Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 768
Ì5785602Î578560
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/23/2014 .
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The Committee on Appropriations (Grimsley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 92.56, Florida Statutes, is amended to
6 read:
7 92.56 Judicial proceedings and court records involving
8 sexual offenses and human trafficking.—
9 (1)(a) The confidential and exempt status of criminal
10 intelligence information or criminal investigative information
11 made confidential and exempt pursuant to s. 119.071(2)(h) must
12 be maintained in court records pursuant to s. 119.0714(1)(h) and
13 in court proceedings, including testimony from witnesses.
14 (b) If a petition for access to such confidential and
15 exempt records is filed with the trial court having jurisdiction
16 over the alleged offense, the confidential and exempt status of
17 such information shall be maintained by the court if the state
18 or the victim demonstrates that:
19 1. The identity of the victim is not already known in the
20 community;
21 2. The victim has not voluntarily called public attention
22 to the offense;
23 3. The identity of the victim has not otherwise become a
24 reasonable subject of public concern;
25 4. The disclosure of the victim’s identity would be
26 offensive to a reasonable person; and
27 5. The disclosure of the victim’s identity would:
28 a. Endanger the victim because the assailant has not been
29 apprehended and is not otherwise known to the victim;
30 b. Endanger the victim because of the likelihood of
31 retaliation, harassment, or intimidation;
32 c. Cause severe emotional or mental harm to the victim;
33 d. Make the victim unwilling to testify as a witness; or
34 e. Be inappropriate for other good cause shown.
35 (2) A defendant charged with a crime specified described in
36 s. 787.06(3)(a), if the victim is younger than 18 years of age,
37 in s. 787.06(3)(b), (d), (f), or (g), or in chapter 794 or
38 chapter 800, or with child abuse, aggravated child abuse, or
39 sexual performance by a child as described in chapter 827, may
40 apply to the trial court for an order of disclosure of
41 information in court records held confidential and exempt
42 pursuant to s. 119.0714(1)(h) or maintained as confidential and
43 exempt pursuant to court order under this section. Such
44 identifying information concerning the victim may be released to
45 the defendant or his or her attorney in order to prepare the
46 defense. The confidential and exempt status of this information
47 does may not be construed to prevent the disclosure of the
48 victim’s identity to the defendant; however, the defendant may
49 not disclose the victim’s identity to any person other than the
50 defendant’s attorney or any other person directly involved in
51 the preparation of the defense. A willful and knowing disclosure
52 of the identity of the victim to any other person by the
53 defendant constitutes contempt.
54 (3) The state may use a pseudonym instead of the victim’s
55 name to designate the victim of a crime specified described in
56 s. 787.06(3)(a), if the victim is younger than 18 years of age,
57 in s. 787.06(3)(b), (d), (f), or (g), or in chapter 794 or
58 chapter 800, or of child abuse, aggravated child abuse, or
59 sexual performance by a child as described in chapter 827, or
60 any crime involving the production, possession, or promotion of
61 child pornography as described in chapter 847, in all court
62 records and records of court proceedings, both civil and
63 criminal.
64 (4) The protection of this section may be waived by the
65 victim of the alleged offense in a writing filed with the court,
66 in which the victim consents to the use or release of
67 identifying information during court proceedings and in the
68 records of court proceedings.
69 (5) This section does not prohibit the publication or
70 broadcast of the substance of trial testimony in a prosecution
71 for an offense specified described in s. 787.06(3)(a), if the
72 victim is younger than 18 years of age, in s. 787.06(3)(b), (d),
73 (f), or (g), or in chapter 794 or chapter 800, or for a crime of
74 child abuse, aggravated child abuse, or sexual performance by a
75 child, as described in chapter 827; however, but the publication
76 or broadcast may not include an identifying photograph, an
77 identifiable voice, or the name or address of the victim, unless
78 the victim has consented in writing to the publication and filed
79 such consent with the court or unless the court has declared
80 such records not confidential and exempt as provided for in
81 subsection (1).
82 (6) A willful and knowing violation of this section or a
83 willful and knowing failure to obey a any court order issued
84 under this section constitutes contempt.
85 Section 2. Subsection (5) is added to section 450.021,
86 Florida Statutes, to read:
87 450.021 Minimum age; general.—
88 (5) In order to better ensure the elimination of minors
89 being exploited and becoming victims of human trafficking, a
90 person under the age of 18, whether or not such person’s
91 disabilities of nonage have been removed by marriage or
92 otherwise, may not be employed, permitted, or suffered to work
93 in an adult theater, as defined in s. 847.001(2)(b).
94 Section 3. Subsection (3) is added to section 450.045,
95 Florida Statutes, to read:
96 450.045 Proof of identity and age; posting of notices.—
97 (3)(a) In order to provide the department and law
98 enforcement agencies the means to more effectively identify,
99 investigate, and arrest persons engaging in human trafficking,
100 an adult theater as defined in s. 847.001(2)(b) shall obtain
101 proof of the identity and age of each of its employees or
102 independent contractors, and shall verify the validity of the
103 identification and age verification document with the issuer,
104 before his or her employment or provision of services as an
105 independent contractor.
106 (b) The adult theater shall obtain and keep on record a
107 photocopy of the person’s driver license or state or federal
108 government-issued photo identification card, along with a record
109 of the verification of the validity of the identification and
110 age verification document with the issuer, during the entire
111 period of employment or business relationship with the
112 independent contractor and for at least 3 years after the
113 employee or independent contractor ceases employment or the
114 provision of services.
115 (c) The department and its agents have the authority to
116 enter during operating hours, unannounced and without prior
117 notice, and inspect at any time a place or establishment covered
118 by this subsection and to have access to age verification
119 documents kept on file by the adult theater and such other
120 records as may aid in the enforcement of this subsection.
121 Section 4. Paragraph (a) of subsection (3) of section
122 775.082, Florida Statutes, is amended to read:
123 775.082 Penalties; applicability of sentencing structures;
124 mandatory minimum sentences for certain reoffenders previously
125 released from prison.—
126 (3) A person who has been convicted of any other designated
127 felony may be punished as follows:
128 (a)1. For a life felony committed prior to October 1, 1983,
129 by a term of imprisonment for life or for a term of years not
130 less than 30.
131 2. For a life felony committed on or after October 1, 1983,
132 by a term of imprisonment for life or by a term of imprisonment
133 not exceeding 40 years.
134 3. Except as provided in subparagraph 4., for a life felony
135 committed on or after July 1, 1995, by a term of imprisonment
136 for life or by imprisonment for a term of years not exceeding
137 life imprisonment.
138 4.a. Except as provided in sub-subparagraph b., for a life
139 felony committed on or after September 1, 2005, which is a
140 violation of s. 800.04(5)(b), by:
141 (I) A term of imprisonment for life; or
142 (II) A split sentence that is a term of not less than 25
143 years’ imprisonment and not exceeding life imprisonment,
144 followed by probation or community control for the remainder of
145 the person’s natural life, as provided in s. 948.012(4).
146 b. For a life felony committed on or after July 1, 2008,
147 which is a person’s second or subsequent violation of s.
148 800.04(5)(b), by a term of imprisonment for life.
149 5. For a life felony committed on or after October 1, 2014,
150 which is a violation of s. 787.06(3)(g), by a term of
151 imprisonment for life.
152 Section 5. Subsection (18) is added to section 775.15,
153 Florida Statutes, to read:
154 775.15 Time limitations; general time limitations;
155 exceptions.—
156 (18) A prosecution for a violation of s. 787.06 may be
157 commenced at any time. This subsection applies to any such
158 offense except an offense the prosecution of which would have
159 been barred by subsection (2) on or before October 1, 2014.
160 Section 6. Subsections (3) and (4) of section 787.06,
161 Florida Statutes, are amended, and subsection (8) is added to
162 that section, to read:
163 787.06 Human trafficking.—
164 (3) A Any person who knowingly, or in reckless disregard of
165 the facts, engages in human trafficking, or attempts to engage
166 in human trafficking, or benefits financially by receiving
167 anything of value from participation in a venture that has
168 subjected a person to human trafficking:
169 (a)1. Using coercion For labor or services of any child
170 under the age of 18 commits a felony of the first degree,
171 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
172 2. Using coercion for labor or services of an adult commits
173 a felony of the first degree, punishable as provided in s.
174 775.082, s. 775.083, or s. 775.084.
175 (b) Using coercion for commercial sexual activity of an
176 adult commits a felony of the first degree, punishable as
177 provided in s. 775.082, s. 775.083, or s. 775.084.
178 (c)1. Using coercion For labor or services of any child
179 under the age of 18 individual who is an unauthorized alien
180 commits a felony of the first degree, punishable as provided in
181 s. 775.082, s. 775.083, or s. 775.084.
182 2. Using coercion for labor or services of an adult who is
183 an unauthorized alien commits a felony of the first degree,
184 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
185 (d) Using coercion for commercial sexual activity of an
186 adult any individual who is an unauthorized alien commits a
187 felony of the first degree, punishable as provided in s.
188 775.082, s. 775.083, or s. 775.084.
189 (e)1. Using coercion For labor or services who does so by
190 the transfer or transport of any child under the age of 18
191 individual from outside this state to within the state commits a
192 felony of the first degree, punishable as provided in s.
193 775.082, s. 775.083, or s. 775.084.
194 2. Using coercion for labor or services who does so by the
195 transfer or transport of an adult from outside this state to
196 within the state commits a felony of the first degree,
197 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
198 (f)1. Using coercion For commercial sexual activity who
199 does so by the transfer or transport of any child under the age
200 of 18 individual from outside this state to within the state
201 commits a felony of the first degree, punishable by imprisonment
202 for a term of years not exceeding life, or as provided in s.
203 775.082, s. 775.083, or s. 775.084.
204 2. Using coercion for commercial sexual activity who does
205 so by the transfer or transport of an adult from outside this
206 state to within the state commits a felony of the first degree,
207 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
208 (g) For commercial sexual activity in which any child under
209 the age of 18, or in which any person who is mentally defective
210 or mentally incapacitated as those terms are defined in s.
211 794.011(1), is involved commits a life felony of the first
212 degree, punishable by imprisonment for a term of years not
213 exceeding life, or as provided in s. 775.082(3)(a)5. 775.082, s.
214 775.083, or s. 775.084. In a prosecution under this paragraph in
215 which the defendant had a reasonable opportunity to observe the
216 person who was subject to human trafficking, the state need not
217 prove that the defendant knew that the person had not attained
218 the age of 18 years.
219 (h) For commercial sexual activity in which any child under
220 the age of 15 is involved commits a life felony, punishable as
221 provided in s. 775.082, s. 775.083, or s. 775.084. In a
222 prosecution under this paragraph in which the defendant had a
223 reasonable opportunity to observe the person who was subject to
224 human trafficking, the state need not prove that the defendant
225 knew that the person had not attained the age of 15 years.
226
227 For each instance of human trafficking of any individual under
228 this subsection, a separate crime is committed and a separate
229 punishment is authorized.
230 (4)(a) A Any parent, legal guardian, or other person having
231 custody or control of a minor who sells or otherwise transfers
232 custody or control of such minor, or offers to sell or otherwise
233 transfer custody of such minor, with knowledge or in reckless
234 disregard of the fact that, as a consequence of the sale or
235 transfer, the minor will be subject to human trafficking commits
236 a life first degree felony, punishable as provided in s.
237 775.082, s. 775.083, or s. 775.084.
238 (b) A person who permanently brands, or directs to be
239 branded, a victim of an offense under this section commits a
240 second degree felony, punishable as provided in s. 775.082, s.
241 775.083, or s. 775.084. For purposes of this subsection, the
242 term “permanently branded” means a mark on the individual’s body
243 that, if it can be removed or repaired at all, can only be
244 removed or repaired by surgical means, laser treatment, or other
245 medical procedure.
246 (8) In a prosecution under this section, the defendant’s
247 ignorance of the victim’s age, the victim’s misrepresentation of
248 his or her age, or the defendant’s bona fide belief of the
249 victim’s age cannot be raised as a defense.
250 Section 7. Section 796.001, Florida Statutes, is created to
251 read:
252 796.001 Offenses by adults involving minors; intent.—It is
253 the intent of the Legislature that adults who involve minors in
254 any behavior prohibited under this chapter be prosecuted under
255 other laws of this state, such as, but not limited to, s.
256 787.06, chapter 794, chapter 800, s. 810.145, chapter 827, and
257 chapter 847. The Legislature finds that the prosecution of such
258 adults under this chapter is inappropriate since a minor is
259 unable to consent to such behavior.
260 Section 8. Sections 796.03, 796.035, and 796.036, Florida
261 Statutes, are repealed.
262 Section 9. Section 796.05, Florida Statutes, is amended to
263 read:
264 796.05 Deriving support from the proceeds of prostitution.—
265 (1) It shall be unlawful for any person with reasonable
266 belief or knowing another person is engaged in prostitution to
267 live or derive support or maintenance in whole or in part from
268 what is believed to be the earnings or proceeds of such person’s
269 prostitution.
270 (2) Anyone violating this section commits:
271 (a) For a first offense, a felony of the second third
272 degree, punishable as provided in s. 775.082, s. 775.083, or s.
273 775.084.
274 (b) For a second offense, a felony of the first degree,
275 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
276 (c) For a third or subsequent offense, a felony of the
277 first degree punishable as provided in s. 775.082, s. 775.083,
278 or s. 775.084, with a mandatory minimum term of imprisonment of
279 10 years.
280 Section 10. Subsection (2) and subsections (4) through (6)
281 of section 796.07, Florida Statutes, are amended to read:
282 796.07 Prohibiting prostitution and related acts.—
283 (2) It is unlawful:
284 (a) To own, establish, maintain, or operate any place,
285 structure, building, or conveyance for the purpose of lewdness,
286 assignation, or prostitution.
287 (b) To offer, or to offer or agree to secure, another for
288 the purpose of prostitution or for any other lewd or indecent
289 act.
290 (c) To receive, or to offer or agree to receive, any person
291 into any place, structure, building, or conveyance for the
292 purpose of prostitution, lewdness, or assignation, or to permit
293 any person to remain there for such purpose.
294 (d) To direct, take, or transport, or to offer or agree to
295 direct, take, or transport, any person to any place, structure,
296 or building, or to any other person, with knowledge or
297 reasonable cause to believe that the purpose of such directing,
298 taking, or transporting is prostitution, lewdness, or
299 assignation.
300 (e) To offer to commit, or to commit, or to engage in,
301 prostitution, lewdness, or assignation.
302 (f) To solicit, induce, entice, or procure another to
303 commit prostitution, lewdness, or assignation.
304 (g) To reside in, enter, or remain in, any place,
305 structure, or building, or to enter or remain in any conveyance,
306 for the purpose of prostitution, lewdness, or assignation.
307 (h) To aid or, abet, or participate in any of the acts or
308 things enumerated in this subsection.
309 (i) To purchase the services of any person engaged in
310 prostitution.
311 (4) A person who violates paragraph (2)(e) or (g) any
312 provision of this section commits:
313 (a) A misdemeanor of the second degree for a first
314 violation, punishable as provided in s. 775.082 or s. 775.083.
315 (b) A misdemeanor of the first degree for a second
316 violation, punishable as provided in s. 775.082 or s. 775.083.
317 (c) A felony of the third degree for a third or subsequent
318 violation, punishable as provided in s. 775.082, s. 775.083, or
319 s. 775.084.
320 (5)(a) A person who violates paragraph (2)(a), (b), (c),
321 (d), (f), (h), or (i) commits:
322 1. For a first offense, a felony of the third degree,
323 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
324 2. For a second offense, a felony of the second degree,
325 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
326 3. For a third or subsequent offense, a felony of the first
327 degree, punishable as provided in s. 775.082, s. 775.083, or s.
328 775.084. A person who is charged with a third or subsequent
329 violation of this section shall be offered admission to a
330 pretrial intervention program or a substance abuse treatment
331 program as provided in s. 948.08.
332 (6) A person who violates paragraph (2)(a), (b), (c), (d),
333 (f), (h), or (i) paragraph (2)(f) shall be assessed a criminal
334 civil penalty of $5,000 if the violation results in any judicial
335 disposition other than acquittal or dismissal. Of the proceeds
336 from each penalty assessed under this subsection, the first $500
337 shall be paid to the circuit court administrator for the sole
338 purpose of paying the administrative costs of treatment-based
339 drug court programs provided under s. 397.334. The remainder of
340 the penalty assessed shall be deposited in the Operations and
341 Maintenance Trust Fund of the Department of Children and Family
342 Services for the sole purpose of funding safe houses and short
343 term safe houses as provided in s. 409.1678.
344 Section 11. Paragraphs (c), (e), and (g) through (j) of
345 subsection (3) of section 921.0022, Florida Statutes, are
346 amended to read:
347 921.0022 Criminal Punishment Code; offense severity ranking
348 chart.—
349 (3) OFFENSE SEVERITY RANKING CHART
350 (c) LEVEL 3
351
352
353 FloridaStatute FelonyDegree Description
354 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
355 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
356 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
357 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
358 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
359 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
360 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
361 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
362 327.35(2)(b) 3rd Felony BUI.
363 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
364 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
365 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
366 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
367 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
368 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
369 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
370 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
371 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
372 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
373 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
374 697.08 3rd Equity skimming.
375 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
376 796.05(1) 3rd Live on earnings of a prostitute.
377 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
378 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
379 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
380 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
381 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
382 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
383 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
384 817.233 3rd Burning to defraud insurer.
385 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
386 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
387 817.236 3rd Filing a false motor vehicle insurance application.
388 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
389 817.413(2) 3rd Sale of used goods as new.
390 817.505(4) 3rd Patient brokering.
391 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
392 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
393 831.29 2nd Possession of instruments for counterfeiting drivers’ licenses or identification cards.
394 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
395 843.19 3rd Injure, disable, or kill police dog or horse.
396 860.15(3) 3rd Overcharging for repairs and parts.
397 870.01(2) 3rd Riot; inciting or encouraging.
398 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other 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).
399 893.13(1)(d)2. 2nd Sell, manufacture, or deliver 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 within 1,000 feet of university.
400 893.13(1)(f)2. 2nd Sell, manufacture, or deliver 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 within 1,000 feet of public housing facility.
401 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
402 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
403 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
404 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
405 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
406 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
407 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
408 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
409 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
410 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
411 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
412 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
413 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
414 (e) LEVEL 5
415
416
417 FloridaStatute FelonyDegree Description
418 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
419 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
420 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
421 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
422 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
423 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
424 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
425 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
426 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
427 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
428 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
429 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
430 790.01(2) 3rd Carrying a concealed firearm.
431 790.162 2nd Threat to throw or discharge destructive device.
432 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
433 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
434 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
435 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
436 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
437 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
438 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
439 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
440 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
441 812.019(1) 2nd Stolen property; dealing in or trafficking in.
442 812.131(2)(b) 3rd Robbery by sudden snatching.
443 812.16(2) 3rd Owning, operating, or conducting a chop shop.
444 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
445 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
446 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
447 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
448 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
449 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
450 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
451 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
452 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
453 843.01 3rd Resist officer with violence to person; resist arrest with violence.
454 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
455 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
456 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
457 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
458 874.05(2)(a) 2nd Encouraging or recruiting person under 13 to join a criminal gang.
459 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
460 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other 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) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
461 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
462 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under 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) within 1,000 feet of property used for religious services or a specified business site.
463 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
464 893.13(4)(b) 2nd Deliver to minor cannabis (or other 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).
465 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
466 (g) LEVEL 7
467
468
469 FloridaStatute FelonyDegree Description
470 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
471 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
472 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
473 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
474 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
475 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
476 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
477 456.065(2) 3rd Practicing a health care profession without a license.
478 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
479 458.327(1) 3rd Practicing medicine without a license.
480 459.013(1) 3rd Practicing osteopathic medicine without a license.
481 460.411(1) 3rd Practicing chiropractic medicine without a license.
482 461.012(1) 3rd Practicing podiatric medicine without a license.
483 462.17 3rd Practicing naturopathy without a license.
484 463.015(1) 3rd Practicing optometry without a license.
485 464.016(1) 3rd Practicing nursing without a license.
486 465.015(2) 3rd Practicing pharmacy without a license.
487 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
488 467.201 3rd Practicing midwifery without a license.
489 468.366 3rd Delivering respiratory care services without a license.
490 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
491 483.901(9) 3rd Practicing medical physics without a license.
492 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
493 484.053 3rd Dispensing hearing aids without a license.
494 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
495 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
496 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
497 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
498 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
499 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
500 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
501 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
502 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
503 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
504 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
505 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
506 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
507 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
508 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
509 784.048(7) 3rd Aggravated stalking; violation of court order.
510 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
511 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
512 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
513 784.081(1) 1st Aggravated battery on specified official or employee.
514 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
515 784.083(1) 1st Aggravated battery on code inspector.
516 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
517 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult any individual from outside Florida to within the state.
518 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
519 790.16(1) 1st Discharge of a machine gun under specified circumstances.
520 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
521 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
522 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
523 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
524 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
525 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
526 796.03 2nd Procuring any person under 16 years for prostitution.
527 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
528 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
529 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
530 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
531 806.01(2) 2nd Maliciously damage structure by fire or explosive.
532 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
533 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
534 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
535 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
536 812.014(2)(a)1. 1st Property 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.
537 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
538 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
539 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
540 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
541 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
542 812.131(2)(a) 2nd Robbery by sudden snatching.
543 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
544 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
545 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
546 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
547 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
548 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
549 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
550 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
551 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
552 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
553 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
554 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
555 838.015 2nd Bribery.
556 838.016 2nd Unlawful compensation or reward for official behavior.
557 838.021(3)(a) 2nd Unlawful harm to a public servant.
558 838.22 2nd Bid tampering.
559 843.0855(2) 3rd Impersonation of a public officer or employee.
560 843.0855(3) 3rd Unlawful simulation of legal process.
561 843.0855(4) 3rd Intimidation of a public officer or employee.
562 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
563 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
564 872.06 2nd Abuse of a dead human body.
565 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
566 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
567 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
568 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
569 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
570 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
571 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
572 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
573 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
574 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
575 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
576 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
577 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
578 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
579 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
580 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
581 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
582 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
583 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
584 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
585 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
586 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
587 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
588 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
589 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
590 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
591 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
592 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
593 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
594 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
595 (h) LEVEL 8
596
597
598 FloridaStatute FelonyDegree Description
599 316.193 (3)(c)3.a. 2nd DUI manslaughter.
600 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
601 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
602 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
603 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
604 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
605 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
606 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
607 777.03(2)(a) 1st Accessory after the fact, capital felony.
608 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
609 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
610 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
611 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
612 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
613 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
614 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
615 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
616 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult individual from outside Florida to within the state.
617 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
618 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
619 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
620 800.04(4) 2nd Lewd or lascivious battery.
621 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
622 810.02(2)(a) 1st,PBL Burglary with assault or battery.
623 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
624 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
625 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
626 812.13(2)(b) 1st Robbery with a weapon.
627 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
628 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
629 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
630 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
631 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
632 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
633 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
634 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
635 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
636 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
637 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
638 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
639 860.16 1st Aircraft piracy.
640 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
641 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
642 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
643 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
644 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
645 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
646 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
647 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
648 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
649 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
650 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
651 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
652 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
653 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
654 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
655 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
656 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
657 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
658 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
659 (i) LEVEL 9
660
661
662 FloridaStatute FelonyDegree Description
663 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
664 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
665 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
666 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
667 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
668 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
669 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
670 775.0844 1st Aggravated white collar crime.
671 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
672 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
673 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
674 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
675 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
676 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
677 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
678 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
679 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
680 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
681 787.06(3)(f)1. 1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of a child from outside Florida to within the state.
682 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
683 787.06(4) 1st Selling or buying of minors into human trafficking.
684 790.161 1st Attempted capital destructive device offense.
685 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
686 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
687 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
688 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
689 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
690 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
691 796.035 1st Selling or buying of minors into prostitution.
692 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
693 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
694 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
695 812.135(2)(b) 1st Home-invasion robbery with weapon.
696 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
697 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
698 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
699 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
700 827.03(2)(a) 1st Aggravated child abuse.
701 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
702 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
703 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
704 893.135 1st Attempted capital trafficking offense.
705 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
706 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
707 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
708 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
709 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
710 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
711 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
712 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
713 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
714 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
715 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
716 (j) LEVEL 10
717
718
719 FloridaStatute FelonyDegree Description
720 499.0051(10) 1st Knowing sale or purchase of contraband prescription drugs resulting in death.
721 782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
722 782.07(3) 1st Aggravated manslaughter of a child.
723 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
724 787.01(3)(a) Life Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
725 787.06(3)(g) 787.06(3)(h) Life Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person 15.
726 787.06(4)(a) Life Selling or buying of minors into human trafficking.
727 794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
728 812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon.
729 876.32 1st Treason against the state.
730 Section 12. Subsection (3), paragraph (a) of subsection
731 (8), and paragraph (a) of subsection (10) of section 943.0583,
732 Florida Statutes, are amended to read:
733 943.0583 Human trafficking victim expunction.—
734 (3) A person who is a victim of human trafficking may
735 petition for the expunction of a criminal history record
736 resulting from the arrest or filing of charges any conviction
737 for an offense committed or reported to have been committed
738 while the person he or she was a victim of human trafficking,
739 which offense was committed or reported to have been committed
740 as a part of the human trafficking scheme of which the person he
741 or she was a victim or at the direction of an operator of the
742 scheme, including, but not limited to, violations under chapters
743 796 and 847, without regard to the disposition of the arrest or
744 of any charges. However, this section does not apply to any
745 offense listed in s. 775.084(1)(b)1. Determination of the
746 petition under this section should be by a preponderance of the
747 evidence. A conviction expunged under this section is deemed to
748 have been vacated due to a substantive defect in the underlying
749 criminal proceedings. If a person is adjudicated not guilty by
750 reason of insanity or is found to be incompetent to stand trial
751 for any such charge, the expunction of the criminal history
752 record may not prevent the entry of the judgment or finding in
753 state and national databases for use in determining eligibility
754 to purchase or possess a firearm or to carry a concealed
755 firearm, as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s.
756 922(t), nor shall it prevent any governmental agency that is
757 authorized by state or federal law to determine eligibility to
758 purchase or possess a firearm or to carry a concealed firearm
759 from accessing or using the record of the judgment or finding in
760 the course of such agency’s official duties.
761 (8)(a) Any criminal history record of a minor or an adult
762 that is ordered expunged by the court of original jurisdiction
763 over the charges crime sought to be expunged pursuant to this
764 section must be physically destroyed or obliterated by any
765 criminal justice agency having custody of such record, except
766 that any criminal history record in the custody of the
767 department must be retained in all cases.
768 (10)(a) A criminal history record ordered expunged under
769 this section that is retained by the department is confidential
770 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
771 Constitution, except that the record shall be made available to
772 criminal justice agencies for their respective criminal justice
773 purposes and to any governmental agency that is authorized by
774 state or federal law to determine eligibility to purchase or
775 possess a firearm or to carry a concealed firearm for use in the
776 course of such agency’s official duties. Otherwise, such record
777 may shall not be disclosed to any person or entity except upon
778 order of a court of competent jurisdiction. A criminal justice
779 agency may retain a notation indicating compliance with an order
780 to expunge.
781 Section 13. Subsection (2) of section 960.065, Florida
782 Statutes, is amended to read:
783 960.065 Eligibility for awards.—
784 (2) A Any claim is ineligible for an award if it is filed
785 by or on behalf of a person who:
786 (a) Committed or aided in the commission of the crime upon
787 which the claim for compensation was based;
788 (b) Was engaged in an unlawful activity at the time of the
789 crime upon which the claim for compensation is based, unless the
790 victim was engaged in prostitution as a result of being a victim
791 of human trafficking as described in s. 787.06(3)(b), (d), (f),
792 or (g);
793 (c) Was in custody or confined, regardless of conviction,
794 in a county or municipal detention facility, a state or federal
795 correctional facility, or a juvenile detention or commitment
796 facility at the time of the crime upon which the claim for
797 compensation is based;
798 (d) Has been adjudicated as a habitual felony offender,
799 habitual violent offender, or violent career criminal under s.
800 775.084; or
801 (e) Has been adjudicated guilty of a forcible felony
802 offense as described in s. 776.08,
803
804 is ineligible for an award.
805 Section 14. Section 960.199, Florida Statutes, is amended
806 to read:
807 960.199 Relocation assistance for victims of sexual battery
808 or human trafficking.—
809 (1) The department may award a one-time payment of up to
810 $1,500 on any one claim and a lifetime maximum of $3,000 to a
811 victim of sexual battery as defined in s. 794.011 or of human
812 trafficking as described in s. 787.06(3)(b), (d), (f), or (g)
813 who needs relocation assistance.
814 (2) In order for an award to be granted to a victim for
815 relocation assistance:
816 (a) There must be proof that a sexual battery offense or
817 human trafficking offense as described in s. 787.06(3)(b), (d),
818 (f), or (g) was committed.
819 (b) The sexual battery offense or human trafficking offense
820 as specified in s. 787.06(3)(b), (d), (f), or (g) must be
821 reported to the proper authorities.
822 (c) The victim’s need for assistance must be certified by a
823 certified rape crisis center in this state or by the state
824 attorney or statewide prosecutor having jurisdiction over the
825 offense. A victim of human trafficking’s need for assistance may
826 also be certified by a state-certified domestic violence center.
827 (d) The center’s center certification must assert that the
828 victim is cooperating with law enforcement officials, if
829 applicable, and must include documentation that the victim has
830 developed a safety plan. If the victim seeking relocation
831 assistance is a victim of a human trafficking offense as
832 specified in s. 787.06(3)(b), (d), (f), or (g), the certified
833 rape crisis center’s or certified domestic violence center’s
834 certification shall include approval of the state attorney or
835 statewide prosecutor, who shall attest that the victim is
836 cooperating with law enforcement officials, if applicable.
837 (e) The act of sexual battery or human trafficking as
838 specified in s. 787.06(3)(b), (d), (f), or (g) must be committed
839 in the victim’s place of residence or in a location that would
840 lead the victim to reasonably fear for his or her continued
841 safety in the place of residence.
842 (3) Relocation payments for a sexual battery or human
843 trafficking claim under this section shall be denied if the
844 department has previously approved or paid out a domestic
845 violence relocation claim under s. 960.198 to the same victim
846 regarding the same incident.
847 Section 15. Paragraph (g) of subsection (67) of section
848 39.01, Florida Statutes, is amended to read:
849 39.01 Definitions.—When used in this chapter, unless the
850 context otherwise requires:
851 (67) “Sexual abuse of a child” for purposes of finding a
852 child to be dependent means one or more of the following acts:
853 (g) The sexual exploitation of a child, which includes the
854 act of a child offering to engage in or engaging in
855 prostitution, provided that the child is not under arrest or is
856 not being prosecuted in a delinquency or criminal proceeding for
857 a violation of any offense in chapter 796 based on such
858 behavior; or allowing, encouraging, or forcing a child to:
859 1. Solicit for or engage in prostitution;
860 2. Engage in a sexual performance, as defined by chapter
861 827; or
862 3. Participate in the trade of human sex trafficking as
863 provided in s. 787.06(3)(g) s. 796.035.
864 Section 16. Paragraphs (b) and (c) of subsection (2) of
865 section 90.404, Florida Statutes, are amended to read:
866 90.404 Character evidence; when admissible.—
867 (2) OTHER CRIMES, WRONGS, OR ACTS.—
868 (b)1. In a criminal case in which the defendant is charged
869 with a crime involving child molestation, evidence of the
870 defendant’s commission of other crimes, wrongs, or acts of child
871 molestation is admissible and may be considered for its bearing
872 on any matter to which it is relevant.
873 2. For the purposes of this paragraph, the term “child
874 molestation” means conduct proscribed by s. 787.025(2)(c), s.
875 787.06(3)(g) and (h), s. 794.011, excluding s. 794.011(10), s.
876 794.05, s. 796.03, s. 796.035, s. 800.04, s. 827.071, s.
877 847.0135(5), s. 847.0145, or s. 985.701(1) when committed
878 against a person 16 years of age or younger.
879 (c)1. In a criminal case in which the defendant is charged
880 with a sexual offense, evidence of the defendant’s commission of
881 other crimes, wrongs, or acts involving a sexual offense is
882 admissible and may be considered for its bearing on any matter
883 to which it is relevant.
884 2. For the purposes of this paragraph, the term “sexual
885 offense” means conduct proscribed by s. 787.025(2)(c),s.
886 787.06(3)(b), (d), (f), or (g), or (h), s. 794.011, excluding s.
887 794.011(10), s. 794.05, s. 796.03, s. 796.035, s.
888 825.1025(2)(b), s. 827.071, s. 847.0135(5), s. 847.0145, or s.
889 985.701(1).
890 Section 17. Paragraph (a) of subsection (1) of section
891 772.102, Florida Statutes, is amended to read:
892 772.102 Definitions.—As used in this chapter, the term:
893 (1) “Criminal activity” means to commit, to attempt to
894 commit, to conspire to commit, or to solicit, coerce, or
895 intimidate another person to commit:
896 (a) Any crime that is chargeable by indictment or
897 information under the following provisions:
898 1. Section 210.18, relating to evasion of payment of
899 cigarette taxes.
900 2. Section 414.39, relating to public assistance fraud.
901 3. Section 440.105 or s. 440.106, relating to workers’
902 compensation.
903 4. Part IV of chapter 501, relating to telemarketing.
904 5. Chapter 517, relating to securities transactions.
905 6. Section 550.235 or s. 550.3551, relating to dogracing
906 and horseracing.
907 7. Chapter 550, relating to jai alai frontons.
908 8. Chapter 552, relating to the manufacture, distribution,
909 and use of explosives.
910 9. Chapter 562, relating to beverage law enforcement.
911 10. Section 624.401, relating to transacting insurance
912 without a certificate of authority, s. 624.437(4)(c)1., relating
913 to operating an unauthorized multiple-employer welfare
914 arrangement, or s. 626.902(1)(b), relating to representing or
915 aiding an unauthorized insurer.
916 11. Chapter 687, relating to interest and usurious
917 practices.
918 12. Section 721.08, s. 721.09, or s. 721.13, relating to
919 real estate timeshare plans.
920 13. Chapter 782, relating to homicide.
921 14. Chapter 784, relating to assault and battery.
922 15. Chapter 787, relating to kidnapping or human
923 trafficking.
924 16. Chapter 790, relating to weapons and firearms.
925 17. Section 796.03, s. 796.04, s. 796.05, or s. 796.07,
926 relating to prostitution.
927 18. Chapter 806, relating to arson.
928 19. Section 810.02(2)(c), relating to specified burglary of
929 a dwelling or structure.
930 20. Chapter 812, relating to theft, robbery, and related
931 crimes.
932 21. Chapter 815, relating to computer-related crimes.
933 22. Chapter 817, relating to fraudulent practices, false
934 pretenses, fraud generally, and credit card crimes.
935 23. Section 827.071, relating to commercial sexual
936 exploitation of children.
937 24. Chapter 831, relating to forgery and counterfeiting.
938 25. Chapter 832, relating to issuance of worthless checks
939 and drafts.
940 26. Section 836.05, relating to extortion.
941 27. Chapter 837, relating to perjury.
942 28. Chapter 838, relating to bribery and misuse of public
943 office.
944 29. Chapter 843, relating to obstruction of justice.
945 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
946 s. 847.07, relating to obscene literature and profanity.
947 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
948 849.25, relating to gambling.
949 32. Chapter 893, relating to drug abuse prevention and
950 control.
951 33. Section 914.22 or s. 914.23, relating to witnesses,
952 victims, or informants.
953 34. Section 918.12 or s. 918.13, relating to tampering with
954 jurors and evidence.
955 Section 18. Paragraph (m) of subsection (1) of section
956 775.0877, Florida Statutes, is amended to read:
957 775.0877 Criminal transmission of HIV; procedures;
958 penalties.—
959 (1) In any case in which a person has been convicted of or
960 has pled nolo contendere or guilty to, regardless of whether
961 adjudication is withheld, any of the following offenses, or the
962 attempt thereof, which offense or attempted offense involves the
963 transmission of body fluids from one person to another:
964 (m) Sections 796.03, 796.07, and 796.08, relating to
965 prostitution; or
966
967 the court shall order the offender to undergo HIV testing, to be
968 performed under the direction of the Department of Health in
969 accordance with s. 381.004, unless the offender has undergone
970 HIV testing voluntarily or pursuant to procedures established in
971 s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
972 rule providing for HIV testing of criminal offenders or inmates,
973 subsequent to her or his arrest for an offense enumerated in
974 paragraphs (a)-(n) for which she or he was convicted or to which
975 she or he pled nolo contendere or guilty. The results of an HIV
976 test performed on an offender pursuant to this subsection are
977 not admissible in any criminal proceeding arising out of the
978 alleged offense.
979 Section 19. Paragraph (a) of subsection (4) and paragraph
980 (b) of subsection (10) of section 775.21, Florida Statutes, are
981 amended to read:
982 775.21 The Florida Sexual Predators Act.—
983 (4) SEXUAL PREDATOR CRITERIA.—
984 (a) For a current offense committed on or after October 1,
985 1993, upon conviction, an offender shall be designated as a
986 “sexual predator” under subsection (5), and subject to
987 registration under subsection (6) and community and public
988 notification under subsection (7) if:
989 1. The felony is:
990 a. A capital, life, or first-degree felony violation, or
991 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
992 is a minor and the defendant is not the victim’s parent or
993 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
994 violation of a similar law of another jurisdiction; or
995 b. Any felony violation, or any attempt thereof, of s.
996 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
997 minor and the defendant is not the victim’s parent or guardian;
998 s. 787.06(3)(b), (d), (f), or (g), or (h); s. 794.011, excluding
999 s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1000 810.145(8)(b); s. 825.1025(2)(b); s. 827.071; s. 847.0135(5); s.
1001 847.0145; or s. 985.701(1); or a violation of a similar law of
1002 another jurisdiction, and the offender has previously been
1003 convicted of or found to have committed, or has pled nolo
1004 contendere or guilty to, regardless of adjudication, any
1005 violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
1006 the victim is a minor and the defendant is not the victim’s
1007 parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
1008 s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
1009 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
1010 847.0135, excluding s. 847.0135(6); s. 847.0145; or s.
1011 985.701(1); or a violation of a similar law of another
1012 jurisdiction;
1013 2. The offender has not received a pardon for any felony or
1014 similar law of another jurisdiction that is necessary for the
1015 operation of this paragraph; and
1016 3. A conviction of a felony or similar law of another
1017 jurisdiction necessary to the operation of this paragraph has
1018 not been set aside in any postconviction proceeding.
1019 (10) PENALTIES.—
1020 (b) A sexual predator who has been convicted of or found to
1021 have committed, or has pled nolo contendere or guilty to,
1022 regardless of adjudication, any violation, or attempted
1023 violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
1024 the victim is a minor and the defendant is not the victim’s
1025 parent or guardian; s. 794.011, excluding s. 794.011(10); s.
1026 794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s.
1027 847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a
1028 violation of a similar law of another jurisdiction when the
1029 victim of the offense was a minor, and who works, whether for
1030 compensation or as a volunteer, at any business, school, child
1031 care facility, park, playground, or other place where children
1032 regularly congregate, commits a felony of the third degree,
1033 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1034 Section 20. Paragraph (a) of subsection (3) of section
1035 787.01, Florida Statutes, is amended to read:
1036 787.01 Kidnapping; kidnapping of child under age 13,
1037 aggravating circumstances.—
1038 (3)(a) A person who commits the offense of kidnapping upon
1039 a child under the age of 13 and who, in the course of committing
1040 the offense, commits one or more of the following:
1041 1. Aggravated child abuse, as defined in s. 827.03;
1042 2. Sexual battery, as defined in chapter 794, against the
1043 child;
1044 3. Lewd or lascivious battery, lewd or lascivious
1045 molestation, lewd or lascivious conduct, or lewd or lascivious
1046 exhibition, in violation of s. 800.04 or s. 847.0135(5);
1047 4. A violation of s. 796.03 or s. 796.04, relating to
1048 prostitution, upon the child; or
1049 5. Exploitation of the child or allowing the child to be
1050 exploited, in violation of s. 450.151,
1051
1052 commits a life felony, punishable as provided in s. 775.082, s.
1053 775.083, or s. 775.084.
1054 Section 21. Paragraph (a) of subsection (3) of section
1055 787.02, Florida Statutes, is amended to read:
1056 787.02 False imprisonment; false imprisonment of child
1057 under age 13, aggravating circumstances.—
1058 (3)(a) A person who commits the offense of false
1059 imprisonment upon a child under the age of 13 and who, in the
1060 course of committing the offense, commits any offense enumerated
1061 in subparagraphs 1.-5., commits a felony of the first degree,
1062 punishable by imprisonment for a term of years not exceeding
1063 life or as provided in s. 775.082, s. 775.083, or s. 775.084.
1064 1. Aggravated child abuse, as defined in s. 827.03;
1065 2. Sexual battery, as defined in chapter 794, against the
1066 child;
1067 3. Lewd or lascivious battery, lewd or lascivious
1068 molestation, lewd or lascivious conduct, or lewd or lascivious
1069 exhibition, in violation of s. 800.04 or s. 847.0135(5);
1070 4. A violation of s. 796.03 or s. 796.04, relating to
1071 prostitution, upon the child; or
1072 5. Exploitation of the child or allowing the child to be
1073 exploited, in violation of s. 450.151.
1074 Section 22. Subsection (1) of section 794.056, Florida
1075 Statutes, is amended to read:
1076 794.056 Rape Crisis Program Trust Fund.—
1077 (1) The Rape Crisis Program Trust Fund is created within
1078 the Department of Health for the purpose of providing funds for
1079 rape crisis centers in this state. Trust fund moneys shall be
1080 used exclusively for the purpose of providing services for
1081 victims of sexual assault. Funds credited to the trust fund
1082 consist of those funds collected as an additional court
1083 assessment in each case in which a defendant pleads guilty or
1084 nolo contendere to, or is found guilty of, regardless of
1085 adjudication, an offense provided in s. 775.21(6) and (10)(a),
1086 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
1087 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
1088 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
1089 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
1090 s. 796.03; s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
1091 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
1092 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
1093 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
1094 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
1095 (14)(c); or s. 985.701(1). Funds credited to the trust fund also
1096 shall include revenues provided by law, moneys appropriated by
1097 the Legislature, and grants from public or private entities.
1098 Section 23. Subsection (1) of section 856.022, Florida
1099 Statutes, is amended to read:
1100 856.022 Loitering or prowling by certain offenders in close
1101 proximity to children; penalty.—
1102 (1) Except as provided in subsection (2), this section
1103 applies to a person convicted of committing, or attempting,
1104 soliciting, or conspiring to commit, any of the criminal
1105 offenses proscribed in the following statutes in this state or
1106 similar offenses in another jurisdiction against a victim who
1107 was under 18 years of age at the time of the offense: s. 787.01,
1108 s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
1109 the offender was not the victim’s parent or guardian; s.
1110 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
1111 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
1112 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
1113 847.0145; s. 985.701(1); or any similar offense committed in
1114 this state which has been redesignated from a former statute
1115 number to one of those listed in this subsection, if the person
1116 has not received a pardon for any felony or similar law of
1117 another jurisdiction necessary for the operation of this
1118 subsection and a conviction of a felony or similar law of
1119 another jurisdiction necessary for the operation of this
1120 subsection has not been set aside in any postconviction
1121 proceeding.
1122 Section 24. Paragraph (a) of subsection (1) of section
1123 895.02, Florida Statutes, is amended to read:
1124 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
1125 (1) “Racketeering activity” means to commit, to attempt to
1126 commit, to conspire to commit, or to solicit, coerce, or
1127 intimidate another person to commit:
1128 (a) Any crime that is chargeable by petition, indictment,
1129 or information under the following provisions of the Florida
1130 Statutes:
1131 1. Section 210.18, relating to evasion of payment of
1132 cigarette taxes.
1133 2. Section 316.1935, relating to fleeing or attempting to
1134 elude a law enforcement officer and aggravated fleeing or
1135 eluding.
1136 3. Section 403.727(3)(b), relating to environmental
1137 control.
1138 4. Section 409.920 or s. 409.9201, relating to Medicaid
1139 fraud.
1140 5. Section 414.39, relating to public assistance fraud.
1141 6. Section 440.105 or s. 440.106, relating to workers’
1142 compensation.
1143 7. Section 443.071(4), relating to creation of a fictitious
1144 employer scheme to commit reemployment assistance fraud.
1145 8. Section 465.0161, relating to distribution of medicinal
1146 drugs without a permit as an Internet pharmacy.
1147 9. Section 499.0051, relating to crimes involving
1148 contraband and adulterated drugs.
1149 10. Part IV of chapter 501, relating to telemarketing.
1150 11. Chapter 517, relating to sale of securities and
1151 investor protection.
1152 12. Section 550.235 or s. 550.3551, relating to dogracing
1153 and horseracing.
1154 13. Chapter 550, relating to jai alai frontons.
1155 14. Section 551.109, relating to slot machine gaming.
1156 15. Chapter 552, relating to the manufacture, distribution,
1157 and use of explosives.
1158 16. Chapter 560, relating to money transmitters, if the
1159 violation is punishable as a felony.
1160 17. Chapter 562, relating to beverage law enforcement.
1161 18. Section 624.401, relating to transacting insurance
1162 without a certificate of authority, s. 624.437(4)(c)1., relating
1163 to operating an unauthorized multiple-employer welfare
1164 arrangement, or s. 626.902(1)(b), relating to representing or
1165 aiding an unauthorized insurer.
1166 19. Section 655.50, relating to reports of currency
1167 transactions, when such violation is punishable as a felony.
1168 20. Chapter 687, relating to interest and usurious
1169 practices.
1170 21. Section 721.08, s. 721.09, or s. 721.13, relating to
1171 real estate timeshare plans.
1172 22. Section 775.13(5)(b), relating to registration of
1173 persons found to have committed any offense for the purpose of
1174 benefiting, promoting, or furthering the interests of a criminal
1175 gang.
1176 23. Section 777.03, relating to commission of crimes by
1177 accessories after the fact.
1178 24. Chapter 782, relating to homicide.
1179 25. Chapter 784, relating to assault and battery.
1180 26. Chapter 787, relating to kidnapping or human
1181 trafficking.
1182 27. Chapter 790, relating to weapons and firearms.
1183 28. Chapter 794, relating to sexual battery, but only if
1184 such crime was committed with the intent to benefit, promote, or
1185 further the interests of a criminal gang, or for the purpose of
1186 increasing a criminal gang member’s own standing or position
1187 within a criminal gang.
1188 29. Section 796.03, s. 796.035, s. 796.04, s. 796.05, or s.
1189 796.07, relating to prostitution and sex trafficking.
1190 30. Chapter 806, relating to arson and criminal mischief.
1191 31. Chapter 810, relating to burglary and trespass.
1192 32. Chapter 812, relating to theft, robbery, and related
1193 crimes.
1194 33. Chapter 815, relating to computer-related crimes.
1195 34. Chapter 817, relating to fraudulent practices, false
1196 pretenses, fraud generally, and credit card crimes.
1197 35. Chapter 825, relating to abuse, neglect, or
1198 exploitation of an elderly person or disabled adult.
1199 36. Section 827.071, relating to commercial sexual
1200 exploitation of children.
1201 37. Section 828.122, relating to fighting or baiting
1202 animals.
1203 38. Chapter 831, relating to forgery and counterfeiting.
1204 39. Chapter 832, relating to issuance of worthless checks
1205 and drafts.
1206 40. Section 836.05, relating to extortion.
1207 41. Chapter 837, relating to perjury.
1208 42. Chapter 838, relating to bribery and misuse of public
1209 office.
1210 43. Chapter 843, relating to obstruction of justice.
1211 44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
1212 s. 847.07, relating to obscene literature and profanity.
1213 45. Chapter 849, relating to gambling, lottery, gambling or
1214 gaming devices, slot machines, or any of the provisions within
1215 that chapter.
1216 46. Chapter 874, relating to criminal gangs.
1217 47. Chapter 893, relating to drug abuse prevention and
1218 control.
1219 48. Chapter 896, relating to offenses related to financial
1220 transactions.
1221 49. Sections 914.22 and 914.23, relating to tampering with
1222 or harassing a witness, victim, or informant, and retaliation
1223 against a witness, victim, or informant.
1224 50. Sections 918.12 and 918.13, relating to tampering with
1225 jurors and evidence.
1226 Section 25. Section 938.085, Florida Statutes, is amended
1227 to read:
1228 938.085 Additional cost to fund rape crisis centers.—In
1229 addition to any sanction imposed when a person pleads guilty or
1230 nolo contendere to, or is found guilty of, regardless of
1231 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
1232 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
1233 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
1234 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
1235 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; s. 796.03;
1236 s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 796.07(2)(a)-(d)
1237 and (i); s. 800.03; s. 800.04; s. 810.14; s. 810.145; s.
1238 812.135; s. 817.025; s. 825.102; s. 825.1025; s. 827.071; s.
1239 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 847.0145;
1240 s. 943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s.
1241 985.701(1), the court shall impose a surcharge of $151. Payment
1242 of the surcharge shall be a condition of probation, community
1243 control, or any other court-ordered supervision. The sum of $150
1244 of the surcharge shall be deposited into the Rape Crisis Program
1245 Trust Fund established within the Department of Health by
1246 chapter 2003-140, Laws of Florida. The clerk of the court shall
1247 retain $1 of each surcharge that the clerk of the court collects
1248 as a service charge of the clerk’s office.
1249 Section 26. Subsection (1) of section 938.10, Florida
1250 Statutes, is amended to read:
1251 938.10 Additional court cost imposed in cases of certain
1252 crimes.—
1253 (1) If a person pleads guilty or nolo contendere to, or is
1254 found guilty of, regardless of adjudication, any offense against
1255 a minor in violation of s. 784.085, chapter 787, chapter 794, s.
1256 796.03, s. 796.035, s. 800.04, chapter 827, s. 847.012, s.
1257 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145, s.
1258 893.147(3), or s. 985.701, or any offense in violation of s.
1259 775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
1260 court shall impose a court cost of $151 against the offender in
1261 addition to any other cost or penalty required by law.
1262 Section 27. Paragraph (a) of subsection (1) of section
1263 943.0435, Florida Statutes, is amended to read:
1264 943.0435 Sexual offenders required to register with the
1265 department; penalty.—
1266 (1) As used in this section, the term:
1267 (a)1. “Sexual offender” means a person who meets the
1268 criteria in sub-subparagraph a., sub-subparagraph b., sub
1269 subparagraph c., or sub-subparagraph d., as follows:
1270 a.(I) Has been convicted of committing, or attempting,
1271 soliciting, or conspiring to commit, any of the criminal
1272 offenses proscribed in the following statutes in this state or
1273 similar offenses in another jurisdiction: s. 787.01, s. 787.02,
1274 or s. 787.025(2)(c), where the victim is a minor and the
1275 defendant is not the victim’s parent or guardian; s.
1276 787.06(3)(b), (d), (f), or (g), or (h); s. 794.011, excluding s.
1277 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1278 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1279 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1280 or s. 985.701(1); or any similar offense committed in this state
1281 which has been redesignated from a former statute number to one
1282 of those listed in this sub-sub-subparagraph; and
1283 (II) Has been released on or after October 1, 1997, from
1284 the sanction imposed for any conviction of an offense described
1285 in sub-sub-subparagraph (I). For purposes of sub-sub
1286 subparagraph (I), a sanction imposed in this state or in any
1287 other jurisdiction includes, but is not limited to, a fine,
1288 probation, community control, parole, conditional release,
1289 control release, or incarceration in a state prison, federal
1290 prison, private correctional facility, or local detention
1291 facility;
1292 b. Establishes or maintains a residence in this state and
1293 who has not been designated as a sexual predator by a court of
1294 this state but who has been designated as a sexual predator, as
1295 a sexually violent predator, or by another sexual offender
1296 designation in another state or jurisdiction and was, as a
1297 result of such designation, subjected to registration or
1298 community or public notification, or both, or would be if the
1299 person were a resident of that state or jurisdiction, without
1300 regard to whether the person otherwise meets the criteria for
1301 registration as a sexual offender;
1302 c. Establishes or maintains a residence in this state who
1303 is in the custody or control of, or under the supervision of,
1304 any other state or jurisdiction as a result of a conviction for
1305 committing, or attempting, soliciting, or conspiring to commit,
1306 any of the criminal offenses proscribed in the following
1307 statutes or similar offense in another jurisdiction: s. 787.01,
1308 s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
1309 the defendant is not the victim’s parent or guardian; s.
1310 787.06(3)(b), (d), (f), or (g), or (h); s. 794.011, excluding s.
1311 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1312 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1313 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1314 or s. 985.701(1); or any similar offense committed in this state
1315 which has been redesignated from a former statute number to one
1316 of those listed in this sub-subparagraph; or
1317 d. On or after July 1, 2007, has been adjudicated
1318 delinquent for committing, or attempting, soliciting, or
1319 conspiring to commit, any of the criminal offenses proscribed in
1320 the following statutes in this state or similar offenses in
1321 another jurisdiction when the juvenile was 14 years of age or
1322 older at the time of the offense:
1323 (I) Section 794.011, excluding s. 794.011(10);
1324 (II) Section 800.04(4)(b) where the victim is under 12
1325 years of age or where the court finds sexual activity by the use
1326 of force or coercion;
1327 (III) Section 800.04(5)(c)1. where the court finds
1328 molestation involving unclothed genitals; or
1329 (IV) Section 800.04(5)(d) where the court finds the use of
1330 force or coercion and unclothed genitals.
1331 2. For all qualifying offenses listed in sub-subparagraph
1332 (1)(a)1.d., the court shall make a written finding of the age of
1333 the offender at the time of the offense.
1334
1335 For each violation of a qualifying offense listed in this
1336 subsection, the court shall make a written finding of the age of
1337 the victim at the time of the offense. For a violation of s.
1338 800.04(4), the court shall additionally make a written finding
1339 indicating that the offense did or did not involve sexual
1340 activity and indicating that the offense did or did not involve
1341 force or coercion. For a violation of s. 800.04(5), the court
1342 shall additionally make a written finding that the offense did
1343 or did not involve unclothed genitals or genital area and that
1344 the offense did or did not involve the use of force or coercion.
1345 Section 28. Section 943.0585, Florida Statutes, is amended
1346 to read:
1347 943.0585 Court-ordered expunction of criminal history
1348 records.—The courts of this state have jurisdiction over their
1349 own procedures, including the maintenance, expunction, and
1350 correction of judicial records containing criminal history
1351 information to the extent such procedures are not inconsistent
1352 with the conditions, responsibilities, and duties established by
1353 this section. Any court of competent jurisdiction may order a
1354 criminal justice agency to expunge the criminal history record
1355 of a minor or an adult who complies with the requirements of
1356 this section. The court may shall not order a criminal justice
1357 agency to expunge a criminal history record until the person
1358 seeking to expunge a criminal history record has applied for and
1359 received a certificate of eligibility for expunction pursuant to
1360 subsection (2). A criminal history record that relates to a
1361 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
1362 former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
1363 s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
1364 s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
1365 or any violation specified as a predicate offense for
1366 registration as a sexual predator pursuant to s. 775.21, without
1367 regard to whether that offense alone is sufficient to require
1368 such registration, or for registration as a sexual offender
1369 pursuant to s. 943.0435, may not be expunged, without regard to
1370 whether adjudication was withheld, if the defendant was found
1371 guilty of or pled guilty or nolo contendere to the offense, or
1372 if the defendant, as a minor, was found to have committed, or
1373 pled guilty or nolo contendere to committing, the offense as a
1374 delinquent act. The court may only order expunction of a
1375 criminal history record pertaining to one arrest or one incident
1376 of alleged criminal activity, except as provided in this
1377 section. The court may, at its sole discretion, order the
1378 expunction of a criminal history record pertaining to more than
1379 one arrest if the additional arrests directly relate to the
1380 original arrest. If the court intends to order the expunction of
1381 records pertaining to such additional arrests, such intent must
1382 be specified in the order. A criminal justice agency may not
1383 expunge any record pertaining to such additional arrests if the
1384 order to expunge does not articulate the intention of the court
1385 to expunge a record pertaining to more than one arrest. This
1386 section does not prevent the court from ordering the expunction
1387 of only a portion of a criminal history record pertaining to one
1388 arrest or one incident of alleged criminal activity.
1389 Notwithstanding any law to the contrary, a criminal justice
1390 agency may comply with laws, court orders, and official requests
1391 of other jurisdictions relating to expunction, correction, or
1392 confidential handling of criminal history records or information
1393 derived therefrom. This section does not confer any right to the
1394 expunction of any criminal history record, and any request for
1395 expunction of a criminal history record may be denied at the
1396 sole discretion of the court.
1397 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
1398 petition to a court to expunge a criminal history record is
1399 complete only when accompanied by:
1400 (a) A valid certificate of eligibility for expunction
1401 issued by the department pursuant to subsection (2).
1402 (b) The petitioner’s sworn statement attesting that the
1403 petitioner:
1404 1. Has never, prior to the date on which the petition is
1405 filed, been adjudicated guilty of a criminal offense or
1406 comparable ordinance violation, or been adjudicated delinquent
1407 for committing any felony or a misdemeanor specified in s.
1408 943.051(3)(b).
1409 2. Has not been adjudicated guilty of, or adjudicated
1410 delinquent for committing, any of the acts stemming from the
1411 arrest or alleged criminal activity to which the petition
1412 pertains.
1413 3. Has never secured a prior sealing or expunction of a
1414 criminal history record under this section, s. 943.059, former
1415 s. 893.14, former s. 901.33, or former s. 943.058, unless
1416 expunction is sought of a criminal history record previously
1417 sealed for 10 years pursuant to paragraph (2)(h) and the record
1418 is otherwise eligible for expunction.
1419 4. Is eligible for such an expunction to the best of his or
1420 her knowledge or belief and does not have any other petition to
1421 expunge or any petition to seal pending before any court.
1422
1423 A Any person who knowingly provides false information on such
1424 sworn statement to the court commits a felony of the third
1425 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1426 775.084.
1427 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Before Prior
1428 to petitioning the court to expunge a criminal history record, a
1429 person seeking to expunge a criminal history record shall apply
1430 to the department for a certificate of eligibility for
1431 expunction. The department shall, by rule adopted pursuant to
1432 chapter 120, establish procedures pertaining to the application
1433 for and issuance of certificates of eligibility for expunction.
1434 A certificate of eligibility for expunction is valid for 12
1435 months after the date stamped on the certificate when issued by
1436 the department. After that time, the petitioner must reapply to
1437 the department for a new certificate of eligibility. Eligibility
1438 for a renewed certification of eligibility must be based on the
1439 status of the applicant and the law in effect at the time of the
1440 renewal application. The department shall issue a certificate of
1441 eligibility for expunction to a person who is the subject of a
1442 criminal history record if that person:
1443 (a) Has obtained, and submitted to the department, a
1444 written, certified statement from the appropriate state attorney
1445 or statewide prosecutor which indicates:
1446 1. That an indictment, information, or other charging
1447 document was not filed or issued in the case.
1448 2. That an indictment, information, or other charging
1449 document, if filed or issued in the case, was dismissed or nolle
1450 prosequi by the state attorney or statewide prosecutor, or was
1451 dismissed by a court of competent jurisdiction, and that none of
1452 the charges related to the arrest or alleged criminal activity
1453 to which the petition to expunge pertains resulted in a trial,
1454 without regard to whether the outcome of the trial was other
1455 than an adjudication of guilt.
1456 3. That the criminal history record does not relate to a
1457 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
1458 former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
1459 s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
1460 s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
1461 or any violation specified as a predicate offense for
1462 registration as a sexual predator pursuant to s. 775.21, without
1463 regard to whether that offense alone is sufficient to require
1464 such registration, or for registration as a sexual offender
1465 pursuant to s. 943.0435, where the defendant was found guilty
1466 of, or pled guilty or nolo contendere to any such offense, or
1467 that the defendant, as a minor, was found to have committed, or
1468 pled guilty or nolo contendere to committing, such an offense as
1469 a delinquent act, without regard to whether adjudication was
1470 withheld.
1471 (b) Remits a $75 processing fee to the department for
1472 placement in the Department of Law Enforcement Operating Trust
1473 Fund, unless such fee is waived by the executive director.
1474 (c) Has submitted to the department a certified copy of the
1475 disposition of the charge to which the petition to expunge
1476 pertains.
1477 (d) Has never, prior to the date on which the application
1478 for a certificate of eligibility is filed, been adjudicated
1479 guilty of a criminal offense or comparable ordinance violation,
1480 or been adjudicated delinquent for committing any felony or a
1481 misdemeanor specified in s. 943.051(3)(b).
1482 (e) Has not been adjudicated guilty of, or adjudicated
1483 delinquent for committing, any of the acts stemming from the
1484 arrest or alleged criminal activity to which the petition to
1485 expunge pertains.
1486 (f) Has never secured a prior sealing or expunction of a
1487 criminal history record under this section, s. 943.059, former
1488 s. 893.14, former s. 901.33, or former s. 943.058, unless
1489 expunction is sought of a criminal history record previously
1490 sealed for 10 years pursuant to paragraph (h) and the record is
1491 otherwise eligible for expunction.
1492 (g) Is no longer under court supervision applicable to the
1493 disposition of the arrest or alleged criminal activity to which
1494 the petition to expunge pertains.
1495 (h) Has previously obtained a court order sealing the
1496 record under this section, former s. 893.14, former s. 901.33,
1497 or former s. 943.058 for a minimum of 10 years because
1498 adjudication was withheld or because all charges related to the
1499 arrest or alleged criminal activity to which the petition to
1500 expunge pertains were not dismissed prior to trial, without
1501 regard to whether the outcome of the trial was other than an
1502 adjudication of guilt. The requirement for the record to have
1503 previously been sealed for a minimum of 10 years does not apply
1504 when a plea was not entered or all charges related to the arrest
1505 or alleged criminal activity to which the petition to expunge
1506 pertains were dismissed prior to trial.
1507 (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
1508 (a) In judicial proceedings under this section, a copy of
1509 the completed petition to expunge shall be served upon the
1510 appropriate state attorney or the statewide prosecutor and upon
1511 the arresting agency; however, it is not necessary to make any
1512 agency other than the state a party. The appropriate state
1513 attorney or the statewide prosecutor and the arresting agency
1514 may respond to the court regarding the completed petition to
1515 expunge.
1516 (b) If relief is granted by the court, the clerk of the
1517 court shall certify copies of the order to the appropriate state
1518 attorney or the statewide prosecutor and the arresting agency.
1519 The arresting agency is responsible for forwarding the order to
1520 any other agency to which the arresting agency disseminated the
1521 criminal history record information to which the order pertains.
1522 The department shall forward the order to expunge to the Federal
1523 Bureau of Investigation. The clerk of the court shall certify a
1524 copy of the order to any other agency which the records of the
1525 court reflect has received the criminal history record from the
1526 court.
1527 (c) For an order to expunge entered by a court prior to
1528 July 1, 1992, the department shall notify the appropriate state
1529 attorney or statewide prosecutor of an order to expunge which is
1530 contrary to law because the person who is the subject of the
1531 record has previously been convicted of a crime or comparable
1532 ordinance violation or has had a prior criminal history record
1533 sealed or expunged. Upon receipt of such notice, the appropriate
1534 state attorney or statewide prosecutor shall take action, within
1535 60 days, to correct the record and petition the court to void
1536 the order to expunge. The department shall seal the record until
1537 such time as the order is voided by the court.
1538 (d) On or after July 1, 1992, the department or any other
1539 criminal justice agency is not required to act on an order to
1540 expunge entered by a court when such order does not comply with
1541 the requirements of this section. Upon receipt of such an order,
1542 the department must notify the issuing court, the appropriate
1543 state attorney or statewide prosecutor, the petitioner or the
1544 petitioner’s attorney, and the arresting agency of the reason
1545 for noncompliance. The appropriate state attorney or statewide
1546 prosecutor shall take action within 60 days to correct the
1547 record and petition the court to void the order. No cause of
1548 action, including contempt of court, shall arise against any
1549 criminal justice agency for failure to comply with an order to
1550 expunge when the petitioner for such order failed to obtain the
1551 certificate of eligibility as required by this section or such
1552 order does not otherwise comply with the requirements of this
1553 section.
1554 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
1555 criminal history record of a minor or an adult which is ordered
1556 expunged by a court of competent jurisdiction pursuant to this
1557 section must be physically destroyed or obliterated by any
1558 criminal justice agency having custody of such record; except
1559 that any criminal history record in the custody of the
1560 department must be retained in all cases. A criminal history
1561 record ordered expunged that is retained by the department is
1562 confidential and exempt from the provisions of s. 119.07(1) and
1563 s. 24(a), Art. I of the State Constitution and not available to
1564 any person or entity except upon order of a court of competent
1565 jurisdiction. A criminal justice agency may retain a notation
1566 indicating compliance with an order to expunge.
1567 (a) The person who is the subject of a criminal history
1568 record that is expunged under this section or under other
1569 provisions of law, including former s. 893.14, former s. 901.33,
1570 and former s. 943.058, may lawfully deny or fail to acknowledge
1571 the arrests covered by the expunged record, except when the
1572 subject of the record:
1573 1. Is a candidate for employment with a criminal justice
1574 agency;
1575 2. Is a defendant in a criminal prosecution;
1576 3. Concurrently or subsequently petitions for relief under
1577 this section, s. 943.0583, or s. 943.059;
1578 4. Is a candidate for admission to The Florida Bar;
1579 5. Is seeking to be employed or licensed by or to contract
1580 with the Department of Children and Families, the Division of
1581 Vocational Rehabilitation within the Department of Education,
1582 the Agency for Health Care Administration, the Agency for
1583 Persons with Disabilities, the Department of Health, the
1584 Department of Elderly Affairs, or the Department of Juvenile
1585 Justice or to be employed or used by such contractor or licensee
1586 in a sensitive position having direct contact with children, the
1587 disabled, or the elderly; or
1588 6. Is seeking to be employed or licensed by the Department
1589 of Education, any district school board, any university
1590 laboratory school, any charter school, any private or parochial
1591 school, or any local governmental entity that licenses child
1592 care facilities.
1593 (b) Subject to the exceptions in paragraph (a), a person
1594 who has been granted an expunction under this section, former s.
1595 893.14, former s. 901.33, or former s. 943.058 may not be held
1596 under any provision of law of this state to commit perjury or to
1597 be otherwise liable for giving a false statement by reason of
1598 such person’s failure to recite or acknowledge an expunged
1599 criminal history record.
1600 (c) Information relating to the existence of an expunged
1601 criminal history record which is provided in accordance with
1602 paragraph (a) is confidential and exempt from the provisions of
1603 s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1604 except that the department shall disclose the existence of a
1605 criminal history record ordered expunged to the entities set
1606 forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
1607 respective licensing, access authorization, and employment
1608 purposes, and to criminal justice agencies for their respective
1609 criminal justice purposes. It is unlawful for any employee of an
1610 entity set forth in subparagraph (a)1., subparagraph (a)4.,
1611 subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
1612 disclose information relating to the existence of an expunged
1613 criminal history record of a person seeking employment, access
1614 authorization, or licensure with such entity or contractor,
1615 except to the person to whom the criminal history record relates
1616 or to persons having direct responsibility for employment,
1617 access authorization, or licensure decisions. Any person who
1618 violates this paragraph commits a misdemeanor of the first
1619 degree, punishable as provided in s. 775.082 or s. 775.083.
1620 (5) STATUTORY REFERENCES.—Any reference to any other
1621 chapter, section, or subdivision of the Florida Statutes in this
1622 section constitutes a general reference under the doctrine of
1623 incorporation by reference.
1624 Section 29. Section 943.059, Florida Statutes, is amended
1625 to read:
1626 943.059 Court-ordered sealing of criminal history records.
1627 The courts of this state shall continue to have jurisdiction
1628 over their own procedures, including the maintenance, sealing,
1629 and correction of judicial records containing criminal history
1630 information to the extent such procedures are not inconsistent
1631 with the conditions, responsibilities, and duties established by
1632 this section. Any court of competent jurisdiction may order a
1633 criminal justice agency to seal the criminal history record of a
1634 minor or an adult who complies with the requirements of this
1635 section. The court may shall not order a criminal justice agency
1636 to seal a criminal history record until the person seeking to
1637 seal a criminal history record has applied for and received a
1638 certificate of eligibility for sealing pursuant to subsection
1639 (2). A criminal history record that relates to a violation of s.
1640 393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
1641 s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
1642 chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
1643 s. 916.1075, a violation enumerated in s. 907.041, or any
1644 violation specified as a predicate offense for registration as a
1645 sexual predator pursuant to s. 775.21, without regard to whether
1646 that offense alone is sufficient to require such registration,
1647 or for registration as a sexual offender pursuant to s.
1648 943.0435, may not be sealed, without regard to whether
1649 adjudication was withheld, if the defendant was found guilty of
1650 or pled guilty or nolo contendere to the offense, or if the
1651 defendant, as a minor, was found to have committed or pled
1652 guilty or nolo contendere to committing the offense as a
1653 delinquent act. The court may only order sealing of a criminal
1654 history record pertaining to one arrest or one incident of
1655 alleged criminal activity, except as provided in this section.
1656 The court may, at its sole discretion, order the sealing of a
1657 criminal history record pertaining to more than one arrest if
1658 the additional arrests directly relate to the original arrest.
1659 If the court intends to order the sealing of records pertaining
1660 to such additional arrests, such intent must be specified in the
1661 order. A criminal justice agency may not seal any record
1662 pertaining to such additional arrests if the order to seal does
1663 not articulate the intention of the court to seal records
1664 pertaining to more than one arrest. This section does not
1665 prevent the court from ordering the sealing of only a portion of
1666 a criminal history record pertaining to one arrest or one
1667 incident of alleged criminal activity. Notwithstanding any law
1668 to the contrary, a criminal justice agency may comply with laws,
1669 court orders, and official requests of other jurisdictions
1670 relating to sealing, correction, or confidential handling of
1671 criminal history records or information derived therefrom. This
1672 section does not confer any right to the sealing of any criminal
1673 history record, and any request for sealing a criminal history
1674 record may be denied at the sole discretion of the court.
1675 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
1676 petition to a court to seal a criminal history record is
1677 complete only when accompanied by:
1678 (a) A valid certificate of eligibility for sealing issued
1679 by the department pursuant to subsection (2).
1680 (b) The petitioner’s sworn statement attesting that the
1681 petitioner:
1682 1. Has never, prior to the date on which the petition is
1683 filed, been adjudicated guilty of a criminal offense or
1684 comparable ordinance violation, or been adjudicated delinquent
1685 for committing any felony or a misdemeanor specified in s.
1686 943.051(3)(b).
1687 2. Has not been adjudicated guilty of or adjudicated
1688 delinquent for committing any of the acts stemming from the
1689 arrest or alleged criminal activity to which the petition to
1690 seal pertains.
1691 3. Has never secured a prior sealing or expunction of a
1692 criminal history record under this section, s. 943.0585, former
1693 s. 893.14, former s. 901.33, or former s. 943.058.
1694 4. Is eligible for such a sealing to the best of his or her
1695 knowledge or belief and does not have any other petition to seal
1696 or any petition to expunge pending before any court.
1697
1698 A Any person who knowingly provides false information on such
1699 sworn statement to the court commits a felony of the third
1700 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1701 775.084.
1702 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
1703 petitioning the court to seal a criminal history record, a
1704 person seeking to seal a criminal history record shall apply to
1705 the department for a certificate of eligibility for sealing. The
1706 department shall, by rule adopted pursuant to chapter 120,
1707 establish procedures pertaining to the application for and
1708 issuance of certificates of eligibility for sealing. A
1709 certificate of eligibility for sealing is valid for 12 months
1710 after the date stamped on the certificate when issued by the
1711 department. After that time, the petitioner must reapply to the
1712 department for a new certificate of eligibility. Eligibility for
1713 a renewed certification of eligibility must be based on the
1714 status of the applicant and the law in effect at the time of the
1715 renewal application. The department shall issue a certificate of
1716 eligibility for sealing to a person who is the subject of a
1717 criminal history record provided that such person:
1718 (a) Has submitted to the department a certified copy of the
1719 disposition of the charge to which the petition to seal
1720 pertains.
1721 (b) Remits a $75 processing fee to the department for
1722 placement in the Department of Law Enforcement Operating Trust
1723 Fund, unless such fee is waived by the executive director.
1724 (c) Has never, prior to the date on which the application
1725 for a certificate of eligibility is filed, been adjudicated
1726 guilty of a criminal offense or comparable ordinance violation,
1727 or been adjudicated delinquent for committing any felony or a
1728 misdemeanor specified in s. 943.051(3)(b).
1729 (d) Has not been adjudicated guilty of or adjudicated
1730 delinquent for committing any of the acts stemming from the
1731 arrest or alleged criminal activity to which the petition to
1732 seal pertains.
1733 (e) Has never secured a prior sealing or expunction of a
1734 criminal history record under this section, s. 943.0585, former
1735 s. 893.14, former s. 901.33, or former s. 943.058.
1736 (f) Is no longer under court supervision applicable to the
1737 disposition of the arrest or alleged criminal activity to which
1738 the petition to seal pertains.
1739 (3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
1740 (a) In judicial proceedings under this section, a copy of
1741 the completed petition to seal shall be served upon the
1742 appropriate state attorney or the statewide prosecutor and upon
1743 the arresting agency; however, it is not necessary to make any
1744 agency other than the state a party. The appropriate state
1745 attorney or the statewide prosecutor and the arresting agency
1746 may respond to the court regarding the completed petition to
1747 seal.
1748 (b) If relief is granted by the court, the clerk of the
1749 court shall certify copies of the order to the appropriate state
1750 attorney or the statewide prosecutor and to the arresting
1751 agency. The arresting agency is responsible for forwarding the
1752 order to any other agency to which the arresting agency
1753 disseminated the criminal history record information to which
1754 the order pertains. The department shall forward the order to
1755 seal to the Federal Bureau of Investigation. The clerk of the
1756 court shall certify a copy of the order to any other agency
1757 which the records of the court reflect has received the criminal
1758 history record from the court.
1759 (c) For an order to seal entered by a court prior to July
1760 1, 1992, the department shall notify the appropriate state
1761 attorney or statewide prosecutor of any order to seal which is
1762 contrary to law because the person who is the subject of the
1763 record has previously been convicted of a crime or comparable
1764 ordinance violation or has had a prior criminal history record
1765 sealed or expunged. Upon receipt of such notice, the appropriate
1766 state attorney or statewide prosecutor shall take action, within
1767 60 days, to correct the record and petition the court to void
1768 the order to seal. The department shall seal the record until
1769 such time as the order is voided by the court.
1770 (d) On or after July 1, 1992, the department or any other
1771 criminal justice agency is not required to act on an order to
1772 seal entered by a court when such order does not comply with the
1773 requirements of this section. Upon receipt of such an order, the
1774 department must notify the issuing court, the appropriate state
1775 attorney or statewide prosecutor, the petitioner or the
1776 petitioner’s attorney, and the arresting agency of the reason
1777 for noncompliance. The appropriate state attorney or statewide
1778 prosecutor shall take action within 60 days to correct the
1779 record and petition the court to void the order. No cause of
1780 action, including contempt of court, shall arise against any
1781 criminal justice agency for failure to comply with an order to
1782 seal when the petitioner for such order failed to obtain the
1783 certificate of eligibility as required by this section or when
1784 such order does not comply with the requirements of this
1785 section.
1786 (e) An order sealing a criminal history record pursuant to
1787 this section does not require that such record be surrendered to
1788 the court, and such record shall continue to be maintained by
1789 the department and other criminal justice agencies.
1790 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
1791 history record of a minor or an adult which is ordered sealed by
1792 a court of competent jurisdiction pursuant to this section is
1793 confidential and exempt from the provisions of s. 119.07(1) and
1794 s. 24(a), Art. I of the State Constitution and is available only
1795 to the person who is the subject of the record, to the subject’s
1796 attorney, to criminal justice agencies for their respective
1797 criminal justice purposes, which include conducting a criminal
1798 history background check for approval of firearms purchases or
1799 transfers as authorized by state or federal law, to judges in
1800 the state courts system for the purpose of assisting them in
1801 their case-related decisionmaking responsibilities, as set forth
1802 in s. 943.053(5), or to those entities set forth in
1803 subparagraphs (a)1., 4., 5., 6., and 8. for their respective
1804 licensing, access authorization, and employment purposes.
1805 (a) The subject of a criminal history record sealed under
1806 this section or under other provisions of law, including former
1807 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1808 deny or fail to acknowledge the arrests covered by the sealed
1809 record, except when the subject of the record:
1810 1. Is a candidate for employment with a criminal justice
1811 agency;
1812 2. Is a defendant in a criminal prosecution;
1813 3. Concurrently or subsequently petitions for relief under
1814 this section, s. 943.0583, or s. 943.0585;
1815 4. Is a candidate for admission to The Florida Bar;
1816 5. Is seeking to be employed or licensed by or to contract
1817 with the Department of Children and Families, the Division of
1818 Vocational Rehabilitation within the Department of Education,
1819 the Agency for Health Care Administration, the Agency for
1820 Persons with Disabilities, the Department of Health, the
1821 Department of Elderly Affairs, or the Department of Juvenile
1822 Justice or to be employed or used by such contractor or licensee
1823 in a sensitive position having direct contact with children, the
1824 disabled, or the elderly;
1825 6. Is seeking to be employed or licensed by the Department
1826 of Education, any district school board, any university
1827 laboratory school, any charter school, any private or parochial
1828 school, or any local governmental entity that licenses child
1829 care facilities; or
1830 7. Is attempting to purchase a firearm from a licensed
1831 importer, licensed manufacturer, or licensed dealer and is
1832 subject to a criminal history check under state or federal law.
1833 (b) Subject to the exceptions in paragraph (a), a person
1834 who has been granted a sealing under this section, former s.
1835 893.14, former s. 901.33, or former s. 943.058 may not be held
1836 under any provision of law of this state to commit perjury or to
1837 be otherwise liable for giving a false statement by reason of
1838 such person’s failure to recite or acknowledge a sealed criminal
1839 history record.
1840 (c) Information relating to the existence of a sealed
1841 criminal record provided in accordance with the provisions of
1842 paragraph (a) is confidential and exempt from the provisions of
1843 s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1844 except that the department shall disclose the sealed criminal
1845 history record to the entities set forth in subparagraphs (a)1.,
1846 4., 5., 6., and 8. for their respective licensing, access
1847 authorization, and employment purposes. It is unlawful for any
1848 employee of an entity set forth in subparagraph (a)1.,
1849 subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
1850 subparagraph (a)8. to disclose information relating to the
1851 existence of a sealed criminal history record of a person
1852 seeking employment, access authorization, or licensure with such
1853 entity or contractor, except to the person to whom the criminal
1854 history record relates or to persons having direct
1855 responsibility for employment, access authorization, or
1856 licensure decisions. Any person who violates the provisions of
1857 this paragraph commits a misdemeanor of the first degree,
1858 punishable as provided in s. 775.082 or s. 775.083.
1859 (5) STATUTORY REFERENCES.—Any reference to any other
1860 chapter, section, or subdivision of the Florida Statutes in this
1861 section constitutes a general reference under the doctrine of
1862 incorporation by reference.
1863 Section 30. Paragraph (b) of subsection (1) of section
1864 944.606, Florida Statutes, is amended to read:
1865 944.606 Sexual offenders; notification upon release.—
1866 (1) As used in this section:
1867 (b) “Sexual offender” means a person who has been convicted
1868 of committing, or attempting, soliciting, or conspiring to
1869 commit, any of the criminal offenses proscribed in the following
1870 statutes in this state or similar offenses in another
1871 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
1872 the victim is a minor and the defendant is not the victim’s
1873 parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
1874 s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
1875 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
1876 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
1877 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
1878 committed in this state which has been redesignated from a
1879 former statute number to one of those listed in this subsection,
1880 when the department has received verified information regarding
1881 such conviction; an offender’s computerized criminal history
1882 record is not, in and of itself, verified information.
1883 Section 31. Paragraph (a) of subsection (1) of section
1884 944.607, Florida Statutes, is amended to read:
1885 944.607 Notification to Department of Law Enforcement of
1886 information on sexual offenders.—
1887 (1) As used in this section, the term:
1888 (a) “Sexual offender” means a person who is in the custody
1889 or control of, or under the supervision of, the department or is
1890 in the custody of a private correctional facility:
1891 1. On or after October 1, 1997, as a result of a conviction
1892 for committing, or attempting, soliciting, or conspiring to
1893 commit, any of the criminal offenses proscribed in the following
1894 statutes in this state or similar offenses in another
1895 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
1896 the victim is a minor and the defendant is not the victim’s
1897 parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
1898 s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
1899 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
1900 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
1901 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
1902 committed in this state which has been redesignated from a
1903 former statute number to one of those listed in this paragraph;
1904 or
1905 2. Who establishes or maintains a residence in this state
1906 and who has not been designated as a sexual predator by a court
1907 of this state but who has been designated as a sexual predator,
1908 as a sexually violent predator, or by another sexual offender
1909 designation in another state or jurisdiction and was, as a
1910 result of such designation, subjected to registration or
1911 community or public notification, or both, or would be if the
1912 person were a resident of that state or jurisdiction, without
1913 regard as to whether the person otherwise meets the criteria for
1914 registration as a sexual offender.
1915 Section 32. Subsection (2) of section 948.013, Florida
1916 Statutes, is amended to read:
1917 948.013 Administrative probation.—
1918 (2) Effective for an offense committed on or after July 1,
1919 1998, a person is ineligible for placement on administrative
1920 probation if the person is sentenced to or is serving a term of
1921 probation or community control, regardless of the conviction or
1922 adjudication, for committing, or attempting, conspiring, or
1923 soliciting to commit, any of the felony offenses described in s.
1924 787.01 or s. 787.02, where the victim is a minor and the
1925 defendant is not the victim’s parent; s. 787.025; chapter 794;
1926 s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
1927 847.0133; s. 847.0135; or s. 847.0145.
1928 Section 33. Subsection (1) of section 948.32, Florida
1929 Statutes, is amended to read:
1930 948.32 Requirements of law enforcement agency upon arrest
1931 of persons for certain sex offenses.—
1932 (1) When any state or local law enforcement agency
1933 investigates or arrests a person for committing, or attempting,
1934 soliciting, or conspiring to commit, a violation of s.
1935 787.025(2)(c), chapter 794, s. 796.03, s. 800.04, s. 827.071, s.
1936 847.0133, s. 847.0135, or s. 847.0145, the law enforcement
1937 agency shall contact the Department of Corrections to verify
1938 whether the person under investigation or under arrest is on
1939 probation, community control, parole, conditional release, or
1940 control release.
1941 Section 34. This act shall take effect October 1, 2014.
1942
1943 ================= T I T L E A M E N D M E N T ================
1944 And the title is amended as follows:
1945 Delete everything before the enacting clause
1946 and insert:
1947 A bill to be entitled
1948 An act relating to human trafficking; amending s.
1949 92.56, F.S.; authorizing a defendant who has been
1950 charged with specified human trafficking offenses to
1951 apply for an order of disclosure of confidential and
1952 exempt information; authorizing the court to use a
1953 pseudonym, instead of a victim’s name, to designate
1954 the victim of specified human trafficking offenses;
1955 providing that trial testimony for specified human
1956 trafficking offenses may be published or broadcast
1957 under certain circumstances; amending s. 450.021,
1958 F.S.; prohibiting the employment of minors in adult
1959 theaters; amending s. 450.045, F.S.; requiring adult
1960 theaters to verify the ages of employees and
1961 independent contractors and maintain specified
1962 documentation; amending s. 775.082, F.S.; providing a
1963 life sentence for a specified felony; amending s.
1964 775.15, F.S.; eliminating the statute of limitations
1965 for prosecutions under a specified human trafficking
1966 provision; providing applicability; amending s.
1967 787.06, F.S.; revising and providing penalties for
1968 various human trafficking offenses against minors and
1969 adults; creating s. 796.001, F.S.; providing
1970 legislative intent concerning prosecutions of adults
1971 for certain offenses involving minors; repealing ss.
1972 796.03, 796.035, and 796.036, F.S., relating to
1973 procuring a person under the age of 18 for
1974 prostitution, selling or buying of minors into
1975 prostitution, and reclassification of certain
1976 violations involving minors, respectively; amending
1977 ss. 796.05 and 796.07, F.S.; revising and providing
1978 penalties for various prostitution offenses; amending
1979 s. 921.0022, F.S.; conforming provisions of the
1980 offense severity ranking chart of the Criminal
1981 Punishment Code to changes made by the act; amending
1982 s. 943.0583, F.S.; providing for expunction of
1983 criminal history records of certain criminal charges
1984 against victims of human trafficking that did not
1985 result in convictions; requiring destruction of
1986 investigative records related to such expunged
1987 records; amending s. 960.065, F.S.; providing an
1988 exception to ineligibility for victim assistance
1989 awards to specified victims of human trafficking;
1990 amending s. 960.199, F.S.; authorizing the Department
1991 of Legal Affairs to provide relocation assistance to a
1992 victim of specified human trafficking offenses;
1993 requiring the human trafficking offense to be reported
1994 to the proper authorities and certified by the state
1995 attorney or statewide prosecutor; requiring the state
1996 attorney’s or statewide prosecutor’s approval of a
1997 rape crisis center’s or a certified domestic violence
1998 center’s certification that a victim is cooperating
1999 with law enforcement officials; providing that the act
2000 of human trafficking must occur under certain
2001 circumstances for the victim to be eligible for
2002 relocation assistance; amending ss. 39.01, 90.404,
2003 772.102, 775.0877, 775.21, 787.01, 787.02, 794.056,
2004 856.022, 895.02, 938.085, 938.10, 943.0435, 943.0585,
2005 943.059, 944.606, 944.607, 948.013, and 948.32, F.S.;
2006 conforming cross-references; providing an effective
2007 date.