Florida Senate - 2017                                     SB 150
       
       
        
       By Senator Steube
       
       23-00203-17                                            2017150__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         893.13, F.S.; requiring a mandatory minimum term of
    4         imprisonment for specified violations related to
    5         controlled substances which are committed in a
    6         dwelling; creating a criminal penalty for possession
    7         with intent to distribute a controlled substance under
    8         certain circumstances; amending s. 893.135, F.S.;
    9         creating the criminal penalty of “trafficking in
   10         fentanyl”; requiring mandatory minimum terms of
   11         imprisonment and fines for specified quantities of
   12         fentanyl; adding a minimum specified quantity of
   13         fentanyl to the crime of trafficking in illegal drugs;
   14         creating the criminal penalty of “trafficking in
   15         synthetic drugs”; requiring mandatory minimum terms of
   16         imprisonment and fines for specified quantities of
   17         certain controlled substances; amending s. 921.0022,
   18         F.S.; adding offenses relating to trafficking in LSD
   19         and synthetic drugs to the offense severity ranking
   20         chart; reenacting ss. 112.0455(8)(s), 397.451(4)(b),
   21         435.07(2), 775.084(1)(a), 831.311(1), 893.138(3),
   22         921.187(1)(l), F.S., relating to the Drug-Free
   23         Workplace Act, background checks of service provider
   24         personnel, exemptions from disqualification from
   25         employment, habitual felony offenders, counterfeit
   26         resistant prescription blanks for controlled
   27         substances, abatement of a declared public nuisance,
   28         and alternatives to a state prison sentence,
   29         respectively, to incorporate the amendment made to s.
   30         893.13, F.S., in references thereto; reenacting ss.
   31         373.6055(3)(c), 397.451(6), 414.095(1), 775.087(2)(a)
   32         and (3)(a), 782.04(1)(a), (3), and (4), 893.03(3)(c),
   33         907.041(4)(c), 921.0024(1)(b), 943.0585, and 943.059,
   34         F.S., relating to criminal history checks for certain
   35         water management district employees and others,
   36         disqualification from receiving state funds,
   37         determining eligibility for temporary cash assistance,
   38         minimum term of imprisonment for conviction of a
   39         felony or attempting to commit a felony, murder,
   40         Schedule III controlled substances, pretrial detention
   41         and release, Criminal Punishment Code worksheet
   42         computations, court-ordered expunction of criminal
   43         history records, and court-ordered sealing of criminal
   44         history records, respectively, to incorporate the
   45         amendment made to s. 893.135, F.S., in references
   46         thereto; reenacting ss. 772.12(2), 810.02(3),
   47         812.014(2)(c), 893.1351(1) and (2), and 903.133, F.S.,
   48         relating to the Drug Dealer Liability Act; burglary;
   49         theft; owning, leasing, renting, or possessing for
   50         trafficking in or manufacturing a controlled
   51         substance; and the prohibition of bail on appeal for
   52         certain felony convictions, respectively, to
   53         incorporate the amendments made to ss. 893.13 and
   54         893.135, F.S., in references thereto; providing an
   55         effective date.
   56          
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Paragraph (a) of subsection (1) of section
   60  893.13, Florida Statutes, is amended, paragraph (d) of
   61  subsection (8) of that section is republished, and subsection
   62  (11) is added to that section, to read:
   63         893.13 Prohibited acts; penalties.—
   64         (1)(a) Except as authorized by this chapter and chapter
   65  499, a person may not sell, manufacture, or deliver, or possess
   66  with intent to sell, manufacture, or deliver, a controlled
   67  substance. A person who violates this provision with respect to:
   68         1. A controlled substance named or described in s.
   69  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
   70  commits a felony of the second degree, punishable as provided in
   71  s. 775.082, s. 775.083, or s. 775.084. A person who violates
   72  this subparagraph in a dwelling, as defined in s. 810.011, shall
   73  be sentenced to a mandatory minimum term of imprisonment of 3
   74  years.
   75         2. A controlled substance named or described in s.
   76  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
   77  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
   78  the third degree, punishable as provided in s. 775.082, s.
   79  775.083, or s. 775.084.
   80         3. A controlled substance named or described in s.
   81  893.03(5) commits a misdemeanor of the first degree, punishable
   82  as provided in s. 775.082 or s. 775.083.
   83         (8)
   84         (d) Notwithstanding paragraph (c), if a prescribing
   85  practitioner has violated paragraph (a) and received $1,000 or
   86  more in payment for writing one or more prescriptions or, in the
   87  case of a prescription written for a controlled substance
   88  described in s. 893.135, has written one or more prescriptions
   89  for a quantity of a controlled substance which, individually or
   90  in the aggregate, meets the threshold for the offense of
   91  trafficking in a controlled substance under s. 893.135, the
   92  violation is reclassified as a felony of the second degree and
   93  ranked in level 4 of the Criminal Punishment Code.
   94         (11) A person who knowingly and intentionally possesses
   95  with intent to distribute a quantity of a substance or mixture
   96  containing detectable amounts of a controlled substance named or
   97  described in s. 893.03(2)(a)4. and (2)(b)9., the use of which
   98  results in death, commits a felony of the third degree,
   99  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  100         Section 2. Paragraph (c) of subsection (1) of section
  101  893.135, Florida Statutes, is amended, and paragraph (m) is
  102  added to that subsection, to read:
  103         893.135 Trafficking; mandatory sentences; suspension or
  104  reduction of sentences; conspiracy to engage in trafficking.—
  105         (1) Except as authorized in this chapter or in chapter 499
  106  and notwithstanding the provisions of s. 893.13:
  107         (c)1. A person who knowingly sells, purchases,
  108  manufactures, delivers, or brings into this state, or who is
  109  knowingly in actual or constructive possession of, 4 grams or
  110  more of any morphine, opium, hydromorphone, or any salt,
  111  derivative, isomer, or salt of an isomer thereof, including
  112  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  113  (3)(c)4., or 4 grams or more of any mixture containing any such
  114  substance, but less than 30 kilograms of such substance or
  115  mixture, commits a felony of the first degree, which felony
  116  shall be known as “trafficking in illegal drugs,” punishable as
  117  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  118  quantity involved:
  119         a. Is 4 grams or more, but less than 14 grams, such person
  120  shall be sentenced to a mandatory minimum term of imprisonment
  121  of 3 years and shall be ordered to pay a fine of $50,000.
  122         b. Is 14 grams or more, but less than 28 grams, such person
  123  shall be sentenced to a mandatory minimum term of imprisonment
  124  of 15 years and shall be ordered to pay a fine of $100,000.
  125         c. Is 28 grams or more, but less than 30 kilograms, such
  126  person shall be sentenced to a mandatory minimum term of
  127  imprisonment of 25 years and shall be ordered to pay a fine of
  128  $500,000.
  129         2. A person who knowingly sells, purchases, manufactures,
  130  delivers, or brings into this state, or who is knowingly in
  131  actual or constructive possession of, 14 grams or more of
  132  hydrocodone, or any salt, derivative, isomer, or salt of an
  133  isomer thereof, or 14 grams or more of any mixture containing
  134  any such substance, commits a felony of the first degree, which
  135  felony shall be known as “trafficking in hydrocodone,”
  136  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  137  If the quantity involved:
  138         a. Is 14 grams or more, but less than 28 grams, such person
  139  shall be sentenced to a mandatory minimum term of imprisonment
  140  of 3 years and shall be ordered to pay a fine of $50,000.
  141         b. Is 28 grams or more, but less than 50 grams, such person
  142  shall be sentenced to a mandatory minimum term of imprisonment
  143  of 7 years and shall be ordered to pay a fine of $100,000.
  144         c. Is 50 grams or more, but less than 200 grams, such
  145  person shall be sentenced to a mandatory minimum term of
  146  imprisonment of 15 years and shall be ordered to pay a fine of
  147  $500,000.
  148         d. Is 200 grams or more, but less than 30 kilograms, such
  149  person shall be sentenced to a mandatory minimum term of
  150  imprisonment of 25 years and shall be ordered to pay a fine of
  151  $750,000.
  152         3. A person who knowingly sells, purchases, manufactures,
  153  delivers, or brings into this state, or who is knowingly in
  154  actual or constructive possession of, 7 grams or more of
  155  oxycodone, or any salt, derivative, isomer, or salt of an isomer
  156  thereof, or 7 grams or more of any mixture containing any such
  157  substance, commits a felony of the first degree, which felony
  158  shall be known as “trafficking in oxycodone,” punishable as
  159  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  160  quantity involved:
  161         a. Is 7 grams or more, but less than 14 grams, such person
  162  shall be sentenced to a mandatory minimum term of imprisonment
  163  of 3 years and shall be ordered to pay a fine of $50,000.
  164         b. Is 14 grams or more, but less than 25 grams, such person
  165  shall be sentenced to a mandatory minimum term of imprisonment
  166  of 7 years and shall be ordered to pay a fine of $100,000.
  167         c. Is 25 grams or more, but less than 100 grams, such
  168  person shall be sentenced to a mandatory minimum term of
  169  imprisonment of 15 years and shall be ordered to pay a fine of
  170  $500,000.
  171         d. Is 100 grams or more, but less than 30 kilograms, such
  172  person shall be sentenced to a mandatory minimum term of
  173  imprisonment of 25 years and shall be ordered to pay a fine of
  174  $750,000.
  175         4. A person who knowingly sells, purchases, manufactures,
  176  delivers, or brings into this state, or who is knowingly in
  177  actual or constructive possession of, 4 grams or more of
  178  fentanyl, or any salt, derivative, isomer, or salt of an isomer
  179  thereof, or 4 grams or more of any mixture containing any such
  180  substance, but less than 30 kilograms of such substance or
  181  mixture, commits a felony of the first degree, which felony
  182  shall be known as “trafficking in fentanyl,” punishable as
  183  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  184  quantity involved:
  185         a.Is 4 grams or more, but less than 14 grams, such person
  186  shall be sentenced to a mandatory minimum term of imprisonment
  187  of 3 years and shall be ordered to pay a fine of $50,000.
  188         b.Is 14 grams or more, but less than 28 grams, such person
  189  shall be sentenced to a mandatory minimum term of imprisonment
  190  of 7 years and shall be ordered to pay a fine of $100,000.
  191         c.Is 28 grams or more, but less than 30 kilograms, such
  192  person shall be sentenced to a mandatory minimum term of
  193  imprisonment of 15 years and shall be ordered to pay a fine of
  194  $500,000.
  195         5.4. A person who knowingly sells, purchases, manufactures,
  196  delivers, or brings into this state, or who is knowingly in
  197  actual or constructive possession of, 30 kilograms or more of
  198  any morphine, opium, oxycodone, hydrocodone, hydromorphone, or
  199  any salt, derivative, isomer, or salt of an isomer thereof,
  200  including heroin, as described in s. 893.03(1)(b), (2)(a),
  201  (3)(c)3., or (3)(c)4., or 30 kilograms or more of fentanyl as
  202  described in s. 893.03(2)(b)9., or 30 kilograms or more of any
  203  mixture containing any such substance, commits the first degree
  204  felony of trafficking in illegal drugs. A person who has been
  205  convicted of the first degree felony of trafficking in illegal
  206  drugs under this subparagraph shall be punished by life
  207  imprisonment and is ineligible for any form of discretionary
  208  early release except pardon or executive clemency or conditional
  209  medical release under s. 947.149. However, if the court
  210  determines that, in addition to committing any act specified in
  211  this paragraph:
  212         a. The person intentionally killed an individual or
  213  counseled, commanded, induced, procured, or caused the
  214  intentional killing of an individual and such killing was the
  215  result; or
  216         b. The person’s conduct in committing that act led to a
  217  natural, though not inevitable, lethal result,
  218  
  219  such person commits the capital felony of trafficking in illegal
  220  drugs, punishable as provided in ss. 775.082 and 921.142. A
  221  person sentenced for a capital felony under this paragraph shall
  222  also be sentenced to pay the maximum fine provided under
  223  subparagraph 1.
  224         6.5. A person who knowingly brings into this state 60
  225  kilograms or more of any morphine, opium, oxycodone,
  226  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  227  salt of an isomer thereof, including heroin, as described in s.
  228  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
  229  more of any mixture containing any such substance, and who knows
  230  that the probable result of such importation would be the death
  231  of a person, commits capital importation of illegal drugs, a
  232  capital felony punishable as provided in ss. 775.082 and
  233  921.142. A person sentenced for a capital felony under this
  234  paragraph shall also be sentenced to pay the maximum fine
  235  provided under subparagraph 1.
  236         (m) A person who knowingly sells, purchases, manufactures,
  237  delivers, or brings into this state, or who is knowingly in
  238  actual or constructive possession of, 250 grams or more of a
  239  controlled substance described in s. 893.03(1)(c)46.-50., 114.
  240  142., 151.-159., or 166.-173., or any mixture containing those
  241  substances, commits a felony of the first degree, which felony
  242  shall be known as “trafficking in synthetic drugs,” punishable
  243  as provided in s. 775.082, s. 775.083, or s. 775.084. If the
  244  quantity involved:
  245         1. Is 250 grams or more, but less than 500 grams, such
  246  person shall be sentenced to a mandatory minimum term of
  247  imprisonment of 3 years and shall be ordered to pay a fine of
  248  $25,000.
  249         2. Is 500 grams or more, but less than 1,000 grams, such
  250  person shall be sentenced to a mandatory minimum term of
  251  imprisonment of 7 years and shall be ordered to pay a fine of
  252  $50,000.
  253         3. Is 1,000 grams or more, but less than 30 kilograms, such
  254  person shall be sentenced to a mandatory minimum term of
  255  imprisonment of 15 years and shall be ordered to pay a fine of
  256  $200,000.
  257         4. Is 30 kilograms or more, such person shall be sentenced
  258  to a mandatory minimum term of imprisonment of 25 years and
  259  shall be ordered to pay a fine of $750,000.
  260         Section 3. Paragraphs (g) and (i) of subsection (3) of
  261  section 921.0022, Florida Statutes, are amended, and paragraph
  262  (e) of subsection (3) of that section is republished, to read:
  263         921.0022 Criminal Punishment Code; offense severity ranking
  264  chart.—
  265         (3) OFFENSE SEVERITY RANKING CHART
  266         (e) LEVEL 5
  267  
  268  FloridaStatute             FelonyDegree        Description        
  269  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  270  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  271  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  272  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  273  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  274  379.365(2)(c)1.                3rd     Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
  275  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  276  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  277  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  278  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  279  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  280  440.381(2)                     2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  281  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  282  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  283  790.01(2)                      3rd     Carrying a concealed firearm.
  284  790.162                        2nd     Threat to throw or discharge destructive device.
  285  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  286  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  287  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  288  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  289  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  290  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  291  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  292  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  293  812.015(8)                     3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  294  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  295  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  296  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  297  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  298  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  299  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.
  300  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 persons.
  301  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  302  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device or reencoder.
  303  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  304  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  305  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  306  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.
  307  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  308  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  309  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  310  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  311  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  312  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  313  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).
  314  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.
  315  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.
  316  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.
  317  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.
  318  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  319  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  320         (g) LEVEL 7
  321  
  322  FloridaStatute           FelonyDegree         Description         
  323  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
  324  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
  325  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.
  326  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
  327  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  328  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
  329  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
  330  456.065(2)                    3rd     Practicing a health care profession without a license.
  331  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
  332  458.327(1)                    3rd     Practicing medicine without a license.
  333  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
  334  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
  335  461.012(1)                    3rd     Practicing podiatric medicine without a license.
  336  462.17                        3rd     Practicing naturopathy without a license.
  337  463.015(1)                    3rd     Practicing optometry without a license.
  338  464.016(1)                    3rd     Practicing nursing without a license.
  339  465.015(2)                    3rd     Practicing pharmacy without a license.
  340  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
  341  467.201                       3rd     Practicing midwifery without a license.
  342  468.366                       3rd     Delivering respiratory care services without a license.
  343  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
  344  483.901(7)                    3rd     Practicing medical physics without a license.
  345  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
  346  484.053                       3rd     Dispensing hearing aids without a license.
  347  494.0018(2)                   1st     Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
  348  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.
  349  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  350  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  351  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
  352  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
  353  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  354  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  355  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  356  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  357  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  358  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
  359  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
  360  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
  361  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
  362  784.048(7)                    3rd     Aggravated stalking; violation of court order.
  363  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
  364  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
  365  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
  366  784.081(1)                    1st     Aggravated battery on specified official or employee.
  367  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
  368  784.083(1)                    1st     Aggravated battery on code inspector.
  369  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
  370  787.06(3)(e)2.                1st     Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
  371  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  372  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
  373  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
  374  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  375  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  376  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  377  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  378  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.
  379  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
  380  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
  381  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
  382  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
  383  800.04(5)(e)                  1st     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
  384  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
  385  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
  386  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
  387  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
  388  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
  389  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.
  390  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  391  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
  392  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
  393  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
  394  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  395  812.131(2)(a)                 2nd     Robbery by sudden snatching.
  396  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
  397  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
  398  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
  399  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
  400  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
  401  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.
  402  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
  403  817.611(2)(b)                 2nd     Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
  404  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  405  825.103(3)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
  406  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
  407  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
  408  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
  409  838.015                       2nd     Bribery.                    
  410  838.016                       2nd     Unlawful compensation or reward for official behavior.
  411  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
  412  838.22                        2nd     Bid tampering.              
  413  843.0855(2)                   3rd     Impersonation of a public officer or employee.
  414  843.0855(3)                   3rd     Unlawful simulation of legal process.
  415  843.0855(4)                   3rd     Intimidation of a public officer or employee.
  416  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
  417  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
  418  872.06                        2nd     Abuse of a dead human body. 
  419  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  420  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  421  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.
  422  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.
  423  893.13(4)(a)                  1st     Use or hire of minor; deliver to minor other controlled substance.
  424  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  425  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
  426  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  427  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
  428  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  429  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  430  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  431  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  432  893.135(1)(e)1.               1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  433  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  434  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  435  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  436  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  437  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  438  893.135(1)(l)1.a.             1st     Trafficking in LSD, 1 gram or more, less than 5 grams.
  439  893.135(1)(m)1.               1st     Trafficking in synthetic drugs, 250 grams or more, less than 500 grams.
  440  893.135(1)(m)2.               1st     Trafficking in synthetic drugs, 500 grams or more, less than 1,000 grams.
  441  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
  442  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
  443  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  444  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  445  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  446  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
  447  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  448  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  449  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
  450  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  451  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  452  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  453  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  454  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  455  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  456         (i) LEVEL 9
  457  
  458  FloridaStatute            FelonyDegree         Description         
  459  316.193 (3)(c)3.b.             1st     DUI manslaughter; failing to render aid or give information.
  460  327.35 (3)(c)3.b.              1st     BUI manslaughter; failing to render aid or give information.
  461  409.920 (2)(b)1.c.             1st     Medicaid provider fraud; $50,000 or more.
  462  499.0051(8)                    1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  463  560.123(8)(b)3.                1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  464  560.125(5)(c)                  1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  465  655.50(10)(b)3.                1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  466  775.0844                       1st     Aggravated white collar crime.
  467  782.04(1)                      1st     Attempt, conspire, or solicit to commit premeditated murder.
  468  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.
  469  782.051(1)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  470  782.07(2)                      1st     Aggravated manslaughter of an elderly person or disabled adult.
  471  787.01(1)(a)1.               1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
  472  787.01(1)(a)2.               1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
  473  787.01(1)(a)4.               1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
  474  787.02(3)(a)                 1st,PBL   False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  475  787.06(3)(c)1.                 1st     Human trafficking for labor and services of an unauthorized alien child.
  476  787.06(3)(d)                   1st     Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
  477  787.06(3)(f)1.               1st,PBL   Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
  478  790.161                        1st     Attempted capital destructive device offense.
  479  790.166(2)                   1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
  480  794.011(2)                     1st     Attempted sexual battery; victim less than 12 years of age.
  481  794.011(2)                    Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  482  794.011(4)(a)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
  483  794.011(4)(b)                  1st     Sexual battery, certain circumstances; victim and offender 18 years of age or older.
  484  794.011(4)(c)                  1st     Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
  485  794.011(4)(d)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
  486  794.011(8)(b)                1st,PBL   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  487  794.08(2)                      1st     Female genital mutilation; victim younger than 18 years of age.
  488  800.04(5)(b)                  Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  489  812.13(2)(a)                 1st,PBL   Robbery with firearm or other deadly weapon.
  490  812.133(2)(a)                1st,PBL   Carjacking; firearm or other deadly weapon.
  491  812.135(2)(b)                  1st     Home-invasion robbery with weapon.
  492  817.535(3)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
  493  817.535(4)(a)2.                1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
  494  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.
  495  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.
  496  827.03(2)(a)                   1st     Aggravated child abuse.     
  497  847.0145(1)                    1st     Selling, or otherwise transferring custody or control, of a minor.
  498  847.0145(2)                    1st     Purchasing, or otherwise obtaining custody or control, of a minor.
  499  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.
  500  893.135                        1st     Attempted capital trafficking offense.
  501  893.135(1)(a)3.                1st     Trafficking in cannabis, more than 10,000 lbs.
  502  893.135 (1)(b)1.c.             1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  503  893.135 (1)(c)1.c.             1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  504  893.135 (1)(c)2.d.             1st     Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
  505  893.135 (1)(c)3.d.             1st     Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
  506  893.135 (1)(d)1.c.             1st     Trafficking in phencyclidine, more than 400 grams.
  507  893.135 (1)(e)1.c.             1st     Trafficking in methaqualone, more than 25 kilograms.
  508  893.135 (1)(f)1.c.             1st     Trafficking in amphetamine, more than 200 grams.
  509  893.135 (1)(h)1.c.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  510  893.135 (1)(j)1.c.             1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
  511  893.135 (1)(k)2.c.             1st     Trafficking in Phenethylamines, 400 grams or more.
  512  893.135(1)(m)4.               1st     Trafficking in synthetic drugs, 30 kilograms or more.
  513  896.101(5)(c)                  1st     Money laundering, financial instruments totaling or exceeding $100,000.
  514  896.104(4)(a)3.                1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  515         Section 4. For the purpose of incorporating the amendment
  516  made by this act to section 893.13, Florida Statutes, in a
  517  reference thereto, paragraph (s) of subsection (8) of section
  518  112.0455, Florida Statutes, is reenacted to read:
  519         112.0455 Drug-Free Workplace Act.—
  520         (8) PROCEDURES AND EMPLOYEE PROTECTION.—All specimen
  521  collection and testing for drugs under this section shall be
  522  performed in accordance with the following procedures:
  523         (s) An employer may not discharge, discipline, or
  524  discriminate against an employee solely upon voluntarily seeking
  525  treatment, while under the employ of the employer, for a drug
  526  related problem if the employee has not previously tested
  527  positive for drug use, entered an employee assistance program
  528  for drug-related problems, or entered an alcohol and drug
  529  rehabilitation program. However, special risk employees may be
  530  subject to discharge or disciplinary action when the presence of
  531  illicit drugs, pursuant to s. 893.13, is confirmed.
  532         Section 5. For the purpose of incorporating the amendment
  533  made by this act to section 893.13, Florida Statutes, in a
  534  reference thereto, paragraph (b) of subsection (4) of section
  535  397.451, Florida Statutes, is reenacted to read:
  536         397.451 Background checks of service provider personnel.—
  537         (4) EXEMPTIONS FROM DISQUALIFICATION.—
  538         (b) Since rehabilitated substance abuse impaired persons
  539  are effective in the successful treatment and rehabilitation of
  540  individuals with substance use disorders, for service providers
  541  which treat adolescents 13 years of age and older, service
  542  provider personnel whose background checks indicate crimes under
  543  s. 817.563, s. 893.13, or s. 893.147 may be exempted from
  544  disqualification from employment pursuant to this paragraph.
  545         Section 6. For the purpose of incorporating the amendment
  546  made by this act to section 893.13, Florida Statutes, in a
  547  reference thereto, subsection (2) of section 435.07, Florida
  548  Statutes, is reenacted to read:
  549         435.07 Exemptions from disqualification.—Unless otherwise
  550  provided by law, the provisions of this section apply to
  551  exemptions from disqualification for disqualifying offenses
  552  revealed pursuant to background screenings required under this
  553  chapter, regardless of whether those disqualifying offenses are
  554  listed in this chapter or other laws.
  555         (2) Persons employed, or applicants for employment, by
  556  treatment providers who treat adolescents 13 years of age and
  557  older who are disqualified from employment solely because of
  558  crimes under s. 817.563, s. 893.13, or s. 893.147 may be
  559  exempted from disqualification from employment pursuant to this
  560  chapter without application of the waiting period in
  561  subparagraph (1)(a)1.
  562         Section 7. For the purpose of incorporating the amendment
  563  made by this act to section 893.13, Florida Statutes, in a
  564  reference thereto, paragraph (a) of subsection (1) of section
  565  775.084, Florida Statutes, is reenacted to read:
  566         775.084 Violent career criminals; habitual felony offenders
  567  and habitual violent felony offenders; three-time violent felony
  568  offenders; definitions; procedure; enhanced penalties or
  569  mandatory minimum prison terms.—
  570         (1) As used in this act:
  571         (a) “Habitual felony offender” means a defendant for whom
  572  the court may impose an extended term of imprisonment, as
  573  provided in paragraph (4)(a), if it finds that:
  574         1. The defendant has previously been convicted of any
  575  combination of two or more felonies in this state or other
  576  qualified offenses.
  577         2. The felony for which the defendant is to be sentenced
  578  was committed:
  579         a. While the defendant was serving a prison sentence or
  580  other sentence, or court-ordered or lawfully imposed supervision
  581  that is imposed as a result of a prior conviction for a felony
  582  or other qualified offense; or
  583         b. Within 5 years of the date of the conviction of the
  584  defendant’s last prior felony or other qualified offense, or
  585  within 5 years of the defendant’s release from a prison
  586  sentence, probation, community control, control release,
  587  conditional release, parole or court-ordered or lawfully imposed
  588  supervision or other sentence that is imposed as a result of a
  589  prior conviction for a felony or other qualified offense,
  590  whichever is later.
  591         3. The felony for which the defendant is to be sentenced,
  592  and one of the two prior felony convictions, is not a violation
  593  of s. 893.13 relating to the purchase or the possession of a
  594  controlled substance.
  595         4. The defendant has not received a pardon for any felony
  596  or other qualified offense that is necessary for the operation
  597  of this paragraph.
  598         5. A conviction of a felony or other qualified offense
  599  necessary to the operation of this paragraph has not been set
  600  aside in any postconviction proceeding.
  601         Section 8. For the purpose of incorporating the amendment
  602  made by this act to section 893.13, Florida Statutes, in a
  603  reference thereto, subsection (1) of section 831.311, Florida
  604  Statutes, is reenacted to read:
  605         831.311 Unlawful sale, manufacture, alteration, delivery,
  606  uttering, or possession of counterfeit-resistant prescription
  607  blanks for controlled substances.—
  608         (1) It is unlawful for any person having the intent to
  609  injure or defraud any person or to facilitate any violation of
  610  s. 893.13 to sell, manufacture, alter, deliver, utter, or
  611  possess with intent to injure or defraud any person, or to
  612  facilitate any violation of s. 893.13, any counterfeit-resistant
  613  prescription blanks for controlled substances, the form and
  614  content of which are adopted by rule of the Department of Health
  615  pursuant to s. 893.065.
  616         Section 9. For the purpose of incorporating the amendment
  617  made by this act to section 893.13, Florida Statutes, in a
  618  reference thereto, subsection (3) of section 893.138, Florida
  619  Statutes, is reenacted to read:
  620         893.138 Local administrative action to abate drug-related,
  621  prostitution-related, or stolen-property-related public
  622  nuisances and criminal gang activity.—
  623         (3) Any pain-management clinic, as described in s. 458.3265
  624  or s. 459.0137, which has been used on more than two occasions
  625  within a 6-month period as the site of a violation of:
  626         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
  627  relating to assault and battery;
  628         (b) Section 810.02, relating to burglary;
  629         (c) Section 812.014, relating to theft;
  630         (d) Section 812.131, relating to robbery by sudden
  631  snatching; or
  632         (e) Section 893.13, relating to the unlawful distribution
  633  of controlled substances,
  634  
  635  may be declared to be a public nuisance, and such nuisance may
  636  be abated pursuant to the procedures provided in this section.
  637         Section 10. For the purpose of incorporating the amendment
  638  made by this act to section 893.13, Florida Statutes, in a
  639  reference thereto, paragraph (l) of subsection (1) of section
  640  921.187, Florida Statutes, is reenacted to read:
  641         921.187 Disposition and sentencing; alternatives;
  642  restitution.—
  643         (1) The alternatives provided in this section for the
  644  disposition of criminal cases shall be used in a manner that
  645  will best serve the needs of society, punish criminal offenders,
  646  and provide the opportunity for rehabilitation. If the offender
  647  does not receive a state prison sentence, the court may:
  648         (l)1. Require the offender who violates any criminal
  649  provision of chapter 893 to pay an additional assessment in an
  650  amount up to the amount of any fine imposed, pursuant to ss.
  651  938.21 and 938.23.
  652         2. Require the offender who violates any provision of s.
  653  893.13 to pay an additional assessment in an amount of $100,
  654  pursuant to ss. 938.055 and 943.361.
  655         Section 11. For the purpose of incorporating the amendment
  656  made by this act to section 893.135, Florida Statutes, in a
  657  reference thereto, paragraph (c) of subsection (3) of section
  658  373.6055, Florida Statutes, is reenacted to read:
  659         373.6055 Criminal history checks for certain water
  660  management district employees and others.—
  661         (3)
  662         (c) In addition to other requirements for employment or
  663  access established by any water management district pursuant to
  664  its water management district’s security plan for buildings,
  665  facilities, and structures, each water management district’s
  666  security plan shall provide that:
  667         1. Any person who has within the past 7 years been
  668  convicted, regardless of whether adjudication was withheld, for
  669  a forcible felony as defined in s. 776.08; an act of terrorism
  670  as defined in s. 775.30; planting of a hoax bomb as provided in
  671  s. 790.165; any violation involving the manufacture, possession,
  672  sale, delivery, display, use, or attempted or threatened use of
  673  a weapon of mass destruction or hoax weapon of mass destruction
  674  as provided in s. 790.166; dealing in stolen property; any
  675  violation of s. 893.135; any violation involving the sale,
  676  manufacturing, delivery, or possession with intent to sell,
  677  manufacture, or deliver a controlled substance; burglary;
  678  robbery; any felony violation of s. 812.014; any violation of s.
  679  790.07; any crime an element of which includes use or possession
  680  of a firearm; any conviction for any similar offenses under the
  681  laws of another jurisdiction; or conviction for conspiracy to
  682  commit any of the listed offenses may not be qualified for
  683  initial employment within or authorized regular access to
  684  buildings, facilities, or structures defined in the water
  685  management district’s security plan as restricted access areas.
  686         2. Any person who has at any time been convicted of any of
  687  the offenses listed in subparagraph 1. may not be qualified for
  688  initial employment within or authorized regular access to
  689  buildings, facilities, or structures defined in the water
  690  management district’s security plan as restricted access areas
  691  unless, after release from incarceration and any supervision
  692  imposed as a sentence, the person remained free from a
  693  subsequent conviction, regardless of whether adjudication was
  694  withheld, for any of the listed offenses for a period of at
  695  least 7 years prior to the employment or access date under
  696  consideration.
  697         Section 12. For the purpose of incorporating the amendment
  698  made by this act to section 893.135, Florida Statutes, in a
  699  reference thereto, subsection (6) of section 397.451, Florida
  700  Statutes, is reenacted to read:
  701         397.451 Background checks of service provider personnel.—
  702         (6) DISQUALIFICATION FROM RECEIVING STATE FUNDS.—State
  703  funds may not be disseminated to any service provider owned or
  704  operated by an owner, director, or chief financial officer who
  705  has been convicted of, has entered a plea of guilty or nolo
  706  contendere to, or has had adjudication withheld for, a violation
  707  of s. 893.135 pertaining to trafficking in controlled
  708  substances, or a violation of the law of another state, the
  709  District of Columbia, the United States or any possession or
  710  territory thereof, or any foreign jurisdiction which is
  711  substantially similar in elements and penalties to a trafficking
  712  offense in this state, unless the owner’s or director’s civil
  713  rights have been restored.
  714         Section 13. For the purpose of incorporating the amendment
  715  made by this act to section 893.135, Florida Statutes, in a
  716  reference thereto, subsection (1) of section 414.095, Florida
  717  Statutes, is reenacted to read:
  718         414.095 Determining eligibility for temporary cash
  719  assistance.—
  720         (1) ELIGIBILITY.—An applicant must meet eligibility
  721  requirements of this section before receiving services or
  722  temporary cash assistance under this chapter, except that an
  723  applicant shall be required to register for work and engage in
  724  work activities in accordance with s. 445.024, as designated by
  725  the local workforce development board, and may receive support
  726  services or child care assistance in conjunction with such
  727  requirement. The department shall make a determination of
  728  eligibility based on the criteria listed in this chapter. The
  729  department shall monitor continued eligibility for temporary
  730  cash assistance through periodic reviews consistent with the
  731  food assistance eligibility process. Benefits may not be denied
  732  to an individual solely based on a felony drug conviction,
  733  unless the conviction is for trafficking pursuant to s. 893.135.
  734  To be eligible under this section, an individual convicted of a
  735  drug felony must be satisfactorily meeting the requirements of
  736  the temporary cash assistance program, including all substance
  737  abuse treatment requirements. Within the limits specified in
  738  this chapter, the state opts out of the provision of Pub. L. No.
  739  104-193, s. 115, that eliminates eligibility for temporary cash
  740  assistance and food assistance for any individual convicted of a
  741  controlled substance felony.
  742         Section 14. For the purpose of incorporating the amendment
  743  made by this act to section 893.135, Florida Statutes, in a
  744  reference thereto, paragraph (a) of subsection (2) and paragraph
  745  (a) of subsection (3) of section 775.087, Florida Statutes, are
  746  reenacted to read:
  747         775.087 Possession or use of weapon; aggravated battery;
  748  felony reclassification; minimum sentence.—
  749         (2)(a)1. Any person who is convicted of a felony or an
  750  attempt to commit a felony, regardless of whether the use of a
  751  weapon is an element of the felony, and the conviction was for:
  752         a. Murder;
  753         b. Sexual battery;
  754         c. Robbery;
  755         d. Burglary;
  756         e. Arson;
  757         f. Aggravated battery;
  758         g. Kidnapping;
  759         h. Escape;
  760         i. Aircraft piracy;
  761         j. Aggravated child abuse;
  762         k. Aggravated abuse of an elderly person or disabled adult;
  763         l. Unlawful throwing, placing, or discharging of a
  764  destructive device or bomb;
  765         m. Carjacking;
  766         n. Home-invasion robbery;
  767         o. Aggravated stalking;
  768         p. Trafficking in cannabis, trafficking in cocaine, capital
  769  importation of cocaine, trafficking in illegal drugs, capital
  770  importation of illegal drugs, trafficking in phencyclidine,
  771  capital importation of phencyclidine, trafficking in
  772  methaqualone, capital importation of methaqualone, trafficking
  773  in amphetamine, capital importation of amphetamine, trafficking
  774  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  775  (GHB), trafficking in 1,4-Butanediol, trafficking in
  776  Phenethylamines, or other violation of s. 893.135(1); or
  777         q. Possession of a firearm by a felon
  778  
  779  and during the commission of the offense, such person actually
  780  possessed a “firearm” or “destructive device” as those terms are
  781  defined in s. 790.001, shall be sentenced to a minimum term of
  782  imprisonment of 10 years, except that a person who is convicted
  783  for possession of a firearm by a felon or burglary of a
  784  conveyance shall be sentenced to a minimum term of imprisonment
  785  of 3 years if such person possessed a “firearm” or “destructive
  786  device” during the commission of the offense. However, if an
  787  offender who is convicted of the offense of possession of a
  788  firearm by a felon has a previous conviction of committing or
  789  attempting to commit a felony listed in s. 775.084(1)(b)1. and
  790  actually possessed a firearm or destructive device during the
  791  commission of the prior felony, the offender shall be sentenced
  792  to a minimum term of imprisonment of 10 years.
  793         2. Any person who is convicted of a felony or an attempt to
  794  commit a felony listed in sub-subparagraphs (a)1.a.-p.,
  795  regardless of whether the use of a weapon is an element of the
  796  felony, and during the course of the commission of the felony
  797  such person discharged a “firearm” or “destructive device” as
  798  defined in s. 790.001 shall be sentenced to a minimum term of
  799  imprisonment of 20 years.
  800         3. Any person who is convicted of a felony or an attempt to
  801  commit a felony listed in sub-subparagraphs (a)1.a.-p.,
  802  regardless of whether the use of a weapon is an element of the
  803  felony, and during the course of the commission of the felony
  804  such person discharged a “firearm” or “destructive device” as
  805  defined in s. 790.001 and, as the result of the discharge, death
  806  or great bodily harm was inflicted upon any person, the
  807  convicted person shall be sentenced to a minimum term of
  808  imprisonment of not less than 25 years and not more than a term
  809  of imprisonment of life in prison.
  810         (3)(a)1. Any person who is convicted of a felony or an
  811  attempt to commit a felony, regardless of whether the use of a
  812  firearm is an element of the felony, and the conviction was for:
  813         a. Murder;
  814         b. Sexual battery;
  815         c. Robbery;
  816         d. Burglary;
  817         e. Arson;
  818         f. Aggravated battery;
  819         g. Kidnapping;
  820         h. Escape;
  821         i. Sale, manufacture, delivery, or intent to sell,
  822  manufacture, or deliver any controlled substance;
  823         j. Aircraft piracy;
  824         k. Aggravated child abuse;
  825         l. Aggravated abuse of an elderly person or disabled adult;
  826         m. Unlawful throwing, placing, or discharging of a
  827  destructive device or bomb;
  828         n. Carjacking;
  829         o. Home-invasion robbery;
  830         p. Aggravated stalking; or
  831         q. Trafficking in cannabis, trafficking in cocaine, capital
  832  importation of cocaine, trafficking in illegal drugs, capital
  833  importation of illegal drugs, trafficking in phencyclidine,
  834  capital importation of phencyclidine, trafficking in
  835  methaqualone, capital importation of methaqualone, trafficking
  836  in amphetamine, capital importation of amphetamine, trafficking
  837  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  838  (GHB), trafficking in 1,4-Butanediol, trafficking in
  839  Phenethylamines, or other violation of s. 893.135(1);
  840  
  841  and during the commission of the offense, such person possessed
  842  a semiautomatic firearm and its high-capacity detachable box
  843  magazine or a machine gun as defined in s. 790.001, shall be
  844  sentenced to a minimum term of imprisonment of 15 years.
  845         2. Any person who is convicted of a felony or an attempt to
  846  commit a felony listed in subparagraph (a)1., regardless of
  847  whether the use of a weapon is an element of the felony, and
  848  during the course of the commission of the felony such person
  849  discharged a semiautomatic firearm and its high-capacity box
  850  magazine or a “machine gun” as defined in s. 790.001 shall be
  851  sentenced to a minimum term of imprisonment of 20 years.
  852         3. Any person who is convicted of a felony or an attempt to
  853  commit a felony listed in subparagraph (a)1., regardless of
  854  whether the use of a weapon is an element of the felony, and
  855  during the course of the commission of the felony such person
  856  discharged a semiautomatic firearm and its high-capacity box
  857  magazine or a “machine gun” as defined in s. 790.001 and, as the
  858  result of the discharge, death or great bodily harm was
  859  inflicted upon any person, the convicted person shall be
  860  sentenced to a minimum term of imprisonment of not less than 25
  861  years and not more than a term of imprisonment of life in
  862  prison.
  863         Section 15. For the purpose of incorporating the amendment
  864  made by this act to section 893.135, Florida Statutes, in a
  865  reference thereto, paragraph (a) of subsection (1), subsection
  866  (3), and subsection (4) of section 782.04, Florida Statutes, are
  867  reenacted to read:
  868         782.04 Murder.—
  869         (1)(a) The unlawful killing of a human being:
  870         1. When perpetrated from a premeditated design to effect
  871  the death of the person killed or any human being;
  872         2. When committed by a person engaged in the perpetration
  873  of, or in the attempt to perpetrate, any:
  874         a. Trafficking offense prohibited by s. 893.135(1),
  875         b. Arson,
  876         c. Sexual battery,
  877         d. Robbery,
  878         e. Burglary,
  879         f. Kidnapping,
  880         g. Escape,
  881         h. Aggravated child abuse,
  882         i. Aggravated abuse of an elderly person or disabled adult,
  883         j. Aircraft piracy,
  884         k. Unlawful throwing, placing, or discharging of a
  885  destructive device or bomb,
  886         l. Carjacking,
  887         m. Home-invasion robbery,
  888         n. Aggravated stalking,
  889         o. Murder of another human being,
  890         p. Resisting an officer with violence to his or her person,
  891         q. Aggravated fleeing or eluding with serious bodily injury
  892  or death,
  893         r. Felony that is an act of terrorism or is in furtherance
  894  of an act of terrorism,
  895         s. Human trafficking; or
  896         3. Which resulted from the unlawful distribution of any
  897  substance controlled under s. 893.03(1), cocaine as described in
  898  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  899  compound, derivative, or preparation of opium, or methadone by a
  900  person 18 years of age or older, when such drug is proven to be
  901  the proximate cause of the death of the user,
  902  
  903  is murder in the first degree and constitutes a capital felony,
  904  punishable as provided in s. 775.082.
  905         (3) When a human being is killed during the perpetration
  906  of, or during the attempt to perpetrate, any:
  907         (a) Trafficking offense prohibited by s. 893.135(1),
  908         (b) Arson,
  909         (c) Sexual battery,
  910         (d) Robbery,
  911         (e) Burglary,
  912         (f) Kidnapping,
  913         (g) Escape,
  914         (h) Aggravated child abuse,
  915         (i) Aggravated abuse of an elderly person or disabled
  916  adult,
  917         (j) Aircraft piracy,
  918         (k) Unlawful throwing, placing, or discharging of a
  919  destructive device or bomb,
  920         (l) Carjacking,
  921         (m) Home-invasion robbery,
  922         (n) Aggravated stalking,
  923         (o) Murder of another human being,
  924         (p) Aggravated fleeing or eluding with serious bodily
  925  injury or death,
  926         (q) Resisting an officer with violence to his or her
  927  person, or
  928         (r) Felony that is an act of terrorism or is in furtherance
  929  of an act of terrorism,
  930  
  931  by a person other than the person engaged in the perpetration of
  932  or in the attempt to perpetrate such felony, the person
  933  perpetrating or attempting to perpetrate such felony commits
  934  murder in the second degree, which constitutes a felony of the
  935  first degree, punishable by imprisonment for a term of years not
  936  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  937  775.084.
  938         (4) The unlawful killing of a human being, when perpetrated
  939  without any design to effect death, by a person engaged in the
  940  perpetration of, or in the attempt to perpetrate, any felony
  941  other than any:
  942         (a) Trafficking offense prohibited by s. 893.135(1),
  943         (b) Arson,
  944         (c) Sexual battery,
  945         (d) Robbery,
  946         (e) Burglary,
  947         (f) Kidnapping,
  948         (g) Escape,
  949         (h) Aggravated child abuse,
  950         (i) Aggravated abuse of an elderly person or disabled
  951  adult,
  952         (j) Aircraft piracy,
  953         (k) Unlawful throwing, placing, or discharging of a
  954  destructive device or bomb,
  955         (l) Unlawful distribution of any substance controlled under
  956  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  957  opium or any synthetic or natural salt, compound, derivative, or
  958  preparation of opium by a person 18 years of age or older, when
  959  such drug is proven to be the proximate cause of the death of
  960  the user,
  961         (m) Carjacking,
  962         (n) Home-invasion robbery,
  963         (o) Aggravated stalking,
  964         (p) Murder of another human being,
  965         (q) Aggravated fleeing or eluding with serious bodily
  966  injury or death,
  967         (r) Resisting an officer with violence to his or her
  968  person, or
  969         (s) Felony that is an act of terrorism or is in furtherance
  970  of an act of terrorism,
  971  
  972  is murder in the third degree and constitutes a felony of the
  973  second degree, punishable as provided in s. 775.082, s. 775.083,
  974  or s. 775.084.
  975         Section 16. For the purpose of incorporating the amendment
  976  made by this act to section 893.135, Florida Statutes, in a
  977  reference thereto, paragraph (c) of subsection (3) of section
  978  893.03, Florida Statutes, is reenacted to read:
  979         893.03 Standards and schedules.—The substances enumerated
  980  in this section are controlled by this chapter. The controlled
  981  substances listed or to be listed in Schedules I, II, III, IV,
  982  and V are included by whatever official, common, usual,
  983  chemical, trade name, or class designated. The provisions of
  984  this section shall not be construed to include within any of the
  985  schedules contained in this section any excluded drugs listed
  986  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
  987  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
  988  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
  989  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
  990  Anabolic Steroid Products.”
  991         (3) SCHEDULE III.—A substance in Schedule III has a
  992  potential for abuse less than the substances contained in
  993  Schedules I and II and has a currently accepted medical use in
  994  treatment in the United States, and abuse of the substance may
  995  lead to moderate or low physical dependence or high
  996  psychological dependence or, in the case of anabolic steroids,
  997  may lead to physical damage. The following substances are
  998  controlled in Schedule III:
  999         (c) Unless specifically excepted or unless listed in
 1000  another schedule, any material, compound, mixture, or
 1001  preparation containing limited quantities of any of the
 1002  following controlled substances or any salts thereof:
 1003         1. Not more than 1.8 grams of codeine per 100 milliliters
 1004  or not more than 90 milligrams per dosage unit, with an equal or
 1005  greater quantity of an isoquinoline alkaloid of opium.
 1006         2. Not more than 1.8 grams of codeine per 100 milliliters
 1007  or not more than 90 milligrams per dosage unit, with recognized
 1008  therapeutic amounts of one or more active ingredients which are
 1009  not controlled substances.
 1010         3. Not more than 300 milligrams of hydrocodone per 100
 1011  milliliters or not more than 15 milligrams per dosage unit, with
 1012  a fourfold or greater quantity of an isoquinoline alkaloid of
 1013  opium.
 1014         4. Not more than 300 milligrams of hydrocodone per 100
 1015  milliliters or not more than 15 milligrams per dosage unit, with
 1016  recognized therapeutic amounts of one or more active ingredients
 1017  that are not controlled substances.
 1018         5. Not more than 1.8 grams of dihydrocodeine per 100
 1019  milliliters or not more than 90 milligrams per dosage unit, with
 1020  recognized therapeutic amounts of one or more active ingredients
 1021  which are not controlled substances.
 1022         6. Not more than 300 milligrams of ethylmorphine per 100
 1023  milliliters or not more than 15 milligrams per dosage unit, with
 1024  one or more active, nonnarcotic ingredients in recognized
 1025  therapeutic amounts.
 1026         7. Not more than 50 milligrams of morphine per 100
 1027  milliliters or per 100 grams, with recognized therapeutic
 1028  amounts of one or more active ingredients which are not
 1029  controlled substances.
 1030  
 1031  For purposes of charging a person with a violation of s. 893.135
 1032  involving any controlled substance described in subparagraph 3.
 1033  or subparagraph 4., the controlled substance is a Schedule III
 1034  controlled substance pursuant to this paragraph but the weight
 1035  of the controlled substance per milliliters or per dosage unit
 1036  is not relevant to the charging of a violation of s. 893.135.
 1037  The weight of the controlled substance shall be determined
 1038  pursuant to s. 893.135(6).
 1039         Section 17. For the purpose of incorporating the amendment
 1040  made by this act to section 893.135, Florida Statutes, in a
 1041  reference thereto, paragraph (c) of subsection (4) of section
 1042  907.041, Florida Statutes, is reenacted to read:
 1043         907.041 Pretrial detention and release.—
 1044         (4) PRETRIAL DETENTION.—
 1045         (c) The court may order pretrial detention if it finds a
 1046  substantial probability, based on a defendant’s past and present
 1047  patterns of behavior, the criteria in s. 903.046, and any other
 1048  relevant facts, that any of the following circumstances exist:
 1049         1. The defendant has previously violated conditions of
 1050  release and that no further conditions of release are reasonably
 1051  likely to assure the defendant’s appearance at subsequent
 1052  proceedings;
 1053         2. The defendant, with the intent to obstruct the judicial
 1054  process, has threatened, intimidated, or injured any victim,
 1055  potential witness, juror, or judicial officer, or has attempted
 1056  or conspired to do so, and that no condition of release will
 1057  reasonably prevent the obstruction of the judicial process;
 1058         3. The defendant is charged with trafficking in controlled
 1059  substances as defined by s. 893.135, that there is a substantial
 1060  probability that the defendant has committed the offense, and
 1061  that no conditions of release will reasonably assure the
 1062  defendant’s appearance at subsequent criminal proceedings;
 1063         4. The defendant is charged with DUI manslaughter, as
 1064  defined by s. 316.193, and that there is a substantial
 1065  probability that the defendant committed the crime and that the
 1066  defendant poses a threat of harm to the community; conditions
 1067  that would support a finding by the court pursuant to this
 1068  subparagraph that the defendant poses a threat of harm to the
 1069  community include, but are not limited to, any of the following:
 1070         a. The defendant has previously been convicted of any crime
 1071  under s. 316.193, or of any crime in any other state or
 1072  territory of the United States that is substantially similar to
 1073  any crime under s. 316.193;
 1074         b. The defendant was driving with a suspended driver
 1075  license when the charged crime was committed; or
 1076         c. The defendant has previously been found guilty of, or
 1077  has had adjudication of guilt withheld for, driving while the
 1078  defendant’s driver license was suspended or revoked in violation
 1079  of s. 322.34;
 1080         5. The defendant poses the threat of harm to the community.
 1081  The court may so conclude, if it finds that the defendant is
 1082  presently charged with a dangerous crime, that there is a
 1083  substantial probability that the defendant committed such crime,
 1084  that the factual circumstances of the crime indicate a disregard
 1085  for the safety of the community, and that there are no
 1086  conditions of release reasonably sufficient to protect the
 1087  community from the risk of physical harm to persons;
 1088         6. The defendant was on probation, parole, or other release
 1089  pending completion of sentence or on pretrial release for a
 1090  dangerous crime at the time the current offense was committed;
 1091         7. The defendant has violated one or more conditions of
 1092  pretrial release or bond for the offense currently before the
 1093  court and the violation, in the discretion of the court,
 1094  supports a finding that no conditions of release can reasonably
 1095  protect the community from risk of physical harm to persons or
 1096  assure the presence of the accused at trial; or
 1097         8.a. The defendant has ever been sentenced pursuant to s.
 1098  775.082(9) or s. 775.084 as a prison releasee reoffender,
 1099  habitual violent felony offender, three-time violent felony
 1100  offender, or violent career criminal, or the state attorney
 1101  files a notice seeking that the defendant be sentenced pursuant
 1102  to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
 1103  habitual violent felony offender, three-time violent felony
 1104  offender, or violent career criminal;
 1105         b. There is a substantial probability that the defendant
 1106  committed the offense; and
 1107         c. There are no conditions of release that can reasonably
 1108  protect the community from risk of physical harm or ensure the
 1109  presence of the accused at trial.
 1110         Section 18. For the purpose of incorporating the amendment
 1111  made by this act to section 893.135, Florida Statutes, in a
 1112  reference thereto, paragraph (b) of subsection (1) of section
 1113  921.0024, Florida Statutes, is reenacted to read:
 1114         921.0024 Criminal Punishment Code; worksheet computations;
 1115  scoresheets.—
 1116         (1)
 1117         (b) WORKSHEET KEY:
 1118  
 1119  Legal status points are assessed when any form of legal status
 1120  existed at the time the offender committed an offense before the
 1121  court for sentencing. Four (4) sentence points are assessed for
 1122  an offender’s legal status.
 1123  
 1124  Community sanction violation points are assessed when a
 1125  community sanction violation is before the court for sentencing.
 1126  Six (6) sentence points are assessed for each community sanction
 1127  violation and each successive community sanction violation,
 1128  unless any of the following apply:
 1129         1. If the community sanction violation includes a new
 1130  felony conviction before the sentencing court, twelve (12)
 1131  community sanction violation points are assessed for the
 1132  violation, and for each successive community sanction violation
 1133  involving a new felony conviction.
 1134         2. If the community sanction violation is committed by a
 1135  violent felony offender of special concern as defined in s.
 1136  948.06:
 1137         a. Twelve (12) community sanction violation points are
 1138  assessed for the violation and for each successive violation of
 1139  felony probation or community control where:
 1140         I. The violation does not include a new felony conviction;
 1141  and
 1142         II. The community sanction violation is not based solely on
 1143  the probationer or offender’s failure to pay costs or fines or
 1144  make restitution payments.
 1145         b. Twenty-four (24) community sanction violation points are
 1146  assessed for the violation and for each successive violation of
 1147  felony probation or community control where the violation
 1148  includes a new felony conviction.
 1149  
 1150  Multiple counts of community sanction violations before the
 1151  sentencing court shall not be a basis for multiplying the
 1152  assessment of community sanction violation points.
 1153  
 1154  Prior serious felony points: If the offender has a primary
 1155  offense or any additional offense ranked in level 8, level 9, or
 1156  level 10, and one or more prior serious felonies, a single
 1157  assessment of thirty (30) points shall be added. For purposes of
 1158  this section, a prior serious felony is an offense in the
 1159  offender’s prior record that is ranked in level 8, level 9, or
 1160  level 10 under s. 921.0022 or s. 921.0023 and for which the
 1161  offender is serving a sentence of confinement, supervision, or
 1162  other sanction or for which the offender’s date of release from
 1163  confinement, supervision, or other sanction, whichever is later,
 1164  is within 3 years before the date the primary offense or any
 1165  additional offense was committed.
 1166  
 1167  Prior capital felony points: If the offender has one or more
 1168  prior capital felonies in the offender’s criminal record, points
 1169  shall be added to the subtotal sentence points of the offender
 1170  equal to twice the number of points the offender receives for
 1171  the primary offense and any additional offense. A prior capital
 1172  felony in the offender’s criminal record is a previous capital
 1173  felony offense for which the offender has entered a plea of nolo
 1174  contendere or guilty or has been found guilty; or a felony in
 1175  another jurisdiction which is a capital felony in that
 1176  jurisdiction, or would be a capital felony if the offense were
 1177  committed in this state.
 1178  
 1179  Possession of a firearm, semiautomatic firearm, or machine gun:
 1180  If the offender is convicted of committing or attempting to
 1181  commit any felony other than those enumerated in s. 775.087(2)
 1182  while having in his or her possession: a firearm as defined in
 1183  s. 790.001(6), an additional eighteen (18) sentence points are
 1184  assessed; or if the offender is convicted of committing or
 1185  attempting to commit any felony other than those enumerated in
 1186  s. 775.087(3) while having in his or her possession a
 1187  semiautomatic firearm as defined in s. 775.087(3) or a machine
 1188  gun as defined in s. 790.001(9), an additional twenty-five (25)
 1189  sentence points are assessed.
 1190  
 1191  Sentencing multipliers:
 1192  
 1193  Drug trafficking: If the primary offense is drug trafficking
 1194  under s. 893.135, the subtotal sentence points are multiplied,
 1195  at the discretion of the court, for a level 7 or level 8
 1196  offense, by 1.5. The state attorney may move the sentencing
 1197  court to reduce or suspend the sentence of a person convicted of
 1198  a level 7 or level 8 offense, if the offender provides
 1199  substantial assistance as described in s. 893.135(4).
 1200  
 1201  Law enforcement protection: If the primary offense is a
 1202  violation of the Law Enforcement Protection Act under s.
 1203  775.0823(2), (3), or (4), the subtotal sentence points are
 1204  multiplied by 2.5. If the primary offense is a violation of s.
 1205  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
 1206  are multiplied by 2.0. If the primary offense is a violation of
 1207  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
 1208  Protection Act under s. 775.0823(10) or (11), the subtotal
 1209  sentence points are multiplied by 1.5.
 1210  
 1211  Grand theft of a motor vehicle: If the primary offense is grand
 1212  theft of the third degree involving a motor vehicle and in the
 1213  offender’s prior record, there are three or more grand thefts of
 1214  the third degree involving a motor vehicle, the subtotal
 1215  sentence points are multiplied by 1.5.
 1216  
 1217  Offense related to a criminal gang: If the offender is convicted
 1218  of the primary offense and committed that offense for the
 1219  purpose of benefiting, promoting, or furthering the interests of
 1220  a criminal gang as defined in s. 874.03, the subtotal sentence
 1221  points are multiplied by 1.5. If applying the multiplier results
 1222  in the lowest permissible sentence exceeding the statutory
 1223  maximum sentence for the primary offense under chapter 775, the
 1224  court may not apply the multiplier and must sentence the
 1225  defendant to the statutory maximum sentence.
 1226  
 1227  Domestic violence in the presence of a child: If the offender is
 1228  convicted of the primary offense and the primary offense is a
 1229  crime of domestic violence, as defined in s. 741.28, which was
 1230  committed in the presence of a child under 16 years of age who
 1231  is a family or household member as defined in s. 741.28(3) with
 1232  the victim or perpetrator, the subtotal sentence points are
 1233  multiplied by 1.5.
 1234  
 1235  Adult-on-minor sex offense: If the offender was 18 years of age
 1236  or older and the victim was younger than 18 years of age at the
 1237  time the offender committed the primary offense, and if the
 1238  primary offense was an offense committed on or after October 1,
 1239  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
 1240  violation involved a victim who was a minor and, in the course
 1241  of committing that violation, the defendant committed a sexual
 1242  battery under chapter 794 or a lewd act under s. 800.04 or s.
 1243  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
 1244  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
 1245  800.04; or s. 847.0135(5), the subtotal sentence points are
 1246  multiplied by 2.0. If applying the multiplier results in the
 1247  lowest permissible sentence exceeding the statutory maximum
 1248  sentence for the primary offense under chapter 775, the court
 1249  may not apply the multiplier and must sentence the defendant to
 1250  the statutory maximum sentence.
 1251         Section 19. For the purpose of incorporating the amendment
 1252  made by this act to section 893.135, Florida Statutes, in a
 1253  reference thereto, section 943.0585, Florida Statutes, is
 1254  reenacted to read:
 1255         943.0585 Court-ordered expunction of criminal history
 1256  records.—The courts of this state have jurisdiction over their
 1257  own procedures, including the maintenance, expunction, and
 1258  correction of judicial records containing criminal history
 1259  information to the extent such procedures are not inconsistent
 1260  with the conditions, responsibilities, and duties established by
 1261  this section. Any court of competent jurisdiction may order a
 1262  criminal justice agency to expunge the criminal history record
 1263  of a minor or an adult who complies with the requirements of
 1264  this section. The court shall not order a criminal justice
 1265  agency to expunge a criminal history record until the person
 1266  seeking to expunge a criminal history record has applied for and
 1267  received a certificate of eligibility for expunction pursuant to
 1268  subsection (2) or subsection (5). A criminal history record that
 1269  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
 1270  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
 1271  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
 1272  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
 1273  s. 907.041, or any violation specified as a predicate offense
 1274  for registration as a sexual predator pursuant to s. 775.21,
 1275  without regard to whether that offense alone is sufficient to
 1276  require such registration, or for registration as a sexual
 1277  offender pursuant to s. 943.0435, may not be expunged, without
 1278  regard to whether adjudication was withheld, if the defendant
 1279  was found guilty of or pled guilty or nolo contendere to the
 1280  offense, or if the defendant, as a minor, was found to have
 1281  committed, or pled guilty or nolo contendere to committing, the
 1282  offense as a delinquent act. The court may only order expunction
 1283  of a criminal history record pertaining to one arrest or one
 1284  incident of alleged criminal activity, except as provided in
 1285  this section. The court may, at its sole discretion, order the
 1286  expunction of a criminal history record pertaining to more than
 1287  one arrest if the additional arrests directly relate to the
 1288  original arrest. If the court intends to order the expunction of
 1289  records pertaining to such additional arrests, such intent must
 1290  be specified in the order. A criminal justice agency may not
 1291  expunge any record pertaining to such additional arrests if the
 1292  order to expunge does not articulate the intention of the court
 1293  to expunge a record pertaining to more than one arrest. This
 1294  section does not prevent the court from ordering the expunction
 1295  of only a portion of a criminal history record pertaining to one
 1296  arrest or one incident of alleged criminal activity.
 1297  Notwithstanding any law to the contrary, a criminal justice
 1298  agency may comply with laws, court orders, and official requests
 1299  of other jurisdictions relating to expunction, correction, or
 1300  confidential handling of criminal history records or information
 1301  derived therefrom. This section does not confer any right to the
 1302  expunction of any criminal history record, and any request for
 1303  expunction of a criminal history record may be denied at the
 1304  sole discretion of the court.
 1305         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
 1306  petition to a court to expunge a criminal history record is
 1307  complete only when accompanied by:
 1308         (a) A valid certificate of eligibility for expunction
 1309  issued by the department pursuant to subsection (2).
 1310         (b) The petitioner’s sworn statement attesting that the
 1311  petitioner:
 1312         1. Has never, prior to the date on which the petition is
 1313  filed, been adjudicated guilty of a criminal offense or
 1314  comparable ordinance violation, or been adjudicated delinquent
 1315  for committing any felony or a misdemeanor specified in s.
 1316  943.051(3)(b).
 1317         2. Has not been adjudicated guilty of, or adjudicated
 1318  delinquent for committing, any of the acts stemming from the
 1319  arrest or alleged criminal activity to which the petition
 1320  pertains.
 1321         3. Has never secured a prior sealing or expunction of a
 1322  criminal history record under this section, s. 943.059, former
 1323  s. 893.14, former s. 901.33, or former s. 943.058, unless
 1324  expunction is sought of a criminal history record previously
 1325  sealed for 10 years pursuant to paragraph (2)(h) and the record
 1326  is otherwise eligible for expunction.
 1327         4. Is eligible for such an expunction to the best of his or
 1328  her knowledge or belief and does not have any other petition to
 1329  expunge or any petition to seal pending before any court.
 1330  
 1331  Any person who knowingly provides false information on such
 1332  sworn statement to the court commits a felony of the third
 1333  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1334  775.084.
 1335         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
 1336  petitioning the court to expunge a criminal history record, a
 1337  person seeking to expunge a criminal history record shall apply
 1338  to the department for a certificate of eligibility for
 1339  expunction. The department shall, by rule adopted pursuant to
 1340  chapter 120, establish procedures pertaining to the application
 1341  for and issuance of certificates of eligibility for expunction.
 1342  A certificate of eligibility for expunction is valid for 12
 1343  months after the date stamped on the certificate when issued by
 1344  the department. After that time, the petitioner must reapply to
 1345  the department for a new certificate of eligibility. Eligibility
 1346  for a renewed certification of eligibility must be based on the
 1347  status of the applicant and the law in effect at the time of the
 1348  renewal application. The department shall issue a certificate of
 1349  eligibility for expunction to a person who is the subject of a
 1350  criminal history record if that person:
 1351         (a) Has obtained, and submitted to the department, a
 1352  written, certified statement from the appropriate state attorney
 1353  or statewide prosecutor which indicates:
 1354         1. That an indictment, information, or other charging
 1355  document was not filed or issued in the case.
 1356         2. That an indictment, information, or other charging
 1357  document, if filed or issued in the case, was dismissed or nolle
 1358  prosequi by the state attorney or statewide prosecutor, or was
 1359  dismissed by a court of competent jurisdiction, and that none of
 1360  the charges related to the arrest or alleged criminal activity
 1361  to which the petition to expunge pertains resulted in a trial,
 1362  without regard to whether the outcome of the trial was other
 1363  than an adjudication of guilt.
 1364         3. That the criminal history record does not relate to a
 1365  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 1366  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
 1367  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
 1368  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
 1369  or any violation specified as a predicate offense for
 1370  registration as a sexual predator pursuant to s. 775.21, without
 1371  regard to whether that offense alone is sufficient to require
 1372  such registration, or for registration as a sexual offender
 1373  pursuant to s. 943.0435, where the defendant was found guilty
 1374  of, or pled guilty or nolo contendere to any such offense, or
 1375  that the defendant, as a minor, was found to have committed, or
 1376  pled guilty or nolo contendere to committing, such an offense as
 1377  a delinquent act, without regard to whether adjudication was
 1378  withheld.
 1379         (b) Remits a $75 processing fee to the department for
 1380  placement in the Department of Law Enforcement Operating Trust
 1381  Fund, unless such fee is waived by the executive director.
 1382         (c) Has submitted to the department a certified copy of the
 1383  disposition of the charge to which the petition to expunge
 1384  pertains.
 1385         (d) Has never, prior to the date on which the application
 1386  for a certificate of eligibility is filed, been adjudicated
 1387  guilty of a criminal offense or comparable ordinance violation,
 1388  or been adjudicated delinquent for committing any felony or a
 1389  misdemeanor specified in s. 943.051(3)(b).
 1390         (e) Has not been adjudicated guilty of, or adjudicated
 1391  delinquent for committing, any of the acts stemming from the
 1392  arrest or alleged criminal activity to which the petition to
 1393  expunge pertains.
 1394         (f) Has never secured a prior sealing or expunction of a
 1395  criminal history record under this section, s. 943.059, former
 1396  s. 893.14, former s. 901.33, or former s. 943.058, unless
 1397  expunction is sought of a criminal history record previously
 1398  sealed for 10 years pursuant to paragraph (h) and the record is
 1399  otherwise eligible for expunction.
 1400         (g) Is no longer under court supervision applicable to the
 1401  disposition of the arrest or alleged criminal activity to which
 1402  the petition to expunge pertains.
 1403         (h) Has previously obtained a court order sealing the
 1404  record under this section, former s. 893.14, former s. 901.33,
 1405  or former s. 943.058 for a minimum of 10 years because
 1406  adjudication was withheld or because all charges related to the
 1407  arrest or alleged criminal activity to which the petition to
 1408  expunge pertains were not dismissed prior to trial, without
 1409  regard to whether the outcome of the trial was other than an
 1410  adjudication of guilt. The requirement for the record to have
 1411  previously been sealed for a minimum of 10 years does not apply
 1412  when a plea was not entered or all charges related to the arrest
 1413  or alleged criminal activity to which the petition to expunge
 1414  pertains were dismissed prior to trial.
 1415         (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
 1416         (a) In judicial proceedings under this section, a copy of
 1417  the completed petition to expunge shall be served upon the
 1418  appropriate state attorney or the statewide prosecutor and upon
 1419  the arresting agency; however, it is not necessary to make any
 1420  agency other than the state a party. The appropriate state
 1421  attorney or the statewide prosecutor and the arresting agency
 1422  may respond to the court regarding the completed petition to
 1423  expunge.
 1424         (b) If relief is granted by the court, the clerk of the
 1425  court shall certify copies of the order to the appropriate state
 1426  attorney or the statewide prosecutor and the arresting agency.
 1427  The arresting agency is responsible for forwarding the order to
 1428  any other agency to which the arresting agency disseminated the
 1429  criminal history record information to which the order pertains.
 1430  The department shall forward the order to expunge to the Federal
 1431  Bureau of Investigation. The clerk of the court shall certify a
 1432  copy of the order to any other agency which the records of the
 1433  court reflect has received the criminal history record from the
 1434  court.
 1435         (c) For an order to expunge entered by a court prior to
 1436  July 1, 1992, the department shall notify the appropriate state
 1437  attorney or statewide prosecutor of an order to expunge which is
 1438  contrary to law because the person who is the subject of the
 1439  record has previously been convicted of a crime or comparable
 1440  ordinance violation or has had a prior criminal history record
 1441  sealed or expunged. Upon receipt of such notice, the appropriate
 1442  state attorney or statewide prosecutor shall take action, within
 1443  60 days, to correct the record and petition the court to void
 1444  the order to expunge. The department shall seal the record until
 1445  such time as the order is voided by the court.
 1446         (d) On or after July 1, 1992, the department or any other
 1447  criminal justice agency is not required to act on an order to
 1448  expunge entered by a court when such order does not comply with
 1449  the requirements of this section. Upon receipt of such an order,
 1450  the department must notify the issuing court, the appropriate
 1451  state attorney or statewide prosecutor, the petitioner or the
 1452  petitioner’s attorney, and the arresting agency of the reason
 1453  for noncompliance. The appropriate state attorney or statewide
 1454  prosecutor shall take action within 60 days to correct the
 1455  record and petition the court to void the order. No cause of
 1456  action, including contempt of court, shall arise against any
 1457  criminal justice agency for failure to comply with an order to
 1458  expunge when the petitioner for such order failed to obtain the
 1459  certificate of eligibility as required by this section or such
 1460  order does not otherwise comply with the requirements of this
 1461  section.
 1462         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
 1463  criminal history record of a minor or an adult which is ordered
 1464  expunged by a court of competent jurisdiction pursuant to this
 1465  section must be physically destroyed or obliterated by any
 1466  criminal justice agency having custody of such record; except
 1467  that any criminal history record in the custody of the
 1468  department must be retained in all cases. A criminal history
 1469  record ordered expunged that is retained by the department is
 1470  confidential and exempt from the provisions of s. 119.07(1) and
 1471  s. 24(a), Art. I of the State Constitution and not available to
 1472  any person or entity except upon order of a court of competent
 1473  jurisdiction. A criminal justice agency may retain a notation
 1474  indicating compliance with an order to expunge.
 1475         (a) The person who is the subject of a criminal history
 1476  record that is expunged under this section or under other
 1477  provisions of law, including former s. 893.14, former s. 901.33,
 1478  and former s. 943.058, may lawfully deny or fail to acknowledge
 1479  the arrests covered by the expunged record, except when the
 1480  subject of the record:
 1481         1. Is a candidate for employment with a criminal justice
 1482  agency;
 1483         2. Is a defendant in a criminal prosecution;
 1484         3. Concurrently or subsequently petitions for relief under
 1485  this section, s. 943.0583, or s. 943.059;
 1486         4. Is a candidate for admission to The Florida Bar;
 1487         5. Is seeking to be employed or licensed by or to contract
 1488  with the Department of Children and Families, the Division of
 1489  Vocational Rehabilitation within the Department of Education,
 1490  the Agency for Health Care Administration, the Agency for
 1491  Persons with Disabilities, the Department of Health, the
 1492  Department of Elderly Affairs, or the Department of Juvenile
 1493  Justice or to be employed or used by such contractor or licensee
 1494  in a sensitive position having direct contact with children, the
 1495  disabled, or the elderly;
 1496         6. Is seeking to be employed or licensed by the Department
 1497  of Education, any district school board, any university
 1498  laboratory school, any charter school, any private or parochial
 1499  school, or any local governmental entity that licenses child
 1500  care facilities;
 1501         7. Is seeking to be licensed by the Division of Insurance
 1502  Agent and Agency Services within the Department of Financial
 1503  Services; or
 1504         8. Is seeking to be appointed as a guardian pursuant to s.
 1505  744.3125.
 1506         (b) Subject to the exceptions in paragraph (a), a person
 1507  who has been granted an expunction under this section, former s.
 1508  893.14, former s. 901.33, or former s. 943.058 may not be held
 1509  under any provision of law of this state to commit perjury or to
 1510  be otherwise liable for giving a false statement by reason of
 1511  such person’s failure to recite or acknowledge an expunged
 1512  criminal history record.
 1513         (c) Information relating to the existence of an expunged
 1514  criminal history record which is provided in accordance with
 1515  paragraph (a) is confidential and exempt from the provisions of
 1516  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 1517  except that the department shall disclose the existence of a
 1518  criminal history record ordered expunged to the entities set
 1519  forth in subparagraphs (a)1., 4., 5., 6., 7., and 8. for their
 1520  respective licensing, access authorization, and employment
 1521  purposes, and to criminal justice agencies for their respective
 1522  criminal justice purposes. It is unlawful for any employee of an
 1523  entity set forth in subparagraph (a)1., subparagraph (a)4.,
 1524  subparagraph (a)5., subparagraph (a)6., subparagraph (a)7., or
 1525  subparagraph (a)8. to disclose information relating to the
 1526  existence of an expunged criminal history record of a person
 1527  seeking employment, access authorization, or licensure with such
 1528  entity or contractor, except to the person to whom the criminal
 1529  history record relates or to persons having direct
 1530  responsibility for employment, access authorization, or
 1531  licensure decisions. Any person who violates this paragraph
 1532  commits a misdemeanor of the first degree, punishable as
 1533  provided in s. 775.082 or s. 775.083.
 1534         (5) EXCEPTION FOR LAWFUL SELF-DEFENSE.—Notwithstanding the
 1535  eligibility requirements prescribed in paragraph (1)(b) and
 1536  subsection (2), the department shall issue a certificate of
 1537  eligibility for expunction under this subsection to a person who
 1538  is the subject of a criminal history record if that person:
 1539         (a) Has obtained, and submitted to the department, on a
 1540  form provided by the department, a written, certified statement
 1541  from the appropriate state attorney or statewide prosecutor
 1542  which states whether an information, indictment, or other
 1543  charging document was not filed or was dismissed by the state
 1544  attorney, or dismissed by the court, because it was found that
 1545  the person acted in lawful self-defense pursuant to the
 1546  provisions related to justifiable use of force in chapter 776.
 1547         (b) Each petition to a court to expunge a criminal history
 1548  record pursuant to this subsection is complete only when
 1549  accompanied by:
 1550         1. A valid certificate of eligibility for expunction issued
 1551  by the department pursuant to this subsection.
 1552         2. The petitioner’s sworn statement attesting that the
 1553  petitioner is eligible for such an expunction to the best of his
 1554  or her knowledge or belief.
 1555  
 1556  Any person who knowingly provides false information on such
 1557  sworn statement to the court commits a felony of the third
 1558  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1559  775.084.
 1560         (c) This subsection does not confer any right to the
 1561  expunction of a criminal history record, and any request for
 1562  expunction of a criminal history record may be denied at the
 1563  discretion of the court.
 1564         (d) Subsections (3) and (4) shall apply to expunction
 1565  ordered under this subsection.
 1566         (e) The department shall, by rule adopted pursuant to
 1567  chapter 120, establish procedures pertaining to the application
 1568  for and issuance of certificates of eligibility for expunction
 1569  under this subsection.
 1570         (6) STATUTORY REFERENCES.—Any reference to any other
 1571  chapter, section, or subdivision of the Florida Statutes in this
 1572  section constitutes a general reference under the doctrine of
 1573  incorporation by reference.
 1574         Section 20. For the purpose of incorporating the amendment
 1575  made by this act to section 893.135, Florida Statutes, in a
 1576  reference thereto, section 943.059, Florida Statutes, is
 1577  reenacted to read:
 1578         943.059 Court-ordered sealing of criminal history records.
 1579  The courts of this state shall continue to have jurisdiction
 1580  over their own procedures, including the maintenance, sealing,
 1581  and correction of judicial records containing criminal history
 1582  information to the extent such procedures are not inconsistent
 1583  with the conditions, responsibilities, and duties established by
 1584  this section. Any court of competent jurisdiction may order a
 1585  criminal justice agency to seal the criminal history record of a
 1586  minor or an adult who complies with the requirements of this
 1587  section. The court shall not order a criminal justice agency to
 1588  seal a criminal history record until the person seeking to seal
 1589  a criminal history record has applied for and received a
 1590  certificate of eligibility for sealing pursuant to subsection
 1591  (2). A criminal history record that relates to a violation of s.
 1592  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
 1593  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
 1594  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
 1595  s. 916.1075, a violation enumerated in s. 907.041, or any
 1596  violation specified as a predicate offense for registration as a
 1597  sexual predator pursuant to s. 775.21, without regard to whether
 1598  that offense alone is sufficient to require such registration,
 1599  or for registration as a sexual offender pursuant to s.
 1600  943.0435, may not be sealed, without regard to whether
 1601  adjudication was withheld, if the defendant was found guilty of
 1602  or pled guilty or nolo contendere to the offense, or if the
 1603  defendant, as a minor, was found to have committed or pled
 1604  guilty or nolo contendere to committing the offense as a
 1605  delinquent act. The court may only order sealing of a criminal
 1606  history record pertaining to one arrest or one incident of
 1607  alleged criminal activity, except as provided in this section.
 1608  The court may, at its sole discretion, order the sealing of a
 1609  criminal history record pertaining to more than one arrest if
 1610  the additional arrests directly relate to the original arrest.
 1611  If the court intends to order the sealing of records pertaining
 1612  to such additional arrests, such intent must be specified in the
 1613  order. A criminal justice agency may not seal any record
 1614  pertaining to such additional arrests if the order to seal does
 1615  not articulate the intention of the court to seal records
 1616  pertaining to more than one arrest. This section does not
 1617  prevent the court from ordering the sealing of only a portion of
 1618  a criminal history record pertaining to one arrest or one
 1619  incident of alleged criminal activity. Notwithstanding any law
 1620  to the contrary, a criminal justice agency may comply with laws,
 1621  court orders, and official requests of other jurisdictions
 1622  relating to sealing, correction, or confidential handling of
 1623  criminal history records or information derived therefrom. This
 1624  section does not confer any right to the sealing of any criminal
 1625  history record, and any request for sealing a criminal history
 1626  record may be denied at the sole discretion of the court.
 1627         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
 1628  petition to a court to seal a criminal history record is
 1629  complete only when accompanied by:
 1630         (a) A valid certificate of eligibility for sealing issued
 1631  by the department pursuant to subsection (2).
 1632         (b) The petitioner’s sworn statement attesting that the
 1633  petitioner:
 1634         1. Has never, prior to the date on which the petition is
 1635  filed, been adjudicated guilty of a criminal offense or
 1636  comparable ordinance violation, or been adjudicated delinquent
 1637  for committing any felony or a misdemeanor specified in s.
 1638  943.051(3)(b).
 1639         2. Has not been adjudicated guilty of or adjudicated
 1640  delinquent for committing any of the acts stemming from the
 1641  arrest or alleged criminal activity to which the petition to
 1642  seal pertains.
 1643         3. Has never secured a prior sealing or expunction of a
 1644  criminal history record under this section, s. 943.0585, former
 1645  s. 893.14, former s. 901.33, or former s. 943.058.
 1646         4. Is eligible for such a sealing to the best of his or her
 1647  knowledge or belief and does not have any other petition to seal
 1648  or any petition to expunge pending before any court.
 1649  
 1650  Any person who knowingly provides false information on such
 1651  sworn statement to the court commits a felony of the third
 1652  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1653  775.084.
 1654         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
 1655  petitioning the court to seal a criminal history record, a
 1656  person seeking to seal a criminal history record shall apply to
 1657  the department for a certificate of eligibility for sealing. The
 1658  department shall, by rule adopted pursuant to chapter 120,
 1659  establish procedures pertaining to the application for and
 1660  issuance of certificates of eligibility for sealing. A
 1661  certificate of eligibility for sealing is valid for 12 months
 1662  after the date stamped on the certificate when issued by the
 1663  department. After that time, the petitioner must reapply to the
 1664  department for a new certificate of eligibility. Eligibility for
 1665  a renewed certification of eligibility must be based on the
 1666  status of the applicant and the law in effect at the time of the
 1667  renewal application. The department shall issue a certificate of
 1668  eligibility for sealing to a person who is the subject of a
 1669  criminal history record provided that such person:
 1670         (a) Has submitted to the department a certified copy of the
 1671  disposition of the charge to which the petition to seal
 1672  pertains.
 1673         (b) Remits a $75 processing fee to the department for
 1674  placement in the Department of Law Enforcement Operating Trust
 1675  Fund, unless such fee is waived by the executive director.
 1676         (c) Has never, prior to the date on which the application
 1677  for a certificate of eligibility is filed, been adjudicated
 1678  guilty of a criminal offense or comparable ordinance violation,
 1679  or been adjudicated delinquent for committing any felony or a
 1680  misdemeanor specified in s. 943.051(3)(b).
 1681         (d) Has not been adjudicated guilty of or adjudicated
 1682  delinquent for committing any of the acts stemming from the
 1683  arrest or alleged criminal activity to which the petition to
 1684  seal pertains.
 1685         (e) Has never secured a prior sealing or expunction of a
 1686  criminal history record under this section, s. 943.0585, former
 1687  s. 893.14, former s. 901.33, or former s. 943.058.
 1688         (f) Is no longer under court supervision applicable to the
 1689  disposition of the arrest or alleged criminal activity to which
 1690  the petition to seal pertains.
 1691         (3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
 1692         (a) In judicial proceedings under this section, a copy of
 1693  the completed petition to seal shall be served upon the
 1694  appropriate state attorney or the statewide prosecutor and upon
 1695  the arresting agency; however, it is not necessary to make any
 1696  agency other than the state a party. The appropriate state
 1697  attorney or the statewide prosecutor and the arresting agency
 1698  may respond to the court regarding the completed petition to
 1699  seal.
 1700         (b) If relief is granted by the court, the clerk of the
 1701  court shall certify copies of the order to the appropriate state
 1702  attorney or the statewide prosecutor and to the arresting
 1703  agency. The arresting agency is responsible for forwarding the
 1704  order to any other agency to which the arresting agency
 1705  disseminated the criminal history record information to which
 1706  the order pertains. The department shall forward the order to
 1707  seal to the Federal Bureau of Investigation. The clerk of the
 1708  court shall certify a copy of the order to any other agency
 1709  which the records of the court reflect has received the criminal
 1710  history record from the court.
 1711         (c) For an order to seal entered by a court prior to July
 1712  1, 1992, the department shall notify the appropriate state
 1713  attorney or statewide prosecutor of any order to seal which is
 1714  contrary to law because the person who is the subject of the
 1715  record has previously been convicted of a crime or comparable
 1716  ordinance violation or has had a prior criminal history record
 1717  sealed or expunged. Upon receipt of such notice, the appropriate
 1718  state attorney or statewide prosecutor shall take action, within
 1719  60 days, to correct the record and petition the court to void
 1720  the order to seal. The department shall seal the record until
 1721  such time as the order is voided by the court.
 1722         (d) On or after July 1, 1992, the department or any other
 1723  criminal justice agency is not required to act on an order to
 1724  seal entered by a court when such order does not comply with the
 1725  requirements of this section. Upon receipt of such an order, the
 1726  department must notify the issuing court, the appropriate state
 1727  attorney or statewide prosecutor, the petitioner or the
 1728  petitioner’s attorney, and the arresting agency of the reason
 1729  for noncompliance. The appropriate state attorney or statewide
 1730  prosecutor shall take action within 60 days to correct the
 1731  record and petition the court to void the order. No cause of
 1732  action, including contempt of court, shall arise against any
 1733  criminal justice agency for failure to comply with an order to
 1734  seal when the petitioner for such order failed to obtain the
 1735  certificate of eligibility as required by this section or when
 1736  such order does not comply with the requirements of this
 1737  section.
 1738         (e) An order sealing a criminal history record pursuant to
 1739  this section does not require that such record be surrendered to
 1740  the court, and such record shall continue to be maintained by
 1741  the department and other criminal justice agencies.
 1742         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
 1743  history record of a minor or an adult which is ordered sealed by
 1744  a court pursuant to this section is confidential and exempt from
 1745  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1746  Constitution and is available only to the person who is the
 1747  subject of the record, to the subject’s attorney, to criminal
 1748  justice agencies for their respective criminal justice purposes,
 1749  which include conducting a criminal history background check for
 1750  approval of firearms purchases or transfers as authorized by
 1751  state or federal law, to judges in the state courts system for
 1752  the purpose of assisting them in their case-related
 1753  decisionmaking responsibilities, as set forth in s. 943.053(5),
 1754  or to those entities set forth in subparagraphs (a)1., 4., 5.,
 1755  6., 8., 9., and 10. for their respective licensing, access
 1756  authorization, and employment purposes.
 1757         (a) The subject of a criminal history record sealed under
 1758  this section or under other provisions of law, including former
 1759  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
 1760  deny or fail to acknowledge the arrests covered by the sealed
 1761  record, except when the subject of the record:
 1762         1. Is a candidate for employment with a criminal justice
 1763  agency;
 1764         2. Is a defendant in a criminal prosecution;
 1765         3. Concurrently or subsequently petitions for relief under
 1766  this section, s. 943.0583, or s. 943.0585;
 1767         4. Is a candidate for admission to The Florida Bar;
 1768         5. Is seeking to be employed or licensed by or to contract
 1769  with the Department of Children and Families, the Division of
 1770  Vocational Rehabilitation within the Department of Education,
 1771  the Agency for Health Care Administration, the Agency for
 1772  Persons with Disabilities, the Department of Health, the
 1773  Department of Elderly Affairs, or the Department of Juvenile
 1774  Justice or to be employed or used by such contractor or licensee
 1775  in a sensitive position having direct contact with children, the
 1776  disabled, or the elderly;
 1777         6. Is seeking to be employed or licensed by the Department
 1778  of Education, a district school board, a university laboratory
 1779  school, a charter school, a private or parochial school, or a
 1780  local governmental entity that licenses child care facilities;
 1781         7. Is attempting to purchase a firearm from a licensed
 1782  importer, licensed manufacturer, or licensed dealer and is
 1783  subject to a criminal history check under state or federal law;
 1784         8. Is seeking to be licensed by the Division of Insurance
 1785  Agent and Agency Services within the Department of Financial
 1786  Services;
 1787         9. Is seeking to be appointed as a guardian pursuant to s.
 1788  744.3125; or
 1789         10. Is seeking to be licensed by the Bureau of License
 1790  Issuance of the Division of Licensing within the Department of
 1791  Agriculture and Consumer Services to carry a concealed weapon or
 1792  concealed firearm. This subparagraph applies only in the
 1793  determination of an applicant’s eligibility under s. 790.06.
 1794         (b) Subject to the exceptions in paragraph (a), a person
 1795  who has been granted a sealing under this section, former s.
 1796  893.14, former s. 901.33, or former s. 943.058 may not be held
 1797  under any provision of law of this state to commit perjury or to
 1798  be otherwise liable for giving a false statement by reason of
 1799  such person’s failure to recite or acknowledge a sealed criminal
 1800  history record.
 1801         (c) Information relating to the existence of a sealed
 1802  criminal record provided in accordance with the provisions of
 1803  paragraph (a) is confidential and exempt from the provisions of
 1804  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 1805  except that the department shall disclose the sealed criminal
 1806  history record to the entities set forth in subparagraphs (a)1.,
 1807  4., 5., 6., 8., 9., and 10. for their respective licensing,
 1808  access authorization, and employment purposes. An employee of an
 1809  entity set forth in subparagraph (a)1., subparagraph (a)4.,
 1810  subparagraph (a)5., subparagraph (a)6., subparagraph (a)8.,
 1811  subparagraph (a)9., or subparagraph (a)10. may not disclose
 1812  information relating to the existence of a sealed criminal
 1813  history record of a person seeking employment, access
 1814  authorization, or licensure with such entity or contractor,
 1815  except to the person to whom the criminal history record relates
 1816  or to persons having direct responsibility for employment,
 1817  access authorization, or licensure decisions. A person who
 1818  violates the provisions of this paragraph commits a misdemeanor
 1819  of the first degree, punishable as provided in s. 775.082 or s.
 1820  775.083.
 1821         (5) STATUTORY REFERENCES.—Any reference to any other
 1822  chapter, section, or subdivision of the Florida Statutes in this
 1823  section constitutes a general reference under the doctrine of
 1824  incorporation by reference.
 1825         Section 21. For the purpose of incorporating the amendments
 1826  made by this act to sections 893.13 and 893.135, Florida
 1827  Statutes, in references thereto, subsection (2) of section
 1828  772.12, Florida Statutes, is reenacted to read:
 1829         772.12 Drug Dealer Liability Act.—
 1830         (2) A person, including any governmental entity, has a
 1831  cause of action for threefold the actual damages sustained and
 1832  is entitled to minimum damages in the amount of $1,000 and
 1833  reasonable attorney’s fees and court costs in the trial and
 1834  appellate courts, if the person proves by the greater weight of
 1835  the evidence that:
 1836         (a) The person was injured because of the defendant’s
 1837  actions that resulted in the defendant’s conviction for:
 1838         1. A violation of s. 893.13, except for a violation of s.
 1839  893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
 1840         2. A violation of s. 893.135; and
 1841         (b) The person was not injured by reason of his or her
 1842  participation in the same act or transaction that resulted in
 1843  the defendant’s conviction for any offense described in
 1844  subparagraph (a)1.
 1845         Section 22. For the purpose of incorporating the amendments
 1846  made by this act to sections 893.13 and 893.135, Florida
 1847  Statutes, in references thereto, subsection (3) of section
 1848  810.02, Florida Statutes, is reenacted to read:
 1849         810.02 Burglary.—
 1850         (3) Burglary is a felony of the second degree, punishable
 1851  as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
 1852  course of committing the offense, the offender does not make an
 1853  assault or battery and is not and does not become armed with a
 1854  dangerous weapon or explosive, and the offender enters or
 1855  remains in a:
 1856         (a) Dwelling, and there is another person in the dwelling
 1857  at the time the offender enters or remains;
 1858         (b) Dwelling, and there is not another person in the
 1859  dwelling at the time the offender enters or remains;
 1860         (c) Structure, and there is another person in the structure
 1861  at the time the offender enters or remains;
 1862         (d) Conveyance, and there is another person in the
 1863  conveyance at the time the offender enters or remains;
 1864         (e) Authorized emergency vehicle, as defined in s. 316.003;
 1865  or
 1866         (f) Structure or conveyance when the offense intended to be
 1867  committed therein is theft of a controlled substance as defined
 1868  in s. 893.02. Notwithstanding any other law, separate judgments
 1869  and sentences for burglary with the intent to commit theft of a
 1870  controlled substance under this paragraph and for any applicable
 1871  possession of controlled substance offense under s. 893.13 or
 1872  trafficking in controlled substance offense under s. 893.135 may
 1873  be imposed when all such offenses involve the same amount or
 1874  amounts of a controlled substance.
 1875  
 1876  However, if the burglary is committed within a county that is
 1877  subject to a state of emergency declared by the Governor under
 1878  chapter 252 after the declaration of emergency is made and the
 1879  perpetration of the burglary is facilitated by conditions
 1880  arising from the emergency, the burglary is a felony of the
 1881  first degree, punishable as provided in s. 775.082, s. 775.083,
 1882  or s. 775.084. As used in this subsection, the term “conditions
 1883  arising from the emergency” means civil unrest, power outages,
 1884  curfews, voluntary or mandatory evacuations, or a reduction in
 1885  the presence of or response time for first responders or
 1886  homeland security personnel. A person arrested for committing a
 1887  burglary within a county that is subject to such a state of
 1888  emergency may not be released until the person appears before a
 1889  committing magistrate at a first appearance hearing. For
 1890  purposes of sentencing under chapter 921, a felony offense that
 1891  is reclassified under this subsection is ranked one level above
 1892  the ranking under s. 921.0022 or s. 921.0023 of the offense
 1893  committed.
 1894         Section 23. For the purpose of incorporating the amendments
 1895  made by this act to sections 893.13 and 893.135, Florida
 1896  Statutes, in references thereto, paragraph (c) of subsection (2)
 1897  of section 812.014, Florida Statutes, is reenacted to read:
 1898         812.014 Theft.—
 1899         (2)
 1900         (c) It is grand theft of the third degree and a felony of
 1901  the third degree, punishable as provided in s. 775.082, s.
 1902  775.083, or s. 775.084, if the property stolen is:
 1903         1. Valued at $300 or more, but less than $5,000.
 1904         2. Valued at $5,000 or more, but less than $10,000.
 1905         3. Valued at $10,000 or more, but less than $20,000.
 1906         4. A will, codicil, or other testamentary instrument.
 1907         5. A firearm.
 1908         6. A motor vehicle, except as provided in paragraph (a).
 1909         7. Any commercially farmed animal, including any animal of
 1910  the equine, bovine, or swine class or other grazing animal; a
 1911  bee colony of a registered beekeeper; and aquaculture species
 1912  raised at a certified aquaculture facility. If the property
 1913  stolen is aquaculture species raised at a certified aquaculture
 1914  facility, then a $10,000 fine shall be imposed.
 1915         8. Any fire extinguisher.
 1916         9. Any amount of citrus fruit consisting of 2,000 or more
 1917  individual pieces of fruit.
 1918         10. Taken from a designated construction site identified by
 1919  the posting of a sign as provided for in s. 810.09(2)(d).
 1920         11. Any stop sign.
 1921         12. Anhydrous ammonia.
 1922         13. Any amount of a controlled substance as defined in s.
 1923  893.02. Notwithstanding any other law, separate judgments and
 1924  sentences for theft of a controlled substance under this
 1925  subparagraph and for any applicable possession of controlled
 1926  substance offense under s. 893.13 or trafficking in controlled
 1927  substance offense under s. 893.135 may be imposed when all such
 1928  offenses involve the same amount or amounts of a controlled
 1929  substance.
 1930  
 1931  However, if the property is stolen within a county that is
 1932  subject to a state of emergency declared by the Governor under
 1933  chapter 252, the property is stolen after the declaration of
 1934  emergency is made, and the perpetration of the theft is
 1935  facilitated by conditions arising from the emergency, the
 1936  offender commits a felony of the second degree, punishable as
 1937  provided in s. 775.082, s. 775.083, or s. 775.084, if the
 1938  property is valued at $5,000 or more, but less than $10,000, as
 1939  provided under subparagraph 2., or if the property is valued at
 1940  $10,000 or more, but less than $20,000, as provided under
 1941  subparagraph 3. As used in this paragraph, the term “conditions
 1942  arising from the emergency” means civil unrest, power outages,
 1943  curfews, voluntary or mandatory evacuations, or a reduction in
 1944  the presence of or the response time for first responders or
 1945  homeland security personnel. For purposes of sentencing under
 1946  chapter 921, a felony offense that is reclassified under this
 1947  paragraph is ranked one level above the ranking under s.
 1948  921.0022 or s. 921.0023 of the offense committed.
 1949         Section 24. For the purpose of incorporating the amendments
 1950  made by this act to sections 893.13 and 893.135, Florida
 1951  Statutes, in references thereto, subsections (1) and (2) of
 1952  section 893.1351, Florida Statutes, are reenacted to read:
 1953         893.1351 Ownership, lease, rental, or possession for
 1954  trafficking in or manufacturing a controlled substance.—
 1955         (1) A person may not own, lease, or rent any place,
 1956  structure, or part thereof, trailer, or other conveyance with
 1957  the knowledge that the place, structure, trailer, or conveyance
 1958  will be used for the purpose of trafficking in a controlled
 1959  substance, as provided in s. 893.135; for the sale of a
 1960  controlled substance, as provided in s. 893.13; or for the
 1961  manufacture of a controlled substance intended for sale or
 1962  distribution to another. A person who violates this subsection
 1963  commits a felony of the third degree, punishable as provided in
 1964  s. 775.082, s. 775.083, or s. 775.084.
 1965         (2) A person may not knowingly be in actual or constructive
 1966  possession of any place, structure, or part thereof, trailer, or
 1967  other conveyance with the knowledge that the place, structure,
 1968  or part thereof, trailer, or conveyance will be used for the
 1969  purpose of trafficking in a controlled substance, as provided in
 1970  s. 893.135; for the sale of a controlled substance, as provided
 1971  in s. 893.13; or for the manufacture of a controlled substance
 1972  intended for sale or distribution to another. A person who
 1973  violates this subsection commits a felony of the second degree,
 1974  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1975         Section 25. For the purpose of incorporating the amendments
 1976  made by this act to sections 893.13 and 893.135, Florida
 1977  Statutes, in references thereto, section 903.133, Florida
 1978  Statutes, is reenacted to read:
 1979         903.133 Bail on appeal; prohibited for certain felony
 1980  convictions.—Notwithstanding the provisions of s. 903.132, no
 1981  person adjudged guilty of a felony of the first degree for a
 1982  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
 1983  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
 1984  violation of s. 794.011(2) or (3), shall be admitted to bail
 1985  pending review either by posttrial motion or appeal.
 1986         Section 26. This act shall take effect October 1, 2017.