Florida Senate - 2017                                     SB 476
       
       
        
       By Senator Bean
       
       4-00492B-17                                            2017476__
    1                        A bill to be entitled                      
    2         An act relating to terrorism and terrorist activities;
    3         amending s. 775.30, F.S.; extending the applicability
    4         of the definition of the term “terrorism” to other
    5         sections of ch. 775, F.S.; defining the term
    6         “terrorist activity”; providing that a violation of
    7         specified criminal provisions with the intent to
    8         influence or affect the conduct of government by
    9         intimidation or coercion, or to retaliate against
   10         government, is a crime of terrorism; providing
   11         penalties; providing increased penalties if the action
   12         results in death or serious bodily injury; defining
   13         the term “serious bodily injury”; amending s. 775.31,
   14         F.S.; redefining the term “terrorism”; providing
   15         applicability; creating s. 775.32, F.S.; defining
   16         terms; prohibiting a person from using, attempting to
   17         use, or conspiring to use military-type training
   18         received from a designated foreign terrorist
   19         organization for certain purposes; providing
   20         penalties; providing increased penalties if the
   21         actions result in death or serious bodily injury;
   22         creating s. 775.33, F.S.; defining terms; prohibiting
   23         a person from providing material support or resources,
   24         or engaging in other specified actions, to violate
   25         specified criminal provisions; providing penalties;
   26         prohibiting a person from attempting to provide,
   27         conspiring to provide, or knowingly providing material
   28         support or resources to a designated foreign terrorist
   29         organization; providing penalties; providing increased
   30         penalties if specified actions result in death or
   31         serious bodily injury; specifying the circumstances
   32         under which a person provides material support by
   33         providing personnel; prohibiting prosecution under
   34         certain circumstances; providing legislative intent;
   35         requiring the Department of Law Enforcement, in
   36         consultation with the Office of the Attorney General,
   37         to create specified guidelines; creating s. 775.34,
   38         F.S.; providing penalties for a person who willfully
   39         becomes a member of a designated foreign terrorist
   40         organization and serves under the direction or control
   41         of the organization with the intent to further the
   42         illegal acts of the organization; defining the term
   43         “designated foreign terrorist organization”; creating
   44         s. 775.35, F.S.; providing penalties for a person who
   45         intentionally disseminates or spreads any type of
   46         contagious, communicable, or infectious disease among
   47         crops, poultry, livestock, or other animals; providing
   48         an affirmative defense; providing increased penalties
   49         if specified actions result in death or serious bodily
   50         injury; defining the term “serious bodily injury”;
   51         amending s. 782.04, F.S.; revising the provisions
   52         related to terrorism for murder in the first degree,
   53         murder in the second degree, and murder in the third
   54         degree to include the terrorism felonies created by
   55         this act; reenacting ss. 373.6055(3)(c), 381.95(1),
   56         395.1056(1)(a) and (2), 874.03(7), 907.041(4)(a),
   57         943.0312(2), and 943.0321(2), F.S., relating to the
   58         definition of the term “terrorism,” to incorporate the
   59         amendment made to s. 775.30, F.S., in references
   60         thereto; reenacting ss. 27.401(2), 39.806(1)(d),
   61         63.089(4)(b), 95.11(10), 435.04(2)(e), 435.07(4)(c),
   62         775.082(1)(b) and (3)(a), (b), and (c), 775.0823(1),
   63         (2), (4), (5), (6), and (7), 782.051, 782.065,
   64         903.133, 921.0022(3)(h) and (i), 921.16(1),
   65         947.146(3)(i), 948.06(8)(c), 948.062(1),
   66         985.265(3)(b), and 1012.315(1)(d), F.S., relating to
   67         capital felonies, murder in the first degree, murder
   68         in the second degree, and murder in the third degree,
   69         to incorporate the amendment made to s. 782.04, F.S.,
   70         in references thereto; reenacting s. 1012.467(2)(g),
   71         F.S., relating to terrorism and murder, to incorporate
   72         the amendments made to ss. 775.30 and 782.04, F.S., in
   73         references thereto; providing an effective date.
   74  
   75         WHEREAS, the domestic security of the State of Florida and
   76  terrorism prevention within the state’s borders are of paramount
   77  importance, and
   78         WHEREAS, the threats to the domestic security of the State
   79  of Florida are constantly evolving and expanding, and
   80         WHEREAS, it is incumbent upon officials of the State of
   81  Florida to prevent future acts of terrorism and to bring to
   82  justice those who attempt, solicit, support, commit, or conspire
   83  to commit acts of terrorism, and
   84         WHEREAS, law enforcement officials in the State of Florida
   85  require adequate and appropriate authority to investigate and
   86  prevent potential acts of terrorism or acts of mass catastrophe
   87  in the state, and
   88         WHEREAS, the constitutional rights of the residents of and
   89  visitors to the State of Florida are also of great importance,
   90  and those rights can be safeguarded through reasonable
   91  protections in appropriate law enforcement actions, NOW,
   92  THEREFORE,
   93  
   94  Be It Enacted by the Legislature of the State of Florida:
   95  
   96         Section 1. Section 775.30, Florida Statutes, is amended to
   97  read:
   98         775.30 Terrorism; defined; penalties.—
   99         (1) As used in this chapter and the Florida Criminal Code,
  100  the term “terrorism” or “terrorist activity” means an activity
  101  that:
  102         (1)(a) Involves a violent act or an act dangerous to human
  103  life which is a violation of the criminal laws of this state or
  104  of the United States; or
  105         (b) Involves a violation of s. 815.06; and
  106         (c)(2) Is intended to:
  107         1.(a) Intimidate, injure, or coerce a civilian population;
  108         2.(b) Influence the policy of a government by intimidation
  109  or coercion; or
  110         3.(c) Affect the conduct of government through destruction
  111  of property, assassination, murder, kidnapping, or aircraft
  112  piracy.
  113         (2) A person who violates s. 782.04(1)(a)1. or (2), s.
  114  782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.
  115  787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16,
  116  s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s.
  117  806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s.
  118  859.01, or s. 876.34, when intending to influence or affect by
  119  intimidation or coercion, or to retaliate against, the conduct
  120  of government, commits the crime of terrorism, a felony of the
  121  first degree, punishable as provided in s. 775.082, s. 775.083,
  122  or s. 775.084.
  123         (3) A person who commits a violation of subsection (2)
  124  which results in death or serious bodily injury commits a life
  125  felony, punishable as provided in s. 775.082, s. 775.083, or s.
  126  775.084. As used in this subsection, the term “serious bodily
  127  injury” means an injury to a person which creates a substantial
  128  risk of death, serious personal disfigurement, or protracted
  129  loss or impairment of the function of a bodily member or an
  130  organ.
  131         Section 2. Section 775.31, Florida Statutes, is amended to
  132  read:
  133         775.31 Facilitating or furthering terrorism; felony or
  134  misdemeanor reclassification.—
  135         (1) If a person is convicted of committing a felony or
  136  misdemeanor that facilitated or furthered any act of terrorism,
  137  the court shall reclassify the felony or misdemeanor to the next
  138  higher degree as provided in this section. The reclassification
  139  shall be made in the following manner:
  140         (a) In the case of a misdemeanor of the second degree, the
  141  offense is reclassified as a misdemeanor of the first degree.
  142         (b) In the case of a misdemeanor of the first degree, the
  143  offense is reclassified as a felony of the third degree.
  144         (c) In the case of a felony of the third degree, the
  145  offense is reclassified as a felony of the second degree.
  146         (d) In the case of a felony of the second degree, the
  147  offense is reclassified as a felony of the first degree.
  148         (e) In the case of a felony of the first degree or a felony
  149  of the first degree punishable by a term of imprisonment not
  150  exceeding life, the offense is reclassified as a life felony.
  151         (2) For purposes of sentencing under chapter 921, the
  152  following offense severity ranking levels apply:
  153         (a) An offense that is a misdemeanor of the first degree
  154  and that is reclassified under this section as a felony of the
  155  third degree is ranked in level 2 of the offense severity
  156  ranking chart.
  157         (b) A felony offense that is reclassified under this
  158  section is ranked one level above the ranking specified in s.
  159  921.0022 or s. 921.0023 for the offense committed.
  160         (3) As used in this section, the term “terrorism” has the
  161  same meaning as provided in s. 775.30(1) means an activity that:
  162         (a)1. Involves a violent act or an act dangerous to human
  163  life which is a violation of the criminal laws of this state or
  164  of the United States; or
  165         2. Involves a violation of s. 815.06; and
  166         (b) Is intended to:
  167         1. Intimidate, injure, or coerce a civilian population;
  168         2. Influence the policy of a government by intimidation or
  169  coercion; or
  170         3. Affect the conduct of government through destruction of
  171  property, assassination, murder, kidnapping, or aircraft piracy.
  172         (4) The reclassification of offenses under this section
  173  does not apply to s. 775.30, s. 775.32, s. 775.33, s. 775.34, or
  174  s. 775.35.
  175         Section 3. Section 775.32, Florida Statutes, is created to
  176  read:
  177         775.32 Use of military-type training provided by a
  178  designated foreign terrorist organization.—
  179         (1) As used in this section, the term:
  180         (a) “Critical infrastructure facility” has the same meaning
  181  as provided in s. 493.631.
  182         (b) “Designated foreign terrorist organization” means an
  183  organization designated as a terrorist organization under s. 219
  184  of the Immigration and Nationality Act.
  185         (c) “Military-type training” means training in means or
  186  methods that can cause the death of, or serious bodily injury
  187  to, another person, destroy or damage property or critical
  188  infrastructure facilities, or disrupt services to critical
  189  infrastructure; or training on the use, storage, production, or
  190  assembly of an explosive, a firearm, or any other weapon,
  191  including a weapon of mass destruction.
  192         (d) “Serious bodily injury” has the same meaning as
  193  provided in s. 775.30(3).
  194         (e) “Weapon of mass destruction” has the same meaning as
  195  provided in s. 790.166.
  196         (2) A person who has received military-type training from a
  197  designated foreign terrorist organization may not use, attempt
  198  to use, or conspire to use such military-type training with the
  199  intent to harm another person or damage critical infrastructure
  200  facilities.
  201         (3) A person who commits a violation of subsection (2)
  202  commits a felony of the second degree, punishable as provided in
  203  s. 775.082, s. 775.083, or s. 775.084.
  204         (4) A person who commits a violation of subsection (2)
  205  which results in the death of, or serious bodily injury to, a
  206  person commits a felony of the first degree, punishable as
  207  provided in s. 775.082, s. 775.083, or s. 775.084.
  208         Section 4. Section 775.33, Florida Statutes, is created to
  209  read:
  210         775.33 Providing material support or resources for
  211  terrorism or to terrorist organizations.—
  212         (1) As used in this section, the term:
  213         (a) “Designated foreign terrorist organization” has the
  214  same meaning as provided in s. 775.32.
  215         (b) “Expert advice or assistance” means advice or
  216  assistance derived from scientific, technical, or other
  217  specialized knowledge.
  218         (c) “Material support or resources” means any property,
  219  tangible or intangible, or service, including currency or
  220  monetary instruments or financial securities, financial
  221  services, lodging, training, expert advice or assistance, safe
  222  houses, false documentation or identification, communications
  223  equipment, facilities, weapons, lethal substances, explosives,
  224  personnel, or transportation. The term does not include medicine
  225  or religious materials.
  226         (d) “Serious bodily injury” has the same meaning as
  227  provided in s. 775.30(3).
  228         (e) “Training” means instruction or teaching designed to
  229  impart a specific skill rather than general knowledge.
  230         (2) A person who provides material support or resources or
  231  conceals or disguises the nature, location, source, or ownership
  232  of material support or resources, knowing or intending that the
  233  support or resources are to be used in preparation for or in
  234  carrying out a violation of s. 775.30, s. 775.32, s. 775.34, s.
  235  775.35, s. 790.16, s. 790.161(2), (3), or (4), s. 790.166, s.
  236  790.19, s. 815.06, s. 859.01, s. 860.121, s. 860.16, s. 876.32,
  237  s. 876.34, or s. 876.36; who conceals an escape from the
  238  commission of any such violation; or who attempts or conspires
  239  to carry out such violation commits a felony of the first
  240  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  241  775.084.
  242         (3) A person who knowingly provides material support or
  243  resources to a designated foreign terrorist organization, or
  244  attempts or conspires to do so, commits a felony of the first
  245  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  246  775.084. To violate this subsection, a person must have
  247  knowledge that the organization is a designated foreign
  248  terrorist organization or that the organization has engaged in
  249  or engages in terrorism or terrorist activity.
  250         (4) A person who commits a violation of subsection (2) or
  251  subsection (3) which results in death or serious bodily injury
  252  commits a life felony, punishable as provided in s. 775.082, s.
  253  775.083, or s. 775.084.
  254         (5)(a) For purposes of prosecution under subsection (2) or
  255  subsection (3), a person is deemed to provide material support
  256  or resources by providing personnel if the person knowingly
  257  provides, attempts to provide, or conspires to provide himself
  258  or herself or another person:
  259         1. To a person engaged in, or intending to engage in, an
  260  act of terrorism to work under the direction and control of the
  261  person engaged in, or intending to engage in, an act of
  262  terrorism, or to organize, manage, supervise, or otherwise
  263  direct the operations of the person engaged in, or intending to
  264  engage in, an act of terrorism; or
  265         2. To work under the direction and control of a designated
  266  foreign terrorist organization, or to organize, manage,
  267  supervise, or otherwise direct the operation of that
  268  organization.
  269         (b) An individual who acts entirely independently of the
  270  person engaged in, or intending to engage in, an act of
  271  terrorism or the designated foreign terrorist organization to
  272  advance the person’s or organization’s goals or objectives is
  273  not working under the direction and control of the person
  274  engaged in, or intending to engage in, an act of terrorism or
  275  the designated foreign terrorist organization.
  276         (6) A person may not be prosecuted under this section if
  277  his or her activity was authorized by a governmental or law
  278  enforcement agency of this state or of the United States in the
  279  agency’s official capacity and pursuant to a lawful purpose.
  280         (7) It is the intent of the Legislature that subsections
  281  (2) and (3) be interpreted in a manner consistent with federal
  282  case law interpreting 18 U.S.C. ss. 2339A and 2339B,
  283  respectively.
  284         (8) The Department of Law Enforcement, in consultation with
  285  the Office of the Attorney General, shall create guidelines for
  286  law enforcement investigations conducted pursuant to this
  287  section to ensure the protection of privacy rights, civil
  288  rights, and civil liberties.
  289         Section 5. Section 775.34, Florida Statutes, is created to
  290  read:
  291         775.34 Membership in a designated foreign terrorist
  292  organization.—A person who willfully becomes a member of a
  293  designated foreign terrorist organization and serves under the
  294  direction or control of that organization with the intent to
  295  further the illegal acts of the organization commits a felony of
  296  the second degree, punishable as provided in s. 775.082, s.
  297  775.083, or s. 775.084. As used in this section, the term
  298  “designated foreign terrorist organization” has the same meaning
  299  as provided in s. 775.32.
  300         Section 6. Section 775.35, Florida Statutes, is created to
  301  read:
  302         775.35 Agroterrorism; penalties.—
  303         (1) A person who intentionally disseminates or spreads any
  304  type of contagious, communicable, or infectious disease among
  305  crops, poultry as defined in s. 583.01, livestock as defined in
  306  s. 588.13, or other animals commits a felony of the second
  307  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  308  775.084. It is an affirmative defense to this violation if the
  309  activity is consistent with a medically recognized procedure or
  310  if the activity is done in the course of legitimate,
  311  professional scientific research.
  312         (2) A person who commits a violation of subsection (1)
  313  which results in death or serious bodily injury to a person
  314  commits a life felony, punishable as provided in s. 775.082, s.
  315  775.083, or s. 775.084. As used in this subsection, the term
  316  “serious bodily injury” has the same meaning as provided in s.
  317  775.30(3).
  318         Section 7. Paragraph (a) of subsection (1) and subsections
  319  (3) and (4) of section 782.04, Florida Statutes, are amended to
  320  read:
  321         782.04 Murder.—
  322         (1)(a) The unlawful killing of a human being:
  323         1. When perpetrated from a premeditated design to effect
  324  the death of the person killed or any human being;
  325         2. When committed by a person engaged in the perpetration
  326  of, or in the attempt to perpetrate, any:
  327         a. Trafficking offense prohibited by s. 893.135(1),
  328         b. Arson,
  329         c. Sexual battery,
  330         d. Robbery,
  331         e. Burglary,
  332         f. Kidnapping,
  333         g. Escape,
  334         h. Aggravated child abuse,
  335         i. Aggravated abuse of an elderly person or disabled adult,
  336         j. Aircraft piracy,
  337         k. Unlawful throwing, placing, or discharging of a
  338  destructive device or bomb,
  339         l. Carjacking,
  340         m. Home-invasion robbery,
  341         n. Aggravated stalking,
  342         o. Murder of another human being,
  343         p. Resisting an officer with violence to his or her person,
  344         q. Aggravated fleeing or eluding with serious bodily injury
  345  or death,
  346         r. Felony that is an act of terrorism or is in furtherance
  347  of an act of terrorism, including a felony under s. 775.30, s.
  348  775.32, s. 775.33, s. 775.34, or s. 775.35, or
  349         s. Human trafficking; or
  350         3. Which resulted from the unlawful distribution of any
  351  substance controlled under s. 893.03(1), cocaine as described in
  352  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  353  compound, derivative, or preparation of opium, or methadone by a
  354  person 18 years of age or older, when such drug is proven to be
  355  the proximate cause of the death of the user,
  356  
  357  is murder in the first degree and constitutes a capital felony,
  358  punishable as provided in s. 775.082.
  359         (3) When a human being is killed during the perpetration
  360  of, or during the attempt to perpetrate, any:
  361         (a) Trafficking offense prohibited by s. 893.135(1),
  362         (b) Arson,
  363         (c) Sexual battery,
  364         (d) Robbery,
  365         (e) Burglary,
  366         (f) Kidnapping,
  367         (g) Escape,
  368         (h) Aggravated child abuse,
  369         (i) Aggravated abuse of an elderly person or disabled
  370  adult,
  371         (j) Aircraft piracy,
  372         (k) Unlawful throwing, placing, or discharging of a
  373  destructive device or bomb,
  374         (l) Carjacking,
  375         (m) Home-invasion robbery,
  376         (n) Aggravated stalking,
  377         (o) Murder of another human being,
  378         (p) Aggravated fleeing or eluding with serious bodily
  379  injury or death,
  380         (q) Resisting an officer with violence to his or her
  381  person, or
  382         (r) Felony that is an act of terrorism or is in furtherance
  383  of an act of terrorism, including a felony under s. 775.30, s.
  384  775.32, s. 775.33, s. 775.34, or s. 775.35,
  385  
  386  by a person other than the person engaged in the perpetration of
  387  or in the attempt to perpetrate such felony, the person
  388  perpetrating or attempting to perpetrate such felony commits
  389  murder in the second degree, which constitutes a felony of the
  390  first degree, punishable by imprisonment for a term of years not
  391  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  392  775.084.
  393         (4) The unlawful killing of a human being, when perpetrated
  394  without any design to effect death, by a person engaged in the
  395  perpetration of, or in the attempt to perpetrate, any felony
  396  other than any:
  397         (a) Trafficking offense prohibited by s. 893.135(1),
  398         (b) Arson,
  399         (c) Sexual battery,
  400         (d) Robbery,
  401         (e) Burglary,
  402         (f) Kidnapping,
  403         (g) Escape,
  404         (h) Aggravated child abuse,
  405         (i) Aggravated abuse of an elderly person or disabled
  406  adult,
  407         (j) Aircraft piracy,
  408         (k) Unlawful throwing, placing, or discharging of a
  409  destructive device or bomb,
  410         (l) Unlawful distribution of any substance controlled under
  411  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  412  opium or any synthetic or natural salt, compound, derivative, or
  413  preparation of opium by a person 18 years of age or older, when
  414  such drug is proven to be the proximate cause of the death of
  415  the user,
  416         (m) Carjacking,
  417         (n) Home-invasion robbery,
  418         (o) Aggravated stalking,
  419         (p) Murder of another human being,
  420         (q) Aggravated fleeing or eluding with serious bodily
  421  injury or death,
  422         (r) Resisting an officer with violence to his or her
  423  person, or
  424         (s) Felony that is an act of terrorism or is in furtherance
  425  of an act of terrorism, including a felony under s. 775.30, s.
  426  775.32, s. 775.33, s. 775.34, or s. 775.35,
  427  
  428  is murder in the third degree and constitutes a felony of the
  429  second degree, punishable as provided in s. 775.082, s. 775.083,
  430  or s. 775.084.
  431         Section 8. For the purpose of incorporating the amendment
  432  made by this act to section 775.30, Florida Statutes, in a
  433  reference thereto, paragraph (c) of subsection (3) of section
  434  373.6055, Florida Statutes, is reenacted to read:
  435         373.6055 Criminal history checks for certain water
  436  management district employees and others.—
  437         (3)
  438         (c) In addition to other requirements for employment or
  439  access established by any water management district pursuant to
  440  its water management district’s security plan for buildings,
  441  facilities, and structures, each water management district’s
  442  security plan shall provide that:
  443         1. Any person who has within the past 7 years been
  444  convicted, regardless of whether adjudication was withheld, for
  445  a forcible felony as defined in s. 776.08; an act of terrorism
  446  as defined in s. 775.30; planting of a hoax bomb as provided in
  447  s. 790.165; any violation involving the manufacture, possession,
  448  sale, delivery, display, use, or attempted or threatened use of
  449  a weapon of mass destruction or hoax weapon of mass destruction
  450  as provided in s. 790.166; dealing in stolen property; any
  451  violation of s. 893.135; any violation involving the sale,
  452  manufacturing, delivery, or possession with intent to sell,
  453  manufacture, or deliver a controlled substance; burglary;
  454  robbery; any felony violation of s. 812.014; any violation of s.
  455  790.07; any crime an element of which includes use or possession
  456  of a firearm; any conviction for any similar offenses under the
  457  laws of another jurisdiction; or conviction for conspiracy to
  458  commit any of the listed offenses may not be qualified for
  459  initial employment within or authorized regular access to
  460  buildings, facilities, or structures defined in the water
  461  management district’s security plan as restricted access areas.
  462         2. Any person who has at any time been convicted of any of
  463  the offenses listed in subparagraph 1. may not be qualified for
  464  initial employment within or authorized regular access to
  465  buildings, facilities, or structures defined in the water
  466  management district’s security plan as restricted access areas
  467  unless, after release from incarceration and any supervision
  468  imposed as a sentence, the person remained free from a
  469  subsequent conviction, regardless of whether adjudication was
  470  withheld, for any of the listed offenses for a period of at
  471  least 7 years prior to the employment or access date under
  472  consideration.
  473         Section 9. For the purpose of incorporating the amendment
  474  made by this act to section 775.30, Florida Statutes, in a
  475  reference thereto, subsection (1) of section 381.95, Florida
  476  Statutes, is reenacted to read:
  477         381.95 Medical facility information maintained for
  478  terrorism response purposes; confidentiality.—
  479         (1) Any information identifying or describing the name,
  480  location, pharmaceutical cache, contents, capacity, equipment,
  481  physical features, or capabilities of individual medical
  482  facilities, storage facilities, or laboratories established,
  483  maintained, or regulated by the Department of Health as part of
  484  the state’s plan to defend against an act of terrorism as
  485  defined in s. 775.30 is exempt from s. 119.07(1) and s. 24(a),
  486  Art. I of the State Constitution. This exemption is remedial in
  487  nature, and it is the intent of the Legislature that this
  488  exemption apply to information held by the Department of Health
  489  before, on, or after the effective date of this section.
  490         Section 10. For the purpose of incorporating the amendment
  491  made by this act to section 775.30, Florida Statutes, in
  492  references thereto, paragraph (a) of subsection (1) and
  493  subsection (2) of section 395.1056, Florida Statutes, are
  494  reenacted to read:
  495         395.1056 Plan components addressing a hospital’s response
  496  to terrorism; public records exemption; public meetings
  497  exemption.—
  498         (1)(a) Those portions of a comprehensive emergency
  499  management plan that address the response of a public or private
  500  hospital to an act of terrorism as defined by s. 775.30 held by
  501  the agency, a state or local law enforcement agency, a county or
  502  municipal emergency management agency, the Executive Office of
  503  the Governor, the Department of Health, or the Division of
  504  Emergency Management are confidential and exempt from s.
  505  119.07(1) and s. 24(a), Art. I of the State Constitution.
  506         (2) Those portions of a comprehensive emergency management
  507  plan that address the response of a public hospital to an act of
  508  terrorism as defined by s. 775.30 held by that public hospital
  509  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  510  Constitution. Portions of a comprehensive emergency management
  511  plan that address the response of a public hospital to an act of
  512  terrorism include those portions addressing:
  513         (a) Security systems or plans;
  514         (b) Vulnerability analyses;
  515         (c) Emergency evacuation transportation;
  516         (d) Sheltering arrangements;
  517         (e) Postdisaster activities, including provisions for
  518  emergency power, communications, food, and water;
  519         (f) Postdisaster transportation;
  520         (g) Supplies, including drug caches;
  521         (h) Staffing;
  522         (i) Emergency equipment; and
  523         (j) Individual identification of residents, transfer of
  524  records, and methods of responding to family inquiries.
  525         Section 11. For the purpose of incorporating the amendment
  526  made by this act to section 775.30, Florida Statutes, in a
  527  reference thereto, subsection (7) of section 874.03, Florida
  528  Statutes, is reenacted to read:
  529         874.03 Definitions.—As used in this chapter:
  530         (7) “Terrorist organization” means any organized group
  531  engaged in or organized for the purpose of engaging in terrorism
  532  as defined in s. 775.30. This definition shall not be construed
  533  to prevent prosecution under this chapter of individuals acting
  534  alone.
  535         Section 12. For the purpose of incorporating the amendment
  536  made by this act to section 775.30, Florida Statutes, in a
  537  reference thereto, paragraph (a) of subsection (4) of section
  538  907.041, Florida Statutes, is reenacted to read:
  539         907.041 Pretrial detention and release.—
  540         (4) PRETRIAL DETENTION.—
  541         (a) As used in this subsection, “dangerous crime” means any
  542  of the following:
  543         1. Arson;
  544         2. Aggravated assault;
  545         3. Aggravated battery;
  546         4. Illegal use of explosives;
  547         5. Child abuse or aggravated child abuse;
  548         6. Abuse of an elderly person or disabled adult, or
  549  aggravated abuse of an elderly person or disabled adult;
  550         7. Aircraft piracy;
  551         8. Kidnapping;
  552         9. Homicide;
  553         10. Manslaughter;
  554         11. Sexual battery;
  555         12. Robbery;
  556         13. Carjacking;
  557         14. Lewd, lascivious, or indecent assault or act upon or in
  558  presence of a child under the age of 16 years;
  559         15. Sexual activity with a child, who is 12 years of age or
  560  older but less than 18 years of age, by or at solicitation of
  561  person in familial or custodial authority;
  562         16. Burglary of a dwelling;
  563         17. Stalking and aggravated stalking;
  564         18. Act of domestic violence as defined in s. 741.28;
  565         19. Home invasion robbery;
  566         20. Act of terrorism as defined in s. 775.30;
  567         21. Manufacturing any substances in violation of chapter
  568  893; and
  569         22. Attempting or conspiring to commit any such crime.
  570         Section 13. For the purpose of incorporating the amendment
  571  made by this act to section 775.30, Florida Statutes, in a
  572  reference thereto, subsection (2) of section 943.0312, Florida
  573  Statutes, is reenacted to read:
  574         943.0312 Regional domestic security task forces.—The
  575  Legislature finds that there is a need to develop and implement
  576  a statewide strategy to address prevention, preparation,
  577  protection, response, and recovery efforts by federal, state,
  578  and local law enforcement agencies, emergency management
  579  agencies, fire and rescue departments, first-responder personnel
  580  and others in dealing with potential or actual terrorist acts
  581  within or affecting this state.
  582         (2) In accordance with the state’s domestic security
  583  strategic goals and objectives, each task force shall coordinate
  584  efforts to counter terrorism, as defined by s. 775.30, among
  585  local, state, and federal resources to ensure that such efforts
  586  are not fragmented or unnecessarily duplicated; coordinate
  587  training for local and state personnel to counter terrorism as
  588  defined by s. 775.30; coordinate the collection and
  589  dissemination of investigative and intelligence information; and
  590  facilitate responses to terrorist incidents within or affecting
  591  each region. With the approval of the Chief of Domestic
  592  Security, the task forces may incorporate other objectives
  593  reasonably related to the goals of enhancing the state’s
  594  domestic security and ability to detect, prevent, and respond to
  595  acts of terrorism within or affecting this state. Each task
  596  force shall take into account the variety of conditions and
  597  resources present within its region.
  598         Section 14. For the purpose of incorporating the amendment
  599  made by this act to section 775.30, Florida Statutes, in a
  600  reference thereto, subsection (2) of section 943.0321, Florida
  601  Statutes, is reenacted to read:
  602         943.0321 The Florida Domestic Security and Counter
  603  Terrorism Intelligence Center and the Florida Domestic Security
  604  and Counter-Terrorism Database.—
  605         (2) The intelligence center shall:
  606         (a) Gather, document, and analyze active criminal
  607  intelligence and criminal investigative information related to
  608  terrorism, as defined in s. 775.30, including information
  609  related to individuals or groups that plot, plan, or coordinate
  610  acts of terrorism, as defined in s. 775.30, and that operate
  611  within this state or otherwise commit acts affecting this state;
  612         (b) Maintain and operate the domestic security and counter
  613  terrorism database; and
  614         (c) Provide support and assistance to federal, state, and
  615  local law enforcement agencies and prosecutors that investigate
  616  or prosecute terrorism, as defined in s. 775.30.
  617         Section 15. For the purpose of incorporating the amendment
  618  made by this act to section 782.04, Florida Statutes, in a
  619  reference thereto, subsection (2) of section 27.401, Florida
  620  Statutes, is reenacted to read:
  621         27.401 Cross-Circuit Conflict Representation Pilot
  622  Program.—
  623         (2) Notwithstanding ss. 27.40 and 27.5305:
  624         (a) If the public defender in the Tenth Judicial Circuit is
  625  unable to provide representation to an indigent defendant
  626  charged with a crime under s. 782.04(2), (3), or (4) due to a
  627  conflict of interest and the criminal conflict and civil
  628  regional counsel of the Second Region is also unable to provide
  629  representation for the case due to a conflict of interest, the
  630  public defender in the Thirteenth Judicial Circuit shall be
  631  appointed. If the public defender in the Thirteenth Judicial
  632  Circuit is unable to provide representation for the case due to
  633  a conflict of interest, the criminal conflict and civil regional
  634  counsel in the Fifth Region shall be appointed. If the criminal
  635  conflict and civil regional counsel in the Fifth Region is
  636  unable to provide representation due to a conflict of interest,
  637  private counsel shall be appointed.
  638         (b) If the public defender in the Thirteenth Judicial
  639  Circuit is unable to provide representation to an indigent
  640  defendant charged with a crime under s. 782.04(2), (3), or (4)
  641  due to a conflict of interest and the criminal conflict and
  642  civil regional counsel of the Second Region is also unable to
  643  provide representation for the case due to a conflict of
  644  interest, the public defender in the Tenth Judicial Circuit
  645  shall be appointed. If the public defender in the Tenth Judicial
  646  Circuit is unable to provide representation for the case due to
  647  a conflict of interest, the criminal conflict and civil regional
  648  counsel in the Fifth Region shall be appointed. If the criminal
  649  conflict and civil regional counsel in the Fifth Region is
  650  unable to provide representation due to a conflict of interest,
  651  private counsel shall be appointed.
  652         Section 16. For the purpose of incorporating the amendment
  653  made by this act to section 782.04, Florida Statutes, in a
  654  reference thereto, paragraph (d) of subsection (1) of section
  655  39.806, Florida Statutes, is reenacted to read:
  656         39.806 Grounds for termination of parental rights.—
  657         (1) Grounds for the termination of parental rights may be
  658  established under any of the following circumstances:
  659         (d) When the parent of a child is incarcerated and either:
  660         1. The period of time for which the parent is expected to
  661  be incarcerated will constitute a significant portion of the
  662  child’s minority. When determining whether the period of time is
  663  significant, the court shall consider the child’s age and the
  664  child’s need for a permanent and stable home. The period of time
  665  begins on the date that the parent enters into incarceration;
  666         2. The incarcerated parent has been determined by the court
  667  to be a violent career criminal as defined in s. 775.084, a
  668  habitual violent felony offender as defined in s. 775.084, or a
  669  sexual predator as defined in s. 775.21; has been convicted of
  670  first degree or second degree murder in violation of s. 782.04
  671  or a sexual battery that constitutes a capital, life, or first
  672  degree felony violation of s. 794.011; or has been convicted of
  673  an offense in another jurisdiction which is substantially
  674  similar to one of the offenses listed in this paragraph. As used
  675  in this section, the term “substantially similar offense” means
  676  any offense that is substantially similar in elements and
  677  penalties to one of those listed in this subparagraph, and that
  678  is in violation of a law of any other jurisdiction, whether that
  679  of another state, the District of Columbia, the United States or
  680  any possession or territory thereof, or any foreign
  681  jurisdiction; or
  682         3. The court determines by clear and convincing evidence
  683  that continuing the parental relationship with the incarcerated
  684  parent would be harmful to the child and, for this reason, that
  685  termination of the parental rights of the incarcerated parent is
  686  in the best interest of the child. When determining harm, the
  687  court shall consider the following factors:
  688         a. The age of the child.
  689         b. The relationship between the child and the parent.
  690         c. The nature of the parent’s current and past provision
  691  for the child’s developmental, cognitive, psychological, and
  692  physical needs.
  693         d. The parent’s history of criminal behavior, which may
  694  include the frequency of incarceration and the unavailability of
  695  the parent to the child due to incarceration.
  696         e. Any other factor the court deems relevant.
  697         Section 17. For the purpose of incorporating the amendment
  698  made by this act to section 782.04, Florida Statutes, in a
  699  reference thereto, paragraph (b) of subsection (4) of section
  700  63.089, Florida Statutes, is reenacted to read:
  701         63.089 Proceeding to terminate parental rights pending
  702  adoption; hearing; grounds; dismissal of petition; judgment.—
  703         (4) FINDING OF ABANDONMENT.—A finding of abandonment
  704  resulting in a termination of parental rights must be based upon
  705  clear and convincing evidence that a parent or person having
  706  legal custody has abandoned the child in accordance with the
  707  definition contained in s. 63.032. A finding of abandonment may
  708  also be based upon emotional abuse or a refusal to provide
  709  reasonable financial support, when able, to a birth mother
  710  during her pregnancy or on whether the person alleged to have
  711  abandoned the child, while being able, failed to establish
  712  contact with the child or accept responsibility for the child’s
  713  welfare.
  714         (b) The child has been abandoned when the parent of a child
  715  is incarcerated on or after October 1, 2001, in a federal,
  716  state, or county correctional institution and:
  717         1. The period of time for which the parent has been or is
  718  expected to be incarcerated will constitute a significant
  719  portion of the child’s minority. In determining whether the
  720  period of time is significant, the court shall consider the
  721  child’s age and the child’s need for a permanent and stable
  722  home. The period of time begins on the date that the parent
  723  enters into incarceration;
  724         2. The incarcerated parent has been determined by a court
  725  of competent jurisdiction to be a violent career criminal as
  726  defined in s. 775.084, a habitual violent felony offender as
  727  defined in s. 775.084, convicted of child abuse as defined in s.
  728  827.03, or a sexual predator as defined in s. 775.21; has been
  729  convicted of first degree or second degree murder in violation
  730  of s. 782.04 or a sexual battery that constitutes a capital,
  731  life, or first degree felony violation of s. 794.011; or has
  732  been convicted of a substantially similar offense in another
  733  jurisdiction. As used in this section, the term “substantially
  734  similar offense” means any offense that is substantially similar
  735  in elements and penalties to one of those listed in this
  736  subparagraph, and that is in violation of a law of any other
  737  jurisdiction, whether that of another state, the District of
  738  Columbia, the United States or any possession or territory
  739  thereof, or any foreign jurisdiction; or
  740         3. The court determines by clear and convincing evidence
  741  that continuing the parental relationship with the incarcerated
  742  parent would be harmful to the child and, for this reason,
  743  termination of the parental rights of the incarcerated parent is
  744  in the best interests of the child.
  745         Section 18. For the purpose of incorporating the amendment
  746  made by this act to section 782.04, Florida Statutes, in a
  747  reference thereto, subsection (10) of section 95.11, Florida
  748  Statutes, is reenacted to read:
  749         95.11 Limitations other than for the recovery of real
  750  property.—Actions other than for recovery of real property shall
  751  be commenced as follows:
  752         (10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS
  753  DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph
  754  (4)(d), an action for wrongful death seeking damages authorized
  755  under s. 768.21 brought against a natural person for an
  756  intentional tort resulting in death from acts described in s.
  757  782.04 or s. 782.07 may be commenced at any time. This
  758  subsection shall not be construed to require an arrest, the
  759  filing of formal criminal charges, or a conviction for a
  760  violation of s. 782.04 or s. 782.07 as a condition for filing a
  761  civil action.
  762         Section 19. For the purpose of incorporating the amendment
  763  made by this act to section 782.04, Florida Statutes, in a
  764  reference thereto, paragraph (e) of subsection (2) of section
  765  435.04, Florida Statutes, is reenacted to read:
  766         435.04 Level 2 screening standards.—
  767         (2) The security background investigations under this
  768  section must ensure that no persons subject to the provisions of
  769  this section have been arrested for and are awaiting final
  770  disposition of, have been found guilty of, regardless of
  771  adjudication, or entered a plea of nolo contendere or guilty to,
  772  or have been adjudicated delinquent and the record has not been
  773  sealed or expunged for, any offense prohibited under any of the
  774  following provisions of state law or similar law of another
  775  jurisdiction:
  776         (e) Section 782.04, relating to murder.
  777         Section 20. For the purpose of incorporating the amendment
  778  made by this act to section 782.04, Florida Statutes, in a
  779  reference thereto, paragraph (c) of subsection (4) of section
  780  435.07, Florida Statutes, is reenacted to read:
  781         435.07 Exemptions from disqualification.—Unless otherwise
  782  provided by law, the provisions of this section apply to
  783  exemptions from disqualification for disqualifying offenses
  784  revealed pursuant to background screenings required under this
  785  chapter, regardless of whether those disqualifying offenses are
  786  listed in this chapter or other laws.
  787         (4)
  788         (c) Disqualification from employment under this chapter may
  789  not be removed from, and an exemption may not be granted to, any
  790  current or prospective child care personnel, as defined in s.
  791  402.302(3), and such a person is disqualified from employment as
  792  child care personnel, regardless of any previous exemptions from
  793  disqualification, if the person has been registered as a sex
  794  offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
  795  arrested for and is awaiting final disposition of, has been
  796  convicted or found guilty of, or entered a plea of guilty or
  797  nolo contendere to, regardless of adjudication, or has been
  798  adjudicated delinquent and the record has not been sealed or
  799  expunged for, any offense prohibited under any of the following
  800  provisions of state law or a similar law of another
  801  jurisdiction:
  802         1. A felony offense prohibited under any of the following
  803  statutes:
  804         a. Chapter 741, relating to domestic violence.
  805         b. Section 782.04, relating to murder.
  806         c. Section 782.07, relating to manslaughter, aggravated
  807  manslaughter of an elderly person or disabled adult, aggravated
  808  manslaughter of a child, or aggravated manslaughter of an
  809  officer, a firefighter, an emergency medical technician, or a
  810  paramedic.
  811         d. Section 784.021, relating to aggravated assault.
  812         e. Section 784.045, relating to aggravated battery.
  813         f. Section 787.01, relating to kidnapping.
  814         g. Section 787.025, relating to luring or enticing a child.
  815         h. Section 787.04(2), relating to leading, taking,
  816  enticing, or removing a minor beyond the state limits, or
  817  concealing the location of a minor, with criminal intent pending
  818  custody proceedings.
  819         i. Section 787.04(3), relating to leading, taking,
  820  enticing, or removing a minor beyond the state limits, or
  821  concealing the location of a minor, with criminal intent pending
  822  dependency proceedings or proceedings concerning alleged abuse
  823  or neglect of a minor.
  824         j. Section 794.011, relating to sexual battery.
  825         k. Former s. 794.041, relating to sexual activity with or
  826  solicitation of a child by a person in familial or custodial
  827  authority.
  828         l. Section 794.05, relating to unlawful sexual activity
  829  with certain minors.
  830         m. Section 794.08, relating to female genital mutilation.
  831         n. Section 806.01, relating to arson.
  832         o. Section 826.04, relating to incest.
  833         p. Section 827.03, relating to child abuse, aggravated
  834  child abuse, or neglect of a child.
  835         q. Section 827.04, relating to contributing to the
  836  delinquency or dependency of a child.
  837         r. Section 827.071, relating to sexual performance by a
  838  child.
  839         s. Chapter 847, relating to child pornography.
  840         t. Section 985.701, relating to sexual misconduct in
  841  juvenile justice programs.
  842         2. A misdemeanor offense prohibited under any of the
  843  following statutes:
  844         a. Section 784.03, relating to battery, if the victim of
  845  the offense was a minor.
  846         b. Section 787.025, relating to luring or enticing a child.
  847         c. Chapter 847, relating to child pornography.
  848         3. A criminal act committed in another state or under
  849  federal law which, if committed in this state, constitutes an
  850  offense prohibited under any statute listed in subparagraph 1.
  851  or subparagraph 2.
  852         Section 21. For the purpose of incorporating the amendment
  853  made by this act to section 782.04, Florida Statutes, in
  854  references thereto, paragraph (b) of subsection (1) and
  855  paragraphs (a), (b), and (c) of subsection (3) of section
  856  775.082, Florida Statutes, are reenacted to read:
  857         775.082 Penalties; applicability of sentencing structures;
  858  mandatory minimum sentences for certain reoffenders previously
  859  released from prison.—
  860         (1)
  861         (b)1. A person who actually killed, intended to kill, or
  862  attempted to kill the victim and who is convicted under s.
  863  782.04 of a capital felony, or an offense that was reclassified
  864  as a capital felony, which was committed before the person
  865  attained 18 years of age shall be punished by a term of
  866  imprisonment for life if, after a sentencing hearing conducted
  867  by the court in accordance with s. 921.1401, the court finds
  868  that life imprisonment is an appropriate sentence. If the court
  869  finds that life imprisonment is not an appropriate sentence,
  870  such person shall be punished by a term of imprisonment of at
  871  least 40 years. A person sentenced pursuant to this subparagraph
  872  is entitled to a review of his or her sentence in accordance
  873  with s. 921.1402(2)(a).
  874         2. A person who did not actually kill, intend to kill, or
  875  attempt to kill the victim and who is convicted under s. 782.04
  876  of a capital felony, or an offense that was reclassified as a
  877  capital felony, which was committed before the person attained
  878  18 years of age may be punished by a term of imprisonment for
  879  life or by a term of years equal to life if, after a sentencing
  880  hearing conducted by the court in accordance with s. 921.1401,
  881  the court finds that life imprisonment is an appropriate
  882  sentence. A person who is sentenced to a term of imprisonment of
  883  more than 15 years is entitled to a review of his or her
  884  sentence in accordance with s. 921.1402(2)(c).
  885         3. The court shall make a written finding as to whether a
  886  person is eligible for a sentence review hearing under s.
  887  921.1402(2)(a) or (c). Such a finding shall be based upon
  888  whether the person actually killed, intended to kill, or
  889  attempted to kill the victim. The court may find that multiple
  890  defendants killed, intended to kill, or attempted to kill the
  891  victim.
  892         (3) A person who has been convicted of any other designated
  893  felony may be punished as follows:
  894         (a)1. For a life felony committed before October 1, 1983,
  895  by a term of imprisonment for life or for a term of at least 30
  896  years.
  897         2. For a life felony committed on or after October 1, 1983,
  898  by a term of imprisonment for life or by a term of imprisonment
  899  not exceeding 40 years.
  900         3. Except as provided in subparagraph 4., for a life felony
  901  committed on or after July 1, 1995, by a term of imprisonment
  902  for life or by imprisonment for a term of years not exceeding
  903  life imprisonment.
  904         4.a. Except as provided in sub-subparagraph b., for a life
  905  felony committed on or after September 1, 2005, which is a
  906  violation of s. 800.04(5)(b), by:
  907         (I) A term of imprisonment for life; or
  908         (II) A split sentence that is a term of at least 25 years’
  909  imprisonment and not exceeding life imprisonment, followed by
  910  probation or community control for the remainder of the person’s
  911  natural life, as provided in s. 948.012(4).
  912         b. For a life felony committed on or after July 1, 2008,
  913  which is a person’s second or subsequent violation of s.
  914  800.04(5)(b), by a term of imprisonment for life.
  915         5. Notwithstanding subparagraphs 1.-4., a person who is
  916  convicted under s. 782.04 of an offense that was reclassified as
  917  a life felony which was committed before the person attained 18
  918  years of age may be punished by a term of imprisonment for life
  919  or by a term of years equal to life imprisonment if the judge
  920  conducts a sentencing hearing in accordance with s. 921.1401 and
  921  finds that life imprisonment or a term of years equal to life
  922  imprisonment is an appropriate sentence.
  923         a. A person who actually killed, intended to kill, or
  924  attempted to kill the victim and is sentenced to a term of
  925  imprisonment of more than 25 years is entitled to a review of
  926  his or her sentence in accordance with s. 921.1402(2)(b).
  927         b. A person who did not actually kill, intend to kill, or
  928  attempt to kill the victim and is sentenced to a term of
  929  imprisonment of more than 15 years is entitled to a review of
  930  his or her sentence in accordance with s. 921.1402(2)(c).
  931         c. The court shall make a written finding as to whether a
  932  person is eligible for a sentence review hearing under s.
  933  921.1402(2)(b) or (c). Such a finding shall be based upon
  934  whether the person actually killed, intended to kill, or
  935  attempted to kill the victim. The court may find that multiple
  936  defendants killed, intended to kill, or attempted to kill the
  937  victim.
  938         6. For a life felony committed on or after October 1, 2014,
  939  which is a violation of s. 787.06(3)(g), by a term of
  940  imprisonment for life.
  941         (b)1. For a felony of the first degree, by a term of
  942  imprisonment not exceeding 30 years or, when specifically
  943  provided by statute, by imprisonment for a term of years not
  944  exceeding life imprisonment.
  945         2. Notwithstanding subparagraph 1., a person convicted
  946  under s. 782.04 of a first degree felony punishable by a term of
  947  years not exceeding life imprisonment, or an offense that was
  948  reclassified as a first degree felony punishable by a term of
  949  years not exceeding life, which was committed before the person
  950  attained 18 years of age may be punished by a term of years
  951  equal to life imprisonment if the judge conducts a sentencing
  952  hearing in accordance with s. 921.1401 and finds that a term of
  953  years equal to life imprisonment is an appropriate sentence.
  954         a. A person who actually killed, intended to kill, or
  955  attempted to kill the victim and is sentenced to a term of
  956  imprisonment of more than 25 years is entitled to a review of
  957  his or her sentence in accordance with s. 921.1402(2)(b).
  958         b. A person who did not actually kill, intend to kill, or
  959  attempt to kill the victim and is sentenced to a term of
  960  imprisonment of more than 15 years is entitled to a review of
  961  his or her sentence in accordance with s. 921.1402(2)(c).
  962         c. The court shall make a written finding as to whether a
  963  person is eligible for a sentence review hearing under s.
  964  921.1402(2)(b) or (c). Such a finding shall be based upon
  965  whether the person actually killed, intended to kill, or
  966  attempted to kill the victim. The court may find that multiple
  967  defendants killed, intended to kill, or attempted to kill the
  968  victim.
  969         (c) Notwithstanding paragraphs (a) and (b), a person
  970  convicted of an offense that is not included in s. 782.04 but
  971  that is an offense that is a life felony or is punishable by a
  972  term of imprisonment for life or by a term of years not
  973  exceeding life imprisonment, or an offense that was reclassified
  974  as a life felony or an offense punishable by a term of
  975  imprisonment for life or by a term of years not exceeding life
  976  imprisonment, which was committed before the person attained 18
  977  years of age may be punished by a term of imprisonment for life
  978  or a term of years equal to life imprisonment if the judge
  979  conducts a sentencing hearing in accordance with s. 921.1401 and
  980  finds that life imprisonment or a term of years equal to life
  981  imprisonment is an appropriate sentence. A person who is
  982  sentenced to a term of imprisonment of more than 20 years is
  983  entitled to a review of his or her sentence in accordance with
  984  s. 921.1402(2)(d).
  985         Section 22. For the purpose of incorporating the amendment
  986  made by this act to section 782.04, Florida Statutes, in
  987  references thereto, subsections (1), (2), (4), (5), (6), and (7)
  988  of section 775.0823, Florida Statutes, are reenacted to read:
  989         775.0823 Violent offenses committed against law enforcement
  990  officers, correctional officers, state attorneys, assistant
  991  state attorneys, justices, or judges.—The Legislature does
  992  hereby provide for an increase and certainty of penalty for any
  993  person convicted of a violent offense against any law
  994  enforcement or correctional officer, as defined in s. 943.10(1),
  995  (2), (3), (6), (7), (8), or (9); against any state attorney
  996  elected pursuant to s. 27.01 or assistant state attorney
  997  appointed under s. 27.181; or against any justice or judge of a
  998  court described in Art. V of the State Constitution, which
  999  offense arises out of or in the scope of the officer’s duty as a
 1000  law enforcement or correctional officer, the state attorney’s or
 1001  assistant state attorney’s duty as a prosecutor or investigator,
 1002  or the justice’s or judge’s duty as a judicial officer, as
 1003  follows:
 1004         (1) For murder in the first degree as described in s.
 1005  782.04(1), if the death sentence is not imposed, a sentence of
 1006  imprisonment for life without eligibility for release.
 1007         (2) For attempted murder in the first degree as described
 1008  in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
 1009  or s. 775.084.
 1010         (4) For murder in the second degree as described in s.
 1011  782.04(2) and (3), a sentence pursuant to s. 775.082, s.
 1012  775.083, or s. 775.084.
 1013         (5) For attempted murder in the second degree as described
 1014  in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
 1015  775.083, or s. 775.084.
 1016         (6) For murder in the third degree as described in s.
 1017  782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
 1018  775.084.
 1019         (7) For attempted murder in the third degree as described
 1020  in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
 1021  or s. 775.084.
 1022  
 1023  Notwithstanding the provisions of s. 948.01, with respect to any
 1024  person who is found to have violated this section, adjudication
 1025  of guilt or imposition of sentence shall not be suspended,
 1026  deferred, or withheld.
 1027         Section 23. For the purpose of incorporating the amendment
 1028  made by this act to section 782.04, Florida Statutes, in a
 1029  reference thereto, section 782.051, Florida Statutes, is
 1030  reenacted to read:
 1031         782.051 Attempted felony murder.—
 1032         (1) Any person who perpetrates or attempts to perpetrate
 1033  any felony enumerated in s. 782.04(3) and who commits, aids, or
 1034  abets an intentional act that is not an essential element of the
 1035  felony and that could, but does not, cause the death of another
 1036  commits a felony of the first degree, punishable by imprisonment
 1037  for a term of years not exceeding life, or as provided in s.
 1038  775.082, s. 775.083, or s. 775.084, which is an offense ranked
 1039  in level 9 of the Criminal Punishment Code. Victim injury points
 1040  shall be scored under this subsection.
 1041         (2) Any person who perpetrates or attempts to perpetrate
 1042  any felony other than a felony enumerated in s. 782.04(3) and
 1043  who commits, aids, or abets an intentional act that is not an
 1044  essential element of the felony and that could, but does not,
 1045  cause the death of another commits a felony of the first degree,
 1046  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
 1047  which is an offense ranked in level 8 of the Criminal Punishment
 1048  Code. Victim injury points shall be scored under this
 1049  subsection.
 1050         (3) When a person is injured during the perpetration of or
 1051  the attempt to perpetrate any felony enumerated in s. 782.04(3)
 1052  by a person other than the person engaged in the perpetration of
 1053  or the attempt to perpetrate such felony, the person
 1054  perpetrating or attempting to perpetrate such felony commits a
 1055  felony of the second degree, punishable as provided in s.
 1056  775.082, s. 775.083, or s. 775.084, which is an offense ranked
 1057  in level 7 of the Criminal Punishment Code. Victim injury points
 1058  shall be scored under this subsection.
 1059         Section 24. For the purpose of incorporating the amendment
 1060  made by this act to section 782.04, Florida Statutes, in a
 1061  reference thereto, section 782.065, Florida Statutes, is
 1062  reenacted to read:
 1063         782.065 Murder; law enforcement officer, correctional
 1064  officer, correctional probation officer.—Notwithstanding ss.
 1065  775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
 1066  shall be sentenced to life imprisonment without eligibility for
 1067  release upon findings by the trier of fact that, beyond a
 1068  reasonable doubt:
 1069         (1) The defendant committed murder in the first degree in
 1070  violation of s. 782.04(1) and a death sentence was not imposed;
 1071  murder in the second or third degree in violation of s.
 1072  782.04(2), (3), or (4); attempted murder in the first or second
 1073  degree in violation of s. 782.04(1)(a)1. or (2); or attempted
 1074  felony murder in violation of s. 782.051; and
 1075         (2) The victim of any offense described in subsection (1)
 1076  was a law enforcement officer, part-time law enforcement
 1077  officer, auxiliary law enforcement officer, correctional
 1078  officer, part-time correctional officer, auxiliary correctional
 1079  officer, correctional probation officer, part-time correctional
 1080  probation officer, or auxiliary correctional probation officer,
 1081  as those terms are defined in s. 943.10, engaged in the lawful
 1082  performance of a legal duty.
 1083         Section 25. For the purpose of incorporating the amendment
 1084  made by this act to section 782.04, Florida Statutes, in a
 1085  reference thereto, section 903.133, Florida Statutes, is
 1086  reenacted to read:
 1087         903.133 Bail on appeal; prohibited for certain felony
 1088  convictions.—Notwithstanding the provisions of s. 903.132, no
 1089  person adjudged guilty of a felony of the first degree for a
 1090  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
 1091  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
 1092  violation of s. 794.011(2) or (3), shall be admitted to bail
 1093  pending review either by posttrial motion or appeal.
 1094         Section 26. For the purpose of incorporating the amendment
 1095  made by this act to section 782.04, Florida Statutes, in
 1096  references thereto, paragraphs (h) and (i) of subsection (3) of
 1097  section 921.0022, Florida Statutes, are reenacted to read:
 1098         921.0022 Criminal Punishment Code; offense severity ranking
 1099  chart.—
 1100         (3) OFFENSE SEVERITY RANKING CHART
 1101         (h) LEVEL 8
 1102  
 1103  FloridaStatute            FelonyDegree         Description         
 1104  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
 1105  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
 1106  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
 1107  499.0051(7)                    1st     Knowing trafficking in contraband prescription drugs.
 1108  499.0051(8)                    1st     Knowing forgery of prescription labels or prescription drug labels.
 1109  560.123(8)(b)2.                2nd     Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
 1110  560.125(5)(b)                  2nd     Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
 1111  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
 1112  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
 1113  782.04(4)                      2nd     Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
 1114  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
 1115  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
 1116  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
 1117  787.06(3)(a)1.                 1st     Human trafficking for labor and services of a child.
 1118  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity of an adult.
 1119  787.06(3)(c)2.                 1st     Human trafficking using coercion for labor and services of an unauthorized alien adult.
 1120  787.06(3)(e)1.                 1st     Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
 1121  787.06(3)(f)2.                 1st     Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
 1122  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
 1123  794.011(5)(a)                  1st     Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
 1124  794.011(5)(b)                  2nd     Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
 1125  794.011(5)(c)                  2nd     Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
 1126  794.011(5)(d)                  1st     Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
 1127  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
 1128  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
 1129  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
 1130  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
 1131  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
 1132  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
 1133  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
 1134  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
 1135  812.13(2)(b)                   1st     Robbery with a weapon.      
 1136  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
 1137  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
 1138  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
 1139  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
 1140  817.535(5)(a)                  2nd     Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
 1141  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
 1142  817.611(2)(c)                  1st     Traffic in or possess 50 or more counterfeit credit cards or related documents.
 1143  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
 1144  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
 1145  825.103(3)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
 1146  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
 1147  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
 1148  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
 1149  860.16                         1st     Aircraft piracy.            
 1150  893.13(1)(b)                   1st     Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 1151  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 1152  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 1153  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
 1154  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
 1155  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
 1156  893.135 (1)(c)2.c.             1st     Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
 1157  893.135 (1)(c)3.c.             1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
 1158  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
 1159  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
 1160  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, more than 28 grams, less than 200 grams.
 1161  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
 1162  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
 1163  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
 1164  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
 1165  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
 1166  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
 1167  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
 1168  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
 1169  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
 1170  896.104(4)(a)2.                2nd     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
 1171         (i) LEVEL 9
 1172  
 1173  FloridaStatute            FelonyDegree         Description         
 1174  316.193 (3)(c)3.b.             1st     DUI manslaughter; failing to render aid or give information.
 1175  327.35 (3)(c)3.b.              1st     BUI manslaughter; failing to render aid or give information.
 1176  409.920 (2)(b)1.c.             1st     Medicaid provider fraud; $50,000 or more.
 1177  499.0051(8)                    1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 1178  560.123(8)(b)3.                1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 1179  560.125(5)(c)                  1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 1180  655.50(10)(b)3.                1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 1181  775.0844                       1st     Aggravated white collar crime.
 1182  782.04(1)                      1st     Attempt, conspire, or solicit to commit premeditated murder.
 1183  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.
 1184  782.051(1)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 1185  782.07(2)                      1st     Aggravated manslaughter of an elderly person or disabled adult.
 1186  787.01(1)(a)1.               1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
 1187  787.01(1)(a)2.               1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
 1188  787.01(1)(a)4.               1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
 1189  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.
 1190  787.06(3)(c)1.                 1st     Human trafficking for labor and services of an unauthorized alien child.
 1191  787.06(3)(d)                   1st     Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
 1192  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.
 1193  790.161                        1st     Attempted capital destructive device offense.
 1194  790.166(2)                   1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
 1195  794.011(2)                     1st     Attempted sexual battery; victim less than 12 years of age.
 1196  794.011(2)                    Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 1197  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.
 1198  794.011(4)(b)                  1st     Sexual battery, certain circumstances; victim and offender 18 years of age or older.
 1199  794.011(4)(c)                  1st     Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
 1200  794.011(4)(d)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
 1201  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.
 1202  794.08(2)                      1st     Female genital mutilation; victim younger than 18 years of age.
 1203  800.04(5)(b)                  Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 1204  812.13(2)(a)                 1st,PBL   Robbery with firearm or other deadly weapon.
 1205  812.133(2)(a)                1st,PBL   Carjacking; firearm or other deadly weapon.
 1206  812.135(2)(b)                  1st     Home-invasion robbery with weapon.
 1207  817.535(3)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
 1208  817.535(4)(a)2.                1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
 1209  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.
 1210  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.
 1211  827.03(2)(a)                   1st     Aggravated child abuse.     
 1212  847.0145(1)                    1st     Selling, or otherwise transferring custody or control, of a minor.
 1213  847.0145(2)                    1st     Purchasing, or otherwise obtaining custody or control, of a minor.
 1214  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.
 1215  893.135                        1st     Attempted capital trafficking offense.
 1216  893.135(1)(a)3.                1st     Trafficking in cannabis, more than 10,000 lbs.
 1217  893.135 (1)(b)1.c.             1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 1218  893.135 (1)(c)1.c.             1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
 1219  893.135 (1)(c)2.d.             1st     Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
 1220  893.135 (1)(c)3.d.             1st     Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
 1221  893.135 (1)(d)1.c.             1st     Trafficking in phencyclidine, more than 400 grams.
 1222  893.135 (1)(e)1.c.             1st     Trafficking in methaqualone, more than 25 kilograms.
 1223  893.135 (1)(f)1.c.             1st     Trafficking in amphetamine, more than 200 grams.
 1224  893.135 (1)(h)1.c.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 1225  893.135 (1)(j)1.c.             1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
 1226  893.135 (1)(k)2.c.             1st     Trafficking in Phenethylamines, 400 grams or more.
 1227  896.101(5)(c)                  1st     Money laundering, financial instruments totaling or exceeding $100,000.
 1228  896.104(4)(a)3.                1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 1229  
 1230         Section 27. For the purpose of incorporating the amendment
 1231  made by this act to section 782.04, Florida Statutes, in a
 1232  reference thereto, subsection (1) of section 921.16, Florida
 1233  Statutes, is reenacted to read:
 1234         921.16 When sentences to be concurrent and when
 1235  consecutive.—
 1236         (1) A defendant convicted of two or more offenses charged
 1237  in the same indictment, information, or affidavit or in
 1238  consolidated indictments, informations, or affidavits shall
 1239  serve the sentences of imprisonment concurrently unless the
 1240  court directs that two or more of the sentences be served
 1241  consecutively. Sentences of imprisonment for offenses not
 1242  charged in the same indictment, information, or affidavit shall
 1243  be served consecutively unless the court directs that two or
 1244  more of the sentences be served concurrently. Any sentence for
 1245  sexual battery as defined in chapter 794 or murder as defined in
 1246  s. 782.04 must be imposed consecutively to any other sentence
 1247  for sexual battery or murder which arose out of a separate
 1248  criminal episode or transaction.
 1249         Section 28. For the purpose of incorporating the amendment
 1250  made by this act to section 782.04, Florida Statutes, in a
 1251  reference thereto, paragraph (i) of subsection (3) of section
 1252  947.146, Florida Statutes, is reenacted to read:
 1253         947.146 Control Release Authority.—
 1254         (3) Within 120 days prior to the date the state
 1255  correctional system is projected pursuant to s. 216.136 to
 1256  exceed 99 percent of total capacity, the authority shall
 1257  determine eligibility for and establish a control release date
 1258  for an appropriate number of parole ineligible inmates committed
 1259  to the department and incarcerated within the state who have
 1260  been determined by the authority to be eligible for
 1261  discretionary early release pursuant to this section. In
 1262  establishing control release dates, it is the intent of the
 1263  Legislature that the authority prioritize consideration of
 1264  eligible inmates closest to their tentative release date. The
 1265  authority shall rely upon commitment data on the offender
 1266  information system maintained by the department to initially
 1267  identify inmates who are to be reviewed for control release
 1268  consideration. The authority may use a method of objective risk
 1269  assessment in determining if an eligible inmate should be
 1270  released. Such assessment shall be a part of the department’s
 1271  management information system. However, the authority shall have
 1272  sole responsibility for determining control release eligibility,
 1273  establishing a control release date, and effectuating the
 1274  release of a sufficient number of inmates to maintain the inmate
 1275  population between 99 percent and 100 percent of total capacity.
 1276  Inmates who are ineligible for control release are inmates who
 1277  are parole eligible or inmates who:
 1278         (i) Are convicted, or have been previously convicted, of
 1279  committing or attempting to commit murder in the first, second,
 1280  or third degree under s. 782.04(1), (2), (3), or (4), or have
 1281  ever been convicted of any degree of murder or attempted murder
 1282  in another jurisdiction;
 1283  
 1284  In making control release eligibility determinations under this
 1285  subsection, the authority may rely on any document leading to or
 1286  generated during the course of the criminal proceedings,
 1287  including, but not limited to, any presentence or postsentence
 1288  investigation or any information contained in arrest reports
 1289  relating to circumstances of the offense.
 1290         Section 29. For the purpose of incorporating the amendment
 1291  made by this act to section 782.04, Florida Statutes, in a
 1292  reference thereto, paragraph (c) of subsection (8) of section
 1293  948.06, Florida Statutes, is reenacted to read:
 1294         948.06 Violation of probation or community control;
 1295  revocation; modification; continuance; failure to pay
 1296  restitution or cost of supervision.—
 1297         (8)
 1298         (c) For purposes of this section, the term “qualifying
 1299  offense” means any of the following:
 1300         1. Kidnapping or attempted kidnapping under s. 787.01,
 1301  false imprisonment of a child under the age of 13 under s.
 1302  787.02(3), or luring or enticing a child under s. 787.025(2)(b)
 1303  or (c).
 1304         2. Murder or attempted murder under s. 782.04, attempted
 1305  felony murder under s. 782.051, or manslaughter under s. 782.07.
 1306         3. Aggravated battery or attempted aggravated battery under
 1307  s. 784.045.
 1308         4. Sexual battery or attempted sexual battery under s.
 1309  794.011(2), (3), (4), or (8)(b) or (c).
 1310         5. Lewd or lascivious battery or attempted lewd or
 1311  lascivious battery under s. 800.04(4), lewd or lascivious
 1312  molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
 1313  conduct under s. 800.04(6)(b), lewd or lascivious exhibition
 1314  under s. 800.04(7)(b), or lewd or lascivious exhibition on
 1315  computer under s. 847.0135(5)(b).
 1316         6. Robbery or attempted robbery under s. 812.13, carjacking
 1317  or attempted carjacking under s. 812.133, or home invasion
 1318  robbery or attempted home invasion robbery under s. 812.135.
 1319         7. Lewd or lascivious offense upon or in the presence of an
 1320  elderly or disabled person or attempted lewd or lascivious
 1321  offense upon or in the presence of an elderly or disabled person
 1322  under s. 825.1025.
 1323         8. Sexual performance by a child or attempted sexual
 1324  performance by a child under s. 827.071.
 1325         9. Computer pornography under s. 847.0135(2) or (3),
 1326  transmission of child pornography under s. 847.0137, or selling
 1327  or buying of minors under s. 847.0145.
 1328         10. Poisoning food or water under s. 859.01.
 1329         11. Abuse of a dead human body under s. 872.06.
 1330         12. Any burglary offense or attempted burglary offense that
 1331  is either a first degree felony or second degree felony under s.
 1332  810.02(2) or (3).
 1333         13. Arson or attempted arson under s. 806.01(1).
 1334         14. Aggravated assault under s. 784.021.
 1335         15. Aggravated stalking under s. 784.048(3), (4), (5), or
 1336  (7).
 1337         16. Aircraft piracy under s. 860.16.
 1338         17. Unlawful throwing, placing, or discharging of a
 1339  destructive device or bomb under s. 790.161(2), (3), or (4).
 1340         18. Treason under s. 876.32.
 1341         19. Any offense committed in another jurisdiction which
 1342  would be an offense listed in this paragraph if that offense had
 1343  been committed in this state.
 1344         Section 30. For the purpose of incorporating the amendment
 1345  made by this act to section 782.04, Florida Statutes, in a
 1346  reference thereto, subsection (1) of section 948.062, Florida
 1347  Statutes, is reenacted to read:
 1348         948.062 Reviewing and reporting serious offenses committed
 1349  by offenders placed on probation or community control.—
 1350         (1) The department shall review the circumstances related
 1351  to an offender placed on probation or community control who has
 1352  been arrested while on supervision for the following offenses:
 1353         (a) Any murder as provided in s. 782.04;
 1354         (b) Any sexual battery as provided in s. 794.011 or s.
 1355  794.023;
 1356         (c) Any sexual performance by a child as provided in s.
 1357  827.071;
 1358         (d) Any kidnapping, false imprisonment, or luring of a
 1359  child as provided in s. 787.01, s. 787.02, or s. 787.025;
 1360         (e) Any lewd and lascivious battery or lewd and lascivious
 1361  molestation as provided in s. 800.04(4) or (5);
 1362         (f) Any aggravated child abuse as provided in s.
 1363  827.03(2)(a);
 1364         (g) Any robbery with a firearm or other deadly weapon, home
 1365  invasion robbery, or carjacking as provided in s. 812.13(2)(a),
 1366  s. 812.135, or s. 812.133;
 1367         (h) Any aggravated stalking as provided in s. 784.048(3),
 1368  (4), or (5);
 1369         (i) Any forcible felony as provided in s. 776.08, committed
 1370  by a person on probation or community control who is designated
 1371  as a sexual predator; or
 1372         (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
 1373  or vehicular or vessel homicide as provided in s. 782.071 or s.
 1374  782.072, committed by a person who is on probation or community
 1375  control for an offense involving death or injury resulting from
 1376  a driving incident.
 1377         Section 31. For the purpose of incorporating the amendment
 1378  made by this act to section 782.04, Florida Statutes, in a
 1379  reference thereto, paragraph (b) of subsection (3) of section
 1380  985.265, Florida Statutes, is reenacted to read:
 1381         985.265 Detention transfer and release; education; adult
 1382  jails.—
 1383         (3)
 1384         (b) When a juvenile is released from secure detention or
 1385  transferred to nonsecure detention, detention staff shall
 1386  immediately notify the appropriate law enforcement agency,
 1387  school personnel, and victim if the juvenile is charged with
 1388  committing any of the following offenses or attempting to commit
 1389  any of the following offenses:
 1390         1. Murder, under s. 782.04;
 1391         2. Sexual battery, under chapter 794;
 1392         3. Stalking, under s. 784.048; or
 1393         4. Domestic violence, as defined in s. 741.28.
 1394         Section 32. For the purpose of incorporating the amendment
 1395  made by this act to section 782.04, Florida Statutes, in a
 1396  reference thereto, paragraph (d) of subsection (1) of section
 1397  1012.315, Florida Statutes, is reenacted to read:
 1398         1012.315 Disqualification from employment.—A person is
 1399  ineligible for educator certification, and instructional
 1400  personnel and school administrators, as defined in s. 1012.01,
 1401  are ineligible for employment in any position that requires
 1402  direct contact with students in a district school system,
 1403  charter school, or private school that accepts scholarship
 1404  students under s. 1002.39 or s. 1002.395, if the person,
 1405  instructional personnel, or school administrator has been
 1406  convicted of:
 1407         (1) Any felony offense prohibited under any of the
 1408  following statutes:
 1409         (d) Section 782.04, relating to murder.
 1410         Section 33. For the purpose of incorporating the amendments
 1411  made by this act to sections 775.30 and 782.04, Florida
 1412  Statutes, in a reference thereto, paragraph (g) of subsection
 1413  (2) of section 1012.467, Florida Statutes, is reenacted to read:
 1414         1012.467 Noninstructional contractors who are permitted
 1415  access to school grounds when students are present; background
 1416  screening requirements.—
 1417         (2)
 1418         (g) A noninstructional contractor for whom a criminal
 1419  history check is required under this section may not have been
 1420  convicted of any of the following offenses designated in the
 1421  Florida Statutes, any similar offense in another jurisdiction,
 1422  or any similar offense committed in this state which has been
 1423  redesignated from a former provision of the Florida Statutes to
 1424  one of the following offenses:
 1425         1. Any offense listed in s. 943.0435(1)(h)1., relating to
 1426  the registration of an individual as a sexual offender.
 1427         2. Section 393.135, relating to sexual misconduct with
 1428  certain developmentally disabled clients and the reporting of
 1429  such sexual misconduct.
 1430         3. Section 394.4593, relating to sexual misconduct with
 1431  certain mental health patients and the reporting of such sexual
 1432  misconduct.
 1433         4. Section 775.30, relating to terrorism.
 1434         5. Section 782.04, relating to murder.
 1435         6. Section 787.01, relating to kidnapping.
 1436         7. Any offense under chapter 800, relating to lewdness and
 1437  indecent exposure.
 1438         8. Section 826.04, relating to incest.
 1439         9. Section 827.03, relating to child abuse, aggravated
 1440  child abuse, or neglect of a child.
 1441         Section 34. This act shall take effect October 1, 2017.