requests the Supreme Court to adopt
486	emergency rules regarding the expeditious handling of the
487	matters enumerated in this section.
488	Section 24.  Paragraphs (b) and (d) of subsection (3) of
489	section 921.0022, Florida Statutes, are amended to read:
490	921.0022  Criminal Punishment Code; offense severity
491	ranking chart.-
492	(3)  OFFENSE SEVERITY RANKING CHART
493	(b)  LEVEL 2
	Florida Statute Felony Degree Description
494
	379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
495
	379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
496
	403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
497
	517.07 3rd Registration of securities and furnishing of prospectus required.
498
	590.28(1) 3rd Willful, malicious, or Intentional burning of lands.
499
	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
500
	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
501
	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
502
	810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
503
	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
504
	812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
505
	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
506
	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
507
	817.234(1)(a)2. 3rd False statement in support of insurance claim.
508
	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
509
	817.52(3) 3rd Failure to redeliver hired vehicle.
510
	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
511
	817.60(5) 3rd Dealing in credit cards of another.
512
	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
513
	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
514
	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
515
	831.01 3rd Forgery.
516
	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
517
	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
518
	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
519
	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
520
	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
521
	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
522
	843.08 3rd Falsely impersonating an officer.
523
	893.13(2)(a)2. 3rd Purchase 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.
524
	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
525	(d)  LEVEL 4
	Florida Statute Felony Degree Description
526
	316.1935(3)(a) 2nd 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.
527
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
528
	499.0051(2) 3rd Failure to authenticate pedigree papers.
529
	499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
530
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
531
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
532
	784.075 3rd Battery on detention or commitment facility staff.
533
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
534
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
535
	784.081(3) 3rd Battery on specified official or employee.
536
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
537
	784.083(3) 3rd Battery on code inspector.
538
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
539
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
540
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
541
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
542
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
543
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
544
	790.115(2)(c) 3rd Possessing firearm on school property.
545
	800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
546
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
547
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
548
	810.06 3rd Burglary; possession of tools.
549
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
550
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
551
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
552
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
553
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
554
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
555
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
556
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
557
	837.02(1) 3rd Perjury in official proceedings.
558
	837.021(1) 3rd Make contradictory statements in official proceedings.
559
	838.022 3rd Official misconduct.
560
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
561
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
562
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
563
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
564
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
565
	847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
566
	874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
567
	893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
568
	914.14(2) 3rd Witnesses accepting bribes.
569
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
570
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
571
	918.12 3rd Tampering with jurors.
572
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
573
574	Section 25.  Paragraph (a) of subsection (5) of section
575	921.141, Florida Statutes, is reenacted to read:
576	921.141  Sentence of death or life imprisonment for capital
577	felonies; further proceedings to determine sentence.-
578	(5)  AGGRAVATING CIRCUMSTANCES.-Aggravating circumstances
579	shall be limited to the following:
580	(a)  The capital felony was committed by a person
581	previously convicted of a felony and under sentence of
582	imprisonment or placed on community control or on felony
583	probation.
584	Section 26.  Section 921.20, Florida Statutes, is amended
585	to read:
586	921.20  Classification summary; Parole Commission.-As soon
587	as possible after a prisoner has been placed in the custody of
588	the Department of Corrections, the classification board shall
589	furnish a classification summary to the Parole Commission for
590	use as provided in s. 945.25 947.14. The summary shall include
591	the criminal, personal, social, and environmental background and
592	other relevant factors considered in classifying the prisoner
593	for a penal environment best suited for the prisoner's rapid
594	rehabilitation.
595	Section 27.  Paragraph (a) of subsection (11) of section
596	932.704, Florida Statutes, is amended to read:
597	932.704  Forfeiture proceedings.-
598	(11)(a)  The Department of Law Enforcement, in consultation
599	with the Florida Sheriffs Association and the Florida Police
600	Chiefs Association, shall develop guidelines and training
601	procedures to be used by state and local law enforcement
602	agencies and state attorneys in implementing the Florida
603	Contraband Forfeiture Act. Each state or local law enforcement
604	agency that files civil forfeiture actions under the Florida
605	Contraband Forfeiture Act shall file, by December 31, 1995, a
606	certificate signed by the agency head or his or her designee,
607	which represents that the agency's policies and procedures are
608	in compliance with the guidelines. Each state or local law
609	enforcement agency that seizes property for the purpose of
610	forfeiture shall periodically review seizures of assets made by
611	the agency's law enforcement officers, settlements, and
612	forfeiture proceedings initiated by the agency, to determine
613	whether such seizures, settlements, and forfeitures comply with
614	the Florida Contraband Forfeiture Act and the guidelines adopted
615	under this subsection. The determination of whether an agency
616	will file a civil forfeiture action must be the sole
617	responsibility of the head of the agency or his or her designee.
618	Section 28.  Subsection (7) of section 933.18, Florida
619	Statutes, is amended to read:
620	933.18  When warrant may be issued for search of private
621	dwelling.-No search warrant shall issue under this chapter or
622	under any other law of this state to search any private dwelling
623	occupied as such unless:
624	(7)  One or more of the following misdemeanor child abuse
625	offenses is being committed there:
626	(a)  Interference with custody, in violation of s. 787.03.
627	(b)  Commission of an unnatural and lascivious act with a
628	child, in violation of s. 800.02.
629	(c)  Exposure of sexual organs to a child, in violation of
630	s. 800.03.  If, during a search pursuant to a warrant issued
631	under this section, a child is discovered and appears to be in
632	imminent danger, the law enforcement officer conducting such
633	search may remove the child from the private dwelling and take
634	the child into protective custody pursuant to chapter 39. The
635	term "private dwelling" shall be construed to include the room
636	or rooms used and occupied, not transiently but solely as a
637	residence, in an apartment house, hotel, boardinghouse, or
638	lodginghouse. No warrant shall be issued for the search of any
639	private dwelling under any of the conditions hereinabove
640	mentioned except on sworn proof by affidavit of some creditable
641	witness that he or she has reason to believe that one of said
642	conditions exists, which affidavit shall set forth the facts on
643	which such reason for belief is based.
644	Section 29.  Subsections (5) and (8) of section 933.40,
645	Florida Statutes, are amended to read:
646	933.40  Agriculture warrants.-
647	(5)  Agriculture warrants may be signed by any person
648	competent to issue search warrants under s. 933.01, either
649	manually, by signature stamp, or by electronic signature. The
650	trial court judge or magistrate, upon examination of the
651	application and proofs submitted, if satisfied that probable
652	cause exists for the issuing of one or more agriculture
653	warrants, shall issue such agriculture warrants with his or her
654	signature and office affixed thereto. Such agriculture warrants
655	may be served and executed by employees of the department, with
656	the assistance of third parties supervised by department
657	employees, and shall authorize department employees with such
658	assistance to undertake all actions authorized by the warrant.
659	(8)  An agriculture warrant shall be effective for 60 days
660	and shall authorize multiple executions of the warrant prior to
661	its expiration. An agriculture warrant may be extended or
662	renewed by the trial court judge or magistrate who signed and
663	issued the original warrant upon his or her satisfaction of such
664	official that probable cause continues to exist for the
665	reissuance of the warrant. Such warrant must be returned to the
666	issuing official prior to the expiration date specified in the
667	warrant or within the extended or renewed time.
668	Section 30.  Paragraph (g) of subsection (2) of section
669	934.03, Florida Statutes, is amended to read:
670	934.03  Interception and disclosure of wire, oral, or
671	electronic communications prohibited.-
672	(2)
673	(g)  It is lawful under ss. 934.03-934.09 for an employee
674	of:
675	1.  An ambulance service licensed pursuant to s. 401.25, a
676	fire station employing firefighters as defined by s. 633.30, a
677	public utility as defined by ss. 365.01 and 366.02, a law
678	enforcement agency as defined by s. 934.02(10), or any other
679	entity with published emergency telephone numbers;
680	2.  An agency operating an emergency telephone number "911"
681	system established pursuant to s. 365.171; or
682	3.  The central abuse hotline operated pursuant to s.
683	39.201,
684
685	to intercept and record incoming wire communications; however,
686	such employee may intercept and record incoming wire
687	communications on designated "911" telephone numbers and
688	published nonemergency telephone numbers staffed by trained
689	dispatchers at public safety answering points only. It is also
690	lawful for such employee to intercept and record outgoing wire
691	communications to the numbers from which such incoming wire
692	communications were placed when necessary to obtain information
693	required to provide the emergency services being requested. For
694	the purpose of this paragraph, the term "public utility" has the
695	same meaning as provided in s. 366.02 and includes a person,
696	partnership, association, or corporation now or hereafter owning
697	or operating equipment or facilities in the state for conveying
698	or transmitting messages or communications by telephone or
699	telegraph to the public for compensation.
700	Section 31.  Section 938.15, Florida Statutes, is amended
701	to read:
702	938.15  Criminal justice education for local government.-In
703	addition to the costs provided for in s. 938.01, municipalities
704	and counties may assess an additional $2 for expenditures for
705	criminal justice education degree programs and training courses,
706	including basic recruit training, for their respective officers
707	and employing agency support personnel, provided such education
708	degree programs and training courses are approved by the
709	employing agency administrator, on a form provided by the
710	Criminal Justice Standards and Training Commission, for local
711	funding.
712	(1)  Workshops, meetings, conferences, and conventions
713	shall, on a form approved by the Criminal Justice Standards and
714	Training Commission for use by the employing agency, be
715	individually approved by the employing agency administrator
716	prior to attendance. The form shall include, but not be limited
717	to, a demonstration by the employing agency of the purpose of
718	the workshop, meeting, conference, or convention; the direct
719	relationship of the training to the officer's job; the direct
720	benefits the officer and agency will receive; and all
721	anticipated costs.
722	(2)  The Criminal Justice Standards and Training Commission
723	may inspect and copy the documentation of independent audits
724	conducted of the municipalities and counties which make such
725	assessments to ensure that such assessments have been made and
726	that expenditures are in conformance with the requirements of
727	this subsection and with other applicable procedures.
728	Section 32.  Paragraph (b) of subsection (3) of section
729	943.051, Florida Statutes, is amended to read:
730	943.051  Criminal justice information; collection and
731	storage; fingerprinting.-
732	(3)
733	(b)  A minor who is charged with or found to have committed
734	the following offenses shall be fingerprinted and the
735	fingerprints shall be submitted to the department:
736	1.  Assault, as defined in s. 784.011.
737	2.  Battery, as defined in s. 784.03.
738	3.  Carrying a concealed weapon, as defined in s.
739	790.01(1).
740	4.  Unlawful use of destructive devices or bombs, as
741	defined in s. 790.1615(1).
742	5.  Negligent treatment of children, as defined in former
743	s. 827.05.
744	6.  Assault or battery on a law enforcement officer, a
745	firefighter, or other specified officers, as defined in s.
746	784.07(2)(a) and (b).
747	7.  Open carrying of a weapon, as defined in s. 790.053.
748	8.  Exposure of sexual organs, as defined in s. 800.03.
749	9.  Unlawful possession of a firearm, as defined in s.
750	790.22(5).
751	10.  Petit theft, as defined in s. 812.014(3).
752	11.  Cruelty to animals, as defined in s. 828.12(1).
753	12.  Arson, as defined in s. 806.031(1).
754	13.  Unlawful possession or discharge of a weapon or
755	firearm at a school-sponsored event or on school property as
756	defined in s. 790.115.
757	Section 33.  Subsection (6) of section 943.053, Florida
758	Statutes, is reenacted to read:
759	943.053  Dissemination of criminal justice information;
760	fees.-
761	(6)  Notwithstanding any other provision of law, the
762	department shall provide to the Florida Department of Revenue
763	Child Support Enforcement access to Florida criminal records
764	which are not exempt from disclosure under chapter 119, and to
765	such information as may be lawfully available from other states
766	via the National Law Enforcement Telecommunications System, for
767	the purpose of locating subjects who owe or potentially owe
768	support, as defined in s. 409.2554, or to whom such obligation
769	is owed pursuant to Title IV-D of the Social Security Act. Such
770	information may be provided to child support enforcement
771	authorities in other states for these specific purposes.
772	Section 34.  Subsection (6) of section 943.0581, Florida
773	Statutes, is amended to read:
774	943.0581  Administrative expunction.-
775	(6)  An application or endorsement under this section is
776	not admissible as evidence in any judicial or administrative
777	proceeding and may not or otherwise be construed in any way as
778	an admission of liability in connection with an arrest.
779	Section 35.  Paragraph (a) of subsection (3) and subsection
780	(5) of section 943.0582, Florida Statutes, are reenacted to
781	read:
782	943.0582  Prearrest, postarrest, or teen court diversion
783	program expunction.-
784	(3)  The department shall expunge the nonjudicial arrest
785	record of a minor who has successfully completed a prearrest or
786	postarrest diversion program if that minor:
787	(a)  Submits an application for prearrest or postarrest
788	diversion expunction, on a form prescribed by the department,
789	signed by the minor's parent or legal guardian, or by the minor
790	if he or she has reached the age of majority at the time of
791	applying.
792	(5)  This section operates retroactively to permit the
793	expunction of any nonjudicial record of the arrest of a minor
794	who has successfully completed a prearrest or postarrest
795	diversion program on or after July 1, 2000; however, in the case
796	of a minor whose completion of the program occurred before the
797	effective date of this section, the application for prearrest or
798	postarrest diversion expunction must be submitted within 6
799	months after the effective date of this section.
800	Section 36.  Paragraph (b) of subsection (4) of section
801	943.135, Florida Statutes, is reenacted to read:
802	943.135  Requirements for continued employment.-
803	(4)
804	(b)  Any person who qualifies under paragraph (a) may, for
805	purposes of meeting the minimum mandatory continuing training or
806	education requirements of this section, at the option of an
807	employing agency, associate with that agency for the sole
808	purpose of securing continuing training or education as required
809	by this section and for allowing the agency to report completion
810	of the education or training to the Criminal Justice Standards
811	and Training Commission. The employing agency with which the
812	person has associated shall submit proof of completion of any
813	education or training so obtained for purposes of demonstrating
814	compliance with this section and shall indicate that the person
815	for whom the credits are reported has secured the training under
816	the special status authorized by this section. An employing
817	agency may require any person so associated to attend continuing
818	training or education at the person's own expense and may
819	determine the courses or training that a person is to attend
820	while associated with the agency. Any person who is permitted to
821	associate with an employing agency for purposes of obtaining and
822	reporting education or continuing training credits while serving
823	in an elected or appointed public office shall not be considered
824	to be employed by the employing agency or considered by the
825	association with the employing agency to maintain an office
826	under s. 5(a), Art. II of the State Constitution.
827	Section 37.  Subsection (5) of section 944.023, Florida
828	Statutes, is amended to read:
829	944.023  Comprehensive correctional master plan.-
830	(5)  The comprehensive correctional master plan shall
831	project by year the total operating and capital outlay costs
832	necessary for constructing a sufficient number of prison beds to
833	avoid a deficiency in prison beds. Included in the master plan
834	which projects operating and capital outlay costs shall be a
835	siting plan which shall assess, rank, and designate appropriate
836	sites pursuant to s. 944.095(2)(a)-(k). The master plan shall
837	include an assessment of the department's current capability for
838	providing the degree of security necessary to ensure public
839	safety and should reflect the levels of security needed for the
840	forecasted admissions of various types of offenders based upon
841	sentence lengths and severity of offenses. The plan shall also
842	provide construction options for targeting violent and habitual
843	offenders for incarceration while providing specific
844	alternatives for the various categories of lesser offenders.
845	Section 38.  Subsection (4) of section 944.053, Florida
846	Statutes, is amended to read:
847	944.053  Forestry Work Camps.-
848	(4)  Forestry Work Camps shall house minimum custody
849	inmates and medium custody inmates who are not serving a
850	sentence for, or who have not been previously convicted of,
851	sexual battery pursuant to s. 794.011 or any sexual offense
852	specified in s. 917.012(1), unless they have successfully
853	completed a treatment program pursuant to s. 917.012.
854	Section 39.  Subsection (1) of section 944.28, Florida
855	Statutes, is reenacted to read:
856	944.28  Forfeiture of gain-time and the right to earn gain-
857	time in the future.-
858	(1)  If a prisoner is convicted of escape, or if the
859	clemency, conditional release as described in chapter 947,
860	probation or community control as described in chapter 948,
861	provisional release as described in s. 944.277, parole, or
862	control release as described in s. 947.146 granted to the
863	prisoner is revoked, the department may, without notice or
864	hearing, declare a forfeiture of all gain-time earned according
865	to the provisions of law by such prisoner prior to such escape
866	or his or her release under such clemency, conditional release,
867	probation, community control, provisional release, control
868	release, or parole.
869	Section 40.  Subsection (2) of section 944.474, Florida
870	Statutes, is amended to read:
871	944.474  Legislative intent; employee wellness program;
872	drug and alcohol testing.-
873	(2)  Under no circumstances shall employees of the
874	department test positive for illegal use of controlled
875	substances. An employee of the department may not be under the
876	influence of alcohol while on duty. In order to ensure that
877	these prohibitions are adhered to by all employees of the
878	department and notwithstanding s. 112.0455, the department may
879	develop a program for the random drug testing of all employees.
880	The department may randomly evaluate employees for the
881	contemporaneous use or influence of alcohol through the use of
882	alcohol tests and observation methods. Notwithstanding s.
883	112.0455(5)(a), the department may develop a program for the
884	reasonable suspicion drug testing of employees who are in
885	safety-sensitive or special risk positions, as defined in s.
886	112.0455(5), for the controlled substances listed in s.
887	893.03(3)(d). The reasonable suspicion drug testing authorized
888	by this subsection shall be conducted in accordance with s.
889	112.0455, but may also include testing upon reasonable suspicion
890	based on violent acts or violent behavior of an employee who is
891	on or off duty. The department shall adopt rules pursuant to ss.
892	120.536(1) and 120.54 that are necessary to administer this
893	subsection.
894	Section 41.  Section 944.708, Florida Statutes, is amended
895	to read:
896	944.708  Rules.-The Department of Corrections and the
897	Agency for Workforce Innovation Department of Labor and
898	Employment Security shall adopt promulgate rules to implement
899	the provisions of ss. 944.701-944.707.
900	Section 42.  Paragraph (h) of subsection (3) of section
901	944.801, Florida Statutes, is amended to read:
902	944.801  Education for state prisoners.-
903	(3)  The responsibilities of the Correctional Education
904	Program shall be to:
905	(h)  Develop a written procedure for selecting programs to
906	add to or delete from the vocational curriculum. The procedure
907	shall include labor market analyses which demonstrate the
908	projected demand for certain occupations and the projected
909	supply of potential employees. In conducting these analyses, the
910	department shall evaluate the feasibility of adding vocational
911	education programs which have been identified by the Agency for
912	Workforce Innovation Department of Labor and Employment Security
913	or a regional coordinating council as being in undersupply in
914	this state. The department shall periodically reevaluate the
915	vocational education programs in major institutions to determine
916	which of the programs support and provide relevant skills to
917	inmates who could be assigned to a correctional work program
918	that is operated as a Prison Industry Enhancement Program.
919	Section 43.  Paragraph (d) of subsection (3) of section
920	945.10, Florida Statutes, is amended to read:
921	945.10  Confidential information.-
922	(3)  Due to substantial concerns regarding institutional
923	security and unreasonable and excessive demands on personnel and
924	resources if an inmate or an offender has unlimited or routine
925	access to records of the Department of Corrections, an inmate or
926	an offender who is under the jurisdiction of the department may
927	not have unrestricted access to the department's records or to
928	information contained in the department's records. However,
929	except as to another inmate's or offender's records, the
930	department may permit limited access to its records if an inmate
931	or an offender makes a written request and demonstrates an
932	exceptional need for information contained in the department's
933	records and the information is otherwise unavailable.
934	Exceptional circumstances include, but are not limited to:
935	(d)  The requested records contain information required to
936	process an application or claim by the inmate or offender with
937	the Internal Revenue Service, the Social Security
938	Administration, the Agency for Workforce Innovation Department
939	of Labor and Employment Security, or any other similar
940	application or claim with a state agency or federal agency.
941	Section 44.  Section 947.06, Florida Statutes, is reenacted
942	to read:
943	947.06  Meeting; when commission may act.-The commission
944	shall meet at regularly scheduled intervals and from time to
945	time as may otherwise be determined by the chair. The making of
946	recommendations to the Governor and Cabinet in matters relating
947	to modifications of acts and decisions of the chair as provided
948	in s. 947.04(1) shall be by a majority vote of the commission.
949	No prisoner shall be placed on parole except as provided in ss.
950	947.172 and 947.174 by a panel of no fewer than two
951	commissioners appointed by the chair. All matters relating to
952	the granting, denying, or revoking of parole shall be decided in
953	a meeting at which the public shall have the right to be
954	present. Victims of the crime committed by the inmate shall be
955	permitted to make an oral statement or submit a written
956	statement regarding their views as to the granting, denying, or
957	revoking of parole. Persons not members or employees of the
958	commission or victims of the crime committed by the inmate may
959	be permitted to participate in deliberations concerning the
960	granting and revoking of paroles only upon the prior written
961	approval of the chair of the commission. To facilitate the
962	ability of victims and other persons to attend commission
963	meetings, the commission shall meet in various counties
964	including, but not limited to, Broward, Duval, Escambia,
965	Hillsborough, Leon, Miami-Dade, Orange, and Palm Beach, with the
966	location chosen being as close as possible to the location where
967	the parole-eligible inmate committed the offense for which the
968	parole-eligible inmate was sentenced. The commission shall adopt
969	rules governing the oral participation of victims and the
970	submission of written statements by victims.
971	Section 45.  Paragraph (a) of subsection (4) of section
972	947.16, Florida Statutes, is amended to read:
973	947.16  Eligibility for parole; initial parole interviews;
974	powers and duties of commission.-
975	(4)  A person who has become eligible for an initial parole
976	interview and who may, according to the objective parole
977	guidelines of the commission, be granted parole shall be placed
978	on parole in accordance with the provisions of this law; except
979	that, in any case of a person convicted of murder, robbery,
980	burglary of a dwelling or burglary of a structure or conveyance
981	in which a human being is present, aggravated assault,
982	aggravated battery, kidnapping, sexual battery or attempted
983	sexual battery, incest or attempted incest, an unnatural and
984	lascivious act or an attempted unnatural and lascivious act,
985	lewd and lascivious behavior, assault or aggravated assault when
986	a sexual act is completed or attempted, battery or aggravated
987	battery when a sexual act is completed or attempted, arson, or
988	any felony involving the use of a firearm or other deadly weapon
989	or the use of intentional violence, at the time of sentencing
990	the judge may enter an order retaining jurisdiction over the
991	offender for review of a commission release order. This
992	jurisdiction of the trial court judge is limited to the first
993	one-third of the maximum sentence imposed. When any person is
994	convicted of two or more felonies and concurrent sentences are
995	imposed, then the jurisdiction of the trial court judge as
996	provided herein applies to the first one-third of the maximum
997	sentence imposed for the highest felony of which the person was
998	convicted. When any person is convicted of two or more felonies
999	and consecutive sentences are imposed, then the jurisdiction of
1000	the trial court judge as provided herein applies to one-third of
1001	the total consecutive sentences imposed.
1002	(a)  In retaining jurisdiction for the purposes of this
1003	act, the trial court judge shall state the justification with
1004	individual particularity, and such justification shall be made a
1005	part of the court record. A copy of such justification shall be
1006	delivered to the department together with the commitment issued
1007	by the court pursuant to s. 944.17 944.16.
1008	Section 46.  Subsection (2) of section 949.071, Florida
1009	Statutes, is amended to read:
1010	949.071  Definition of "state" as used in s. 949.07;
1011	further declaration relating to interstate compacts.-
1012	(2)  It is hereby recognized and further declared that
1013	pursuant to the consent and authorization contained in s. 112
1014	111(b) of Title 4 of the United States Code as added by Pub. L.
1015	No. 970-84th Congress, Ch. 941-2d Session, this state shall be a
1016	party to the Interstate Compact for Adult Offender Supervision,
1017	with any additional jurisdiction legally joining in the compact
1018	when such jurisdiction enacts the compact in accordance with the
1019	terms thereof.
1020	Section 47.  Paragraph (e) of subsection (9) of section
1021	951.23, Florida Statutes, is amended to read:
1022	951.23  County and municipal detention facilities;
1023	definitions; administration; standards and requirements.-
1024	(9)  INMATE COMMISSARY AND WELFARE FUND.-
1025	(e)  The officer in charge shall be responsible for an
1026	audit of the fiscal management of the commissary by a
1027	disinterested party on an annual basis, which shall include
1028	certification of compliance with the pricing requirements of
1029	paragraph (1)(b) above. Appropriate transaction records and
1030	stock inventory shall be kept current.
1031	Section 48.  Paragraph (c) of subsection (1) of section
1032	951.231, Florida Statutes, is amended to read:
1033	951.231  County residential probation program.-
1034	(1)  Any prisoner who has been sentenced under s. 921.18 to
1035	serve a sentence in a county residential probation center as
1036	described in s. 951.23 shall:
1037	(c)  Participate in and complete the program required by s.
1038	958.045 958.04(4), if required by the supervisor of the center.
1039	Section 49.  Subsection (4) of section 957.07, Florida
1040	Statutes, is amended to read:
1041	957.07  Cost-saving requirements.-
1042	(4)  The Department of Corrections shall provide a report
1043	detailing the state cost to design, finance, acquire, lease,
1044	construct, and operate a facility similar to the private
1045	correctional facility on a per diem basis. This report shall be
1046	provided to the Auditor General in sufficient time that it may
1047	be certified to the Department of Management Services commission
1048	to be included in the request for proposals.
1049	Section 50.  Paragraph (b) of subsection (3) of section
1050	960.003, Florida Statutes, is amended to read:
1051	960.003  HIV testing for persons charged with or alleged by
1052	petition for delinquency to have committed certain offenses;
1053	disclosure of results to victims.-
1054	(3)  DISCLOSURE OF RESULTS.-
1055	(b)  At the time that the results are disclosed to the
1056	victim or the victim's legal guardian, or to the parent or legal
1057	guardian of a victim if the victim is a minor, the same
1058	immediate opportunity for face-to-face counseling which must be
1059	made available under s. 381.004(3)(e) to those who undergo HIV
1060	testing shall also be afforded to the victim or the victim's
1061	legal guardian, or to the parent or legal guardian of the victim
1062	if the victim is a minor.
1063	Section 51.  Subsections (6) and (7) of section 984.225,
1064	Florida Statutes, are amended to read:
1065	984.225  Powers of disposition; placement in a staff-secure
1066	shelter.-
1067	(6)  The department is deemed to have exhausted the
1068	reasonable remedies offered under this chapter if, at the end of
1069	the commitment period, the parent, guardian, or legal custodian
1070	continues to refuse to allow the child to remain at home or
1071	creates unreasonable conditions for the child's return. If, at
1072	the end of the commitment period, the child is not reunited with
1073	his or her parent, guardian, or custodian due solely to the
1074	continued refusal of the parent, guardian, or custodian to
1075	provide food, clothing, shelter, and parental support, the child
1076	is considered to be threatened with harm as a result of such
1077	acts or omissions, and the court shall direct that the child be
1078	handled in every respect as a dependent child. Jurisdiction
1079	shall be transferred to the Department of Children and Family
1080	Services, and the child's care shall be governed under the
1081	relevant provisions parts II and III of chapter 39.
1082	(7)  The court shall review the child's commitment once
1083	every 45 days as provided in s. 984.20. The court shall
1084	determine whether if the parent, guardian, or custodian has
1085	reasonably participated in and financially contributed to the
1086	child's counseling and treatment program. The court shall also
1087	determine whether the department's efforts to reunite the family
1088	have been reasonable. If the court finds an inadequate level of
1089	support or participation by the parent, guardian, or custodian
1090	prior to the end of the commitment period, the court shall
1091	direct that the child be handled in every respect as a dependent
1092	child. Jurisdiction shall be transferred to the Department of
1093	Children and Family Services, and the child's care shall be
1094	governed under the relevant provisions parts II and III of
1095	chapter 39.
1096	Section 52.  Section 985.486, Florida Statutes, is amended
1097	to read:
1098	985.486  Intensive residential treatment programs for
1099	offenders less than 13 years of age; prerequisite for
1100	commitment.-No child who is eligible for commitment to an
1101	intensive residential treatment program for offenders less than
1102	13 years of age under as established in s. 985.483(1), may be
1103	committed to any intensive residential treatment program for
1104	offenders less than 13 years of age under as established in s.
1105	985.483, unless such program has been established by the
1106	department through existing resources or specific appropriation,
1107	for such program.
1108	Section 53.  Paragraph (a) of subsection (4) and subsection
1109	(7) of section 985.632, Florida Statutes, are amended to read:
1110	985.632  Quality assurance and cost-effectiveness.-
1111	(4)(a)  The department of Juvenile Justice, in consultation
1112	with the Office of Economic and Demographic Research, and
1113	contract service providers, shall develop a cost-effectiveness
1114	model and apply the model to each commitment program. Program
1115	recidivism rates shall be a component of the model. The cost-
1116	effectiveness model shall compare program costs to client
1117	outcomes and program outputs. It is the intent of the
1118	Legislature that continual development efforts take place to
1119	improve the validity and reliability of the cost-effectiveness
1120	model and to integrate the standard methodology developed under
1121	s. 985.401(4) for interpreting program outcome evaluations.
1122	(7)  No later than November 1, 2001, the department shall
1123	submit a proposal to the Legislature concerning funding
1124	incentives and disincentives for the department and for
1125	providers under contract with the department. The
1126	recommendations for funding incentives and disincentives shall
1127	be based upon both quality assurance performance and cost-
1128	effectiveness performance. The proposal should strive to achieve
1129	consistency in incentives and disincentives for both department-
1130	operated and contractor-provided programs. The department may
1131	include recommendations for the use of liquidated damages in the
1132	proposal; however, the department is not presently authorized to
1133	contract for liquidated damages in non-hardware-secure
1134	facilities until January 1, 2002.
1135	Section 54.  Paragraph (b) of subsection (2) of section
1136	985.686, Florida Statutes, is reenacted to read:
1137	985.686  Shared county and state responsibility for
1138	juvenile detention.-
1139	(2)  As used in this section, the term:
1140	(b)  "Fiscally constrained county" means a county within a
1141	rural area of critical economic concern as designated by the
1142	Governor pursuant to s. 288.0656 or each county for which the
1143	value of a mill will raise no more than $5 million in revenue,
1144	based on the certified school taxable value certified pursuant
1145	to s. 1011.62(4)(a)1.a., from the previous July 1.
1146	Section 55.  This act shall take effect July 1, 2010.

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