Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for HB 7125
       
       
       
       
       
       
                                Ì462662-Î462662                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/2R         .                                
             05/01/2019 07:14 PM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective July 1, 2019, paragraph (c) is added
    6  to subsection (4) and paragraph (e) is added to subsection (5)
    7  of section 16.555, Florida Statutes, to read:
    8         16.555 Crime Stoppers Trust Fund; rulemaking.—
    9         (4)
   10         (c)After an initial distribution of funds to the judicial
   11  circuit in which they were collected, up to 50 percent of the
   12  unencumbered funds returned to the Crime Stoppers Trust Fund
   13  from that circuit from a previous grant year, may, in subsequent
   14  grant years, be reallocated to other judicial circuits for
   15  special crime stoppers initiatives or other programs of the
   16  Florida Association of Crime Stoppers, as prioritized and
   17  determined by the department and the Florida Association of
   18  Crime Stoppers.
   19         (5)
   20         (e)A county that is awarded a grant under this section may
   21  use such funds to pay rewards for tips that result in any of the
   22  following:
   23         1.An arrest.
   24         2.The recovery of stolen property.
   25         3.The recovery of illegal narcotics.
   26         4.The recovery of the body of a homicide victim.
   27         5.The recovery of a human trafficking victim or a missing
   28  person connected to criminal activity.
   29         6.The recovery of an illegal firearm or an illegal weapon
   30  on a K-12 school campus.
   31         7.The prevention of a terrorist act.
   32         8.The solving and closing of a criminal case involving a
   33  homicide or other violent felony offense that remains unsolved
   34  for 1 year or more after being reported to a law enforcement
   35  agency and that has no viable and unexplored investigatory
   36  leads.
   37         Section 2. Section 16.557, Florida Statutes, is created to
   38  read:
   39         16.557Crime stoppers organizations; disclosure of
   40  privileged communications or protected information.—
   41         (1)As used in this section, the term:
   42         (a)“Crime stoppers organization” means a private not-for
   43  profit organization that collects and expends donations for
   44  rewards to persons who report to the organization information
   45  concerning criminal activity, and forwards that information to
   46  appropriate law enforcement agencies.
   47         (b)“Privileged communication” means the act of providing
   48  information to a crime stoppers organization for the purpose of
   49  reporting alleged criminal activity.
   50         (c)“Protected information” includes the identity of a
   51  person who engages in privileged communication with a crime
   52  stoppers organization and any records, recordings, oral or
   53  written statements, papers, documents, or other tangible items
   54  provided to or collected by a crime stoppers organization, a law
   55  enforcement crime stoppers coordinator or his or her staff, or a
   56  law enforcement agency in connection with such privileged
   57  communication.
   58         (2)(a)Except pursuant to criminal discovery or as provided
   59  in paragraph (b), a person who discloses a privileged
   60  communication or protected information or any information
   61  concerning a privileged communication or protected information
   62  commits a felony of the third degree, punishable as provided in
   63  s. 775.082, s. 775.083, or s. 775.084.
   64         (b)This subsection does not apply to:
   65         1.The person who provides the privileged communication or
   66  protected information; or
   67         2.A law enforcement officer or an employee of a law
   68  enforcement agency or the Department of Legal Affairs when he or
   69  she is acting within the scope of his or her official duties.
   70         (c)This subsection does not limit the right of any
   71  criminal defendant to criminal discovery.
   72         Section 3. Effective July 1, 2019, section 25.025, Florida
   73  Statutes, is created to read:
   74         25.025Headquarters.—
   75         (1)(a)A Supreme Court justice who permanently resides
   76  outside Leon County shall, if he or she so requests, have a
   77  district court of appeal courthouse, a county courthouse, or
   78  another appropriate facility in his or her district of residence
   79  designated as his or her official headquarters pursuant to s.
   80  112.061. This official headquarters may serve only as the
   81  justice’s private chambers.
   82         (b)A justice for whom an official headquarters is
   83  designated in his or her district of residence under this
   84  subsection is eligible for subsistence at a rate to be
   85  established by the Chief Justice for each day or partial day
   86  that the justice is at the Supreme Court Building for the
   87  conduct of the business of the court. In addition to the
   88  subsistence allowance, a justice is eligible for reimbursement
   89  for transportation expenses as provided in s. 112.061(7) for
   90  travel between the justice’s official headquarters and the
   91  Supreme Court Building for the conduct of the business of the
   92  court.
   93         (c)Payment of subsistence and reimbursement for
   94  transportation expenses relating to travel between a justice’s
   95  official headquarters and the Supreme Court Building must be
   96  made to the extent that appropriated funds are available, as
   97  determined by the Chief Justice.
   98         (2)The Chief Justice shall coordinate with each affected
   99  justice and other state and local officials as necessary to
  100  implement paragraph (1)(a).
  101         (3)(a)This section does not require a county to provide
  102  space in a county courthouse for a justice. A county may enter
  103  into an agreement with the Supreme Court governing the use of
  104  space in a county courthouse.
  105         (b)The Supreme Court may not use state funds to lease
  106  space in a district court of appeal courthouse, county
  107  courthouse, or other facility to allow a justice to establish an
  108  official headquarters pursuant to subsection (1).
  109         Section 4. Section 43.51, Florida Statutes, is created to
  110  read:
  111         43.51Problem-solving court reports.—
  112         (1)The Office of the State Courts Administrator shall
  113  provide an annual report to the President of the Senate and the
  114  Speaker of the House of Representatives which details the number
  115  of participants in each problem-solving court for each fiscal
  116  year the court has been operating and the types of services
  117  provided, identifies each source of funding for each court
  118  during each fiscal year, and provides information on the
  119  performance of each court based upon outcome measures
  120  established by the courts.
  121         (2)For purposes of this section, the term “problem-solving
  122  court” includes, but is not limited to, a drug court pursuant to
  123  s. 397.334, s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s.
  124  948.20; a military veterans’ and servicemembers’ court pursuant
  125  to s. 394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental
  126  health court program pursuant to s. 394.47892, s. 948.01, s.
  127  948.06, s. 948.08, or s. 948.16; a community court pursuant to
  128  s. 948.081; or a delinquency pretrial intervention court program
  129  pursuant to s. 985.345.
  130         Section 5. Subsection (8) is added to section 57.105,
  131  Florida Statutes, to read:
  132         57.105 Attorney’s fee; sanctions for raising unsupported
  133  claims or defenses; exceptions; service of motions; damages for
  134  delay of litigation.—
  135         (8)Attorney fees may not be awarded under this section in
  136  proceedings for an injunction for protection pursuant to s.
  137  741.30, s. 784.046, or s. 784.0485, unless the court finds by
  138  clear and convincing evidence that the petitioner knowingly made
  139  a false statement or allegation in the petition with regard to a
  140  material matter as defined in s. 837.011(3).
  141         Section 6. Paragraph (c) of subsection (1) of section
  142  61.13016, Florida Statutes, is amended to read:
  143         61.13016 Suspension of driver licenses and motor vehicle
  144  registrations.—
  145         (1) The driver license and motor vehicle registration of a
  146  support obligor who is delinquent in payment or who has failed
  147  to comply with subpoenas or a similar order to appear or show
  148  cause relating to paternity or support proceedings may be
  149  suspended. When an obligor is 15 days delinquent making a
  150  payment in support or failure to comply with a subpoena, order
  151  to appear, order to show cause, or similar order in IV-D cases,
  152  the Title IV-D agency may provide notice to the obligor of the
  153  delinquency or failure to comply with a subpoena, order to
  154  appear, order to show cause, or similar order and the intent to
  155  suspend by regular United States mail that is posted to the
  156  obligor’s last address of record with the Department of Highway
  157  Safety and Motor Vehicles. When an obligor is 15 days delinquent
  158  in making a payment in support in non-IV-D cases, and upon the
  159  request of the obligee, the depository or the clerk of the court
  160  must provide notice to the obligor of the delinquency and the
  161  intent to suspend by regular United States mail that is posted
  162  to the obligor’s last address of record with the Department of
  163  Highway Safety and Motor Vehicles. In either case, the notice
  164  must state:
  165         (c) That notification will be given to the Department of
  166  Highway Safety and Motor Vehicles to suspend the obligor’s
  167  driver license and motor vehicle registration unless, within 20
  168  days after the date that the notice is mailed, the obligor:
  169         1.a. Pays the delinquency in full and any other costs and
  170  fees accrued between the date of the notice and the date the
  171  delinquency is paid;
  172         b. Enters into a written agreement for payment with the
  173  obligee in non-IV-D cases or with the Title IV-D agency in IV-D
  174  cases; or in IV-D cases, complies with a subpoena or order to
  175  appear, order to show cause, or a similar order, which may
  176  include a reasonable period of payment deferral to accommodate
  177  an obligor’s good faith job-seeking efforts;
  178         c. Files a petition with the circuit court to contest the
  179  delinquency action;
  180         d. Demonstrates that he or she receives reemployment
  181  assistance or unemployment compensation pursuant to chapter 443;
  182         e. Demonstrates that he or she is disabled and incapable of
  183  self-support or that he or she receives benefits under the
  184  federal Supplemental Security Income program or Social Security
  185  Disability Insurance program;
  186         f. Demonstrates that he or she receives temporary cash
  187  assistance pursuant to chapter 414; or
  188         g. Demonstrates that he or she is making payments in
  189  accordance with a confirmed bankruptcy plan under chapter 11,
  190  chapter 12, or chapter 13 of the United States Bankruptcy Code,
  191  11 U.S.C. ss. 101 et seq.; and
  192         2. Pays any applicable delinquency fees.
  193  
  194  If an obligor in a non-IV-D case enters into a written agreement
  195  for payment before the expiration of the 20-day period, the
  196  obligor must provide a copy of the signed written agreement to
  197  the depository or the clerk of the court. If an obligor seeks to
  198  satisfy sub-subparagraph 1.d., sub-subparagraph 1.e., sub
  199  subparagraph 1.f., or sub-subparagraph 1.g. before expiration of
  200  the 20-day period, the obligor must provide the applicable
  201  documentation or proof to the depository or the clerk of the
  202  court.
  203         Section 7. Subsection (2) of section 212.15, Florida
  204  Statutes, is amended to read:
  205         212.15 Taxes declared state funds; penalties for failure to
  206  remit taxes; due and delinquent dates; judicial review.—
  207         (2) Any person who, with intent to unlawfully deprive or
  208  defraud the state of its moneys or the use or benefit thereof,
  209  fails to remit taxes collected under this chapter commits is
  210  guilty of theft of state funds, punishable as follows:
  211         (a) If the total amount of stolen revenue is less than
  212  $1,000 $300, the offense is a misdemeanor of the second degree,
  213  punishable as provided in s. 775.082 or s. 775.083. Upon a
  214  second conviction, the offender commits is guilty of a
  215  misdemeanor of the first degree, punishable as provided in s.
  216  775.082 or s. 775.083. Upon a third or subsequent conviction,
  217  the offender commits is guilty of a felony of the third degree,
  218  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  219         (b) If the total amount of stolen revenue is $1,000 $300 or
  220  more, but less than $20,000, the offense is a felony of the
  221  third degree, punishable as provided in s. 775.082, s. 775.083,
  222  or s. 775.084.
  223         (c) If the total amount of stolen revenue is $20,000 or
  224  more, but less than $100,000, the offense is a felony of the
  225  second degree, punishable as provided in s. 775.082, s. 775.083,
  226  or s. 775.084.
  227         (d) If the total amount of stolen revenue is $100,000 or
  228  more, the offense is a felony of the first degree, punishable as
  229  provided in s. 775.082, s. 775.083, or s. 775.084.
  230         Section 8. Subsection (3) of section 287.095, Florida
  231  Statutes, is amended to read:
  232         287.095 Department of Corrections; prison industry
  233  programs.—
  234         (3) All products offered for purchase to a state agency by
  235  the corporation organized under chapter 946 shall be produced in
  236  majority part by inmate labor, except for products not made by
  237  inmates which products are contractually allied to products made
  238  by inmates which are offered by the corporation, provided the
  239  value of the products not made by inmates do not exceed 2
  240  percent of the total sales of the corporation in any year.
  241         Section 9. Present subsections (41) through (46) of section
  242  322.01, Florida Statutes, are redesignated as subsections (42)
  243  through (47), respectively, and a new subsection (41) is added
  244  to that section, to read:
  245         322.01 Definitions.—As used in this chapter:
  246         (41) Suspension or revocation equivalent status” is a
  247  designation for a person who does not have a driver license or
  248  driving privilege but would qualify for suspension or revocation
  249  of his or her driver license or driving privilege if licensed.
  250  The department may designate a person as having suspension or
  251  revocation equivalent status in the same manner as it is
  252  authorized to suspend or revoke a driver license or driving
  253  privilege by law.
  254         Section 10. Subsections (1) through (4) of section 322.055,
  255  Florida Statutes, are amended to read:
  256         322.055 Revocation or suspension of, or delay of
  257  eligibility for, driver license for persons 18 years of age or
  258  older convicted of certain drug offenses.—
  259         (1) Notwithstanding s. 322.28, upon the conviction of a
  260  person 18 years of age or older for possession or sale of,
  261  trafficking in, or conspiracy to possess, sell, or traffic in a
  262  controlled substance, the court shall direct the department to
  263  suspend revoke the person’s driver license or driving privilege
  264  of the person. The suspension period of such revocation shall be
  265  6 months 1 year or until the person is evaluated for and, if
  266  deemed necessary by the evaluating agency, completes a drug
  267  treatment and rehabilitation program approved or regulated by
  268  the Department of Children and Families. However, the court may,
  269  upon finding a compelling circumstance to warrant an exception
  270  in its sound discretion, direct the department to issue a
  271  license for driving privilege restricted to business or
  272  employment purposes only, as defined by s. 322.271, if the
  273  person is otherwise qualified for such a license. A driver whose
  274  license or driving privilege has been suspended or revoked under
  275  this section or s. 322.056 may, upon the expiration of 6 months,
  276  petition the department for restoration of the driving privilege
  277  on a restricted or unrestricted basis depending on length of
  278  suspension or revocation. In no case shall a restricted license
  279  be available until 6 months of the suspension or revocation
  280  period has expired.
  281         (2) If a person 18 years of age or older is convicted for
  282  the possession or sale of, trafficking in, or conspiracy to
  283  possess, sell, or traffic in a controlled substance and such
  284  person is eligible by reason of age for a driver license or
  285  privilege, the court shall direct the department to withhold
  286  issuance of such person’s driver license or driving privilege
  287  for a period of 6 months 1 year after the date the person was
  288  convicted or until the person is evaluated for and, if deemed
  289  necessary by the evaluating agency, completes a drug treatment
  290  and rehabilitation program approved or regulated by the
  291  Department of Children and Families. However, the court may,
  292  upon finding a compelling circumstance to warrant an exception
  293  in its sound discretion, direct the department to issue a
  294  license for driving privilege restricted to business or
  295  employment purposes only, as defined by s. 322.271, if the
  296  person is otherwise qualified for such a license. A driver whose
  297  license or driving privilege has been suspended or revoked under
  298  this section or s. 322.056 may, upon the expiration of 6 months,
  299  petition the department for restoration of the driving privilege
  300  on a restricted or unrestricted basis depending on the length of
  301  suspension or revocation. In no case shall a restricted license
  302  be available until 6 months of the suspension or revocation
  303  period has expired.
  304         (3) If a person 18 years of age or older is convicted for
  305  the possession or sale of, trafficking in, or conspiracy to
  306  possess, sell, or traffic in a controlled substance and such
  307  person’s driver license or driving privilege is already under
  308  suspension or revocation for any reason, the court shall direct
  309  the department to extend the period of such suspension or
  310  revocation by an additional period of 6 months 1 year or until
  311  the person is evaluated for and, if deemed necessary by the
  312  evaluating agency, completes a drug treatment and rehabilitation
  313  program approved or regulated by the Department of Children and
  314  Families. However, the court may, upon finding a compelling
  315  circumstance to warrant an exception in its sound discretion,
  316  direct the department to issue a license for driving privilege
  317  restricted to business or employment purposes only, as defined
  318  by s. 322.271, if the person is otherwise qualified for such a
  319  license. A driver whose license or driving privilege has been
  320  suspended or revoked under this section or s. 322.056 may, upon
  321  the expiration of 6 months, petition the department for
  322  restoration of the driving privilege on a restricted or
  323  unrestricted basis depending on the length of suspension or
  324  revocation. In no case shall a restricted license be available
  325  until 6 months of the suspension or revocation period has
  326  expired.
  327         (4) If a person 18 years of age or older is convicted for
  328  the possession or sale of, trafficking in, or conspiracy to
  329  possess, sell, or traffic in a controlled substance and such
  330  person is ineligible by reason of age for a driver license or
  331  driving privilege, the court shall direct the department to
  332  withhold issuance of such person’s driver license or driving
  333  privilege for a period of 6 months 1 year after the date that he
  334  or she would otherwise have become eligible or until he or she
  335  becomes eligible by reason of age for a driver license and is
  336  evaluated for and, if deemed necessary by the evaluating agency,
  337  completes a drug treatment and rehabilitation program approved
  338  or regulated by the Department of Children and Families.
  339  However, the court may, upon finding a compelling circumstance
  340  to warrant an exception in its sound discretion, direct the
  341  department to issue a license for driving privilege restricted
  342  to business or employment purposes only, as defined by s.
  343  322.271, if the person is otherwise qualified for such a
  344  license. A driver whose license or driving privilege has been
  345  suspended or revoked under this section or s. 322.056 may, upon
  346  the expiration of 6 months, petition the department for
  347  restoration of the driving privilege on a restricted or
  348  unrestricted basis depending on the length of suspension or
  349  revocation. In no case shall a restricted license be available
  350  until 6 months of the suspension or revocation period has
  351  expired.
  352         Section 11. Section 322.056, Florida Statutes, is amended
  353  to read:
  354         322.056 Mandatory revocation or suspension of, or delay of
  355  eligibility for, driver license for persons under age 18 found
  356  guilty of certain alcohol, drug, or tobacco offenses;
  357  prohibition.—
  358         (1) Notwithstanding the provisions of s. 322.055, if a
  359  person under 18 years of age is found guilty of or delinquent
  360  for a violation of s. 562.11(2), s. 562.111, or chapter 893,
  361  and:
  362         (a) The person is eligible by reason of age for a driver
  363  license or driving privilege, the court shall direct the
  364  department to revoke or to withhold issuance of his or her
  365  driver license or driving privilege for a period of 6 months:
  366         1.Not less than 6 months and not more than 1 year for the
  367  first violation.
  368         2.Two years, for a subsequent violation.
  369         (b) The person’s driver license or driving privilege is
  370  under suspension or revocation for any reason, the court shall
  371  direct the department to extend the period of suspension or
  372  revocation by an additional period of 6 months:
  373         1.Not less than 6 months and not more than 1 year for the
  374  first violation.
  375         2.Two years, for a subsequent violation.
  376         (c) The person is ineligible by reason of age for a driver
  377  license or driving privilege, the court shall direct the
  378  department to withhold issuance of his or her driver license or
  379  driving privilege for a period of:
  380         1.Not less than 6 months and not more than 1 year after
  381  the date on which he or she would otherwise have become
  382  eligible, for the first violation.
  383         2.Two years after the date on which he or she would
  384  otherwise have become eligible, for a subsequent violation.
  385  
  386  However, the court may, upon finding a compelling circumstance
  387  to warrant an exception in its sound discretion, direct the
  388  department to issue a license for driving privileges restricted
  389  to business or employment purposes only, as defined in s.
  390  322.271, if the person is otherwise qualified for such a
  391  license.
  392         (2)If a person under 18 years of age is found by the court
  393  to have committed a noncriminal violation under s. 569.11 or s.
  394  877.112(6) or (7) and that person has failed to comply with the
  395  procedures established in that section by failing to fulfill
  396  community service requirements, failing to pay the applicable
  397  fine, or failing to attend a locally available school-approved
  398  anti-tobacco program, and:
  399         (a)The person is eligible by reason of age for a driver
  400  license or driving privilege, the court shall direct the
  401  department to revoke or to withhold issuance of his or her
  402  driver license or driving privilege as follows:
  403         1.For the first violation, for 30 days.
  404         2.For the second violation within 12 weeks of the first
  405  violation, for 45 days.
  406         (b)The person’s driver license or driving privilege is
  407  under suspension or revocation for any reason, the court shall
  408  direct the department to extend the period of suspension or
  409  revocation by an additional period as follows:
  410         1.For the first violation, for 30 days.
  411         2.For the second violation within 12 weeks of the first
  412  violation, for 45 days.
  413         (c)The person is ineligible by reason of age for a driver
  414  license or driving privilege, the court shall direct the
  415  department to withhold issuance of his or her driver license or
  416  driving privilege as follows:
  417         1.For the first violation, for 30 days.
  418         2.For the second violation within 12 weeks of the first
  419  violation, for 45 days.
  420  
  421  Any second violation of s. 569.11 or s. 877.112(6) or (7) not
  422  within the 12-week period after the first violation will be
  423  treated as a first violation and in the same manner as provided
  424  in this subsection.
  425         (3)If a person under 18 years of age is found by the court
  426  to have committed a third violation of s. 569.11 or s.
  427  877.112(6) or (7) within 12 weeks of the first violation, the
  428  court must direct the Department of Highway Safety and Motor
  429  Vehicles to suspend or withhold issuance of his or her driver
  430  license or driving privilege for 60 consecutive days. Any third
  431  violation of s. 569.11 or s. 877.112(6) or (7) not within the
  432  12-week period after the first violation will be treated as a
  433  first violation and in the same manner as provided in subsection
  434  (2).
  435         (2)(4) A penalty imposed under this section shall be in
  436  addition to any other penalty imposed by law.
  437         (5)The suspension or revocation of a person’s driver
  438  license imposed pursuant to subsection (2) or subsection (3),
  439  shall not result in or be cause for an increase of the convicted
  440  person’s, or his or her parent’s or legal guardian’s, automobile
  441  insurance rate or premium or result in points assessed against
  442  the person’s driving record.
  443         Section 12. Section 322.057, Florida Statutes, is repealed.
  444         Section 13. Subsections (2), (4), (7), paragraph (a) of
  445  subsection (8), paragraph (a) of subsection (9), subsection
  446  (10), and paragraph (a) of subsection (11) of section 322.34,
  447  Florida Statutes, are amended to read:
  448         322.34 Driving while license suspended, revoked, canceled,
  449  or disqualified.—
  450         (2) Any person whose driver license or driving privilege
  451  has been canceled, suspended, or revoked as provided by law, or
  452  who does not have a driver license or driving privilege but is
  453  under suspension or revocation equivalent status as defined in
  454  s. 322.01(41), except persons defined in s. 322.264, who,
  455  knowing of such cancellation, suspension, or revocation, or
  456  suspension or revocation equivalent status, drives any motor
  457  vehicle upon the highways of this state while such license or
  458  privilege is canceled, suspended, or revoked, or while under
  459  suspension or revocation equivalent status, commits upon:
  460         (a) A first conviction is guilty of a misdemeanor of the
  461  second degree, punishable as provided in s. 775.082 or s.
  462  775.083.
  463         (b)1. A second conviction is guilty of a misdemeanor of the
  464  first degree, punishable as provided in s. 775.082 or s.
  465  775.083, upon a second or subsequent conviction, except as
  466  provided in paragraph (c).
  467         2. A person convicted of a third or subsequent conviction,
  468  except as provided in paragraph (c), must serve a minimum of 10
  469  days in jail.
  470         (c) A third or subsequent conviction is guilty of a felony
  471  of the third degree, punishable as provided in s. 775.082, s.
  472  775.083, or s. 775.084, upon a third or subsequent conviction if
  473  the current violation of this section or the most recent prior
  474  violation of the section are related to driving while license
  475  canceled, suspended, revoked, or suspension or revocation
  476  equivalent status resulting from a violation of:
  477         1.Driving under the influence;
  478         2.Refusal to submit to a urine, breath-alcohol, or blood
  479  alcohol test;
  480         3. A traffic offense causing death or serious bodily
  481  injury; or
  482         4.Fleeing or eluding.
  483  
  484  The element of knowledge is satisfied if the person has been
  485  previously cited as provided in subsection (1); or the person
  486  admits to knowledge of the cancellation, suspension, or
  487  revocation, or suspension or revocation equivalent status; or
  488  the person received notice as provided in subsection (4). There
  489  shall be a rebuttable presumption that the knowledge requirement
  490  is satisfied if a judgment or order as provided in subsection
  491  (4) appears in the department’s records for any case except for
  492  one involving a suspension by the department for failure to pay
  493  a traffic fine or for a financial responsibility violation.
  494         (4) Any judgment or order rendered by a court or
  495  adjudicatory body or any uniform traffic citation that cancels,
  496  suspends, or revokes a person’s driver license or places a
  497  person under suspension or revocation equivalent status must
  498  contain a provision notifying the person that his or her driver
  499  license has been canceled, suspended, or revoked, or of such
  500  suspension or revocation equivalent status.
  501         (7) Any person whose driver license or driving privilege
  502  has been canceled, suspended, revoked, or disqualified, or who
  503  does not have a driver license or driving privilege but is under
  504  suspension or revocation equivalent status, and who drives a
  505  commercial motor vehicle on the highways of this state while
  506  such license or privilege is canceled, suspended, revoked, or
  507  disqualified, or while under suspension or revocation equivalent
  508  status, upon:
  509         (a) A first conviction is guilty of a misdemeanor of the
  510  first degree, punishable as provided in s. 775.082 or s.
  511  775.083.
  512         (b) A second or subsequent conviction is guilty of a felony
  513  of the third degree, punishable as provided in s. 775.082, s.
  514  775.083, or s. 775.084.
  515         (8)(a) Upon the arrest of a person for the offense of
  516  driving while the person’s driver license or driving privilege
  517  is suspended or revoked, the arresting officer shall determine:
  518         1. Whether the person’s driver license is suspended or
  519  revoked, or the person is under suspension or revocation
  520  equivalent status.
  521         2. Whether the person’s driver license has remained
  522  suspended or revoked, or the person has been under suspension or
  523  revocation equivalent status, since a conviction for the offense
  524  of driving with a suspended or revoked license.
  525         3. Whether the suspension, or revocation, or suspension or
  526  revocation equivalent status was made under s. 316.646 or s.
  527  627.733, relating to failure to maintain required security, or
  528  under s. 322.264, relating to habitual traffic offenders.
  529         4. Whether the driver is the registered owner or coowner of
  530  the vehicle.
  531         (9)(a) A motor vehicle that is driven by a person under the
  532  influence of alcohol or drugs in violation of s. 316.193 is
  533  subject to seizure and forfeiture under ss. 932.701-932.7062 and
  534  is subject to liens for recovering, towing, or storing vehicles
  535  under s. 713.78 if, at the time of the offense, the person’s
  536  driver license is suspended, revoked, or canceled, or suspension
  537  or revocation equivalent status was imposed, as a result of a
  538  prior conviction for driving under the influence.
  539         (10)(a) Notwithstanding any other provision of this
  540  section, if a person does not have a prior forcible felony
  541  conviction as defined in s. 776.08, the penalties provided in
  542  paragraph (b) apply if a person’s driver license or driving
  543  privilege is canceled, suspended, or revoked, or the person is
  544  under suspension or revocation equivalent status, for:
  545         1. Failing to pay child support as provided in s. 322.245
  546  or s. 61.13016;
  547         2. Failing to pay any other financial obligation as
  548  provided in s. 322.245 other than those specified in s.
  549  322.245(1);
  550         3. Failing to comply with a civil penalty required in s.
  551  318.15;
  552         4. Failing to maintain vehicular financial responsibility
  553  as required by chapter 324;
  554         5. Failing to comply with attendance or other requirements
  555  for minors as set forth in s. 322.091; or
  556         6. Having been designated a habitual traffic offender under
  557  s. 322.264(1)(d) as a result of suspensions of his or her driver
  558  license or driver privilege for any underlying violation listed
  559  in subparagraphs 1.-5.
  560         (b)1. Upon a first conviction for knowingly driving while
  561  his or her license is suspended, revoked, or canceled, or while
  562  under suspension or revocation equivalent status, for any of the
  563  underlying violations listed in subparagraphs (a)1.-6., a person
  564  commits a misdemeanor of the second degree, punishable as
  565  provided in s. 775.082 or s. 775.083.
  566         2. Upon a second or subsequent conviction for the same
  567  offense of knowingly driving while his or her license is
  568  suspended, revoked, or canceled, or while under suspension or
  569  revocation equivalent status, for any of the underlying
  570  violations listed in subparagraphs (a)1.-6., a person commits a
  571  misdemeanor of the first degree, punishable as provided in s.
  572  775.082 or s. 775.083.
  573         (11)(a) A person who does not hold a commercial driver
  574  license and who is cited for an offense of knowingly driving
  575  while his or her license is suspended, revoked, or canceled, or
  576  while under suspension or revocation equivalent status, for any
  577  of the underlying violations listed in paragraph (10)(a) may, in
  578  lieu of payment of fine or court appearance, elect to enter a
  579  plea of nolo contendere and provide proof of compliance to the
  580  clerk of the court, designated official, or authorized operator
  581  of a traffic violations bureau. In such case, adjudication shall
  582  be withheld. However, no election shall be made under this
  583  subsection if such person has made an election under this
  584  subsection during the preceding 12 months. A person may not make
  585  more than three elections under this subsection.
  586         Section 14. Section 322.75, Florida Statutes, is created to
  587  read:
  588         322.75Driver License Reinstatement Days.—
  589         (1)Each clerk of court shall establish a Driver License
  590  Reinstatement Days program for reinstating suspended driver
  591  licenses. Participants may include, but are not limited to, the
  592  Department of Highway Safety and Motor Vehicles, the state
  593  attorney’s office, the public defender’s office, the circuit and
  594  county courts, the clerk of court, and any interested community
  595  organization.
  596         (2)The clerk of court, in consultation with other
  597  participants, shall select 1 or more days annually for an event
  598  at which a person may have his or her driver license reinstated.
  599  The clerk may work with the Florida Association of Court Clerks
  600  and Comptrollers to promote such program, develop
  601  communications, and coordinate the event. A person must pay the
  602  full license reinstatement fee; however, the clerk may reduce or
  603  waive other fees and costs, except those imposed by the court,
  604  to facilitate reinstatement.
  605         (3)The clerk of court is encouraged to schedule at least
  606  one event on a weekend or with hours after 5 p.m. on a weekday.
  607         (4)(a)A person is eligible for reinstatement under the
  608  program if his or her license was suspended due to:
  609         1.Driving without a valid driver license;
  610         2.Driving with a suspended driver license;
  611         3.Failing to make a payment on penalties in collection;
  612         4.Failing to appear in court for a traffic violation; or
  613         5.Failing to comply with any provision of chapter 318 or
  614  this chapter.
  615         (b)Notwithstanding paragraphs (5)(a)-(c), a person is
  616  eligible for reinstatement under the program if the period of
  617  suspension or revocation has elapsed, the person has completed
  618  any required course or program as described in paragraph (5)(c),
  619  and the person is otherwise eligible for reinstatement.
  620         (5)A person is not eligible for reinstatement under the
  621  program if his or her driver license is suspended or revoked due
  622  to:
  623         (a)The person’s failure to fulfill a court-ordered child
  624  support obligation;
  625         (b)A violation of s. 316.193;
  626         (c)The person’s failure to complete a driver training
  627  program, driver improvement course, or alcohol or substance
  628  abuse education or evaluation program required under s. 316.192,
  629  s. 316.193, s. 322.2616, s. 322.271, or s. 322.264;
  630         (d)A traffic-related felony; or
  631         (e)The person being designated as a habitual traffic
  632  offender under s. 322.264.
  633         (6)The clerk of court and the Department of Highway Safety
  634  and Motor Vehicles shall verify any information necessary for
  635  reinstatement of a driver license under the program.
  636         (7)The clerk of court must collect and report to the
  637  Florida Clerks of Court Operations Corporation all of the
  638  following:
  639         (a)Number of cases paid in full.
  640         (b)Number of cases put on a payment plan.
  641         (c)Number of driver license reinstatements.
  642         (d)Number of driver licenses made eligible for
  643  reinstatement.
  644         (e)Amount of fees and costs collected, reported by the
  645  entity receiving the funds. The Florida Clerks of Court
  646  Operations Corporation must report the aggregate funds received
  647  by the clerks of court, the local governmental entities, and
  648  state entities, including the General Revenue Fund.
  649         (f)The personnel, operating, security, and other
  650  expenditures incurred by the clerk of court.
  651         (g)The number of cases that fail to comply with a payment
  652  plan and subsequently result in driver license suspension.
  653         (8)The Florida Clerks of Court Operations Corporation
  654  shall report the information collected in subsection (7) in its
  655  annual report required by s. 28.35.
  656         Section 15. Subsection (2) of section 394.917, Florida
  657  Statutes, is amended to read:
  658         394.917 Determination; commitment procedure; mistrials;
  659  housing; counsel and costs in indigent appellate cases.—
  660         (2) If the court or jury determines that the person is a
  661  sexually violent predator, upon the expiration of the
  662  incarcerative portion of all criminal sentences and disposition
  663  of any detainers, the person shall be committed to the custody
  664  of the Department of Children and Families for control, care,
  665  and treatment, and rehabilitation of criminal offenders, until
  666  such time as the person’s mental abnormality or personality
  667  disorder has so changed that it is safe for the person to be at
  668  large. At all times, persons who are detained or committed under
  669  this part shall be kept in a secure facility segregated from
  670  patients of the department who are not detained or committed
  671  under this part.
  672         Section 16. Subsection (2) of section 397.334, Florida
  673  Statutes, is amended to read:
  674         397.334 Treatment-based drug court programs.—
  675         (2) Entry into any pretrial treatment-based drug court
  676  program shall be voluntary. When neither s. 948.08(6)(c)1. nor
  677  2. s. 948.08(6)(a)1. nor 2. applies, the court may order an
  678  eligible individual to enter into a pretrial treatment-based
  679  drug court program only upon written agreement by the
  680  individual, which shall include a statement that the individual
  681  understands the requirements of the program and the potential
  682  sanctions for noncompliance.
  683         Section 17. Present subsections (3) through (12) of section
  684  455.213, Florida Statutes, are redesignated as subsections (4)
  685  through (13), respectively, subsection (2) of that section is
  686  amended, and a new subsection (3) is added to that section, to
  687  read:
  688         455.213 General licensing provisions.—
  689         (2) Before the issuance of any license, the department may
  690  charge an initial license fee as determined by rule of the
  691  applicable board or, if no such board exists, by rule of the
  692  department. Upon receipt of the appropriate license fee, except
  693  as provided in subsection (4) (3), the department shall issue a
  694  license to any person certified by the appropriate board, or its
  695  designee, or the department when there is no board, as having
  696  met the applicable requirements imposed by law or rule. However,
  697  an applicant who is not otherwise qualified for licensure is not
  698  entitled to licensure solely based on a passing score on a
  699  required examination. Upon a determination by the department
  700  that it erroneously issued a license, or upon the revocation of
  701  a license by the applicable board, or by the department when
  702  there is no board, the licensee must surrender his or her
  703  license to the department.
  704         (3)(a)Notwithstanding any other law, the applicable board
  705  shall use the process in this subsection for review of an
  706  applicant’s criminal record to determine his or her eligibility
  707  for licensure as:
  708         1.A barber under chapter 476;
  709         2.A cosmetologist or cosmetology specialist under chapter
  710  477;
  711         3.Any of the following construction professions under
  712  chapter 489:
  713         a.Air-conditioning contractor;
  714         b.Electrical contractor;
  715         c.Mechanical contractor;
  716         d.Plumbing contractor;
  717         e.Pollutant storage systems contractor;
  718         f.Roofing contractor;
  719         g.Sheet metal contractor;
  720         h.Solar contractor;
  721         i.Swimming pool and spa contractor;
  722         j.Underground utility and excavation contractor; or
  723         k.Other specialty contractors; or
  724         4. Any other profession for which the department issues a
  725  license, provided the profession is offered in to inmates in any
  726  correctional institution or correctional facility as vocational
  727  training or through an industry certification program.
  728         (b)1.A conviction, or any other adjudication, for a crime
  729  more than 5 years before the date the application is received by
  730  the applicable board may not be grounds for denial of a license
  731  specified in paragraph (a). For purposes of this paragraph, the
  732  term “conviction” means a determination of guilt that is the
  733  result of a plea or trial, regardless of whether adjudication is
  734  withheld. This paragraph does not limit the applicable board
  735  from considering an applicant’s criminal history that includes a
  736  crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
  737  only if such criminal history has been found to relate to the
  738  practice of the applicable profession.
  739         2.The applicable board may consider the criminal history
  740  of an applicant for licensure under subparagraph (a)3. if such
  741  criminal history has been found to relate to good moral
  742  character.
  743         (c)1.A person may apply for a license before his or her
  744  lawful release from confinement or supervision. The department
  745  may not charge an applicant an additional fee for being confined
  746  or under supervision. The applicable board may not deny an
  747  application for a license solely on the basis of the applicant’s
  748  current confinement or supervision.
  749         2.After a license application is approved, the applicable
  750  board may stay the issuance of a license until the applicant is
  751  lawfully released from confinement or supervision and the
  752  applicant notifies the applicable board of such release. The
  753  applicable board must verify the applicant’s release with the
  754  Department of Corrections before it issues a license.
  755         3.If an applicant is unable to appear in person due to his
  756  or her confinement or supervision, the applicable board must
  757  permit the applicant to appear by teleconference or video
  758  conference, as appropriate, at any meeting of the applicable
  759  board or other hearing by the agency concerning his or her
  760  application.
  761         4.If an applicant is confined or under supervision, the
  762  Department of Corrections and the applicable board shall
  763  cooperate and coordinate to facilitate the appearance of the
  764  applicant at a board meeting or agency hearing in person, by
  765  teleconference, or by video conference, as appropriate.
  766         (d)Each applicable board shall compile a list of crimes
  767  that, if committed and regardless of adjudication, do not relate
  768  to the practice of the profession or the ability to practice the
  769  profession and do not constitute grounds for denial of a
  770  license. This list must be made available on the department’s
  771  website and updated annually. Beginning October 1, 2019, each
  772  applicable board shall compile a list of crimes that although
  773  reported by an applicant for licensure, were not used as a basis
  774  for denial. The list must identify for each such license
  775  application the crime reported and the date of conviction and
  776  whether there was a finding of guilt, a plea, or an adjudication
  777  entered or the date of sentencing.
  778         (e)Each applicable board shall compile a list of crimes
  779  that have been used as a basis for denial of a license in the
  780  past 2 years and shall make the list available on the
  781  department’s website. Starting October 1, 2019, and updated
  782  quarterly thereafter, the applicable board shall compile a list
  783  indicating each crime used as a basis for denial. For each crime
  784  listed, the applicable board must identify the date of
  785  conviction, finding of guilt, plea, or adjudication entered, or
  786  date of sentencing. Such denials must be made available to the
  787  public upon request.
  788         Section 18. Subsection (4) of section 474.2165, Florida
  789  Statutes, is amended to read:
  790         474.2165 Ownership and control of veterinary medical
  791  patient records; report or copies of records to be furnished.—
  792         (4) Except as otherwise provided in this section, such
  793  records may not be furnished to, and the medical condition of a
  794  patient may not be discussed with, any person other than the
  795  client or the client’s legal representative or other
  796  veterinarians involved in the care or treatment of the patient,
  797  except upon written authorization of the client. However, such
  798  records may be furnished without written authorization under the
  799  following circumstances:
  800         (a) To any person, firm, or corporation that has procured
  801  or furnished such examination or treatment with the client’s
  802  consent.
  803         (b) In any civil or criminal action, unless otherwise
  804  prohibited by law, upon the issuance of a subpoena from a court
  805  of competent jurisdiction and proper notice to the client or the
  806  client’s legal representative by the party seeking such records.
  807         (c) For statistical and scientific research, provided the
  808  information is abstracted in such a way as to protect the
  809  identity of the patient and the client, or provided written
  810  permission is received from the client or the client’s legal
  811  representative.
  812         (d)In any criminal action or situation where a
  813  veterinarian suspects a criminal violation. If a criminal
  814  violation is suspected, a veterinarian may, without notice to or
  815  authorization from the client, report the violation to a law
  816  enforcement officer, an animal control officer who is certified
  817  pursuant to s. 828.27(4)(a), or an agent appointed under s.
  818  828.03. However, if a suspected violation occurs at a commercial
  819  food-producing animal operation on land classified as
  820  agricultural under s. 193.461, the veterinarian must provide
  821  notice to the client or the client’s legal representative before
  822  reporting the suspected violation to an officer or agent under
  823  this paragraph. The report may not include written medical
  824  records except upon the issuance of an order from a court of
  825  competent jurisdiction.
  826         Section 19. Subsections (2), (3), and (4) of section
  827  489.126, Florida Statutes, are amended, and subsections (5) and
  828  (6) are added to that section, to read:
  829         489.126 Moneys received by contractors.—
  830         (2)(a) A contractor who receives, as initial payment, money
  831  totaling more than 10 percent of the contract price for repair,
  832  restoration, improvement, or construction to residential real
  833  property must:
  834         1.(a) Apply for permits necessary to do work within 30 days
  835  after the date payment is made, except where the work does not
  836  require a permit under the applicable codes and ordinances, and
  837         2.(b) Start the work within 90 days after the date all
  838  necessary permits for work, if any, are issued,
  839  
  840  unless the contractor has just cause for failing to apply for
  841  the necessary permits, starting the work, or refunding the
  842  payment, or unless the person who made the payment agreed, in
  843  writing, to a longer period to apply for the necessary permits
  844  or start the work or to longer periods for both.
  845         (b)1.If a contractor fails to comply with the requirements
  846  of paragraph (a), the contractee must make written demand to the
  847  contractor in the form of a letter that includes a demand to
  848  apply for the necessary permits, to start the work, or to refund
  849  the payment sent via certified mail, return receipt requested,
  850  mailed to the address listed in the contracting agreement. If
  851  there is no address for the contractor listed in the contracting
  852  agreement, or no written agreement exists, the contractee must
  853  mail the written demand letter to the address listed for
  854  licensing purposes with the department or the local construction
  855  industry licensing board, if applicable.
  856         2.It may be inferred that a contractor does not have just
  857  cause if the contractor fails to apply for the necessary
  858  permits, start the work, or refund payments within 30 days of
  859  receiving written demand to apply for the necessary permits,
  860  start the work, or refund the payment from the person who made
  861  the payment.
  862         (3)(a) A contractor who receives money for repair,
  863  restoration, addition, improvement, or construction of
  864  residential real property in excess of the value of the work
  865  performed may shall not, with intent to defraud the owner, fail
  866  or refuse to perform any work for any 90-day period or for any
  867  period that is mutually agreed upon and specified in the
  868  contract.
  869         (b) It is prima facie evidence Proof that a contractor
  870  received money for the repair, restoration, addition,
  871  improvement, or construction of residential real property and
  872  that the amount received exceeds the value of the work performed
  873  by the contractor when and that:
  874         1. The contractor failed to perform any of the work for
  875  which he or she contracted during any 90-day 60-day period or
  876  any period that is mutually agreed upon and specified in the
  877  contract;
  878         2. The failure to perform any such work during the 90-day
  879  60-day period or such period that is mutually agreed upon and
  880  specified in the contract was not related to the owner’s
  881  termination of the contract or a material breach of the contract
  882  by the owner; and
  883         3. The contractor failed to perform for the 90-day period
  884  or such period that is mutually agreed upon and specified in the
  885  contract without just cause or terminated the contract without
  886  proper notification to the owner.
  887         a.Proper notification of termination for purposes of this
  888  subparagraph must be made by the contractor in the form of a
  889  letter that includes the reason for termination of the contract
  890  or the reason for failure to perform sent via certified mail,
  891  return receipt requested, mailed to the address of the owner
  892  listed in the contracting agreement. If no written agreement
  893  exists, the letter must be mailed to the address where the work
  894  was to be performed or the address listed on the permit, if
  895  applicable.
  896         b.If a contractor fails to comply with paragraph (a),
  897  written demand must be made to the contractor in the form of a
  898  letter that includes a demand to perform work, or refund the
  899  money received in excess of the value of the work performed,
  900  sent via certified mail, return receipt requested, mailed to the
  901  address listed in the contracting agreement. If there is no
  902  address for the contractor listed in the contracting agreement,
  903  or no agreement exists, the letter must be mailed to the address
  904  listed with the department for licensing purposes or the local
  905  construction industry licensing board, if applicable.
  906         c.It may be inferred that a contractor does not have just
  907  cause if the contractor fails to perform work, or refund the
  908  money received in excess of the value of the work performed,
  909  within 30 days after receiving a written demand to perform the
  910  work, or refund the money received in excess of the value of the
  911  work performed, from the person who made the payment, for an
  912  additional 30-day period after the date of mailing of
  913  notification as specified in paragraph (c), to perform any work
  914  for which he or she contracted,
  915  
  916  gives rise to an inference that the money in excess of the value
  917  of the work performed was taken with the intent to defraud.
  918         (c)Notification as contemplated in paragraph (b) consists
  919  of a certified letter, return receipt requested, mailed to the
  920  address of the contractor as listed in the written contracting
  921  agreement. The letter must indicate that the contractor has
  922  failed to perform any work for a 60-day period, that the failure
  923  to perform the work was not the result of the owner’s
  924  termination of the contract or a material breach of the contract
  925  by the owner, and that the contractor must recommence
  926  construction within 30 days after the date of mailing of the
  927  letter. If there is no address for the contractor listed in the
  928  written contracting agreement, or no written agreement exists,
  929  the letter must be mailed to the address of the contractor
  930  listed in the building permit application.
  931         (4) Any violation of subsection (2) or subsection (3) must
  932  be prosecuted in accordance with the thresholds established in
  933  this section and the following: person who violates any
  934  provision of this section is guilty of theft and shall be
  935  prosecuted and punished under s. 812.014.
  936         (a)The required intent to prove a criminal violation may
  937  be shown to exist at the time that the contractor appropriated
  938  the money to his or her own use and is not required to be proven
  939  to exist at the time of the taking of the money from the owner
  940  or at the time the owner makes a payment to the contractor.
  941         (b)It may be inferred that a contractor intended to
  942  deprive the owner of the right to the money owed, or deprive the
  943  owner of the benefit from it, and inferred that the contractor
  944  appropriated the money for his or her own use, or to a person
  945  not entitled to the use of the money, if the contractor fails to
  946  refund any portion of the money owed within 30 days after
  947  receiving a written demand for such money from the owner.
  948         (c)In a prosecution for a violation of this section, the
  949  fact that the person so charged intended to return the money
  950  owed is not a defense.
  951         (5)A person who violates subsection (2) commits:
  952         (a)A misdemeanor of the first degree, punishable as
  953  provided in s. 775.082 or s. 775.083, if the total money
  954  received is less than $1,000.
  955         (b)A felony of the third degree, punishable as provided in
  956  s. 775.082, s. 775.083, or s. 775.084, if the total money
  957  received is $1,000 or more, but less than $20,000.
  958         (c)A felony of the second degree, punishable as provided
  959  in s. 775.082, s. 775.083, or s. 775.084, if the total money
  960  received is $20,000 or more, but less than $200,000.
  961         (d)A felony of the first degree, punishable as provided in
  962  s. 775.082, s. 775.083, or s. 775.084, if the total money
  963  received is $200,000 or more.
  964         (6)A person who violates subsection (3) commits:
  965         (a)A misdemeanor of the first degree, punishable as
  966  provided in s. 775.082 or s. 775.083, if the total money
  967  received exceeding the value of the work performed is less than
  968  $1,000.
  969         (b)A felony of the third degree, punishable as provided in
  970  s. 775.082, s. 775.083, or s. 775.084, if the total money
  971  received exceeding the value of the work performed is $1,000 or
  972  more, but less than $20,000.
  973         (c)A felony of the second degree, punishable as provided
  974  in s. 775.082, s. 775.083, or s. 775.084, if the total money
  975  received exceeding the value of the work performed is $20,000 or
  976  more, but less than $200,000.
  977         (d)A felony of the first degree, punishable as provided in
  978  s. 775.082, s. 775.083, or s. 775.084, if the total money
  979  received exceeding the value of the work performed is $200,000
  980  or more.
  981         Section 20. Subsections (7) through (10) are added to
  982  section 489.553, Florida Statutes, to read:
  983         489.553 Administration of part; registration
  984  qualifications; examination.—
  985         (7)Notwithstanding any other law, a conviction, or any
  986  other adjudication, for a crime more than 5 years before the
  987  date the application is received by the department or other
  988  applicable authority may not be grounds for denial of
  989  registration. For purposes of this subsection, the term
  990  “conviction” means a determination of guilt that is the result
  991  of a plea or trial, regardless of whether adjudication is
  992  withheld. This subsection does not limit a board from
  993  considering an applicant’s criminal history that includes any
  994  crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
  995  only if such criminal history has been found to relate to the
  996  practice of the applicable profession, or any crime if it has
  997  been found to relate to good moral character.
  998         (8)(a)A person may apply to be registered before his or
  999  her lawful release from confinement or supervision. The
 1000  department or other applicable authority may not charge an
 1001  applicant an additional fee for being confined or under
 1002  supervision. The department or other applicable authority may
 1003  not deny an application for registration solely on the basis of
 1004  the applicant’s current confinement or supervision.
 1005         (b)After a registration application is approved, the
 1006  department or other applicable authority may stay the issuance
 1007  of registration until the applicant is lawfully released from
 1008  confinement or supervision and the applicant notifies the board
 1009  of such release. The department or other applicable authority
 1010  must verify the applicant’s release with the Department of
 1011  Corrections before it registers such applicant.
 1012         (c)If an applicant is unable to appear in person due to
 1013  his or her confinement or supervision, the department or other
 1014  applicable authority must permit the applicant to appear by
 1015  teleconference or video conference, as appropriate, at any
 1016  meeting or hearing by the department or other applicable
 1017  authority concerning his or her application.
 1018         (d)If an applicant is confined or under supervision, the
 1019  Department of Corrections and the department or other applicable
 1020  authority shall cooperate and coordinate to facilitate the
 1021  appearance of the applicant at a meeting or hearing in person,
 1022  by teleconference, or by video conference, as appropriate.
 1023         (9)The department or other applicable authority shall
 1024  compile a list of crimes that, if committed and regardless of
 1025  adjudication, do not relate to the practice of the profession or
 1026  the ability to practice the profession and do not constitute
 1027  grounds for denial of registration. This list must be made
 1028  available on the department’s website and updated annually.
 1029  Beginning October 1, 2019, and updated quarterly thereafter, the
 1030  department or other applicable authority shall add to this list
 1031  such crimes that although reported by an applicant for
 1032  registration, were not used as a basis for denial in the past 2
 1033  years. The list must identify for each such registration
 1034  application the crime reported and the date of conviction, plea,
 1035  adjudication, or sentencing.
 1036         (10)The department or other applicable authority shall
 1037  compile a list of crimes that have been used as a basis for
 1038  denial of registration in the past 2 years and make the list
 1039  available on the department’s website. Beginning October 1,
 1040  2019, and updated quarterly thereafter, the department shall add
 1041  to this list each crime used as a basis for denial. For each
 1042  crime listed, the department must identify the date of
 1043  conviction, plea, adjudication, or sentencing. Such denials must
 1044  be made available to the public upon request.
 1045         Section 21. Subsection (2) of section 500.451, Florida
 1046  Statutes, is amended and subsection (1) of that section is
 1047  republished, to read:
 1048         500.451 Horse meat; offenses.—
 1049         (1) It is unlawful for any person to:
 1050         (a) Sell in the markets of this state horse meat for human
 1051  consumption unless the horse meat is clearly stamped, marked,
 1052  and described as horse meat for human consumption.
 1053         (b) Knowingly transport, distribute, sell, purchase, or
 1054  possess horse meat for human consumption that is not clearly
 1055  stamped, marked, and described as horse meat for human
 1056  consumption or horse meat that is not acquired from a licensed
 1057  slaughterhouse.
 1058         (2) A person that violates this section commits a felony of
 1059  the third degree, punishable as provided in s. 775.082, s.
 1060  775.083, or s. 775.084, except that any person who commits a
 1061  violation of this section must shall be sentenced to a minimum
 1062  mandatory fine of $3,500 and a minimum mandatory period of
 1063  incarceration of 1 year.
 1064         Section 22. Subsection (1) of section 509.151, Florida
 1065  Statutes, is amended to read:
 1066         509.151 Obtaining food or lodging with intent to defraud;
 1067  penalty.—
 1068         (1) Any person who obtains food, lodging, or other
 1069  accommodations having a value of less than $1,000 $300 at any
 1070  public food service establishment, or at any transient
 1071  establishment, with intent to defraud the operator thereof,
 1072  commits is guilty of a misdemeanor of the second degree,
 1073  punishable as provided in s. 775.082 or s. 775.083; if such
 1074  food, lodging, or other accommodations have a value of $1,000
 1075  $300 or more, such person commits is guilty of a felony of the
 1076  third degree, punishable as provided in s. 775.082, s. 775.083,
 1077  or s. 775.084.
 1078         Section 23. Paragraph (a) of subsection (1) and paragraph
 1079  (c) of subsection (2) of section 562.11, Florida Statutes, are
 1080  amended to read:
 1081         562.11 Selling, giving, or serving alcoholic beverages to
 1082  person under age 21; providing a proper name; misrepresenting or
 1083  misstating age or age of another to induce licensee to serve
 1084  alcoholic beverages to person under 21; penalties.—
 1085         (1)(a)1. A person may not sell, give, serve, or permit to
 1086  be served alcoholic beverages to a person under 21 years of age
 1087  or permit a person under 21 years of age to consume such
 1088  beverages on the licensed premises. A person who violates this
 1089  paragraph subparagraph commits a misdemeanor of the second
 1090  degree, punishable as provided in s. 775.082 or s. 775.083. A
 1091  person who violates this paragraph subparagraph a second or
 1092  subsequent time within 1 year after a prior conviction commits a
 1093  misdemeanor of the first degree, punishable as provided in s.
 1094  775.082 or s. 775.083.
 1095         2.In addition to any other penalty imposed for a violation
 1096  of subparagraph 1., the court may order the Department of
 1097  Highway Safety and Motor Vehicles to withhold the issuance of,
 1098  or suspend or revoke, the driver license or driving privilege,
 1099  as provided in s. 322.057, of any person who violates
 1100  subparagraph 1. This subparagraph does not apply to a licensee,
 1101  as defined in s. 561.01, who violates subparagraph 1. while
 1102  acting within the scope of his or her license or an employee or
 1103  agent of a licensee, as defined in s. 561.01, who violates
 1104  subparagraph 1. while engaged within the scope of his or her
 1105  employment or agency.
 1106         3.A court that withholds the issuance of, or suspends or
 1107  revokes, the driver license or driving privilege of a person
 1108  pursuant to subparagraph 2. may direct the Department of Highway
 1109  Safety and Motor Vehicles to issue the person a license for
 1110  driving privilege restricted to business purposes only, as
 1111  defined in s. 322.271, if he or she is otherwise qualified.
 1112         (2) It is unlawful for any person to misrepresent or
 1113  misstate his or her age or the age of any other person for the
 1114  purpose of inducing any licensee or his or her agents or
 1115  employees to sell, give, serve, or deliver any alcoholic
 1116  beverages to a person under 21 years of age, or for any person
 1117  under 21 years of age to purchase or attempt to purchase
 1118  alcoholic beverages.
 1119         (c) In addition to any other penalty imposed for a
 1120  violation of this subsection, if a person uses a driver license
 1121  or identification card issued by the Department of Highway
 1122  Safety and Motor Vehicles in violation of this subsection, the
 1123  court:
 1124         1. may order the person to participate in public service or
 1125  a community work project for a period not to exceed 40 hours;
 1126  and
 1127         2.Shall direct the Department of Highway Safety and Motor
 1128  Vehicles to withhold issuance of, or suspend or revoke, the
 1129  person’s driver license or driving privilege, as provided in s.
 1130  322.056.
 1131         Section 24. Subsection (3) of section 562.111, Florida
 1132  Statutes, is amended to read:
 1133         562.111 Possession of alcoholic beverages by persons under
 1134  age 21 prohibited.—
 1135         (3)In addition to any other penalty imposed for a
 1136  violation of subsection (1), the court shall direct the
 1137  Department of Highway Safety and Motor Vehicles to withhold
 1138  issuance of, or suspend or revoke, the violator’s driver license
 1139  or driving privilege, as provided in s. 322.056.
 1140         Section 25. Subsection (8) of section 562.27, Florida
 1141  Statutes, is amended, and subsections (1) through (7) of that
 1142  section are republished, to read:
 1143         562.27 Seizure and forfeiture.—
 1144         (1) It is unlawful for any person to have in her or his
 1145  possession, custody, or control, or to own, make, construct, or
 1146  repair, any still, still piping, still apparatus, or still worm,
 1147  or any piece or part thereof, designed or adapted for the
 1148  manufacture of an alcoholic beverage, or to have in her or his
 1149  possession, custody or control any receptacle or container
 1150  containing any mash, wort, or wash, or other fermented liquids
 1151  whatever capable of being distilled or manufactured into an
 1152  alcoholic beverage, unless such possession, custody, control,
 1153  ownership, manufacture, construction, or repairing be by or for
 1154  a person authorized by law to manufacture such alcoholic
 1155  beverage.
 1156         (2) It is unlawful for any person to have in her or his
 1157  possession, custody, or control any raw materials or substance
 1158  intended to be used in the distillation or manufacturing of an
 1159  alcoholic beverage unless the person holds a license from the
 1160  state authorizing the manufacture of the alcoholic beverage.
 1161         (3) The terms “raw material” or “substance” for the purpose
 1162  of this chapter shall mean and include, but not be limited to,
 1163  any of the following: Any grade or type of sugar, syrup, or
 1164  molasses derived from sugarcane, sugar beets, corn, sorghum, or
 1165  any other source; starch; potatoes; grain or cornmeal, corn
 1166  chops, cracked corn, rye chops, middlings, shorts, bran, or any
 1167  other grain derivative; malt; malt sugar or malt syrup; oak
 1168  chips, charred or not charred; yeast; cider; honey; fruit;
 1169  grapes; berries; fruit, grape or berry juices or concentrates;
 1170  wine; caramel; burnt sugar; gin flavor; Chinese bean cake or
 1171  Chinese wine cake; urea; ammonium phosphate, ammonium carbonate,
 1172  ammonium sulphate, or any other yeast food; ethyl acetate or any
 1173  other ethyl ester; any other material of the character used in
 1174  the manufacture of distilled spirits or any chemical or other
 1175  material suitable for promoting or accelerating fermentation;
 1176  any chemical or material of the character used in the production
 1177  of distilled spirits by chemical reaction; or any combination of
 1178  such materials or chemicals.
 1179         (4) Any such raw materials, substance, or any still, still
 1180  piping, still apparatus, or still worm, or any piece or part
 1181  thereof, or any mash, wort, or wash, or other fermented liquid
 1182  and the receptacle or container thereof, and any alcoholic
 1183  beverage, together with all personal property used to facilitate
 1184  the manufacture or production of the alcoholic beverage or to
 1185  facilitate the violation of the alcoholic beverage control laws
 1186  of this state or the United States, may be seized by the
 1187  division or by any sheriff or deputy sheriff and shall be
 1188  forfeited to the state.
 1189         (5) It shall be unlawful for any person to sell or
 1190  otherwise dispose of raw materials or other substances knowing
 1191  same are to be used in the distillation or manufacture of an
 1192  alcoholic beverage unless such person receiving same, by
 1193  purchase or otherwise, holds a license from the state
 1194  authorizing the manufacture of such alcoholic beverage.
 1195         (6) Any vehicle, vessel, or aircraft used in the
 1196  transportation or removal of or for the deposit or concealment
 1197  of any illicit liquor still or stilling apparatus; any mash,
 1198  wort, wash, or other fermented liquids capable of being
 1199  distilled or manufactured into an alcoholic beverage; or any
 1200  alcoholic beverage commonly known and referred to as “moonshine
 1201  whiskey” shall be seized and may be forfeited as provided by the
 1202  Florida Contraband Forfeiture Act. Any sheriff, deputy sheriff,
 1203  employee of the division, or police officer may seize any of the
 1204  vehicles, vessels, or conveyances, and the same may be forfeited
 1205  as provided by law.
 1206         (7) The finding of any still, still piping, still
 1207  apparatus, or still worm, or any piece or part thereof, or any
 1208  mash, wort, or wash or other fermented liquids in the dwelling
 1209  house or place of business, or so near thereto as to lead to the
 1210  reasonable belief that they are within the possession, custody,
 1211  or control of the occupants of the dwelling house or place of
 1212  business, shall be prima facie evidence of a violation of this
 1213  section by the occupants of the dwelling house or place of
 1214  business.
 1215         (8) Any person violating any provisions of this section of
 1216  the law commits shall be guilty of a misdemeanor felony of the
 1217  second third degree, punishable as provided in s. 775.082 or, s.
 1218  775.083, or s. 775.084.
 1219         Section 26. Subsections (1) and (2) of section 562.451,
 1220  Florida Statutes, are amended to read:
 1221         562.451 Moonshine whiskey; ownership, possession, or
 1222  control prohibited; penalties; rule of evidence.—
 1223         (1) Any person who owns or has in her or his possession or
 1224  under her or his control less than 1 gallon of liquor, as
 1225  defined in the Beverage Law, which was not made or manufactured
 1226  in accordance with the laws in effect at the time when and place
 1227  where the same was made or manufactured commits shall be guilty
 1228  of a misdemeanor of the second degree, punishable as provided in
 1229  s. 775.082 or s. 775.083.
 1230         (2) Any person who owns or has in her or his possession or
 1231  under her or his control 1 gallon or more of liquor, as defined
 1232  in the Beverage Law, which was not made or manufactured in
 1233  accordance with the laws in effect at the time when and place
 1234  where the same was made or manufactured commits shall be guilty
 1235  of a misdemeanor felony of the first third degree, punishable as
 1236  provided in s. 775.082 or, s. 775.083, or s. 775.084.
 1237         Section 27. Subsections (1), (2), and (5) of section
 1238  569.11, Florida Statutes, are amended to read:
 1239         569.11 Possession, misrepresenting age or military service
 1240  to purchase, and purchase of tobacco products by persons under
 1241  18 years of age prohibited; penalties; jurisdiction; disposition
 1242  of fines.—
 1243         (1) It is unlawful for any person under 18 years of age to
 1244  knowingly possess any tobacco product. Any person under 18 years
 1245  of age who violates the provisions of this subsection commits a
 1246  noncriminal violation as provided in s. 775.08(3), punishable
 1247  by:
 1248         (a) For a first violation, 16 hours of community service
 1249  or, instead of community service, a $25 fine. In addition, the
 1250  person must attend a school-approved anti-tobacco program, if
 1251  locally available; or
 1252         (b) For a second or subsequent violation within 12 weeks
 1253  after of the first violation, a $25 fine; or
 1254         (c)For a third or subsequent violation within 12 weeks of
 1255  the first violation, the court must direct the Department of
 1256  Highway Safety and Motor Vehicles to withhold issuance of or
 1257  suspend or revoke the person’s driver license or driving
 1258  privilege, as provided in s. 322.056.
 1259  
 1260  Any second or subsequent violation not within the 12-week time
 1261  period after the first violation is punishable as provided for a
 1262  first violation.
 1263         (2) It is unlawful for any person under 18 years of age to
 1264  misrepresent his or her age or military service for the purpose
 1265  of inducing a dealer or an agent or employee of the dealer to
 1266  sell, give, barter, furnish, or deliver any tobacco product, or
 1267  to purchase, or attempt to purchase, any tobacco product from a
 1268  person or a vending machine. Any person under 18 years of age
 1269  who violates a provision of this subsection commits a
 1270  noncriminal violation as provided in s. 775.08(3), punishable
 1271  by:
 1272         (a) For a first violation, 16 hours of community service
 1273  or, instead of community service, a $25 fine and, in addition,
 1274  the person must attend a school-approved anti-tobacco program,
 1275  if available; or
 1276         (b) For a second or subsequent violation within 12 weeks
 1277  after of the first violation, a $25 fine; or
 1278         (c)For a third or subsequent violation within 12 weeks of
 1279  the first violation, the court must direct the Department of
 1280  Highway Safety and Motor Vehicles to withhold issuance of or
 1281  suspend or revoke the person’s driver license or driving
 1282  privilege, as provided in s. 322.056.
 1283  
 1284  Any second or subsequent violation not within the 12-week time
 1285  period after the first violation is punishable as provided for a
 1286  first violation.
 1287         (5)(a) If a person under 18 years of age is found by the
 1288  court to have committed a noncriminal violation under this
 1289  section and that person has failed to complete community
 1290  service, pay the fine as required by paragraph (1)(a) or
 1291  paragraph (2)(a), or attend a school-approved anti-tobacco
 1292  program, if locally available, the court may must direct the
 1293  Department of Highway Safety and Motor Vehicles to withhold
 1294  issuance of or suspend the driver license or driving privilege
 1295  of that person for a period of 30 consecutive days.
 1296         (b) If a person under 18 years of age is found by the court
 1297  to have committed a noncriminal violation under this section and
 1298  that person has failed to pay the applicable fine as required by
 1299  paragraph (1)(b) or paragraph (2)(b), the court may must direct
 1300  the Department of Highway Safety and Motor Vehicles to withhold
 1301  issuance of or suspend the driver license or driving privilege
 1302  of that person for a period of 45 consecutive days.
 1303         Section 28. Section 713.69, Florida Statutes, is amended to
 1304  read:
 1305         713.69 Unlawful to remove property upon which lien has
 1306  accrued.—It is unlawful for any person to remove any property
 1307  upon which a lien has accrued under the provisions of s. 713.68
 1308  from any hotel, apartment house, roominghouse, lodginghouse,
 1309  boardinghouse or tenement house without first making full
 1310  payment to the person operating or conducting the same of all
 1311  sums due and payable for such occupancy or without first having
 1312  the written consent of such person so conducting or operating
 1313  such place to so remove such property. Any person who violates
 1314  violating the provisions of this section shall, if the value of
 1315  the property removed in violation hereof is less than $1,000 be
 1316  of the value of $50 or less, commits be guilty of a misdemeanor
 1317  of the second degree, punishable as provided in s. 775.082 or s.
 1318  775.083; and if the value of the property so removed is $1,000
 1319  or more, should be of greater value than $50 then such person
 1320  commits shall be guilty of a felony of the third degree,
 1321  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1322         Section 29. Paragraph (g) of subsection (1) of section
 1323  741.30, Florida Statutes, is amended to read:
 1324         741.30 Domestic violence; injunction; powers and duties of
 1325  court and clerk; petition; notice and hearing; temporary
 1326  injunction; issuance of injunction; statewide verification
 1327  system; enforcement; public records exemption.—
 1328         (1) There is created a cause of action for an injunction
 1329  for protection against domestic violence.
 1330         (g) Notwithstanding any other law, attorney fees may not be
 1331  awarded in any proceeding under this section.
 1332         Section 30. Paragraphs (a) and (d) of subsection (9) of
 1333  section 775.082, Florida Statutes, are amended to read:
 1334         775.082 Penalties; applicability of sentencing structures;
 1335  mandatory minimum sentences for certain reoffenders previously
 1336  released from prison.—
 1337         (9)(a)1. “Prison releasee reoffender” means any defendant
 1338  who commits, or attempts to commit:
 1339         a. Treason;
 1340         b. Murder;
 1341         c. Manslaughter;
 1342         d. Sexual battery;
 1343         e. Carjacking;
 1344         f. Home-invasion robbery;
 1345         g. Robbery;
 1346         h. Arson;
 1347         i. Kidnapping;
 1348         j. Aggravated assault with a deadly weapon;
 1349         k. Aggravated battery;
 1350         l. Aggravated stalking;
 1351         m. Aircraft piracy;
 1352         n. Unlawful throwing, placing, or discharging of a
 1353  destructive device or bomb;
 1354         o. Any felony that involves the use or threat of physical
 1355  force or violence against an individual;
 1356         p. Armed burglary;
 1357         q. Burglary of a dwelling or burglary of an occupied
 1358  structure; or
 1359         r. Any felony violation of s. 790.07, s. 800.04, s. 827.03,
 1360  s. 827.071, or s. 847.0135(5);
 1361  
 1362  within 3 years after being released from a state correctional
 1363  facility operated by the Department of Corrections or a private
 1364  vendor, a county detention facility following incarceration for
 1365  an offense for which the sentence pronounced was a prison
 1366  sentence, or within 3 years after being released from a
 1367  correctional institution of another state, the District of
 1368  Columbia, the United States, any possession or territory of the
 1369  United States, or any foreign jurisdiction, following
 1370  incarceration for an offense for which the sentence is
 1371  punishable by more than 1 year in this state.
 1372         2. “Prison releasee reoffender” also means any defendant
 1373  who commits or attempts to commit any offense listed in sub
 1374  subparagraphs (a)1.a.-r. while the defendant was serving a
 1375  prison sentence or on escape status from a state correctional
 1376  facility operated by the Department of Corrections or a private
 1377  vendor or while the defendant was on escape status from a
 1378  correctional institution of another state, the District of
 1379  Columbia, the United States, any possession or territory of the
 1380  United States, or any foreign jurisdiction, following
 1381  incarceration for an offense for which the sentence is
 1382  punishable by more than 1 year in this state.
 1383         3. If the state attorney determines that a defendant is a
 1384  prison releasee reoffender as defined in subparagraph 1., the
 1385  state attorney may seek to have the court sentence the defendant
 1386  as a prison releasee reoffender. Upon proof from the state
 1387  attorney that establishes by a preponderance of the evidence
 1388  that a defendant is a prison releasee reoffender as defined in
 1389  this section, such defendant is not eligible for sentencing
 1390  under the sentencing guidelines and must be sentenced as
 1391  follows:
 1392         a. For a felony punishable by life, by a term of
 1393  imprisonment for life;
 1394         b. For a felony of the first degree, by a term of
 1395  imprisonment of 30 years;
 1396         c. For a felony of the second degree, by a term of
 1397  imprisonment of 15 years; and
 1398         d. For a felony of the third degree, by a term of
 1399  imprisonment of 5 years.
 1400         (d)1. It is the intent of the Legislature that offenders
 1401  previously released from prison or a county detention facility
 1402  following incarceration for an offense for which the sentence
 1403  pronounced was a prison sentence who meet the criteria in
 1404  paragraph (a) be punished to the fullest extent of the law and
 1405  as provided in this subsection, unless the state attorney
 1406  determines that extenuating circumstances exist which preclude
 1407  the just prosecution of the offender, including whether the
 1408  victim recommends that the offender not be sentenced as provided
 1409  in this subsection.
 1410         2. For every case in which the offender meets the criteria
 1411  in paragraph (a) and does not receive the mandatory minimum
 1412  prison sentence, the state attorney must explain the sentencing
 1413  deviation in writing and place such explanation in the case file
 1414  maintained by the state attorney.
 1415         Section 31. Paragraph (d) of subsection (1) of section
 1416  784.048, Florida Statutes, is amended, and subsections (2)
 1417  through (5) and (7) of that section are republished, to read:
 1418         784.048 Stalking; definitions; penalties.—
 1419         (1) As used in this section, the term:
 1420         (d) “Cyberstalk” means:
 1421         1. To engage in a course of conduct to communicate, or to
 1422  cause to be communicated, words, images, or language by or
 1423  through the use of electronic mail or electronic communication,
 1424  directed at a specific person; or
 1425         2.To access, or attempt to access, the online accounts or
 1426  Internet-connected home electronic systems of another person
 1427  without that person’s permission,
 1428  
 1429  causing substantial emotional distress to that person and
 1430  serving no legitimate purpose.
 1431         (2) A person who willfully, maliciously, and repeatedly
 1432  follows, harasses, or cyberstalks another person commits the
 1433  offense of stalking, a misdemeanor of the first degree,
 1434  punishable as provided in s. 775.082 or s. 775.083.
 1435         (3) A person who willfully, maliciously, and repeatedly
 1436  follows, harasses, or cyberstalks another person and makes a
 1437  credible threat to that person commits the offense of aggravated
 1438  stalking, a felony of the third degree, punishable as provided
 1439  in s. 775.082, s. 775.083, or s. 775.084.
 1440         (4) A person who, after an injunction for protection
 1441  against repeat violence, sexual violence, or dating violence
 1442  pursuant to s. 784.046, or an injunction for protection against
 1443  domestic violence pursuant to s. 741.30, or after any other
 1444  court-imposed prohibition of conduct toward the subject person
 1445  or that person’s property, knowingly, willfully, maliciously,
 1446  and repeatedly follows, harasses, or cyberstalks another person
 1447  commits the offense of aggravated stalking, a felony of the
 1448  third degree, punishable as provided in s. 775.082, s. 775.083,
 1449  or s. 775.084.
 1450         (5) A person who willfully, maliciously, and repeatedly
 1451  follows, harasses, or cyberstalks a child under 16 years of age
 1452  commits the offense of aggravated stalking, a felony of the
 1453  third degree, punishable as provided in s. 775.082, s. 775.083,
 1454  or s. 775.084.
 1455         (7) A person who, after having been sentenced for a
 1456  violation of s. 794.011, s. 800.04, or s. 847.0135(5) and
 1457  prohibited from contacting the victim of the offense under s.
 1458  921.244, willfully, maliciously, and repeatedly follows,
 1459  harasses, or cyberstalks the victim commits the offense of
 1460  aggravated stalking, a felony of the third degree, punishable as
 1461  provided in s. 775.082, s. 775.083, or s. 775.084.
 1462         Section 32. Subsection (1) of section 790.052, Florida
 1463  Statutes, is amended to read:
 1464         790.052 Carrying concealed firearms; off-duty law
 1465  enforcement officers.—
 1466         (1)(a) All persons holding active certifications from the
 1467  Criminal Justice Standards and Training Commission as law
 1468  enforcement officers or correctional officers as defined in s.
 1469  943.10(1), (2), (6), (7), (8), or (9) shall have the right to
 1470  carry, on or about their persons, concealed firearms, during
 1471  off-duty hours, at the discretion of their superior officers,
 1472  and may perform those law enforcement functions that they
 1473  normally perform during duty hours, utilizing their weapons in a
 1474  manner which is reasonably expected of on-duty officers in
 1475  similar situations.
 1476         (b)All persons holding an active certification from the
 1477  Criminal Justice Standards and Training Commission as a law
 1478  enforcement officer or a correctional officer as defined in s.
 1479  943.10(1), (2), (6), (7), (8), or (9) meet the definition of
 1480  “qualified law enforcement officer” in 18 U.S.C. s. 926B(c).
 1481         (c)All persons who held an active certification from the
 1482  Criminal Justice Standards and Training Commission as a law
 1483  enforcement officer or correctional officer as defined in s.
 1484  943.10(1), (2), (6), (7), (8), or (9), while working for an
 1485  employing agency, as defined in s. 943.10(4), but have separated
 1486  from service under the conditions set forth in 18 U.S.C. s.
 1487  926C(c), meet the definition of “qualified retired law
 1488  enforcement officer.”
 1489         (d)However, nothing in This section does not subsection
 1490  shall be construed to limit the right of a law enforcement
 1491  officer, correctional officer, or correctional probation officer
 1492  to carry a concealed firearm off duty as a private citizen under
 1493  the exemption provided in s. 790.06 that allows a law
 1494  enforcement officer, correctional officer, or correctional
 1495  probation officer as defined in s. 943.10(1), (2), (3), (6),
 1496  (7), (8), or (9) to carry a concealed firearm without a
 1497  concealed weapon or firearm license. The appointing or employing
 1498  agency or department of an officer carrying a concealed firearm
 1499  as a private citizen under s. 790.06 shall not be liable for the
 1500  use of the firearm in such capacity. Nothing herein limits the
 1501  authority of the appointing or employing agency or department
 1502  from establishing policies limiting law enforcement officers or
 1503  correctional officers from carrying concealed firearms during
 1504  off-duty hours in their capacity as appointees or employees of
 1505  the agency or department.
 1506         Section 33. Subsections (5) and (10) of section 790.22,
 1507  Florida Statutes, are amended to read:
 1508         790.22 Use of BB guns, air or gas-operated guns, or
 1509  electric weapons or devices by minor under 16; limitation;
 1510  possession of firearms by minor under 18 prohibited; penalties.—
 1511         (5)(a) A minor who violates subsection (3) commits a
 1512  misdemeanor of the first degree; for a first offense, may serve
 1513  a period of detention of up to 3 days in a secure detention
 1514  facility; and, in addition to any other penalty provided by law,
 1515  shall be required to perform 100 hours of community service;
 1516  and:
 1517         1. If the minor is eligible by reason of age for a driver
 1518  license or driving privilege, the court may shall direct the
 1519  Department of Highway Safety and Motor Vehicles to revoke or to
 1520  withhold issuance of the minor’s driver license or driving
 1521  privilege for up to 1 year.
 1522         2. If the minor’s driver license or driving privilege is
 1523  under suspension or revocation for any reason, the court may
 1524  shall direct the Department of Highway Safety and Motor Vehicles
 1525  to extend the period of suspension or revocation by an
 1526  additional period of up to 1 year.
 1527         3. If the minor is ineligible by reason of age for a driver
 1528  license or driving privilege, the court may shall direct the
 1529  Department of Highway Safety and Motor Vehicles to withhold
 1530  issuance of the minor’s driver license or driving privilege for
 1531  up to 1 year after the date on which the minor would otherwise
 1532  have become eligible.
 1533         (b) For a second or subsequent offense, a minor who
 1534  violates subsection (3) commits a felony of the third degree and
 1535  shall serve a period of detention of up to 15 days in a secure
 1536  detention facility and shall be required to perform not less
 1537  than 100 nor more than 250 hours of community service, and:
 1538         1. If the minor is eligible by reason of age for a driver
 1539  license or driving privilege, the court may shall direct the
 1540  Department of Highway Safety and Motor Vehicles to revoke or to
 1541  withhold issuance of the minor’s driver license or driving
 1542  privilege for up to 2 years.
 1543         2. If the minor’s driver license or driving privilege is
 1544  under suspension or revocation for any reason, the court may
 1545  shall direct the Department of Highway Safety and Motor Vehicles
 1546  to extend the period of suspension or revocation by an
 1547  additional period of up to 2 years.
 1548         3. If the minor is ineligible by reason of age for a driver
 1549  license or driving privilege, the court may shall direct the
 1550  Department of Highway Safety and Motor Vehicles to withhold
 1551  issuance of the minor’s driver license or driving privilege for
 1552  up to 2 years after the date on which the minor would otherwise
 1553  have become eligible.
 1554  
 1555  For the purposes of this subsection, community service shall be
 1556  performed, if possible, in a manner involving a hospital
 1557  emergency room or other medical environment that deals on a
 1558  regular basis with trauma patients and gunshot wounds.
 1559         (10) If a minor is found to have committed an offense under
 1560  subsection (9), the court shall impose the following penalties
 1561  in addition to any penalty imposed under paragraph (9)(a) or
 1562  paragraph (9)(b):
 1563         (a) For a first offense:
 1564         1. If the minor is eligible by reason of age for a driver
 1565  license or driving privilege, the court may shall direct the
 1566  Department of Highway Safety and Motor Vehicles to revoke or to
 1567  withhold issuance of the minor’s driver license or driving
 1568  privilege for up to 1 year.
 1569         2. If the minor’s driver license or driving privilege is
 1570  under suspension or revocation for any reason, the court may
 1571  shall direct the Department of Highway Safety and Motor Vehicles
 1572  to extend the period of suspension or revocation by an
 1573  additional period for up to 1 year.
 1574         3. If the minor is ineligible by reason of age for a driver
 1575  license or driving privilege, the court may shall direct the
 1576  Department of Highway Safety and Motor Vehicles to withhold
 1577  issuance of the minor’s driver license or driving privilege for
 1578  up to 1 year after the date on which the minor would otherwise
 1579  have become eligible.
 1580         (b) For a second or subsequent offense:
 1581         1. If the minor is eligible by reason of age for a driver
 1582  license or driving privilege, the court may shall direct the
 1583  Department of Highway Safety and Motor Vehicles to revoke or to
 1584  withhold issuance of the minor’s driver license or driving
 1585  privilege for up to 2 years.
 1586         2. If the minor’s driver license or driving privilege is
 1587  under suspension or revocation for any reason, the court may
 1588  shall direct the Department of Highway Safety and Motor Vehicles
 1589  to extend the period of suspension or revocation by an
 1590  additional period for up to 2 years.
 1591         3. If the minor is ineligible by reason of age for a driver
 1592  license or driving privilege, the court may shall direct the
 1593  Department of Highway Safety and Motor Vehicles to withhold
 1594  issuance of the minor’s driver license or driving privilege for
 1595  up to 2 years after the date on which the minor would otherwise
 1596  have become eligible.
 1597         Section 34. Section 800.09, Florida Statutes, is amended to
 1598  read:
 1599         800.09 Lewd or lascivious exhibition in the presence of an
 1600  employee.—
 1601         (1) As used in this section, the term:
 1602         (a) “Employee” means:
 1603         1. Any person employed by or performing contractual
 1604  services for a public or private entity operating a state
 1605  correctional institution or private correctional facility; or
 1606         2. Any person employed by or performing contractual
 1607  services for the corporation operating the prison industry
 1608  enhancement programs or the correctional work programs under
 1609  part II of chapter 946;. The term also includes
 1610         3. Any person who is a parole examiner with the Florida
 1611  Commission on Offender Review; or
 1612         4.Any person employed at or performing contractual
 1613  services for a county detention facility.
 1614         (b) “Facility” means a state correctional institution as
 1615  defined in s. 944.02, or a private correctional facility as
 1616  defined in s. 944.710, or a county detention facility as defined
 1617  in s. 951.23.
 1618         (2)(a) A person who is detained in a facility may not:
 1619         1. Intentionally masturbate;
 1620         2. Intentionally expose the genitals in a lewd or
 1621  lascivious manner; or
 1622         3. Intentionally commit any other sexual act that does not
 1623  involve actual physical or sexual contact with the victim,
 1624  including, but not limited to, sadomasochistic abuse, sexual
 1625  bestiality, or the simulation of any act involving sexual
 1626  activity,
 1627  
 1628  in the presence of a person he or she knows or reasonably should
 1629  know is an employee.
 1630         (b) A person who violates paragraph (a) commits lewd or
 1631  lascivious exhibition in the presence of an employee, a felony
 1632  of the third degree, punishable as provided in s. 775.082, s.
 1633  775.083, or s. 775.084.
 1634         Section 35. Subsection (7) of section 806.13, Florida
 1635  Statutes, is amended, and subsection (8) of that section is
 1636  republished, to read:
 1637         806.13 Criminal mischief; penalties; penalty for minor.—
 1638         (7) In addition to any other penalty provided by law, if a
 1639  minor is found to have committed a delinquent act under this
 1640  section for placing graffiti on any public property or private
 1641  property, and:
 1642         (a) The minor is eligible by reason of age for a driver
 1643  license or driving privilege, the court may shall direct the
 1644  Department of Highway Safety and Motor Vehicles to revoke or
 1645  withhold issuance of the minor’s driver license or driving
 1646  privilege for not more than 1 year.
 1647         (b) The minor’s driver license or driving privilege is
 1648  under suspension or revocation for any reason, the court may
 1649  shall direct the Department of Highway Safety and Motor Vehicles
 1650  to extend the period of suspension or revocation by an
 1651  additional period of not more than 1 year.
 1652         (c) The minor is ineligible by reason of age for a driver
 1653  license or driving privilege, the court may shall direct the
 1654  Department of Highway Safety and Motor Vehicles to withhold
 1655  issuance of the minor’s driver license or driving privilege for
 1656  not more than 1 year after the date on which he or she would
 1657  otherwise have become eligible.
 1658         (8) A minor whose driver license or driving privilege is
 1659  revoked, suspended, or withheld under subsection (7) may elect
 1660  to reduce the period of revocation, suspension, or withholding
 1661  by performing community service at the rate of 1 day for each
 1662  hour of community service performed. In addition, if the court
 1663  determines that due to a family hardship, the minor’s driver
 1664  license or driving privilege is necessary for employment or
 1665  medical purposes of the minor or a member of the minor’s family,
 1666  the court shall order the minor to perform community service and
 1667  reduce the period of revocation, suspension, or withholding at
 1668  the rate of 1 day for each hour of community service performed.
 1669  As used in this subsection, the term “community service” means
 1670  cleaning graffiti from public property.
 1671         Section 36. Paragraphs (c), (d), and (e) of subsection (2)
 1672  of section 812.014, Florida Statutes, are amended, and
 1673  subsection (7) is added to that section, to read:
 1674         812.014 Theft.—
 1675         (2)
 1676         (c) It is grand theft of the third degree and a felony of
 1677  the third degree, punishable as provided in s. 775.082, s.
 1678  775.083, or s. 775.084, if the property stolen is:
 1679         1. Valued at $750 $300 or more, but less than $5,000.
 1680         2. Valued at $5,000 or more, but less than $10,000.
 1681         3. Valued at $10,000 or more, but less than $20,000.
 1682         4. A will, codicil, or other testamentary instrument.
 1683         5. A firearm.
 1684         6. A motor vehicle, except as provided in paragraph (a).
 1685         7. Any commercially farmed animal, including any animal of
 1686  the equine, avian, bovine, or swine class or other grazing
 1687  animal; a bee colony of a registered beekeeper; and aquaculture
 1688  species raised at a certified aquaculture facility. If the
 1689  property stolen is a commercially farmed animal, including an
 1690  animal of the equine, avian, bovine, or swine class or other
 1691  grazing animal; a bee colony of a registered beekeeper; or an
 1692  aquaculture species raised at a certified aquaculture facility,
 1693  a $10,000 fine shall be imposed.
 1694         8. Any fire extinguisher that, at the time of the taking,
 1695  was installed in any building for the purpose of fire prevention
 1696  and control. This subparagraph does not apply to a fire
 1697  extinguisher taken from the inventory at a point-of-sale
 1698  business.
 1699         9. Any amount of citrus fruit consisting of 2,000 or more
 1700  individual pieces of fruit.
 1701         10. Taken from a designated construction site identified by
 1702  the posting of a sign as provided for in s. 810.09(2)(d).
 1703         11. Any stop sign.
 1704         12. Anhydrous ammonia.
 1705         13. Any amount of a controlled substance as defined in s.
 1706  893.02. Notwithstanding any other law, separate judgments and
 1707  sentences for theft of a controlled substance under this
 1708  subparagraph and for any applicable possession of controlled
 1709  substance offense under s. 893.13 or trafficking in controlled
 1710  substance offense under s. 893.135 may be imposed when all such
 1711  offenses involve the same amount or amounts of a controlled
 1712  substance.
 1713  
 1714  However, if the property is stolen within a county that is
 1715  subject to a state of emergency declared by the Governor under
 1716  chapter 252, the property is stolen after the declaration of
 1717  emergency is made, and the perpetration of the theft is
 1718  facilitated by conditions arising from the emergency, the
 1719  offender commits a felony of the second degree, punishable as
 1720  provided in s. 775.082, s. 775.083, or s. 775.084, if the
 1721  property is valued at $5,000 or more, but less than $10,000, as
 1722  provided under subparagraph 2., or if the property is valued at
 1723  $10,000 or more, but less than $20,000, as provided under
 1724  subparagraph 3. As used in this paragraph, the term “conditions
 1725  arising from the emergency” means civil unrest, power outages,
 1726  curfews, voluntary or mandatory evacuations, or a reduction in
 1727  the presence of or the response time for first responders or
 1728  homeland security personnel. For purposes of sentencing under
 1729  chapter 921, a felony offense that is reclassified under this
 1730  paragraph is ranked one level above the ranking under s.
 1731  921.0022 or s. 921.0023 of the offense committed.
 1732         (d) It is grand theft of the third degree and a felony of
 1733  the third degree, punishable as provided in s. 775.082, s.
 1734  775.083, or s. 775.084, if the property stolen is valued at $100
 1735  or more, but less than $750 $300, and is taken from a dwelling
 1736  as defined in s. 810.011(2) or from the unenclosed curtilage of
 1737  a dwelling pursuant to s. 810.09(1).
 1738         (e) Except as provided in paragraph (d), if the property
 1739  stolen is valued at $100 or more, but less than $750 $300, the
 1740  offender commits petit theft of the first degree, punishable as
 1741  a misdemeanor of the first degree, as provided in s. 775.082 or
 1742  s. 775.083.
 1743         (7)The Office of Program Policy Analysis and Government
 1744  Accountability (OPPAGA) shall perform a study every 5 years to
 1745  determine the appropriateness of the threshold amounts included
 1746  in this section. The study’s scope must include, but need not be
 1747  limited to, the crime trends related to theft offenses, the
 1748  theft threshold amounts of other states in effect at the time of
 1749  the study, the fiscal impact of any modifications to this
 1750  state’s threshold amounts, and the effect on economic factors,
 1751  such as inflation. The study must include options for amending
 1752  the threshold amounts if the study finds that such amounts are
 1753  inconsistent with current trends. In conducting the study,
 1754  OPPAGA shall consult with the Office of Economic and Demographic
 1755  Research in addition to other interested entities. OPPAGA shall
 1756  submit a report to the Governor, the President of the Senate,
 1757  and the Speaker of the House of Representatives by September 1
 1758  of every 5th year.
 1759         Section 37. Subsections (8) and (9) of section 812.015,
 1760  Florida Statutes, are amended, and subsections (10) and (11) are
 1761  added to that section, to read:
 1762         812.015 Retail and farm theft; transit fare evasion;
 1763  mandatory fine; alternative punishment; detention and arrest;
 1764  exemption from liability for false arrest; resisting arrest;
 1765  penalties.—
 1766         (8) Except as provided in subsection (9), a person who
 1767  commits retail theft commits a felony of the third degree,
 1768  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
 1769  if the property stolen is valued at $750 $300 or more, and the
 1770  person:
 1771         (a) Individually commits retail theft, or in concert with
 1772  one or more other persons, coordinates the activities of one or
 1773  more individuals in committing the offense, which may occur
 1774  through multiple acts of retail theft, in which case the amount
 1775  of each individual theft is aggregated within a 30-day period to
 1776  determine the value of the property stolen;
 1777         (b)Conspires with another person to commit retail theft
 1778  with the intent to sell the stolen property for monetary or
 1779  other gain, and subsequently takes or causes such property to be
 1780  placed in the control of another person in exchange for
 1781  consideration, in which the stolen property taken or placed
 1782  within a 30-day period is aggregated to determine the value of
 1783  the stolen property;
 1784         (c)(b)Individually, or in concert with one or more other
 1785  persons, commits theft from more than one location within a 30
 1786  day 48-hour period, in which case the amount of each individual
 1787  theft is aggregated to determine the value of the property
 1788  stolen;
 1789         (d)(c) Acts in concert with one or more other individuals
 1790  within one or more establishments to distract the merchant,
 1791  merchant’s employee, or law enforcement officer in order to
 1792  carry out the offense, or acts in other ways to coordinate
 1793  efforts to carry out the offense; or
 1794         (e)(d) Commits the offense through the purchase of
 1795  merchandise in a package or box that contains merchandise other
 1796  than, or in addition to, the merchandise purported to be
 1797  contained in the package or box.
 1798         (9) A person commits a felony of the second degree,
 1799  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
 1800  if the person:
 1801         (a) Violates subsection (8) and has previously been
 1802  convicted of a violation of subsection (8); or
 1803         (b) Individually, or in concert with one or more other
 1804  persons, coordinates the activities of one or more persons in
 1805  committing the offense of retail theft, in which the amount of
 1806  each individual theft within a 30-day period is aggregated to
 1807  determine the value of the stolen property and such where the
 1808  stolen property has a value is in excess of $3,000; or
 1809         (c)Conspires with another person to commit retail theft
 1810  with the intent to sell the stolen property for monetary or
 1811  other gain, and subsequently takes or causes such property to be
 1812  placed in control of another person in exchange for
 1813  consideration, in which the stolen property taken or placed
 1814  within a 30-day period is aggregated to have a value in excess
 1815  of $3,000.
 1816         (10)If a person commits retail theft in more than one
 1817  judicial circuit within a 30-day period, the value of the stolen
 1818  property resulting from the thefts in each judicial circuit may
 1819  be aggregated, and the person must be prosecuted by the Office
 1820  of the Statewide Prosecutor in accordance with s. 16.56.
 1821         (11)The Office of Program Policy Analysis and Government
 1822  Accountability (OPPAGA) shall perform a study every 5 years to
 1823  determine the appropriateness of the threshold amounts included
 1824  in this section. The study’s scope must include, but need not be
 1825  limited to, the crime trends related to theft offenses, the
 1826  theft threshold amounts of other states in effect at the time of
 1827  the study, the fiscal impact of any modifications to this
 1828  state’s threshold amounts, and the effect on economic factors,
 1829  such as inflation. The study must include options for amending
 1830  the threshold amounts if the study finds that such amounts are
 1831  inconsistent with current trends. In conducting the study,
 1832  OPPAGA shall consult with the Office of Economic and Demographic
 1833  Research in addition to other interested entities. OPPAGA shall
 1834  submit a report to the Governor, the President of the Senate,
 1835  and the Speaker of the House of Representatives by September 1
 1836  of every 5th year.
 1837         Section 38. Section 812.0155, Florida Statutes, is amended
 1838  to read:
 1839         812.0155 Driver license suspension as an alternative
 1840  sentence for a person under 18 years of age Suspension of driver
 1841  license following an adjudication of guilt for theft.—
 1842         (1)Except as provided in subsections (2) and (3), the
 1843  court may order the suspension of the driver license of each
 1844  person adjudicated guilty of any misdemeanor violation of s.
 1845  812.014 or s. 812.015, regardless of the value of the property
 1846  stolen. Upon ordering the suspension of the driver license of
 1847  the person adjudicated guilty, the court shall forward the
 1848  driver license of the person adjudicated guilty to the
 1849  Department of Highway Safety and Motor Vehicles in accordance
 1850  with s. 322.25.
 1851         (a)The first suspension of a driver license under this
 1852  subsection shall be for a period of up to 6 months.
 1853         (b)A second or subsequent suspension of a driver license
 1854  under this subsection shall be for 1 year.
 1855         (1)(2) The court may revoke, suspend, or withhold issuance
 1856  of a driver license of a person less than 18 years of age who
 1857  violates s. 812.014 or s. 812.015 as an alternative to
 1858  sentencing the person to:
 1859         (a) Probation as defined in s. 985.03 or commitment to the
 1860  Department of Juvenile Justice, if the person is adjudicated
 1861  delinquent for such violation and has not previously been
 1862  convicted of or adjudicated delinquent for any criminal offense,
 1863  regardless of whether adjudication was withheld.
 1864         (b) Probation as defined in s. 985.03, commitment to the
 1865  Department of Juvenile Justice, probation as defined in chapter
 1866  948, community control, or incarceration, if the person is
 1867  convicted as an adult of such violation and has not previously
 1868  been convicted of or adjudicated delinquent for any criminal
 1869  offense, regardless of whether adjudication was withheld.
 1870         (2)(3) As used in this subsection, the term “department”
 1871  means the Department of Highway Safety and Motor Vehicles. A
 1872  court that revokes, suspends, or withholds issuance of a driver
 1873  license under subsection (1) (2) shall:
 1874         (a) If the person is eligible by reason of age for a driver
 1875  license or driving privilege, direct the department to revoke or
 1876  withhold issuance of the person’s driver license or driving
 1877  privilege for not less than 6 months and not more than 1 year;
 1878         (b) If the person’s driver license is under suspension or
 1879  revocation for any reason, direct the department to extend the
 1880  period of suspension or revocation by not less than 6 months and
 1881  not more than 1 year; or
 1882         (c) If the person is ineligible by reason of age for a
 1883  driver license or driving privilege, direct the department to
 1884  withhold issuance of the person’s driver license or driving
 1885  privilege for not less than 6 months and not more than 1 year
 1886  after the date on which the person would otherwise become
 1887  eligible.
 1888         (3)(4)This section does Subsections (2) and (3) do not
 1889  preclude the court from imposing any other sanction specified or
 1890  not specified in subsection (2) or subsection (3).
 1891         (5)A court that suspends the driver license of a person
 1892  pursuant to subsection (1) may direct the Department of Highway
 1893  Safety and Motor Vehicles to issue the person a license for
 1894  driving privilege restricted to business purposes only, as
 1895  defined in s. 322.271, if he or she is otherwise qualified.
 1896         Section 39. Subsection (1) of section 815.03, Florida
 1897  Statutes, is amended to read:
 1898         815.03 Definitions.—As used in this chapter, unless the
 1899  context clearly indicates otherwise:
 1900         (1) “Access” means to approach, instruct, communicate with,
 1901  store data in, retrieve data from, or otherwise make use of any
 1902  resources of a computer, a computer system, a or computer
 1903  network, or an electronic device.
 1904         Section 40. Subsection (2) of section 815.06, Florida
 1905  Statutes, is amended, and subsection (3) of that section is
 1906  republished, to read:
 1907         815.06 Offenses against users of computers, computer
 1908  systems, computer networks, and electronic devices.—
 1909         (2) A person commits an offense against users of computers,
 1910  computer systems, computer networks, or electronic devices if he
 1911  or she willfully, knowingly, and without authorization or
 1912  exceeding authorization:
 1913         (a) Accesses or causes to be accessed any computer,
 1914  computer system, computer network, or electronic device with
 1915  knowledge that such access is unauthorized or the manner of use
 1916  exceeds authorization;
 1917         (b) Disrupts or denies or causes the denial of the ability
 1918  to transmit data to or from an authorized user of a computer,
 1919  computer system, computer network, or electronic device, which,
 1920  in whole or in part, is owned by, under contract to, or operated
 1921  for, on behalf of, or in conjunction with another;
 1922         (c) Destroys, takes, injures, or damages equipment or
 1923  supplies used or intended to be used in a computer, computer
 1924  system, computer network, or electronic device;
 1925         (d) Destroys, injures, or damages any computer, computer
 1926  system, computer network, or electronic device;
 1927         (e) Introduces any computer contaminant into any computer,
 1928  computer system, computer network, or electronic device; or
 1929         (f) Engages in audio or video surveillance of an individual
 1930  by accessing any inherent feature or component of a computer,
 1931  computer system, computer network, or electronic device,
 1932  including accessing the data or information of a computer,
 1933  computer system, computer network, or electronic device that is
 1934  stored by a third party.
 1935         (3)(a) Except as provided in paragraphs (b) and (c), a
 1936  person who violates subsection (2) commits a felony of the third
 1937  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1938  775.084.
 1939         (b) A person commits a felony of the second degree,
 1940  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
 1941  if he or she violates subsection (2) and:
 1942         1. Damages a computer, computer equipment or supplies, a
 1943  computer system, or a computer network and the damage or loss is
 1944  at least $5,000;
 1945         2. Commits the offense for the purpose of devising or
 1946  executing any scheme or artifice to defraud or obtain property;
 1947         3. Interrupts or impairs a governmental operation or public
 1948  communication, transportation, or supply of water, gas, or other
 1949  public service; or
 1950         4. Intentionally interrupts the transmittal of data to or
 1951  from, or gains unauthorized access to, a computer, computer
 1952  system, computer network, or electronic device belonging to any
 1953  mode of public or private transit, as defined in s. 341.031.
 1954         (c) A person who violates subsection (2) commits a felony
 1955  of the first degree, punishable as provided in s. 775.082, s.
 1956  775.083, or s. 775.084, if the violation:
 1957         1. Endangers human life; or
 1958         2. Disrupts a computer, computer system, computer network,
 1959  or electronic device that affects medical equipment used in the
 1960  direct administration of medical care or treatment to a person.
 1961         Section 41. Section 817.413, Florida Statutes, is amended
 1962  to read:
 1963         817.413 Sale of used motor vehicle goods as new; penalty.—
 1964         (1) With respect to a transaction for which any charges
 1965  will be paid from the proceeds of a motor vehicle insurance
 1966  policy, and in which the purchase price of motor vehicle goods
 1967  exceeds $100, it is unlawful for the seller to knowingly
 1968  misrepresent orally, in writing, or by failure to speak, that
 1969  the goods are new or original when they are used or repossessed
 1970  or have been used for sales demonstration.
 1971         (2) A person who violates the provisions of this section,
 1972  if the purchase price of the motor vehicle goods is $1,000 or
 1973  more, commits a felony of the third degree, punishable as
 1974  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 1975  purchase price of the motor vehicle goods is less than $1,000,
 1976  the person commits a misdemeanor of the first degree, punishable
 1977  as provided in s. 775.082 or s. 775.083.
 1978         Section 42. Paragraph (a) of subsection (2) of section
 1979  831.28, Florida Statutes, is amended to read:
 1980         831.28 Counterfeiting a payment instrument; possessing a
 1981  counterfeit payment instrument; penalties.—
 1982         (2)(a) It is unlawful to counterfeit a payment instrument
 1983  with the intent to defraud a financial institution, account
 1984  holder, or any other person or organization or for a person to
 1985  have any counterfeit payment instrument in such person’s
 1986  possession with the intent to defraud a financial institution,
 1987  an account holder, or any other person or organization. Any
 1988  person who violates this subsection commits a felony of the
 1989  third degree, punishable as provided in s. 775.082, s. 775.083,
 1990  or s. 775.084.
 1991         Section 43. Section 849.01, Florida Statutes, is amended to
 1992  read:
 1993         849.01 Keeping gambling houses, etc.—Whoever by herself or
 1994  himself, her or his servant, clerk or agent, or in any other
 1995  manner has, keeps, exercises or maintains a gaming table or
 1996  room, or gaming implements or apparatus, or house, booth, tent,
 1997  shelter or other place for the purpose of gaming or gambling or
 1998  in any place of which she or he may directly or indirectly have
 1999  charge, control or management, either exclusively or with
 2000  others, procures, suffers or permits any person to play for
 2001  money or other valuable thing at any game whatever, whether
 2002  heretofore prohibited or not, commits shall be guilty of a
 2003  misdemeanor felony of the second third degree, punishable as
 2004  provided in s. 775.082 or, s. 775.083, or s. 775.084.
 2005         Section 44. Subsections (6) and (7) and paragraphs (c) and
 2006  (d) of subsection (8) of section 877.112, Florida Statutes, are
 2007  amended to read:
 2008         877.112 Nicotine products and nicotine dispensing devices;
 2009  prohibitions for minors; penalties; civil fines; signage
 2010  requirements; preemption.—
 2011         (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR
 2012  NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any
 2013  person under 18 years of age to knowingly possess any nicotine
 2014  product or a nicotine dispensing device. Any person under 18
 2015  years of age who violates this subsection commits a noncriminal
 2016  violation as defined in s. 775.08(3), punishable by:
 2017         (a) For a first violation, 16 hours of community service
 2018  or, instead of community service, a $25 fine. In addition, the
 2019  person must attend a school-approved anti-tobacco and nicotine
 2020  program, if locally available; or
 2021         (b) For a second or subsequent violation within 12 weeks
 2022  after of the first violation, a $25 fine.; or
 2023         (c)For a third or subsequent violation within 12 weeks of
 2024  the first violation, the court must direct the Department of
 2025  Highway Safety and Motor Vehicles to withhold issuance of or
 2026  suspend or revoke the person’s driver license or driving
 2027  privilege, as provided in s. 322.056.
 2028  
 2029  Any second or subsequent violation not within the 12-week time
 2030  period after the first violation is punishable as provided for a
 2031  first violation.
 2032         (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for
 2033  any person under 18 years of age to misrepresent his or her age
 2034  or military service for the purpose of inducing a retailer of
 2035  nicotine products or nicotine dispensing devices or an agent or
 2036  employee of such retailer to sell, give, barter, furnish, or
 2037  deliver any nicotine product or nicotine dispensing device, or
 2038  to purchase, or attempt to purchase, any nicotine product or
 2039  nicotine dispensing device from a person or a vending machine.
 2040  Any person under 18 years of age who violates this subsection
 2041  commits a noncriminal violation as defined in s. 775.08(3),
 2042  punishable by:
 2043         (a) For a first violation, 16 hours of community service
 2044  or, instead of community service, a $25 fine and, in addition,
 2045  the person must attend a school-approved anti-tobacco and
 2046  nicotine program, if available; or
 2047         (b) For a second violation within 12 weeks after of the
 2048  first violation, a $25 fine.; or
 2049         (c)For a third or subsequent violation within 12 weeks of
 2050  the first violation, the court must direct the Department of
 2051  Highway Safety and Motor Vehicles to withhold issuance of or
 2052  suspend or revoke the person’s driver license or driving
 2053  privilege, as provided in s. 322.056.
 2054  
 2055  Any second or subsequent violation not within the 12-week time
 2056  period after the first violation is punishable as provided for a
 2057  first violation.
 2058         (8) PENALTIES FOR MINORS.—
 2059         (c) If a person under 18 years of age is found by the court
 2060  to have committed a noncriminal violation under this section and
 2061  that person has failed to complete community service, pay the
 2062  fine as required by paragraph (6)(a) or paragraph (7)(a), or
 2063  attend a school-approved anti-tobacco and nicotine program, if
 2064  locally available, the court may must direct the Department of
 2065  Highway Safety and Motor Vehicles to withhold issuance of or
 2066  suspend the driver license or driving privilege of that person
 2067  for 30 consecutive days.
 2068         (d) If a person under 18 years of age is found by the court
 2069  to have committed a noncriminal violation under this section and
 2070  that person has failed to pay the applicable fine as required by
 2071  paragraph (6)(b) or paragraph (7)(b), the court may must direct
 2072  the Department of Highway Safety and Motor Vehicles to withhold
 2073  issuance of or suspend the driver license or driving privilege
 2074  of that person for 45 consecutive days.
 2075         Section 45. Paragraph (c) of subsection (1) of section
 2076  893.135, Florida Statutes, is amended to read:
 2077         893.135 Trafficking; mandatory sentences; suspension or
 2078  reduction of sentences; conspiracy to engage in trafficking.—
 2079         (1) Except as authorized in this chapter or in chapter 499
 2080  and notwithstanding the provisions of s. 893.13:
 2081         (c)1. A person who knowingly sells, purchases,
 2082  manufactures, delivers, or brings into this state, or who is
 2083  knowingly in actual or constructive possession of, 4 grams or
 2084  more of any morphine, opium, hydromorphone, or any salt,
 2085  derivative, isomer, or salt of an isomer thereof, including
 2086  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
 2087  (3)(c)4., or 4 grams or more of any mixture containing any such
 2088  substance, but less than 30 kilograms of such substance or
 2089  mixture, commits a felony of the first degree, which felony
 2090  shall be known as “trafficking in illegal drugs,” punishable as
 2091  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 2092  quantity involved:
 2093         a. Is 4 grams or more, but less than 14 grams, such person
 2094  shall be sentenced to a mandatory minimum term of imprisonment
 2095  of 3 years and shall be ordered to pay a fine of $50,000.
 2096         b. Is 14 grams or more, but less than 28 grams, such person
 2097  shall be sentenced to a mandatory minimum term of imprisonment
 2098  of 15 years and shall be ordered to pay a fine of $100,000.
 2099         c. Is 28 grams or more, but less than 30 kilograms, such
 2100  person shall be sentenced to a mandatory minimum term of
 2101  imprisonment of 25 years and shall be ordered to pay a fine of
 2102  $500,000.
 2103         2. A person who knowingly sells, purchases, manufactures,
 2104  delivers, or brings into this state, or who is knowingly in
 2105  actual or constructive possession of, 28 14 grams or more of
 2106  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
 2107  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 14
 2108  grams or more of any mixture containing any such substance,
 2109  commits a felony of the first degree, which felony shall be
 2110  known as “trafficking in hydrocodone,” punishable as provided in
 2111  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
 2112         a. Is 28 14 grams or more, but less than 50 28 grams, such
 2113  person shall be sentenced to a mandatory minimum term of
 2114  imprisonment of 3 years and shall be ordered to pay a fine of
 2115  $50,000.
 2116         b. Is 50 28 grams or more, but less than 100 50 grams, such
 2117  person shall be sentenced to a mandatory minimum term of
 2118  imprisonment of 7 years and shall be ordered to pay a fine of
 2119  $100,000.
 2120         c. Is 100 50 grams or more, but less than 300 200 grams,
 2121  such person shall be sentenced to a mandatory minimum term of
 2122  imprisonment of 15 years and shall be ordered to pay a fine of
 2123  $500,000.
 2124         d. Is 300 200 grams or more, but less than 30 kilograms,
 2125  such person shall be sentenced to a mandatory minimum term of
 2126  imprisonment of 25 years and shall be ordered to pay a fine of
 2127  $750,000.
 2128         3. A person who knowingly sells, purchases, manufactures,
 2129  delivers, or brings into this state, or who is knowingly in
 2130  actual or constructive possession of, 7 grams or more of
 2131  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
 2132  thereof, or 7 grams or more of any mixture containing any such
 2133  substance, commits a felony of the first degree, which felony
 2134  shall be known as “trafficking in oxycodone,” punishable as
 2135  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 2136  quantity involved:
 2137         a. Is 7 grams or more, but less than 14 grams, such person
 2138  shall be sentenced to a mandatory minimum term of imprisonment
 2139  of 3 years and shall be ordered to pay a fine of $50,000.
 2140         b. Is 14 grams or more, but less than 25 grams, such person
 2141  shall be sentenced to a mandatory minimum term of imprisonment
 2142  of 7 years and shall be ordered to pay a fine of $100,000.
 2143         c. Is 25 grams or more, but less than 100 grams, such
 2144  person shall be sentenced to a mandatory minimum term of
 2145  imprisonment of 15 years and shall be ordered to pay a fine of
 2146  $500,000.
 2147         d. Is 100 grams or more, but less than 30 kilograms, such
 2148  person shall be sentenced to a mandatory minimum term of
 2149  imprisonment of 25 years and shall be ordered to pay a fine of
 2150  $750,000.
 2151         4.a. A person who knowingly sells, purchases, manufactures,
 2152  delivers, or brings into this state, or who is knowingly in
 2153  actual or constructive possession of, 4 grams or more of:
 2154         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
 2155         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
 2156         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
 2157         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
 2158         (V) A fentanyl derivative, as described in s.
 2159  893.03(1)(a)62.;
 2160         (VI) A controlled substance analog, as described in s.
 2161  893.0356, of any substance described in sub-sub-subparagraphs
 2162  (I)-(V); or
 2163         (VII) A mixture containing any substance described in sub
 2164  sub-subparagraphs (I)-(VI), commits a felony of the first
 2165  degree, which felony shall be known as “trafficking in
 2166  fentanyl,” punishable as provided in s. 775.082, s. 775.083, or
 2167  s. 775.084.
 2168         b. If the quantity involved under sub-subparagraph a.:
 2169         (I) Is 4 grams or more, but less than 14 grams, such person
 2170  shall be sentenced to a mandatory minimum term of imprisonment
 2171  of 3 years, and shall be ordered to pay a fine of $50,000.
 2172         (II) Is 14 grams or more, but less than 28 grams, such
 2173  person shall be sentenced to a mandatory minimum term of
 2174  imprisonment of 15 years, and shall be ordered to pay a fine of
 2175  $100,000.
 2176         (III) Is 28 grams or more, such person shall be sentenced
 2177  to a mandatory minimum term of imprisonment of 25 years, and
 2178  shall be ordered to pay a fine of $500,000.
 2179         5. A person who knowingly sells, purchases, manufactures,
 2180  delivers, or brings into this state, or who is knowingly in
 2181  actual or constructive possession of, 30 kilograms or more of
 2182  any morphine, opium, oxycodone, hydrocodone, codeine,
 2183  hydromorphone, or any salt, derivative, isomer, or salt of an
 2184  isomer thereof, including heroin, as described in s.
 2185  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 2186  more of any mixture containing any such substance, commits the
 2187  first degree felony of trafficking in illegal drugs. A person
 2188  who has been convicted of the first degree felony of trafficking
 2189  in illegal drugs under this subparagraph shall be punished by
 2190  life imprisonment and is ineligible for any form of
 2191  discretionary early release except pardon or executive clemency
 2192  or conditional medical release under s. 947.149. However, if the
 2193  court determines that, in addition to committing any act
 2194  specified in this paragraph:
 2195         a. The person intentionally killed an individual or
 2196  counseled, commanded, induced, procured, or caused the
 2197  intentional killing of an individual and such killing was the
 2198  result; or
 2199         b. The person’s conduct in committing that act led to a
 2200  natural, though not inevitable, lethal result, such person
 2201  commits the capital felony of trafficking in illegal drugs,
 2202  punishable as provided in ss. 775.082 and 921.142. A person
 2203  sentenced for a capital felony under this paragraph shall also
 2204  be sentenced to pay the maximum fine provided under subparagraph
 2205  1.
 2206         6. A person who knowingly brings into this state 60
 2207  kilograms or more of any morphine, opium, oxycodone,
 2208  hydrocodone, codeine, hydromorphone, or any salt, derivative,
 2209  isomer, or salt of an isomer thereof, including heroin, as
 2210  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
 2211  60 kilograms or more of any mixture containing any such
 2212  substance, and who knows that the probable result of such
 2213  importation would be the death of a person, commits capital
 2214  importation of illegal drugs, a capital felony punishable as
 2215  provided in ss. 775.082 and 921.142. A person sentenced for a
 2216  capital felony under this paragraph shall also be sentenced to
 2217  pay the maximum fine provided under subparagraph 1.
 2218         Section 46. Effective upon this act becoming a law, section
 2219  900.05, Florida Statutes, is amended to read:
 2220         900.05 Criminal justice data collection.—
 2221         (1) LEGISLATIVE FINDINGS AND INTENT.—It is the intent of
 2222  the Legislature to create a model of uniform criminal justice
 2223  data collection by requiring local and state criminal justice
 2224  agencies to report complete, accurate, and timely data, and
 2225  making such data available to the public. The Legislature finds
 2226  that it is an important state interest to implement a uniform
 2227  data collection process and promote criminal justice data
 2228  transparency.
 2229         (2) DEFINITIONS.—As used in this section, the term:
 2230         (a) “Annual felony caseload” means the yearly caseload of
 2231  each full-time state attorney and assistant state attorney, or
 2232  public defender and assistant public defender, or regional
 2233  conflict counsel and assistant regional conflict counsel for
 2234  cases assigned to the circuit criminal division, based on the
 2235  number of felony cases reported to the Supreme Court under s.
 2236  25.075. The term does not include the appellate caseload of a
 2237  public defender, or assistant public defender, regional conflict
 2238  counsel, or assistant regional conflict counsel. Cases reported
 2239  pursuant to this term must be associated with a case number, and
 2240  each case number must only be reported once regardless of the
 2241  number of attorney assignments that occur during the course of
 2242  litigation. The caseload shall be calculated on June 30 and
 2243  reported once at the beginning of the reporting agency’s fiscal
 2244  year.
 2245         (b)“Annual felony conflict caseload” means the total
 2246  number of felony cases the office of the public defender or
 2247  office of regional conflict counsel has declined or withdrawn
 2248  from in the previous calendar year due to lack of qualified
 2249  counsel or due to excessive caseload. The caseload shall be
 2250  calculated on June 30 and reported once at the beginning of the
 2251  reporting agency’s fiscal year.
 2252         (c)(b) “Annual misdemeanor caseload” means the yearly
 2253  caseload of each full-time state attorney and assistant state
 2254  attorney, or public defender and assistant public defender, or
 2255  regional conflict counsel and assistant regional conflict
 2256  counsel for cases assigned to the county criminal division,
 2257  based on the number of misdemeanor cases reported to the Supreme
 2258  Court under s. 25.075. The term does not include the appellate
 2259  caseload of a public defender, or assistant public defender,
 2260  regional conflict counsel, or assistant regional conflict
 2261  counsel. Cases reported pursuant to this term must be associated
 2262  with a case number, and each case number must only be reported
 2263  once regardless of the number of attorney assignments that occur
 2264  during the course of litigation. The caseload shall be
 2265  calculated on June 30 and reported once at the beginning of the
 2266  reporting agency’s fiscal year.
 2267         (d)“Annual misdemeanor conflict caseload” means the total
 2268  number of misdemeanor cases the office of the public defender or
 2269  office of regional conflict counsel has declined or withdrawn
 2270  from in the previous calendar year due to lack of qualified
 2271  counsel or due to excessive caseload. The caseload shall be
 2272  calculated on June 30 and reported once at the beginning of the
 2273  reporting agency’s fiscal year.
 2274         (e)(c) “Attorney assignment date” means the date a court
 2275  appointed attorney is assigned to the case or, if privately
 2276  retained, the date an attorney files a notice of appearance with
 2277  the clerk of court.
 2278         (f)(d) “Attorney withdrawal date” means the date the court
 2279  removes court-appointed counsel from a case or, for a privately
 2280  retained attorney, the date a motion to withdraw is granted by
 2281  the court.
 2282         (g)(e) “Case number” means the uniform case identification
 2283  number assigned by the clerk of court to a criminal case.
 2284         (h)(f) “Case status” means whether a case is open, active,
 2285  inactive, closed, reclosed, or reopened due to a violation of
 2286  probation or community control.
 2287         (i)(g) “Charge description” means the statement of the
 2288  conduct that is alleged to have been violated, the associated
 2289  statutory section establishing such conduct as criminal, and the
 2290  misdemeanor or felony classification that is provided for in the
 2291  statutory section alleged to have been violated.
 2292         (j)“Charge disposition” means the final adjudication for
 2293  each charged crime, including, but not limited to, dismissal by
 2294  state attorney, dismissal by judge, acquittal, no contest plea,
 2295  guilty plea, or guilty finding at trial.
 2296         (k)(h) “Charge modifier” means an aggravating circumstance
 2297  of an alleged crime that enhances or reclassifies a charge to a
 2298  more serious misdemeanor or felony offense level.
 2299         (l)(i) “Concurrent or consecutive sentence flag” means an
 2300  indication that a defendant is serving another sentence
 2301  concurrently or consecutively in addition to the sentence for
 2302  which data is being reported.
 2303         (m)(j) “Daily number of correctional officers” means the
 2304  number of full-time, part-time, and auxiliary correctional
 2305  officers who are actively providing supervision, protection,
 2306  care, custody, and control of inmates in a county detention
 2307  facility or state correctional institution or facility each day.
 2308         (n)(k) “Defense attorney type” means whether the attorney
 2309  is a public defender, regional conflict counsel, or other
 2310  counsel court-appointed for the defendant; the attorney is
 2311  privately retained by the defendant; or the defendant is
 2312  represented pro se.
 2313         (o)(l) “Deferred prosecution or pretrial diversion
 2314  agreement date” means the date an agreement a contract is signed
 2315  by the parties regarding a defendant’s admission into a deferred
 2316  prosecution or pretrial diversion program.
 2317         (p)(m) “Deferred prosecution or pretrial diversion hearing
 2318  date” means each date that a hearing, including a status
 2319  hearing, is held on a case that is in a deferred prosecution or
 2320  pretrial diversion program, if applicable.
 2321         (q)(n) “Disciplinary violation and action” means any
 2322  conduct performed by an inmate in violation of the rules of a
 2323  county detention facility or state correctional institution or
 2324  facility that results in the initiation of disciplinary
 2325  proceedings by the custodial entity and the consequences of such
 2326  disciplinary proceedings.
 2327         (r)(o) “Disposition date” means the date of final judgment,
 2328  adjudication, adjudication withheld, dismissal, or nolle
 2329  prosequi for the case and if different dates apply, the
 2330  disposition dates of each charge.
 2331         (s)“Disposition type” means the manner in which the charge
 2332  was closed, including final judgment, adjudication, adjudication
 2333  withheld, dismissal, or nolle prosequi.
 2334         (t)(p) “Domestic violence flag” means an indication that a
 2335  filed charge involves domestic violence as defined in s. 741.28.
 2336         (u)(q) “Gang affiliation flag” means an indication that a
 2337  defendant is involved in or associated with a criminal gang as
 2338  defined in s. 874.03 at the time of the current offense.
 2339         (v)(r) “Gain-time credit earned” means a credit of time
 2340  awarded to an inmate in a county detention facility in
 2341  accordance with s. 951.22 or a state correctional institution or
 2342  facility in accordance with s. 944.275.
 2343         (w)(s) “Habitual offender flag” means an indication that a
 2344  defendant is a habitual felony offender as defined in s. 775.084
 2345  or a habitual misdemeanor offender as defined in s. 775.0837.
 2346         (x)“Habitual violent felony offender flag” means an
 2347  indication that a defendant is a habitual violent felony
 2348  offender as defined in s. 775.084.
 2349         (t)“Judicial transfer date” means a date on which a
 2350  defendant’s case is transferred to another court or presiding
 2351  judge.
 2352         (y)(u) “Number of contract attorneys representing indigent
 2353  defendants for the office of the public defender” means the
 2354  number of attorneys hired on a temporary basis, by contract, to
 2355  represent indigent clients who were appointed a public defender,
 2356  whereby the public defender withdraws from the case due to a
 2357  conflict of interest.
 2358         (z)(v) “Pretrial release violation flag” means an
 2359  indication that the defendant has violated the terms of his or
 2360  her pretrial release.
 2361         (aa)(w) “Prior incarceration within the state” means any
 2362  prior history of a defendant’s incarceration defendant being
 2363  incarcerated in a county detention facility or state
 2364  correctional institution or facility.
 2365         (bb)“Prison releasee reoffender flag” means an indication
 2366  that the defendant is a prison releasee reoffender as defined in
 2367  s. 775.082 or any other statute.
 2368         (dd)(x) “Tentative release date” means the anticipated date
 2369  that an inmate will be released from incarceration after the
 2370  application of adjustments for any gain-time earned or credit
 2371  for time served.
 2372         (cc)(y) “Sexual offender flag” means an indication that a
 2373  defendant was is required to register as a sexual predator as
 2374  defined in s. 775.21 or as a sexual offender as defined in s.
 2375  943.0435.
 2376         (ee)“Three-time violent felony offender flag” means an
 2377  indication that the defendant is a three-time violent felony
 2378  offender as defined in s. 775.084 or any other statute.
 2379         (ff)“Violent career criminal flag” means an indication
 2380  that the defendant is a violent career criminal as defined in s.
 2381  775.084 or any other statute.
 2382         (3) DATA COLLECTION AND REPORTING.—Beginning January 1,
 2383  2019, An entity required to collect data in accordance with this
 2384  subsection shall collect the specified data and required of the
 2385  entity on a biweekly basis. Each entity shall report them the
 2386  data collected in accordance with this subsection to the
 2387  Department of Law Enforcement on a monthly basis.
 2388         (a) Clerk of the court.—Each clerk of court shall collect
 2389  the following data for each criminal case:
 2390         1. Case number.
 2391         2. Date that the alleged offense occurred.
 2392         3.County in which the offense is alleged to have occurred.
 2393         3.4. Date the defendant is taken into physical custody by a
 2394  law enforcement agency or is issued a notice to appear on a
 2395  criminal charge, if such date is different from the date the
 2396  offense is alleged to have occurred.
 2397         4.Whether the case originated by notice to appear.
 2398         5. Date that the criminal prosecution of a defendant is
 2399  formally initiated through the filing, with the clerk of the
 2400  court, of an information by the state attorney or an indictment
 2401  issued by a grand jury.
 2402         6. Arraignment date.
 2403         7. Attorney appointment assignment date.
 2404         8. Attorney withdrawal date.
 2405         9. Case status.
 2406         10.Charge disposition.
 2407         11.10. Disposition date and disposition type.
 2408         12.11. Information related to each defendant, including:
 2409         a. Identifying information, including name, known aliases,
 2410  date of birth, age, race, or ethnicity, and gender.
 2411         b. Zip code of last known address primary residence.
 2412         c. Primary language.
 2413         d. Citizenship.
 2414         e. Immigration status, if applicable.
 2415         f. Whether the defendant has been found by a court to be
 2416  indigent under pursuant to s. 27.52.
 2417         13.12. Information related to the formal charges filed
 2418  against the defendant, including:
 2419         a. Charge description.
 2420         b. Charge modifier description and statute, if applicable.
 2421         c. Drug type for each drug charge, if known.
 2422         d. Qualification for a flag designation as defined in this
 2423  section, including a domestic violence flag, gang affiliation
 2424  flag, sexual offender flag, habitual offender flag, habitual
 2425  violent felony offender flag, or pretrial release violation
 2426  flag, prison releasee reoffender flag, three-time violent felony
 2427  offender flag, or violent career criminal flag.
 2428         14.13. Information related to bail or bond and pretrial
 2429  release determinations, including the dates of any such
 2430  determinations:
 2431         a. Pretrial release determination made at a first
 2432  appearance hearing that occurs within 24 hours of arrest,
 2433  including any all monetary and nonmonetary conditions of
 2434  release.
 2435         b. Modification of bail or bond conditions made by a court
 2436  having jurisdiction to try the defendant or, in the absence of
 2437  the judge of the trial court, by the circuit court, including
 2438  modifications to any monetary and nonmonetary conditions of
 2439  release.
 2440         c. Cash bail or bond payment, including whether the
 2441  defendant utilized a bond agent to post a surety bond.
 2442         d. Date defendant is released on bail, bond, or pretrial
 2443  release for the current case.
 2444         e. Bail or bond revocation due to a new offense, a failure
 2445  to appear, or a violation of the terms of bail or bond, if
 2446  applicable.
 2447         15.14. Information related to court dates and dates of
 2448  motions and appearances, including:
 2449         a. Date of any court appearance and the type of proceeding
 2450  scheduled for each date reported.
 2451         b. Date of any failure to appear in court, if applicable.
 2452         c. Deferred prosecution or pretrial diversion hearing, if
 2453  applicable Judicial transfer date, if applicable.
 2454         d. Each scheduled trial date.
 2455         e. Date that a defendant files a notice to participate in
 2456  discovery.
 2457         f. Speedy trial motion date and each hearing date dates, if
 2458  applicable.
 2459         g. Dismissal motion date and each hearing date dates, if
 2460  applicable.
 2461         16.15. Defense attorney type.
 2462         17.16. Information related to sentencing, including:
 2463         a. Date that a court enters a sentence against a defendant.
 2464         b. Charge sentenced to, including charge sequence number,
 2465  and charge description, statute, type, and charge class
 2466  severity.
 2467         c. Sentence type and length imposed by the court in the
 2468  current case, reported in years, months, and days, including,
 2469  but not limited to, the total duration of incarceration
 2470  imprisonment in a county detention facility or state
 2471  correctional institution or facility, and conditions of
 2472  probation or community control supervision.
 2473         d. Amount of time served in custody by the defendant
 2474  related to each charge the reported criminal case that is
 2475  credited at the time of disposition of the charge case to reduce
 2476  the imposed actual length of time the defendant will serve on
 2477  the term of incarceration imprisonment that is ordered by the
 2478  court at disposition.
 2479         e. Total amount of court costs fees imposed by the court at
 2480  the disposition of the case.
 2481         f.Outstanding balance of the defendant’s court fees
 2482  imposed by the court at disposition of the case.
 2483         f.g. Total amount of fines imposed by the court at the
 2484  disposition of the case.
 2485         h.Outstanding balance of the defendant’s fines imposed by
 2486  the court at disposition of the case.
 2487         g.i. Restitution amount ordered at sentencing, including
 2488  the amount collected by the court and the amount paid to the
 2489  victim, if applicable.
 2490         j.Digitized sentencing scoresheet prepared in accordance
 2491  with s. 921.0024.
 2492         18.17. The sentencing judge or magistrate, or their
 2493  equivalent number of judges or magistrates, or their
 2494  equivalents, hearing cases in circuit or county criminal
 2495  divisions of the circuit court. Judges or magistrates, or their
 2496  equivalents, who solely hear appellate cases from the county
 2497  criminal division are not to be reported under this
 2498  subparagraph.
 2499         (b) State attorney.—Each state attorney shall collect the
 2500  following data:
 2501         1. Information related to a human victim of a criminal
 2502  offense, including:
 2503         a. Identifying information of the victim, including race,
 2504  or ethnicity, gender, and age at the time of the offense.
 2505         b. Relationship to the offender, if any.
 2506         2. Number of full-time prosecutors.
 2507         3. Number of part-time prosecutors.
 2508         4. Annual felony caseload.
 2509         5. Annual misdemeanor caseload.
 2510         6. Disposition of each referred charge, such as filed,
 2511  declined, or diverted Any charge referred to the state attorney
 2512  by a law enforcement agency related to an episode of criminal
 2513  activity.
 2514         7. Number of cases in which a no-information was filed.
 2515         8. Information related to each defendant, including:
 2516         a. Each charge referred to the state attorney by a law
 2517  enforcement agency or sworn complainant related to an episode of
 2518  criminal activity.
 2519         b.Case number, name, and date of birth.
 2520         c.b. Drug type for each drug charge, if applicable.
 2521         d.Deferred prosecution or pretrial diversion agreement
 2522  date, if applicable.
 2523         (c) Public defender.—Each public defender shall collect the
 2524  following data for each criminal case:
 2525         1. Number of full-time public defenders.
 2526         2. Number of part-time public defenders.
 2527         3. Number of contract attorneys representing indigent
 2528  defendants for the office of the public defender.
 2529         4. Annual felony caseload.
 2530         5.Annual felony conflict caseload.
 2531         6.5. Annual misdemeanor caseload.
 2532         7.Annual misdemeanor conflict caseload.
 2533         (d) County detention facility.—The administrator of each
 2534  county detention facility shall collect the following data:
 2535         1. Maximum capacity for the county detention facility.
 2536         2. Weekly admissions to the county detention facility for a
 2537  revocation of probation or community control.
 2538         3.Weekly admissions to the county detention facility for a
 2539  revocation of pretrial release.
 2540         4.3. Daily population of the county detention facility,
 2541  including the specific number of inmates in the custody of the
 2542  county that:
 2543         a. Are awaiting case disposition.
 2544         b. Have been sentenced by a court to a term of
 2545  incarceration imprisonment in the county detention facility.
 2546         c. Have been sentenced by a court to a term of imprisonment
 2547  with the Department of Corrections and who are awaiting
 2548  transportation to the department.
 2549         d. Have a federal detainer, or are awaiting disposition of
 2550  a case in federal court, or are awaiting other federal
 2551  disposition.
 2552         5.4. Information related to each inmate, including:
 2553         a.Identifying information, including name, date of birth,
 2554  race, ethnicity, gender, case number, and identification number
 2555  assigned by the county detention facility.
 2556         b.a. Date when an inmate a defendant is processed and
 2557  booked into the county detention facility subsequent to an
 2558  arrest for a new violation of law, or for a violation of
 2559  probation or community control, or for a violation of pretrial
 2560  release.
 2561         c.b. Reason why an inmate a defendant is processed and
 2562  booked into the county detention facility, including if it is
 2563  for a new law violation, or a violation of probation or
 2564  community control, or a violation of pretrial release.
 2565         d.c. Qualification for a flag designation as defined in
 2566  this section, including domestic violence flag, gang affiliation
 2567  flag, habitual offender flag, habitual violent felony offender
 2568  flag, pretrial release violation flag, or sexual offender flag,
 2569  prison releasee reoffender flag, three-time violent felony
 2570  offender flag, or violent career criminal flag.
 2571         6.5. Total population of the county detention facility at
 2572  year-end. This data must include the same specified
 2573  classifications as subparagraph 3.
 2574         7.6. Per diem rate for a county detention facility bed.
 2575         8.7. Daily number of correctional officers for the county
 2576  detention facility.
 2577         9.8. Annual county detention facility budget. This
 2578  information only needs to be reported once annually at the
 2579  beginning of the county’s fiscal year.
 2580         10.9.Annual revenue generated for the county from the
 2581  temporary incarceration of federal defendants or inmates.
 2582         (e) Department of Corrections.—The Department of
 2583  Corrections shall collect the following data:
 2584         1. Information related to each inmate, including:
 2585         a. Identifying information, including name, date of birth,
 2586  race, or ethnicity, gender, case number, and identification
 2587  number assigned by the department.
 2588         b. Number of children.
 2589         c.Highest education level, including any vocational
 2590  training.
 2591         c.d. Date the inmate was admitted to the custody of the
 2592  department for his or her current incarceration.
 2593         d.e. Current institution placement and the security level
 2594  assigned to the institution.
 2595         e.f. Custody level assignment.
 2596         f.g. Qualification for a flag designation as defined in
 2597  this section, including sexual offender flag, habitual offender
 2598  flag, habitual violent felony offender flag, prison releasee
 2599  reoffender flag, three-time violent felony offender flag,
 2600  violent career criminal flag, gang affiliation flag, or
 2601  concurrent or consecutive sentence flag.
 2602         g.h. County that committed the prisoner to the custody of
 2603  the department.
 2604         h.i. Whether the reason for admission to the department is
 2605  for a new conviction or a violation of probation, community
 2606  control, or parole. For an admission for a probation, community
 2607  control, or parole violation, the department shall report
 2608  whether the violation was technical or based on a new violation
 2609  of law.
 2610         i.j. Specific statutory citation for which the inmate was
 2611  committed to the department, including, for an inmate convicted
 2612  of drug trafficking under s. 893.135, the statutory citation for
 2613  each specific drug trafficked.
 2614         j.Length of sentence served.
 2615         k. Length of sentence or concurrent or consecutive
 2616  sentences served.
 2617         l. Tentative release date.
 2618         m. Gain time earned in accordance with s. 944.275.
 2619         n. Prior incarceration within the state.
 2620         o. Disciplinary violation and action.
 2621         p. Participation in rehabilitative or educational programs
 2622  while in the custody of the department.
 2623         q.Digitized sentencing scoresheet prepared in accordance
 2624  with s. 921.0024.
 2625         2. Information about each state correctional institution or
 2626  facility, including:
 2627         a. Budget for each state correctional institution or
 2628  facility.
 2629         b. Daily prison population of all inmates incarcerated in a
 2630  state correctional institution or facility.
 2631         c. Daily number of correctional officers for each state
 2632  correctional institution or facility.
 2633         3. Information related to persons supervised by the
 2634  department on probation or community control, including:
 2635         a. Identifying information for each person supervised by
 2636  the department on probation or community control, including his
 2637  or her name, date of birth, race, or ethnicity, gender, case
 2638  number sex, and department-assigned case number.
 2639         b. Length of probation or community control sentence
 2640  imposed and amount of time that has been served on such
 2641  sentence.
 2642         c. Projected termination date for probation or community
 2643  control.
 2644         d. Revocation of probation or community control due to a
 2645  violation, including whether the revocation is due to a
 2646  technical violation of the conditions of supervision or from the
 2647  commission of a new law violation.
 2648         4. Per diem rates for:
 2649         a. Prison bed.
 2650         b. Probation.
 2651         c. Community control.
 2652  
 2653  This information only needs to be reported once annually at the
 2654  time the most recent per diem rate is published.
 2655         (f)Justice Administrative Commission.—The Justice
 2656  Administrative Commission shall collect the following data:
 2657         1.Number of private registry attorneys representing
 2658  indigent adult defendants.
 2659         2.Annual felony caseload assigned to private registry
 2660  contract attorneys.
 2661         3.Annual misdemeanor caseload assigned to private registry
 2662  contract attorneys.
 2663         (g)Criminal regional conflict counsel.—Each office of
 2664  criminal regional conflict counsel shall report the following
 2665  data:
 2666         1.Number of full-time assistant regional conflict counsel
 2667  handling criminal cases.
 2668         2.Number of part-time assistant regional conflict counsel
 2669  handling criminal cases.
 2670         3.Number of contract attorneys representing indigent adult
 2671  defendants.
 2672         4.Annual felony caseload.
 2673         5.Annual felony caseload assigned to contract attorneys.
 2674         6. Annual felony conflict caseload.
 2675         7.Annual misdemeanor caseload.
 2676         8. Annual misdemeanor caseload assigned to contract
 2677  attorneys.
 2678         9.Annual misdemeanor conflict caseload.
 2679         (4) DATA PUBLICLY AVAILABLE.—Beginning January 1, 2019, The
 2680  Department of Law Enforcement shall publish datasets in its
 2681  possession in a modern, open, electronic format that is machine
 2682  readable and readily accessible by the public on the
 2683  department’s website. The published data must be searchable, at
 2684  a minimum, by each data elements element, county, circuit, and
 2685  unique identifier. Beginning March 1, 2019, the department shall
 2686  publish begin publishing the data received under subsection (3)
 2687  (2) in the same modern, open, electronic format that is machine
 2688  readable and readily accessible to the public on the
 2689  department’s website. The department shall publish all data
 2690  received under subsection (3) (2) no later than January 1, 2020,
 2691  and monthly thereafter July 1, 2019.
 2692         (5) NONCOMPLIANCE.—Notwithstanding any other provision of
 2693  law, an entity required to collect and transmit data under
 2694  subsection (3) paragraph (3)(a) or paragraph (3)(d) which does
 2695  not comply with the requirements of this section is ineligible
 2696  to receive funding from the General Appropriations Act, any
 2697  state grant program administered by the Department of Law
 2698  Enforcement, or any other state agency for 5 years after the
 2699  date of noncompliance.
 2700         (6)CONFIDENTIALITY.—Information collected by any reporting
 2701  agency which is confidential and exempt upon collection remains
 2702  confidential and exempt when reported to the Department of Law
 2703  Enforcement under this section.
 2704         Section 47. Section 943.0578, Florida Statutes, is created
 2705  to read:
 2706         943.0578Lawful self-defense expunction.—
 2707         (1)Notwithstanding the eligibility requirements defined in
 2708  s. 943.0585(1) and (2), the department shall issue a certificate
 2709  of eligibility for expunction under this section to a person who
 2710  is the subject of a criminal history record if that person has
 2711  obtained, and submitted to the department, on a form provided by
 2712  the department, a written, certified statement from the
 2713  appropriate state attorney or statewide prosecutor which states
 2714  whether an information, indictment, or other charging document
 2715  was not filed or was dismissed by the state attorney, or
 2716  dismissed by the court, because it was found that the person
 2717  acted in lawful self-defense pursuant to chapter 776.
 2718         (2)Each petition to expunge a criminal history record
 2719  pursuant to this section must be accompanied by:
 2720         (a)A valid certificate of eligibility for expunction
 2721  issued by the department pursuant to this section; and
 2722         (b)The petitioner’s sworn statement attesting that the
 2723  petitioner is eligible for such an expunction to the best of his
 2724  or her knowledge or belief.
 2725  
 2726  Any person who knowingly provides false information on such
 2727  sworn statement to the court commits a felony of the third
 2728  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2729  775.084.
 2730         (3)This section does not confer any right to the
 2731  expunction of a criminal history record, and any request for
 2732  expunction of a criminal history record may be denied at the
 2733  discretion of the court.
 2734         (4)Sections 943.0585(5) and (6) apply to an expunction
 2735  ordered under this section.
 2736         (5)The department shall adopt rules to establish
 2737  procedures for applying for and issuing a certificate of
 2738  eligibility for expunction under this section.
 2739         Section 48. Section 943.0581, Florida Statutes, is amended
 2740  to read:
 2741         943.0581 Administrative expunction for arrests made
 2742  contrary to law or by mistake.—
 2743         (1) Notwithstanding any law dealing generally with the
 2744  preservation and destruction of public records, the department
 2745  may adopt a rule pursuant to chapter 120 for the administrative
 2746  expunction of any nonjudicial record of an arrest of a minor or
 2747  an adult made contrary to law or by mistake.
 2748         (2) A law enforcement agency shall apply to the department
 2749  in the manner prescribed by rule for the administrative
 2750  expunction of any nonjudicial record of any arrest of a minor or
 2751  an adult who is subsequently determined by the agency, at its
 2752  discretion, or by the final order of a court of competent
 2753  jurisdiction, to have been arrested contrary to law or by
 2754  mistake.
 2755         (3) An adult or, in the case of a minor child, the parent
 2756  or legal guardian of the minor child, may apply to the
 2757  department in the manner prescribed by rule for the
 2758  administrative expunction of any nonjudicial record of an arrest
 2759  alleged to have been made contrary to law or by mistake,
 2760  provided that the application is supported by the endorsement of
 2761  the head of the arresting agency or his or her designee or the
 2762  state attorney of the judicial circuit in which the arrest
 2763  occurred or his or her designee.
 2764         (4) An application for administrative expunction shall
 2765  include the date and time of the arrest, the name of the person
 2766  arrested, the offender-based tracking system (OBTS) number, and
 2767  the crime or crimes charged. The application shall be on the
 2768  submitting agency’s letterhead and shall be signed by the head
 2769  of the submitting agency or his or her designee.
 2770         (5) If the person was arrested on a warrant, capias, or
 2771  pickup order, a request for an administrative expunction may be
 2772  made by the sheriff of the county in which the warrant, capias,
 2773  or pickup order was issued or his or her designee or by the
 2774  state attorney of the judicial circuit in which the warrant,
 2775  capias, or pickup order was issued or his or her designee.
 2776         (6) An application or endorsement under this section is not
 2777  admissible as evidence in any judicial or administrative
 2778  proceeding and may not be construed in any way as an admission
 2779  of liability in connection with an arrest.
 2780         Section 49. Section 943.0584, Florida Statutes, is created
 2781  to read:
 2782         943.0584Criminal history records ineligible for court
 2783  ordered expunction or court-ordered sealing.—
 2784         (1)As used in this section, the term “conviction” means a
 2785  determination of guilt which is the result of a trial or the
 2786  entry of a plea of guilty or nolo contendere, regardless of
 2787  whether adjudication is withheld, or if the defendant was a
 2788  minor, a finding that the defendant committed or pled guilty or
 2789  nolo contendere to committing a delinquent act, regardless of
 2790  whether adjudication of delinquency is withheld.
 2791         (2)A criminal history record is ineligible for a
 2792  certificate of eligibility for expunction or a court-ordered
 2793  expunction pursuant to s. 943.0585 or a certificate of
 2794  eligibility for sealing or a court-ordered sealing pursuant to
 2795  s. 943.059 if the record is a conviction for any of the
 2796  following offenses:
 2797         (a)Sexual misconduct, as defined in s. 393.135, s.
 2798  394.4593, or s. 916.1075;
 2799         (b)Illegal use of explosives, as defined in chapter 552;
 2800         (c)Terrorism, as defined in s. 775.30;
 2801         (d)Murder, as defined in s. 782.04, s. 782.065, or s.
 2802  782.09;
 2803         (e)Manslaughter or homicide, as defined in s. 782.07, s.
 2804  782.071, or s. 782.072;
 2805         (f)Assault or battery, as defined in ss. 784.011 and
 2806  784.03, respectively, of one family or household member by
 2807  another family or household member, as defined in s. 741.28(3);
 2808         (g)Aggravated assault, as defined in s. 784.021;
 2809         (h)Felony battery, domestic battery by strangulation, or
 2810  aggravated battery, as defined in s. 784.03, s. 784.041, and s.
 2811  784.045, respectively;
 2812         (i)Stalking or aggravated stalking, as defined in s.
 2813  784.048;
 2814         (j)Luring or enticing a child, as defined in s. 787.025;
 2815         (k)Human trafficking, as defined in s. 787.06;
 2816         (l)Kidnapping or false imprisonment, as defined in s.
 2817  787.01 or s. 787.02;
 2818         (m)Any offense defined in chapter 794;
 2819         (n)Procuring a person less than 18 years of age for
 2820  prostitution, as defined in former s. 796.03;
 2821         (o)Lewd or lascivious offenses committed upon or in the
 2822  presence of persons less than 16 years of age, as defined in s.
 2823  800.04;
 2824         (p)Arson, as defined in s. 806.01;
 2825         (q)Burglary of a dwelling, as defined in s. 810.02;
 2826         (r)Voyeurism or video voyeurism, as defined in s. 810.14
 2827  and s. 810.145, respectively;
 2828         (s)Robbery or robbery by sudden snatching, as defined in
 2829  s. 812.13 and s. 812.131, respectively;
 2830         (t)Carjacking, as defined in s. 812.133;
 2831         (u)Home-invasion robbery, as defined in s. 812.135;
 2832         (v)A violation of the Florida Communications Fraud Act, as
 2833  provided in s. 817.034;
 2834         (w)Abuse of an elderly person or disabled adult, or
 2835  aggravated abuse of an elderly person or disabled adult, as
 2836  defined in s. 825.102;
 2837         (x)Lewd or lascivious offenses committed upon or in the
 2838  presence of an elderly person or disabled person, as defined in
 2839  s. 825.1025;
 2840         (y)Child abuse or aggravated child abuse, as defined in s.
 2841  827.03;
 2842         (z)Sexual performance by a child, as defined in s.
 2843  827.071;
 2844         (aa)Any offense defined in chapter 839;
 2845         (bb)Certain acts in connection with obscenity, as defined
 2846  in s. 847.0133;
 2847         (cc)Any offense defined in s. 847.0135;
 2848         (dd)Selling or buying of minors, as defined in s.
 2849  847.0145;
 2850         (ee)Aircraft piracy, as defined in s. 860.16;
 2851         (ff)Manufacturing a controlled substance in violation of
 2852  chapter 893;
 2853         (gg)Drug trafficking, as defined in s. 893.135; or
 2854         (hh)Any violation specified as a predicate offense for
 2855  registration as a sexual predator pursuant to s. 775.21, or
 2856  sexual offender pursuant to s. 943.0435, without regard to
 2857  whether that offense alone is sufficient to require such
 2858  registration.
 2859         Section 50. Section 943.0585, Florida Statutes, is amended
 2860  to read:
 2861         (Substantial rewording of section. See
 2862         s. 943.0585, F.S., for present text.)
 2863         943.0585Court-ordered expunction of criminal history
 2864  records.—
 2865         (1)ELIGIBILITY.—A person is eligible to petition a court
 2866  to expunge a criminal history record if:
 2867         (a)An indictment, information, or other charging document
 2868  was not filed or issued in the case giving rise to the criminal
 2869  history record.
 2870         (b)An indictment, information, or other charging document
 2871  was filed or issued in the case giving rise to the criminal
 2872  history record, was dismissed or nolle prosequi by the state
 2873  attorney or statewide prosecutor, or was dismissed by a court of
 2874  competent jurisdiction or a judgment of acquittal was rendered
 2875  by a judge, or a verdict of not guilty was rendered by a judge
 2876  or jury.
 2877         (c)The person is not seeking to expunge a criminal history
 2878  record that is ineligible for court-ordered expunction under s.
 2879  943.0584.
 2880         (d)The person has never, as of the date the application
 2881  for a certificate of expunction is filed, been adjudicated
 2882  guilty in this state of a criminal offense or been adjudicated
 2883  delinquent in this state for committing any felony or any of the
 2884  following misdemeanors, unless the record of such adjudication
 2885  of delinquency has been expunged pursuant to s. 943.0515:
 2886         1.Assault, as defined in s. 784.011;
 2887         2.Battery, as defined in s. 784.03;
 2888         3.Assault on a law enforcement officer, a firefighter, or
 2889  other specified officers, as defined in s. 784.07(2)(a);
 2890         4.Carrying a concealed weapon, as defined in s. 790.01(1);
 2891         5.Open carrying of a weapon, as defined in s. 790.053;
 2892         6.Unlawful possession or discharge of a weapon or firearm
 2893  at a school-sponsored event or on school property, as defined in
 2894  s. 790.115;
 2895         7.Unlawful use of destructive devices or bombs, as defined
 2896  in s. 790.1615(1);
 2897         8.Unlawful possession of a firearm, as defined in s.
 2898  790.22(5);
 2899         9.Exposure of sexual organs, as defined in s. 800.03;
 2900         10.Arson, as defined in s. 806.031(1);
 2901         11.Petit theft, as defined in s. 812.014(3);
 2902         12.Neglect of a child, as defined in s. 827.03(1)(e); or
 2903         13.Cruelty to animals, as defined in s. 828.12(1).
 2904         (e)The person has not been adjudicated guilty of, or
 2905  adjudicated delinquent for committing, any of the acts stemming
 2906  from the arrest or alleged criminal activity to which the
 2907  petition pertains.
 2908         (f)The person is no longer under court supervision
 2909  applicable to the disposition of arrest or alleged criminal
 2910  activity to which the petition to expunge pertains.
 2911         (g)The person has never secured a prior sealing or
 2912  expunction of a criminal history record under this section, s.
 2913  943.059, former s. 893.14, former s. 901.33, or former s.
 2914  943.058, unless expunction is sought of a criminal history
 2915  record previously sealed for 10 years pursuant to paragraph (h)
 2916  and the record is otherwise eligible for expunction.
 2917         (h)The person has previously obtained a court-ordered
 2918  sealing the criminal history record under s. 943.059, former s.
 2919  893.14, former s. 901.33, or former s. 943.058 for a minimum of
 2920  10 years because adjudication was withheld or because all
 2921  charges related to the arrest or alleged criminal activity to
 2922  which the petition to expunge pertains were not dismissed before
 2923  trial, without regard to whether the outcome of the trial was
 2924  other than an adjudication of guilt. The requirement for the
 2925  record to have previously been sealed for a minimum of 10 years
 2926  does not apply if a plea was not entered or all charges related
 2927  to the arrest or alleged criminal activity to which the petition
 2928  to expunge pertains were dismissed before trial or a judgment of
 2929  acquittal was rendered by a judge or a verdict of not guilty was
 2930  rendered by a judge or jury.
 2931         (2)CERTIFICATE OF ELIGIBILITY.—Before petitioning a court
 2932  to expunge a criminal history record, a person seeking to
 2933  expunge a criminal history record must apply to the department
 2934  for a certificate of eligibility for expunction. The department
 2935  shall adopt rules to establish procedures for applying for and
 2936  issuing a certificate of eligibility for expunction.
 2937         (a)The department shall issue a certificate of eligibility
 2938  for expunction to a person who is the subject of a criminal
 2939  history record if that person:
 2940         1.Satisfies the eligibility criteria in paragraphs (1)(a)
 2941  (h) and is not ineligible under s. 943.0584.
 2942         2.Has submitted to the department a written certified
 2943  statement from the appropriate state attorney or statewide
 2944  prosecutor which confirms the criminal history record complies
 2945  with the criteria in paragraph (1)(a) or paragraphs (1)(b) and
 2946  (c).
 2947         3.Has submitted to the department a certified copy of the
 2948  disposition of the charge to which the petition to expunge
 2949  pertains.
 2950         4.Remits a $75 processing fee to the department for
 2951  placement in the Department of Law Enforcement Operating Trust
 2952  Fund, unless the executive director waives such fee.
 2953         (b)A certificate of eligibility for expunction is valid
 2954  for 12 months after the date stamped on the certificate when
 2955  issued by the department. After that time, the petitioner must
 2956  reapply to the department for a new certificate of eligibility.
 2957  The petitioner’s status and the law in effect at the time of the
 2958  renewal application determine the petitioner’s eligibility.
 2959         (3)PETITION.—Each petition to expunge a criminal history
 2960  record must be accompanied by:
 2961         (a)A valid certificate of eligibility issued by the
 2962  department.
 2963         (b)The petitioner’s sworn statement that he or she:
 2964         1.Satisfies the eligibility requirements for expunction in
 2965  subsection (1).
 2966         2.Is eligible for expunction to the best of his or her
 2967  knowledge and does not have any other petition to seal or
 2968  expunge a criminal history record pending before any court.
 2969  
 2970  A person who knowingly provides false information on such sworn
 2971  statement commits a felony of the third degree, punishable as
 2972  provided in s. 775.082, s. 775.083, or s. 775.084.
 2973         (4)COURT AUTHORITY.—
 2974         (a)The courts of this state have jurisdiction over their
 2975  own procedures, including the maintenance, expunction, and
 2976  correction of judicial records containing criminal history
 2977  information to the extent that such procedures are not
 2978  inconsistent with the conditions, responsibilities, and duties
 2979  established by this section.
 2980         (b)A court of competent jurisdiction may order a criminal
 2981  justice agency to expunge the criminal history record of a minor
 2982  or an adult who complies with the requirements of this section.
 2983  The court may not order a criminal justice agency to expunge a
 2984  criminal history record until the person seeking to expunge a
 2985  criminal history record has applied for and received a
 2986  certificate of eligibility under subsection (2).
 2987         (c)The court may order expunction of a criminal history
 2988  record pertaining to one arrest or one incident of alleged
 2989  criminal activity only, except that the court may order the
 2990  expunction of a criminal history record pertaining to more than
 2991  one arrest if the additional arrests directly relate to the
 2992  original arrest. If the court intends to order the expunction of
 2993  records pertaining to such additional arrests, such intent must
 2994  be specified in the order. A criminal justice agency may not
 2995  expunge any record pertaining to such additional arrests if the
 2996  order to expunge does not articulate the intention of the court
 2997  to expunge a record pertaining to more than one arrest. This
 2998  section does not prevent the court from ordering the expunction
 2999  of only a portion of a criminal history record pertaining to one
 3000  arrest or one incident of alleged criminal activity.
 3001         (d)Notwithstanding any law to the contrary, a criminal
 3002  justice agency may comply with laws, court orders, and official
 3003  requests of other jurisdictions relating to expunction,
 3004  correction, or confidential handling of criminal history records
 3005  or information derived therefrom.
 3006         (e)This section does not confer any right to expunction of
 3007  any criminal history record, and any request for expunction of a
 3008  criminal history record may be denied at the sole discretion of
 3009  the court.
 3010         (5)PROCESSING OF A PETITION OR AN ORDER.—
 3011         (a)In judicial proceedings under this section, a copy of
 3012  the completed petition to expunge shall be served upon the
 3013  appropriate state attorney or the statewide prosecutor and upon
 3014  the arresting agency; however, it is not necessary to make any
 3015  agency other than the state a party. The appropriate state
 3016  attorney or the statewide prosecutor and the arresting agency
 3017  may respond to the court regarding the completed petition to
 3018  expunge.
 3019         (b)If relief is granted by the court, the clerk of the
 3020  court shall certify copies of the order to the appropriate state
 3021  attorney or the statewide prosecutor and the arresting agency.
 3022  The arresting agency shall forward the order to any other agency
 3023  to which the arresting agency disseminated the criminal history
 3024  record information to which the order pertains. The department
 3025  shall forward the order to expunge to the Federal Bureau of
 3026  Investigation. The clerk of the court shall certify a copy of
 3027  the order to any other agency which the records of the court
 3028  reflect has received the criminal history record from the court.
 3029         (c)The department or any other criminal justice agency is
 3030  not required to act on an order to expunge entered by a court
 3031  when such order does not comply with the requirements of this
 3032  section. Upon receipt of such an order, the department must
 3033  notify the issuing court, the appropriate state attorney or
 3034  statewide prosecutor, the petitioner or the petitioner’s
 3035  attorney, and the arresting agency of the reason for
 3036  noncompliance. The appropriate state attorney or statewide
 3037  prosecutor shall take action within 60 days to correct the
 3038  record and petition the court to void the order. No cause of
 3039  action, including contempt of court, shall arise against any
 3040  criminal justice agency for failure to comply with an order to
 3041  expunge when the petitioner for such order failed to obtain the
 3042  certificate of eligibility as required by this section or such
 3043  order does not otherwise comply with the requirements of this
 3044  section.
 3045         (6)EFFECT OF EXPUNCTION ORDER.—
 3046         (a)Any criminal history record of a minor or an adult
 3047  which is ordered expunged by a court of competent jurisdiction
 3048  pursuant to this section must be physically destroyed or
 3049  obliterated by any criminal justice agency having custody of
 3050  such record, except that any criminal history record in the
 3051  custody of the department must be retained in all cases. A
 3052  criminal history record ordered expunged which is retained by
 3053  the department is confidential and exempt from s. 119.07(1) and
 3054  s. 24(a), Art. I of the State Constitution and not available to
 3055  any person or entity except upon order of a court of competent
 3056  jurisdiction. A criminal justice agency may retain a notation
 3057  indicating compliance with an order to expunge.
 3058         (b)The person who is the subject of a criminal history
 3059  record that is expunged under this section or under other
 3060  provisions of law, including former s. 893.14, former s. 901.33,
 3061  and former s. 943.058, may lawfully deny or fail to acknowledge
 3062  the arrests covered by the expunged record, except when the
 3063  subject of the record:
 3064         1.Is a candidate for employment with a criminal justice
 3065  agency;
 3066         2.Is a defendant in a criminal prosecution;
 3067         3.Concurrently or subsequently petitions for relief under
 3068  this section, s. 943.0583, or s. 943.059;
 3069         4.Is a candidate for admission to The Florida Bar;
 3070         5.Is seeking to be employed or licensed by or to contract
 3071  with the Department of Children and Families, the Division of
 3072  Vocational Rehabilitation within the Department of Education,
 3073  the Agency for Health Care Administration, the Agency for
 3074  Persons with Disabilities, the Department of Health, the
 3075  Department of Elderly Affairs, or the Department of Juvenile
 3076  Justice or to be employed or used by such contractor or licensee
 3077  in a sensitive position having direct contact with children, the
 3078  disabled, or the elderly;
 3079         6.Is seeking to be employed or licensed by the Department
 3080  of Education, any district school board, any university
 3081  laboratory school, any charter school, any private or parochial
 3082  school, or any local governmental entity that licenses child
 3083  care facilities;
 3084         7.Is seeking to be licensed by the Division of Insurance
 3085  Agent and Agency Services within the Department of Financial
 3086  Services; or
 3087         8.Is seeking to be appointed as a guardian pursuant to s.
 3088  744.3125.
 3089         (c)Subject to the exceptions in paragraph (b), a person
 3090  who has been granted an expunction under this section, former s.
 3091  893.14, former s. 901.33, or former s. 943.058 may not be held
 3092  under any provision of law of this state to commit perjury or to
 3093  be otherwise liable for giving a false statement by reason of
 3094  such person’s failure to recite or acknowledge an expunged
 3095  criminal history record.
 3096         (d)Information relating to the existence of an expunged
 3097  criminal history record which is provided in accordance with
 3098  paragraph (a) is confidential and exempt from s. 119.07(1) and
 3099  s. 24(a), Art. I of the State Constitution, except that the
 3100  department shall disclose the existence of a criminal history
 3101  record ordered expunged to the entities set forth in
 3102  subparagraphs (b)1., 4., 5., 6., 7., and 8. for their respective
 3103  licensing, access authorization, and employment purposes and to
 3104  criminal justice agencies for their respective criminal justice
 3105  purposes. It is unlawful for any employee of an entity set forth
 3106  in subparagraph (b)1., 4., 5., 6., 7., or 8. to disclose
 3107  information relating to the existence of an expunged criminal
 3108  history record of a person seeking employment, access
 3109  authorization, or licensure with such entity or contractor,
 3110  except to the person to whom the criminal history record relates
 3111  or to persons having direct responsibility for employment,
 3112  access authorization, or licensure decisions. A person who
 3113  violates this paragraph commits a misdemeanor of the first
 3114  degree, punishable as provided in s. 775.082 or s. 775.083.
 3115         Section 51. Section 943.059, Florida Statutes, is amended
 3116  to read:
 3117         (Substantial rewording of section. See
 3118         s. 943.059, F.S., for present text.)
 3119         943.059Court-ordered sealing of criminal history records.—
 3120         (1)ELIGIBILITY.—A person is eligible to petition a court
 3121  to seal a criminal history record when:
 3122         (a)The criminal history record is not ineligible for
 3123  court-ordered sealing under s. 943.0584.
 3124         (b)The person has never, before the date the application
 3125  for a certificate of eligibility is filed, been adjudicated
 3126  guilty in this state of a criminal offense, or been adjudicated
 3127  delinquent in this state for committing any felony or any of the
 3128  following misdemeanor offenses, unless the record of such
 3129  adjudication of delinquency has been expunged pursuant to s.
 3130  943.0515:
 3131         1.Assault, as defined in s. 784.011;
 3132         2.Battery, as defined in s. 784.03;
 3133         3.Assault on a law enforcement officer, a firefighter, or
 3134  other specified officers, as defined in s. 784.07(2)(a);
 3135         4.Carrying a concealed weapon, as defined in s. 790.01(1);
 3136         5.Open carrying of a weapon, as defined in s. 790.053;
 3137         6.Unlawful possession or discharge of a weapon or firearm
 3138  at a school-sponsored event or on school property, as defined in
 3139  s. 790.115;
 3140         7.Unlawful use of destructive devices or bombs, as defined
 3141  in s. 790.1615(1);
 3142         8.Unlawful possession of a firearm by a minor, as defined
 3143  in s. 790.22(5);
 3144         9.Exposure of sexual organs, as defined in s. 800.03;
 3145         10.Arson, as defined in s. 806.031(1);
 3146         11.Petit theft, as defined in s. 812.014(3);
 3147         12.Neglect of a child, as defined in s. 827.03(1)(e); or
 3148         13.Cruelty to animals, as defined in s. 828.12(10).
 3149         (c)The person has not been adjudicated guilty of, or
 3150  adjudicated delinquent for committing, any of the acts stemming
 3151  from the arrest or alleged criminal activity to which the
 3152  petition to seal pertains.
 3153         (d)The person is no longer under court supervision
 3154  applicable to the disposition of arrest or alleged criminal
 3155  activity to which the petition to seal pertains.
 3156         (e)The person has never secured a prior sealing or
 3157  expunction of a criminal history record under this section, s.
 3158  943.0585, former s. 893.14, former s. 901.33, or former s.
 3159  943.058.
 3160         (2)CERTIFICATE OF ELIGIBILITY.—Before petitioning the
 3161  court to seal a criminal history record, a person seeking to
 3162  seal a criminal history record must apply to the department for
 3163  a certificate of eligibility for sealing. The department shall
 3164  adopt rules relating to the application for and issuance of
 3165  certificates of eligibility for sealing.
 3166         (a)The department shall issue a certificate of eligibility
 3167  for sealing to a person who is the subject of a criminal history
 3168  record if that person:
 3169         1.Satisfies the eligibility criteria in paragraphs (1)(a)
 3170  (e) and is not ineligible for court-ordered sealing under s.
 3171  943.0584.
 3172         2.Has submitted to the department a certified copy of the
 3173  disposition of charge to which the petition pertains.
 3174         3.Remits a $75 processing fee to the department for
 3175  placement in the Department of Law Enforcement Operating Trust
 3176  Fund, unless the executive director waives such fee.
 3177         (b)A certificate of eligibility for sealing is valid for
 3178  12 months after the date stamped on the certificate when issued
 3179  by the department. After that time, the petitioner must reapply
 3180  to the department for a new certificate of eligibility. The
 3181  status of the applicant and the law in effect at the time of the
 3182  renewal application determine the petitioner’s eligibility.
 3183         (3)PETITION.—Each petition to a court to seal a criminal
 3184  history record is complete only when accompanied by:
 3185         (a)A valid certificate of eligibility issued by the
 3186  department pursuant to this section.
 3187         (b)The petitioner’s sworn statement that the petitioner:
 3188         1.Satisfies the eligibility requirements for sealing in
 3189  subsection (1).
 3190         2.Is eligible for sealing to the best of his or her
 3191  knowledge and does not have any other petition to seal or
 3192  expunge a criminal history record pending before any court.
 3193  
 3194  Any person who knowingly provides false information on such
 3195  sworn statement to the court commits a felony of the third
 3196  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3197  775.084.
 3198         (4)COURT AUTHORITY.—
 3199         (a)The courts of this state have jurisdiction over their
 3200  own procedures, including the maintenance, sealing, and
 3201  correction of judicial records containing criminal history
 3202  information to the extent that such procedures are not
 3203  inconsistent with the conditions, responsibilities, and duties
 3204  established by this section.
 3205         (b)Any court of competent jurisdiction may order a
 3206  criminal justice agency to seal the criminal history record of a
 3207  minor or an adult who complies with the requirements of this
 3208  section. The court may not order a criminal justice agency to
 3209  seal a criminal history record until the person seeking to seal
 3210  a criminal history record has applied for and received a
 3211  certificate of eligibility pursuant to subsection (2).
 3212         (c)The court may order the sealing of a criminal history
 3213  record pertaining to one arrest or one incident of alleged
 3214  criminal activity only, except the court may order the sealing
 3215  of a criminal history record pertaining to more than one arrest
 3216  if the additional arrests directly relate to the original
 3217  arrest. If the court intends to order the sealing of records
 3218  pertaining to such additional arrests, such intent must be
 3219  specified in the order. A criminal justice agency may not seal
 3220  any record pertaining to such additional arrests if the order to
 3221  seal does not articulate the intention of the court to seal a
 3222  record pertaining to more than one arrest. This section does not
 3223  prevent the court from ordering the sealing of only a portion of
 3224  a criminal history record pertaining to one arrest or one
 3225  incident of alleged criminal activity.
 3226         (d)Notwithstanding any law to the contrary, a criminal
 3227  justice agency may comply with laws, court orders, and official
 3228  requests of other jurisdictions relating to sealing, correction,
 3229  or confidential handling of criminal history records or
 3230  information derived therefrom.
 3231         (e)This section does not confer any right to the sealing
 3232  of any criminal history record, and any request for sealing of a
 3233  criminal history record may be denied at the sole discretion of
 3234  the court.
 3235         (5)PROCESSING OF A PETITION OR ORDER.—
 3236         (a)In judicial proceedings under this section, a copy of
 3237  the completed petition to seal shall be served upon the
 3238  appropriate state attorney or the statewide prosecutor and upon
 3239  the arresting agency; however, it is not necessary to make any
 3240  agency other than the state a party. The appropriate state
 3241  attorney or the statewide prosecutor and the arresting agency
 3242  may respond to the court regarding the completed petition to
 3243  seal.
 3244         (b)If relief is granted by the court, the clerk of the
 3245  court shall certify copies of the order to the appropriate state
 3246  attorney or the statewide prosecutor and the arresting agency.
 3247  The arresting agency is responsible for forwarding the order to
 3248  any other agency to which the arresting agency disseminated the
 3249  criminal history record information to which the order pertains.
 3250  The department shall forward the order to seal to the Federal
 3251  Bureau of Investigation. The clerk of the court shall certify a
 3252  copy of the order to any other agency that the records of the
 3253  court reflect has received the criminal history record from the
 3254  court.
 3255         (c)The department or any other criminal justice agency is
 3256  not required to act on an order to seal entered by a court when
 3257  such order does not comply with the requirements of this
 3258  section. Upon receipt of such an order, the department must
 3259  notify the issuing court, the appropriate state attorney or
 3260  statewide prosecutor, the petitioner or the petitioner’s
 3261  attorney, and the arresting agency of the reason for
 3262  noncompliance. The appropriate state attorney or statewide
 3263  prosecutor shall take action within 60 days to correct the
 3264  record and petition the court to void the order. No cause of
 3265  action, including contempt of court, shall arise against any
 3266  criminal justice agency for failure to comply with an order to
 3267  seal when the petitioner for such order failed to obtain the
 3268  certificate of eligibility as required by this section or such
 3269  order does not otherwise comply with the requirements of this
 3270  section.
 3271         (6)EFFECT OF ORDER.—
 3272         (a)A criminal history record of a minor or an adult which
 3273  is ordered sealed by a court pursuant to this section is
 3274  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 3275  of the State Constitution and is available only to the following
 3276  persons:
 3277         1.The subject of the record;
 3278         2.The subject’s attorney;
 3279         3.Criminal justice agencies for their respective criminal
 3280  justice purposes, which include conducting a criminal history
 3281  background check for approval of firearms purchases or transfers
 3282  as authorized by state or federal law;
 3283         4.Judges in the state courts system for the purpose of
 3284  assisting them in their case-related decisionmaking
 3285  responsibilities, as set forth in s. 943.053(5); or
 3286         5.To those entities set forth in subparagraphs (b)1., 4.,
 3287  5., 6., 8., 9., and 10. for their respective licensing access
 3288  authorization and employment purposes.
 3289         (b)The subject of the criminal history record sealed under
 3290  this section or under other provisions of law, including former
 3291  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
 3292  deny or fail to acknowledge the arrests covered by the sealed
 3293  record, except when the subject of the record:
 3294         1.Is a candidate for employment with a criminal justice
 3295  agency;
 3296         2.Is a defendant in a criminal prosecution;
 3297         3.Concurrently or subsequently petitions for relief under
 3298  this section, s. 943.0583, or s. 943.0585;
 3299         4.Is a candidate for admission to The Florida Bar;
 3300         5.Is seeking to be employed or licensed by or to contract
 3301  with the Department of Children and Families, the Division of
 3302  Vocational Rehabilitation within the Department of Education,
 3303  the Agency for Health Care Administration, the Agency for
 3304  Persons with Disabilities, the Department of Health, the
 3305  Department of Elderly Affairs, or the Department of Juvenile
 3306  Justice or to be employed or used by such contractor or licensee
 3307  in a sensitive position having direct contact with children, the
 3308  disabled, or the elderly;
 3309         6.Is seeking to be employed or licensed by the Department
 3310  of Education, a district school board, a university laboratory
 3311  school, a charter school, a private or parochial school, or a
 3312  local governmental entity that licenses child care facilities;
 3313         7.Is attempting to purchase a firearm from a licensed
 3314  importer, licensed manufacturer, or licensed dealer and is
 3315  subject to a criminal history check under state or federal law;
 3316         8.Is seeking to be licensed by the Division of Insurance
 3317  Agent and Agency Services within the Department of Financial
 3318  Services;
 3319         9.Is seeking to be appointed as a guardian pursuant to s.
 3320  744.3125; or
 3321         10.Is seeking to be licensed by the Bureau of License
 3322  Issuance of the Division of Licensing within the Department of
 3323  Agriculture and Consumer Services to carry a concealed weapon or
 3324  concealed firearm. This subparagraph applies only in the
 3325  determination of an applicant’s eligibility under s. 790.06.
 3326         (c)Subject to the exceptions in paragraph (b), a person
 3327  who has been granted a sealing under this section, former s.
 3328  893.14, former s. 901.33, or former s. 943.058 may not be held
 3329  under any provision of law of this state to commit perjury or to
 3330  be otherwise liable for giving a false statement by reason of
 3331  such person’s failure to recite or acknowledge a sealed criminal
 3332  history record.
 3333         (d)Information relating to the existence of a sealed
 3334  criminal history record provided in accordance with paragraph
 3335  (b) is confidential and exempt from s. 119.07(1) and s. 24(a),
 3336  Art. I of the State Constitution, except that the department
 3337  shall disclose the sealed criminal history record to the
 3338  entities set forth in subparagraphs (b)1., 4., 5., 6., 8., 9.,
 3339  and 10. for their respective licensing, access authorization,
 3340  and employment purposes. An employee of an entity set forth in
 3341  subparagraph (b)1., (b)4., (b)5., (b)6., (b)8., (b)9., or (b)10.
 3342  may not disclose information relating to the existence of a
 3343  sealed criminal history record of a person seeking employment,
 3344  access authorization, or licensure with such entity or
 3345  contractor, except to the person to whom the criminal history
 3346  record relates or to persons having direct responsibility for
 3347  employment, access authorization, or licensure decisions. A
 3348  person who violates this paragraph commits a misdemeanor of the
 3349  first degree, punishable as provided in s. 775.082 or s.
 3350  775.083.
 3351         Section 52. Section 943.0595, Florida Statutes, is created
 3352  to read:
 3353         943.0595Automatic sealing of criminal history records.—
 3354         (1)RULEMAKING.—Notwithstanding any law dealing generally
 3355  with the preservation and destruction of public records, the
 3356  department shall adopt rules addressing the automatic sealing of
 3357  any criminal history record of a minor or adult described in
 3358  this section.
 3359         (2)ELIGIBILITY.—
 3360         (a)The department shall automatically seal a criminal
 3361  history record that does not result from an indictment,
 3362  information, or other charging document for a forcible felony as
 3363  defined in s. 776.08 or for an offense enumerated in s.
 3364  943.0435(1)(h)1.a.(I), if:
 3365         1.An indictment, information, or other charging document
 3366  was not filed or issued in the case giving rise to the criminal
 3367  history record.
 3368         2.An indictment, information, or other charging document
 3369  was filed in the case giving rise to the criminal history
 3370  record, but was dismissed or nolle prosequi by the state
 3371  attorney or statewide prosecutor or was dismissed by a court of
 3372  competent jurisdiction. However, a person is not eligible for
 3373  automatic sealing under this section if the dismissal was
 3374  pursuant to s. 916.145 or s. 985.19.
 3375         3.A not guilty verdict was rendered by a judge or jury.
 3376  However, a person is not eligible for automatic sealing under
 3377  this section if the defendant was found not guilty by reason of
 3378  insanity.
 3379         4.A judgment of acquittal was rendered by a judge.
 3380         (b)There is no limitation on the number of times a person
 3381  may obtain an automatic sealing for a criminal history record
 3382  described in paragraph (a).
 3383         (3)PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.—
 3384         (a)Upon the disposition of a criminal case resulting in a
 3385  criminal history record eligible for automatic sealing under
 3386  paragraph (2)(a), the clerk of the court shall transmit a
 3387  certified copy of the disposition of the criminal history record
 3388  to the department, which shall seal the criminal history record
 3389  upon receipt of the certified copy.
 3390         (b)Automatic sealing of a criminal history record does not
 3391  require sealing by the court or other criminal justice agencies,
 3392  or that such record be surrendered to the court, and such record
 3393  shall continue to be maintained by the department and other
 3394  criminal justice agencies.
 3395         (c)Except as provided in this section, automatic sealing
 3396  of a criminal history record shall have the same effect, and the
 3397  department may disclose such a record in the same manner, as a
 3398  record sealed under s. 943.059.
 3399         Section 53. Effective upon this act becoming a law,
 3400  subsections (9) and (10) are added to section 943.6871, Florida
 3401  Statutes, to read:
 3402         943.6871 Criminal justice data transparency.—In order to
 3403  facilitate the availability of comparable and uniform criminal
 3404  justice data, the department shall:
 3405         (9)Keep all information received by the department under
 3406  s. 900.05 which is confidential and exempt when collected by the
 3407  reporting agency confidential and exempt for purposes of this
 3408  section and s. 900.05.
 3409         (10)(a) By October 1, 2019, assist the Criminal and
 3410  Juvenile Justice Information Systems Council in developing
 3411  specifications for a uniform arrest affidavit to be used by each
 3412  state, county, and municipal law enforcement agency to
 3413  facilitate complete, accurate, and timely collection and
 3414  reporting of data from each criminal offense arrest. The uniform
 3415  arrest affidavit must at a minimum include all of the following:
 3416         1. Identification of the arrestee.
 3417         2. Details of the arrest, including each charge.
 3418         3. Details of each vehicle and item seized at the time of
 3419  arrest.
 3420         4. Juvenile arrestee information.
 3421         5. Release information.
 3422  
 3423  The uniform arrest affidavit specifications must also include
 3424  guidelines for developing a uniform criminal charge and
 3425  disposition statute crosswalk table to be used by each law
 3426  enforcement agency, state attorney, and jail administrator; and
 3427  guidelines for developing a uniform criminal disposition and
 3428  sentencing statute crosswalk table to be used by each clerk of
 3429  the court.
 3430         (b) By January 1, 2020, subject to appropriation, the
 3431  department shall procure a uniform arrest affidavit, a uniform
 3432  criminal charge and disposition statute crosswalk table, and a
 3433  uniform criminal disposition and sentencing statute crosswalk
 3434  table following the specifications developed under paragraph
 3435  (a). The department shall provide training on use of the
 3436  affidavit and crosswalk tables to each state, county, and
 3437  municipal law enforcement agency, clerk of the court, state
 3438  attorney, and jail administrator, as appropriate.
 3439         (c) By July 1, 2020, each state, county, and municipal law
 3440  enforcement agency must use the uniform arrest affidavit, each
 3441  state attorney and jail administrator must use the uniform
 3442  criminal charge and statute crosswalk table, and each clerk of
 3443  the court must use the uniform criminal disposition and
 3444  sentencing statute crosswalk table.
 3445         Section 54. Section 944.40, Florida Statutes, is amended to
 3446  read:
 3447         944.40 Escapes; penalty.—Any prisoner confined in, or
 3448  released on furlough from, any prison, jail, private
 3449  correctional facility, road camp, or other penal institution,
 3450  whether operated by the state, a county, or a municipality, or
 3451  operated under a contract with the state, a county, or a
 3452  municipality, working upon the public roads, or being
 3453  transported to or from a place of confinement who escapes or
 3454  attempts to escape from such confinement commits a felony of the
 3455  second degree, punishable as provided in s. 775.082, s. 775.083,
 3456  or s. 775.084. The punishment of imprisonment imposed under this
 3457  section shall run consecutive to any former sentence imposed
 3458  upon any prisoner.
 3459         Section 55. Subsection (2) of section 944.47, Florida
 3460  Statutes, is amended to read:
 3461         944.47 Introduction, removal, or possession of contraband
 3462  certain articles unlawful; penalty.—
 3463         (2)(a) A person who violates any provision of this section
 3464  as it pertains to an article of contraband described in
 3465  subparagraph (1)(a)1., subparagraph (1)(a)2., or subparagraph
 3466  (1)(a)6. commits a felony of the third degree, punishable as
 3467  provided in s. 775.082, s. 775.083, or s. 775.084. Otherwise In
 3468  all other cases, a violation of a provision of this section is
 3469  constitutes a felony of the second degree, punishable as
 3470  provided in s. 775.082, s. 775.083, or s. 775.084.
 3471         (b)A violation of this section by an employee, as defined
 3472  in s. 944.115(2)(b), who uses or attempts to use the powers,
 3473  rights, privileges, duties, or position of his or her employment
 3474  in the commission of the violation is ranked one level above the
 3475  ranking specified in s. 921.0022 or s. 921.0023 for the offense
 3476  committed.
 3477         Section 56. Section 944.704, Florida Statutes, is amended
 3478  to read:
 3479         944.704 Staff who provide transition assistance; duties.—
 3480         (1) The department shall provide a transition assistance
 3481  specialist at each of the major institutions.
 3482         (2)The department may increase the number of transition
 3483  assistance specialists in proportion to the number of inmates
 3484  served at each of the major institutions and may increase the
 3485  number of employment specialists per judicial circuit based on
 3486  the number of released inmates served under community
 3487  supervision in that circuit, subject to appropriations.
 3488         (3)The transition assistance specialists’ whose duties
 3489  include, but are not limited to:
 3490         (a)(1) Coordinating delivery of transition assistance
 3491  program services at the institution and at the community
 3492  correctional centers authorized pursuant to s. 945.091(1)(b).
 3493         (b)(2) Assisting in the development of each inmate’s
 3494  postrelease plan.
 3495         (c)(3) Obtaining job placement information. Such
 3496  information must include identifying any job assignment
 3497  credentialing or industry certifications for which the inmate is
 3498  eligible.
 3499         (d)(4) Providing a written medical discharge plan and
 3500  referral to a county health department.
 3501         (e)(5) For an inmate who is known to be HIV positive,
 3502  providing a 30-day supply of all HIV/AIDS-related medication
 3503  that the inmate is taking before prior to release, if required
 3504  under protocols of the Department of Corrections and treatment
 3505  guidelines of the United States Department of Health and Human
 3506  Services.
 3507         (f)(6) Facilitating placement in a private transition
 3508  housing program, if requested by any eligible inmate. If an
 3509  inmate who is nearing his or her date of release requests
 3510  placement in a contracted substance abuse transition housing
 3511  program, the transition assistance specialist shall inform the
 3512  inmate of program availability and assess the inmate’s need and
 3513  suitability for transition housing assistance. If an inmate is
 3514  approved for placement, the specialist shall assist the inmate
 3515  and coordinate the release of the inmate with the selected
 3516  program. If an inmate requests and is approved for placement in
 3517  a contracted faith-based substance abuse transition housing
 3518  program, the specialist must consult with the chaplain before
 3519  prior to such placement. In selecting inmates who are nearing
 3520  their date of release for placement in a faith-based program,
 3521  the department shall ensure that an inmate’s faith orientation,
 3522  or lack thereof, will not be considered in determining admission
 3523  to the program and that the program does not attempt to convert
 3524  an inmate toward a particular faith or religious preference.
 3525         (g)(7) Providing a photo identification card to all inmates
 3526  before prior to their release.
 3527         (4)A The transition assistance specialist may not be a
 3528  correctional officer or correctional probation officer as
 3529  defined in s. 943.10.
 3530         Section 57. Present subsections (3) through (6) of section
 3531  944.705, Florida Statutes, are redesignated as subsections (4)
 3532  through (7), respectively, and a new subsection (3) and
 3533  subsections (8) through (12) are added to that section, to read:
 3534         944.705 Release orientation program.—
 3535         (3)(a)The department shall establish a toll-free hotline
 3536  for the benefit of released inmates. The hotline shall provide
 3537  information to released inmates seeking to obtain post-release
 3538  referrals for community-based reentry services.
 3539         (b)Before an inmate’s release, the department shall
 3540  provide the inmate with a comprehensive community reentry
 3541  resource directory organized by county and which must include
 3542  the name, address, and a description of the services offered by
 3543  each reentry service provider. The directory must also include
 3544  the name, address, and telephone number of existing portals of
 3545  entry and the toll-free hotline number required by paragraph
 3546  (a).
 3547         (c)The department shall expand the use of a department
 3548  approved risk and needs assessment system to provide inmates and
 3549  offenders with community-specific reentry service provider
 3550  referrals.
 3551         (8)A nonprofit faith-based or professional business, or a
 3552  civic or community organization, may apply for registration with
 3553  the department to provide inmate reentry services. Reentry
 3554  services include, but are not limited to, counseling; providing
 3555  information on housing and job placement; money management
 3556  assistance; and programs that address substance abuse, mental
 3557  health, or co-occurring conditions.
 3558         (9)The department shall adopt policies and procedures for
 3559  screening, approving, and registering an organization that
 3560  applies under subsection (8). The department may deny approval
 3561  and registration of an organization or a representative from an
 3562  organization if it determines that the organization or
 3563  representative does not meet the department’s policies and
 3564  procedures.
 3565         (10)The department may contract with a public or private
 3566  educational institution’s veteran advocacy clinic or veteran
 3567  legal clinic to assist qualified veteran inmates in applying for
 3568  veterans’ benefits upon release.
 3569         (11)The department may contract with public or private
 3570  organizations to establish transitional employment programs that
 3571  provide employment opportunities for released inmates.
 3572         (12)The department shall adopt rules to implement this
 3573  section.
 3574         Section 58. Present subsections (4), (5), and (6) of
 3575  section 944.801, Florida Statutes, are redesignated as
 3576  subsections (7), (8), and (9), respectively, and new subsections
 3577  (4), (5), and (6) are added to that section, to read:
 3578         944.801 Education for state prisoners.—
 3579         (4)The department may expand the use of job assignment
 3580  credentialing and industry certifications.
 3581         (5)The Correctional Education Program may establish a
 3582  prison entrepreneurship program and adopt procedures for
 3583  admitting student inmates. If the department elects to develop
 3584  the program, it must include at least 180 days of in-prison
 3585  education. The program curriculum must include a component on
 3586  developing a business plan, procedures for graduation and
 3587  certification of successful student inmates, and at least 90
 3588  days of transitional and postrelease continuing educational
 3589  services. Transitional and postrelease continuing educational
 3590  services may be offered to graduate student inmates on a
 3591  voluntary basis and are not a requirement for completion of the
 3592  program. The department shall enter into agreements with public
 3593  or private colleges or universities, other nonprofit entities,
 3594  or other authorized provider under s. 1002.45(1)(a)1. to
 3595  implement the program. The program must be funded with existing
 3596  resources.
 3597         (6) The Correctional education Program may work in
 3598  cooperation with the Department of Agriculture and Consumer
 3599  Services, Florida Forestry Service Division, and the Florida
 3600  Department of Financial Services, Division of State Fire
 3601  Marshall to develop a program for implementation within state
 3602  correctional institutions or correctional facilities to train
 3603  and certify inmates as firefighters. The program should include,
 3604  but not be limited to, certification of inmates as state forest
 3605  staff trained to help protect homes, forestland, and natural
 3606  resources from the effects of wildfires throughout the state.
 3607         Section 59. Subsection (1) of section 948.001, Florida
 3608  Statutes, is amended to read:
 3609         948.001 Definitions.—As used in this chapter, the term:
 3610         (1) “Administrative probation” means a form of no contact,
 3611  nonreporting supervision. A court may order administrative
 3612  probation, or the Department of Corrections may transfer an
 3613  offender to administrative probation, as provided in s. 948.013
 3614  in which an offender who presents a low risk of harm to the
 3615  community may, upon satisfactory completion of half the term of
 3616  probation, be transferred by the Department of Corrections to
 3617  this type of reduced level of supervision, as provided in s.
 3618  948.013.
 3619         Section 60. Subsection (1) of section 948.013, Florida
 3620  Statutes, is amended to read:
 3621         948.013 Administrative probation.—
 3622         (1) The Department of Corrections may transfer an offender
 3623  to administrative probation if he or she presents a low risk of
 3624  harm to the community and has satisfactorily completed at least
 3625  half of his or her probation term. The department of Corrections
 3626  may establish procedures for transferring an offender to
 3627  administrative probation. The department may collect an initial
 3628  processing fee of up to $50 for each probationer transferred to
 3629  administrative probation. The offender is exempt from further
 3630  payment for the cost of supervision as required in s. 948.09.
 3631         Section 61. Subsections (4), (5), and (6) are added to
 3632  section 948.04, Florida Statutes, to read:
 3633         948.04 Period of probation; duty of probationer; early
 3634  termination; conversion of term.—
 3635         (4)Except as provided in subsection (5), for defendants
 3636  sentenced to probation on or after October 1, 2019, the court,
 3637  upon motion by the probationer or the probation officer, shall
 3638  either early terminate the probationer’s supervision or convert
 3639  the supervisory term to administrative probation if all of the
 3640  following requirements are met:
 3641         (a)The probationer has completed at least half of the term
 3642  of probation to which he or she was sentenced.
 3643         (b)The probationer has successfully completed all other
 3644  conditions of probation.
 3645         (c)The court has not found the probationer in violation of
 3646  probation pursuant to a filed affidavit of violation of
 3647  probation at any point during the current supervisory term.
 3648         (d)The parties did not specifically exclude the
 3649  possibility of early termination or conversion to administrative
 3650  probation as part of a negotiated sentence.
 3651         (e)The probationer does not qualify as a violent felony
 3652  offender of special concern under s. 948.06(8)(b).
 3653         (5)Upon making written findings that continued reporting
 3654  probation is necessary to protect the community or the interests
 3655  of justice, the court may decline to early terminate the
 3656  probationary term or convert the term to administrative
 3657  probation for a probationer who is otherwise eligible under
 3658  subsection (4).
 3659         (6)Subsections (4) and (5) do not apply to an offender on
 3660  community control. If an offender on community control is
 3661  subsequently placed on probation, he or she must complete half
 3662  of the probationary term to which he or she was sentenced,
 3663  without receiving credit for time served on community control,
 3664  before being eligible for mandatory early termination or
 3665  conversion to administrative probation under this section.
 3666         Section 62. Section 948.05, Florida Statutes, is amended to
 3667  read:
 3668         948.05 Court to admonish or commend probationer or offender
 3669  in community control; graduated incentives.—
 3670         (1) A court may at any time cause a probationer or offender
 3671  in community control to appear before it to be admonished or
 3672  commended, and, when satisfied that its action will be for the
 3673  best interests of justice and the welfare of society, it may
 3674  discharge the probationer or offender in community control from
 3675  further supervision.
 3676         (2)The department shall implement a system of graduated
 3677  incentives to promote compliance with the terms of supervision
 3678  and prioritize the highest levels of supervision for
 3679  probationers or offenders presenting the greatest risk of
 3680  recidivism.
 3681         (a)As part of the graduated incentives system, the
 3682  department may, without leave of court, offer the following
 3683  incentives to a compliant probationer or offender in community
 3684  control:
 3685         1.Up to 25 percent reduction of required community service
 3686  hours;
 3687         2.Waiver of supervision fees;
 3688         3.Reduction in frequency of reporting;
 3689         4.Permission to report by mail or telephone; or
 3690         5.Transfer of an eligible offender to administrative
 3691  probation as authorized under s. 948.013.
 3692         (b)The department may also incentivize positive behavior
 3693  and compliance with recommendations to the court to modify the
 3694  terms of supervision, including recommending:
 3695         1.Permission to travel;
 3696         2.Reduction of supervision type;
 3697         3.Modification or cessation of curfew;
 3698         4.Reduction or cessation of substance abuse testing; or
 3699         5.Early termination of supervision.
 3700         (c)A probationer or offender who commits a subsequent
 3701  violation of probation may forfeit any previously earned
 3702  probation incentive, as determined appropriate by his or her
 3703  probation officer.
 3704         Section 63. Present paragraphs (c) through (g) of
 3705  subsection (1) of section 948.06, Florida Statutes, are
 3706  redesignated as paragraphs (d) through (h), respectively, a new
 3707  paragraph (c) is added to that subsection, and present paragraph
 3708  (h) of that subsection is amended, present paragraphs (f)
 3709  through (j) of subsection (2) are redesignated as paragraphs (g)
 3710  through (k), respectively, and a new paragraph (f) is added to
 3711  that subsection, and subsection (9) is added to that section, to
 3712  read:
 3713         948.06 Violation of probation or community control;
 3714  revocation; modification; continuance; failure to pay
 3715  restitution or cost of supervision.—
 3716         (1)
 3717         (c)If a probationer or offender on community control
 3718  commits a technical violation, the probation officer shall
 3719  determine whether the probationer or offender on community
 3720  control is eligible for the alternative sanctioning program
 3721  under subsection (9). If the probation officer determines that
 3722  the probationer or offender on community control is eligible,
 3723  the probation officer may proceed with the alternative
 3724  sanctioning program in lieu of filing an affidavit of violation
 3725  with the court. For purposes of this section, the term
 3726  “technical violation” means an alleged violation of supervision
 3727  that is not a new felony offense, misdemeanor offense, or
 3728  criminal traffic offense.
 3729         (h)1.The chief judge of each judicial circuit, in
 3730  consultation with the state attorney, the public defender, and
 3731  the department, may establish an alternative sanctioning program
 3732  in which the department, after receiving court approval, may
 3733  enforce specified sanctions for certain technical violations of
 3734  supervision. For purposes of this paragraph, the term “technical
 3735  violation” means any alleged violation of supervision that is
 3736  not a new felony offense, misdemeanor offense, or criminal
 3737  traffic offense.
 3738         2.To establish an alternative sanctioning program, the
 3739  chief judge must issue an administrative order specifying:
 3740         a.Eligibility criteria.
 3741         b.The technical violations that are eligible for the
 3742  program.
 3743         c.The sanctions that may be recommended by a probation
 3744  officer for each technical violation.
 3745         d.The process for reporting technical violations through
 3746  the alternative sanctioning program, including approved forms.
 3747         3.If an offender is alleged to have committed a technical
 3748  violation of supervision that is eligible for the program, the
 3749  offender may:
 3750         a.Waive participation in the alternative sanctioning
 3751  program, in which case the probation officer may submit a
 3752  violation report, affidavit, and warrant to the court in
 3753  accordance with this section; or
 3754         b.Elect to participate in the alternative sanctioning
 3755  program after receiving written notice of an alleged technical
 3756  violation and a disclosure of the evidence against the offender,
 3757  admit to the technical violation, agree to comply with the
 3758  probation officer’s recommended sanction if subsequently ordered
 3759  by the court, and agree to waive the right to:
 3760         (I)Be represented by legal counsel.
 3761         (II)Require the state to prove his or her guilt before a
 3762  neutral and detached hearing body.
 3763         (III)Subpoena witnesses and present to a judge evidence in
 3764  his or her defense.
 3765         (IV)Confront and cross-examine adverse witnesses.
 3766         (V)Receive a written statement from a factfinder as to the
 3767  evidence relied on and the reasons for the sanction imposed.
 3768         4.If the offender admits to committing the technical
 3769  violation and agrees with the probation officer’s recommended
 3770  sanction, the probation officer must, before imposing the
 3771  sanction, submit the recommended sanction to the court as well
 3772  as documentation reflecting the offender’s admission to the
 3773  technical violation and agreement with the recommended sanction.
 3774         5.The court may impose the recommended sanction or may
 3775  direct the department to submit a violation report, affidavit,
 3776  and warrant to the court in accordance with this section.
 3777         6.An offender’s participation in an alternative
 3778  sanctioning program is voluntary. The offender may elect to
 3779  waive or discontinue participation in an alternative sanctioning
 3780  program at any time before the issuance of a court order
 3781  imposing the recommended sanction.
 3782         7.If an offender waives or discontinues participation in
 3783  an alternative sanctioning program, the probation officer may
 3784  submit a violation report, affidavit, and warrant to the court
 3785  in accordance with this section. The offender’s prior admission
 3786  to the technical violation may not be used as evidence in
 3787  subsequent proceedings.
 3788         (2)
 3789         (f)1.Except as provided in subparagraph 3. or upon waiver
 3790  by the probationer, the court shall modify or continue a
 3791  probationary term upon finding a probationer in violation when
 3792  any of the following applies:
 3793         a.The term of supervision is probation.
 3794         b.The probationer does not qualify as a violent felony
 3795  offender of special concern, as defined in paragraph (8)(b).
 3796         c.The violation is a low-risk technical violation, as
 3797  defined in paragraph (9)(b).
 3798         d.The court has not previously found the probationer in
 3799  violation of his or her probation pursuant to a filed violation
 3800  of probation affidavit during the current term of supervision. A
 3801  probationer who has successfully completed sanctions through the
 3802  alternative sanctioning program is eligible for mandatory
 3803  modification or continuation of his or her probation.
 3804         2.Upon modifying probation under subparagraph 1., the
 3805  court may include in the sentence a maximum of 90 days in county
 3806  jail as a special condition of probation.
 3807         3.Notwithstanding s. 921.0024, if a probationer has less
 3808  than 90 days of supervision remaining on his or her term of
 3809  probation and meets the criteria for mandatory modification or
 3810  continuation in subparagraph 1., the court may revoke probation
 3811  and sentence the probationer to a maximum of 90 days in county
 3812  jail.
 3813         4.For purposes of imposing a jail sentence under this
 3814  paragraph only, the court may grant credit only for time served
 3815  in the county jail since the probationer’s most recent arrest
 3816  for the violation. However, the court may not order the
 3817  probationer to a total term of incarceration greater than the
 3818  maximum provided by s. 775.082.
 3819         (9)(a)Each judicial circuit shall establish an alternative
 3820  sanctioning program as provided in this subsection. The chief
 3821  judge of each judicial circuit may, by administrative order,
 3822  define additional sanctions or eligibility criteria and specify
 3823  the process for reporting technical violations through the
 3824  alternative sanctioning program. Any sanctions recommended for
 3825  imposition through an alternative sanctions program must be
 3826  submitted to the court by the probation officer for approval
 3827  before imposing the sanction.
 3828         (b)As used in this subsection, the term “low-risk
 3829  violation,” when committed by a probationer, means any of the
 3830  following:
 3831         1.A positive drug or alcohol test result.
 3832         2.Failure to report to the probation office.
 3833         3.Failure to report a change in address or other required
 3834  information.
 3835         4.Failure to attend a required class, treatment or
 3836  counseling session, or meeting.
 3837         5.Failure to submit to a drug or alcohol test.
 3838         6.A violation of curfew.
 3839         7.Failure to meet a monthly quota on any required
 3840  probation condition, including, but not limited to, making
 3841  restitution payments, paying court costs, or completing
 3842  community service hours.
 3843         8.Leaving the county without permission.
 3844         9.Failure to report a change in employment.
 3845         10.Associating with a person engaged in criminal activity.
 3846         11.Any other violation as determined by administrative
 3847  order of the chief judge of the circuit.
 3848         (c)As used in this subsection, the term “moderate-risk
 3849  violation” means any of the following:
 3850         1.A violation identified in paragraph (b), when committed
 3851  by an offender on community control.
 3852         2.Failure to remain at an approved residence by an
 3853  offender on community control.
 3854         3.A third violation identified in paragraph (b) by a
 3855  probationer within the current term of supervision.
 3856         4.Any other violation as determined by administrative
 3857  order of the chief judge of the circuit.
 3858         (d)A probationer or offender on community control is not
 3859  eligible for an alternative sanction if:
 3860         1.He or she is a violent felony offender of special
 3861  concern as defined in paragraph (8)(b);
 3862         2.The violation is a felony, misdemeanor, or criminal
 3863  traffic offense;
 3864         3.The violation is absconding;
 3865         4.The violation is of a stay-away order or no-contact
 3866  order;
 3867         5.The violation is not identified as low-risk or moderate
 3868  risk under this subsection or by administrative order;
 3869         6.He or she has a prior moderate-risk level violation
 3870  during the current term of supervision;
 3871         7.He or she has three prior low-risk level violations
 3872  during the same term of supervision;
 3873         8.The term of supervision is scheduled to terminate in
 3874  less than 90 days; or
 3875         9.The terms of the sentence prohibit alternative
 3876  sanctioning.
 3877         (e)For a first or second low-risk violation, as defined in
 3878  paragraph (b), within the current term of supervision, a
 3879  probation officer may offer an eligible probationer one or more
 3880  of the following as an alternative sanction:
 3881         1.Up to 5 days in the county jail.
 3882         2.Up to 50 additional community service hours.
 3883         3.Counseling or treatment.
 3884         4.Support group attendance.
 3885         5.Drug testing.
 3886         6.Loss of travel or other privileges.
 3887         7.Curfew for up to 30 days.
 3888         8.House arrest for up to 30 days.
 3889         9.a.Any other sanction as determined by administrative
 3890  order of the chief judge of the circuit.
 3891         b.However, in no circumstance shall participation in an
 3892  alternative sanctioning program convert a withheld adjudication
 3893  to an adjudication of guilt.
 3894         (f)For a first moderate-risk violation, as defined in
 3895  paragraph (c), within the current term of supervision, a
 3896  probation officer, with a supervisor’s approval, may offer an
 3897  eligible probationer or offender on community control one or
 3898  more of the following as an alternative sanction:
 3899         1.Up to 21 days in the county jail.
 3900         2.Curfew for up to 90 days.
 3901         3.House arrest for up to 90 days.
 3902         4.Electronic monitoring for up to 90 days.
 3903         5.Residential treatment for up to 90 days.
 3904         6.Any other sanction available for a low-risk violation.
 3905         7.a.Any other sanction as determined by administrative
 3906  order of the chief judge of the circuit.
 3907         b.However, in no circumstance shall participation in an
 3908  alternative sanctioning program convert a withheld adjudication
 3909  to an adjudication of guilt.
 3910         (g)The participation of a probationer or an offender on
 3911  community control in the program is voluntary. The probationer
 3912  or offender on community control may waive or discontinue
 3913  participation in the program at any time before the court
 3914  imposes a recommended sanction.
 3915         (h)1.If a probationer or offender on community control is
 3916  eligible for the alternative sanctioning program under this
 3917  subsection, he or she may:
 3918         a.Waive participation in the program, in which case the
 3919  probation officer may submit a violation report, affidavit, and
 3920  warrant to the court; or
 3921         b.Elect to participate in the program after receiving
 3922  written notice of an alleged technical violation and disclosure
 3923  of the evidence against him or her, and admit the technical
 3924  violation, agree to comply with the probation officer’s
 3925  recommended sanction if subsequently ordered by the court, and
 3926  agree to waive the right to:
 3927         (I)Be represented by legal counsel.
 3928         (II)Require the state to prove his or her guilt before a
 3929  neutral and detached hearing body.
 3930         (III)Subpoena witnesses and present to a judge evidence in
 3931  his or her defense.
 3932         (IV)Confront and cross-examine adverse witnesses.
 3933         (V)Receive a written statement from a judge as to the
 3934  evidence relied on and the reasons for the sanction imposed.
 3935         2.If the probationer or offender on community control
 3936  admits to committing the technical violation and agrees with the
 3937  probation officer’s recommended sanction, the probation officer
 3938  must, before imposing the sanction, submit the recommended
 3939  sanction to the court with documentation reflecting the
 3940  probationer’s admission to the technical violation and agreement
 3941  with the recommended sanction.
 3942         (i)The court may impose the recommended sanction or direct
 3943  the department to submit a violation report, affidavit, and
 3944  warrant to the court.
 3945         (j)If a probationer or offender on community control
 3946  waives or discontinues participation in the program or fails to
 3947  successfully complete all alternative sanctions within 90 days
 3948  after imposition or within the timeframe specified in the
 3949  agreed-upon sanction, the probation officer may submit a
 3950  violation report, affidavit, and warrant to the court. A prior
 3951  admission by the probationer or offender on community control to
 3952  a technical violation may not be used as evidence in subsequent
 3953  proceedings.
 3954         Section 64. Subsection (6) of section 948.08, Florida
 3955  Statutes, is amended to read:
 3956         948.08 Pretrial intervention program.—
 3957         (6)(a) For purposes of this subsection, the term
 3958  “nonviolent felony” means a third degree felony violation of
 3959  chapter 810 or any other felony offense that is not a forcible
 3960  felony as defined in s. 776.08.
 3961         (b) Notwithstanding any provision of this section, a person
 3962  who is charged with a nonviolent felony and is identified as
 3963  having a substance abuse problem or is charged with a felony of
 3964  the second or third degree for purchase or possession of a
 3965  controlled substance under chapter 893, prostitution, tampering
 3966  with evidence, solicitation for purchase of a controlled
 3967  substance, or obtaining a prescription by fraud; who has not
 3968  been charged with a crime involving violence, including, but not
 3969  limited to, murder, sexual battery, robbery, carjacking, home
 3970  invasion robbery, or any other crime involving violence; and who
 3971  has not previously been convicted of a felony is eligible for
 3972  voluntary admission into a pretrial substance abuse education
 3973  and treatment intervention program, including a treatment-based
 3974  drug court program established pursuant to s. 397.334, approved
 3975  by the chief judge of the circuit, for a period of not less than
 3976  1 year in duration, if he or she:
 3977         1.Is identified as having a substance abuse problem and is
 3978  amenable to treatment.
 3979         2.Is charged with a nonviolent felony.
 3980         3.Has never been charged with a crime involving violence,
 3981  including, but not limited to, murder, sexual battery, robbery,
 3982  carjacking, home-invasion robbery, or any other crime involving
 3983  violence.
 3984         4.Has two or fewer felony convictions, provided that the
 3985  prior convictions are for nonviolent felonies.
 3986         (c) Upon motion of either party or the court’s own motion,
 3987  and with the agreement of the defendant, the court shall admit
 3988  an eligible person into a pretrial substance abuse education and
 3989  treatment intervention program, except:
 3990         1. If a defendant was previously offered admission to a
 3991  pretrial substance abuse education and treatment intervention
 3992  program at any time before prior to trial and the defendant
 3993  rejected that offer on the record, then the court or the state
 3994  attorney may deny the defendant’s admission to such a program.
 3995         2. If the state attorney believes that the facts and
 3996  circumstances of the case suggest the defendant’s involvement in
 3997  the dealing and selling of controlled substances, the court
 3998  shall hold a preadmission hearing. If the state attorney
 3999  establishes, by a preponderance of the evidence at such hearing,
 4000  that the defendant was involved in the dealing or selling of
 4001  controlled substances, the court shall deny the defendant’s
 4002  admission into a pretrial intervention program.
 4003         3.If the defendant has two or fewer prior felony
 4004  convictions as provided in subparagraph (b)4., the court, in its
 4005  discretion, may deny admission to such a program.
 4006         (d)(b) While enrolled in a pretrial intervention program
 4007  authorized by this subsection, the participant is subject to a
 4008  coordinated strategy developed by a drug court team under s.
 4009  397.334(4). The coordinated strategy may include a protocol of
 4010  sanctions that may be imposed upon the participant for
 4011  noncompliance with program rules. The protocol of sanctions may
 4012  include, but is not limited to, placement in a substance abuse
 4013  treatment program offered by a licensed service provider as
 4014  defined in s. 397.311 or in a jail-based treatment program or
 4015  serving a period of incarceration within the time limits
 4016  established for contempt of court. The coordinated strategy must
 4017  be provided in writing to the participant before the participant
 4018  agrees to enter into a pretrial treatment-based drug court
 4019  program or other pretrial intervention program. Any person whose
 4020  charges are dismissed after successful completion of the
 4021  treatment-based drug court program, if otherwise eligible, may
 4022  have his or her arrest record and plea of nolo contendere to the
 4023  dismissed charges expunged under s. 943.0585.
 4024         (e)(c) At the end of the pretrial intervention period, the
 4025  court shall consider the recommendation of the administrator
 4026  pursuant to subsection (5) and the recommendation of the state
 4027  attorney as to disposition of the pending charges. The court
 4028  shall determine, by written finding, whether the defendant has
 4029  successfully completed the pretrial intervention program.
 4030  Notwithstanding the coordinated strategy developed by a drug
 4031  court team pursuant to s. 397.334(4), if the court finds that
 4032  the defendant has not successfully completed the pretrial
 4033  intervention program, the court may order the person to continue
 4034  in education and treatment, which may include substance abuse
 4035  treatment programs offered by licensed service providers as
 4036  defined in s. 397.311 or jail-based treatment programs, or order
 4037  that the charges revert to normal channels for prosecution. The
 4038  court shall dismiss the charges upon a finding that the
 4039  defendant has successfully completed the pretrial intervention
 4040  program.
 4041         (f)(d) Any entity, whether public or private, providing a
 4042  pretrial substance abuse education and treatment intervention
 4043  program under this subsection must contract with the county or
 4044  appropriate governmental entity, and the terms of the contract
 4045  must include, but need not be limited to, the requirements
 4046  established for private entities under s. 948.15(3).
 4047         Section 65. Section 948.081, Florida Statutes, is created
 4048  to read:
 4049         948.081Community court programs.—
 4050         (1)Each judicial circuit may establish a community court
 4051  program for defendants charged with certain misdemeanor
 4052  offenses. Each community court shall, at a minimum:
 4053         (a)Adopt a nonadversarial approach.
 4054         (b)Establish an advisory committee to recommend solutions
 4055  and sanctions in each case.
 4056         (c)Provide for judicial leadership and interaction.
 4057         (d)In each particular case, consider the needs of the
 4058  victim, consider individualized treatment services for the
 4059  defendant, and monitor the defendant’s compliance.
 4060         (2)The chief judge of the judicial circuit, by
 4061  administrative order, shall specify each misdemeanor offense
 4062  eligible for the community court program. In making such
 4063  determination, the chief judge shall consider the particular
 4064  needs and concerns of the communities within the judicial
 4065  circuit.
 4066         (3)A defendant’s entry into any community court program
 4067  must be voluntary.
 4068         (4)The chief judge shall appoint a community court
 4069  resource coordinator, who shall:
 4070         (a)Coordinate the responsibilities of the participating
 4071  agencies and service providers.
 4072         (b)Provide case management services.
 4073         (c)Monitor compliance by defendants with court
 4074  requirements.
 4075         (d)Manage the collection of data for program evaluation
 4076  and accountability.
 4077         (5)The chief judge of the judicial circuit shall appoint
 4078  members to an advisory committee for each community court. The
 4079  members of the advisory committee must include, at a minimum:
 4080         (a)The chief judge or a community court judge designated
 4081  by the chief judge, who shall serve as chair.
 4082         (b)The state attorney or his or her designee.
 4083         (c)The public defender or his or her designee.
 4084         (d)The community court resource coordinator.
 4085  
 4086  The committee may also include community stakeholders, treatment
 4087  representatives, and other persons the chair deems appropriate.
 4088         (6)The advisory committee shall review each defendant’s
 4089  case. Each committee member may make recommendations to the
 4090  judge, including appropriate sanctions and treatment solutions
 4091  for the defendant. The judge shall consider such recommendations
 4092  and make the final decision concerning sanctions and treatment
 4093  with respect to each defendant.
 4094         (7)Each judicial circuit shall report client-level and
 4095  programmatic data to the Office of the State Courts
 4096  Administrator annually for program evaluation. Client-level data
 4097  include primary offenses resulting in the community court
 4098  referral or sentence, treatment compliance, completion status,
 4099  reasons for failing to complete the program, offenses committed
 4100  during treatment and sanctions imposed, frequency of court
 4101  appearances, and units of service. Programmatic data include
 4102  referral and screening procedures, eligibility criteria, type
 4103  and duration of treatment offered, and residential treatment
 4104  resources.
 4105         (8)The Department of Corrections, the Department of
 4106  Juvenile Justice, the Department of Health, the Department of
 4107  Law Enforcement, the Department of Education, law enforcement
 4108  agencies, and other governmental entities involved in the
 4109  criminal justice system shall support such community court
 4110  programs.
 4111         (9)Community court program funding must be secured from
 4112  sources other than the state for costs not assumed by the state
 4113  under s. 29.004. However, this subsection does not preclude the
 4114  use of funds provided for treatment and other services through
 4115  state executive branch agencies.
 4116         Section 66. Section 951.22, Florida Statutes, is amended to
 4117  read:
 4118         951.22 County detention facilities; contraband articles.—
 4119         (1) It is unlawful, except through regular channels as duly
 4120  authorized by the sheriff or officer in charge, to introduce
 4121  into or possess upon the grounds of any county detention
 4122  facility as defined in s. 951.23 or to give to or receive from
 4123  any inmate of any such facility wherever said inmate is located
 4124  at the time or to take or to attempt to take or send therefrom
 4125  any of the following articles, which are hereby declared to be
 4126  contraband:
 4127         (a)for the purposes of this act, to wit: Any written or
 4128  recorded communication. This paragraph does not apply to any
 4129  document or correspondence exchanged between a lawyer,
 4130  paralegal, or other legal staff and an inmate at a detention
 4131  facility if the document or correspondence is otherwise lawfully
 4132  possessed and disseminated and relates to the legal
 4133  representation of the inmate.;
 4134         (b) Any currency or coin.;
 4135         (c) Any article of food or clothing.;
 4136         (d) Any tobacco products as defined in s. 210.25(12).;
 4137         (e) Any cigarette as defined in s. 210.01(1).;
 4138         (f) Any cigar.;
 4139         (g) Any intoxicating beverage or beverage that which causes
 4140  or may cause an intoxicating effect.;
 4141         (h) Any narcotic, hypnotic, or excitative drug or drug of
 4142  any kind or nature, including nasal inhalators, sleeping pills,
 4143  barbiturates, and controlled substances as defined in s.
 4144  893.02(4).;
 4145         (i) Any firearm or any instrumentality customarily used or
 4146  which is intended to be used as a dangerous weapon.; and
 4147         (j) Any instrumentality of any nature which that may be or
 4148  is intended to be used as an aid in effecting or attempting to
 4149  effect an escape from a county facility.
 4150         (k)Any cellular telephone or other portable communication
 4151  device as described in s. 944.47(1)(a)6. The term does not
 4152  include any device that has communication capabilities which has
 4153  been approved or issued by the sheriff or officer in charge for
 4154  investigative or institutional security purposes or for
 4155  conducting other official business.
 4156         (2) A person who Whoever violates paragraph (1)(a),
 4157  paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph
 4158  (1)(e), paragraph (1)(f), or paragraph (1)(g) commits a
 4159  misdemeanor of the first degree, punishable as provided in s.
 4160  775.082 or s. 775.083. A person who violates paragraph (1)(h),
 4161  paragraph (1)(i), paragraph (1)(j), or paragraph (1)(k) commits
 4162  subsection (1) shall be guilty of a felony of the third degree,
 4163  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 4164         Section 67. Subsection (1) of section 958.04, Florida
 4165  Statutes, is amended to read:
 4166         958.04 Judicial disposition of youthful offenders.—
 4167         (1) The court may sentence as a youthful offender any
 4168  person:
 4169         (a) Who is at least 18 years of age or who has been
 4170  transferred for prosecution to the criminal division of the
 4171  circuit court pursuant to chapter 985;
 4172         (b) Who is found guilty of or who has tendered, and the
 4173  court has accepted, a plea of nolo contendere or guilty to a
 4174  crime that is, under the laws of this state, a felony if such
 4175  crime was committed before the defendant turned 21 years of age
 4176  the offender is younger than 21 years of age at the time
 4177  sentence is imposed; and
 4178         (c) Who has not previously been classified as a youthful
 4179  offender under the provisions of this act; however, a person who
 4180  has been found guilty of a capital or life felony may not be
 4181  sentenced as a youthful offender under this act.
 4182         Section 68. Section 960.07, Florida Statutes, is amended to
 4183  read:
 4184         960.07 Filing of claims for compensation.—
 4185         (1) A claim for compensation may be filed by a person
 4186  eligible for compensation as provided in s. 960.065 or, if such
 4187  person is a minor, by his or her parent or guardian or, if the
 4188  person entitled to make a claim is mentally incompetent, by the
 4189  person’s guardian or such other individual authorized to
 4190  administer his or her estate.
 4191         (2) Except as provided in subsections subsection (3) and
 4192  (4), a claim must be filed in accordance with this subsection.
 4193  not later than 1 year after:
 4194         (a)1. A claim arising from a crime occurring before October
 4195  1, 2019, must be filed within 1 year after:
 4196         a. The occurrence of the crime upon which the claim is
 4197  based.
 4198         b.(b) The death of the victim or intervenor.
 4199         c.(c) The death of the victim or intervenor is determined
 4200  to be the result of a crime, and the crime occurred after June
 4201  30, 1994.
 4202         2.However, For good cause the department may extend the
 4203  time for filing a claim under subparagraph 1. for a period not
 4204  exceeding 2 years after such occurrence.
 4205         (b)1. A claim arising from a crime occurring on or after
 4206  October 1, 2019, must be filed within 3 years after the later
 4207  of:
 4208         a. The occurrence of the crime upon which the claim is
 4209  based;
 4210         b. The death of the victim or intervenor; or
 4211         c. The death of the victim or intervenor is determined to
 4212  be the result of the crime.
 4213         2. For good cause the department may extend the time for
 4214  filing a claim under subparagraph 1. for a period not to exceed
 4215  5 years after such occurrence.
 4216         (3) Notwithstanding the provisions of subsection (2) and
 4217  regardless of when the crime occurred, if the victim or
 4218  intervenor was under the age of 18 at the time the crime upon
 4219  which the claim is based occurred, a claim may be filed in
 4220  accordance with this subsection.
 4221         (a) The victim’s or intervenor’s parent or guardian may
 4222  file a claim on behalf of the victim or intervenor while the
 4223  victim or intervenor is less than 18 years of age; or
 4224         (b) For a claim arising from a crime that occurred before
 4225  October 1, 2019, when a victim or intervenor who was under the
 4226  age of 18 at the time the crime occurred reaches the age of 18,
 4227  the victim or intervenor has 1 year within which to file a
 4228  claim; or
 4229         (c) For a claim arising from a crime occurring on or after
 4230  October 1, 2019, when a victim or intervenor who was under the
 4231  age of 18 at the time the crime occurred reaches the age of 18,
 4232  the victim or intervenor has 3 years to file a claim.
 4233  
 4234  For good cause, the department may extend the time period
 4235  allowed for filing a claim under paragraph (b) for an additional
 4236  period not to exceed 1 year or under paragraph (c) for an
 4237  additional period not to exceed 2 years.
 4238         (4) The provisions of subsection (2) notwithstanding, and
 4239  regardless of when the crime occurred, a victim of a sexually
 4240  violent offense as defined in s. 394.912, may file a claim for
 4241  compensation for counseling or other mental health services
 4242  within:
 4243         (a) One 1 year after the filing of a petition under s.
 4244  394.914, to involuntarily civilly commit the individual who
 4245  perpetrated the sexually violent offense, if the claim arises
 4246  from a crime committed before October 1, 2019; or
 4247         (b) Three years after the filing of petition under s.
 4248  394.914, to involuntarily civilly commit the individual who
 4249  perpetrated the sexually violent offense, if the claim arises
 4250  from a crime committed on or after October 1, 2019.
 4251         Section 69. Paragraph (b) of subsection (1) of section
 4252  960.13, Florida Statutes, is amended to read:
 4253         960.13 Awards.—
 4254         (1)
 4255         (b) In no case may an award be made when the record shows
 4256  that such report was made more than:
 4257         1. Seventy-two 72 hours after the occurrence of such crime,
 4258  if the crime occurred before October 1, 2019; or
 4259         2. Five days after the occurrence of such crime, if the
 4260  crime occurred on or after October 1, 2019,
 4261  
 4262  unless the department, for good cause shown, finds the delay to
 4263  have been justified. The department, upon finding that any
 4264  claimant or award recipient has not duly cooperated with the
 4265  state attorney, all law enforcement agencies, and the
 4266  department, may deny, reduce, or withdraw any award, as the case
 4267  may be.
 4268         Section 70. Subsection (1) of section 960.195, Florida
 4269  Statutes, is amended to read:
 4270         960.195 Awards to elderly persons or disabled adults for
 4271  property loss.—
 4272         (1) Notwithstanding the criteria in s. 960.13, for crime
 4273  victim compensation awards, the department may award a maximum
 4274  of $500 on any one claim and a lifetime maximum of $1,000 on all
 4275  claims to elderly persons or disabled adults who suffer a
 4276  property loss that causes a substantial diminution in their
 4277  quality of life when:
 4278         (a) There is proof that a criminal or delinquent act was
 4279  committed;
 4280         (b) The criminal or delinquent act is reported to law
 4281  enforcement authorities within:
 4282         1. Seventy-two 72 hours, if such crime or act occurred
 4283  before October 1, 2019; or
 4284         2. Five days, if such crime or act occurred on or after
 4285  October 1, 2019,
 4286  
 4287  unless the department, for good cause shown, finds the delay to
 4288  have been justified;
 4289         (c) There is proof that the tangible personal property in
 4290  question belonged to the claimant;
 4291         (d) The claimant did not contribute to the criminal or
 4292  delinquent act;
 4293         (e) There is no other source of reimbursement or
 4294  indemnification available to the claimant; and
 4295         (f) The claimant would not be able to replace the tangible
 4296  personal property in question without incurring a serious
 4297  financial hardship.
 4298         Section 71. Section 960.196, Florida Statutes, is amended
 4299  to read:
 4300         960.196 Relocation assistance for victims of human
 4301  trafficking.—
 4302         (1) Notwithstanding the criteria specified in ss. 960.07(2)
 4303  and 960.13 for crime victim compensation awards, the department
 4304  may award a one-time payment of up to $1,500 for any one claim
 4305  and a lifetime maximum of $3,000 to a victim of human
 4306  trafficking who needs urgent assistance to escape from an unsafe
 4307  environment directly related to the human trafficking offense.
 4308         (2) In order for an award to be granted to a victim for
 4309  relocation assistance:
 4310         (a) There must be proof that a human trafficking offense,
 4311  as described in s. 787.06(3)(b), (d), (f), or (g), was
 4312  committed.
 4313         (b)1. For a crime occurring before October 1, 2019, the
 4314  crime must be reported to the proper authorities and the claim
 4315  must be filed within 1 year, or 2 years with good cause, after
 4316  the date of the last human trafficking offense, as described in
 4317  s. 787.06(3)(b), (d), (f), or (g).
 4318         2. For a crime occurring on or after October 1, 2019, the
 4319  crime must be reported to the proper authorities and the claim
 4320  must be filed within 3 years, or 5 years with good cause, after
 4321  the date of the last human trafficking offense, as described in
 4322  s. 787.06(3)(b), (d), (f), or (g).
 4323         3. In a case that exceeds the reporting and filing 2-year
 4324  requirement due to an active and ongoing investigation, a state
 4325  attorney, statewide prosecutor, or federal prosecutor may
 4326  certify in writing a human trafficking victim’s need to relocate
 4327  from an unsafe environment due to the threat of future violence
 4328  which is directly related to the human trafficking offense.
 4329         (c) The victim’s need must be certified by a certified
 4330  domestic violence or rape crisis center in this state, except as
 4331  provided in paragraph (b). The center’s certification must
 4332  assert that the victim is cooperating with the proper
 4333  authorities and must include documentation that the victim has
 4334  developed a safety plan.
 4335         (3) Relocation payments for a human trafficking claim shall
 4336  be denied if the department has previously approved or paid out
 4337  a domestic violence or sexual battery relocation claim under s.
 4338  960.198 or s. 960.199 to the same victim regarding the same
 4339  incident.
 4340         Section 72. Subsection (2) of section 960.28, Florida
 4341  Statutes, is amended to read:
 4342         960.28 Payment for victims’ initial forensic physical
 4343  examinations.—
 4344         (2) The Crime Victims’ Services Office of the department
 4345  shall pay for medical expenses connected with an initial
 4346  forensic physical examination of a victim of sexual battery as
 4347  defined in chapter 794 or a lewd or lascivious offense as
 4348  defined in chapter 800. Such payment shall be made regardless of
 4349  whether the victim is covered by health or disability insurance
 4350  and whether the victim participates in the criminal justice
 4351  system or cooperates with law enforcement. The payment shall be
 4352  made only out of moneys allocated to the Crime Victims’ Services
 4353  Office for the purposes of this section, and the payment may not
 4354  exceed $1,000 $500 with respect to any violation. The department
 4355  shall develop and maintain separate protocols for the initial
 4356  forensic physical examination of adults and children. Payment
 4357  under this section is limited to medical expenses connected with
 4358  the initial forensic physical examination, and payment may be
 4359  made to a medical provider using an examiner qualified under
 4360  part I of chapter 464, excluding s. 464.003(14); chapter 458; or
 4361  chapter 459. Payment made to the medical provider by the
 4362  department shall be considered by the provider as payment in
 4363  full for the initial forensic physical examination associated
 4364  with the collection of evidence. The victim may not be required
 4365  to pay, directly or indirectly, the cost of an initial forensic
 4366  physical examination performed in accordance with this section.
 4367         Section 73. Effective upon this act becoming a law,
 4368  paragraphs (c), (d), and (f) of subsection (2) of section
 4369  985.12, Florida Statutes, are amended to read:
 4370         985.12 Civil citation or similar prearrest diversion
 4371  programs.—
 4372         (2) JUDICIAL CIRCUIT CIVIL CITATION OR SIMILAR PREARREST
 4373  DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND OPERATION.—
 4374         (c) The state attorney of each circuit shall operate a
 4375  civil citation or similar prearrest diversion program in each
 4376  circuit. A sheriff, police department, county, municipality,
 4377  locally authorized entity, or public or private educational
 4378  institution may continue to operate an independent civil
 4379  citation or similar prearrest diversion program that is in
 4380  operation as of October 1, 2018, if the independent program is
 4381  reviewed by the state attorney of the applicable circuit and he
 4382  or she determines that the independent program is substantially
 4383  similar to the civil citation or similar prearrest diversion
 4384  program developed by the circuit. If the state attorney
 4385  determines that the independent program is not substantially
 4386  similar to the civil citation or similar prearrest diversion
 4387  program developed by the circuit, the operator of the
 4388  independent diversion program may revise the program and the
 4389  state attorney may conduct an additional review of the
 4390  independent program.
 4391         (d) A judicial circuit may model an existing sheriff’s,
 4392  police department’s, county’s, municipality’s, locally
 4393  authorized entity’s, or public or private educational
 4394  institution’s independent civil citation or similar prearrest
 4395  diversion program in developing the civil citation or similar
 4396  prearrest diversion program for the circuit.
 4397         (f) Each civil citation or similar prearrest diversion
 4398  program shall enter the appropriate youth data into the Juvenile
 4399  Justice Information System Prevention Web within 7 days after
 4400  the admission of the youth into the program A copy of each civil
 4401  citation or similar prearrest diversion program notice issued
 4402  under this section shall be provided to the department, and the
 4403  department shall enter appropriate information into the juvenile
 4404  offender information system.
 4405         Section 74. Effective upon this act becoming a law,
 4406  subsection (2) and paragraph (c) of subsection (3) of section
 4407  985.126, Florida Statutes, are amended to read:
 4408         985.126 Diversion programs; data collection; denial of
 4409  participation or expunged record.—
 4410         (2) Upon issuance of documentation requiring a minor to
 4411  participate in a diversion program, before or without an arrest,
 4412  the issuing law enforcement officer shall send a copy of such
 4413  documentation to the entity designated to operate the diversion
 4414  program and to the department, which shall enter such
 4415  information into the Juvenile Justice Information System
 4416  Prevention Web within 7 days after the youth’s admission into
 4417  the program.
 4418         (3)
 4419         (c) The data required pursuant to paragraph (a) shall be
 4420  entered into the Juvenile Justice Information System Prevention
 4421  Web within 7 days after the youth’s admission into the program
 4422  submitted to the department quarterly.
 4423         Section 75. Effective upon this act becoming a law,
 4424  paragraph (f) of subsection (1) of section 985.145, Florida
 4425  Statutes, is amended to read:
 4426         985.145 Responsibilities of the department during intake;
 4427  screenings and assessments.—
 4428         (1) The department shall serve as the primary case manager
 4429  for the purpose of managing, coordinating, and monitoring the
 4430  services provided to the child. Each program administrator
 4431  within the Department of Children and Families shall cooperate
 4432  with the primary case manager in carrying out the duties and
 4433  responsibilities described in this section. In addition to
 4434  duties specified in other sections and through departmental
 4435  rules, the department shall be responsible for the following:
 4436         (f)Prevention web.—For a child with a first-time
 4437  misdemeanor offense, the department shall enter all related
 4438  information into the Juvenile Justice Information System
 4439  Prevention Web until such time as formal charges are filed. If
 4440  formal charges are not filed, the information shall remain in
 4441  the Juvenile Justice Information System Prevention Web until
 4442  removed pursuant to department policies.
 4443         Section 76. Subsection (2) of section 985.557, Florida
 4444  Statutes, is amended to read:
 4445         985.557 Direct filing of an information; discretionary and
 4446  mandatory criteria.—
 4447         (2)MANDATORY DIRECT FILE.—
 4448         (a)With respect to any child who was 16 or 17 years of age
 4449  at the time the alleged offense was committed, the state
 4450  attorney shall file an information if the child has been
 4451  previously adjudicated delinquent for an act classified as a
 4452  felony, which adjudication was for the commission of, attempt to
 4453  commit, or conspiracy to commit murder, sexual battery, armed or
 4454  strong-armed robbery, carjacking, home-invasion robbery,
 4455  aggravated battery, or aggravated assault, and the child is
 4456  currently charged with a second or subsequent violent crime
 4457  against a person.
 4458         (b)With respect to any child 16 or 17 years of age at the
 4459  time an offense classified as a forcible felony, as defined in
 4460  s. 776.08, was committed, the state attorney shall file an
 4461  information if the child has previously been adjudicated
 4462  delinquent or had adjudication withheld for three acts
 4463  classified as felonies each of which occurred at least 45 days
 4464  apart from each other. This paragraph does not apply when the
 4465  state attorney has good cause to believe that exceptional
 4466  circumstances exist which preclude the just prosecution of the
 4467  juvenile in adult court.
 4468         (c)The state attorney must file an information if a child,
 4469  regardless of the child’s age at the time the alleged offense
 4470  was committed, is alleged to have committed an act that would be
 4471  a violation of law if the child were an adult, that involves
 4472  stealing a motor vehicle, including, but not limited to, a
 4473  violation of s. 812.133, relating to carjacking, or s.
 4474  812.014(2)(c)6., relating to grand theft of a motor vehicle, and
 4475  while the child was in possession of the stolen motor vehicle
 4476  the child caused serious bodily injury to or the death of a
 4477  person who was not involved in the underlying offense. For
 4478  purposes of this section, the driver and all willing passengers
 4479  in the stolen motor vehicle at the time such serious bodily
 4480  injury or death is inflicted shall also be subject to mandatory
 4481  transfer to adult court. “Stolen motor vehicle,” for the
 4482  purposes of this section, means a motor vehicle that has been
 4483  the subject of any criminal wrongful taking. For purposes of
 4484  this section, “willing passengers” means all willing passengers
 4485  who have participated in the underlying offense.
 4486         (d)1.With respect to any child who was 16 or 17 years of
 4487  age at the time the alleged offense was committed, the state
 4488  attorney shall file an information if the child has been charged
 4489  with committing or attempting to commit an offense listed in s.
 4490  775.087(2)(a)1.a.-p., and, during the commission of or attempt
 4491  to commit the offense, the child:
 4492         a.Actually possessed a firearm or destructive device, as
 4493  those terms are defined in s. 790.001.
 4494         b.Discharged a firearm or destructive device, as described
 4495  in s. 775.087(2)(a)2.
 4496         c.Discharged a firearm or destructive device, as described
 4497  in s. 775.087(2)(a)3., and, as a result of the discharge, death
 4498  or great bodily harm was inflicted upon any person.
 4499         2.Upon transfer, any child who is:
 4500         a.Charged under sub-subparagraph 1.a. and who has been
 4501  previously adjudicated or had adjudication withheld for a
 4502  forcible felony offense or any offense involving a firearm, or
 4503  who has been previously placed in a residential commitment
 4504  program, shall be subject to sentencing under s. 775.087(2)(a),
 4505  notwithstanding s. 985.565.
 4506         b.Charged under sub-subparagraph 1.b. or sub-subparagraph
 4507  1.c., shall be subject to sentencing under s. 775.087(2)(a),
 4508  notwithstanding s. 985.565.
 4509         3.Upon transfer, any child who is charged under this
 4510  paragraph, but who does not meet the requirements specified in
 4511  subparagraph 2., shall be sentenced under s. 985.565; however,
 4512  if the court imposes a juvenile sanction, the court must commit
 4513  the child to a high-risk or maximum-risk juvenile facility.
 4514         4.This paragraph shall not apply if the state attorney has
 4515  good cause to believe that exceptional circumstances exist that
 4516  preclude the just prosecution of the child in adult court.
 4517         5.The Department of Corrections shall make every
 4518  reasonable effort to ensure that any child 16 or 17 years of age
 4519  who is convicted and sentenced under this paragraph be
 4520  completely separated such that there is no physical contact with
 4521  adult offenders in the facility, to the extent that it is
 4522  consistent with chapter 958.
 4523         Section 77. Subsection (3) of section 776.09, Florida
 4524  Statutes, is amended to read:
 4525         776.09 Retention of records pertaining to persons found to
 4526  be acting in lawful self-defense; expunction of criminal history
 4527  records.—
 4528         (3) Under either condition described in subsection (1) or
 4529  subsection (2), the person accused may apply for a certificate
 4530  of eligibility to expunge the associated criminal history
 4531  record, pursuant to s. 943.0578 s. 943.0585(5), notwithstanding
 4532  the eligibility requirements prescribed in s. 943.0585(1) s.
 4533  943.0585(1)(b) or (2).
 4534         Section 78. Paragraph (c) of subsection (3) of section
 4535  943.053, Florida Statutes, is amended to read:
 4536         943.053 Dissemination of criminal justice information;
 4537  fees.—
 4538         (3)
 4539         (c)1. Criminal history information relating to juveniles,
 4540  including criminal history information consisting in whole or in
 4541  part of information that is confidential and exempt under
 4542  paragraph (b), shall be available to:
 4543         a. A criminal justice agency for criminal justice purposes
 4544  on a priority basis and free of charge;
 4545         b. The person to whom the record relates, or his or her
 4546  attorney;
 4547         c. The parent, guardian, or legal custodian of the person
 4548  to whom the record relates, provided such person has not reached
 4549  the age of majority, been emancipated by a court, or been
 4550  legally married; or
 4551         d. An agency or entity specified in s. 943.0585(6) s.
 4552  943.0585(4) or s. 943.059(6) s. 943.059(4), for the purposes
 4553  specified therein, and to any person within such agency or
 4554  entity who has direct responsibility for employment, access
 4555  authorization, or licensure decisions.
 4556         2. After providing the program with all known personal
 4557  identifying information, the criminal history information
 4558  relating to a juvenile which is not confidential and exempt
 4559  under this subsection may be released to the private sector and
 4560  noncriminal justice agencies not specified in s. 943.0585(6) s.
 4561  943.0585(4) or s. 943.059(6) s. 943.059(4) in the same manner as
 4562  provided in paragraph (a). Criminal history information relating
 4563  to a juvenile which is not confidential and exempt under this
 4564  subsection is the entire criminal history information relating
 4565  to a juvenile who satisfies any of the criteria listed in sub
 4566  subparagraphs (b)1.a.-d., except for any portion of such
 4567  juvenile’s criminal history record which has been expunged or
 4568  sealed under any law applicable to such record.
 4569         3. All criminal history information relating to juveniles,
 4570  other than that provided to criminal justice agencies for
 4571  criminal justice purposes, shall be provided upon tender of fees
 4572  as established in this subsection and in the manner prescribed
 4573  by rule of the Department of Law Enforcement.
 4574         Section 79. Paragraph (b) of subsection (2) of section
 4575  943.0582, Florida Statutes, is amended to read:
 4576         943.0582 Diversion program expunction.—
 4577         (2) As used in this section, the term:
 4578         (b) “Expunction” has the same meaning ascribed in and
 4579  effect as s. 943.0585, except that:
 4580         1. Section 943.0585(6)(b) does The provisions of s.
 4581  943.0585(4)(a) do not apply, except that the criminal history
 4582  record of a person whose record is expunged pursuant to this
 4583  section shall be made available only to criminal justice
 4584  agencies for the purpose of:
 4585         a. Determining eligibility for diversion programs;
 4586         b. A criminal investigation; or
 4587         c. Making a prosecutorial decision under s. 985.15.
 4588         2. Records maintained by local criminal justice agencies in
 4589  the county in which the arrest occurred that are eligible for
 4590  expunction pursuant to this section shall be sealed as the term
 4591  is used in s. 943.059.
 4592         Section 80. Paragraphs (a) and (b) of subsection (4) of
 4593  section 985.565, Florida Statutes, are amended to read:
 4594         985.565 Sentencing powers; procedures; alternatives for
 4595  juveniles prosecuted as adults.—
 4596         (4) SENTENCING ALTERNATIVES.—
 4597         (a) Adult sanctions.—
 4598         1. Cases prosecuted on indictment.—If the child is found to
 4599  have committed the offense punishable by death or life
 4600  imprisonment, the child shall be sentenced as an adult. If the
 4601  juvenile is not found to have committed the indictable offense
 4602  but is found to have committed a lesser included offense or any
 4603  other offense for which he or she was indicted as a part of the
 4604  criminal episode, the court may sentence as follows:
 4605         a. As an adult;
 4606         b. Under chapter 958; or
 4607         c. As a juvenile under this section.
 4608         2. Other cases.—If a child who has been transferred for
 4609  criminal prosecution pursuant to information or waiver of
 4610  juvenile court jurisdiction is found to have committed a
 4611  violation of state law or a lesser included offense for which he
 4612  or she was charged as a part of the criminal episode, the court
 4613  may sentence as follows:
 4614         a. As an adult;
 4615         b. Under chapter 958; or
 4616         c. As a juvenile under this section.
 4617         3. Notwithstanding any other provision to the contrary, if
 4618  the state attorney is required to file a motion to transfer and
 4619  certify the juvenile for prosecution as an adult under s.
 4620  985.556(3) and that motion is granted, or if the state attorney
 4621  is required to file an information under s. 985.557(2)(a) or
 4622  (b), the court must impose adult sanctions.
 4623         4. Any sentence imposing adult sanctions is presumed
 4624  appropriate, and the court is not required to set forth specific
 4625  findings or enumerate the criteria in this subsection as any
 4626  basis for its decision to impose adult sanctions.
 4627         5. When a child has been transferred for criminal
 4628  prosecution as an adult and has been found to have committed a
 4629  violation of state law, the disposition of the case may include
 4630  the enforcement of any restitution ordered in any juvenile
 4631  proceeding.
 4632         (b) Juvenile sanctions.—For juveniles transferred to adult
 4633  court but who do not qualify for such transfer under s.
 4634  985.556(3) or s. 985.557(2)(a) or (b), the court may impose
 4635  juvenile sanctions under this paragraph. If juvenile sentences
 4636  are imposed, the court shall, under this paragraph, adjudge the
 4637  child to have committed a delinquent act. Adjudication of
 4638  delinquency may shall not be deemed a conviction, nor shall it
 4639  operate to impose any of the civil disabilities ordinarily
 4640  resulting from a conviction. The court shall impose an adult
 4641  sanction or a juvenile sanction and may not sentence the child
 4642  to a combination of adult and juvenile punishments. An adult
 4643  sanction or a juvenile sanction may include enforcement of an
 4644  order of restitution or probation previously ordered in any
 4645  juvenile proceeding. However, if the court imposes a juvenile
 4646  sanction and the department determines that the sanction is
 4647  unsuitable for the child, the department shall return custody of
 4648  the child to the sentencing court for further proceedings,
 4649  including the imposition of adult sanctions. Upon adjudicating a
 4650  child delinquent under subsection (1), the court may:
 4651         1. Place the child in a probation program under the
 4652  supervision of the department for an indeterminate period of
 4653  time until the child reaches the age of 19 years or sooner if
 4654  discharged by order of the court.
 4655         2. Commit the child to the department for treatment in an
 4656  appropriate program for children for an indeterminate period of
 4657  time until the child is 21 or sooner if discharged by the
 4658  department. The department shall notify the court of its intent
 4659  to discharge no later than 14 days before prior to discharge.
 4660  Failure of the court to timely respond to the department’s
 4661  notice shall be considered approval for discharge.
 4662         3. Order disposition under ss. 985.435, 985.437, 985.439,
 4663  985.441, 985.45, and 985.455 as an alternative to youthful
 4664  offender or adult sentencing if the court determines not to
 4665  impose youthful offender or adult sanctions.
 4666  
 4667  It is the intent of the Legislature that the criteria and
 4668  guidelines in this subsection are mandatory and that a
 4669  determination of disposition under this subsection is subject to
 4670  the right of the child to appellate review under s. 985.534.
 4671         Section 81. Subsection (3) of section 921.0022, Florida
 4672  Statutes, is amended to read:
 4673         921.0022 Criminal Punishment Code; offense severity ranking
 4674  chart.—
 4675         (3) OFFENSE SEVERITY RANKING CHART
 4676         (a) LEVEL 1
 4677  
 4678  FloridaStatute          FelonyDegree          Description          
 4679  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
 4680  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
 4681  212.15(2)(b)                3rd     Failure to remit sales taxes, amount $1,000 or more greater than $300 but less than $20,000.
 4682  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
 4683  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
 4684  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
 4685  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
 4686  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
 4687  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
 4688  322.212(5)(a)               3rd     False application for driver license or identification card.
 4689  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 4690  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
 4691  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value $1,000 or more greater than $300.
 4692  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
 4693  562.27(1)                   3rd     Possess still or still apparatus.
 4694  713.69                      3rd     Tenant removes property upon which lien has accrued, value $1,000 or more than $50.
 4695  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 4696  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
 4697  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
 4698  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
 4699  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
 4700  826.01                      3rd     Bigamy.                        
 4701  828.122(3)                  3rd     Fighting or baiting animals.   
 4702  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 4703  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 4704  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
 4705  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
 4706  838.15(2)                   3rd     Commercial bribe receiving.    
 4707  838.16                      3rd     Commercial bribery.            
 4708  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
 4709  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 4710  849.01                      3rd     Keeping gambling house.        
 4711  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
 4712  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
 4713  849.25(2)                   3rd     Engaging in bookmaking.        
 4714  860.08                      3rd     Interfere with a railroad signal.
 4715  860.13(1)(a)                3rd     Operate aircraft while under the influence.
 4716  893.13(2)(a)2.              3rd     Purchase of cannabis.          
 4717  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
 4718  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
 4719  
 4720         (b) LEVEL 2
 4721  
 4722  FloridaStatute             FelonyDegree        Description        
 4723  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 4724  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 4725  403.413(6)(c)                  3rd     Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
 4726  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
 4727  590.28(1)                      3rd     Intentional burning of lands.
 4728  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 4729  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
 4730  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
 4731  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 4732  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
 4733  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $750 $300 or more but less than $5,000.
 4734  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $750 $300, taken from unenclosed curtilage of dwelling.
 4735  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 4736  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
 4737  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 4738  817.52(3)                      3rd     Failure to redeliver hired vehicle.
 4739  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
 4740  817.60(5)                      3rd     Dealing in credit cards of another.
 4741  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
 4742  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
 4743  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
 4744  831.01                         3rd     Forgery.                   
 4745  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
 4746  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
 4747  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
 4748  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
 4749  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
 4750  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
 4751  843.08                         3rd     False personation.         
 4752  893.13(2)(a)2.                 3rd     Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
 4753  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
 4754  
 4755         (c) LEVEL 3
 4756  
 4757  FloridaStatute           FelonyDegree         Description          
 4758  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
 4759  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
 4760  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
 4761  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 4762  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
 4763  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
 4764  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
 4765  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 4766  327.35(2)(b)                 3rd     Felony BUI.                   
 4767  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 4768  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 4769  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 4770  379.2431 (1)(e)5.            3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
 4771  379.2431 (1)(e)6.            3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
 4772  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 4773  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
 4774  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
 4775  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
 4776  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
 4777  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
 4778  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
 4779  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
 4780  697.08                       3rd     Equity skimming.              
 4781  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
 4782  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 4783  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
 4784  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 4785  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
 4786  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
 4787  812.015(8)(b)                3rd     Retail theft with intent to sell; conspires with others.
 4788  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
 4789  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 4790  817.233                      3rd     Burning to defraud insurer.   
 4791  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
 4792  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
 4793  817.236                      3rd     Filing a false motor vehicle insurance application.
 4794  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 4795  817.413(2)                   3rd     Sale of used goods of $1,000 or more as new.
 4796  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
 4797  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
 4798  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
 4799  843.19                       3rd     Injure, disable, or kill police dog or horse.
 4800  860.15(3)                    3rd     Overcharging for repairs and parts.
 4801  870.01(2)                    3rd     Riot; inciting or encouraging.
 4802  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
 4803  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
 4804  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
 4805  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
 4806  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
 4807  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 4808  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 4809  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
 4810  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
 4811  893.13(8)(a)1.               3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
 4812  893.13(8)(a)2.               3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
 4813  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
 4814  893.13(8)(a)4.               3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
 4815  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
 4816  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
 4817  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
 4818  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
 4819  
 4820         (d) LEVEL 4
 4821  
 4822  FloridaStatute             FelonyDegree        Description        
 4823  316.1935(3)(a)                 2nd     Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 4824  499.0051(1)                    3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
 4825  499.0051(5)                    2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 4826  517.07(1)                      3rd     Failure to register securities.
 4827  517.12(1)                      3rd     Failure of dealer, associated person, or issuer of securities to register.
 4828  784.07(2)(b)                   3rd     Battery of law enforcement officer, firefighter, etc.
 4829  784.074(1)(c)                  3rd     Battery of sexually violent predators facility staff.
 4830  784.075                        3rd     Battery on detention or commitment facility staff.
 4831  784.078                        3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 4832  784.08(2)(c)                   3rd     Battery on a person 65 years of age or older.
 4833  784.081(3)                     3rd     Battery on specified official or employee.
 4834  784.082(3)                     3rd     Battery by detained person on visitor or other detainee.
 4835  784.083(3)                     3rd     Battery on code inspector. 
 4836  784.085                        3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 4837  787.03(1)                      3rd     Interference with custody; wrongly takes minor from appointed guardian.
 4838  787.04(2)                      3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 4839  787.04(3)                      3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 4840  787.07                         3rd     Human smuggling.           
 4841  790.115(1)                     3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
 4842  790.115(2)(b)                  3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
 4843  790.115(2)(c)                  3rd     Possessing firearm on school property.
 4844  800.04(7)(c)                   3rd     Lewd or lascivious exhibition; offender less than 18 years.
 4845  810.02(4)(a)                   3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 4846  810.02(4)(b)                   3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 4847  810.06                         3rd     Burglary; possession of tools.
 4848  810.08(2)(c)                   3rd     Trespass on property, armed with firearm or dangerous weapon.
 4849  812.014(2)(c)3.                3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
 4850  812.014 (2)(c)4.-10.           3rd     Grand theft, 3rd degree; specified items, a will, firearm, motor vehicle, livestock, etc.
 4851  812.0195(2)                    3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
 4852  817.505(4)(a)                  3rd     Patient brokering.         
 4853  817.563(1)                     3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 4854  817.568(2)(a)                  3rd     Fraudulent use of personal identification information.
 4855  817.625(2)(a)                  3rd     Fraudulent use of scanning device, skimming device, or reencoder.
 4856  817.625(2)(c)                  3rd     Possess, sell, or deliver skimming device.
 4857  828.125(1)                     2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 4858  837.02(1)                      3rd     Perjury in official proceedings.
 4859  837.021(1)                     3rd     Make contradictory statements in official proceedings.
 4860  838.022                        3rd     Official misconduct.       
 4861  839.13(2)(a)                   3rd     Falsifying records of an individual in the care and custody of a state agency.
 4862  839.13(2)(c)                   3rd     Falsifying records of the Department of Children and Families.
 4863  843.021                        3rd     Possession of a concealed handcuff key by a person in custody.
 4864  843.025                        3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 4865  843.15(1)(a)                   3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
 4866  847.0135(5)(c)                 3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
 4867  874.05(1)(a)                   3rd     Encouraging or recruiting another to join a criminal gang.
 4868  893.13(2)(a)1.                 2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
 4869  914.14(2)                      3rd     Witnesses accepting bribes.
 4870  914.22(1)                      3rd     Force, threaten, etc., witness, victim, or informant.
 4871  914.23(2)                      3rd     Retaliation against a witness, victim, or informant, no bodily injury.
 4872  918.12                         3rd     Tampering with jurors.     
 4873  934.215                        3rd     Use of two-way communications device to facilitate commission of a crime.
 4874  944.47(1)(a)6.                 3rd     Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
 4875  951.22(1)(h),(j), & (k)        3rd     Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
 4876  
 4877         (e) LEVEL 5
 4878  
 4879  FloridaStatute             FelonyDegree        Description        
 4880  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 4881  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
 4882  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
 4883  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 4884  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
 4885  379.365(2)(c)1.                3rd     Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
 4886  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 4887  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
 4888  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
 4889  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
 4890  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
 4891  440.381(2)                     2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 4892  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 4893  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
 4894  790.01(2)                      3rd     Carrying a concealed firearm.
 4895  790.162                        2nd     Threat to throw or discharge destructive device.
 4896  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
 4897  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
 4898  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
 4899  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
 4900  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
 4901  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
 4902  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 4903  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 4904  812.015(8)(a), (c),(d), & (e)    3rd     Retail theft; property stolen is valued at $750 $300 or more and one or more specified acts.
 4905  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
 4906  812.131(2)(b)                  3rd     Robbery by sudden snatching.
 4907  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
 4908  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
 4909  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
 4910  817.2341(1), (2)(a) & (3)(a)    3rd     Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
 4911  817.568(2)(b)                  2nd     Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
 4912  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
 4913  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
 4914  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 4915  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 4916  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 4917  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 4918  839.13(2)(b)                   2nd     Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
 4919  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
 4920  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
 4921  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
 4922  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
 4923  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 4924  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
 4925  893.13(1)(a)1.                 2nd     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
 4926  893.13(1)(c)2.                 2nd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 4927  893.13(1)(d)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
 4928  893.13(1)(e)2.                 2nd     Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
 4929  893.13(1)(f)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
 4930  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
 4931  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 4932  
 4933         (f) LEVEL 6
 4934  
 4935  FloridaStatute              FelonyDegree        Description        
 4936  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
 4937  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
 4938  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
 4939  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
 4940  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
 4941  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
 4942  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
 4943  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
 4944  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
 4945  784.041                          3rd     Felony battery; domestic battery by strangulation.
 4946  784.048(3)                       3rd     Aggravated stalking; credible threat.
 4947  784.048(5)                       3rd     Aggravated stalking of person under 16.
 4948  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
 4949  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
 4950  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
 4951  784.081(2)                       2nd     Aggravated assault on specified official or employee.
 4952  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
 4953  784.083(2)                       2nd     Aggravated assault on code inspector.
 4954  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
 4955  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
 4956  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 4957  790.164(1)                       2nd     False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
 4958  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 4959  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
 4960  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
 4961  800.04(5)(d)                     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
 4962  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
 4963  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
 4964  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
 4965  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
 4966  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 4967  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
 4968  812.015(9)(a)                    2nd     Retail theft; property stolen $750 $300 or more; second or subsequent conviction.
 4969  812.015(9)(b)                    2nd     Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
 4970  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
 4971  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
 4972  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
 4973  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
 4974  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
 4975  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
 4976  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 4977  827.03(2)(c)                     3rd     Abuse of a child.         
 4978  827.03(2)(d)                     3rd     Neglect of a child.       
 4979  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
 4980  836.05                           2nd     Threats; extortion.       
 4981  836.10                           2nd     Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
 4982  843.12                           3rd     Aids or assists person to escape.
 4983  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 4984  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
 4985  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 4986  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
 4987  944.35(3)(a)2.                   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
 4988  944.40                           2nd     Escapes.                  
 4989  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
 4990  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 4991  951.22(1)(i)951.22(1)            3rd     Intoxicating drug, Firearm, or weapon introduced into county detention facility.
 4992  
 4993         (g) LEVEL 7
 4994  
 4995  FloridaStatute           FelonyDegree         Description         
 4996  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
 4997  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 4998  316.1935(3)(b)                1st     Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 4999  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 5000  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 5001  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 5002  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 5003  456.065(2)                    3rd     Practicing a health care profession without a license.
 5004  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 5005  458.327(1)                    3rd     Practicing medicine without a license.
 5006  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 5007  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 5008  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 5009  462.17                        3rd     Practicing naturopathy without a license.
 5010  463.015(1)                    3rd     Practicing optometry without a license.
 5011  464.016(1)                    3rd     Practicing nursing without a license.
 5012  465.015(2)                    3rd     Practicing pharmacy without a license.
 5013  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 5014  467.201                       3rd     Practicing midwifery without a license.
 5015  468.366                       3rd     Delivering respiratory care services without a license.
 5016  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 5017  483.901(7)                    3rd     Practicing medical physics without a license.
 5018  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 5019  484.053                       3rd     Dispensing hearing aids without a license.
 5020  494.0018(2)                   1st     Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 5021  560.123(8)(b)1.               3rd     Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 5022  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 5023  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 5024  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 5025  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 5026  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 5027  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 5028  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 5029  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 5030  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 5031  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 5032  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 5033  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 5034  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 5035  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 5036  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 5037  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 5038  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 5039  784.081(1)                    1st     Aggravated battery on specified official or employee.
 5040  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 5041  784.083(1)                    1st     Aggravated battery on code inspector.
 5042  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
 5043  787.06(3)(e)2.                1st     Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
 5044  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 5045  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 5046  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 5047  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 5048  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 5049  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 5050  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 5051  794.08(4)                     3rd     Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 5052  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
 5053  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
 5054  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 5055  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
 5056  800.04(5)(e)                  1st     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
 5057  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 5058  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 5059  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 5060  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 5061  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 5062  812.014(2)(a)1.               1st     Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 5063  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 5064  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 5065  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 5066  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 5067  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 5068  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 5069  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 5070  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 5071  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 5072  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 5073  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 5074  817.2341 (2)(b) & (3)(b)      1st     Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 5075  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 5076  817.611(2)(b)                 2nd     Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
 5077  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 5078  825.103(3)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
 5079  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 5080  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 5081  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 5082  838.015                       2nd     Bribery.                    
 5083  838.016                       2nd     Unlawful compensation or reward for official behavior.
 5084  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 5085  838.22                        2nd     Bid tampering.              
 5086  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 5087  843.0855(3)                   3rd     Unlawful simulation of legal process.
 5088  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 5089  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 5090  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 5091  872.06                        2nd     Abuse of a dead human body. 
 5092  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 5093  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 5094  893.13(1)(c)1.                1st     Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 5095  893.13(1)(e)1.                1st     Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site.
 5096  893.13(4)(a)                  1st     Use or hire of minor; deliver to minor other controlled substance.
 5097  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 5098  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 5099  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 5100  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 28 14 grams or more, less than 50 28 grams.
 5101  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 50 28 grams or more, less than 100 50 grams.
 5102  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 5103  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 5104  893.135 (1)(c)4.b.(I)         1st     Trafficking in fentanyl, 4 grams or more, less than 14 grams.
 5105  893.135 (1)(d)1.a.            1st     Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
 5106  893.135(1)(e)1.               1st     Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
 5107  893.135(1)(f)1.               1st     Trafficking in amphetamine, 14 grams or more, less than 28 grams.
 5108  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 5109  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 5110  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 5111  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 5112  893.135 (1)(m)2.a.            1st     Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
 5113  893.135 (1)(m)2.b.            1st     Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
 5114  893.135 (1)(n)2.a.            1st     Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
 5115  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 5116  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 5117  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 5118  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 5119  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 5120  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 5121  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 5122  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 5123  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 5124  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 5125  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 5126  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 5127  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 5128  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 5129  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 5130  
 5131         (h) LEVEL 8
 5132  
 5133  FloridaStatute            FelonyDegree         Description         
 5134  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
 5135  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
 5136  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
 5137  499.0051(6)                    1st     Knowing trafficking in contraband prescription drugs.
 5138  499.0051(7)                    1st     Knowing forgery of prescription labels or prescription drug labels.
 5139  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.
 5140  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.
 5141  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
 5142  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
 5143  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.
 5144  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
 5145  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
 5146  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
 5147  787.06(3)(a)1.                 1st     Human trafficking for labor and services of a child.
 5148  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity of an adult.
 5149  787.06(3)(c)2.                 1st     Human trafficking using coercion for labor and services of an unauthorized alien adult.
 5150  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.
 5151  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.
 5152  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
 5153  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.
 5154  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.
 5155  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.
 5156  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.
 5157  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
 5158  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
 5159  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
 5160  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
 5161  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
 5162  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
 5163  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
 5164  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
 5165  812.13(2)(b)                   1st     Robbery with a weapon.      
 5166  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
 5167  817.505(4)(c)                  1st     Patient brokering; 20 or more patients.
 5168  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
 5169  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
 5170  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
 5171  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.
 5172  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
 5173  817.611(2)(c)                  1st     Traffic in or possess 50 or more counterfeit credit cards or related documents.
 5174  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
 5175  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
 5176  825.103(3)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
 5177  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
 5178  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
 5179  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
 5180  860.16                         1st     Aircraft piracy.            
 5181  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).
 5182  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 5183  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 5184  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
 5185  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
 5186  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
 5187  893.135 (1)(c)2.c.             1st     Trafficking in hydrocodone, 100 50 grams or more, less than 300 200 grams.
 5188  893.135 (1)(c)3.c.             1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
 5189  893.135 (1)(c)4.b.(II)         1st     Trafficking in fentanyl, 14 grams or more, less than 28 grams.
 5190  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
 5191  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
 5192  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, 28 grams or more, less than 200 grams.
 5193  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
 5194  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
 5195  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
 5196  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
 5197  893.135 (1)(m)2.c.             1st     Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
 5198  893.135 (1)(n)2.b.             1st     Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
 5199  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
 5200  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
 5201  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
 5202  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
 5203  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
 5204  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.
 5205  
 5206         (i) LEVEL 9
 5207  
 5208  FloridaStatute            FelonyDegree         Description         
 5209  316.193 (3)(c)3.b.             1st     DUI manslaughter; failing to render aid or give information.
 5210  327.35 (3)(c)3.b.              1st     BUI manslaughter; failing to render aid or give information.
 5211  409.920 (2)(b)1.c.             1st     Medicaid provider fraud; $50,000 or more.
 5212  499.0051(8)                    1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 5213  560.123(8)(b)3.                1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 5214  560.125(5)(c)                  1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 5215  655.50(10)(b)3.                1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 5216  775.0844                       1st     Aggravated white collar crime.
 5217  782.04(1)                      1st     Attempt, conspire, or solicit to commit premeditated murder.
 5218  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.
 5219  782.051(1)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 5220  782.07(2)                      1st     Aggravated manslaughter of an elderly person or disabled adult.
 5221  787.01(1)(a)1.               1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
 5222  787.01(1)(a)2.               1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
 5223  787.01(1)(a)4.               1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
 5224  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.
 5225  787.06(3)(c)1.                 1st     Human trafficking for labor and services of an unauthorized alien child.
 5226  787.06(3)(d)                   1st     Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
 5227  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.
 5228  790.161                        1st     Attempted capital destructive device offense.
 5229  790.166(2)                   1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
 5230  794.011(2)                     1st     Attempted sexual battery; victim less than 12 years of age.
 5231  794.011(2)                    Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 5232  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.
 5233  794.011(4)(b)                  1st     Sexual battery, certain circumstances; victim and offender 18 years of age or older.
 5234  794.011(4)(c)                  1st     Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
 5235  794.011(4)(d)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
 5236  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.
 5237  794.08(2)                      1st     Female genital mutilation; victim younger than 18 years of age.
 5238  800.04(5)(b)                  Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 5239  812.13(2)(a)                 1st,PBL   Robbery with firearm or other deadly weapon.
 5240  812.133(2)(a)                1st,PBL   Carjacking; firearm or other deadly weapon.
 5241  812.135(2)(b)                  1st     Home-invasion robbery with weapon.
 5242  817.535(3)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
 5243  817.535(4)(a)2.                1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
 5244  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.
 5245  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.
 5246  827.03(2)(a)                   1st     Aggravated child abuse.     
 5247  847.0145(1)                    1st     Selling, or otherwise transferring custody or control, of a minor.
 5248  847.0145(2)                    1st     Purchasing, or otherwise obtaining custody or control, of a minor.
 5249  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.
 5250  893.135                        1st     Attempted capital trafficking offense.
 5251  893.135(1)(a)3.                1st     Trafficking in cannabis, more than 10,000 lbs.
 5252  893.135 (1)(b)1.c.             1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 5253  893.135 (1)(c)1.c.             1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
 5254  893.135 (1)(c)2.d.             1st     Trafficking in hydrocodone, 300 200 grams or more, less than 30 kilograms.
 5255  893.135 (1)(c)3.d.             1st     Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
 5256  893.135 (1)(c)4.b.(III)        1st     Trafficking in fentanyl, 28 grams or more.
 5257  893.135 (1)(d)1.c.             1st     Trafficking in phencyclidine, 400 grams or more.
 5258  893.135 (1)(e)1.c.             1st     Trafficking in methaqualone, 25 kilograms or more.
 5259  893.135 (1)(f)1.c.             1st     Trafficking in amphetamine, 200 grams or more.
 5260  893.135 (1)(h)1.c.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 5261  893.135 (1)(j)1.c.             1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
 5262  893.135 (1)(k)2.c.             1st     Trafficking in Phenethylamines, 400 grams or more.
 5263  893.135 (1)(m)2.d.             1st     Trafficking in synthetic cannabinoids, 30 kilograms or more.
 5264  893.135 (1)(n)2.c.             1st     Trafficking in n-benzyl phenethylamines, 200 grams or more.
 5265  896.101(5)(c)                  1st     Money laundering, financial instruments totaling or exceeding $100,000.
 5266  896.104(4)(a)3.                1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 5267  
 5268         (j) LEVEL 10
 5269  
 5270  FloridaStatute             FelonyDegree         Description        
 5271  499.0051(9)                    1st      Knowing sale or purchase of contraband prescription drugs resulting in death.
 5272  782.04(2)                    1st,PBL    Unlawful killing of human; act is homicide, unpremeditated.
 5273  782.07(3)                      1st      Aggravated manslaughter of a child.
 5274  787.01(1)(a)3.               1st,PBL    Kidnapping; inflict bodily harm upon or terrorize victim.
 5275  787.01(3)(a)                   Life     Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
 5276  787.06(3)(g)                   Life     Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person.
 5277  787.06(4)(a)                   Life     Selling or buying of minors into human trafficking.
 5278  794.011(3)                     Life     Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
 5279  812.135(2)(a)                1st,PBL    Home-invasion robbery with firearm or other deadly weapon.
 5280  876.32                         1st      Treason against the state. 
 5281  
 5282         Section 82. For the purpose of incorporating the amendment
 5283  made by this act to section 322.056, Florida Statutes, in a
 5284  reference thereto, subsection (11) of section 322.05, Florida
 5285  Statutes, is reenacted to read:
 5286         322.05 Persons not to be licensed.—The department may not
 5287  issue a license:
 5288         (11) To any person who is ineligible under s. 322.056.
 5289         Section 83. For the purpose of incorporating the amendment
 5290  made by this act to section 322.34, Florida Statutes, in a
 5291  reference thereto, paragraph (c) of subsection (2) of section
 5292  316.027, Florida Statutes, is reenacted to read:
 5293         316.027 Crash involving death or personal injuries.—
 5294         (2)
 5295         (c) The driver of a vehicle involved in a crash occurring
 5296  on public or private property which results in the death of a
 5297  person shall immediately stop the vehicle at the scene of the
 5298  crash, or as close thereto as possible, and shall remain at the
 5299  scene of the crash until he or she has fulfilled the
 5300  requirements of s. 316.062. A person who is arrested for a
 5301  violation of this paragraph and who has previously been
 5302  convicted of a violation of this section, s. 316.061, s.
 5303  316.191, or s. 316.193, or a felony violation of s. 322.34,
 5304  shall be held in custody until brought before the court for
 5305  admittance to bail in accordance with chapter 903. A person who
 5306  willfully violates this paragraph commits a felony of the first
 5307  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 5308  775.084, and shall be sentenced to a mandatory minimum term of
 5309  imprisonment of 4 years. A person who willfully commits such a
 5310  violation while driving under the influence as set forth in s.
 5311  316.193(1) shall be sentenced to a mandatory minimum term of
 5312  imprisonment of 4 years.
 5313         Section 84. For the purpose of incorporating the amendment
 5314  made by this act to section 322.34, Florida Statutes, in a
 5315  reference thereto, paragraph (c) of subsection (4) of section
 5316  907.041, Florida Statutes, is reenacted to read:
 5317         907.041 Pretrial detention and release.—
 5318         (4) PRETRIAL DETENTION.—
 5319         (c) The court may order pretrial detention if it finds a
 5320  substantial probability, based on a defendant’s past and present
 5321  patterns of behavior, the criteria in s. 903.046, and any other
 5322  relevant facts, that any of the following circumstances exist:
 5323         1. The defendant has previously violated conditions of
 5324  release and that no further conditions of release are reasonably
 5325  likely to assure the defendant’s appearance at subsequent
 5326  proceedings;
 5327         2. The defendant, with the intent to obstruct the judicial
 5328  process, has threatened, intimidated, or injured any victim,
 5329  potential witness, juror, or judicial officer, or has attempted
 5330  or conspired to do so, and that no condition of release will
 5331  reasonably prevent the obstruction of the judicial process;
 5332         3. The defendant is charged with trafficking in controlled
 5333  substances as defined by s. 893.135, that there is a substantial
 5334  probability that the defendant has committed the offense, and
 5335  that no conditions of release will reasonably assure the
 5336  defendant’s appearance at subsequent criminal proceedings;
 5337         4. The defendant is charged with DUI manslaughter, as
 5338  defined by s. 316.193, and that there is a substantial
 5339  probability that the defendant committed the crime and that the
 5340  defendant poses a threat of harm to the community; conditions
 5341  that would support a finding by the court pursuant to this
 5342  subparagraph that the defendant poses a threat of harm to the
 5343  community include, but are not limited to, any of the following:
 5344         a. The defendant has previously been convicted of any crime
 5345  under s. 316.193, or of any crime in any other state or
 5346  territory of the United States that is substantially similar to
 5347  any crime under s. 316.193;
 5348         b. The defendant was driving with a suspended driver
 5349  license when the charged crime was committed; or
 5350         c. The defendant has previously been found guilty of, or
 5351  has had adjudication of guilt withheld for, driving while the
 5352  defendant’s driver license was suspended or revoked in violation
 5353  of s. 322.34;
 5354         5. The defendant poses the threat of harm to the community.
 5355  The court may so conclude, if it finds that the defendant is
 5356  presently charged with a dangerous crime, that there is a
 5357  substantial probability that the defendant committed such crime,
 5358  that the factual circumstances of the crime indicate a disregard
 5359  for the safety of the community, and that there are no
 5360  conditions of release reasonably sufficient to protect the
 5361  community from the risk of physical harm to persons;
 5362         6. The defendant was on probation, parole, or other release
 5363  pending completion of sentence or on pretrial release for a
 5364  dangerous crime at the time the current offense was committed;
 5365         7. The defendant has violated one or more conditions of
 5366  pretrial release or bond for the offense currently before the
 5367  court and the violation, in the discretion of the court,
 5368  supports a finding that no conditions of release can reasonably
 5369  protect the community from risk of physical harm to persons or
 5370  assure the presence of the accused at trial; or
 5371         8.a. The defendant has ever been sentenced pursuant to s.
 5372  775.082(9) or s. 775.084 as a prison releasee reoffender,
 5373  habitual violent felony offender, three-time violent felony
 5374  offender, or violent career criminal, or the state attorney
 5375  files a notice seeking that the defendant be sentenced pursuant
 5376  to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
 5377  habitual violent felony offender, three-time violent felony
 5378  offender, or violent career criminal;
 5379         b. There is a substantial probability that the defendant
 5380  committed the offense; and
 5381         c. There are no conditions of release that can reasonably
 5382  protect the community from risk of physical harm or ensure the
 5383  presence of the accused at trial.
 5384         Section 85. For the purpose of incorporating the amendment
 5385  made by this act to section 509.151, Florida Statutes, in a
 5386  reference thereto, section 509.161, Florida Statutes, is
 5387  reenacted to read:
 5388         509.161 Rules of evidence in prosecutions.—In prosecutions
 5389  under s. 509.151, proof that lodging, food, or other
 5390  accommodations were obtained by false pretense; by false or
 5391  fictitious show of baggage or other property; by absconding
 5392  without paying or offering to pay for such food, lodging, or
 5393  accommodations; or by surreptitiously removing or attempting to
 5394  remove baggage shall constitute prima facie evidence of
 5395  fraudulent intent. If the operator of the establishment has
 5396  probable cause to believe, and does believe, that any person has
 5397  obtained food, lodging, or other accommodations at such
 5398  establishment with intent to defraud the operator thereof, the
 5399  failure to make payment upon demand therefor, there being no
 5400  dispute as to the amount owed, shall constitute prima facie
 5401  evidence of fraudulent intent in such prosecutions.
 5402         Section 86. For the purpose of incorporating the amendment
 5403  made by this act to section 784.048, Florida Statutes, in a
 5404  reference thereto, paragraph (c) of subsection (2) of section
 5405  790.065, Florida Statutes, is reenacted to read:
 5406         790.065 Sale and delivery of firearms.—
 5407         (2) Upon receipt of a request for a criminal history record
 5408  check, the Department of Law Enforcement shall, during the
 5409  licensee’s call or by return call, forthwith:
 5410         (c)1. Review any records available to it to determine
 5411  whether the potential buyer or transferee has been indicted or
 5412  has had an information filed against her or him for an offense
 5413  that is a felony under either state or federal law, or, as
 5414  mandated by federal law, has had an injunction for protection
 5415  against domestic violence entered against the potential buyer or
 5416  transferee under s. 741.30, has had an injunction for protection
 5417  against repeat violence entered against the potential buyer or
 5418  transferee under s. 784.046, or has been arrested for a
 5419  dangerous crime as specified in s. 907.041(4)(a) or for any of
 5420  the following enumerated offenses:
 5421         a. Criminal anarchy under ss. 876.01 and 876.02.
 5422         b. Extortion under s. 836.05.
 5423         c. Explosives violations under s. 552.22(1) and (2).
 5424         d. Controlled substances violations under chapter 893.
 5425         e. Resisting an officer with violence under s. 843.01.
 5426         f. Weapons and firearms violations under this chapter.
 5427         g. Treason under s. 876.32.
 5428         h. Assisting self-murder under s. 782.08.
 5429         i. Sabotage under s. 876.38.
 5430         j. Stalking or aggravated stalking under s. 784.048.
 5431  
 5432  If the review indicates any such indictment, information, or
 5433  arrest, the department shall provide to the licensee a
 5434  conditional nonapproval number.
 5435         2. Within 24 working hours, the department shall determine
 5436  the disposition of the indictment, information, or arrest and
 5437  inform the licensee as to whether the potential buyer is
 5438  prohibited from receiving or possessing a firearm. For purposes
 5439  of this paragraph, “working hours” means the hours from 8 a.m.
 5440  to 5 p.m. Monday through Friday, excluding legal holidays.
 5441         3. The office of the clerk of court, at no charge to the
 5442  department, shall respond to any department request for data on
 5443  the disposition of the indictment, information, or arrest as
 5444  soon as possible, but in no event later than 8 working hours.
 5445         4. The department shall determine as quickly as possible
 5446  within the allotted time period whether the potential buyer is
 5447  prohibited from receiving or possessing a firearm.
 5448         5. If the potential buyer is not so prohibited, or if the
 5449  department cannot determine the disposition information within
 5450  the allotted time period, the department shall provide the
 5451  licensee with a conditional approval number.
 5452         6. If the buyer is so prohibited, the conditional
 5453  nonapproval number shall become a nonapproval number.
 5454         7. The department shall continue its attempts to obtain the
 5455  disposition information and may retain a record of all approval
 5456  numbers granted without sufficient disposition information. If
 5457  the department later obtains disposition information which
 5458  indicates:
 5459         a. That the potential buyer is not prohibited from owning a
 5460  firearm, it shall treat the record of the transaction in
 5461  accordance with this section; or
 5462         b. That the potential buyer is prohibited from owning a
 5463  firearm, it shall immediately revoke the conditional approval
 5464  number and notify local law enforcement.
 5465         8. During the time that disposition of the indictment,
 5466  information, or arrest is pending and until the department is
 5467  notified by the potential buyer that there has been a final
 5468  disposition of the indictment, information, or arrest, the
 5469  conditional nonapproval number shall remain in effect.
 5470         Section 87. For the purpose of incorporating the amendment
 5471  made by this act to section 784.048, Florida Statutes, in a
 5472  reference thereto, subsection (1) of section 794.056, Florida
 5473  Statutes, is reenacted to read:
 5474         794.056 Rape Crisis Program Trust Fund.—
 5475         (1) The Rape Crisis Program Trust Fund is created within
 5476  the Department of Health for the purpose of providing funds for
 5477  rape crisis centers in this state. Trust fund moneys shall be
 5478  used exclusively for the purpose of providing services for
 5479  victims of sexual assault. Funds credited to the trust fund
 5480  consist of those funds collected as an additional court
 5481  assessment in each case in which a defendant pleads guilty or
 5482  nolo contendere to, or is found guilty of, regardless of
 5483  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 5484  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 5485  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 5486  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 5487  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 5488  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 5489  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 5490  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 5491  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
 5492  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
 5493  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
 5494  fund also shall include revenues provided by law, moneys
 5495  appropriated by the Legislature, and grants from public or
 5496  private entities.
 5497         Section 88. For the purpose of incorporating the amendment
 5498  made by this act to section 784.048, Florida Statutes, in a
 5499  reference thereto, subsection (4) of section 847.0141, Florida
 5500  Statutes, is reenacted to read:
 5501         847.0141 Sexting; prohibited acts; penalties.—
 5502         (4) This section does not prohibit the prosecution of a
 5503  minor for a violation of any law of this state if the photograph
 5504  or video that depicts nudity also includes the depiction of
 5505  sexual conduct or sexual excitement, and does not prohibit the
 5506  prosecution of a minor for stalking under s. 784.048.
 5507         Section 89. For the purpose of incorporating the amendment
 5508  made by this act to section 784.048, Florida Statutes, in a
 5509  reference thereto, subsection (5) of section 901.41, Florida
 5510  Statutes, is reenacted to read:
 5511         901.41 Prearrest diversion programs.—
 5512         (5) ELIGIBILITY.—A violent misdemeanor, a misdemeanor crime
 5513  of domestic violence, as defined in s. 741.28, or a misdemeanor
 5514  under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048,
 5515  s. 784.0487, or s. 784.049 does not qualify for a civil citation
 5516  or prearrest diversion program.
 5517         Section 90. For the purpose of incorporating the amendment
 5518  made by this act to section 784.048, Florida Statutes, in a
 5519  reference thereto, section 938.08, Florida Statutes, is
 5520  reenacted to read:
 5521         938.08 Additional cost to fund programs in domestic
 5522  violence.—In addition to any sanction imposed for a violation of
 5523  s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s.
 5524  784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
 5525  784.083, s. 784.085, s. 794.011, or for any offense of domestic
 5526  violence described in s. 741.28, the court shall impose a
 5527  surcharge of $201. Payment of the surcharge shall be a condition
 5528  of probation, community control, or any other court-ordered
 5529  supervision. The sum of $85 of the surcharge shall be deposited
 5530  into the Domestic Violence Trust Fund established in s. 741.01.
 5531  The clerk of the court shall retain $1 of each surcharge that
 5532  the clerk of the court collects as a service charge of the
 5533  clerk’s office. The remainder of the surcharge shall be provided
 5534  to the governing board of the county and must be used only to
 5535  defray the costs of incarcerating persons sentenced under s.
 5536  741.283 and provide additional training to law enforcement
 5537  personnel in combating domestic violence.
 5538         Section 91. For the purpose of incorporating the amendment
 5539  made by this act to section 784.048, Florida Statutes, in a
 5540  reference thereto, section 938.085, Florida Statutes, is
 5541  reenacted to read:
 5542         938.085 Additional cost to fund rape crisis centers.—In
 5543  addition to any sanction imposed when a person pleads guilty or
 5544  nolo contendere to, or is found guilty of, regardless of
 5545  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 5546  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 5547  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 5548  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 5549  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 5550  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 5551  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 5552  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 5553  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 5554  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 5555  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 5556  $151. Payment of the surcharge shall be a condition of
 5557  probation, community control, or any other court-ordered
 5558  supervision. The sum of $150 of the surcharge shall be deposited
 5559  into the Rape Crisis Program Trust Fund established within the
 5560  Department of Health by chapter 2003-140, Laws of Florida. The
 5561  clerk of the court shall retain $1 of each surcharge that the
 5562  clerk of the court collects as a service charge of the clerk’s
 5563  office.
 5564         Section 92. For the purpose of incorporating the amendment
 5565  made by this act to section 784.048, Florida Statutes, in a
 5566  reference thereto, paragraph (c) of subsection (8) of section
 5567  948.06, Florida Statutes, is reenacted to read:
 5568         948.06 Violation of probation or community control;
 5569  revocation; modification; continuance; failure to pay
 5570  restitution or cost of supervision.—
 5571         (8)
 5572         (c) For purposes of this section, the term “qualifying
 5573  offense” means any of the following:
 5574         1. Kidnapping or attempted kidnapping under s. 787.01,
 5575  false imprisonment of a child under the age of 13 under s.
 5576  787.02(3), or luring or enticing a child under s. 787.025(2)(b)
 5577  or (c).
 5578         2. Murder or attempted murder under s. 782.04, attempted
 5579  felony murder under s. 782.051, or manslaughter under s. 782.07.
 5580         3. Aggravated battery or attempted aggravated battery under
 5581  s. 784.045.
 5582         4. Sexual battery or attempted sexual battery under s.
 5583  794.011(2), (3), (4), or (8)(b) or (c).
 5584         5. Lewd or lascivious battery or attempted lewd or
 5585  lascivious battery under s. 800.04(4), lewd or lascivious
 5586  molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
 5587  conduct under s. 800.04(6)(b), lewd or lascivious exhibition
 5588  under s. 800.04(7)(b), or lewd or lascivious exhibition on
 5589  computer under s. 847.0135(5)(b).
 5590         6. Robbery or attempted robbery under s. 812.13, carjacking
 5591  or attempted carjacking under s. 812.133, or home invasion
 5592  robbery or attempted home invasion robbery under s. 812.135.
 5593         7. Lewd or lascivious offense upon or in the presence of an
 5594  elderly or disabled person or attempted lewd or lascivious
 5595  offense upon or in the presence of an elderly or disabled person
 5596  under s. 825.1025.
 5597         8. Sexual performance by a child or attempted sexual
 5598  performance by a child under s. 827.071.
 5599         9. Computer pornography under s. 847.0135(2) or (3),
 5600  transmission of child pornography under s. 847.0137, or selling
 5601  or buying of minors under s. 847.0145.
 5602         10. Poisoning food or water under s. 859.01.
 5603         11. Abuse of a dead human body under s. 872.06.
 5604         12. Any burglary offense or attempted burglary offense that
 5605  is either a first degree felony or second degree felony under s.
 5606  810.02(2) or (3).
 5607         13. Arson or attempted arson under s. 806.01(1).
 5608         14. Aggravated assault under s. 784.021.
 5609         15. Aggravated stalking under s. 784.048(3), (4), (5), or
 5610  (7).
 5611         16. Aircraft piracy under s. 860.16.
 5612         17. Unlawful throwing, placing, or discharging of a
 5613  destructive device or bomb under s. 790.161(2), (3), or (4).
 5614         18. Treason under s. 876.32.
 5615         19. Any offense committed in another jurisdiction which
 5616  would be an offense listed in this paragraph if that offense had
 5617  been committed in this state.
 5618         Section 93. For the purpose of incorporating the amendment
 5619  made by this act to section 784.048, Florida Statutes, in a
 5620  reference thereto, subsection (1) of section 948.062, Florida
 5621  Statutes, is reenacted to read:
 5622         948.062 Reviewing and reporting serious offenses committed
 5623  by offenders placed on probation or community control.—
 5624         (1) The department shall review the circumstances related
 5625  to an offender placed on probation or community control who has
 5626  been arrested while on supervision for the following offenses:
 5627         (a) Any murder as provided in s. 782.04;
 5628         (b) Any sexual battery as provided in s. 794.011 or s.
 5629  794.023;
 5630         (c) Any sexual performance by a child as provided in s.
 5631  827.071;
 5632         (d) Any kidnapping, false imprisonment, or luring of a
 5633  child as provided in s. 787.01, s. 787.02, or s. 787.025;
 5634         (e) Any lewd and lascivious battery or lewd and lascivious
 5635  molestation as provided in s. 800.04(4) or (5);
 5636         (f) Any aggravated child abuse as provided in s.
 5637  827.03(2)(a);
 5638         (g) Any robbery with a firearm or other deadly weapon, home
 5639  invasion robbery, or carjacking as provided in s. 812.13(2)(a),
 5640  s. 812.135, or s. 812.133;
 5641         (h) Any aggravated stalking as provided in s. 784.048(3),
 5642  (4), or (5);
 5643         (i) Any forcible felony as provided in s. 776.08, committed
 5644  by a person on probation or community control who is designated
 5645  as a sexual predator; or
 5646         (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
 5647  or vehicular or vessel homicide as provided in s. 782.071 or s.
 5648  782.072, committed by a person who is on probation or community
 5649  control for an offense involving death or injury resulting from
 5650  a driving incident.
 5651         Section 94. For the purpose of incorporating the amendment
 5652  made by this act to section 784.048, Florida Statutes, in a
 5653  reference thereto, paragraph (b) of subsection (1) of section
 5654  960.001, Florida Statutes, is reenacted to read:
 5655         960.001 Guidelines for fair treatment of victims and
 5656  witnesses in the criminal justice and juvenile justice systems.—
 5657         (1) The Department of Legal Affairs, the state attorneys,
 5658  the Department of Corrections, the Department of Juvenile
 5659  Justice, the Florida Commission on Offender Review, the State
 5660  Courts Administrator and circuit court administrators, the
 5661  Department of Law Enforcement, and every sheriff’s department,
 5662  police department, or other law enforcement agency as defined in
 5663  s. 943.10(4) shall develop and implement guidelines for the use
 5664  of their respective agencies, which guidelines are consistent
 5665  with the purposes of this act and s. 16(b), Art. I of the State
 5666  Constitution and are designed to implement s. 16(b), Art. I of
 5667  the State Constitution and to achieve the following objectives:
 5668         (b) Information for purposes of notifying victim or
 5669  appropriate next of kin of victim or other designated contact of
 5670  victim.—In the case of a homicide, pursuant to chapter 782; or a
 5671  sexual offense, pursuant to chapter 794; or an attempted murder
 5672  or sexual offense, pursuant to chapter 777; or stalking,
 5673  pursuant to s. 784.048; or domestic violence, pursuant to s.
 5674  25.385:
 5675         1. The arresting law enforcement officer or personnel of an
 5676  organization that provides assistance to a victim or to the
 5677  appropriate next of kin of the victim or other designated
 5678  contact must request that the victim or appropriate next of kin
 5679  of the victim or other designated contact complete a victim
 5680  notification card. However, the victim or appropriate next of
 5681  kin of the victim or other designated contact may choose not to
 5682  complete the victim notification card.
 5683         2. Unless the victim or the appropriate next of kin of the
 5684  victim or other designated contact waives the option to complete
 5685  the victim notification card, a copy of the victim notification
 5686  card must be filed with the incident report or warrant in the
 5687  sheriff’s office of the jurisdiction in which the incident
 5688  report or warrant originated. The notification card shall, at a
 5689  minimum, consist of:
 5690         a. The name, address, and phone number of the victim; or
 5691         b. The name, address, and phone number of the appropriate
 5692  next of kin of the victim; or
 5693         c. The name, address, and telephone number of a designated
 5694  contact other than the victim or appropriate next of kin of the
 5695  victim; and
 5696         d. Any relevant identification or case numbers assigned to
 5697  the case.
 5698         3. The chief administrator, or a person designated by the
 5699  chief administrator, of a county jail, municipal jail, juvenile
 5700  detention facility, or residential commitment facility shall
 5701  make a reasonable attempt to notify the alleged victim or
 5702  appropriate next of kin of the alleged victim or other
 5703  designated contact within 4 hours following the release of the
 5704  defendant on bail or, in the case of a juvenile offender, upon
 5705  the release from residential detention or commitment. If the
 5706  chief administrator, or designee, is unable to contact the
 5707  alleged victim or appropriate next of kin of the alleged victim
 5708  or other designated contact by telephone, the chief
 5709  administrator, or designee, must send to the alleged victim or
 5710  appropriate next of kin of the alleged victim or other
 5711  designated contact a written notification of the defendant’s
 5712  release.
 5713         4. Unless otherwise requested by the victim or the
 5714  appropriate next of kin of the victim or other designated
 5715  contact, the information contained on the victim notification
 5716  card must be sent by the chief administrator, or designee, of
 5717  the appropriate facility to the subsequent correctional or
 5718  residential commitment facility following the sentencing and
 5719  incarceration of the defendant, and unless otherwise requested
 5720  by the victim or the appropriate next of kin of the victim or
 5721  other designated contact, he or she must be notified of the
 5722  release of the defendant from incarceration as provided by law.
 5723         5. If the defendant was arrested pursuant to a warrant
 5724  issued or taken into custody pursuant to s. 985.101 in a
 5725  jurisdiction other than the jurisdiction in which the defendant
 5726  is being released, and the alleged victim or appropriate next of
 5727  kin of the alleged victim or other designated contact does not
 5728  waive the option for notification of release, the chief
 5729  correctional officer or chief administrator of the facility
 5730  releasing the defendant shall make a reasonable attempt to
 5731  immediately notify the chief correctional officer of the
 5732  jurisdiction in which the warrant was issued or the juvenile was
 5733  taken into custody pursuant to s. 985.101, and the chief
 5734  correctional officer of that jurisdiction shall make a
 5735  reasonable attempt to notify the alleged victim or appropriate
 5736  next of kin of the alleged victim or other designated contact,
 5737  as provided in this paragraph, that the defendant has been or
 5738  will be released.
 5739         Section 95. For the purpose of incorporating the amendment
 5740  made by this act to section 784.048, Florida Statutes, in a
 5741  reference thereto, paragraph (b) of subsection (3) of section
 5742  985.265, Florida Statutes, is reenacted to read:
 5743         985.265 Detention transfer and release; education; adult
 5744  jails.—
 5745         (3)
 5746         (b) When a juvenile is released from secure detention or
 5747  transferred to nonsecure detention, detention staff shall
 5748  immediately notify the appropriate law enforcement agency,
 5749  school personnel, and victim if the juvenile is charged with
 5750  committing any of the following offenses or attempting to commit
 5751  any of the following offenses:
 5752         1. Murder, under s. 782.04;
 5753         2. Sexual battery, under chapter 794;
 5754         3. Stalking, under s. 784.048; or
 5755         4. Domestic violence, as defined in s. 741.28.
 5756         Section 96. For the purpose of incorporating the amendment
 5757  made by this act to section 784.048, Florida Statutes, in a
 5758  reference thereto, paragraph (e) of subsection (3) of section
 5759  1006.147, Florida Statutes, is reenacted to read:
 5760         1006.147 Bullying and harassment prohibited.—
 5761         (3) For purposes of this section:
 5762         (e) Definitions in s. 815.03 and the definition in s.
 5763  784.048(1)(d) relating to stalking are applicable to this
 5764  section.
 5765         Section 97. For the purpose of incorporating the amendment
 5766  made by this act to section 806.13, Florida Statutes, in a
 5767  reference thereto, subsection (1) of section 316.0775, Florida
 5768  Statutes, is reenacted to read:
 5769         316.0775 Interference with official traffic control devices
 5770  or railroad signs or signals.—
 5771         (1) A person may not, without lawful authority, attempt to
 5772  or in fact alter, deface, injure, knock down, or remove any
 5773  official traffic control device or any railroad sign or signal
 5774  or any inscription, shield, or insignia thereon, or any other
 5775  part thereof. A violation of this subsection is a criminal
 5776  violation pursuant to s. 318.17 and shall be punishable as set
 5777  forth in s. 806.13 related to criminal mischief and graffiti,
 5778  beginning on or after July 1, 2000.
 5779         Section 98. For the purpose of incorporating the amendment
 5780  made by this act to section 812.014, Florida Statutes, in a
 5781  reference thereto, subsection (10) of section 95.18, Florida
 5782  Statutes, is reenacted to read:
 5783         95.18 Real property actions; adverse possession without
 5784  color of title.—
 5785         (10) A person who occupies or attempts to occupy a
 5786  residential structure solely by claim of adverse possession
 5787  under this section and offers the property for lease to another
 5788  commits theft under s. 812.014.
 5789         Section 99. For the purpose of incorporating the amendment
 5790  made by this act to section 812.014, Florida Statutes, in a
 5791  reference thereto, paragraph (c) of subsection (3) of section
 5792  373.6055, Florida Statutes, is reenacted to read:
 5793         373.6055 Criminal history checks for certain water
 5794  management district employees and others.—
 5795         (3)
 5796         (c) In addition to other requirements for employment or
 5797  access established by any water management district pursuant to
 5798  its water management district’s security plan for buildings,
 5799  facilities, and structures, each water management district’s
 5800  security plan shall provide that:
 5801         1. Any person who has within the past 7 years been
 5802  convicted, regardless of whether adjudication was withheld, for
 5803  a forcible felony as defined in s. 776.08; an act of terrorism
 5804  as defined in s. 775.30; planting of a hoax bomb as provided in
 5805  s. 790.165; any violation involving the manufacture, possession,
 5806  sale, delivery, display, use, or attempted or threatened use of
 5807  a weapon of mass destruction or hoax weapon of mass destruction
 5808  as provided in s. 790.166; dealing in stolen property; any
 5809  violation of s. 893.135; any violation involving the sale,
 5810  manufacturing, delivery, or possession with intent to sell,
 5811  manufacture, or deliver a controlled substance; burglary;
 5812  robbery; any felony violation of s. 812.014; any violation of s.
 5813  790.07; any crime an element of which includes use or possession
 5814  of a firearm; any conviction for any similar offenses under the
 5815  laws of another jurisdiction; or conviction for conspiracy to
 5816  commit any of the listed offenses may not be qualified for
 5817  initial employment within or authorized regular access to
 5818  buildings, facilities, or structures defined in the water
 5819  management district’s security plan as restricted access areas.
 5820         2. Any person who has at any time been convicted of any of
 5821  the offenses listed in subparagraph 1. may not be qualified for
 5822  initial employment within or authorized regular access to
 5823  buildings, facilities, or structures defined in the water
 5824  management district’s security plan as restricted access areas
 5825  unless, after release from incarceration and any supervision
 5826  imposed as a sentence, the person remained free from a
 5827  subsequent conviction, regardless of whether adjudication was
 5828  withheld, for any of the listed offenses for a period of at
 5829  least 7 years prior to the employment or access date under
 5830  consideration.
 5831         Section 100. For the purpose of incorporating the amendment
 5832  made by this act to section 812.014, Florida Statutes, in a
 5833  reference thereto, subsection (3) of section 400.9935, Florida
 5834  Statutes, is reenacted to read:
 5835         400.9935 Clinic responsibilities.—
 5836         (3) A charge or reimbursement claim made by or on behalf of
 5837  a clinic that is required to be licensed under this part but
 5838  that is not so licensed, or that is otherwise operating in
 5839  violation of this part, regardless of whether a service is
 5840  rendered or whether the charge or reimbursement claim is paid,
 5841  is an unlawful charge and is noncompensable and unenforceable. A
 5842  person who knowingly makes or causes to be made an unlawful
 5843  charge commits theft within the meaning of and punishable as
 5844  provided in s. 812.014.
 5845         Section 101. For the purpose of incorporating the amendment
 5846  made by this act to section 812.014, Florida Statutes, in a
 5847  reference thereto, subsection (10) of section 550.6305, Florida
 5848  Statutes, is reenacted to read:
 5849         550.6305 Intertrack wagering; guest track payments;
 5850  accounting rules.—
 5851         (10) All races or games conducted at a permitholder’s
 5852  facility, all broadcasts of such races or games, and all
 5853  broadcast rights relating thereto are owned by the permitholder
 5854  at whose facility such races or games are conducted and
 5855  constitute the permitholder’s property as defined in s.
 5856  812.012(4). Transmission, reception of a transmission,
 5857  exhibition, use, or other appropriation of such races or games,
 5858  broadcasts of such races or games, or broadcast rights relating
 5859  thereto without the written consent of the permitholder
 5860  constitutes a theft of such property under s. 812.014; and in
 5861  addition to the penal sanctions contained in s. 812.014, the
 5862  permitholder has the right to avail itself of the civil remedies
 5863  specified in ss. 772.104, 772.11, and 812.035 in addition to any
 5864  other remedies available under applicable state or federal law.
 5865         Section 102. For the purpose of incorporating the amendment
 5866  made by this act to section 812.014, Florida Statutes, in a
 5867  reference thereto, subsection (2) of section 627.743, Florida
 5868  Statutes, is reenacted to read:
 5869         627.743 Payment of third-party claims.—
 5870         (2) When making any payment on a third party claim for
 5871  damage to an automobile for a partial loss, the insurer shall
 5872  have printed on the loss estimate, if prepared by the insurer,
 5873  the following: “Failure to use the insurance proceeds in
 5874  accordance with the security agreement, if any, could be a
 5875  violation of s. 812.014, Florida Statutes. If you have any
 5876  questions, contact your lending institution.” However, this
 5877  subsection does not apply if the insurer does not prepare the
 5878  loss estimate.
 5879         Section 103. For the purpose of incorporating the amendment
 5880  made by this act to section 812.014, Florida Statutes, in a
 5881  reference thereto, subsection (2) of section 634.421, Florida
 5882  Statutes, is reenacted to read:
 5883         634.421 Reporting and accounting for funds.—
 5884         (2) Any sales representative who, not being entitled
 5885  thereto, diverts or appropriates funds or any portion thereof to
 5886  her or his own use commits theft as provided in s. 812.014.
 5887         Section 104. For the purpose of incorporating the amendment
 5888  made by this act to section 812.014, Florida Statutes, in a
 5889  reference thereto, subsection (2) of section 642.038, Florida
 5890  Statutes, is reenacted to read:
 5891         642.038 Reporting and accounting for funds.—
 5892         (2) Any sales representative who, not being entitled
 5893  thereto, diverts or appropriates such funds or any portion
 5894  thereof to his or her own use commits theft as provided in s.
 5895  812.014.
 5896         Section 105. For the purpose of incorporating the amendment
 5897  made by this act to section 812.014, Florida Statutes, in a
 5898  reference thereto, subsection (4) of section 705.102, Florida
 5899  Statutes, is reenacted to read:
 5900         705.102 Reporting lost or abandoned property.—
 5901         (4) Any person who unlawfully appropriates such lost or
 5902  abandoned property to his or her own use or refuses to deliver
 5903  such property when required commits theft as defined in s.
 5904  812.014, punishable as provided in s. 775.082, s. 775.083, or s.
 5905  775.084.
 5906         Section 106. For the purpose of incorporating the amendment
 5907  made by this act to section 812.014, Florida Statutes, in a
 5908  reference thereto, subsection (7) of section 812.14, Florida
 5909  Statutes, is reenacted to read:
 5910         812.14 Trespass and larceny with relation to utility
 5911  fixtures; theft of utility services.—
 5912         (7) An owner, lessor, or sublessor who willfully violates
 5913  subsection (5) commits a misdemeanor of the first degree,
 5914  punishable as provided in s. 775.082 or s. 775.083. Prosecution
 5915  for a violation of subsection (5) does not preclude prosecution
 5916  for theft pursuant to subsection (8) or s. 812.014.
 5917         Section 107. For the purpose of incorporating the amendment
 5918  made by this act to section 812.014, Florida Statutes, in a
 5919  reference thereto, subsection (3) of section 893.138, Florida
 5920  Statutes, is reenacted to read:
 5921         893.138 Local administrative action to abate drug-related,
 5922  prostitution-related, or stolen-property-related public
 5923  nuisances and criminal gang activity.—
 5924         (3) Any pain-management clinic, as described in s. 458.3265
 5925  or s. 459.0137, which has been used on more than two occasions
 5926  within a 6-month period as the site of a violation of:
 5927         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
 5928  relating to assault and battery;
 5929         (b) Section 810.02, relating to burglary;
 5930         (c) Section 812.014, relating to theft;
 5931         (d) Section 812.131, relating to robbery by sudden
 5932  snatching; or
 5933         (e) Section 893.13, relating to the unlawful distribution
 5934  of controlled substances,
 5935  
 5936  may be declared to be a public nuisance, and such nuisance may
 5937  be abated pursuant to the procedures provided in this section.
 5938         Section 108. For the purpose of incorporating the amendment
 5939  made by this act to section 812.015, Florida Statutes, in a
 5940  reference thereto, subsection (5) of section 538.09, Florida
 5941  Statutes, is reenacted to read:
 5942         538.09 Registration.—
 5943         (5) In addition to the fine provided in subsection (4),
 5944  registration under this section may be denied or any
 5945  registration granted may be revoked, restricted, or suspended by
 5946  the department if the department determines that the applicant
 5947  or registrant:
 5948         (a) Has violated any provision of this chapter or any rule
 5949  or order made pursuant to this chapter;
 5950         (b) Has made a material false statement in the application
 5951  for registration;
 5952         (c) Has been guilty of a fraudulent act in connection with
 5953  any purchase or sale or has been or is engaged in or is about to
 5954  engage in any practice, purchase, or sale which is fraudulent or
 5955  in violation of the law;
 5956         (d) Has made a misrepresentation or false statement to, or
 5957  concealed any essential or material fact from, any person in
 5958  making any purchase or sale;
 5959         (e) Is making purchases or sales through any business
 5960  associate not registered in compliance with the provisions of
 5961  this chapter;
 5962         (f) Has, within the preceding 10-year period for new
 5963  registrants who apply for registration on or after October 1,
 5964  2006, been convicted of, or has entered a plea of guilty or nolo
 5965  contendere to, or had adjudication withheld for, a crime against
 5966  the laws of this state or any other state or of the United
 5967  States which relates to registration as a secondhand dealer or
 5968  which involves theft, larceny, dealing in stolen property,
 5969  receiving stolen property, burglary, embezzlement, obtaining
 5970  property by false pretenses, possession of altered property, any
 5971  felony drug offense, any violation of s. 812.015, or any
 5972  fraudulent dealing;
 5973         (g) Has had a final judgment entered against her or him in
 5974  a civil action upon grounds of fraud, embezzlement,
 5975  misrepresentation, or deceit; or
 5976         (h) Has failed to pay any sales tax owed to the Department
 5977  of Revenue.
 5978  
 5979  In the event the department determines to deny an application or
 5980  revoke a registration, it shall enter a final order with its
 5981  findings on the register of secondhand dealers and their
 5982  business associates, if any; and denial, suspension, or
 5983  revocation of the registration of a secondhand dealer shall also
 5984  deny, suspend, or revoke the registration of such secondhand
 5985  dealer’s business associates.
 5986         Section 109. For the purpose of incorporating the amendment
 5987  made by this act to section 812.015, Florida Statutes, in a
 5988  reference thereto, subsection (2) of section 538.23, Florida
 5989  Statutes, is reenacted to read:
 5990         538.23 Violations and penalties.—
 5991         (2) A secondary metals recycler is presumed to know upon
 5992  receipt of stolen regulated metals property in a purchase
 5993  transaction that the regulated metals property has been stolen
 5994  from another if the secondary metals recycler knowingly and
 5995  intentionally fails to maintain the information required in s.
 5996  538.19 and shall, upon conviction of a violation of s. 812.015,
 5997  be punished as provided in s. 812.014(2) or (3).
 5998         Section 110. For the purpose of incorporating the amendment
 5999  made by this act to section 815.03, Florida Statutes, in a
 6000  reference thereto, paragraph (e) of subsection (3) of section
 6001  1006.147, Florida Statutes, is reenacted to read:
 6002         1006.147 Bullying and harassment prohibited.—
 6003         (3) For purposes of this section:
 6004         (e) Definitions in s. 815.03 and the definition in s.
 6005  784.048(1)(d) relating to stalking are applicable to this
 6006  section.
 6007         Section 111. For the purpose of incorporating the amendment
 6008  made by this act to section 815.06, Florida Statutes, in a
 6009  reference thereto, subsection (2) of section 316.80, Florida
 6010  Statutes, is reenacted to read:
 6011         316.80 Unlawful conveyance of fuel; obtaining fuel
 6012  fraudulently.—
 6013         (2) A person who violates subsection (1) commits a felony
 6014  of the second degree, punishable as provided in s. 775.082, s.
 6015  775.083, or s. 775.084, if he or she has attempted to or has
 6016  fraudulently obtained motor or diesel fuel by:
 6017         (a) Presenting a credit card or a credit card account
 6018  number in violation of ss. 817.57-817.685;
 6019         (b) Using unauthorized access to any computer network in
 6020  violation of s. 815.06; or
 6021         (c) Using a fraudulently scanned or lost or stolen payment
 6022  access device, whether credit card or contactless device.
 6023         Section 112. For the purpose of incorporating the amendment
 6024  made by this act to section 815.06, Florida Statutes, in
 6025  references thereto, subsections (1) and (2) of section 775.30,
 6026  Florida Statutes, are reenacted to read:
 6027         775.30 Terrorism; defined; penalties.—
 6028         (1) As used in this chapter and the Florida Criminal Code,
 6029  the terms “terrorism” or “terrorist activity” mean an activity
 6030  that:
 6031         (a) Involves:
 6032         1. A violent act or an act dangerous to human life which is
 6033  a violation of the criminal laws of this state or of the United
 6034  States; or
 6035         2. A violation of s. 815.06; and
 6036         (b) Is intended to:
 6037         1. Intimidate, injure, or coerce a civilian population;
 6038         2. Influence the policy of a government by intimidation or
 6039  coercion; or
 6040         3. Affect the conduct of government through destruction of
 6041  property, assassination, murder, kidnapping, or aircraft piracy.
 6042         (2) A person who violates s. 782.04(1)(a)1. or (2), s.
 6043  782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.
 6044  787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16,
 6045  s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s.
 6046  806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s.
 6047  859.01, or s. 876.34, in furtherance of intimidating or coercing
 6048  the policy of a government, or in furtherance of affecting the
 6049  conduct of a government by mass destruction, assassination, or
 6050  kidnapping, commits the crime of terrorism, a felony of the
 6051  first degree, punishable as provided in s. 775.082, s. 775.083,
 6052  or s. 775.084.
 6053         Section 113. For the purpose of incorporating the amendment
 6054  made by this act to section 815.06, Florida Statutes, in a
 6055  reference thereto, subsection (2) of section 775.33, Florida
 6056  Statutes, is reenacted to read:
 6057         775.33 Providing material support or resources for
 6058  terrorism or to terrorist organizations.—
 6059         (2) A person commits a felony of the first degree,
 6060  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
 6061  if the person:
 6062         (a) Provides material support or resources or conceals or
 6063  disguises the nature, location, source, or ownership of the
 6064  material support or resources, knowing or intending that the
 6065  support or resources are to be used in preparation for or in
 6066  carrying out a violation of s. 775.30, s. 775.32, s. 775.34, s.
 6067  775.35, s. 790.16, s. 790.161(2), (3), or (4), s. 790.166, s.
 6068  790.19, s. 815.06, s. 859.01, s. 860.121, s. 860.16, s. 876.32,
 6069  s. 876.34, or s. 876.36;
 6070         (b) Conceals an escape from the commission of a violation
 6071  of paragraph (a); or
 6072         (c) Attempts or conspires to commit a violation of
 6073  paragraph (a).
 6074         Section 114. For the purpose of incorporating the amendment
 6075  made by this act to section 815.06, Florida Statutes, in a
 6076  reference thereto, subsection (5) of section 782.04, Florida
 6077  Statutes, is reenacted to read:
 6078         782.04 Murder.—
 6079         (5) As used in this section, the term “terrorism” means an
 6080  activity that:
 6081         (a)1. Involves a violent act or an act dangerous to human
 6082  life which is a violation of the criminal laws of this state or
 6083  of the United States; or
 6084         2. Involves a violation of s. 815.06; and
 6085         (b) Is intended to:
 6086         1. Intimidate, injure, or coerce a civilian population;
 6087         2. Influence the policy of a government by intimidation or
 6088  coercion; or
 6089         3. Affect the conduct of government through destruction of
 6090  property, assassination, murder, kidnapping, or aircraft piracy.
 6091         Section 115. For the purpose of incorporating the amendment
 6092  made by this act to section 815.06, Florida Statutes, in a
 6093  reference thereto, subsection (3) of section 934.07, Florida
 6094  Statutes, is reenacted to read:
 6095         934.07 Authorization for interception of wire, oral, or
 6096  electronic communications.—
 6097         (3) As used in this section, the term “terrorism” means an
 6098  activity that:
 6099         (a)1. Involves a violent act or an act dangerous to human
 6100  life which is a violation of the criminal laws of this state or
 6101  of the United States; or
 6102         2. Involves a violation of s. 815.06; and
 6103         (b) Is intended to:
 6104         1. Intimidate, injure, or coerce a civilian population;
 6105         2. Influence the policy of a government by intimidation or
 6106  coercion; or
 6107         3. Affect the conduct of government through destruction of
 6108  property, assassination, murder, kidnapping, or aircraft piracy.
 6109         Section 116. For the purpose of incorporating the amendment
 6110  made by this act to section 849.01, Florida Statutes, in a
 6111  reference thereto, section 849.02, Florida Statutes, is
 6112  reenacted to read:
 6113         849.02 Agents or employees of keeper of gambling house.
 6114  Whoever acts as servant, clerk, agent, or employee of any person
 6115  in the violation of s. 849.01 shall be punished in the manner
 6116  and to the extent therein mentioned.
 6117         Section 117. For the purpose of incorporating the amendment
 6118  made by this act to section 893.135, Florida Statutes, in a
 6119  reference thereto, paragraph (c) of subsection (3) of section
 6120  373.6055, Florida Statutes, is reenacted to read:
 6121         373.6055 Criminal history checks for certain water
 6122  management district employees and others.—
 6123         (3)
 6124         (c) In addition to other requirements for employment or
 6125  access established by any water management district pursuant to
 6126  its water management district’s security plan for buildings,
 6127  facilities, and structures, each water management district’s
 6128  security plan shall provide that:
 6129         1. Any person who has within the past 7 years been
 6130  convicted, regardless of whether adjudication was withheld, for
 6131  a forcible felony as defined in s. 776.08; an act of terrorism
 6132  as defined in s. 775.30; planting of a hoax bomb as provided in
 6133  s. 790.165; any violation involving the manufacture, possession,
 6134  sale, delivery, display, use, or attempted or threatened use of
 6135  a weapon of mass destruction or hoax weapon of mass destruction
 6136  as provided in s. 790.166; dealing in stolen property; any
 6137  violation of s. 893.135; any violation involving the sale,
 6138  manufacturing, delivery, or possession with intent to sell,
 6139  manufacture, or deliver a controlled substance; burglary;
 6140  robbery; any felony violation of s. 812.014; any violation of s.
 6141  790.07; any crime an element of which includes use or possession
 6142  of a firearm; any conviction for any similar offenses under the
 6143  laws of another jurisdiction; or conviction for conspiracy to
 6144  commit any of the listed offenses may not be qualified for
 6145  initial employment within or authorized regular access to
 6146  buildings, facilities, or structures defined in the water
 6147  management district’s security plan as restricted access areas.
 6148         2. Any person who has at any time been convicted of any of
 6149  the offenses listed in subparagraph 1. may not be qualified for
 6150  initial employment within or authorized regular access to
 6151  buildings, facilities, or structures defined in the water
 6152  management district’s security plan as restricted access areas
 6153  unless, after release from incarceration and any supervision
 6154  imposed as a sentence, the person remained free from a
 6155  subsequent conviction, regardless of whether adjudication was
 6156  withheld, for any of the listed offenses for a period of at
 6157  least 7 years prior to the employment or access date under
 6158  consideration.
 6159         Section 118. For the purpose of incorporating the amendment
 6160  made by this act to section 893.135, Florida Statutes, in a
 6161  reference thereto, subsection (6) of section 397.4073, Florida
 6162  Statutes, is reenacted to read:
 6163         397.4073 Background checks of service provider personnel.—
 6164         (6) DISQUALIFICATION FROM RECEIVING STATE FUNDS.—State
 6165  funds may not be disseminated to any service provider owned or
 6166  operated by an owner, director, or chief financial officer who
 6167  has been convicted of, has entered a plea of guilty or nolo
 6168  contendere to, or has had adjudication withheld for, a violation
 6169  of s. 893.135 pertaining to trafficking in controlled
 6170  substances, or a violation of the law of another state, the
 6171  District of Columbia, the United States or any possession or
 6172  territory thereof, or any foreign jurisdiction which is
 6173  substantially similar in elements and penalties to a trafficking
 6174  offense in this state, unless the owner’s or director’s civil
 6175  rights have been restored.
 6176         Section 119. For the purpose of incorporating the amendment
 6177  made by this act to section 893.135, Florida Statutes, in a
 6178  reference thereto, subsection (1) of section 414.095, Florida
 6179  Statutes, is reenacted to read:
 6180         414.095 Determining eligibility for temporary cash
 6181  assistance.—
 6182         (1) ELIGIBILITY.—An applicant must meet eligibility
 6183  requirements of this section before receiving services or
 6184  temporary cash assistance under this chapter, except that an
 6185  applicant shall be required to register for work and engage in
 6186  work activities in accordance with s. 445.024, as designated by
 6187  the local workforce development board, and may receive support
 6188  services or child care assistance in conjunction with such
 6189  requirement. The department shall make a determination of
 6190  eligibility based on the criteria listed in this chapter. The
 6191  department shall monitor continued eligibility for temporary
 6192  cash assistance through periodic reviews consistent with the
 6193  food assistance eligibility process. Benefits may not be denied
 6194  to an individual solely based on a felony drug conviction,
 6195  unless the conviction is for trafficking pursuant to s. 893.135.
 6196  To be eligible under this section, an individual convicted of a
 6197  drug felony must be satisfactorily meeting the requirements of
 6198  the temporary cash assistance program, including all substance
 6199  abuse treatment requirements. Within the limits specified in
 6200  this chapter, the state opts out of the provision of Pub. L. No.
 6201  104-193, s. 115, that eliminates eligibility for temporary cash
 6202  assistance and food assistance for any individual convicted of a
 6203  controlled substance felony.
 6204         Section 120. For the purpose of incorporating the amendment
 6205  made by this act to section 893.135, Florida Statutes, in a
 6206  reference thereto, subsection (2) of section 772.12, Florida
 6207  Statutes, is reenacted to read:
 6208         772.12 Drug Dealer Liability Act.—
 6209         (2) A person, including any governmental entity, has a
 6210  cause of action for threefold the actual damages sustained and
 6211  is entitled to minimum damages in the amount of $1,000 and
 6212  reasonable attorney’s fees and court costs in the trial and
 6213  appellate courts, if the person proves by the greater weight of
 6214  the evidence that:
 6215         (a) The person was injured because of the defendant’s
 6216  actions that resulted in the defendant’s conviction for:
 6217         1. A violation of s. 893.13, except for a violation of s.
 6218  893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
 6219         2. A violation of s. 893.135; and
 6220         (b) The person was not injured by reason of his or her
 6221  participation in the same act or transaction that resulted in
 6222  the defendant’s conviction for any offense described in
 6223  subparagraph (a)1.
 6224         Section 121. For the purpose of incorporating the amendment
 6225  made by this act to section 893.135, Florida Statutes, in
 6226  references thereto, paragraph (a) of subsection (2) and
 6227  paragraph (a) of subsection (3) of section 775.087, Florida
 6228  Statutes, are reenacted to read:
 6229         775.087 Possession or use of weapon; aggravated battery;
 6230  felony reclassification; minimum sentence.—
 6231         (2)(a)1. Any person who is convicted of a felony or an
 6232  attempt to commit a felony, regardless of whether the use of a
 6233  weapon is an element of the felony, and the conviction was for:
 6234         a. Murder;
 6235         b. Sexual battery;
 6236         c. Robbery;
 6237         d. Burglary;
 6238         e. Arson;
 6239         f. Aggravated battery;
 6240         g. Kidnapping;
 6241         h. Escape;
 6242         i. Aircraft piracy;
 6243         j. Aggravated child abuse;
 6244         k. Aggravated abuse of an elderly person or disabled adult;
 6245         l. Unlawful throwing, placing, or discharging of a
 6246  destructive device or bomb;
 6247         m. Carjacking;
 6248         n. Home-invasion robbery;
 6249         o. Aggravated stalking;
 6250         p. Trafficking in cannabis, trafficking in cocaine, capital
 6251  importation of cocaine, trafficking in illegal drugs, capital
 6252  importation of illegal drugs, trafficking in phencyclidine,
 6253  capital importation of phencyclidine, trafficking in
 6254  methaqualone, capital importation of methaqualone, trafficking
 6255  in amphetamine, capital importation of amphetamine, trafficking
 6256  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
 6257  (GHB), trafficking in 1,4-Butanediol, trafficking in
 6258  Phenethylamines, or other violation of s. 893.135(1); or
 6259         q. Possession of a firearm by a felon
 6260  
 6261  and during the commission of the offense, such person actually
 6262  possessed a “firearm” or “destructive device” as those terms are
 6263  defined in s. 790.001, shall be sentenced to a minimum term of
 6264  imprisonment of 10 years, except that a person who is convicted
 6265  for possession of a firearm by a felon or burglary of a
 6266  conveyance shall be sentenced to a minimum term of imprisonment
 6267  of 3 years if such person possessed a “firearm” or “destructive
 6268  device” during the commission of the offense. However, if an
 6269  offender who is convicted of the offense of possession of a
 6270  firearm by a felon has a previous conviction of committing or
 6271  attempting to commit a felony listed in s. 775.084(1)(b)1. and
 6272  actually possessed a firearm or destructive device during the
 6273  commission of the prior felony, the offender shall be sentenced
 6274  to a minimum term of imprisonment of 10 years.
 6275         2. Any person who is convicted of a felony or an attempt to
 6276  commit a felony listed in sub-subparagraphs (a)1.a.-p.,
 6277  regardless of whether the use of a weapon is an element of the
 6278  felony, and during the course of the commission of the felony
 6279  such person discharged a “firearm” or “destructive device” as
 6280  defined in s. 790.001 shall be sentenced to a minimum term of
 6281  imprisonment of 20 years.
 6282         3. Any person who is convicted of a felony or an attempt to
 6283  commit a felony listed in sub-subparagraphs (a)1.a.-p.,
 6284  regardless of whether the use of a weapon is an element of the
 6285  felony, and during the course of the commission of the felony
 6286  such person discharged a “firearm” or “destructive device” as
 6287  defined in s. 790.001 and, as the result of the discharge, death
 6288  or great bodily harm was inflicted upon any person, the
 6289  convicted person shall be sentenced to a minimum term of
 6290  imprisonment of not less than 25 years and not more than a term
 6291  of imprisonment of life in prison.
 6292         (3)(a)1. Any person who is convicted of a felony or an
 6293  attempt to commit a felony, regardless of whether the use of a
 6294  firearm is an element of the felony, and the conviction was for:
 6295         a. Murder;
 6296         b. Sexual battery;
 6297         c. Robbery;
 6298         d. Burglary;
 6299         e. Arson;
 6300         f. Aggravated battery;
 6301         g. Kidnapping;
 6302         h. Escape;
 6303         i. Sale, manufacture, delivery, or intent to sell,
 6304  manufacture, or deliver any controlled substance;
 6305         j. Aircraft piracy;
 6306         k. Aggravated child abuse;
 6307         l. Aggravated abuse of an elderly person or disabled adult;
 6308         m. Unlawful throwing, placing, or discharging of a
 6309  destructive device or bomb;
 6310         n. Carjacking;
 6311         o. Home-invasion robbery;
 6312         p. Aggravated stalking; or
 6313         q. Trafficking in cannabis, trafficking in cocaine, capital
 6314  importation of cocaine, trafficking in illegal drugs, capital
 6315  importation of illegal drugs, trafficking in phencyclidine,
 6316  capital importation of phencyclidine, trafficking in
 6317  methaqualone, capital importation of methaqualone, trafficking
 6318  in amphetamine, capital importation of amphetamine, trafficking
 6319  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
 6320  (GHB), trafficking in 1,4-Butanediol, trafficking in
 6321  Phenethylamines, or other violation of s. 893.135(1);
 6322  
 6323  and during the commission of the offense, such person possessed
 6324  a semiautomatic firearm and its high-capacity detachable box
 6325  magazine or a machine gun as defined in s. 790.001, shall be
 6326  sentenced to a minimum term of imprisonment of 15 years.
 6327         2. Any person who is convicted of a felony or an attempt to
 6328  commit a felony listed in subparagraph (a)1., regardless of
 6329  whether the use of a weapon is an element of the felony, and
 6330  during the course of the commission of the felony such person
 6331  discharged a semiautomatic firearm and its high-capacity box
 6332  magazine or a “machine gun” as defined in s. 790.001 shall be
 6333  sentenced to a minimum term of imprisonment of 20 years.
 6334         3. Any person who is convicted of a felony or an attempt to
 6335  commit a felony listed in subparagraph (a)1., regardless of
 6336  whether the use of a weapon is an element of the felony, and
 6337  during the course of the commission of the felony such person
 6338  discharged a semiautomatic firearm and its high-capacity box
 6339  magazine or a “machine gun” as defined in s. 790.001 and, as the
 6340  result of the discharge, death or great bodily harm was
 6341  inflicted upon any person, the convicted person shall be
 6342  sentenced to a minimum term of imprisonment of not less than 25
 6343  years and not more than a term of imprisonment of life in
 6344  prison.
 6345         Section 122. For the purpose of incorporating the amendment
 6346  made by this act to section 893.135, Florida Statutes, in
 6347  references thereto, paragraph (a) of subsection (1) and
 6348  subsections (3) and (4) of section 782.04, Florida Statutes, are
 6349  reenacted to read:
 6350         782.04 Murder.—
 6351         (1)(a) The unlawful killing of a human being:
 6352         1. When perpetrated from a premeditated design to effect
 6353  the death of the person killed or any human being;
 6354         2. When committed by a person engaged in the perpetration
 6355  of, or in the attempt to perpetrate, any:
 6356         a. Trafficking offense prohibited by s. 893.135(1),
 6357         b. Arson,
 6358         c. Sexual battery,
 6359         d. Robbery,
 6360         e. Burglary,
 6361         f. Kidnapping,
 6362         g. Escape,
 6363         h. Aggravated child abuse,
 6364         i. Aggravated abuse of an elderly person or disabled adult,
 6365         j. Aircraft piracy,
 6366         k. Unlawful throwing, placing, or discharging of a
 6367  destructive device or bomb,
 6368         l. Carjacking,
 6369         m. Home-invasion robbery,
 6370         n. Aggravated stalking,
 6371         o. Murder of another human being,
 6372         p. Resisting an officer with violence to his or her person,
 6373         q. Aggravated fleeing or eluding with serious bodily injury
 6374  or death,
 6375         r. Felony that is an act of terrorism or is in furtherance
 6376  of an act of terrorism, including a felony under s. 775.30, s.
 6377  775.32, s. 775.33, s. 775.34, or s. 775.35, or
 6378         s. Human trafficking; or
 6379         3. Which resulted from the unlawful distribution by a
 6380  person 18 years of age or older of any of the following
 6381  substances, or mixture containing any of the following
 6382  substances, when such substance or mixture is proven to be the
 6383  proximate cause of the death of the user:
 6384         a. A substance controlled under s. 893.03(1);
 6385         b. Cocaine, as described in s. 893.03(2)(a)4.;
 6386         c. Opium or any synthetic or natural salt, compound,
 6387  derivative, or preparation of opium;
 6388         d. Methadone;
 6389         e. Alfentanil, as described in s. 893.03(2)(b)1.;
 6390         f. Carfentanil, as described in s. 893.03(2)(b)6.;
 6391         g. Fentanyl, as described in s. 893.03(2)(b)9.;
 6392         h. Sufentanil, as described in s. 893.03(2)(b)30.; or
 6393         i. A controlled substance analog, as described in s.
 6394  893.0356, of any substance specified in sub-subparagraphs a.-h.,
 6395  
 6396  is murder in the first degree and constitutes a capital felony,
 6397  punishable as provided in s. 775.082.
 6398         (3) When a human being is killed during the perpetration
 6399  of, or during the attempt to perpetrate, any:
 6400         (a) Trafficking offense prohibited by s. 893.135(1),
 6401         (b) Arson,
 6402         (c) Sexual battery,
 6403         (d) Robbery,
 6404         (e) Burglary,
 6405         (f) Kidnapping,
 6406         (g) Escape,
 6407         (h) Aggravated child abuse,
 6408         (i) Aggravated abuse of an elderly person or disabled
 6409  adult,
 6410         (j) Aircraft piracy,
 6411         (k) Unlawful throwing, placing, or discharging of a
 6412  destructive device or bomb,
 6413         (l) Carjacking,
 6414         (m) Home-invasion robbery,
 6415         (n) Aggravated stalking,
 6416         (o) Murder of another human being,
 6417         (p) Aggravated fleeing or eluding with serious bodily
 6418  injury or death,
 6419         (q) Resisting an officer with violence to his or her
 6420  person, or
 6421         (r) Felony that is an act of terrorism or is in furtherance
 6422  of an act of terrorism, including a felony under s. 775.30, s.
 6423  775.32, s. 775.33, s. 775.34, or s. 775.35,
 6424  
 6425  by a person other than the person engaged in the perpetration of
 6426  or in the attempt to perpetrate such felony, the person
 6427  perpetrating or attempting to perpetrate such felony commits
 6428  murder in the second degree, which constitutes a felony of the
 6429  first degree, punishable by imprisonment for a term of years not
 6430  exceeding life or as provided in s. 775.082, s. 775.083, or s.
 6431  775.084.
 6432         (4) The unlawful killing of a human being, when perpetrated
 6433  without any design to effect death, by a person engaged in the
 6434  perpetration of, or in the attempt to perpetrate, any felony
 6435  other than any:
 6436         (a) Trafficking offense prohibited by s. 893.135(1),
 6437         (b) Arson,
 6438         (c) Sexual battery,
 6439         (d) Robbery,
 6440         (e) Burglary,
 6441         (f) Kidnapping,
 6442         (g) Escape,
 6443         (h) Aggravated child abuse,
 6444         (i) Aggravated abuse of an elderly person or disabled
 6445  adult,
 6446         (j) Aircraft piracy,
 6447         (k) Unlawful throwing, placing, or discharging of a
 6448  destructive device or bomb,
 6449         (l) Unlawful distribution of any substance controlled under
 6450  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
 6451  opium or any synthetic or natural salt, compound, derivative, or
 6452  preparation of opium by a person 18 years of age or older, when
 6453  such drug is proven to be the proximate cause of the death of
 6454  the user,
 6455         (m) Carjacking,
 6456         (n) Home-invasion robbery,
 6457         (o) Aggravated stalking,
 6458         (p) Murder of another human being,
 6459         (q) Aggravated fleeing or eluding with serious bodily
 6460  injury or death,
 6461         (r) Resisting an officer with violence to his or her
 6462  person, or
 6463         (s) Felony that is an act of terrorism or is in furtherance
 6464  of an act of terrorism, including a felony under s. 775.30, s.
 6465  775.32, s. 775.33, s. 775.34, or s. 775.35,
 6466  
 6467  is murder in the third degree and constitutes a felony of the
 6468  second degree, punishable as provided in s. 775.082, s. 775.083,
 6469  or s. 775.084.
 6470         Section 123. For the purpose of incorporating the amendment
 6471  made by this act to section 893.135, Florida Statutes, in a
 6472  reference thereto, subsection (3) of section 810.02, Florida
 6473  Statutes, is reenacted to read:
 6474         810.02 Burglary.—
 6475         (3) Burglary is a felony of the second degree, punishable
 6476  as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
 6477  course of committing the offense, the offender does not make an
 6478  assault or battery and is not and does not become armed with a
 6479  dangerous weapon or explosive, and the offender enters or
 6480  remains in a:
 6481         (a) Dwelling, and there is another person in the dwelling
 6482  at the time the offender enters or remains;
 6483         (b) Dwelling, and there is not another person in the
 6484  dwelling at the time the offender enters or remains;
 6485         (c) Structure, and there is another person in the structure
 6486  at the time the offender enters or remains;
 6487         (d) Conveyance, and there is another person in the
 6488  conveyance at the time the offender enters or remains;
 6489         (e) Authorized emergency vehicle, as defined in s. 316.003;
 6490  or
 6491         (f) Structure or conveyance when the offense intended to be
 6492  committed therein is theft of a controlled substance as defined
 6493  in s. 893.02. Notwithstanding any other law, separate judgments
 6494  and sentences for burglary with the intent to commit theft of a
 6495  controlled substance under this paragraph and for any applicable
 6496  possession of controlled substance offense under s. 893.13 or
 6497  trafficking in controlled substance offense under s. 893.135 may
 6498  be imposed when all such offenses involve the same amount or
 6499  amounts of a controlled substance.
 6500  
 6501  However, if the burglary is committed within a county that is
 6502  subject to a state of emergency declared by the Governor under
 6503  chapter 252 after the declaration of emergency is made and the
 6504  perpetration of the burglary is facilitated by conditions
 6505  arising from the emergency, the burglary is a felony of the
 6506  first degree, punishable as provided in s. 775.082, s. 775.083,
 6507  or s. 775.084. As used in this subsection, the term “conditions
 6508  arising from the emergency” means civil unrest, power outages,
 6509  curfews, voluntary or mandatory evacuations, or a reduction in
 6510  the presence of or response time for first responders or
 6511  homeland security personnel. A person arrested for committing a
 6512  burglary within a county that is subject to such a state of
 6513  emergency may not be released until the person appears before a
 6514  committing magistrate at a first appearance hearing. For
 6515  purposes of sentencing under chapter 921, a felony offense that
 6516  is reclassified under this subsection is ranked one level above
 6517  the ranking under s. 921.0022 or s. 921.0023 of the offense
 6518  committed.
 6519         Section 124. For the purpose of incorporating the amendment
 6520  made by this act to section 893.135, Florida Statutes, in a
 6521  reference thereto, paragraph (d) of subsection (8) of section
 6522  893.13, Florida Statutes, is reenacted to read:
 6523         893.13 Prohibited acts; penalties.—
 6524         (8)
 6525         (d) Notwithstanding paragraph (c), if a prescribing
 6526  practitioner has violated paragraph (a) and received $1,000 or
 6527  more in payment for writing one or more prescriptions or, in the
 6528  case of a prescription written for a controlled substance
 6529  described in s. 893.135, has written one or more prescriptions
 6530  for a quantity of a controlled substance which, individually or
 6531  in the aggregate, meets the threshold for the offense of
 6532  trafficking in a controlled substance under s. 893.135, the
 6533  violation is reclassified as a felony of the second degree and
 6534  ranked in level 4 of the Criminal Punishment Code.
 6535         Section 125. For the purpose of incorporating the amendment
 6536  made by this act to section 893.135, Florida Statutes, in
 6537  references thereto, subsections (1) and (2) of section 893.1351,
 6538  Florida Statutes, are reenacted to read:
 6539         893.1351 Ownership, lease, rental, or possession for
 6540  trafficking in or manufacturing a controlled substance.—
 6541         (1) A person may not own, lease, or rent any place,
 6542  structure, or part thereof, trailer, or other conveyance with
 6543  the knowledge that the place, structure, trailer, or conveyance
 6544  will be used for the purpose of trafficking in a controlled
 6545  substance, as provided in s. 893.135; for the sale of a
 6546  controlled substance, as provided in s. 893.13; or for the
 6547  manufacture of a controlled substance intended for sale or
 6548  distribution to another. A person who violates this subsection
 6549  commits a felony of the third degree, punishable as provided in
 6550  s. 775.082, s. 775.083, or s. 775.084.
 6551         (2) A person may not knowingly be in actual or constructive
 6552  possession of any place, structure, or part thereof, trailer, or
 6553  other conveyance with the knowledge that the place, structure,
 6554  or part thereof, trailer, or conveyance will be used for the
 6555  purpose of trafficking in a controlled substance, as provided in
 6556  s. 893.135; for the sale of a controlled substance, as provided
 6557  in s. 893.13; or for the manufacture of a controlled substance
 6558  intended for sale or distribution to another. A person who
 6559  violates this subsection commits a felony of the second degree,
 6560  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 6561         Section 126. For the purpose of incorporating the amendment
 6562  made by this act to section 893.135, Florida Statutes, in a
 6563  reference thereto, paragraph (e) of subsection (3) of section
 6564  900.05, Florida Statutes, is reenacted to read:
 6565         900.05 Criminal justice data collection.—
 6566         (3) DATA COLLECTION AND REPORTING.—Beginning January 1,
 6567  2019, an entity required to collect data in accordance with this
 6568  subsection shall collect the specified data required of the
 6569  entity on a biweekly basis. Each entity shall report the data
 6570  collected in accordance with this subsection to the Department
 6571  of Law Enforcement on a monthly basis.
 6572         (e) Department of Corrections.—The Department of
 6573  Corrections shall collect the following data:
 6574         1. Information related to each inmate, including:
 6575         a. Identifying information, including name, date of birth,
 6576  race or ethnicity, and identification number assigned by the
 6577  department.
 6578         b. Number of children.
 6579         c. Education level, including any vocational training.
 6580         d. Date the inmate was admitted to the custody of the
 6581  department.
 6582         e. Current institution placement and the security level
 6583  assigned to the institution.
 6584         f. Custody level assignment.
 6585         g. Qualification for a flag designation as defined in this
 6586  section, including sexual offender flag, habitual offender flag,
 6587  gang affiliation flag, or concurrent or consecutive sentence
 6588  flag.
 6589         h. County that committed the prisoner to the custody of the
 6590  department.
 6591         i. Whether the reason for admission to the department is
 6592  for a new conviction or a violation of probation, community
 6593  control, or parole. For an admission for a probation, community
 6594  control, or parole violation, the department shall report
 6595  whether the violation was technical or based on a new violation
 6596  of law.
 6597         j. Specific statutory citation for which the inmate was
 6598  committed to the department, including, for an inmate convicted
 6599  of drug trafficking under s. 893.135, the statutory citation for
 6600  each specific drug trafficked.
 6601         k. Length of sentence or concurrent or consecutive
 6602  sentences served.
 6603         l. Tentative release date.
 6604         m. Gain time earned in accordance with s. 944.275.
 6605         n. Prior incarceration within the state.
 6606         o. Disciplinary violation and action.
 6607         p. Participation in rehabilitative or educational programs
 6608  while in the custody of the department.
 6609         2. Information about each state correctional institution or
 6610  facility, including:
 6611         a. Budget for each state correctional institution or
 6612  facility.
 6613         b. Daily prison population of all inmates incarcerated in a
 6614  state correctional institution or facility.
 6615         c. Daily number of correctional officers for each state
 6616  correctional institution or facility.
 6617         3. Information related to persons supervised by the
 6618  department on probation or community control, including:
 6619         a. Identifying information for each person supervised by
 6620  the department on probation or community control, including his
 6621  or her name, date of birth, race or ethnicity, sex, and
 6622  department-assigned case number.
 6623         b. Length of probation or community control sentence
 6624  imposed and amount of time that has been served on such
 6625  sentence.
 6626         c. Projected termination date for probation or community
 6627  control.
 6628         d. Revocation of probation or community control due to a
 6629  violation, including whether the revocation is due to a
 6630  technical violation of the conditions of supervision or from the
 6631  commission of a new law violation.
 6632         4. Per diem rates for:
 6633         a. Prison bed.
 6634         b. Probation.
 6635         c. Community control.
 6636  
 6637  This information only needs to be reported once annually at the
 6638  time the most recent per diem rate is published.
 6639         Section 127. For the purpose of incorporating the amendment
 6640  made by this act to section 893.135, Florida Statutes, in a
 6641  reference thereto, section 903.133, Florida Statutes, is
 6642  reenacted to read:
 6643         903.133 Bail on appeal; prohibited for certain felony
 6644  convictions.—Notwithstanding the provisions of s. 903.132, no
 6645  person adjudged guilty of a felony of the first degree for a
 6646  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
 6647  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
 6648  violation of s. 794.011(2) or (3), shall be admitted to bail
 6649  pending review either by posttrial motion or appeal.
 6650         Section 128. For the purpose of incorporating the amendment
 6651  made by this act to section 893.135, Florida Statutes, in a
 6652  reference thereto, paragraph (c) of subsection (4) of section
 6653  907.041, Florida Statutes, is reenacted to read:
 6654         907.041 Pretrial detention and release.—
 6655         (4) PRETRIAL DETENTION.—
 6656         (c) The court may order pretrial detention if it finds a
 6657  substantial probability, based on a defendant’s past and present
 6658  patterns of behavior, the criteria in s. 903.046, and any other
 6659  relevant facts, that any of the following circumstances exist:
 6660         1. The defendant has previously violated conditions of
 6661  release and that no further conditions of release are reasonably
 6662  likely to assure the defendant’s appearance at subsequent
 6663  proceedings;
 6664         2. The defendant, with the intent to obstruct the judicial
 6665  process, has threatened, intimidated, or injured any victim,
 6666  potential witness, juror, or judicial officer, or has attempted
 6667  or conspired to do so, and that no condition of release will
 6668  reasonably prevent the obstruction of the judicial process;
 6669         3. The defendant is charged with trafficking in controlled
 6670  substances as defined by s. 893.135, that there is a substantial
 6671  probability that the defendant has committed the offense, and
 6672  that no conditions of release will reasonably assure the
 6673  defendant’s appearance at subsequent criminal proceedings;
 6674         4. The defendant is charged with DUI manslaughter, as
 6675  defined by s. 316.193, and that there is a substantial
 6676  probability that the defendant committed the crime and that the
 6677  defendant poses a threat of harm to the community; conditions
 6678  that would support a finding by the court pursuant to this
 6679  subparagraph that the defendant poses a threat of harm to the
 6680  community include, but are not limited to, any of the following:
 6681         a. The defendant has previously been convicted of any crime
 6682  under s. 316.193, or of any crime in any other state or
 6683  territory of the United States that is substantially similar to
 6684  any crime under s. 316.193;
 6685         b. The defendant was driving with a suspended driver
 6686  license when the charged crime was committed; or
 6687         c. The defendant has previously been found guilty of, or
 6688  has had adjudication of guilt withheld for, driving while the
 6689  defendant’s driver license was suspended or revoked in violation
 6690  of s. 322.34;
 6691         5. The defendant poses the threat of harm to the community.
 6692  The court may so conclude, if it finds that the defendant is
 6693  presently charged with a dangerous crime, that there is a
 6694  substantial probability that the defendant committed such crime,
 6695  that the factual circumstances of the crime indicate a disregard
 6696  for the safety of the community, and that there are no
 6697  conditions of release reasonably sufficient to protect the
 6698  community from the risk of physical harm to persons;
 6699         6. The defendant was on probation, parole, or other release
 6700  pending completion of sentence or on pretrial release for a
 6701  dangerous crime at the time the current offense was committed;
 6702         7. The defendant has violated one or more conditions of
 6703  pretrial release or bond for the offense currently before the
 6704  court and the violation, in the discretion of the court,
 6705  supports a finding that no conditions of release can reasonably
 6706  protect the community from risk of physical harm to persons or
 6707  assure the presence of the accused at trial; or
 6708         8.a. The defendant has ever been sentenced pursuant to s.
 6709  775.082(9) or s. 775.084 as a prison releasee reoffender,
 6710  habitual violent felony offender, three-time violent felony
 6711  offender, or violent career criminal, or the state attorney
 6712  files a notice seeking that the defendant be sentenced pursuant
 6713  to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
 6714  habitual violent felony offender, three-time violent felony
 6715  offender, or violent career criminal;
 6716         b. There is a substantial probability that the defendant
 6717  committed the offense; and
 6718         c. There are no conditions of release that can reasonably
 6719  protect the community from risk of physical harm or ensure the
 6720  presence of the accused at trial.
 6721         Section 129. For the purpose of incorporating the amendment
 6722  made by this act to section 893.135, Florida Statutes, in a
 6723  reference thereto, subsection (9) of section 921.141, Florida
 6724  Statutes, is reenacted to read:
 6725         921.141 Sentence of death or life imprisonment for capital
 6726  felonies; further proceedings to determine sentence.—
 6727         (9) APPLICABILITY.—This section does not apply to a person
 6728  convicted or adjudicated guilty of a capital drug trafficking
 6729  felony under s. 893.135.
 6730         Section 130. For the purpose of incorporating the amendment
 6731  made by this act to section 893.135, Florida Statutes, in a
 6732  reference thereto, subsection (2) of section 921.142, Florida
 6733  Statutes, is reenacted to read:
 6734         921.142 Sentence of death or life imprisonment for capital
 6735  drug trafficking felonies; further proceedings to determine
 6736  sentence.—
 6737         (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.—Upon
 6738  conviction or adjudication of guilt of a defendant of a capital
 6739  felony under s. 893.135, the court shall conduct a separate
 6740  sentencing proceeding to determine whether the defendant should
 6741  be sentenced to death or life imprisonment as authorized by s.
 6742  775.082. The proceeding shall be conducted by the trial judge
 6743  before the trial jury as soon as practicable. If, through
 6744  impossibility or inability, the trial jury is unable to
 6745  reconvene for a hearing on the issue of penalty, having
 6746  determined the guilt of the accused, the trial judge may summon
 6747  a special juror or jurors as provided in chapter 913 to
 6748  determine the issue of the imposition of the penalty. If the
 6749  trial jury has been waived, or if the defendant pleaded guilty,
 6750  the sentencing proceeding shall be conducted before a jury
 6751  impaneled for that purpose, unless waived by the defendant. In
 6752  the proceeding, evidence may be presented as to any matter that
 6753  the court deems relevant to the nature of the crime and the
 6754  character of the defendant and shall include matters relating to
 6755  any of the aggravating factors enumerated in subsection (7) and
 6756  for which notice has been provided pursuant to s. 782.04(1)(b)
 6757  or mitigating circumstances enumerated in subsection (8). Any
 6758  such evidence that the court deems to have probative value may
 6759  be received, regardless of its admissibility under the
 6760  exclusionary rules of evidence, provided the defendant is
 6761  accorded a fair opportunity to rebut any hearsay statements.
 6762  However, this subsection shall not be construed to authorize the
 6763  introduction of any evidence secured in violation of the
 6764  Constitution of the United States or the Constitution of the
 6765  State of Florida. The state and the defendant or the defendant’s
 6766  counsel shall be permitted to present argument for or against
 6767  sentence of death.
 6768         Section 131. For the purpose of incorporating the amendment
 6769  made by this act to section 944.704, Florida Statutes, in a
 6770  reference thereto, paragraph (a) of subsection (3) of section
 6771  944.026, Florida Statutes, is reenacted to read:
 6772         944.026 Community-based facilities and programs.—
 6773         (3)(a) The department shall develop and implement
 6774  procedures to diagnose offenders prior to sentencing, for the
 6775  purpose of recommending to the sentencing court suitable
 6776  candidates for placement in a community-based residential drug
 6777  treatment facility or probation and restitution center as
 6778  provided in this section. The department shall also develop and
 6779  implement procedures to properly identify inmates prior to
 6780  release who demonstrate the need for or interest in and
 6781  suitability for placement in a community-based substance abuse
 6782  transition housing program as provided in this section and
 6783  pursuant to ss. 944.4731 and 944.704.
 6784         Section 132. For the purpose of incorporating the amendment
 6785  made by this act to section 944.705, Florida Statutes, in a
 6786  reference thereto, subsection (6) of section 944.4731, Florida
 6787  Statutes, is reenacted to read:
 6788         944.4731 Addiction-Recovery Supervision Program.—
 6789         (6) Six months before an offender is released, the chaplain
 6790  and transition assistance specialist at the institution where
 6791  the offender is incarcerated shall initiate the prerelease
 6792  screening process in addition to the basic release orientation
 6793  required under s. 944.705.
 6794         (a) The transition assistance specialist and the chaplain
 6795  shall provide a list of contracted private providers, including
 6796  faith-based providers, to the offender and facilitate the
 6797  application process. The transition assistance specialist shall
 6798  inform the offender of program availability and assess the
 6799  offender’s need and suitability for substance abuse transition
 6800  housing assistance. If an offender is approved for placement,
 6801  the specialist shall assist the offender and coordinate the
 6802  release of the offender with the selected program. If an
 6803  offender requests and is approved for placement in a contracted
 6804  faith-based substance abuse transition housing program, the
 6805  specialist must consult with the chaplain prior to such
 6806  placement. A right to substance abuse program services is not
 6807  stated, intended, or otherwise implied by this section.
 6808         (b) If an offender has participated in a faith-based
 6809  program while incarcerated or housed at a community correctional
 6810  center and the same or a similar faith-based provider offers a
 6811  contracted substance abuse transition housing program, the
 6812  department shall make every attempt to maintain this continuum
 6813  of care.
 6814         Section 133. For the purpose of incorporating the amendment
 6815  made by this act to section 944.801, Florida Statutes, in a
 6816  reference thereto, subsection (2) of section 447.203, Florida
 6817  Statutes, is reenacted to read:
 6818         447.203 Definitions.—As used in this part:
 6819         (2) “Public employer” or “employer” means the state or any
 6820  county, municipality, or special district or any subdivision or
 6821  agency thereof which the commission determines has sufficient
 6822  legal distinctiveness properly to carry out the functions of a
 6823  public employer. With respect to all public employees determined
 6824  by the commission as properly belonging to a statewide
 6825  bargaining unit composed of State Career Service System
 6826  employees or Selected Professional Service employees, the
 6827  Governor shall be deemed to be the public employer; and the
 6828  Board of Governors of the State University System, or the
 6829  board’s designee, shall be deemed to be the public employer with
 6830  respect to all public employees of each constituent state
 6831  university. The board of trustees of a community college shall
 6832  be deemed to be the public employer with respect to all
 6833  employees of the community college. The district school board
 6834  shall be deemed to be the public employer with respect to all
 6835  employees of the school district. The Board of Trustees of the
 6836  Florida School for the Deaf and the Blind shall be deemed to be
 6837  the public employer with respect to the academic and academic
 6838  administrative personnel of the Florida School for the Deaf and
 6839  the Blind. The Governor shall be deemed to be the public
 6840  employer with respect to all employees in the Correctional
 6841  Education Program of the Department of Corrections established
 6842  pursuant to s. 944.801.
 6843         Section 134. For the purpose of incorporating the amendment
 6844  made by this act to section 948.013, Florida Statutes, in a
 6845  reference thereto, paragraph (n) of subsection (1) of section
 6846  921.187, Florida Statutes, is reenacted to read:
 6847         921.187 Disposition and sentencing; alternatives;
 6848  restitution.—
 6849         (1) The alternatives provided in this section for the
 6850  disposition of criminal cases shall be used in a manner that
 6851  will best serve the needs of society, punish criminal offenders,
 6852  and provide the opportunity for rehabilitation. If the offender
 6853  does not receive a state prison sentence, the court may:
 6854         (n) Impose split probation whereby upon satisfactory
 6855  completion of half the term of probation, the Department of
 6856  Corrections may place the offender on administrative probation
 6857  pursuant to s. 948.013 for the remainder of the term of
 6858  supervision.
 6859         Section 135. For the purpose of incorporating the amendment
 6860  made by this act to section 948.06, Florida Statutes, in a
 6861  reference thereto, paragraph (b) of subsection (2) of section
 6862  948.012, Florida Statutes, is reenacted to read:
 6863         948.012 Split sentence of probation or community control
 6864  and imprisonment.—
 6865         (2) The court may also impose a split sentence whereby the
 6866  defendant is sentenced to a term of probation which may be
 6867  followed by a period of incarceration or, with respect to a
 6868  felony, into community control, as follows:
 6869         (b) If the offender does not meet the terms and conditions
 6870  of probation or community control, the court may revoke, modify,
 6871  or continue the probation or community control as provided in s.
 6872  948.06. If the probation or community control is revoked, the
 6873  court may impose any sentence that it could have imposed at the
 6874  time the offender was placed on probation or community control.
 6875  The court may not provide credit for time served for any portion
 6876  of a probation or community control term toward a subsequent
 6877  term of probation or community control. However, the court may
 6878  not impose a subsequent term of probation or community control
 6879  which, when combined with any amount of time served on preceding
 6880  terms of probation or community control for offenses pending
 6881  before the court for sentencing, would exceed the maximum
 6882  penalty allowable as provided in s. 775.082. Such term of
 6883  incarceration shall be served under applicable law or county
 6884  ordinance governing service of sentences in state or county
 6885  jurisdiction. This paragraph does not prohibit any other
 6886  sanction provided by law.
 6887         Section 136. For the purpose of incorporating the amendment
 6888  made by this act to section 948.06, Florida Statutes, in a
 6889  reference thereto, subsection (3) of section 948.10, Florida
 6890  Statutes, is reenacted to read:
 6891         948.10 Community control programs; home confinement.—
 6892         (3) Procedures governing violations of community control
 6893  are the same as those described in s. 948.06 with respect to
 6894  probation.
 6895         Section 137. For the purpose of incorporating the amendment
 6896  made by this act to section 948.06, Florida Statutes, in a
 6897  reference thereto, subsection (3) of section 948.20, Florida
 6898  Statutes, is reenacted to read:
 6899         948.20 Drug offender probation.—
 6900         (3) Offenders placed on drug offender probation are subject
 6901  to revocation of probation as provided in s. 948.06.
 6902         Section 138. For the purpose of incorporating the amendment
 6903  made by this act to section 948.06, Florida Statutes, in a
 6904  reference thereto, section 958.14, Florida Statutes, is
 6905  reenacted to read:
 6906         958.14 Violation of probation or community control
 6907  program.—A violation or alleged violation of probation or the
 6908  terms of a community control program shall subject the youthful
 6909  offender to the provisions of s. 948.06. However, no youthful
 6910  offender shall be committed to the custody of the department for
 6911  a substantive violation for a period longer than the maximum
 6912  sentence for the offense for which he or she was found guilty,
 6913  with credit for time served while incarcerated, or for a
 6914  technical or nonsubstantive violation for a period longer than 6
 6915  years or for a period longer than the maximum sentence for the
 6916  offense for which he or she was found guilty, whichever is less,
 6917  with credit for time served while incarcerated.
 6918         Section 139. For the purpose of incorporating the amendment
 6919  made by this act to section 948.08, Florida Statutes, in a
 6920  reference thereto, paragraph (b) of subsection (4) of section
 6921  796.07, Florida Statutes, is reenacted to read:
 6922         796.07 Prohibiting prostitution and related acts.—
 6923         (4)
 6924         (b) A person who is charged with a third or subsequent
 6925  violation of this section, other than paragraph (2)(f), shall be
 6926  offered admission to a pretrial intervention program or a
 6927  substance abuse treatment program as provided in s. 948.08.
 6928         Section 140. For the purpose of incorporating the amendment
 6929  made by this act to section 948.08, Florida Statutes, in a
 6930  reference thereto, paragraph (b) of subsection (3) of section
 6931  944.026, Florida Statutes, is reenacted to read:
 6932         944.026 Community-based facilities and programs.—
 6933         (3)
 6934         (b) Pretrial intervention programs in appropriate counties
 6935  to provide early counseling and supervision services to
 6936  specified offenders as provided in s. 948.08.
 6937         Section 141. For the purpose of incorporating the amendment
 6938  made by this act to section 948.08, Florida Statutes, in a
 6939  reference thereto, subsection (1) of section 948.036, Florida
 6940  Statutes, is reenacted to read:
 6941         948.036 Work programs as a condition of probation,
 6942  community control, or other court-ordered community
 6943  supervision.—
 6944         (1) Whenever an offender is required by the court to
 6945  participate in any work program under the provisions of this
 6946  chapter, enters into the pretrial intervention program pursuant
 6947  to s. 948.08, or volunteers to work in a supervised work program
 6948  conducted by a specified state, county, municipal, or community
 6949  service organization or to work for the victim, either as an
 6950  alternative to monetary restitution or as a part of the
 6951  rehabilitative or community control program, the offender shall
 6952  be considered an employee of the state for the purposes of
 6953  chapter 440.
 6954         Section 142. For the purpose of incorporating the
 6955  amendments made by this act to section 948.08. Florida Statutes,
 6956  in a reference thereto, subsection (2) of section 394.47892,
 6957  Florida Statutes, is reenacted to read:
 6958         394.47892 Mental health court programs.—
 6959         (2) Mental health court programs may include pretrial
 6960  intervention programs as provided in ss. 948.08, 948.16, and
 6961  985.345, postadjudicatory mental health court programs as
 6962  provided in ss. 948.01 and 948.06, and review of the status of
 6963  compliance or noncompliance of sentenced defendants through a
 6964  mental health court program.
 6965         Section 143. For the purpose of incorporating the
 6966  amendments made by this act to section 948.08, Florida Statutes,
 6967  in a reference thereto, subsection (5) of section 397.334,
 6968  Florida Statutes, is reenacted to read:
 6969         397.334 Treatment-based drug court programs.—
 6970         (5) Treatment-based drug court programs may include
 6971  pretrial intervention programs as provided in ss. 948.08,
 6972  948.16, and 985.345, treatment-based drug court programs
 6973  authorized in chapter 39, postadjudicatory programs as provided
 6974  in ss. 948.01, 948.06, and 948.20, and review of the status of
 6975  compliance or noncompliance of sentenced offenders through a
 6976  treatment-based drug court program. While enrolled in a
 6977  treatment-based drug court program, the participant is subject
 6978  to a coordinated strategy developed by a drug court team under
 6979  subsection (4). The coordinated strategy may include a protocol
 6980  of sanctions that may be imposed upon the participant for
 6981  noncompliance with program rules. The protocol of sanctions may
 6982  include, but is not limited to, placement in a substance abuse
 6983  treatment program offered by a licensed service provider as
 6984  defined in s. 397.311 or in a jail-based treatment program or
 6985  serving a period of secure detention under chapter 985 if a
 6986  child or a period of incarceration within the time limits
 6987  established for contempt of court if an adult. The coordinated
 6988  strategy must be provided in writing to the participant before
 6989  the participant agrees to enter into a treatment-based drug
 6990  court program.
 6991         Section 144. For the purpose of incorporating the
 6992  amendments made by this act to section 948.08, Florida Statutes,
 6993  in a reference thereto, paragraph (a) of subsection (5) of
 6994  section 910.035, Florida Statutes, is reenacted to read:
 6995         910.035 Transfer from county for plea, sentence, or
 6996  participation in a problem-solving court.—
 6997         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
 6998         (a) For purposes of this subsection, the term “problem
 6999  solving court” means a drug court pursuant to s. 948.01, s.
 7000  948.06, s. 948.08, s. 948.16, or s. 948.20; a military veterans’
 7001  and servicemembers’ court pursuant to s. 394.47891, s. 948.08,
 7002  s. 948.16, or s. 948.21; a mental health court program pursuant
 7003  to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16;
 7004  or a delinquency pretrial intervention court program pursuant to
 7005  s. 985.345.
 7006         Section 145. For the purpose of incorporating the amendment
 7007  made by this act to section 958.04, Florida Statutes, in a
 7008  reference thereto, subsection (5) of section 958.03, Florida
 7009  Statutes, is reenacted to read:
 7010         958.03 Definitions.—As used in this act:
 7011         (5) “Youthful offender” means any person who is sentenced
 7012  as such by the court or is classified as such by the department
 7013  pursuant to s. 958.04.
 7014         Section 146. For the purpose of incorporating the amendment
 7015  made by this act to section 958.04, Florida Statutes, in a
 7016  reference thereto, paragraph (a) of subsection (8) of section
 7017  958.045, Florida Statutes, is reenacted to read:
 7018         958.045 Youthful offender basic training program.—
 7019         (8)(a) The Assistant Secretary for Youthful Offenders shall
 7020  continuously screen all institutions, facilities, and programs
 7021  for any inmate who meets the eligibility requirements for
 7022  youthful offender designation specified in s. 958.04, whose age
 7023  does not exceed 24 years. The department may classify and assign
 7024  as a youthful offender any inmate who meets the criteria of s.
 7025  958.04.
 7026         Section 147. For the purpose of incorporating the amendment
 7027  made by this act to section 958.04, Florida Statutes, in a
 7028  reference thereto, section 958.046, Florida Statutes, is
 7029  reenacted to read:
 7030         958.046 Placement in county-operated boot camp programs for
 7031  youthful offenders.—In counties where there are county-operated
 7032  youthful offender boot camp programs, other than boot camps
 7033  described in s. 958.04, the court may sentence a youthful
 7034  offender to such a boot camp. In county-operated youthful
 7035  offender boot camp programs, juvenile offenders shall not be
 7036  commingled with youthful offenders.
 7037         Section 148. For the purpose of incorporating the amendment
 7038  made by this act to section 958.04, Florida Statutes, in a
 7039  reference thereto, paragraph (c) of subsection (4) of section
 7040  985.565, Florida Statutes, is reenacted to read:
 7041         985.565 Sentencing powers; procedures; alternatives for
 7042  juveniles prosecuted as adults.—
 7043         (4) SENTENCING ALTERNATIVES.—
 7044         (c) Adult sanctions upon failure of juvenile sanctions.—If
 7045  a child proves not to be suitable to a commitment program,
 7046  juvenile probation program, or treatment program under paragraph
 7047  (b), the department shall provide the sentencing court with a
 7048  written report outlining the basis for its objections to the
 7049  juvenile sanction and shall simultaneously provide a copy of the
 7050  report to the state attorney and the defense counsel. The
 7051  department shall schedule a hearing within 30 days. Upon
 7052  hearing, the court may revoke the previous adjudication, impose
 7053  an adjudication of guilt, and impose any sentence which it may
 7054  lawfully impose, giving credit for all time spent by the child
 7055  in the department. The court may also classify the child as a
 7056  youthful offender under s. 958.04, if appropriate. For purposes
 7057  of this paragraph, a child may be found not suitable to a
 7058  commitment program, community control program, or treatment
 7059  program under paragraph (b) if the child commits a new violation
 7060  of law while under juvenile sanctions, if the child commits any
 7061  other violation of the conditions of juvenile sanctions, or if
 7062  the child’s actions are otherwise determined by the court to
 7063  demonstrate a failure of juvenile sanctions.
 7064  
 7065  It is the intent of the Legislature that the criteria and
 7066  guidelines in this subsection are mandatory and that a
 7067  determination of disposition under this subsection is subject to
 7068  the right of the child to appellate review under s. 985.534.
 7069         Section 149. For the purpose of incorporating the amendment
 7070  made by this act to section 985.557, Florida Statutes, in a
 7071  reference thereto, subsection (3) of section 985.556, Florida
 7072  Statutes, is reenacted to read:
 7073         985.556 Waiver of juvenile court jurisdiction; hearing.—
 7074         (3) INVOLUNTARY MANDATORY WAIVER.—
 7075         (a) If the child was 14 years of age or older, and if the
 7076  child has been previously adjudicated delinquent for an act
 7077  classified as a felony, which adjudication was for the
 7078  commission of, attempt to commit, or conspiracy to commit
 7079  murder, sexual battery, armed or strong-armed robbery,
 7080  carjacking, home-invasion robbery, aggravated battery,
 7081  aggravated assault, or burglary with an assault or battery, and
 7082  the child is currently charged with a second or subsequent
 7083  violent crime against a person; or
 7084         (b) If the child was 14 years of age or older at the time
 7085  of commission of a fourth or subsequent alleged felony offense
 7086  and the child was previously adjudicated delinquent or had
 7087  adjudication withheld for or was found to have committed, or to
 7088  have attempted or conspired to commit, three offenses that are
 7089  felony offenses if committed by an adult, and one or more of
 7090  such felony offenses involved the use or possession of a firearm
 7091  or violence against a person;
 7092  
 7093  the state attorney shall request the court to transfer and
 7094  certify the child for prosecution as an adult or shall provide
 7095  written reasons to the court for not making such request, or
 7096  proceed under s. 985.557(1). Upon the state attorney’s request,
 7097  the court shall either enter an order transferring the case and
 7098  certifying the case for trial as if the child were an adult or
 7099  provide written reasons for not issuing such an order.
 7100         Section 150. For the purpose of incorporating the amendment
 7101  made by this act to section 985.557, Florida Statutes, in a
 7102  reference thereto, subsection (1) of section 985.15, Florida
 7103  Statutes, is reenacted to read:
 7104         985.15 Filing decisions.—
 7105         (1) The state attorney may in all cases take action
 7106  independent of the action or lack of action of the juvenile
 7107  probation officer and shall determine the action that is in the
 7108  best interest of the public and the child. If the child meets
 7109  the criteria requiring prosecution as an adult under s. 985.556,
 7110  the state attorney shall request the court to transfer and
 7111  certify the child for prosecution as an adult or shall provide
 7112  written reasons to the court for not making such a request. In
 7113  all other cases, the state attorney may:
 7114         (a) File a petition for dependency;
 7115         (b) File a petition under chapter 984;
 7116         (c) File a petition for delinquency;
 7117         (d) File a petition for delinquency with a motion to
 7118  transfer and certify the child for prosecution as an adult;
 7119         (e) File an information under s. 985.557;
 7120         (f) Refer the case to a grand jury;
 7121         (g) Refer the child to a diversionary, pretrial
 7122  intervention, arbitration, or mediation program, or to some
 7123  other treatment or care program if such program commitment is
 7124  voluntarily accepted by the child or the child’s parents or
 7125  legal guardian; or
 7126         (h) Decline to file.
 7127         Section 151. For the purpose of incorporating the amendment
 7128  made by this act to section 985.557, Florida Statutes, in a
 7129  reference thereto, paragraph (c) of subsection (2) of section
 7130  985.26, Florida Statutes, is reenacted to read:
 7131         985.26 Length of detention.—
 7132         (2)
 7133         (c) A prolific juvenile offender under s. 985.255(1)(j)
 7134  shall be placed on nonsecure detention care with electronic
 7135  monitoring or in secure detention care under a special detention
 7136  order until disposition. If secure detention care is ordered by
 7137  the court, it must be authorized under this part and may not
 7138  exceed:
 7139         1. Twenty-one days unless an adjudicatory hearing for the
 7140  case has been commenced in good faith by the court or the period
 7141  is extended by the court pursuant to paragraph (b); or
 7142         2. Fifteen days after the entry of an order of
 7143  adjudication.
 7144  
 7145  As used in this paragraph, the term “disposition” means a
 7146  declination to file under s. 985.15(1)(h), the entry of nolle
 7147  prosequi for the charges, the filing of an indictment under s.
 7148  985.56 or an information under s. 985.557, a dismissal of the
 7149  case, or an order of final disposition by the court.
 7150         Section 152. Criminal Punishment Code Task Force.—
 7151         (1) The Task Force on the Criminal Punishment Code, a task
 7152  force as defined in s. 20.03(8), Florida Statutes, is created
 7153  adjunct to the Department of Legal Affairs. The Legislature
 7154  finds that there is a need to review sentencing for noncapital
 7155  felony offenses under the Criminal Punishment Code. Therefore,
 7156  the task force is created for the purpose of reviewing,
 7157  evaluating, and making recommendations regarding sentencing for
 7158  and ranking of noncapital felony offenses under the Criminal
 7159  Punishment Code, including, but not limited to, whether current
 7160  sentencing for noncapital felony offenses is appropriate to the
 7161  level of the crime committed, whether current enhancements for
 7162  those offenses are appropriate, and whether judicial discretion
 7163  should be allowed with regard to mandatory minimum sentences for
 7164  those offenses. The task force shall include an analysis of best
 7165  practices in its review.
 7166         (2) The task force is composed of the following members:
 7167         (a) The Attorney General, or a designee of the Attorney
 7168  General, who shall serve as chair of the task force.
 7169         (b) The Secretary of Corrections, or a designee of the
 7170  secretary.
 7171         (c) Two members appointed by the President of the Senate,
 7172  one of whom must be a public defender.
 7173         (d) Two members appointed by the Speaker of the House of
 7174  Representatives, one of whom must be a state attorney.
 7175         (e) Two members appointed by the Chief Justice of the
 7176  Supreme Court, one of whom must be a circuit judge currently
 7177  assigned to a felony division.
 7178  
 7179  Any vacancies on the task force shall be filled in the same
 7180  manner as the original appointments. Appointments to the task
 7181  force shall be made no later than July 15, 2019.
 7182         (3)The task force shall endeavor to meet at least twice
 7183  monthly throughout its duration and is encouraged to take input
 7184  from all stakeholders involved in the criminal justice system.
 7185  The first meeting of the task force shall occur no later than
 7186  August 15, 2019. The Attorney General shall designate staff of
 7187  the Department of Legal Affairs to provide support to the task
 7188  force.
 7189         (4) Upon the Attorney General’s request, the Department of
 7190  Corrections and the Office of the State Courts Administrator
 7191  shall provide necessary data collection and analysis, research,
 7192  and support services to the task force.
 7193         (5)Members of the task force may not receive compensation
 7194  other than their usual salaries received from their employers,
 7195  but are entitled to reimbursement for per diem and travel
 7196  expenses from their employers in accordance with s. 112.061,
 7197  Florida Statutes.
 7198         (6)The task force shall submit a report to the Governor,
 7199  the President of the Senate, the Speaker of the House of
 7200  Representatives, and the Chief Justice of the Supreme Court no
 7201  later than June 30, 2020, which must include, at a minimum, the
 7202  issues considered by the task force, any recommendations for
 7203  legislative changes, and an analysis of the expected impact of
 7204  such recommendations if enacted by the Legislature. The task
 7205  force is dissolved upon submission of the report.
 7206         (7) This section expires July 1, 2020.
 7207         Section 153. For the 2019-2020 fiscal year, the sum of
 7208  $250,000 in nonrecurring funds is appropriated from the General
 7209  Revenue Fund to the Department of Legal Affairs for the purpose
 7210  of implementing the Criminal Punishment Code Task Force.
 7211         Section 154. Except as otherwise expressly provided in this
 7212  act, and except for this section, which shall take effect upon
 7213  this act becoming a law, this act shall take effect October 1,
 7214  2019.
 7215  
 7216  ================= T I T L E  A M E N D M E N T ================
 7217  And the title is amended as follows:
 7218         Delete everything before the enacting clause
 7219  and insert:
 7220                        A bill to be entitled                      
 7221         An act relating to public safety; amending s. 16.555,
 7222         F.S.; providing for reallocation of unencumbered funds
 7223         returned to the Crime Stoppers Trust Fund; specifying
 7224         permissible uses for funds awarded to counties from
 7225         the trust fund; creating s. 16.557, F.S.; defining
 7226         terms; providing criminal penalties for disclosure of
 7227         privileged communications or protected information or
 7228         information concerning such communications or
 7229         information; providing exceptions; creating s. 25.025,
 7230         F.S.; authorizing certain Supreme Court justices to
 7231         have an appropriate facility in their district of
 7232         residence designated as their official headquarters;
 7233         providing that an official headquarters may serve only
 7234         as a justice’s private chambers; providing that such
 7235         justices are eligible for a certain subsistence
 7236         allowance and reimbursement for certain transportation
 7237         expenses; requiring that such allowance and
 7238         reimbursement be made to the extent appropriated funds
 7239         are available, as determined by the Chief Justice;
 7240         requiring the Chief Justice to coordinate with certain
 7241         persons in designating official headquarters;
 7242         providing that a county is not required to provide
 7243         space for a justice in a county courthouse;
 7244         authorizing counties to enter into agreements with the
 7245         Supreme Court for the use of county courthouse space;
 7246         prohibiting the Supreme Court from using state funds
 7247         to lease space in specified facilities to allow a
 7248         justice to establish an official headquarters;
 7249         creating s. 43.51, F.S.; requiring the Office of the
 7250         State Courts Administrator to provide an annual report
 7251         containing certain information to the Legislature;
 7252         defining the term “problem-solving court”; amending s.
 7253         57.105, F.S.; prohibiting the awarding of attorney
 7254         fees for certain proceedings for injunctions for
 7255         protection under specified provisions; providing an
 7256         exception; amending s. 61.13016, F.S.; providing that
 7257         a written agreement for payment may include a
 7258         reasonable period of payment deferral to accommodate
 7259         an obligor’s good faith job-seeking efforts; amending
 7260         s. 212.15, F.S.; increasing threshold amounts for
 7261         certain theft offenses; amending s. 287.095, F.S.;
 7262         deleting a provision that provides a limitation on the
 7263         total sales by a specified corporation of certain
 7264         products offered for purchase to a state agency;
 7265         amending s. 322.01, F.S.; defining the term
 7266         “suspension or revocation equivalent status”; amending
 7267         s. 322.055, F.S.; reducing the length of driver
 7268         license revocation for possession or sale of,
 7269         trafficking in, or conspiracy to possess, sell, or
 7270         traffic in a controlled substance; deleting provisions
 7271         authorizing a driver to petition the Department of
 7272         Highway Safety and Motor Vehicles for restoration of
 7273         his or her driving privilege; amending s. 322.056,
 7274         F.S.; reducing the period for revocation or suspension
 7275         of, or delay of eligibility for, driver licenses or
 7276         driving privileges for certain persons found guilty of
 7277         certain drug offenses; deleting requirements relating
 7278         to the revocation or suspension of, or delay of
 7279         eligibility for, driver licenses or driving privileges
 7280         for certain persons found guilty of certain alcohol or
 7281         tobacco offenses; deleting provisions relating to the
 7282         suspension or revocation of certain persons’ driver
 7283         licenses; repealing s. 322.057, F.S., relating to
 7284         discretionary revocation or suspension of a driver
 7285         license for certain persons who provide alcohol to
 7286         persons under a specified age; amending s. 322.34,
 7287         F.S.; revising criminal penalties for the third or
 7288         subsequent offense of driving while license suspended,
 7289         revoked, canceled, or disqualified; creating s.
 7290         322.75, F.S.; requiring each clerk of court to
 7291         establish a Driver License Reinstatement Days program
 7292         for reinstating suspended driver licenses in certain
 7293         circumstances; providing duties of the clerks of the
 7294         circuit courts and the department; authorizing such
 7295         clerks to compromise on or waive certain fees and
 7296         costs; authorizing such clerks to schedule a Driver
 7297         License Reinstatement Days event on certain days or
 7298         times; providing eligibility requirements; requiring
 7299         such clerks and the Department of Highway Safety and
 7300         Motor Vehicles to verify information necessary to
 7301         reinstate a driver license under the program;
 7302         requiring the clerks of court to collect specified
 7303         data and report such data to the Florida Clerks of
 7304         Court Operations Corporation; requiring the Florida
 7305         Clerks of Court Operations Corporation to report
 7306         specified information in a certain annual report the
 7307         annual report required by s. 28.35, F.S.; amending s.
 7308         394.917, F.S.; requiring the Department of Children
 7309         and Families to provide rehabilitation to criminal
 7310         offenders designated as sexually violent predators;
 7311         amending s. 397.334, F.S.; conforming provisions to
 7312         changes made by the act; amending s. 455.213, F.S.;
 7313         requiring certain boards and entities within the
 7314         Divisions of Certified Public Accounting, Professions,
 7315         or Real Estate of the Department of Business and
 7316         Professional Regulation to use a specified process for
 7317         the review of an applicant’s criminal record to
 7318         determine the applicant’s eligibility for certain
 7319         licenses; prohibiting the conviction, or any other
 7320         adjudication, of a crime before a specified date from
 7321         being grounds for the denial of certain licenses;
 7322         defining the term “conviction”; providing
 7323         construction; authorizing a person to apply for a
 7324         license before his or her lawful release from
 7325         confinement or supervision; prohibiting the department
 7326         from charging an applicant who is confined or under
 7327         supervision an additional fee; prohibiting a board
 7328         from basing a denial of a license application solely
 7329         on the applicant’s current confinement or supervision;
 7330         authorizing a board to stay the issuance of an
 7331         approved license under certain circumstances;
 7332         requiring a board to verify an applicant’s release
 7333         with the Department of Corrections; requiring the
 7334         applicable board or the Department of Business and
 7335         Professional Regulation to allow certain applicants to
 7336         appear by teleconference or video conference at
 7337         certain meetings; requiring the Department of
 7338         Corrections to cooperate and coordinate with the
 7339         applicable board to facilitate the appearance of
 7340         certain applicants at certain meetings in person, by
 7341         teleconference, or by video conference, as
 7342         appropriate; requiring a board or the department to
 7343         provide certain lists on the department’s website
 7344         specifying how certain crimes do or do not affect an
 7345         applicant’s eligibility for licensure; providing that
 7346         certain information be identified for the crimes on
 7347         such list; requiring such lists to be available to the
 7348         public upon request; amending s. 474.2165, F.S.;
 7349         authorizing a veterinarian to report certain suspected
 7350         criminal violations without notice to or authorization
 7351         from a client; providing an exception; amending s.
 7352         489.126, F.S.; providing that a contractor has a just
 7353         cause defense for criminal offenses and disciplinary
 7354         violations; providing an inference; deleting an intent
 7355         requirement for contractor offenses; revising elements
 7356         of offenses; revising criminal penalties for
 7357         contractor offenses; amending s. 489.553, F.S.;
 7358         prohibiting the conviction, or any other adjudication,
 7359         of a crime before a specified date from being grounds
 7360         for the denial of registration under certain
 7361         circumstances; defining the term “conviction”;
 7362         providing construction; authorizing a person to apply
 7363         for registration before his or her lawful release from
 7364         confinement or supervision; prohibiting the department
 7365         or other applicable authority from charging an
 7366         applicant who is confined or under supervision an
 7367         additional fee; prohibiting the department or other
 7368         applicable authority from basing the denial of
 7369         registration solely on the applicant’s current
 7370         confinement or supervision; authorizing the department
 7371         or other applicable authority to stay the issuance of
 7372         an approved registration under certain circumstances;
 7373         requiring the department or other applicable authority
 7374         to verify an applicant’s release with the Department
 7375         of Corrections; requiring the Department of Business
 7376         and Professional Regulation or other applicable
 7377         authority to allow certain applicants to appear by
 7378         teleconference or video conference at certain
 7379         meetings; requiring the Department of Corrections to
 7380         cooperate and coordinate with the department or
 7381         applicable authority to facilitate the appearance of
 7382         certain applicants at certain meetings in person, by
 7383         teleconference, or by video conference, as
 7384         appropriate; requiring the department or other
 7385         applicable authority to provide certain lists on its
 7386         website specifying how certain crimes do or do not
 7387         affect an applicant’s eligibility for registration;
 7388         providing that certain information be identified for
 7389         each crime on such lists; requiring such lists to be
 7390         available to the public upon request; amending s.
 7391         500.451, F.S.; abolishing mandatory minimum sentence
 7392         for the sale of horse meat for human consumption;
 7393         amending s. 509.151, F.S.; increasing threshold
 7394         amounts for certain theft offenses; amending s.
 7395         562.11, F.S.; deleting provisions relating to
 7396         withholding, suspending, or revoking the driving
 7397         privilege of a person who provides alcoholic beverages
 7398         to a person under 21 years of age; amending s.
 7399         562.111, F.S.; deleting provisions relating to
 7400         withholding, suspending, or revoking the driving
 7401         privilege of a person under 21 years of age who
 7402         possesses alcoholic beverages; amending s. 562.27,
 7403         F.S.; reducing the offense severity of certain crimes
 7404         related to the possession of a still or related
 7405         apparatus; amending s. 562.451, F.S.; reducing the
 7406         offense severity for possession of one or more gallons
 7407         of certain liquors; amending s. 569.11, F.S.;
 7408         conforming provisions to changes made by the act;
 7409         revising penalties; amending s. 713.69, F.S.;
 7410         increasing threshold amounts for certain theft
 7411         offenses; amending s. 741.30, F.S.; conforming a
 7412         provision to changes made by the act; amending s.
 7413         775.082, F.S.; revising legislative intent that
 7414         certain offenders released from incarceration from
 7415         county detention facilities qualify as prison releasee
 7416         reoffenders; amending s. 784.048, F.S.; revising the
 7417         definition of the term “cyberstalk”; providing
 7418         criminal penalties; amending s. 790.052, F.S.;
 7419         specifying that certain law enforcement and
 7420         correctional officers meet the definition of
 7421         “qualified law enforcement officer” for the purposes
 7422         of qualifying for certain rights during off-duty
 7423         hours; specifying that certain persons meet the
 7424         definition of “qualified retired law enforcement
 7425         officer” for the purposes of qualifying for certain
 7426         rights during off-duty hours; amending s. 790.22,
 7427         F.S.; authorizing, rather than requiring, a court to
 7428         withhold issuance of or suspend a person’s driver
 7429         license or driving privilege for a minor who possesses
 7430         or uses a firearm in certain circumstances; amending
 7431         s. 800.09, F.S.; revising the definitions of the terms
 7432         “employee” and “facility”; prohibiting certain lewd or
 7433         lascivious acts in the presence of county correctional
 7434         personnel; providing criminal penalties; amending s.
 7435         806.13, F.S.; authorizing, rather than requiring, a
 7436         court to withhold issuance of or suspend a person’s
 7437         driver license or driving privilege for committing
 7438         criminal mischief by a minor; amending s. 812.014,
 7439         F.S.; increasing the threshold amount for certain
 7440         theft offenses; revising the list of items the theft
 7441         of which constitutes a felony of the third degree;
 7442         requiring the Office of Program Policy Analysis and
 7443         Government Accountability (OPPAGA) to perform a study
 7444         about certain threshold amounts on a specified
 7445         schedule; providing study requirements; requiring
 7446         OPPAGA to consult with the Office of Economic and
 7447         Demographic Research and other interested entities;
 7448         requiring OPPAGA to submit a report to the Governor
 7449         and the Legislature by a certain date and on a
 7450         specified basis; amending s. 812.015, F.S.; revising
 7451         the circumstances under which an offense of retail
 7452         theft constitutes a felony of the second or third
 7453         degree; authorizing the aggregation of retail thefts
 7454         that occur in more than one judicial circuit within a
 7455         30-day period into one total value and requiring
 7456         prosecution of such thefts by the Office of the
 7457         Statewide Prosecutor in accordance with s. 16.56,
 7458         F.S.; requiring OPPAGA to perform a study about
 7459         certain threshold amounts on a specified schedule;
 7460         providing study requirements; requiring OPPAGA to
 7461         consult with the Office of Economic and Demographic
 7462         Research and other interested entities; requiring
 7463         OPPAGA to submit a report to the Governor and the
 7464         Legislature by a certain date and on a specified
 7465         basis; amending s. 812.0155, F.S.; removing a court’s
 7466         authority to suspend a driver license for a
 7467         misdemeanor theft adjudication of guilt for a person
 7468         18 years of age or older; allowing a court to suspend
 7469         a driver license for a person 18 years of age or
 7470         younger as an alternative to other possible sentences;
 7471         amending s. 815.03, F.S.; revising the definition of
 7472         the term “access” for purposes of provisions relating
 7473         to computer crimes; amending s. 815.06, F.S.; revising
 7474         conduct constituting an offense against users of
 7475         computers, computer systems, computer networks, or
 7476         electronic devices; providing criminal penalties;
 7477         amending s. 817.413, F.S.; increasing threshold
 7478         amounts for certain theft offenses; amending s.
 7479         831.28, F.S.; criminalizing possession of a
 7480         counterfeit instrument with intent to defraud;
 7481         amending s. 849.01, F.S.; reducing the offense
 7482         severity of certain crimes relating to keeping a
 7483         gambling house or possessing certain gambling
 7484         apparatuses; amending s. 877.112, F.S.; removing
 7485         driver license revocation or suspension as a penalty
 7486         for certain offenses involving nicotine products;
 7487         amending s. 893.135, F.S.; revising threshold amounts
 7488         for trafficking in specified substances ; amending s.
 7489         900.05, F.S.; revising and providing definitions;
 7490         revising and providing data required to be collected
 7491         and reported to the Department of Law Enforcement by
 7492         specified entities; requiring the department to
 7493         publish data received from reporting agencies by a
 7494         specified date; imposing penalties on reporting
 7495         agencies for noncompliance with data reporting
 7496         requirements; declaring information that is
 7497         confidential and exempt upon collection by a reporting
 7498         agency remains confidential and exempt when reported
 7499         to the department; creating s. 943.0578, F.S.;
 7500         establishing eligibility criteria for expunction of a
 7501         criminal history record by a person found to have
 7502         acted in lawful self-defense; requiring the department
 7503         to issue a certificate of eligibility for expunction
 7504         if specified criteria are fulfilled; specifying
 7505         requirements for a petition to expunge; creating a
 7506         penalty for providing false information on such
 7507         petition; requiring the department to adopt rules
 7508         relating to a certificate of expunction for lawful
 7509         self-defense; amending s. 943.0581, F.S.; clarifying
 7510         that administrative expunction applies to criminal
 7511         history records resulting from an arrest made contrary
 7512         to law or by mistake; creating s. 943.0584, F.S.;
 7513         providing a definition; specifying criminal history
 7514         records that are ineligible for court-ordered
 7515         expunction or court-ordered sealing; amending s.
 7516         943.0585, F.S.; providing eligibility criteria for
 7517         court-ordered expunction of a criminal history record;
 7518         requiring the department to issue a certificate of
 7519         eligibility to petitioners meeting eligibility
 7520         criteria; specifying requirements for a petition for
 7521         court-ordered expunction; specifying a court’s
 7522         authority to expunge criminal history records;
 7523         specifying the process for a petition to expunge a
 7524         criminal history record; specifying the process
 7525         following the issuance of an order to expunge a
 7526         criminal history record; specifying the effect of an
 7527         order to expunge a criminal history record; amending
 7528         s. 943.059, F.S.; providing eligibility criteria for
 7529         court-ordered sealing of a criminal history record;
 7530         requiring the department to issue a certificate of
 7531         eligibility to petitioners meeting eligibility
 7532         criteria; specifying requirements for a petition for
 7533         court-ordered sealing; specifying a court’s authority
 7534         to seal criminal history records; specifying the
 7535         process for a petition to seal a criminal history
 7536         record; specifying the effect of an order to seal a
 7537         criminal history record; creating s. 943.0595, F.S.;
 7538         requiring the department to adopt rules to implement
 7539         administrative sealing of specified criminal history
 7540         records; providing eligibility criteria for
 7541         administrative sealing of criminal history records;
 7542         specifying ineligible criminal history records;
 7543         providing that there is no limitation on the number of
 7544         times a person with an eligible criminal history
 7545         record may obtain an automatic administrative sealing;
 7546         requiring the clerk of court to transmit a certified
 7547         copy of an eligible criminal history record to the
 7548         department upon the resolution of a criminal case;
 7549         specifying that the effect of automatic sealing is the
 7550         same as court-ordered sealing; amending s. 943.6871,
 7551         F.S.; declaring information received by the department
 7552         from a reporting agency that is confidential and
 7553         exempt upon collection remains confidential and
 7554         exempt; requiring the Criminal and Juvenile Justice
 7555         Information Systems Council to develop specifications
 7556         for a uniform arrest affidavit; providing requirements
 7557         for such affidavits; requiring the council to develop
 7558         specifications for a uniform criminal charge and
 7559         disposition statute crosswalk table and uniform
 7560         criminal disposition and sentencing crosswalk table;
 7561         requiring the department to procure the affidavit and
 7562         statute crosswalk tables by a certain date; requiring
 7563         the department to provide training on the use of the
 7564         affidavit and crosswalk tables; requiring law
 7565         enforcement agencies to use the uniform arrest
 7566         affidavit and other agencies to use the statute
 7567         crosswalk tables by a certain date; amending s.
 7568         944.40, F.S.; including escape while on furlough in
 7569         the offense of escape; providing criminal penalties;
 7570         amending s. 944.47, F.S.; providing enhanced penalties
 7571         for offenses involving introduction of contraband in
 7572         correctional facilities when committed by correctional
 7573         facility employees; amending s. 944.704, F.S.;
 7574         authorizing the department to increase the number of
 7575         employees serving as transition specialists and
 7576         employment specialists; requiring transition
 7577         assistance staff to provide job assignment
 7578         credentialing and industry certification information
 7579         to inmates before their release; amending s. 944.705,
 7580         F.S.; requiring the department to establish a
 7581         telephone hotline for released offenders; requiring
 7582         that the department provide an inmate with a
 7583         comprehensive community reentry resource directory
 7584         organized by county before the inmate’s release;
 7585         requiring the department to use certain programming
 7586         data to notify inmates about reentry resources before
 7587         release; authorizing a nonprofit faith-based or
 7588         professional business or a civic or community
 7589         organization to apply for registration with the
 7590         department to provide inmate reentry services;
 7591         requiring the department to adopt certain policies and
 7592         procedures; authorizing the department to deny
 7593         approval and registration of an organization or
 7594         representative of an organization under certain
 7595         circumstances; authorizing the department to contract
 7596         with a public or private educational institution’s
 7597         veteran advocacy clinic or veteran legal clinic for
 7598         certain purposes; authorizing the department to
 7599         contract with public or private organizations to
 7600         establish transitional employment programs that
 7601         provide employment opportunities to recently released
 7602         inmates; requiring the department to adopt certain
 7603         rules; amending s. 944.801, F.S.; authorizing the
 7604         Correctional Education Program to establish a Prison
 7605         Entrepreneurship Program and adopt procedures for
 7606         admitting student inmates; providing requirements for
 7607         the program; authorizing transitional and postrelease
 7608         continuing educational services to be offered under
 7609         certain circumstances; requiring the department to
 7610         enter into certain agreements to implement the
 7611         program; requiring that the program be funded with
 7612         existing resources; authorizing the Department of
 7613         Corrections to develop a program, in cooperation with
 7614         the Department of Agriculture and Consumer Service,
 7615         the Florida Forestry Division, and the Florida
 7616         Department of Financial Services, Division of State
 7617         Fire Marshall, to train and certify inmates to become
 7618         firefighters; amending s. 948.001, F.S.; redefining
 7619         the term “administrative probation”; amending s.
 7620         948.013, F.S.; authorizing the department to transfer
 7621         an offender to administrative probation under certain
 7622         circumstances; amending s. 948.04, F.S.; requiring a
 7623         court to early terminate a term of probation or
 7624         convert the term to administrative probation under
 7625         certain circumstances; authorizing a court to continue
 7626         reporting probation upon making written findings;
 7627         amending s. 948.05, F.S.; requiring the department to
 7628         implement a graduated incentives program for
 7629         probationers and offenders on community control;
 7630         authorizing the department to issue certain incentives
 7631         without leave of court; amending s. 948.06, F.S.;
 7632         requiring a probation officer to determine whether a
 7633         probationer or offender on community control who
 7634         commits a technical violation is eligible for a
 7635         certain alternative sanctioning program; authorizing
 7636         the probation officer to take certain actions if such
 7637         probationer or offender is eligible; defining the term
 7638         “technical violation”; requiring a court to modify or
 7639         continue a probationary term under certain
 7640         circumstances; requiring that judicial circuits
 7641         establish an alternative sanctioning program;
 7642         authorizing the chief judge of each judicial circuit
 7643         to issue specified administrative orders; requiring a
 7644         probation officer to submit to the court for approval
 7645         any recommended sanctions against a probationer or
 7646         offender determined to be eligible for the program;
 7647         defining the terms “low-risk violation” and “moderate
 7648         risk violation”; specifying circumstances under which
 7649         a probationer or offender on community control is not
 7650         eligible for an alternative sanction; authorizing a
 7651         probation officer to offer an eligible probationer one
 7652         or more specified alternative sanctions for a first or
 7653         second low-risk violation; authorizing a probation
 7654         officer, under certain circumstances, to offer an
 7655         eligible probationer or offender on community control
 7656         one or more specified alternative sanctions for a
 7657         first moderate-risk violation; providing that the
 7658         participation of a probationer or offender on
 7659         community control in the alternative sanctioning
 7660         program is voluntary, subject to certain requirements;
 7661         specifying actions that a probationer or offender on
 7662         community control may take if he or she is eligible
 7663         for an alternative sanctioning program; requiring that
 7664         a probation officer, under certain circumstances,
 7665         submit a recommended sanction to the court;
 7666         authorizing the court to impose the recommended
 7667         sanction or direct the department to submit a
 7668         violation report, affidavit, and warrant to the court;
 7669         authorizing a probation officer to submit a violation
 7670         report, affidavit, and warrant to the court under
 7671         certain circumstances; prohibiting certain evidence in
 7672         subsequent proceedings; amending s. 948.08, F.S.;
 7673         expanding eligibility criteria for pretrial substance
 7674         abuse education programs to include a person with two
 7675         or fewer convictions for nonviolent felonies; creating
 7676         s. 948.081, F.S.; authorizing community court
 7677         programs; providing program requirements; amending s.
 7678         951.22, F.S.; providing an exception to a prohibition
 7679         on contraband for certain legal documents; prohibiting
 7680         introduction into or possession of certain cellular
 7681         telephones or other portable communication devices on
 7682         the grounds of any county detention facility;
 7683         providing criminal penalties; amending s. 958.04,
 7684         F.S.; revising the criteria authorizing a court to
 7685         sentence as a youthful offender a person who is found
 7686         guilty of, or who pled nolo contendere or guilty to,
 7687         committing a felony before the person turned 21 years
 7688         of age; amending s. 960.07, F.S.; increasing the
 7689         timeframe for filing a crime victim compensation
 7690         claim; providing an extension for good cause for a
 7691         specified period; increasing the timeframe to file a
 7692         claim for a victim or intervenor who was under a
 7693         certain age at the time of the crime; providing an
 7694         extension of a certain timeframe for good cause;
 7695         increasing the timeframe a victim of a sexually
 7696         violent offense may file a claim for victim
 7697         compensation; amending s. 960.13, F.S.; increasing the
 7698         timeframe for prompt reporting of a crime to be
 7699         eligible for a victim compensation award; amending s.
 7700         960.195, F.S.; increasing the timeframe for reporting
 7701         a criminal or delinquent act resulting in property
 7702         loss of an elderly person or disabled adult; amending
 7703         s. 960.196, F.S.; increasing the timeframe to report
 7704         certain human trafficking offenses to be eligible for
 7705         a victim relocation assistance award; providing an
 7706         extension for good cause; amending s. 960.28, F.S.,
 7707         increasing the maximum monetary reimbursement amount
 7708         to certain medical providers for an initial forensic
 7709         physical examination of certain victims; amending s.
 7710         985.12, F.S.; providing that locally authorized
 7711         entities may continue to operate an independent civil
 7712         citation or similar prearrest diversion program that
 7713         is in operation as of October 1, 2018; requiring each
 7714         civil citation or similar diversion program to enter
 7715         appropriate youth data into the Juvenile Justice
 7716         Information System Prevention Web within a specified
 7717         period after the admission of the youth into the
 7718         program; amending s. 985.126, F.S.; removing the
 7719         requirement for law enforcement officers to submit a
 7720         copy of specified documentation to the Department of
 7721         Juvenile Justice; requiring certain information be
 7722         entered into the Juvenile Justice Information System
 7723         Prevention Web within a specified timeframe; amending
 7724         s. 985.145, F.S.; deleting the requirement that the
 7725         department must enter certain information into the
 7726         Juvenile Justice Information System Prevention Web in
 7727         specified instances; amending s. 985.557, F.S.;
 7728         deleting provisions requiring the mandatory direct
 7729         filing of charges in adult court against juveniles
 7730         under certain circumstances; amending ss. 776.09,
 7731         943.053, and 943.0582, F.S.; conforming cross
 7732         references; amending s. 985.565, F.S.; conforming
 7733         provisions to changes made by the act; amending s.
 7734         921.0022, F.S.; listing on levels 3 and 4 certain
 7735         felonies on the offense severity ranking chart of the
 7736         Criminal Punishment Code; conforming provisions to
 7737         changes made by the act; reenacting s. 322.05(11),
 7738         F.S., relating to prohibiting the issuance of a driver
 7739         license to certain persons, to incorporate the
 7740         amendment made to s. 322.056, F.S., in a reference
 7741         thereto; reenacting s. 316.027(2)(c) and
 7742         907.041(4)(c), F.S., relating to a crash involving
 7743         death or personal injuries and pretrial detention and
 7744         release, respectively, to incorporate the amendment
 7745         made to s. 322.34, F.S., in references thereto;
 7746         reenacting s. 509.161, F.S., relating to rules of
 7747         evidence in certain prosecutions, to incorporate the
 7748         amendment made to s. 509.151, F.S., in a reference
 7749         thereto; reenacting ss. 790.065(2)(c), 794.056(1),
 7750         847.0141(4), 901.41(5), 938.08, 938.085,
 7751         943.325(2)(g), 948.06(8)(c), 948.062(1),
 7752         960.001(1)(b), 985.265(3)(b), and 1006.147(3)(e),
 7753         F.S., relating to the sale and delivery of firearms,
 7754         the Rape Crisis Program Trust Fund, sexting, prearrest
 7755         diversion programs, additional costs to fund programs
 7756         in domestic violence and rape crisis centers, the DNA
 7757         database, the definition of the term “qualifying
 7758         offense” as it relates to the violation of probation
 7759         or community control and failure to pay restitution or
 7760         cost of supervision, reviewing and reporting serious
 7761         offenses committed by offenders placed on probation or
 7762         community control, guidelines for fair treatment of
 7763         victims and witnesses in the criminal justice and
 7764         juvenile justice systems, detention transfer and
 7765         release, education, and adult jails, and the
 7766         prohibition of bullying and harassment, respectively,
 7767         to incorporate the amendment made to s. 784.048, F.S.,
 7768         in references thereto; reenacting s. 316.0775(1),
 7769         F.S., relating to interference with official traffic
 7770         control devices or railroad signs or signals, to
 7771         incorporate the amendment made to s. 806.13, F.S., in
 7772         a reference thereto; reenacting ss. 95.18(10),
 7773         373.6055(3)(c), 400.9935(3), 550.6305(10), 627.743(2),
 7774         634.421(2), 642.038(2), 705.102(4), 812.14(7), and
 7775         893.138(3), F.S., relating to real property actions
 7776         and adverse possession without color of title,
 7777         criminal history checks for certain water management
 7778         district employees and others, clinic
 7779         responsibilities, intertrack wagering, guest track
 7780         payments, and accounting rules, the payment of third
 7781         party claims, reporting and accounting for funds,
 7782         reporting lost or abandoned property, trespass and
 7783         larceny with relation to utility fixtures and the
 7784         theft of utility services, and local administrative
 7785         action to abate drug-related, prostitution-related, or
 7786         stolen-property-related public nuisances and criminal
 7787         gang activity, respectively, to incorporate the
 7788         amendment made to s. 812.014, F.S., in references
 7789         thereto; reenacting ss. 538.09(5) and 538.23(2), F.S.,
 7790         relating to the registration of and violations and
 7791         penalties for secondhand dealers, respectively, to
 7792         incorporate the amendment made to s. 812.015, F.S., in
 7793         references thereto; reenacting s. 1006.147(3)(e),
 7794         F.S., relating to the prohibition of bullying and
 7795         harassment, to incorporate the amendment made to s.
 7796         815.03, F.S., in a reference thereto; reenacting ss.
 7797         316.80(2), 775.30(1) and (2), 775.33(2), 782.04(5),
 7798         and 934.07(3), F.S., relating to the unlawful
 7799         conveyance of fuel and obtaining fuel fraudulently,
 7800         terrorism, providing material support or resources for
 7801         terrorism or to terrorist organizations, the
 7802         definition of the term “terrorism” as it relates to
 7803         murder, and the authorization for interception of
 7804         wire, oral, or electronic communications,
 7805         respectively, to incorporate the amendment made to s.
 7806         815.06, F.S., in references thereto; reenacting s.
 7807         849.02, F.S., relating to agents or employees of
 7808         keepers of gambling houses, to incorporate the
 7809         amendment made to s. 849.01, F.S., in a reference
 7810         thereto; reenacting ss. 373.6055(3)(c), 397.4073(6),
 7811         414.095(1), 772.12(2), 775.087(2)(a) and (3)(a),
 7812         782.04(1)(a), (3), and (4), 810.02(3), 893.13(8)(d),
 7813         893.1351(1) and (2), 900.05(3)(e), 903.133,
 7814         907.041(4)(c), 921.141(9), and 921.142(2), F.S.,
 7815         relating to criminal history checks for certain water
 7816         management district employees and others, background
 7817         checks of service provider personnel, determining
 7818         eligibility for temporary cash assistance, the Drug
 7819         Dealer Liability Act, possession or use of a weapon,
 7820         aggravated battery, felony reclassifications, and
 7821         minimum sentencing, murder, burglary, prohibited acts
 7822         and penalties relating to controlled substances, the
 7823         ownership, lease, rental, or possession for
 7824         trafficking in or manufacturing a controlled
 7825         substance, criminal justice data collection, the
 7826         prohibition of bail on appeal for certain felony
 7827         convictions, pretrial detention and release, the
 7828         sentence of death or life imprisonment for capital
 7829         felonies and further proceedings to determine
 7830         sentences, and the sentence of death or life
 7831         imprisonment for capital drug trafficking felonies and
 7832         further proceedings to determine sentences,
 7833         respectively, to incorporate the amendment made to s.
 7834         893.135, F.S., in references thereto; reenacting s.
 7835         944.026(3)(a), F.S., relating to community-based
 7836         facilities and programs, to incorporate the amendment
 7837         made to s. 944.704, F.S., in a reference thereto;
 7838         reenacting s. 944.4731(6), F.S., relating to the
 7839         Addiction-Recovery Supervision Program, to incorporate
 7840         the amendment made to s. 944.705, F.S., in a reference
 7841         thereto; reenacting s. 447.203(2), F.S., relating to
 7842         the definition of the terms “public employer” or
 7843         “employer,” to incorporate the amendment made to s.
 7844         944.801, F.S., in a reference thereto; reenacting s.
 7845         921.187(1)(n), F.S., relating to disposition and
 7846         sentencing alternatives, to incorporate the amendment
 7847         made to s. 948.013, F.S., in a reference thereto;
 7848         reenacting ss. 948.012(2)(b), 948.10(3), 948.20(3),
 7849         and 958.14, F.S., relating to split sentencing of
 7850         probation or community control and imprisonment,
 7851         procedures governing violations of community control,
 7852         revocation of drug offender probation, and violations
 7853         of probation or community control programs,
 7854         respectively, to incorporate the amendment made to s.
 7855         948.06, F.S., in references thereto; reenacting ss.
 7856         796.07(4)(b), 944.026(3)(b), and 948.036(1), F.S.,
 7857         relating to charges of prostitution and related acts,
 7858         certain pretrial intervention programs, and work
 7859         programs, respectively, to incorporate the amendment
 7860         made to s. 948.08, F.S., in references thereto;
 7861         reenacting ss. 394.47892(2), 397.334(5), and
 7862         910.035(5)(a), F.S., relating to mental health court
 7863         programs, treatment-based drug court programs, and
 7864         transfer for participation in a problem-solving court,
 7865         respectively, to incorporate the amendments made to
 7866         ss. 948.08 and 948.16, F.S., in references thereto;
 7867         reenacting ss. 958.03(5), 958.045(8)(a), 958.046, and
 7868         985.565(4)(c), F.S., relating to the definition of the
 7869         term “youthful offender,” the youthful offender basic
 7870         training program, county-operated youthful offender
 7871         boot camp programs, and adult sanctions upon failure
 7872         of juvenile sanctions, to incorporate the amendment
 7873         made to s. 958.04, F.S., in references thereto;
 7874         reenacting s. 985.556(3), F.S., relating to
 7875         involuntary mandatory waiver, to incorporate the
 7876         amendment made to s. 985.557, F.S., in a reference
 7877         thereto; reenacting ss. 985.15(1), and 985.26(2)(c),
 7878         F.S., relating to filing decisions of state attorneys
 7879         in the prosecution of a child, and length of detention
 7880         for prolific juvenile offenders, respectively, to
 7881         incorporate the amendment made to s. 985.557, F.S., in
 7882         references thereto; creating the Task Force on the
 7883         Criminal Punishment Code adjunct to the Department of
 7884         Legal Affairs; providing a legislative finding;
 7885         specifying the task force’s purpose; requiring that
 7886         the task force analyze best practices; providing for
 7887         membership of the task force and the filling of any
 7888         vacancies; providing meeting requirements; providing
 7889         for staff support; requiring specified governmental
 7890         entities to provide certain information and support
 7891         services upon request of the Attorney General;
 7892         providing for reimbursement of per diem and travel
 7893         expenses; prescribing reporting requirements;
 7894         providing for dissolution of the task force; providing
 7895         an appropriation; providing effective dates.