Bill Text: FL S0642 | 2019 | Regular Session | Comm Sub


Bill Title: Public Safety

Spectrum:

Status: (Introduced) 2019-05-01 - Laid on Table, refer to CS/HB 7125 [S0642 Detail]

Download: Florida-2019-S0642-Comm_Sub.html
       Florida Senate - 2019                       CS for CS for SB 642
       
       
        
       By the Committees on Appropriations; and Criminal Justice; and
       Senators Brandes, Gruters, Rouson, Perry, Broxson, and Taddeo
       
       
       
       
       576-04632-19                                           2019642c2
    1                        A bill to be entitled                      
    2         An act relating to public safety; creating s. 25.025,
    3         F.S.; authorizing certain Supreme Court justices to
    4         have an appropriate facility in their district of
    5         residence designated as their official headquarters;
    6         providing that an official headquarters may serve only
    7         as a justice’s private chambers; providing that such
    8         justices are eligible for a certain subsistence
    9         allowance and reimbursement for certain transportation
   10         expenses; requiring that such allowance and
   11         reimbursement be made to the extent appropriated funds
   12         are available, as determined by the Chief Justice;
   13         requiring the Chief Justice to coordinate with certain
   14         persons in designating official headquarters;
   15         providing that a county is not required to provide
   16         space for a justice in a county courthouse;
   17         authorizing counties to enter into agreements with the
   18         Supreme Court for the use of county courthouse space;
   19         prohibiting the Supreme Court from using state funds
   20         to lease space in specified facilities to allow a
   21         justice to establish an official headquarters;
   22         amending s. 26.031, F.S.; increasing the number of
   23         circuit judges in certain judicial circuits; creating
   24         s. 43.51, F.S.; requiring the Office of the State
   25         Courts Administrator to provide an annual report
   26         containing certain information to the Legislature;
   27         defining the term “problem-solving court”; amending s.
   28         57.105, F.S.; prohibiting the awarding of attorney
   29         fees for certain proceedings for injunctions for
   30         protection under specified provisions; providing an
   31         exception; amending s. 212.15, F.S.; increasing
   32         threshold amounts for certain theft offenses; amending
   33         s. 322.055, F.S.; reducing the length of driver
   34         license revocation for possession or sale of,
   35         trafficking in, or conspiracy to possess, sell, or
   36         traffic in a controlled substance; deleting provisions
   37         authorizing a driver to petition the Department of
   38         Highway Safety and Motor Vehicles for restoration of
   39         his or her driving privilege; amending s. 322.056,
   40         F.S.; reducing the period for revocation or suspension
   41         of, or delay of eligibility for, driver licenses or
   42         driving privileges for certain persons found guilty of
   43         certain drug offenses; deleting requirements relating
   44         to the revocation or suspension of, or delay of
   45         eligibility for, driver licenses or driving privileges
   46         for certain persons found guilty of certain alcohol or
   47         tobacco offenses; deleting provisions relating to the
   48         suspension or revocation of certain persons’ driver
   49         licenses; repealing s. 322.057, F.S., relating to
   50         discretionary revocation or suspension of a driver
   51         license for certain persons who provide alcohol to
   52         persons under a specified age; amending s. 322.34,
   53         F.S.; revising criminal penalties for the third or
   54         subsequent offense of driving while license suspended,
   55         revoked, canceled, or disqualified; creating s.
   56         322.75, F.S.; requiring each clerk of court to
   57         establish a Driver License Reinstatement Days program
   58         for reinstating suspended driver licenses in certain
   59         circumstances; providing duties of the clerks of the
   60         circuit courts and the department; authorizing such
   61         clerks to compromise on or waive certain fees and
   62         costs; providing eligibility requirements; requiring
   63         the clerks of court to collect specified data and
   64         report such data to the Florida Clerks of Court
   65         Operations Corporation; requiring the Florida Clerks
   66         of Court Operations Corporation to report specified
   67         information in the annual report required by s. 28.35,
   68         F.S.; amending s. 381.0041, F.S.; providing an
   69         exception to allow the donation of human tissue by a
   70         person who has human immunodeficiency virus infection
   71         under certain circumstances; reclassifying a criminal
   72         offense relating to such donations; amending s.
   73         384.23, F.S.; providing definitions; amending s.
   74         384.24, F.S.; expanding the scope of unlawful acts by
   75         a person infected with a sexually transmissible
   76         disease; expanding the list of sexually transmissible
   77         diseases to include human immunodeficiency virus
   78         infection; providing that certain actions are not
   79         sufficient evidence to establish intent on the part of
   80         the person who transmits the disease; providing a
   81         definition; amending s. 384.34, F.S.; reclassifying
   82         specified criminal offenses; removing a fine for
   83         specified rule violations; amending s. 394.47891,
   84         F.S.; requiring, rather than authorizing, the chief
   85         judge of each judicial circuit to establish a Military
   86         Veterans and Servicemembers Court Program; revising
   87         the list of individuals who, if charged or convicted
   88         of certain criminal offenses, may participate in a
   89         Military Veterans and Servicemembers Court Program
   90         under certain circumstances; amending s. 394.917,
   91         F.S.; requiring the Department of Children and
   92         Families to provide rehabilitation to criminal
   93         offenders designated as sexually violent predators;
   94         amending s. 397.334, F.S.; conforming provisions to
   95         changes made by the act; amending s. 455.213, F.S.;
   96         conforming a cross-reference; requiring the Department
   97         of Business and Professional Regulation or applicable
   98         board to use a specified process for the review of an
   99         applicant’s criminal history record to determine the
  100         applicant’s eligibility for certain licenses;
  101         prohibiting the conviction of a crime before a
  102         specified date from being grounds for denial of
  103         certain licenses; defining the term “conviction”;
  104         authorizing a person to apply for a license before his
  105         or her lawful release from confinement or supervision;
  106         prohibiting additional fees for an applicant confined
  107         or under supervision; prohibiting the department or
  108         applicable board from basing a denial of a license
  109         application solely on the applicant’s current
  110         confinement or supervision; authorizing the department
  111         or applicable board to stay the issuance of an
  112         approved license under certain circumstances;
  113         requiring the department or applicable board to verify
  114         an applicant’s release with the Department of
  115         Corrections or other applicable authority; providing
  116         requirements for the appearance of certain applicants
  117         at certain meetings; requiring the department or
  118         applicable board to provide an annually updated list
  119         on its website specifying how certain crimes affect an
  120         applicant’s eligibility for licensure; providing that
  121         certain information be identified for each crime on
  122         the list; requiring that such list be available to the
  123         public upon request; amending s. 474.2165, F.S.;
  124         authorizing a veterinarian to report certain suspected
  125         criminal violations without notice to or authorization
  126         from a client; providing an exception; amending s.
  127         489.126, F.S.; providing that a contractor has a just
  128         cause defense for criminal offenses and disciplinary
  129         violations; providing an inference; deleting an intent
  130         requirement for contractor offenses; revising elements
  131         of offenses; revising criminal penalties for
  132         contractor offenses; amending s. 489.553, F.S.;
  133         prohibiting the conviction of a crime from being
  134         grounds for the denial of registration after a
  135         specified time has passed under certain circumstances;
  136         defining the term “conviction”; authorizing a person
  137         to apply for registration before his or her lawful
  138         release from confinement or supervision; prohibiting
  139         the Department of Business and Professional Regulation
  140         from charging an applicant who is confined or under
  141         supervision additional fees; prohibiting the
  142         applicable board from basing the denial of
  143         registration solely on the applicant’s current
  144         confinement or supervision; authorizing the board to
  145         stay the issuance of an approved registration under
  146         certain circumstances; requiring the board to verify
  147         an applicant’s release with the Department of
  148         Corrections or other applicable authority; providing
  149         requirements for the appearance of certain applicants
  150         at certain meetings; requiring the applicable board to
  151         provide a quarterly updated list on its website
  152         specifying how certain crimes may affect an
  153         applicant’s eligibility for registration; providing
  154         that certain information be identified for each crime
  155         on the list; requiring that such list be available to
  156         the public upon request; amending s. 500.451, F.S.;
  157         abolishing mandatory minimum sentence for the sale of
  158         horse meat for human consumption; amending s. 509.151,
  159         F.S.; increasing threshold amounts for certain theft
  160         offenses; amending s. 562.11, F.S.; deleting
  161         provisions relating to withholding, suspending, or
  162         revoking the driving privilege of a person who
  163         provides alcoholic beverages to a person under 21
  164         years of age; amending s. 562.111, F.S.; deleting
  165         provisions relating to withholding, suspending, or
  166         revoking the driving privilege of a person under 21
  167         years of age who possesses alcoholic beverages;
  168         amending s. 562.27, F.S.; reducing the offense
  169         severity of certain crimes related to the possession
  170         of a still or related apparatus; amending s. 562.451,
  171         F.S.; reducing the offense severity for possession of
  172         one or more gallons of certain liquors; amending s.
  173         569.11, F.S.; conforming provisions to changes made by
  174         the act; revising penalties; amending s. 713.69, F.S.;
  175         increasing threshold amounts for certain theft
  176         offenses; amending s. 775.082, F.S.; revising
  177         legislative intent that certain offenders released
  178         from incarceration from county detention facilities
  179         qualify as prison releasee reoffenders; amending s.
  180         775.087, F.S.; providing legislative intent regarding
  181         retroactive application; prohibiting mandatory minimum
  182         sentencing for aggravated assault or attempted
  183         aggravated assault committed before July 1, 2016;
  184         amending s. 775.0877, F.S.; conforming provisions to
  185         changes made by the act; amending s. 784.048, F.S.;
  186         revising the definition of the term “cyberstalk”;
  187         providing criminal penalties; amending s. 790.052,
  188         F.S.; specifying that certain law enforcement and
  189         correctional officers meet the definition of
  190         “qualified law enforcement officer” for the purposes
  191         of qualifying for certain rights during off-duty
  192         hours; specifying that certain persons meet the
  193         definition of “qualified retired law enforcement
  194         officer” for the purposes of qualifying for certain
  195         rights during off-duty hours; amending s. 790.22,
  196         F.S.; authorizing, rather than requiring, a court to
  197         withhold issuance of or suspend a person’s driver
  198         license or driving privilege for a minor who possesses
  199         or uses a firearm in certain circumstances; amending
  200         s. 800.09, F.S.; revising the definitions of the terms
  201         “employee” and “facility”; prohibiting certain lewd or
  202         lascivious acts in the presence of county correctional
  203         personnel; providing criminal penalties; amending s.
  204         806.13, F.S.; authorizing, rather than requiring, a
  205         court to withhold issuance of or suspend a person’s
  206         driver license or driving privilege for committing
  207         criminal mischief by a minor; amending s. 812.014,
  208         F.S.; increasing the threshold amount for certain
  209         theft offenses; requiring the Office of Program Policy
  210         Analysis and Government Accountability (OPPAGA) to
  211         perform a study about certain threshold amounts on a
  212         specified schedule; providing study requirements;
  213         requiring OPPAGA to consult with the Office of
  214         Economic and Demographic Research and other interested
  215         entities; requiring OPPAGA to submit a report to the
  216         Governor and the Legislature by a certain date and on
  217         a specified basis; amending s. 812.015, F.S.; revising
  218         the circumstances under which an offense of retail
  219         theft constitutes a felony of the second or third
  220         degree; authorizing the aggregation of retail thefts
  221         that occur in more than one judicial circuit within a
  222         30-day period into one total value and requiring
  223         prosecution of such thefts by the Office of the
  224         Statewide Prosecutor in accordance with s. 16.56,
  225         F.S.; requiring OPPAGA to perform a study about
  226         certain threshold amounts on a specified schedule;
  227         providing study requirements; requiring OPPAGA to
  228         consult with the Office of Economic and Demographic
  229         Research and other interested entities; requiring
  230         OPPAGA to submit a report to the Governor and the
  231         Legislature by a certain date and on a specified
  232         basis; amending s. 812.0155, F.S.; removing a court’s
  233         authority to suspend a driver license for a
  234         misdemeanor theft adjudication of guilt for a person
  235         18 years of age or older; allowing a court to suspend
  236         a driver license for a person 18 years of age or
  237         younger as an alternative to other possible sentences;
  238         amending s. 815.03, F.S.; revising the definition of
  239         the term “access” for purposes of provisions relating
  240         to computer crimes; amending s. 815.06, F.S.; revising
  241         conduct constituting an offense against users of
  242         computers, computer systems, computer networks, or
  243         electronic devices; providing criminal penalties;
  244         amending s. 817.413, F.S.; increasing threshold
  245         amounts for certain theft offenses; amending s.
  246         831.28, F.S.; criminalizing possession of a
  247         counterfeit instrument with intent to defraud;
  248         amending s. 847.011, F.S.; prohibiting a person from
  249         knowingly selling, lending, giving away, distributing,
  250         transmitting, showing, or transmuting a child-like sex
  251         doll; prohibiting a person from offering to commit
  252         such actions, having in his or her possession,
  253         custody, or control with the intent to commit such
  254         actions or advertising in any manner an obscene,
  255         child-like sex doll; providing criminal penalties;
  256         prohibiting a person from knowingly having in his or
  257         her possession, custody, or control an obscene, child
  258         like sex doll; providing criminal penalties; amending
  259         s. 849.01, F.S.; reducing the offense severity of
  260         certain crimes relating to keeping a gambling house or
  261         possessing certain gambling apparatuses; amending s.
  262         877.112, F.S.; removing driver license revocation or
  263         suspension as a penalty for certain offenses involving
  264         nicotine products; amending s. 893.135, F.S.; defining
  265         the term “dosage unit”; providing applicability;
  266         prohibiting the sale, purchase, delivery, bringing
  267         into this state, or actual or constructive possession
  268         of specified amounts of dosage units of certain
  269         controlled substances; creating the offense of
  270         “trafficking in pharmaceuticals”; providing criminal
  271         penalties; requiring that the court impose, for an
  272         offense relating to trafficking in certain substances,
  273         a sentence pursuant to the Criminal Punishment Code
  274         and without regard to any statutory minimum sentence
  275         if the court makes specified findings under certain
  276         circumstances; providing legislative intent regarding
  277         retroactive application; providing for sentencing or
  278         resentencing of specified drug trafficking offenses
  279         committed before July 1, 2014; amending s. 900.05,
  280         F.S.; revising and providing definitions; revising and
  281         providing data required to be collected and reported
  282         to the Department of Law Enforcement by specified
  283         entities; requiring the department to publish data
  284         received from reporting agencies by a specified date;
  285         imposing penalties on reporting agencies for
  286         noncompliance with data reporting requirements;
  287         declaring information that is confidential and exempt
  288         upon collection by a reporting agency remains
  289         confidential and exempt when reported to the
  290         department; creating s. 900.06, F.S.; defining terms
  291         and specifying covered offenses; requiring that a
  292         custodial interrogation at a place of detention be
  293         electronically recorded in its entirety in connection
  294         with certain offenses; requiring law enforcement
  295         officers who do not comply with the electronic
  296         recording requirement or who conduct custodial
  297         interrogations at a place other than a place of
  298         detention to prepare a specified report; providing
  299         exceptions to the electronic recording requirement;
  300         requiring a court to consider a law enforcement
  301         officer’s failure to comply with the electronic
  302         recording requirement in determining the admissibility
  303         of a statement, unless an exception applies; requiring
  304         a court, upon the request of a defendant, to give
  305         cautionary instructions to a jury under certain
  306         circumstances; providing immunity from civil liability
  307         to law enforcement agencies that enforce certain
  308         rules; providing that no cause of action is created
  309         against a law enforcement officer; amending s.
  310         921.002, F.S.; revising a principle of the Criminal
  311         Punishment Code relating to a prisoner’s required
  312         minimum term of imprisonment; providing retroactivity;
  313         creating s. 943.0578, F.S.; establishing eligibility
  314         criteria for expunction of a criminal history record
  315         by a person found to have acted in lawful self
  316         defense; requiring the department to issue a
  317         certificate of eligibility for expunction if specified
  318         criteria are fulfilled; specifying requirements for a
  319         petition to expunge; creating a penalty for providing
  320         false information on such petition; requiring the
  321         department to adopt rules relating to a certificate of
  322         expunction for lawful self-defense; amending s.
  323         943.0581, F.S.; clarifying that administrative
  324         expunction applies to criminal history records
  325         resulting from an arrest made contrary to law or by
  326         mistake; creating s. 943.0584, F.S.; providing a
  327         definition; specifying criminal history records that
  328         are ineligible for court-ordered expunction or court
  329         ordered sealing; amending s. 943.0585, F.S.; providing
  330         eligibility criteria for court-ordered expunction of a
  331         criminal history record; requiring the department to
  332         issue a certificate of eligibility to petitioners
  333         meeting eligibility criteria; specifying requirements
  334         for a petition for court-ordered expunction;
  335         specifying a court’s authority to expunge criminal
  336         history records; specifying the process for a petition
  337         to expunge a criminal history record; specifying the
  338         process following the issuance of an order to expunge
  339         a criminal history record; specifying the effect of an
  340         order to expunge a criminal history record; amending
  341         s. 943.059, F.S.; providing eligibility criteria for
  342         court-ordered sealing of a criminal history record;
  343         requiring the department to issue a certificate of
  344         eligibility to petitioners meeting eligibility
  345         criteria; specifying requirements for a petition for
  346         court-ordered sealing; specifying a court’s authority
  347         to seal criminal history records; specifying the
  348         process for a petition to seal a criminal history
  349         record; specifying the effect of an order to seal a
  350         criminal history record; creating s. 943.0595, F.S.;
  351         requiring the department to adopt rules to implement
  352         administrative sealing of specified criminal history
  353         records; providing eligibility criteria for
  354         administrative sealing of criminal history records;
  355         specifying ineligible criminal history records;
  356         providing that there is no limitation on the number of
  357         times a person with an eligible criminal history
  358         record may obtain an automatic administrative sealing;
  359         requiring the clerk of court to transmit a certified
  360         copy of an eligible criminal history record to the
  361         department upon the resolution of a criminal case;
  362         specifying that the effect of automatic sealing is the
  363         same as court-ordered sealing; amending s. 943.325,
  364         F.S.; revising legislative findings relating to the
  365         use of the DNA database; amending s. 943.6871, F.S.;
  366         declaring information received by the department from
  367         a reporting agency that is confidential and exempt
  368         upon collection remains confidential and exempt;
  369         requiring the department to commission a racial impact
  370         statement on certain proposed criminal justice
  371         legislation; amending s. 944.275, F.S.; revising the
  372         incentive gain-time that the Department of Corrections
  373         may grant a prisoner for offenses committed on or
  374         after a specified date; amending s. 944.47, F.S.;
  375         providing enhanced penalties for offenses involving
  376         introduction of contraband in correctional facilities
  377         when committed by correctional facility employees;
  378         amending s. 944.704, F.S.; authorizing the department
  379         to increase the number of employees serving as
  380         transition specialists and employment specialists;
  381         requiring transition assistance staff to provide job
  382         assignment credentialing and industry certification
  383         information to inmates before their release; amending
  384         s. 944.705, F.S.; requiring the department to
  385         establish a telephone hotline for released offenders;
  386         requiring that the department provide an inmate with a
  387         comprehensive community reentry resource directory
  388         organized by county before the inmate’s release;
  389         requiring the department to use certain programming
  390         data to notify inmates about reentry resources before
  391         release; authorizing a nonprofit faith-based or
  392         professional business or a civic or community
  393         organization to apply for registration with the
  394         department to provide inmate reentry services;
  395         requiring the department to adopt certain policies and
  396         procedures; authorizing the department to deny
  397         approval and registration of an organization or
  398         representative of an organization under certain
  399         circumstances; authorizing the department to contract
  400         with a public or private educational institution’s
  401         veteran advocacy clinic or veteran legal clinic for
  402         certain purposes; authorizing the department to
  403         contract with public or private organizations to
  404         establish transitional employment programs that
  405         provide employment opportunities to recently released
  406         inmates; requiring the department to adopt certain
  407         rules; amending s. 944.801, F.S.; authorizing the
  408         Correctional Education Program to establish a Prison
  409         Entrepreneurship Program and adopt procedures for
  410         admitting student inmates; providing requirements for
  411         the program; authorizing transitional and postrelease
  412         continuing educational services to be offered under
  413         certain circumstances; requiring the department to
  414         enter into certain agreements to implement the
  415         program; requiring that the program be funded with
  416         existing resources; amending s. 948.001, F.S.;
  417         redefining the term “administrative probation”;
  418         amending s. 948.013, F.S.; authorizing the department
  419         to transfer an offender to administrative probation
  420         under certain circumstances; amending s. 948.03, F.S.;
  421         requiring the department to include in the Florida
  422         Crime Information Center system all conditions of
  423         probation as determined by the court for each
  424         probationer; amending s. 948.04, F.S.; requiring a
  425         court to early terminate a term of probation or
  426         convert the term to administrative probation under
  427         certain circumstances; authorizing a court to continue
  428         reporting probation upon making written findings;
  429         amending s. 948.05, F.S.; requiring the department to
  430         implement a graduated incentives program for
  431         probationers and offenders on community control;
  432         authorizing the department to issue certain incentives
  433         without leave of court; amending s. 948.06, F.S.;
  434         requiring a probation officer to determine whether a
  435         probationer or offender on community control who
  436         commits a technical violation is eligible for a
  437         certain alternative sanctioning program; authorizing
  438         the probation officer to take certain actions if such
  439         probationer or offender is eligible; defining the term
  440         “technical violation”; requiring a court to modify or
  441         continue a probationary term under certain
  442         circumstances; requiring that judicial circuits
  443         establish an alternative sanctioning program;
  444         authorizing the chief judge of each judicial circuit
  445         to issue specified administrative orders; requiring a
  446         probation officer to submit to the court for approval
  447         any recommended sanctions against a probationer or
  448         offender determined to be eligible for the program;
  449         defining the terms “low-risk violation” and “moderate
  450         risk violation”; specifying circumstances under which
  451         a probationer or offender on community control is not
  452         eligible for an alternative sanction; authorizing a
  453         probation officer to offer an eligible probationer one
  454         or more specified alternative sanctions for a first or
  455         second low-risk violation; authorizing a probation
  456         officer, under certain circumstances, to offer an
  457         eligible probationer or offender on community control
  458         one or more specified alternative sanctions for a
  459         first moderate-risk violation; providing that the
  460         participation of a probationer or offender on
  461         community control in the alternative sanctioning
  462         program is voluntary, subject to certain requirements;
  463         specifying actions that a probationer or offender on
  464         community control may take if he or she is eligible
  465         for an alternative sanctioning program; requiring that
  466         a probation officer, under certain circumstances,
  467         submit a recommended sanction to the court;
  468         authorizing the court to impose the recommended
  469         sanction or direct the department to submit a
  470         violation report, affidavit, and warrant to the court;
  471         authorizing a probation officer to submit a violation
  472         report, affidavit, and warrant to the court under
  473         certain circumstances; prohibiting certain evidence in
  474         subsequent proceedings; amending s. 948.08, F.S.;
  475         expanding eligibility criteria for pretrial substance
  476         abuse education programs to include a person with two
  477         or fewer convictions for nonviolent felonies; revising
  478         the list of individuals who, if charged with certain
  479         felonies, are eligible for voluntary admission into a
  480         pretrial veterans’ treatment intervention program
  481         under certain circumstances; creating s. 948.081,
  482         F.S.; authorizing community court programs; providing
  483         program requirements; amending s. 948.16, F.S.;
  484         revising the list of individuals who, if charged with
  485         certain misdemeanors, are eligible for voluntary
  486         admission into a misdemeanor pretrial veterans’
  487         treatment intervention program under certain
  488         circumstances; amending s. 948.21, F.S.; revising the
  489         list of individuals who, if probationers or community
  490         controlees, may be required to participate in a
  491         certain treatment program under certain circumstances;
  492         providing program criteria; amending s. 951.22, F.S.;
  493         prohibiting introduction into or possession of certain
  494         cellular telephones or other portable communication
  495         devices on the grounds of any county detention
  496         facility; providing criminal penalties; amending s.
  497         958.04, F.S.; revising the criteria authorizing a
  498         court to sentence as a youthful offender a person who
  499         is found guilty of, or who pled nolo contendere or
  500         guilty to, committing a felony before the person
  501         turned 21 years of age; amending s. 960.003, F.S.;
  502         conforming cross-references; amending s. 960.07, F.S.;
  503         increasing the timeframe for filing a crime victim
  504         compensation claim; providing an extension for good
  505         cause for a specified period; increasing the timeframe
  506         for a victim or intervenor who was less than 18 years
  507         of age at the time of the crime to file a claim;
  508         providing an extension for good cause for a specified
  509         period; increasing the timeframe for filing a claim
  510         for victim compensation for a victim of a sexually
  511         violent offense; amending s. 960.13, F.S.; increasing
  512         the timeframe for prompt reporting of a crime to be
  513         eligible for a victim compensation award; amending s.
  514         960.195, F.S.; increasing the timeframe for reporting
  515         a criminal or delinquent act resulting in property
  516         loss of an elderly person or disabled adult; amending
  517         s. 960.196, F.S.; increasing the timeframe to report
  518         certain human trafficking offenses to be eligible for
  519         a victim relocation assistance award; providing an
  520         extension for good cause; amending s. 985.12, F.S.;
  521         providing that locally authorized entities may
  522         continue to operate an independent civil citation or
  523         similar prearrest diversion program that is in
  524         operation as of October 1, 2018; requiring each civil
  525         citation or similar diversion program to enter
  526         appropriate youth data into the Juvenile Justice
  527         Information System Prevention Web within a specified
  528         period after the admission of the youth into the
  529         program; amending s. 985.126, F.S.; removing the
  530         requirement for law enforcement officers to submit a
  531         copy of specified documentation to the Department of
  532         Juvenile Justice; requiring certain information be
  533         entered into the Juvenile Justice Information System
  534         Prevention Web within a specified timeframe; amending
  535         s. 985.145, F.S.; deleting the requirement that the
  536         department must enter certain information into the
  537         Juvenile Justice Information System Prevention Web in
  538         specified instances; amending s. 985.265, F.S.;
  539         revising provisions concerning the housing of children
  540         held in detention; prohibiting a child who has been
  541         transferred to adult court for criminal prosecution
  542         pursuant to direct file from being held in a jail or
  543         other facility used for the detention of adults prior
  544         to a hearing to determine if the child should remain
  545         in adult court; amending s. 985.557, F.S.; deleting
  546         references to the state attorney’s discretion to
  547         direct file a juvenile; revising discretionary direct
  548         file criteria; deleting provisions for mandatory
  549         direct file; providing for an opportunity for a
  550         hearing to reverse a direct file; deleting provisions
  551         requiring the mandatory direct filing of charges in
  552         adult court against juveniles in certain
  553         circumstances; amending ss. 776.09, 893.03, 943.053,
  554         and 943.0582, F.S.; conforming cross-references;
  555         amending s. 985.565, F.S.; conforming provisions to
  556         changes made by the act; amending s. 921.0022, F.S.;
  557         listing on levels 3 and 4 certain felonies on the
  558         offense severity ranking chart of the Criminal
  559         Punishment Code; conforming provisions to changes made
  560         by the act; reenacting s. 322.05(11), F.S., relating
  561         to prohibiting the issuance of a driver license to
  562         certain persons, to incorporate the amendment made to
  563         s. 322.056, F.S., in a reference thereto; reenacting
  564         s. 316.027(2)(c) and 907.041(4)(c), F.S., relating to
  565         a crash involving death or personal injuries and
  566         pretrial detention and release, respectively, to
  567         incorporate the amendment made to s. 322.34, F.S., in
  568         references thereto; reenacting s. 910.035(5), F.S.,
  569         relating to transfer for participation in a problem
  570         solving court, to incorporate the amendment made to s.
  571         394.47891, F.S., in a reference thereto; reenacting s.
  572         509.161, F.S., relating to rules of evidence in
  573         certain prosecutions, to incorporate the amendment
  574         made to s. 509.151, F.S., in a reference thereto;
  575         reenacting ss. 790.065(2)(c), 794.056(1), 847.0141(4),
  576         901.41(5), 938.08, 938.085, 943.325(2)(g),
  577         948.06(8)(c), 948.062(1), 960.001(1)(b),
  578         985.265(3)(b), and 1006.147(3)(e), F.S., relating to
  579         the sale and delivery of firearms, the Rape Crisis
  580         Program Trust Fund, sexting, prearrest diversion
  581         programs, additional costs to fund programs in
  582         domestic violence and rape crisis centers, the DNA
  583         database, the definition of the term “qualifying
  584         offense” as it relates to the violation of probation
  585         or community control and failure to pay restitution or
  586         cost of supervision, reviewing and reporting serious
  587         offenses committed by offenders placed on probation or
  588         community control, guidelines for fair treatment of
  589         victims and witnesses in the criminal justice and
  590         juvenile justice systems, detention transfer and
  591         release, education, and adult jails, and the
  592         prohibition of bullying and harassment, respectively,
  593         to incorporate the amendment made to s. 784.048, F.S.,
  594         in references thereto; reenacting s. 316.0775(1),
  595         F.S., relating to interference with official traffic
  596         control devices or railroad signs or signals, to
  597         incorporate the amendment made to s. 806.13, F.S., in
  598         a reference thereto; reenacting ss. 95.18(10),
  599         373.6055(3)(c), 400.9935(3), 550.6305(10), 627.743(2),
  600         634.421(2), 642.038(2), 705.102(4), 812.14(7), and
  601         893.138(3), F.S., relating to real property actions
  602         and adverse possession without color of title,
  603         criminal history checks for certain water management
  604         district employees and others, clinic
  605         responsibilities, intertrack wagering, guest track
  606         payments, and accounting rules, the payment of third
  607         party claims, reporting and accounting for funds,
  608         reporting lost or abandoned property, trespass and
  609         larceny with relation to utility fixtures and the
  610         theft of utility services, and local administrative
  611         action to abate drug-related, prostitution-related, or
  612         stolen-property-related public nuisances and criminal
  613         gang activity, respectively, to incorporate the
  614         amendment made to s. 812.014, F.S., in references
  615         thereto; reenacting ss. 538.09(5) and 538.23(2), F.S.,
  616         relating to the registration of and violations and
  617         penalties for secondhand dealers, respectively, to
  618         incorporate the amendment made to s. 812.015, F.S., in
  619         references thereto; reenacting s. 1006.147(3)(e),
  620         F.S., relating to the prohibition of bullying and
  621         harassment, to incorporate the amendment made to s.
  622         815.03, F.S., in a reference thereto; reenacting ss.
  623         316.80(2), 775.30(1) and (2), 775.33(2), 782.04(5),
  624         and 934.07(3), F.S., relating to the unlawful
  625         conveyance of fuel and obtaining fuel fraudulently,
  626         terrorism, providing material support or resources for
  627         terrorism or to terrorist organizations, the
  628         definition of the term “terrorism” as it relates to
  629         murder, and the authorization for interception of
  630         wire, oral, or electronic communications,
  631         respectively, to incorporate the amendment made to s.
  632         815.06, F.S., in references thereto; reenacting ss.
  633         772.102(1)(a), 847.02, 847.03, 847.09(2),
  634         895.02(8)(a), 933.02(2), 933.03, and 943.325(2)(g),
  635         F.S., relating to the definition of the term “criminal
  636         activity,” the confiscation of obscene material, the
  637         seizure of obscene material by an officer, legislative
  638         intent regarding obscene materials, the definition of
  639         the term “racketeering activity,” grounds for the
  640         issuance of a search warrant, the destruction of
  641         obscene prints and literature, and the DNA database,
  642         respectively, to incorporate the amendment made to s.
  643         847.011, F.S., in a reference thereto; reenacting s.
  644         849.02, F.S., relating to agents or employees of
  645         keepers of gambling houses, to incorporate the
  646         amendment made to s. 849.01, F.S., in a reference
  647         thereto; reenacting ss. 373.6055(3)(c), 397.4073(6),
  648         414.095(1), 772.12(2), 775.087(2)(a) and (3)(a),
  649         782.04(1)(a), (3), and (4), 810.02(3), 893.13(8)(d),
  650         893.1351(1) and (2), 900.05(3)(e), 903.133,
  651         907.041(4)(c), 921.141(9), and 921.142(2), F.S.,
  652         relating to criminal history checks for certain water
  653         management district employees and others, background
  654         checks of service provider personnel, determining
  655         eligibility for temporary cash assistance, the Drug
  656         Dealer Liability Act, possession or use of a weapon,
  657         aggravated battery, felony reclassifications, and
  658         minimum sentencing, murder, burglary, prohibited acts
  659         and penalties relating to controlled substances, the
  660         ownership, lease, rental, or possession for
  661         trafficking in or manufacturing a controlled
  662         substance, criminal justice data collection, the
  663         prohibition of bail on appeal for certain felony
  664         convictions, pretrial detention and release, the
  665         sentence of death or life imprisonment for capital
  666         felonies and further proceedings to determine
  667         sentences, and the sentence of death or life
  668         imprisonment for capital drug trafficking felonies and
  669         further proceedings to determine sentences,
  670         respectively, to incorporate the amendment made to s.
  671         893.135, F.S., in references thereto; reenacting s.
  672         944.026(3)(a), F.S., relating to community-based
  673         facilities and programs, to incorporate the amendment
  674         made to s. 944.704, F.S., in a reference thereto;
  675         reenacting s. 944.4731(6), F.S., relating to the
  676         Addiction-Recovery Supervision Program, to incorporate
  677         the amendment made to s. 944.705, F.S., in a reference
  678         thereto; reenacting s. 447.203(2), F.S., relating to
  679         the definition of the terms “public employer” or
  680         “employer,” to incorporate the amendment made to s.
  681         944.801, F.S., in a reference thereto; reenacting s.
  682         921.187(1)(n), F.S., relating to disposition and
  683         sentencing alternatives, to incorporate the amendment
  684         made to s. 948.013, F.S., in a reference thereto;
  685         reenacting ss. 948.012(2)(b), 948.10(3), 948.20(3),
  686         and 958.14, F.S., relating to split sentencing of
  687         probation or community control and imprisonment,
  688         procedures governing violations of community control,
  689         revocation of drug offender probation, and violations
  690         of probation or community control programs,
  691         respectively, to incorporate the amendment made to s.
  692         948.06, F.S., in references thereto; reenacting ss.
  693         796.07(4)(b), 944.026(3)(b), and 948.036(1), F.S.,
  694         relating to charges of prostitution and related acts,
  695         certain pretrial intervention programs, and work
  696         programs, respectively, to incorporate the amendment
  697         made to s. 948.08, F.S., in references thereto;
  698         reenacting ss. 394.47892(2), 397.334(5), and
  699         910.035(5)(a), F.S., relating to mental health court
  700         programs, treatment-based drug court programs, and
  701         transfer for participation in a problem-solving court,
  702         respectively, to incorporate the amendments made to
  703         ss. 948.08 and 948.16, F.S., in references thereto;
  704         reenacting s. 910.035(5)(a), F.S., relating to
  705         transfer for participation in a problem-solving court,
  706         to incorporate the amendment made to s. 948.21, F.S.,
  707         in a reference thereto; reenacting ss. 958.03(5),
  708         958.045(8)(a), 958.046, and 985.565(4)(c), F.S.,
  709         relating to the definition of the term “youthful
  710         offender,” the youthful offender basic training
  711         program, county-operated youthful offender boot camp
  712         programs, and adult sanctions upon failure of juvenile
  713         sanctions, to incorporate the amendment made to s.
  714         958.04, F.S., in references thereto; reenacting s.
  715         985.556(3), F.S., relating to involuntary mandatory
  716         waiver, to incorporate the amendment made to s.
  717         985.557, F.S., in a reference thereto; reenacting ss.
  718         985.15(1), and 985.26(2)(c), F.S., relating to filing
  719         decisions of state attorneys in the prosecution of a
  720         child, and length of detention for prolific juvenile
  721         offenders, respectively, to incorporate the amendment
  722         made to s. 985.557, F.S., in references thereto;
  723         providing effective dates.
  724          
  725  Be It Enacted by the Legislature of the State of Florida:
  726  
  727         Section 1. Effective July 1, 2019, section 25.025, Florida
  728  Statutes, is created to read:
  729         25.025Headquarters.—
  730         (1)(a)A Supreme Court justice who permanently resides
  731  outside Leon County shall, if he or she so requests, have a
  732  district court of appeal courthouse, a county courthouse, or
  733  another appropriate facility in his or her district of residence
  734  designated as his or her official headquarters pursuant to s.
  735  112.061. This official headquarters may serve only as the
  736  justice’s private chambers.
  737         (b)A justice for whom an official headquarters is
  738  designated in his or her district of residence under this
  739  subsection is eligible for subsistence at a rate to be
  740  established by the Chief Justice for each day or partial day
  741  that the justice is at the Supreme Court Building for the
  742  conduct of the business of the court. In addition to the
  743  subsistence allowance, a justice is eligible for reimbursement
  744  for transportation expenses as provided in s. 112.061(7) for
  745  travel between the justice’s official headquarters and the
  746  Supreme Court Building for the conduct of the business of the
  747  court.
  748         (c)Payment of subsistence and reimbursement for
  749  transportation expenses relating to travel between a justice’s
  750  official headquarters and the Supreme Court Building must be
  751  made to the extent that appropriated funds are available, as
  752  determined by the Chief Justice.
  753         (2)The Chief Justice shall coordinate with each affected
  754  justice and other state and local officials as necessary to
  755  implement paragraph (1)(a).
  756         (3)(a)This section does not require a county to provide
  757  space in a county courthouse for a justice. A county may enter
  758  into an agreement with the Supreme Court governing the use of
  759  space in a county courthouse.
  760         (b)The Supreme Court may not use state funds to lease
  761  space in a district court of appeal courthouse, county
  762  courthouse, or other facility to allow a justice to establish an
  763  official headquarters pursuant to subsection (1).
  764         Section 2. Subsections (9) and (12) of section 26.031,
  765  Florida Statutes, are amended to read:
  766         26.031 Judicial circuits; number of judges.—The number of
  767  circuit judges in each circuit shall be as follows:
  768  
  769  JUDICIAL CIRCUIT                                           TOTAL
  770         (9) Ninth...........................................44 43
  771         (12) Twelfth........................................22 21
  772         Section 3. Section 43.51, Florida Statutes, is created to
  773  read:
  774         43.51Problem-solving court reports.—
  775         (1)The Office of the State Courts Administrator shall
  776  provide an annual report to the President of the Senate and the
  777  Speaker of the House of Representatives which details the number
  778  of participants in each problem-solving court for each fiscal
  779  year the court has been operating and the types of services
  780  provided, identifies each source of funding for each court
  781  during each fiscal year, and provides information on the
  782  performance of each court based upon outcome measures
  783  established by the courts.
  784         (2)For purposes of this section, the term “problem-solving
  785  court” includes, but is not limited to, a drug court pursuant to
  786  s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s. 948.20; a
  787  military veterans’ and servicemembers’ court pursuant to s.
  788  394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental health
  789  court program pursuant to s. 394.47892, s. 948.01, s. 948.06, s.
  790  948.08, or s. 948.16; a community court pursuant to s. 948.081;
  791  or a delinquency pretrial intervention court program pursuant to
  792  s. 985.345.
  793         Section 4. Subsection (8) is added to section 57.105,
  794  Florida Statutes, to read:
  795         57.105 Attorney’s fee; sanctions for raising unsupported
  796  claims or defenses; exceptions; service of motions; damages for
  797  delay of litigation.—
  798         (8)Attorney fees may not be awarded under this section in
  799  proceedings for an injunction for protection pursuant to s.
  800  784.046 or s. 784.0485, unless the court finds by clear and
  801  convincing evidence that the petitioner knowingly made a false
  802  statement or allegation in the petition with regard to a
  803  material matter as defined in s. 837.011(3).
  804         Section 5. Subsection (2) of section 212.15, Florida
  805  Statutes, is amended to read:
  806         212.15 Taxes declared state funds; penalties for failure to
  807  remit taxes; due and delinquent dates; judicial review.—
  808         (2) Any person who, with intent to unlawfully deprive or
  809  defraud the state of its moneys or the use or benefit thereof,
  810  fails to remit taxes collected under this chapter commits is
  811  guilty of theft of state funds, punishable as follows:
  812         (a) If the total amount of stolen revenue is less than
  813  $1,000 $300, the offense is a misdemeanor of the second degree,
  814  punishable as provided in s. 775.082 or s. 775.083. Upon a
  815  second conviction, the offender commits is guilty of a
  816  misdemeanor of the first degree, punishable as provided in s.
  817  775.082 or s. 775.083. Upon a third or subsequent conviction,
  818  the offender commits is guilty of a felony of the third degree,
  819  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  820         (b) If the total amount of stolen revenue is $1,000 $300 or
  821  more, but less than $20,000, the offense is a felony of the
  822  third degree, punishable as provided in s. 775.082, s. 775.083,
  823  or s. 775.084.
  824         (c) If the total amount of stolen revenue is $20,000 or
  825  more, but less than $100,000, the offense is a felony of the
  826  second degree, punishable as provided in s. 775.082, s. 775.083,
  827  or s. 775.084.
  828         (d) If the total amount of stolen revenue is $100,000 or
  829  more, the offense is a felony of the first degree, punishable as
  830  provided in s. 775.082, s. 775.083, or s. 775.084.
  831         Section 6. Subsections (1) through (4) of section 322.055,
  832  Florida Statutes, are amended to read:
  833         322.055 Revocation or suspension of, or delay of
  834  eligibility for, driver license for persons 18 years of age or
  835  older convicted of certain drug offenses.—
  836         (1) Notwithstanding s. 322.28, upon the conviction of a
  837  person 18 years of age or older for possession or sale of,
  838  trafficking in, or conspiracy to possess, sell, or traffic in a
  839  controlled substance, the court shall direct the department to
  840  suspend revoke the person’s driver license or driving privilege
  841  of the person. The suspension period of such revocation shall be
  842  6 months 1 year or until the person is evaluated for and, if
  843  deemed necessary by the evaluating agency, completes a drug
  844  treatment and rehabilitation program approved or regulated by
  845  the Department of Children and Families. However, the court may,
  846  upon finding a compelling circumstance to warrant an exception
  847  in its sound discretion, direct the department to issue a
  848  license for driving privilege restricted to business or
  849  employment purposes only, as defined by s. 322.271, if the
  850  person is otherwise qualified for such a license. A driver whose
  851  license or driving privilege has been suspended or revoked under
  852  this section or s. 322.056 may, upon the expiration of 6 months,
  853  petition the department for restoration of the driving privilege
  854  on a restricted or unrestricted basis depending on length of
  855  suspension or revocation. In no case shall a restricted license
  856  be available until 6 months of the suspension or revocation
  857  period has expired.
  858         (2) If a person 18 years of age or older is convicted for
  859  the possession or sale of, trafficking in, or conspiracy to
  860  possess, sell, or traffic in a controlled substance and such
  861  person is eligible by reason of age for a driver license or
  862  privilege, the court shall direct the department to withhold
  863  issuance of such person’s driver license or driving privilege
  864  for a period of 6 months 1 year after the date the person was
  865  convicted or until the person is evaluated for and, if deemed
  866  necessary by the evaluating agency, completes a drug treatment
  867  and rehabilitation program approved or regulated by the
  868  Department of Children and Families. However, the court may,
  869  upon finding a compelling circumstance to warrant an exception
  870  in its sound discretion, direct the department to issue a
  871  license for driving privilege restricted to business or
  872  employment purposes only, as defined by s. 322.271, if the
  873  person is otherwise qualified for such a license. A driver whose
  874  license or driving privilege has been suspended or revoked under
  875  this section or s. 322.056 may, upon the expiration of 6 months,
  876  petition the department for restoration of the driving privilege
  877  on a restricted or unrestricted basis depending on the length of
  878  suspension or revocation. In no case shall a restricted license
  879  be available until 6 months of the suspension or revocation
  880  period has expired.
  881         (3) If a person 18 years of age or older is convicted for
  882  the possession or sale of, trafficking in, or conspiracy to
  883  possess, sell, or traffic in a controlled substance and such
  884  person’s driver license or driving privilege is already under
  885  suspension or revocation for any reason, the court shall direct
  886  the department to extend the period of such suspension or
  887  revocation by an additional period of 6 months 1 year or until
  888  the person is evaluated for and, if deemed necessary by the
  889  evaluating agency, completes a drug treatment and rehabilitation
  890  program approved or regulated by the Department of Children and
  891  Families. However, the court may, upon finding a compelling
  892  circumstance to warrant an exception in its sound discretion,
  893  direct the department to issue a license for driving privilege
  894  restricted to business or employment purposes only, as defined
  895  by s. 322.271, if the person is otherwise qualified for such a
  896  license. A driver whose license or driving privilege has been
  897  suspended or revoked under this section or s. 322.056 may, upon
  898  the expiration of 6 months, petition the department for
  899  restoration of the driving privilege on a restricted or
  900  unrestricted basis depending on the length of suspension or
  901  revocation. In no case shall a restricted license be available
  902  until 6 months of the suspension or revocation period has
  903  expired.
  904         (4) If a person 18 years of age or older is convicted for
  905  the possession or sale of, trafficking in, or conspiracy to
  906  possess, sell, or traffic in a controlled substance and such
  907  person is ineligible by reason of age for a driver license or
  908  driving privilege, the court shall direct the department to
  909  withhold issuance of such person’s driver license or driving
  910  privilege for a period of 6 months 1 year after the date that he
  911  or she would otherwise have become eligible or until he or she
  912  becomes eligible by reason of age for a driver license and is
  913  evaluated for and, if deemed necessary by the evaluating agency,
  914  completes a drug treatment and rehabilitation program approved
  915  or regulated by the Department of Children and Families.
  916  However, the court may, upon finding a compelling circumstance
  917  to warrant an exception in its sound discretion, direct the
  918  department to issue a license for driving privilege restricted
  919  to business or employment purposes only, as defined by s.
  920  322.271, if the person is otherwise qualified for such a
  921  license. A driver whose license or driving privilege has been
  922  suspended or revoked under this section or s. 322.056 may, upon
  923  the expiration of 6 months, petition the department for
  924  restoration of the driving privilege on a restricted or
  925  unrestricted basis depending on the length of suspension or
  926  revocation. In no case shall a restricted license be available
  927  until 6 months of the suspension or revocation period has
  928  expired.
  929         Section 7. Section 322.056, Florida Statutes, is amended to
  930  read:
  931         322.056 Mandatory revocation or suspension of, or delay of
  932  eligibility for, driver license for persons under age 18 found
  933  guilty of certain alcohol, drug, or tobacco offenses;
  934  prohibition.—
  935         (1) Notwithstanding the provisions of s. 322.055, if a
  936  person under 18 years of age is found guilty of or delinquent
  937  for a violation of s. 562.11(2), s. 562.111, or chapter 893,
  938  and:
  939         (a) The person is eligible by reason of age for a driver
  940  license or driving privilege, the court shall direct the
  941  department to revoke or to withhold issuance of his or her
  942  driver license or driving privilege for a period of 6 months:
  943         1.Not less than 6 months and not more than 1 year for the
  944  first violation.
  945         2.Two years, for a subsequent violation.
  946         (b) The person’s driver license or driving privilege is
  947  under suspension or revocation for any reason, the court shall
  948  direct the department to extend the period of suspension or
  949  revocation by an additional period of 6 months:
  950         1.Not less than 6 months and not more than 1 year for the
  951  first violation.
  952         2.Two years, for a subsequent violation.
  953         (c) The person is ineligible by reason of age for a driver
  954  license or driving privilege, the court shall direct the
  955  department to withhold issuance of his or her driver license or
  956  driving privilege for a period of:
  957         1.Not less than 6 months and not more than 1 year after
  958  the date on which he or she would otherwise have become
  959  eligible, for the first violation.
  960         2.Two years after the date on which he or she would
  961  otherwise have become eligible, for a subsequent violation.
  962  
  963  However, the court may, upon finding a compelling circumstance
  964  to warrant an exception in its sound discretion, direct the
  965  department to issue a license for driving privileges restricted
  966  to business or employment purposes only, as defined in s.
  967  322.271, if the person is otherwise qualified for such a
  968  license.
  969         (2)If a person under 18 years of age is found by the court
  970  to have committed a noncriminal violation under s. 569.11 or s.
  971  877.112(6) or (7) and that person has failed to comply with the
  972  procedures established in that section by failing to fulfill
  973  community service requirements, failing to pay the applicable
  974  fine, or failing to attend a locally available school-approved
  975  anti-tobacco program, and:
  976         (a)The person is eligible by reason of age for a driver
  977  license or driving privilege, the court shall direct the
  978  department to revoke or to withhold issuance of his or her
  979  driver license or driving privilege as follows:
  980         1.For the first violation, for 30 days.
  981         2.For the second violation within 12 weeks of the first
  982  violation, for 45 days.
  983         (b)The person’s driver license or driving privilege is
  984  under suspension or revocation for any reason, the court shall
  985  direct the department to extend the period of suspension or
  986  revocation by an additional period as follows:
  987         1.For the first violation, for 30 days.
  988         2.For the second violation within 12 weeks of the first
  989  violation, for 45 days.
  990         (c)The person is ineligible by reason of age for a driver
  991  license or driving privilege, the court shall direct the
  992  department to withhold issuance of his or her driver license or
  993  driving privilege as follows:
  994         1.For the first violation, for 30 days.
  995         2.For the second violation within 12 weeks of the first
  996  violation, for 45 days.
  997  
  998  Any second violation of s. 569.11 or s. 877.112(6) or (7) not
  999  within the 12-week period after the first violation will be
 1000  treated as a first violation and in the same manner as provided
 1001  in this subsection.
 1002         (3)If a person under 18 years of age is found by the court
 1003  to have committed a third violation of s. 569.11 or s.
 1004  877.112(6) or (7) within 12 weeks of the first violation, the
 1005  court must direct the Department of Highway Safety and Motor
 1006  Vehicles to suspend or withhold issuance of his or her driver
 1007  license or driving privilege for 60 consecutive days. Any third
 1008  violation of s. 569.11 or s. 877.112(6) or (7) not within the
 1009  12-week period after the first violation will be treated as a
 1010  first violation and in the same manner as provided in subsection
 1011  (2).
 1012         (2)(4) A penalty imposed under this section shall be in
 1013  addition to any other penalty imposed by law.
 1014         (5)The suspension or revocation of a person’s driver
 1015  license imposed pursuant to subsection (2) or subsection (3),
 1016  shall not result in or be cause for an increase of the convicted
 1017  person’s, or his or her parent’s or legal guardian’s, automobile
 1018  insurance rate or premium or result in points assessed against
 1019  the person’s driving record.
 1020         Section 8. Section 322.057, Florida Statutes, is repealed.
 1021         Section 9. Subsection (2) of section 322.34, Florida
 1022  Statutes, is amended to read:
 1023         322.34 Driving while license suspended, revoked, canceled,
 1024  or disqualified.—
 1025         (2) Any person whose driver license or driving privilege
 1026  has been canceled, suspended, or revoked as provided by law,
 1027  except persons defined in s. 322.264, who, knowing of such
 1028  cancellation, suspension, or revocation, drives any motor
 1029  vehicle upon the highways of this state while such license or
 1030  privilege is canceled, suspended, or revoked, upon:
 1031         (a) A first conviction commits is guilty of a misdemeanor
 1032  of the second degree, punishable as provided in s. 775.082 or s.
 1033  775.083.
 1034         (b) A second or subsequent conviction commits is guilty of
 1035  a misdemeanor of the first degree, punishable as provided in s.
 1036  775.082 or s. 775.083.
 1037         (c)A third or subsequent conviction is guilty of a felony
 1038  of the third degree, punishable as provided in s. 775.082, s.
 1039  775.083, or s. 775.084.
 1040  
 1041  The element of knowledge is satisfied if the person has been
 1042  previously cited as provided in subsection (1); or the person
 1043  admits to knowledge of the cancellation, suspension, or
 1044  revocation; or the person received notice as provided in
 1045  subsection (4). There shall be a rebuttable presumption that the
 1046  knowledge requirement is satisfied if a judgment or order as
 1047  provided in subsection (4) appears in the department’s records
 1048  for any case except for one involving a suspension by the
 1049  department for failure to pay a traffic fine or for a financial
 1050  responsibility violation.
 1051         Section 10. Section 322.75, Florida Statutes, is created to
 1052  read:
 1053         322.75Driver License Reinstatement Days.—
 1054         (1)Each clerk of court shall establish a Driver License
 1055  Reinstatement Days program for reinstating suspended driver
 1056  licenses. Participants may include, but are not limited to, the
 1057  Department of Highway Safety and Motor Vehicles, the state
 1058  attorney’s office, the public defender’s office, the circuit and
 1059  county courts, the clerk of court, and any interested community
 1060  organization.
 1061         (2)The clerk of court, in consultation with other
 1062  participants, shall select 1 or more days annually for an event
 1063  at which a person may have his or her driver license reinstated.
 1064  The clerk may work with the Florida Association of Court Clerks
 1065  and Comptrollers to promote such program, develop
 1066  communications, and coordinate the event. A person must pay the
 1067  full license reinstatement fee; however, the clerk may reduce or
 1068  waive other fees and costs to facilitate reinstatement.
 1069         (3)The clerk of court is encouraged to schedule at least
 1070  one event on a weekend or with hours after 5 p.m. on a weekday.
 1071         (4)(a)A person is eligible for reinstatement under the
 1072  program if his or her license was suspended due to:
 1073         1.Driving without a valid driver license;
 1074         2.Driving with a suspended driver license;
 1075         3.Failing to make a payment on penalties in collection;
 1076         4.Failing to appear in court for a traffic violation; or
 1077         5.Failing to comply with any provision of chapter 318 or
 1078  this chapter.
 1079         (b)Notwithstanding paragraphs (5)(a)-(c), a person is
 1080  eligible for reinstatement under the program if the period of
 1081  suspension or revocation has elapsed, the person has completed
 1082  any required course or program as described in paragraph (5)(c),
 1083  and the person is otherwise eligible for reinstatement.
 1084         (5)A person is not eligible for reinstatement under the
 1085  program if his or her driver license is suspended or revoked due
 1086  to:
 1087         (a)The person’s failure to fulfill a court-ordered child
 1088  support obligation;
 1089         (b)A violation of s. 316.193;
 1090         (c)The person’s failure to complete a driver training
 1091  program, driver improvement course, or alcohol or substance
 1092  abuse education or evaluation program required under s. 316.192,
 1093  s. 316.193, s. 322.2616, s. 322.271, or s. 322.264;
 1094         (d)A traffic-related felony; or
 1095         (e)The person being designated as a habitual traffic
 1096  offender under s. 322.264.
 1097         (6)The clerk of court and the Department of Highway Safety
 1098  and Motor Vehicles shall verify any information necessary for
 1099  reinstatement of a driver license under the program.
 1100         (7)The clerk of court must collect and report to the
 1101  Florida Clerks of Court Operations Corporation all of the
 1102  following:
 1103         (a)Number of cases paid in full.
 1104         (b)Number of cases put on a payment plan.
 1105         (c)Number of driver license reinstatements.
 1106         (d)Number of driver licenses made eligible for
 1107  reinstatement.
 1108         (e)Amount of fees and costs collected, reported by the
 1109  entity receiving the funds. The Florida Clerks of Court
 1110  Operations Corporation must report the aggregate funds received
 1111  by the clerks of court, the local governmental entities, and
 1112  state entities, including the General Revenue Fund.
 1113         (f)The personnel, operating, security, and other
 1114  expenditures incurred by the clerk of court.
 1115         (g)The number of cases that fail to comply with a payment
 1116  plan and subsequently result in driver license suspension.
 1117         (8)The Florida Clerks of Court Operations Corporation
 1118  shall report the information collected in subsection (7) in its
 1119  annual report required by s. 28.35.
 1120         Section 11. Paragraph (b) of subsection (11) of section
 1121  381.0041, Florida Statutes, is amended to read:
 1122         381.0041 Donation and transfer of human tissue; testing
 1123  requirements.—
 1124         (11)
 1125         (b) Any person who has human immunodeficiency virus
 1126  infection, who knows he or she is infected with human
 1127  immunodeficiency virus, and who has been informed that he or she
 1128  may communicate this disease by donating blood, plasma, organs,
 1129  skin, or other human tissue who donates blood, plasma, organs,
 1130  skin, or other human tissue for use in another person, other
 1131  than a person who knows he or she is infected with human
 1132  immunodeficiency virus, commits is guilty of a felony of the
 1133  third degree, punishable as provided in s. 775.082, s. 775.083,
 1134  or s. 775.084.
 1135         Section 12. Present subsection (3) of section 384.23,
 1136  Florida Statutes, is redesignated as subsection (4), and a new
 1137  subsection (3) and subsection (5) are added to that section, to
 1138  read:
 1139         384.23 Definitions.—
 1140         (3)“Sexual conduct” means conduct between persons,
 1141  regardless of gender, which is capable of transmitting a
 1142  sexually transmissible disease, including, but not limited to,
 1143  contact between a:
 1144         (a)Penis and a vulva or an anus; or
 1145         (b)Mouth and a penis, a vulva, or an anus.
 1146         (5)“Substantial risk of transmission” means a reasonable
 1147  probability of disease transmission as proven by competent
 1148  medical or epidemiological evidence.
 1149         Section 13. Section 384.24, Florida Statutes, is amended to
 1150  read:
 1151         384.24 Unlawful acts.—
 1152         (1) It is unlawful for any person who has chancroid,
 1153  gonorrhea, granuloma inguinale, lymphogranuloma venereum,
 1154  genital herpes simplex, chlamydia, nongonococcal urethritis
 1155  (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or
 1156  syphilis, or human immunodeficiency virus infection, when such
 1157  person knows he or she is infected with one or more of these
 1158  diseases and when such person has been informed that he or she
 1159  may communicate this disease to another person through sexual
 1160  conduct intercourse, to act with the intent to transmit the
 1161  disease, to engage in have sexual conduct that poses a
 1162  substantial risk of transmission to another person when the
 1163  intercourse with any other person is unaware that the person is
 1164  a carrier of the disease, and to transmit the disease to the,
 1165  unless such other person has been informed of the presence of
 1166  the sexually transmissible disease and has consented to the
 1167  sexual intercourse.
 1168         (2) A person does not act with the intent set forth in
 1169  subsection (1) if he or she in good faith complies with a
 1170  treatment regimen prescribed by his or her health care provider
 1171  or with the behavioral recommendations of his or her health care
 1172  provider or public health officials to limit the risk of
 1173  transmission, or if he or she offers to comply with such
 1174  behavioral recommendations, but such offer is rejected by the
 1175  other person with whom he or she is engaging in sexual conduct.
 1176  For purposes of this section, the term “behavioral
 1177  recommendations” includes, but is not limited to, the use of a
 1178  prophylactic device to limit the risk of transmission of the
 1179  disease. Evidence of the person’s failure to comply with such a
 1180  treatment regimen or such behavioral recommendations is not, in
 1181  and of itself, sufficient to establish that he or she acted with
 1182  the intent set forth in subsection (1) It is unlawful for any
 1183  person who has human immunodeficiency virus infection, when such
 1184  person knows he or she is infected with this disease and when
 1185  such person has been informed that he or she may communicate
 1186  this disease to another person through sexual intercourse, to
 1187  have sexual intercourse with any other person, unless such other
 1188  person has been informed of the presence of the sexually
 1189  transmissible disease and has consented to the sexual
 1190  intercourse.
 1191         Section 14. Section 384.34, Florida Statutes, is amended to
 1192  read:
 1193         384.34 Penalties.—
 1194         (1) Any person who violates s. 384.24 the provisions of s.
 1195  384.24(1) commits a misdemeanor of the first degree, punishable
 1196  as provided in s. 775.082 or s. 775.083.
 1197         (2) Any person who violates the provisions of s. 384.26 or
 1198  s. 384.29 commits a misdemeanor of the first degree, punishable
 1199  as provided in s. 775.082 or s. 775.083.
 1200         (3) Any person who maliciously disseminates any false
 1201  information or report concerning the existence of any sexually
 1202  transmissible disease commits a misdemeanor felony of the first
 1203  third degree, punishable as provided in s. 775.082 or s. 775.083
 1204  ss. 775.082, 775.083, and 775.084.
 1205         (4) Any person who violates the provisions of the
 1206  department’s rules pertaining to sexually transmissible diseases
 1207  may be punished by a fine not to exceed $500 for each violation.
 1208  Any penalties enforced under this subsection shall be in
 1209  addition to other penalties provided by this chapter. The
 1210  department may enforce this section and adopt rules necessary to
 1211  administer this section.
 1212         (5)Any person who violates s. 384.24(2) commits a felony
 1213  of the third degree, punishable as provided in s. 775.082, s.
 1214  775.083, or s. 775.084. Any person who commits multiple
 1215  violations of s. 384.24(2) commits a felony of the first degree,
 1216  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1217         (6) Any person who obtains information that identifies an
 1218  individual who has a sexually transmissible disease, who knew or
 1219  should have known the nature of the information and maliciously,
 1220  or for monetary gain, disseminates this information or otherwise
 1221  makes this information known to any other person, except by
 1222  providing it either to a physician or nurse employed by the
 1223  Department of Health or to a law enforcement agency, commits a
 1224  felony of the third degree, punishable as provided in s.
 1225  775.082, s. 775.083, or s. 775.084.
 1226         Section 15. Section 394.47891, Florida Statutes, is amended
 1227  to read:
 1228         394.47891 Military veterans, and servicemembers, and others
 1229  court programs.—The chief judge of each judicial circuit shall
 1230  may establish a Military Veterans and Servicemembers Court
 1231  Program under which veterans, as defined in s. 1.01, including
 1232  veterans who were discharged or released under a general
 1233  discharge, and servicemembers, as defined in s. 250.01;
 1234  individuals who are current or former United States Department
 1235  of Defense contractors; and individuals who are current or
 1236  former military members of a foreign allied country, who are
 1237  charged or convicted of a criminal offense and who suffer from a
 1238  military-related mental illness, traumatic brain injury,
 1239  substance abuse disorder, or psychological problem can be
 1240  sentenced in accordance with chapter 921 in a manner that
 1241  appropriately addresses the severity of the mental illness,
 1242  traumatic brain injury, substance abuse disorder, or
 1243  psychological problem through services tailored to the
 1244  individual needs of the participant. Entry into any Military
 1245  Veterans and Servicemembers Court Program must be based upon the
 1246  sentencing court’s assessment of the defendant’s criminal
 1247  history, military service, substance abuse treatment needs,
 1248  mental health treatment needs, amenability to the services of
 1249  the program, the recommendation of the state attorney and the
 1250  victim, if any, and the defendant’s agreement to enter the
 1251  program.
 1252         Section 16. Subsection (2) of section 394.917, Florida
 1253  Statutes, is amended to read:
 1254         394.917 Determination; commitment procedure; mistrials;
 1255  housing; counsel and costs in indigent appellate cases.—
 1256         (2) If the court or jury determines that the person is a
 1257  sexually violent predator, upon the expiration of the
 1258  incarcerative portion of all criminal sentences and disposition
 1259  of any detainers, the person shall be committed to the custody
 1260  of the Department of Children and Families for control, care,
 1261  and treatment, and rehabilitation of criminal offenders, until
 1262  such time as the person’s mental abnormality or personality
 1263  disorder has so changed that it is safe for the person to be at
 1264  large. At all times, persons who are detained or committed under
 1265  this part shall be kept in a secure facility segregated from
 1266  patients of the department who are not detained or committed
 1267  under this part.
 1268         Section 17. Subsection (2) of section 397.334, Florida
 1269  Statutes, is amended to read:
 1270         397.334 Treatment-based drug court programs.—
 1271         (2) Entry into any pretrial treatment-based drug court
 1272  program shall be voluntary. When neither s. 948.08(6)(c)1. nor
 1273  2. s. 948.08(6)(a)1. nor 2. applies, the court may order an
 1274  eligible individual to enter into a pretrial treatment-based
 1275  drug court program only upon written agreement by the
 1276  individual, which shall include a statement that the individual
 1277  understands the requirements of the program and the potential
 1278  sanctions for noncompliance.
 1279         Section 18. Present subsections (3) through (12) of section
 1280  455.213, Florida Statutes, are redesignated as subsections (4)
 1281  through (13), respectively, subsection (2) of that section is
 1282  amended, and a new subsection (3) is added to that section, to
 1283  read:
 1284         455.213 General licensing provisions.—
 1285         (2) Before the issuance of any license, the department may
 1286  charge an initial license fee as determined by rule of the
 1287  applicable board or, if no such board exists, by rule of the
 1288  department. Upon receipt of the appropriate license fee, except
 1289  as provided in subsection (4) (3), the department shall issue a
 1290  license to any person certified by the appropriate board, or its
 1291  designee, or the department when there is no board, as having
 1292  met the applicable requirements imposed by law or rule. However,
 1293  an applicant who is not otherwise qualified for licensure is not
 1294  entitled to licensure solely based on a passing score on a
 1295  required examination. Upon a determination by the department
 1296  that it erroneously issued a license, or upon the revocation of
 1297  a license by the applicable board, or by the department when
 1298  there is no board, the licensee must surrender his or her
 1299  license to the department.
 1300         (3)(a)Notwithstanding any other provision of law, the
 1301  department or applicable board shall use the process in this
 1302  subsection for review of an applicant’s criminal history record
 1303  to determine his or her eligibility for licensure.
 1304         (b)A conviction, or any other adjudication, for a crime
 1305  more than 5 years before the date the application is received by
 1306  the applicable board may not be grounds for denial of a license.
 1307  For purposes of this paragraph, the term “conviction” means a
 1308  determination of guilt that is the result of a plea or trial,
 1309  regardless of whether adjudication is withheld. This paragraph
 1310  does not limit the department or applicable board from
 1311  considering an applicant’s criminal history that includes a
 1312  crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time only
 1313  if such criminal history has been found to relate to the
 1314  practice of the applicable profession, or any crime if it has
 1315  been found to relate to good moral character if the practice of
 1316  the applicable profession requires such a standard.
 1317         (c)1.A person may apply for a license before his or her
 1318  lawful release from confinement or supervision. The department
 1319  may not charge an applicant an additional fee for being confined
 1320  or under supervision. The department or applicable board may not
 1321  deny an application for a license solely on the basis of the
 1322  applicant’s current confinement or supervision.
 1323         2.After a license application is approved, the department
 1324  or applicable board may stay the issuance of a license until the
 1325  applicant is lawfully released from confinement or supervision
 1326  and the applicant notifies the department or applicable board of
 1327  such release. The department or applicable board must verify the
 1328  applicant’s release with the Department of Corrections, or other
 1329  applicable authority, before it issues a license.
 1330         3.If an applicant is unable to appear in person due to his
 1331  or her confinement or supervision, the department or applicable
 1332  board must permit the applicant to appear by teleconference or
 1333  video conference, as appropriate, at any meeting of the
 1334  applicable board or other hearing by the agency concerning his
 1335  or her application.
 1336         4.If an applicant is confined or under supervision, the
 1337  Department of Corrections, or other applicable authority, and
 1338  the department or applicable board shall cooperate and
 1339  coordinate to facilitate the appearance of the applicant at a
 1340  board meeting or agency hearing in person, by teleconference, or
 1341  by video conference, as appropriate.
 1342         (d)The department and each applicable board shall compile
 1343  a list of crimes that do not relate to the practice of the
 1344  profession or the ability to practice the profession and do not
 1345  constitute grounds for denial of a license even when such crimes
 1346  result in a conviction, regardless of adjudication. This list
 1347  shall be made available on the department’s website and be
 1348  updated annually. Beginning October 1, 2019, each applicable
 1349  board shall compile a list of crimes that, although reported by
 1350  an applicant for licensure, were not used as a basis for denial.
 1351  The list must identify the crime reported for each license
 1352  application and:
 1353         1.The date of conviction or the sentencing date, whichever
 1354  occurs later; and
 1355         2.The date that adjudication was entered.
 1356         (e)The department and each applicable board shall compile
 1357  a list of crimes that have been used as a basis for denial of a
 1358  license in the past 2 years, which shall be made available on
 1359  the department’s website. Beginning October 1, 2019, the
 1360  applicable board shall compile a list indicating each crime used
 1361  as a basis for denial and update such list quarterly thereafter.
 1362  For each crime listed, the applicable board must identify:
 1363         1.The date of conviction or the sentencing date, whichever
 1364  occurs later; and
 1365         2.The date that adjudication was entered.
 1366  
 1367  Such denials must be made available to the public upon request.
 1368         Section 19. Subsection (4) of section 474.2165, Florida
 1369  Statutes, is amended to read:
 1370         474.2165 Ownership and control of veterinary medical
 1371  patient records; report or copies of records to be furnished.—
 1372         (4) Except as otherwise provided in this section, such
 1373  records may not be furnished to, and the medical condition of a
 1374  patient may not be discussed with, any person other than the
 1375  client or the client’s legal representative or other
 1376  veterinarians involved in the care or treatment of the patient,
 1377  except upon written authorization of the client. However, such
 1378  records may be furnished without written authorization under the
 1379  following circumstances:
 1380         (a) To any person, firm, or corporation that has procured
 1381  or furnished such examination or treatment with the client’s
 1382  consent.
 1383         (b) In any civil or criminal action, unless otherwise
 1384  prohibited by law, upon the issuance of a subpoena from a court
 1385  of competent jurisdiction and proper notice to the client or the
 1386  client’s legal representative by the party seeking such records.
 1387         (c) For statistical and scientific research, provided the
 1388  information is abstracted in such a way as to protect the
 1389  identity of the patient and the client, or provided written
 1390  permission is received from the client or the client’s legal
 1391  representative.
 1392         (d)In any criminal action or situation in which a
 1393  veterinarian suspects a criminal violation. If a criminal
 1394  violation is suspected, a veterinarian may, without notice to or
 1395  authorization from the client, report the violation to a law
 1396  enforcement officer, an animal control officer who is certified
 1397  pursuant to s. 828.27(4)(a), or an agent appointed under s.
 1398  828.03. However, if a suspected violation occurs at a commercial
 1399  food-producing animal operation on land classified as
 1400  agricultural under s. 193.461, the veterinarian must provide
 1401  notice to the client or the client’s legal representative before
 1402  reporting the suspected violation to an officer or agent under
 1403  this paragraph. The report may not include written medical
 1404  records except upon the issuance of an order from a court of
 1405  competent jurisdiction.
 1406         Section 20. Subsections (2), (3), and (4) of section
 1407  489.126, Florida Statutes, are amended, and subsections (5) and
 1408  (6) are added to that section, to read:
 1409         489.126 Moneys received by contractors.—
 1410         (2)(a) A contractor who receives, as initial payment, money
 1411  totaling more than 10 percent of the contract price for repair,
 1412  restoration, improvement, or construction to residential real
 1413  property must:
 1414         1.(a) Apply for permits necessary to do work within 30 days
 1415  after the date payment is made, except where the work does not
 1416  require a permit under the applicable codes and ordinances, and
 1417         2.(b) Start the work within 90 days after the date all
 1418  necessary permits for work, if any, are issued,
 1419  
 1420  unless the contractor has just cause for failing to apply for
 1421  the necessary permits, starting the work, or refunding the
 1422  payment, or unless the person who made the payment agreed, in
 1423  writing, to a longer period to apply for the necessary permits
 1424  or start the work or to longer periods for both.
 1425         (b)1.If a contractor fails to comply with paragraph (a),
 1426  written demand must be made to the contractor in the form of a
 1427  letter that includes a demand to apply for the necessary
 1428  permits, start the work, or refund the payment sent via
 1429  certified mail, return receipt requested, mailed to the address
 1430  listed in the contracting agreement. If there is no address for
 1431  the contractor listed in the contracting agreement, or no
 1432  written agreement exists, the letter must be mailed to the
 1433  address listed with the department for licensing purposes or the
 1434  local construction industry licensing board, if applicable.
 1435         2.It may be inferred that a contractor does not have just
 1436  cause if the contractor fails to apply for the necessary
 1437  permits, start the work, or refund payments within 30 days of
 1438  receiving written demand to apply for the necessary permits,
 1439  start the work, or refund the payment from the person who made
 1440  the payment.
 1441         (3)(a) A contractor who receives money for repair,
 1442  restoration, addition, improvement, or construction of
 1443  residential real property in excess of the value of the work
 1444  performed may shall not, with intent to defraud the owner, fail
 1445  or refuse to perform any work for any 90-day period.
 1446         (b) It is prima facie evidence Proof that a contractor
 1447  received money for the repair, restoration, addition,
 1448  improvement, or construction of residential real property and
 1449  that the amount received exceeds the value of the work performed
 1450  by the contractor when and that:
 1451         1. The contractor failed to perform any of the work for
 1452  which he or she contracted during any 90-day 60-day period;
 1453         2. The failure to perform any such work during the 90-day
 1454  60-day period was not related to the owner’s termination of the
 1455  contract or a material breach of the contract by the owner; and
 1456         3. The contractor failed to perform for 90 days without
 1457  just cause or terminated the contract without proper
 1458  notification to the owner.
 1459         a.Proper notification of termination for purposes of this
 1460  subparagraph must be made by the contractor in the form of a
 1461  letter that includes the reason for termination of the contract
 1462  or the reason for failure to perform sent via certified mail,
 1463  return receipt requested, mailed to the address of the owner
 1464  listed in the contracting agreement. If no written agreement
 1465  exists, the letter must be mailed to the address where the work
 1466  was to be performed or the address listed on the permit, if
 1467  applicable.
 1468         b.If a contractor fails to comply with paragraph (a),
 1469  written demand must be made to the contractor in the form of a
 1470  letter that includes a demand to perform work, or refund the
 1471  money received in excess of the value of the work performed,
 1472  sent via certified mail, return receipt requested, mailed to the
 1473  address listed in the contracting agreement. If there is no
 1474  address for the contractor listed in the contracting agreement,
 1475  or no agreement exists, the letter must be mailed to the address
 1476  listed with the department for licensing purposes or the local
 1477  construction industry licensing board, if applicable.
 1478         c.It may be inferred that a contractor does not have just
 1479  cause if the contractor fails to perform work, or refund the
 1480  money received in excess of the value of the work performed,
 1481  within 30 days after receiving a written demand to perform the
 1482  work, or refund the money received in excess of the value of the
 1483  work performed, from the person who made the payment., for an
 1484  additional 30-day period after the date of mailing of
 1485  notification as specified in paragraph (c), to perform any work
 1486  for which he or she contracted,
 1487  
 1488  gives rise to an inference that the money in excess of the value
 1489  of the work performed was taken with the intent to defraud.
 1490         (c)Notification as contemplated in paragraph (b) consists
 1491  of a certified letter, return receipt requested, mailed to the
 1492  address of the contractor as listed in the written contracting
 1493  agreement. The letter must indicate that the contractor has
 1494  failed to perform any work for a 60-day period, that the failure
 1495  to perform the work was not the result of the owner’s
 1496  termination of the contract or a material breach of the contract
 1497  by the owner, and that the contractor must recommence
 1498  construction within 30 days after the date of mailing of the
 1499  letter. If there is no address for the contractor listed in the
 1500  written contracting agreement, or no written agreement exists,
 1501  the letter must be mailed to the address of the contractor
 1502  listed in the building permit application.
 1503         (4) Any violation of subsection (2) or subsection (3) must
 1504  be prosecuted in accordance with the thresholds established in
 1505  this section and the following: Any person who violates any
 1506  provision of this section is guilty of theft and shall be
 1507  prosecuted and punished under s. 812.014.
 1508         (a)The required intent to prove a criminal violation may
 1509  be shown to exist at the time that the contractor appropriated
 1510  the money to his or her own use and is not required to be proven
 1511  to exist at the time of the taking of the money from the owner
 1512  or at the time the owner makes a payment to the contractor.
 1513         (b)It may be inferred that a contractor intended to
 1514  deprive the owner of the right to the money owed, or deprive the
 1515  owner of the benefit from it, and inferred that the contractor
 1516  appropriated the money for his or her own use, or to a person
 1517  not entitled to the use of the money, if the contractor fails to
 1518  refund any portion of the money owed within 30 days after
 1519  receiving a written demand for such money from the owner.
 1520         (c)In a prosecution for a violation of this section, the
 1521  fact that the person so charged intended to return the money
 1522  owed is not a defense.
 1523         (5)A person who violates subsection (2) commits:
 1524         (a)A misdemeanor of the first degree, punishable as
 1525  provided in s. 775.082 or s. 775.083, if the total money
 1526  received is less than $1,000.
 1527         (b)A felony of the third degree, punishable as provided in
 1528  s. 775.082, s. 775.083, or s. 775.084, if the total money
 1529  received is $1,000 or more, but less than $20,000.
 1530         (c)A felony of the second degree, punishable as provided
 1531  in s. 775.082, s. 775.083, or s. 775.084, if the total money
 1532  received is $20,000 or more, but less than $200,000.
 1533         (d)A felony of the first degree, punishable as provided in
 1534  s. 775.082, s. 775.083, or s. 775.084, if the total money
 1535  received is $200,000 or more.
 1536         (6)A person who violates subsection (3) commits:
 1537         (a)A misdemeanor of the first degree, punishable as
 1538  provided in s. 775.082 or s. 775.083, if the total money
 1539  received exceeding the value of the work performed is less than
 1540  $1,000.
 1541         (b)A felony of the third degree, punishable as provided in
 1542  s. 775.082, s. 775.083, or s. 775.084, if the total money
 1543  received exceeding the value of the work performed is $1,000 or
 1544  more, but less than $20,000.
 1545         (c)A felony of the second degree, punishable as provided
 1546  in s. 775.082, s. 775.083, or s. 775.084, if the total money
 1547  received exceeding the value of the work performed is $20,000 or
 1548  more, but less than $200,000.
 1549         (d)A felony of the first degree, punishable as provided in
 1550  s. 775.082, s. 775.083, or s. 775.084, if the total money
 1551  received exceeding the value of the work performed is $200,000
 1552  or more.
 1553         Section 21. Present subsection (6) of section 489.553,
 1554  Florida Statutes, is redesignated as subsection (10), and a new
 1555  subsection (6) and subsections (7), (8), and (9) are added to
 1556  that section, to read:
 1557         489.553 Administration of part; registration
 1558  qualifications; examination.—
 1559         (6)Notwithstanding any other provision of law, a
 1560  conviction, or any other adjudication, for a crime more than 5
 1561  years before the date the application is received by the
 1562  department may not be grounds for denial of registration. For
 1563  purposes of this subsection, the term “conviction” means a
 1564  determination of guilt that is the result of a plea or trial,
 1565  regardless of whether adjudication is withheld. This subsection
 1566  does not limit a board from considering an applicant’s criminal
 1567  history that includes any crime listed in s. 775.21(4)(a)1. or
 1568  s. 776.08 at any time only if such criminal history has been
 1569  found to relate to the practice of the applicable profession, or
 1570  any crime if it has been found to relate to good moral
 1571  character.
 1572         (7)(a)A person may apply to be registered before his or
 1573  her lawful release from confinement or supervision. The
 1574  department may not charge an applicant an additional fee for
 1575  being confined or under supervision. The department may not deny
 1576  an application for registration solely on the basis of the
 1577  applicant’s current confinement or supervision.
 1578         (b)After a registration application is approved, the
 1579  department may stay the issuance of registration until the
 1580  applicant is lawfully released from confinement or supervision
 1581  and the applicant notifies the board of such release. The
 1582  department must verify the applicant’s release with the
 1583  Department of Corrections, or other applicable authority, before
 1584  it registers such applicant.
 1585         (c)If an applicant is unable to appear in person due to
 1586  his or her confinement or supervision, the department must
 1587  permit the applicant to appear by teleconference or video
 1588  conference, as appropriate, at any meeting or hearing by the
 1589  department concerning his or her application.
 1590         (d)If an applicant is confined or under supervision, the
 1591  Department of Corrections, or other applicable authority, and
 1592  the department shall cooperate and coordinate to facilitate the
 1593  appearance of the applicant at a meeting or hearing in person,
 1594  by teleconference, or by video conference, as appropriate.
 1595         (8)The department shall compile a list of crimes that do
 1596  not relate to the practice of the profession or the ability to
 1597  practice the profession and do not constitute grounds for denial
 1598  of registration even when such crimes result in a conviction,
 1599  regardless of adjudication. This list shall be made available on
 1600  the department’s website and be updated annually. Beginning
 1601  October 1, 2019, and updated quarterly thereafter, the
 1602  department shall add to this list such crimes that, although
 1603  reported by an applicant for registration, were not used as a
 1604  basis for denial in the past 2 years. The list must identify the
 1605  crime reported for each registration application and:
 1606         (a)The date of conviction or sentencing, whichever occurs
 1607  later; and
 1608         (b)The date that adjudication was entered.
 1609         (9)The department shall compile a list of crimes that have
 1610  been used as a basis for denial of registration in the past 2
 1611  years, which shall be made available on the department’s
 1612  website. Beginning October 1, 2019, and updated quarterly
 1613  thereafter, the department shall add to this list each crime
 1614  used as a basis for denial. For each crime listed, the
 1615  department must identify:
 1616         (a)The date of conviction or sentencing, whichever occurs
 1617  later.
 1618         (b)The date adjudication was entered.
 1619  
 1620  Such denials must be made available to the public upon request.
 1621         Section 22. Subsection (2) of section 500.451, Florida
 1622  Statutes, is amended and subsection (1) of that section is
 1623  republished, to read:
 1624         500.451 Horse meat; offenses.—
 1625         (1) It is unlawful for any person to:
 1626         (a) Sell in the markets of this state horse meat for human
 1627  consumption unless the horse meat is clearly stamped, marked,
 1628  and described as horse meat for human consumption.
 1629         (b) Knowingly transport, distribute, sell, purchase, or
 1630  possess horse meat for human consumption that is not clearly
 1631  stamped, marked, and described as horse meat for human
 1632  consumption or horse meat that is not acquired from a licensed
 1633  slaughterhouse.
 1634         (2) A person that violates this section commits a felony of
 1635  the third degree, punishable as provided in s. 775.082, s.
 1636  775.083, or s. 775.084, except that any person who commits a
 1637  violation of this section must shall be sentenced to a minimum
 1638  mandatory fine of $3,500 and a minimum mandatory period of
 1639  incarceration of 1 year.
 1640         Section 23. Subsection (1) of section 509.151, Florida
 1641  Statutes, is amended to read:
 1642         509.151 Obtaining food or lodging with intent to defraud;
 1643  penalty.—
 1644         (1) Any person who obtains food, lodging, or other
 1645  accommodations having a value of less than $1,000 $300 at any
 1646  public food service establishment, or at any transient
 1647  establishment, with intent to defraud the operator thereof,
 1648  commits is guilty of a misdemeanor of the second degree,
 1649  punishable as provided in s. 775.082 or s. 775.083; if such
 1650  food, lodging, or other accommodations have a value of $1,000
 1651  $300 or more, such person commits is guilty of a felony of the
 1652  third degree, punishable as provided in s. 775.082, s. 775.083,
 1653  or s. 775.084.
 1654         Section 24. Paragraph (a) of subsection (1) and paragraph
 1655  (c) of subsection (2) of section 562.11, Florida Statutes, are
 1656  amended to read:
 1657         562.11 Selling, giving, or serving alcoholic beverages to
 1658  person under age 21; providing a proper name; misrepresenting or
 1659  misstating age or age of another to induce licensee to serve
 1660  alcoholic beverages to person under 21; penalties.—
 1661         (1)(a)1. A person may not sell, give, serve, or permit to
 1662  be served alcoholic beverages to a person under 21 years of age
 1663  or permit a person under 21 years of age to consume such
 1664  beverages on the licensed premises. A person who violates this
 1665  paragraph subparagraph commits a misdemeanor of the second
 1666  degree, punishable as provided in s. 775.082 or s. 775.083. A
 1667  person who violates this paragraph subparagraph a second or
 1668  subsequent time within 1 year after a prior conviction commits a
 1669  misdemeanor of the first degree, punishable as provided in s.
 1670  775.082 or s. 775.083.
 1671         2.In addition to any other penalty imposed for a violation
 1672  of subparagraph 1., the court may order the Department of
 1673  Highway Safety and Motor Vehicles to withhold the issuance of,
 1674  or suspend or revoke, the driver license or driving privilege,
 1675  as provided in s. 322.057, of any person who violates
 1676  subparagraph 1. This subparagraph does not apply to a licensee,
 1677  as defined in s. 561.01, who violates subparagraph 1. while
 1678  acting within the scope of his or her license or an employee or
 1679  agent of a licensee, as defined in s. 561.01, who violates
 1680  subparagraph 1. while engaged within the scope of his or her
 1681  employment or agency.
 1682         3.A court that withholds the issuance of, or suspends or
 1683  revokes, the driver license or driving privilege of a person
 1684  pursuant to subparagraph 2. may direct the Department of Highway
 1685  Safety and Motor Vehicles to issue the person a license for
 1686  driving privilege restricted to business purposes only, as
 1687  defined in s. 322.271, if he or she is otherwise qualified.
 1688         (2) It is unlawful for any person to misrepresent or
 1689  misstate his or her age or the age of any other person for the
 1690  purpose of inducing any licensee or his or her agents or
 1691  employees to sell, give, serve, or deliver any alcoholic
 1692  beverages to a person under 21 years of age, or for any person
 1693  under 21 years of age to purchase or attempt to purchase
 1694  alcoholic beverages.
 1695         (c) In addition to any other penalty imposed for a
 1696  violation of this subsection, if a person uses a driver license
 1697  or identification card issued by the Department of Highway
 1698  Safety and Motor Vehicles in violation of this subsection, the
 1699  court:
 1700         1. may order the person to participate in public service or
 1701  a community work project for a period not to exceed 40 hours;
 1702  and
 1703         2.Shall direct the Department of Highway Safety and Motor
 1704  Vehicles to withhold issuance of, or suspend or revoke, the
 1705  person’s driver license or driving privilege, as provided in s.
 1706  322.056.
 1707         Section 25. Subsection (3) of section 562.111, Florida
 1708  Statutes, is amended to read:
 1709         562.111 Possession of alcoholic beverages by persons under
 1710  age 21 prohibited.—
 1711         (3)In addition to any other penalty imposed for a
 1712  violation of subsection (1), the court shall direct the
 1713  Department of Highway Safety and Motor Vehicles to withhold
 1714  issuance of, or suspend or revoke, the violator’s driver license
 1715  or driving privilege, as provided in s. 322.056.
 1716         Section 26. Subsection (8) of section 562.27, Florida
 1717  Statutes, is amended, and subsections (1) through (7) of that
 1718  section are republished, to read:
 1719         562.27 Seizure and forfeiture.—
 1720         (1) It is unlawful for any person to have in her or his
 1721  possession, custody, or control, or to own, make, construct, or
 1722  repair, any still, still piping, still apparatus, or still worm,
 1723  or any piece or part thereof, designed or adapted for the
 1724  manufacture of an alcoholic beverage, or to have in her or his
 1725  possession, custody or control any receptacle or container
 1726  containing any mash, wort, or wash, or other fermented liquids
 1727  whatever capable of being distilled or manufactured into an
 1728  alcoholic beverage, unless such possession, custody, control,
 1729  ownership, manufacture, construction, or repairing be by or for
 1730  a person authorized by law to manufacture such alcoholic
 1731  beverage.
 1732         (2) It is unlawful for any person to have in her or his
 1733  possession, custody, or control any raw materials or substance
 1734  intended to be used in the distillation or manufacturing of an
 1735  alcoholic beverage unless the person holds a license from the
 1736  state authorizing the manufacture of the alcoholic beverage.
 1737         (3) The terms “raw material” or “substance” for the purpose
 1738  of this chapter shall mean and include, but not be limited to,
 1739  any of the following: Any grade or type of sugar, syrup, or
 1740  molasses derived from sugarcane, sugar beets, corn, sorghum, or
 1741  any other source; starch; potatoes; grain or cornmeal, corn
 1742  chops, cracked corn, rye chops, middlings, shorts, bran, or any
 1743  other grain derivative; malt; malt sugar or malt syrup; oak
 1744  chips, charred or not charred; yeast; cider; honey; fruit;
 1745  grapes; berries; fruit, grape or berry juices or concentrates;
 1746  wine; caramel; burnt sugar; gin flavor; Chinese bean cake or
 1747  Chinese wine cake; urea; ammonium phosphate, ammonium carbonate,
 1748  ammonium sulphate, or any other yeast food; ethyl acetate or any
 1749  other ethyl ester; any other material of the character used in
 1750  the manufacture of distilled spirits or any chemical or other
 1751  material suitable for promoting or accelerating fermentation;
 1752  any chemical or material of the character used in the production
 1753  of distilled spirits by chemical reaction; or any combination of
 1754  such materials or chemicals.
 1755         (4) Any such raw materials, substance, or any still, still
 1756  piping, still apparatus, or still worm, or any piece or part
 1757  thereof, or any mash, wort, or wash, or other fermented liquid
 1758  and the receptacle or container thereof, and any alcoholic
 1759  beverage, together with all personal property used to facilitate
 1760  the manufacture or production of the alcoholic beverage or to
 1761  facilitate the violation of the alcoholic beverage control laws
 1762  of this state or the United States, may be seized by the
 1763  division or by any sheriff or deputy sheriff and shall be
 1764  forfeited to the state.
 1765         (5) It shall be unlawful for any person to sell or
 1766  otherwise dispose of raw materials or other substances knowing
 1767  same are to be used in the distillation or manufacture of an
 1768  alcoholic beverage unless such person receiving same, by
 1769  purchase or otherwise, holds a license from the state
 1770  authorizing the manufacture of such alcoholic beverage.
 1771         (6) Any vehicle, vessel, or aircraft used in the
 1772  transportation or removal of or for the deposit or concealment
 1773  of any illicit liquor still or stilling apparatus; any mash,
 1774  wort, wash, or other fermented liquids capable of being
 1775  distilled or manufactured into an alcoholic beverage; or any
 1776  alcoholic beverage commonly known and referred to as “moonshine
 1777  whiskey” shall be seized and may be forfeited as provided by the
 1778  Florida Contraband Forfeiture Act. Any sheriff, deputy sheriff,
 1779  employee of the division, or police officer may seize any of the
 1780  vehicles, vessels, or conveyances, and the same may be forfeited
 1781  as provided by law.
 1782         (7) The finding of any still, still piping, still
 1783  apparatus, or still worm, or any piece or part thereof, or any
 1784  mash, wort, or wash or other fermented liquids in the dwelling
 1785  house or place of business, or so near thereto as to lead to the
 1786  reasonable belief that they are within the possession, custody,
 1787  or control of the occupants of the dwelling house or place of
 1788  business, shall be prima facie evidence of a violation of this
 1789  section by the occupants of the dwelling house or place of
 1790  business.
 1791         (8) Any person violating any provisions of this section of
 1792  the law commits shall be guilty of a misdemeanor felony of the
 1793  second third degree, punishable as provided in s. 775.082 or, s.
 1794  775.083, or s. 775.084.
 1795         Section 27. Subsections (1) and (2) of section 562.451,
 1796  Florida Statutes, are amended to read:
 1797         562.451 Moonshine whiskey; ownership, possession, or
 1798  control prohibited; penalties; rule of evidence.—
 1799         (1) Any person who owns or has in her or his possession or
 1800  under her or his control less than 1 gallon of liquor, as
 1801  defined in the Beverage Law, which was not made or manufactured
 1802  in accordance with the laws in effect at the time when and place
 1803  where the same was made or manufactured commits shall be guilty
 1804  of a misdemeanor of the second degree, punishable as provided in
 1805  s. 775.082 or s. 775.083.
 1806         (2) Any person who owns or has in her or his possession or
 1807  under her or his control 1 gallon or more of liquor, as defined
 1808  in the Beverage Law, which was not made or manufactured in
 1809  accordance with the laws in effect at the time when and place
 1810  where the same was made or manufactured commits shall be guilty
 1811  of a misdemeanor felony of the first third degree, punishable as
 1812  provided in s. 775.082 or, s. 775.083, or s. 775.084.
 1813         Section 28. Subsections (1), (2), and (5) of section
 1814  569.11, Florida Statutes, are amended to read:
 1815         569.11 Possession, misrepresenting age or military service
 1816  to purchase, and purchase of tobacco products by persons under
 1817  18 years of age prohibited; penalties; jurisdiction; disposition
 1818  of fines.—
 1819         (1) It is unlawful for any person under 18 years of age to
 1820  knowingly possess any tobacco product. Any person under 18 years
 1821  of age who violates the provisions of this subsection commits a
 1822  noncriminal violation as provided in s. 775.08(3), punishable
 1823  by:
 1824         (a) For a first violation, 16 hours of community service
 1825  or, instead of community service, a $25 fine. In addition, the
 1826  person must attend a school-approved anti-tobacco program, if
 1827  locally available; or
 1828         (b) For a second or subsequent violation within 12 weeks
 1829  after of the first violation, a $25 fine; or
 1830         (c)For a third or subsequent violation within 12 weeks of
 1831  the first violation, the court must direct the Department of
 1832  Highway Safety and Motor Vehicles to withhold issuance of or
 1833  suspend or revoke the person’s driver license or driving
 1834  privilege, as provided in s. 322.056.
 1835  
 1836  Any second or subsequent violation not within the 12-week time
 1837  period after the first violation is punishable as provided for a
 1838  first violation.
 1839         (2) It is unlawful for any person under 18 years of age to
 1840  misrepresent his or her age or military service for the purpose
 1841  of inducing a dealer or an agent or employee of the dealer to
 1842  sell, give, barter, furnish, or deliver any tobacco product, or
 1843  to purchase, or attempt to purchase, any tobacco product from a
 1844  person or a vending machine. Any person under 18 years of age
 1845  who violates a provision of this subsection commits a
 1846  noncriminal violation as provided in s. 775.08(3), punishable
 1847  by:
 1848         (a) For a first violation, 16 hours of community service
 1849  or, instead of community service, a $25 fine and, in addition,
 1850  the person must attend a school-approved anti-tobacco program,
 1851  if available; or
 1852         (b) For a second or subsequent violation within 12 weeks
 1853  after of the first violation, a $25 fine; or
 1854         (c)For a third or subsequent violation within 12 weeks of
 1855  the first violation, the court must direct the Department of
 1856  Highway Safety and Motor Vehicles to withhold issuance of or
 1857  suspend or revoke the person’s driver license or driving
 1858  privilege, as provided in s. 322.056.
 1859  
 1860  Any second or subsequent violation not within the 12-week time
 1861  period after the first violation is punishable as provided for a
 1862  first violation.
 1863         (5)(a) If a person under 18 years of age is found by the
 1864  court to have committed a noncriminal violation under this
 1865  section and that person has failed to complete community
 1866  service, pay the fine as required by paragraph (1)(a) or
 1867  paragraph (2)(a), or attend a school-approved anti-tobacco
 1868  program, if locally available, the court may must direct the
 1869  Department of Highway Safety and Motor Vehicles to withhold
 1870  issuance of or suspend the driver license or driving privilege
 1871  of that person for a period of 30 consecutive days.
 1872         (b) If a person under 18 years of age is found by the court
 1873  to have committed a noncriminal violation under this section and
 1874  that person has failed to pay the applicable fine as required by
 1875  paragraph (1)(b) or paragraph (2)(b), the court may must direct
 1876  the Department of Highway Safety and Motor Vehicles to withhold
 1877  issuance of or suspend the driver license or driving privilege
 1878  of that person for a period of 45 consecutive days.
 1879         Section 29. Section 713.69, Florida Statutes, is amended to
 1880  read:
 1881         713.69 Unlawful to remove property upon which lien has
 1882  accrued.—It is unlawful for any person to remove any property
 1883  upon which a lien has accrued under the provisions of s. 713.68
 1884  from any hotel, apartment house, roominghouse, lodginghouse,
 1885  boardinghouse or tenement house without first making full
 1886  payment to the person operating or conducting the same of all
 1887  sums due and payable for such occupancy or without first having
 1888  the written consent of such person so conducting or operating
 1889  such place to so remove such property. Any person who violates
 1890  violating the provisions of this section shall, if the value of
 1891  the property removed in violation hereof is less than $1,000 be
 1892  of the value of $50 or less, commits be guilty of a misdemeanor
 1893  of the second degree, punishable as provided in s. 775.082 or s.
 1894  775.083; and if the value of the property so removed is $1,000
 1895  or more, should be of greater value than $50 then such person
 1896  commits shall be guilty of a felony of the third degree,
 1897  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1898         Section 30. Paragraphs (a) and (d) of subsection (9) of
 1899  section 775.082, Florida Statutes, are amended to read:
 1900         775.082 Penalties; applicability of sentencing structures;
 1901  mandatory minimum sentences for certain reoffenders previously
 1902  released from prison.—
 1903         (9)(a)1. “Prison releasee reoffender” means any defendant
 1904  who commits, or attempts to commit:
 1905         a. Treason;
 1906         b. Murder;
 1907         c. Manslaughter;
 1908         d. Sexual battery;
 1909         e. Carjacking;
 1910         f. Home-invasion robbery;
 1911         g. Robbery;
 1912         h. Arson;
 1913         i. Kidnapping;
 1914         j. Aggravated assault with a deadly weapon;
 1915         k. Aggravated battery;
 1916         l. Aggravated stalking;
 1917         m. Aircraft piracy;
 1918         n. Unlawful throwing, placing, or discharging of a
 1919  destructive device or bomb;
 1920         o. Any felony that involves the use or threat of physical
 1921  force or violence against an individual;
 1922         p. Armed burglary;
 1923         q. Burglary of a dwelling or burglary of an occupied
 1924  structure; or
 1925         r. Any felony violation of s. 790.07, s. 800.04, s. 827.03,
 1926  s. 827.071, or s. 847.0135(5);
 1927  
 1928  within 3 years after being released from a state correctional
 1929  facility operated by the Department of Corrections or a private
 1930  vendor, a county detention facility following incarceration for
 1931  an offense for which the sentence pronounced was a prison
 1932  sentence, or within 3 years after being released from a
 1933  correctional institution of another state, the District of
 1934  Columbia, the United States, any possession or territory of the
 1935  United States, or any foreign jurisdiction, following
 1936  incarceration for an offense for which the sentence is
 1937  punishable by more than 1 year in this state.
 1938         2. “Prison releasee reoffender” also means any defendant
 1939  who commits or attempts to commit any offense listed in sub
 1940  subparagraphs (a)1.a.-r. while the defendant was serving a
 1941  prison sentence or on escape status from a state correctional
 1942  facility operated by the Department of Corrections or a private
 1943  vendor or while the defendant was on escape status from a
 1944  correctional institution of another state, the District of
 1945  Columbia, the United States, any possession or territory of the
 1946  United States, or any foreign jurisdiction, following
 1947  incarceration for an offense for which the sentence is
 1948  punishable by more than 1 year in this state.
 1949         3. If the state attorney determines that a defendant is a
 1950  prison releasee reoffender as defined in subparagraph 1., the
 1951  state attorney may seek to have the court sentence the defendant
 1952  as a prison releasee reoffender. Upon proof from the state
 1953  attorney that establishes by a preponderance of the evidence
 1954  that a defendant is a prison releasee reoffender as defined in
 1955  this section, such defendant is not eligible for sentencing
 1956  under the sentencing guidelines and must be sentenced as
 1957  follows:
 1958         a. For a felony punishable by life, by a term of
 1959  imprisonment for life;
 1960         b. For a felony of the first degree, by a term of
 1961  imprisonment of 30 years;
 1962         c. For a felony of the second degree, by a term of
 1963  imprisonment of 15 years; and
 1964         d. For a felony of the third degree, by a term of
 1965  imprisonment of 5 years.
 1966         (d)1. It is the intent of the Legislature that offenders
 1967  previously released from prison or a county detention facility
 1968  following incarceration for an offense for which the sentence
 1969  pronounced was a prison sentence who meet the criteria in
 1970  paragraph (a) be punished to the fullest extent of the law and
 1971  as provided in this subsection, unless the state attorney
 1972  determines that extenuating circumstances exist which preclude
 1973  the just prosecution of the offender, including whether the
 1974  victim recommends that the offender not be sentenced as provided
 1975  in this subsection.
 1976         2. For every case in which the offender meets the criteria
 1977  in paragraph (a) and does not receive the mandatory minimum
 1978  prison sentence, the state attorney must explain the sentencing
 1979  deviation in writing and place such explanation in the case file
 1980  maintained by the state attorney.
 1981         Section 31. Subsection (6) is added to section 775.087,
 1982  Florida Statutes, to read:
 1983         775.087 Possession or use of weapon; aggravated battery;
 1984  felony reclassification; minimum sentence.—
 1985         (6)It is the intent of the Legislature to retroactively
 1986  apply chapter 2016-7, Laws of Florida, only as provided in this
 1987  subsection to persons who committed aggravated assault or
 1988  attempted aggravated assault before July 1, 2016, the effective
 1989  date of chapter 2016-7, Laws of Florida, which amended this
 1990  section to remove aggravated assault or attempted aggravated
 1991  assault from the list of predicate offenses for mandatory
 1992  minimum terms of imprisonment under this section.
 1993         (a)On or after October 1, 2019, a person who committed
 1994  aggravated assault or attempted aggravated assault before July
 1995  1, 2016, may not be sentenced to a mandatory minimum term of
 1996  imprisonment under this section as it existed at any time before
 1997  its amendment by chapter 2016-7, Laws of Florida.
 1998         (b)A person who committed aggravated assault or attempted
 1999  aggravated assault before July 1, 2016, who was sentenced before
 2000  October 1, 2019, to a mandatory minimum term of imprisonment
 2001  pursuant to this section as it existed at any time before its
 2002  amendment by chapter 2016-7, Laws of Florida, and who is serving
 2003  such mandatory minimum term of imprisonment on or after October
 2004  1, 2019, shall be resentenced to a sentence without such
 2005  mandatory minimum term of imprisonment. The person shall be
 2006  resentenced to a sentence as provided in s. 775.082, s. 775.083,
 2007  or s. 775.084.
 2008         (c)A person sentenced or resentenced pursuant to this
 2009  subsection is eligible to receive any gain-time pursuant to s.
 2010  944.275 which he or she was previously ineligible to receive
 2011  because of the imposition of the mandatory minimum term of
 2012  imprisonment.
 2013         Section 32. Subsections (1) and (3) of section 775.0877,
 2014  Florida Statutes, are amended to read:
 2015         775.0877 Criminal transmission of HIV; procedures;
 2016  penalties.—
 2017         (1) In any case in which a person has been convicted of or
 2018  has pled nolo contendere or guilty to, regardless of whether
 2019  adjudication is withheld, any of the following offenses, or the
 2020  attempt thereof, which offense or attempted offense involves the
 2021  transmission of body fluids from one person to another:
 2022         (a) Section 794.011, relating to sexual battery;
 2023         (b) Section 826.04, relating to incest;
 2024         (c) Section 800.04, relating to lewd or lascivious offenses
 2025  committed upon or in the presence of persons less than 16 years
 2026  of age;
 2027         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
 2028  relating to assault;
 2029         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
 2030  relating to aggravated assault;
 2031         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
 2032  relating to battery;
 2033         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
 2034  relating to aggravated battery;
 2035         (h) Section 827.03(2)(c), relating to child abuse;
 2036         (i) Section 827.03(2)(a), relating to aggravated child
 2037  abuse;
 2038         (j) Section 825.102(1), relating to abuse of an elderly
 2039  person or disabled adult;
 2040         (k) Section 825.102(2), relating to aggravated abuse of an
 2041  elderly person or disabled adult;
 2042         (l) Section 827.071, relating to sexual performance by
 2043  person less than 18 years of age;
 2044         (m) Sections 796.07 and 796.08, relating to prostitution;
 2045  or
 2046         (n) Section 381.0041(11)(b), relating to donation of blood,
 2047  plasma, organs, skin, or other human tissue; or
 2048         (o) Sections 787.06(3)(b), (d), (f), and (g), relating to
 2049  human trafficking,
 2050  
 2051  the court shall order the offender to undergo HIV testing, to be
 2052  performed under the direction of the Department of Health in
 2053  accordance with s. 381.004, unless the offender has undergone
 2054  HIV testing voluntarily or pursuant to procedures established in
 2055  s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
 2056  rule providing for HIV testing of criminal offenders or inmates,
 2057  subsequent to her or his arrest for an offense enumerated in
 2058  paragraphs (a)-(m) (a)-(n) for which she or he was convicted or
 2059  to which she or he pled nolo contendere or guilty. The results
 2060  of an HIV test performed on an offender pursuant to this
 2061  subsection are not admissible in any criminal proceeding arising
 2062  out of the alleged offense.
 2063         (3) An offender who has undergone HIV testing pursuant to
 2064  subsection (1), and to whom positive test results have been
 2065  disclosed pursuant to subsection (2), who commits a second or
 2066  subsequent offense enumerated in paragraphs (1)(a)-(m) (1)(a)
 2067  (n), commits criminal transmission of HIV, a felony of the third
 2068  degree, punishable as provided in s. 775.082 or, s. 775.083, or
 2069  s. 775.084. A person may be convicted and sentenced separately
 2070  for a violation of this subsection and for the underlying crime
 2071  enumerated in paragraphs (1)(a)-(m) (1)(a)-(n).
 2072         Section 33. Paragraph (d) of subsection (1) of section
 2073  784.048, Florida Statutes, is amended, and subsections (2)
 2074  through (5) and (7) of that section are republished, to read:
 2075         784.048 Stalking; definitions; penalties.—
 2076         (1) As used in this section, the term:
 2077         (d) “Cyberstalk” means:
 2078         1. To engage in a course of conduct to communicate, or to
 2079  cause to be communicated, words, images, or language by or
 2080  through the use of electronic mail or electronic communication,
 2081  directed at a specific person; or
 2082         2.To access, or attempt to access, the online accounts or
 2083  Internet-connected home electronic systems of another person
 2084  without that person’s permission,
 2085  
 2086  causing substantial emotional distress to that person and
 2087  serving no legitimate purpose.
 2088         (2) A person who willfully, maliciously, and repeatedly
 2089  follows, harasses, or cyberstalks another person commits the
 2090  offense of stalking, a misdemeanor of the first degree,
 2091  punishable as provided in s. 775.082 or s. 775.083.
 2092         (3) A person who willfully, maliciously, and repeatedly
 2093  follows, harasses, or cyberstalks another person and makes a
 2094  credible threat to that person commits the offense of aggravated
 2095  stalking, a felony of the third degree, punishable as provided
 2096  in s. 775.082, s. 775.083, or s. 775.084.
 2097         (4) A person who, after an injunction for protection
 2098  against repeat violence, sexual violence, or dating violence
 2099  pursuant to s. 784.046, or an injunction for protection against
 2100  domestic violence pursuant to s. 741.30, or after any other
 2101  court-imposed prohibition of conduct toward the subject person
 2102  or that person’s property, knowingly, willfully, maliciously,
 2103  and repeatedly follows, harasses, or cyberstalks another person
 2104  commits the offense of aggravated stalking, a felony of the
 2105  third degree, punishable as provided in s. 775.082, s. 775.083,
 2106  or s. 775.084.
 2107         (5) A person who willfully, maliciously, and repeatedly
 2108  follows, harasses, or cyberstalks a child under 16 years of age
 2109  commits the offense of aggravated stalking, a felony of the
 2110  third degree, punishable as provided in s. 775.082, s. 775.083,
 2111  or s. 775.084.
 2112         (7) A person who, after having been sentenced for a
 2113  violation of s. 794.011, s. 800.04, or s. 847.0135(5) and
 2114  prohibited from contacting the victim of the offense under s.
 2115  921.244, willfully, maliciously, and repeatedly follows,
 2116  harasses, or cyberstalks the victim commits the offense of
 2117  aggravated stalking, a felony of the third degree, punishable as
 2118  provided in s. 775.082, s. 775.083, or s. 775.084.
 2119         Section 34. Subsection (1) of section 790.052, Florida
 2120  Statutes, is amended to read:
 2121         790.052 Carrying concealed firearms; off-duty law
 2122  enforcement officers.—
 2123         (1)(a) All persons holding active certifications from the
 2124  Criminal Justice Standards and Training Commission as law
 2125  enforcement officers or correctional officers as defined in s.
 2126  943.10(1), (2), (6), (7), (8), or (9) shall have the right to
 2127  carry, on or about their persons, concealed firearms, during
 2128  off-duty hours, at the discretion of their superior officers,
 2129  and may perform those law enforcement functions that they
 2130  normally perform during duty hours, utilizing their weapons in a
 2131  manner which is reasonably expected of on-duty officers in
 2132  similar situations.
 2133         (b)All persons holding an active certification from the
 2134  Criminal Justice Standards and Training Commission as a law
 2135  enforcement officer or a correctional officer as defined in s.
 2136  943.10(1), (2), (6), (7), (8), or (9) meet the definition of
 2137  “qualified law enforcement officer” in 18 U.S.C. s. 926B(c).
 2138         (c)All persons who held an active certification from the
 2139  Criminal Justice Standards and Training Commission as a law
 2140  enforcement officer or correctional officer as defined in s.
 2141  943.10(1), (2), (6), (7), (8), or (9), while working for an
 2142  employing agency, as defined in s. 943.10(4), but have separated
 2143  from service under the conditions set forth in 18 U.S.C. s.
 2144  926C(c), meet the definition of “qualified retired law
 2145  enforcement officer.”
 2146         (d)However, nothing in This section does not subsection
 2147  shall be construed to limit the right of a law enforcement
 2148  officer, correctional officer, or correctional probation officer
 2149  to carry a concealed firearm off duty as a private citizen under
 2150  the exemption provided in s. 790.06 that allows a law
 2151  enforcement officer, correctional officer, or correctional
 2152  probation officer as defined in s. 943.10(1), (2), (3), (6),
 2153  (7), (8), or (9) to carry a concealed firearm without a
 2154  concealed weapon or firearm license. The appointing or employing
 2155  agency or department of an officer carrying a concealed firearm
 2156  as a private citizen under s. 790.06 shall not be liable for the
 2157  use of the firearm in such capacity. Nothing herein limits the
 2158  authority of the appointing or employing agency or department
 2159  from establishing policies limiting law enforcement officers or
 2160  correctional officers from carrying concealed firearms during
 2161  off-duty hours in their capacity as appointees or employees of
 2162  the agency or department.
 2163         Section 35. Subsections (5) and (10) of section 790.22,
 2164  Florida Statutes, are amended to read:
 2165         790.22 Use of BB guns, air or gas-operated guns, or
 2166  electric weapons or devices by minor under 16; limitation;
 2167  possession of firearms by minor under 18 prohibited; penalties.—
 2168         (5)(a) A minor who violates subsection (3) commits a
 2169  misdemeanor of the first degree; for a first offense, may serve
 2170  a period of detention of up to 3 days in a secure detention
 2171  facility; and, in addition to any other penalty provided by law,
 2172  shall be required to perform 100 hours of community service;
 2173  and:
 2174         1. If the minor is eligible by reason of age for a driver
 2175  license or driving privilege, the court may shall direct the
 2176  Department of Highway Safety and Motor Vehicles to revoke or to
 2177  withhold issuance of the minor’s driver license or driving
 2178  privilege for up to 1 year.
 2179         2. If the minor’s driver license or driving privilege is
 2180  under suspension or revocation for any reason, the court may
 2181  shall direct the Department of Highway Safety and Motor Vehicles
 2182  to extend the period of suspension or revocation by an
 2183  additional period of up to 1 year.
 2184         3. If the minor is ineligible by reason of age for a driver
 2185  license or driving privilege, the court may shall direct the
 2186  Department of Highway Safety and Motor Vehicles to withhold
 2187  issuance of the minor’s driver license or driving privilege for
 2188  up to 1 year after the date on which the minor would otherwise
 2189  have become eligible.
 2190         (b) For a second or subsequent offense, a minor who
 2191  violates subsection (3) commits a felony of the third degree and
 2192  shall serve a period of detention of up to 15 days in a secure
 2193  detention facility and shall be required to perform not less
 2194  than 100 nor more than 250 hours of community service, and:
 2195         1. If the minor is eligible by reason of age for a driver
 2196  license or driving privilege, the court may shall direct the
 2197  Department of Highway Safety and Motor Vehicles to revoke or to
 2198  withhold issuance of the minor’s driver license or driving
 2199  privilege for up to 2 years.
 2200         2. If the minor’s driver license or driving privilege is
 2201  under suspension or revocation for any reason, the court may
 2202  shall direct the Department of Highway Safety and Motor Vehicles
 2203  to extend the period of suspension or revocation by an
 2204  additional period of up to 2 years.
 2205         3. If the minor is ineligible by reason of age for a driver
 2206  license or driving privilege, the court may shall direct the
 2207  Department of Highway Safety and Motor Vehicles to withhold
 2208  issuance of the minor’s driver license or driving privilege for
 2209  up to 2 years after the date on which the minor would otherwise
 2210  have become eligible.
 2211  
 2212  For the purposes of this subsection, community service shall be
 2213  performed, if possible, in a manner involving a hospital
 2214  emergency room or other medical environment that deals on a
 2215  regular basis with trauma patients and gunshot wounds.
 2216         (10) If a minor is found to have committed an offense under
 2217  subsection (9), the court shall impose the following penalties
 2218  in addition to any penalty imposed under paragraph (9)(a) or
 2219  paragraph (9)(b):
 2220         (a) For a first offense:
 2221         1. If the minor is eligible by reason of age for a driver
 2222  license or driving privilege, the court may shall direct the
 2223  Department of Highway Safety and Motor Vehicles to revoke or to
 2224  withhold issuance of the minor’s driver license or driving
 2225  privilege for up to 1 year.
 2226         2. If the minor’s driver license or driving privilege is
 2227  under suspension or revocation for any reason, the court may
 2228  shall direct the Department of Highway Safety and Motor Vehicles
 2229  to extend the period of suspension or revocation by an
 2230  additional period for up to 1 year.
 2231         3. If the minor is ineligible by reason of age for a driver
 2232  license or driving privilege, the court may shall direct the
 2233  Department of Highway Safety and Motor Vehicles to withhold
 2234  issuance of the minor’s driver license or driving privilege for
 2235  up to 1 year after the date on which the minor would otherwise
 2236  have become eligible.
 2237         (b) For a second or subsequent offense:
 2238         1. If the minor is eligible by reason of age for a driver
 2239  license or driving privilege, the court may shall direct the
 2240  Department of Highway Safety and Motor Vehicles to revoke or to
 2241  withhold issuance of the minor’s driver license or driving
 2242  privilege for up to 2 years.
 2243         2. If the minor’s driver license or driving privilege is
 2244  under suspension or revocation for any reason, the court may
 2245  shall direct the Department of Highway Safety and Motor Vehicles
 2246  to extend the period of suspension or revocation by an
 2247  additional period for up to 2 years.
 2248         3. If the minor is ineligible by reason of age for a driver
 2249  license or driving privilege, the court may shall direct the
 2250  Department of Highway Safety and Motor Vehicles to withhold
 2251  issuance of the minor’s driver license or driving privilege for
 2252  up to 2 years after the date on which the minor would otherwise
 2253  have become eligible.
 2254         Section 36. Section 800.09, Florida Statutes, is amended to
 2255  read:
 2256         800.09 Lewd or lascivious exhibition in the presence of an
 2257  employee.—
 2258         (1) As used in this section, the term:
 2259         (a) “Employee” means:
 2260         1. Any person employed by or performing contractual
 2261  services for a public or private entity operating a state
 2262  correctional institution or private correctional facility; or
 2263         2. Any person employed by or performing contractual
 2264  services for the corporation operating the prison industry
 2265  enhancement programs or the correctional work programs under
 2266  part II of chapter 946;. The term also includes
 2267         3. Any person who is a parole examiner with the Florida
 2268  Commission on Offender Review; or
 2269         4.Any person employed at or performing contractual
 2270  services for a county detention facility.
 2271         (b) “Facility” means a state correctional institution as
 2272  defined in s. 944.02, or a private correctional facility as
 2273  defined in s. 944.710, or a county detention facility as defined
 2274  in s. 951.23.
 2275         (2)(a) A person who is detained in a facility may not:
 2276         1. Intentionally masturbate;
 2277         2. Intentionally expose the genitals in a lewd or
 2278  lascivious manner; or
 2279         3. Intentionally commit any other sexual act that does not
 2280  involve actual physical or sexual contact with the victim,
 2281  including, but not limited to, sadomasochistic abuse, sexual
 2282  bestiality, or the simulation of any act involving sexual
 2283  activity,
 2284  
 2285  in the presence of a person he or she knows or reasonably should
 2286  know is an employee.
 2287         (b) A person who violates paragraph (a) commits lewd or
 2288  lascivious exhibition in the presence of an employee, a felony
 2289  of the third degree, punishable as provided in s. 775.082, s.
 2290  775.083, or s. 775.084.
 2291         Section 37. Subsection (7) of section 806.13, Florida
 2292  Statutes, is amended, and subsection (8) of that section is
 2293  republished, to read:
 2294         806.13 Criminal mischief; penalties; penalty for minor.—
 2295         (7) In addition to any other penalty provided by law, if a
 2296  minor is found to have committed a delinquent act under this
 2297  section for placing graffiti on any public property or private
 2298  property, and:
 2299         (a) The minor is eligible by reason of age for a driver
 2300  license or driving privilege, the court may shall direct the
 2301  Department of Highway Safety and Motor Vehicles to revoke or
 2302  withhold issuance of the minor’s driver license or driving
 2303  privilege for not more than 1 year.
 2304         (b) The minor’s driver license or driving privilege is
 2305  under suspension or revocation for any reason, the court may
 2306  shall direct the Department of Highway Safety and Motor Vehicles
 2307  to extend the period of suspension or revocation by an
 2308  additional period of not more than 1 year.
 2309         (c) The minor is ineligible by reason of age for a driver
 2310  license or driving privilege, the court may shall direct the
 2311  Department of Highway Safety and Motor Vehicles to withhold
 2312  issuance of the minor’s driver license or driving privilege for
 2313  not more than 1 year after the date on which he or she would
 2314  otherwise have become eligible.
 2315         (8) A minor whose driver license or driving privilege is
 2316  revoked, suspended, or withheld under subsection (7) may elect
 2317  to reduce the period of revocation, suspension, or withholding
 2318  by performing community service at the rate of 1 day for each
 2319  hour of community service performed. In addition, if the court
 2320  determines that due to a family hardship, the minor’s driver
 2321  license or driving privilege is necessary for employment or
 2322  medical purposes of the minor or a member of the minor’s family,
 2323  the court shall order the minor to perform community service and
 2324  reduce the period of revocation, suspension, or withholding at
 2325  the rate of 1 day for each hour of community service performed.
 2326  As used in this subsection, the term “community service” means
 2327  cleaning graffiti from public property.
 2328         Section 38. Paragraphs (c), (d), and (e) of subsection (2)
 2329  of section 812.014, Florida Statutes, are amended, and
 2330  subsection (7) is added to that section, to read:
 2331         812.014 Theft.—
 2332         (2)
 2333         (c) It is grand theft of the third degree and a felony of
 2334  the third degree, punishable as provided in s. 775.082, s.
 2335  775.083, or s. 775.084, if the property stolen is:
 2336         1. Valued at $750 $300 or more, but less than $5,000.
 2337         2. Valued at $5,000 or more, but less than $10,000.
 2338         3. Valued at $10,000 or more, but less than $20,000.
 2339         4. A will, codicil, or other testamentary instrument.
 2340         5. A firearm.
 2341         6. A motor vehicle, except as provided in paragraph (a).
 2342         7. Any commercially farmed animal, including any animal of
 2343  the equine, avian, bovine, or swine class or other grazing
 2344  animal; a bee colony of a registered beekeeper; and aquaculture
 2345  species raised at a certified aquaculture facility. If the
 2346  property stolen is a commercially farmed animal, including an
 2347  animal of the equine, avian, bovine, or swine class or other
 2348  grazing animal; a bee colony of a registered beekeeper; or an
 2349  aquaculture species raised at a certified aquaculture facility,
 2350  a $10,000 fine shall be imposed.
 2351         8. Any fire extinguisher.
 2352         9. Any amount of citrus fruit consisting of 2,000 or more
 2353  individual pieces of fruit.
 2354         10. Taken from a designated construction site identified by
 2355  the posting of a sign as provided for in s. 810.09(2)(d).
 2356         11. Any stop sign.
 2357         12. Anhydrous ammonia.
 2358         13. Any amount of a controlled substance as defined in s.
 2359  893.02. Notwithstanding any other law, separate judgments and
 2360  sentences for theft of a controlled substance under this
 2361  subparagraph and for any applicable possession of controlled
 2362  substance offense under s. 893.13 or trafficking in controlled
 2363  substance offense under s. 893.135 may be imposed when all such
 2364  offenses involve the same amount or amounts of a controlled
 2365  substance.
 2366  
 2367  However, if the property is stolen within a county that is
 2368  subject to a state of emergency declared by the Governor under
 2369  chapter 252, the property is stolen after the declaration of
 2370  emergency is made, and the perpetration of the theft is
 2371  facilitated by conditions arising from the emergency, the
 2372  offender commits a felony of the second degree, punishable as
 2373  provided in s. 775.082, s. 775.083, or s. 775.084, if the
 2374  property is valued at $5,000 or more, but less than $10,000, as
 2375  provided under subparagraph 2., or if the property is valued at
 2376  $10,000 or more, but less than $20,000, as provided under
 2377  subparagraph 3. As used in this paragraph, the term “conditions
 2378  arising from the emergency” means civil unrest, power outages,
 2379  curfews, voluntary or mandatory evacuations, or a reduction in
 2380  the presence of or the response time for first responders or
 2381  homeland security personnel. For purposes of sentencing under
 2382  chapter 921, a felony offense that is reclassified under this
 2383  paragraph is ranked one level above the ranking under s.
 2384  921.0022 or s. 921.0023 of the offense committed.
 2385         (d) It is grand theft of the third degree and a felony of
 2386  the third degree, punishable as provided in s. 775.082, s.
 2387  775.083, or s. 775.084, if the property stolen is valued at $100
 2388  or more, but less than $750 $300, and is taken from a dwelling
 2389  as defined in s. 810.011(2) or from the unenclosed curtilage of
 2390  a dwelling pursuant to s. 810.09(1).
 2391         (e) Except as provided in paragraph (d), if the property
 2392  stolen is valued at $100 or more, but less than $750 $300, the
 2393  offender commits petit theft of the first degree, punishable as
 2394  a misdemeanor of the first degree, as provided in s. 775.082 or
 2395  s. 775.083.
 2396         (7)The Office of Program Policy Analysis and Government
 2397  Accountability (OPPAGA) shall perform a study every 5 years to
 2398  determine the appropriateness of the threshold amounts included
 2399  in this section. The study’s scope must include, but need not be
 2400  limited to, the crime trends related to theft offenses, the
 2401  theft threshold amounts of other states in effect at the time of
 2402  the study, the fiscal impact of any modifications to this
 2403  state’s threshold amounts, and the effect on economic factors,
 2404  such as inflation. The study must include options for amending
 2405  the threshold amounts if the study finds that such amounts are
 2406  inconsistent with current trends. In conducting the study,
 2407  OPPAGA shall consult with the Office of Economic and Demographic
 2408  Research in addition to other interested entities. OPPAGA shall
 2409  submit a report to the Governor, the President of the Senate,
 2410  and the Speaker of the House of Representatives by September 1
 2411  of each 5th year.
 2412         Section 39. Subsections (8) and (9) of section 812.015,
 2413  Florida Statutes, are amended, and subsections (10) and (11) are
 2414  added to that section, to read:
 2415         812.015 Retail and farm theft; transit fare evasion;
 2416  mandatory fine; alternative punishment; detention and arrest;
 2417  exemption from liability for false arrest; resisting arrest;
 2418  penalties.—
 2419         (8) Except as provided in subsection (9), a person who
 2420  commits retail theft commits a felony of the third degree,
 2421  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
 2422  if the property stolen is valued at $750 $300 or more, and the
 2423  person:
 2424         (a) Individually commits retail theft, or in concert with
 2425  one or more other persons, coordinates the activities of one or
 2426  more individuals in committing the offense, which may occur
 2427  through multiple acts of retail theft, in which case the amount
 2428  of each individual theft is aggregated within a 30-day period to
 2429  determine the value of the property stolen;
 2430         (b)Conspires with another person to commit retail theft
 2431  with the intent to sell the stolen property for monetary or
 2432  other gain, and subsequently takes or causes such property to be
 2433  placed in the control of another person in exchange for
 2434  consideration, in which the stolen property taken or placed
 2435  within a 30-day period is aggregated to determine the value of
 2436  the stolen property;
 2437         (c)(b)Individually, or in concert with one or more other
 2438  persons, commits theft from more than one location within a 30
 2439  day 48-hour period, in which case the amount of each individual
 2440  theft is aggregated to determine the value of the property
 2441  stolen;
 2442         (d)(c) Acts in concert with one or more other individuals
 2443  within one or more establishments to distract the merchant,
 2444  merchant’s employee, or law enforcement officer in order to
 2445  carry out the offense, or acts in other ways to coordinate
 2446  efforts to carry out the offense; or
 2447         (e)(d) Commits the offense through the purchase of
 2448  merchandise in a package or box that contains merchandise other
 2449  than, or in addition to, the merchandise purported to be
 2450  contained in the package or box.
 2451         (9) A person commits a felony of the second degree,
 2452  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
 2453  if the person:
 2454         (a) Violates subsection (8) and has previously been
 2455  convicted of a violation of subsection (8); or
 2456         (b) Individually, or in concert with one or more other
 2457  persons, coordinates the activities of one or more persons in
 2458  committing the offense of retail theft, in which the amount of
 2459  each individual theft within a 30-day period is aggregated to
 2460  determine the value of the stolen property and such where the
 2461  stolen property has a value is in excess of $3,000; or
 2462         (c)Conspires with another person to commit retail theft
 2463  with the intent to sell the stolen property for monetary or
 2464  other gain, and subsequently takes or causes such property to be
 2465  placed in control of another person in exchange for
 2466  consideration, in which the stolen property taken or placed
 2467  within a 30-day period is aggregated to have a value in excess
 2468  of $3,000.
 2469         (10)If a person commits retail theft in more than one
 2470  judicial circuit within a 30-day period, the value of the stolen
 2471  property resulting from the thefts in each judicial circuit may
 2472  be aggregated, and the person must be prosecuted by the Office
 2473  of the Statewide Prosecutor in accordance with s. 16.56.
 2474         (11)The Office of Program Policy Analysis and Government
 2475  Accountability (OPPAGA) shall perform a study every 5 years to
 2476  determine the appropriateness of the threshold amounts included
 2477  in this section. The study’s scope must include, but need not be
 2478  limited to, the crime trends related to theft offenses, the
 2479  theft threshold amounts of other states in effect at the time of
 2480  the study, the fiscal impact of any modifications to this
 2481  state’s threshold amounts, and the effect on economic factors,
 2482  such as inflation. The study must include options for amending
 2483  the threshold amounts if the study finds that such amounts are
 2484  inconsistent with current trends. In conducting the study,
 2485  OPPAGA shall consult with the Office of Economic and Demographic
 2486  Research in addition to other interested entities. OPPAGA shall
 2487  submit a report to the Governor, the President of the Senate,
 2488  and the Speaker of the House of Representatives by September 1
 2489  of each 5th year.
 2490         Section 40. Section 812.0155, Florida Statutes, is amended
 2491  to read:
 2492         812.0155 Driver license suspension as an alternative
 2493  sentence for a person under 18 years of age Suspension of driver
 2494  license following an adjudication of guilt for theft.—
 2495         (1)Except as provided in subsections (2) and (3), the
 2496  court may order the suspension of the driver license of each
 2497  person adjudicated guilty of any misdemeanor violation of s.
 2498  812.014 or s. 812.015, regardless of the value of the property
 2499  stolen. Upon ordering the suspension of the driver license of
 2500  the person adjudicated guilty, the court shall forward the
 2501  driver license of the person adjudicated guilty to the
 2502  Department of Highway Safety and Motor Vehicles in accordance
 2503  with s. 322.25.
 2504         (a)The first suspension of a driver license under this
 2505  subsection shall be for a period of up to 6 months.
 2506         (b)A second or subsequent suspension of a driver license
 2507  under this subsection shall be for 1 year.
 2508         (1)(2) The court may revoke, suspend, or withhold issuance
 2509  of a driver license of a person less than 18 years of age who
 2510  violates s. 812.014 or s. 812.015 as an alternative to
 2511  sentencing the person to:
 2512         (a) Probation as defined in s. 985.03 or commitment to the
 2513  Department of Juvenile Justice, if the person is adjudicated
 2514  delinquent for such violation and has not previously been
 2515  convicted of or adjudicated delinquent for any criminal offense,
 2516  regardless of whether adjudication was withheld.
 2517         (b) Probation as defined in s. 985.03, commitment to the
 2518  Department of Juvenile Justice, probation as defined in chapter
 2519  948, community control, or incarceration, if the person is
 2520  convicted as an adult of such violation and has not previously
 2521  been convicted of or adjudicated delinquent for any criminal
 2522  offense, regardless of whether adjudication was withheld.
 2523         (2)(3) As used in this subsection, the term “department”
 2524  means the Department of Highway Safety and Motor Vehicles. A
 2525  court that revokes, suspends, or withholds issuance of a driver
 2526  license under subsection (1) (2) shall:
 2527         (a) If the person is eligible by reason of age for a driver
 2528  license or driving privilege, direct the department to revoke or
 2529  withhold issuance of the person’s driver license or driving
 2530  privilege for not less than 6 months and not more than 1 year;
 2531         (b) If the person’s driver license is under suspension or
 2532  revocation for any reason, direct the department to extend the
 2533  period of suspension or revocation by not less than 6 months and
 2534  not more than 1 year; or
 2535         (c) If the person is ineligible by reason of age for a
 2536  driver license or driving privilege, direct the department to
 2537  withhold issuance of the person’s driver license or driving
 2538  privilege for not less than 6 months and not more than 1 year
 2539  after the date on which the person would otherwise become
 2540  eligible.
 2541         (3)(4)This section does Subsections (2) and (3) do not
 2542  preclude the court from imposing any other sanction specified or
 2543  not specified in subsection (2) or subsection (3).
 2544         (5)A court that suspends the driver license of a person
 2545  pursuant to subsection (1) may direct the Department of Highway
 2546  Safety and Motor Vehicles to issue the person a license for
 2547  driving privilege restricted to business purposes only, as
 2548  defined in s. 322.271, if he or she is otherwise qualified.
 2549         Section 41. Subsection (1) of section 815.03, Florida
 2550  Statutes, is amended to read:
 2551         815.03 Definitions.—As used in this chapter, unless the
 2552  context clearly indicates otherwise:
 2553         (1) “Access” means to approach, instruct, communicate with,
 2554  store data in, retrieve data from, or otherwise make use of any
 2555  resources of a computer, a computer system, a or computer
 2556  network, or an electronic device.
 2557         Section 42. Subsection (2) of section 815.06, Florida
 2558  Statutes, is amended, and subsection (3) of that section is
 2559  republished, to read:
 2560         815.06 Offenses against users of computers, computer
 2561  systems, computer networks, and electronic devices.—
 2562         (2) A person commits an offense against users of computers,
 2563  computer systems, computer networks, or electronic devices if he
 2564  or she willfully, knowingly, and without authorization or
 2565  exceeding authorization:
 2566         (a) Accesses or causes to be accessed any computer,
 2567  computer system, computer network, or electronic device with
 2568  knowledge that such access is unauthorized or the manner of use
 2569  exceeds authorization;
 2570         (b) Disrupts or denies or causes the denial of the ability
 2571  to transmit data to or from an authorized user of a computer,
 2572  computer system, computer network, or electronic device, which,
 2573  in whole or in part, is owned by, under contract to, or operated
 2574  for, on behalf of, or in conjunction with another;
 2575         (c) Destroys, takes, injures, or damages equipment or
 2576  supplies used or intended to be used in a computer, computer
 2577  system, computer network, or electronic device;
 2578         (d) Destroys, injures, or damages any computer, computer
 2579  system, computer network, or electronic device;
 2580         (e) Introduces any computer contaminant into any computer,
 2581  computer system, computer network, or electronic device; or
 2582         (f) Engages in audio or video surveillance of an individual
 2583  by accessing any inherent feature or component of a computer,
 2584  computer system, computer network, or electronic device,
 2585  including accessing the data or information of a computer,
 2586  computer system, computer network, or electronic device that is
 2587  stored by a third party.
 2588         (3)(a) Except as provided in paragraphs (b) and (c), a
 2589  person who violates subsection (2) commits a felony of the third
 2590  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2591  775.084.
 2592         (b) A person commits a felony of the second degree,
 2593  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
 2594  if he or she violates subsection (2) and:
 2595         1. Damages a computer, computer equipment or supplies, a
 2596  computer system, or a computer network and the damage or loss is
 2597  at least $5,000;
 2598         2. Commits the offense for the purpose of devising or
 2599  executing any scheme or artifice to defraud or obtain property;
 2600         3. Interrupts or impairs a governmental operation or public
 2601  communication, transportation, or supply of water, gas, or other
 2602  public service; or
 2603         4. Intentionally interrupts the transmittal of data to or
 2604  from, or gains unauthorized access to, a computer, computer
 2605  system, computer network, or electronic device belonging to any
 2606  mode of public or private transit, as defined in s. 341.031.
 2607         (c) A person who violates subsection (2) commits a felony
 2608  of the first degree, punishable as provided in s. 775.082, s.
 2609  775.083, or s. 775.084, if the violation:
 2610         1. Endangers human life; or
 2611         2. Disrupts a computer, computer system, computer network,
 2612  or electronic device that affects medical equipment used in the
 2613  direct administration of medical care or treatment to a person.
 2614         Section 43. Section 817.413, Florida Statutes, is amended
 2615  to read:
 2616         817.413 Sale of used motor vehicle goods as new; penalty.—
 2617         (1) With respect to a transaction for which any charges
 2618  will be paid from the proceeds of a motor vehicle insurance
 2619  policy, and in which the purchase price of motor vehicle goods
 2620  exceeds $100, it is unlawful for the seller to knowingly
 2621  misrepresent orally, in writing, or by failure to speak, that
 2622  the goods are new or original when they are used or repossessed
 2623  or have been used for sales demonstration.
 2624         (2) A person who violates the provisions of this section,
 2625  if the purchase price of the motor vehicle goods is $1,000 or
 2626  more, commits a felony of the third degree, punishable as
 2627  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 2628  purchase price of the motor vehicle goods is less than $1,000,
 2629  the person commits a misdemeanor of the first degree, punishable
 2630  as provided in s. 775.082 or s. 775.083.
 2631         Section 44. Paragraph (a) of subsection (2) of section
 2632  831.28, Florida Statutes, is amended to read:
 2633         831.28 Counterfeiting a payment instrument; possessing a
 2634  counterfeit payment instrument; penalties.—
 2635         (2)(a) It is unlawful to counterfeit a payment instrument
 2636  with the intent to defraud a financial institution, account
 2637  holder, or any other person or organization or for a person to
 2638  have any counterfeit payment instrument in such person’s
 2639  possession with the intent to defraud a financial institution,
 2640  an account holder, or any other person or organization. Any
 2641  person who violates this subsection commits a felony of the
 2642  third degree, punishable as provided in s. 775.082, s. 775.083,
 2643  or s. 775.084.
 2644         Section 45. Present subsections (5) through (10) of section
 2645  847.011, Florida Statutes, are redesignated as subsections (6)
 2646  through (11), respectively, and a new subsection (5) is added to
 2647  that section, to read:
 2648         847.011 Prohibition of certain acts in connection with
 2649  obscene, lewd, etc., materials; penalty.—
 2650         (5)(a)A person may not knowingly sell, lend, give away,
 2651  distribute, transmit, show, or transmute; offer to sell, lend,
 2652  give away, distribute, transmit, show, or transmute; have in his
 2653  or her possession, custody, or control with the intent to sell,
 2654  lend, give away, distribute, transmit, show, or transmute; or
 2655  advertise in any manner an obscene, child-like sex doll. A
 2656  person who violates this paragraph commits a misdemeanor of the
 2657  first degree, punishable as provided in s. 775.082 or s.
 2658  775.083.
 2659         (b)A person who is convicted of violating paragraph (a) a
 2660  second or subsequent time commits a felony of the third degree,
 2661  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2662         (c)A person who knowingly has in his or her possession,
 2663  custody, or control an obscene, child-like sex doll without
 2664  intent to sell, lend, give away, distribute, transmit, show,
 2665  transmute, or advertise the same commits a misdemeanor of the
 2666  second degree, punishable as provided in s. 775.082 or s.
 2667  775.083. A person who is convicted of violating this paragraph a
 2668  second or subsequent time commits a misdemeanor of the first
 2669  degree, punishable as provided in s. 775.082 or s. 775.083. In
 2670  any prosecution for such possession, it is not necessary to
 2671  allege or prove the absence of such intent.
 2672         Section 46. Section 849.01, Florida Statutes, is amended to
 2673  read:
 2674         849.01 Keeping gambling houses, etc.—Whoever by herself or
 2675  himself, her or his servant, clerk or agent, or in any other
 2676  manner has, keeps, exercises or maintains a gaming table or
 2677  room, or gaming implements or apparatus, or house, booth, tent,
 2678  shelter or other place for the purpose of gaming or gambling or
 2679  in any place of which she or he may directly or indirectly have
 2680  charge, control or management, either exclusively or with
 2681  others, procures, suffers or permits any person to play for
 2682  money or other valuable thing at any game whatever, whether
 2683  heretofore prohibited or not, commits shall be guilty of a
 2684  misdemeanor felony of the second third degree, punishable as
 2685  provided in s. 775.082 or, s. 775.083, or s. 775.084.
 2686         Section 47. Subsections (6) and (7) and paragraphs (c) and
 2687  (d) of subsection (8) of section 877.112, Florida Statutes, are
 2688  amended to read:
 2689         877.112 Nicotine products and nicotine dispensing devices;
 2690  prohibitions for minors; penalties; civil fines; signage
 2691  requirements; preemption.—
 2692         (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR
 2693  NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any
 2694  person under 18 years of age to knowingly possess any nicotine
 2695  product or a nicotine dispensing device. Any person under 18
 2696  years of age who violates this subsection commits a noncriminal
 2697  violation as defined in s. 775.08(3), punishable by:
 2698         (a) For a first violation, 16 hours of community service
 2699  or, instead of community service, a $25 fine. In addition, the
 2700  person must attend a school-approved anti-tobacco and nicotine
 2701  program, if locally available; or
 2702         (b) For a second or subsequent violation within 12 weeks
 2703  after of the first violation, a $25 fine.; or
 2704         (c)For a third or subsequent violation within 12 weeks of
 2705  the first violation, the court must direct the Department of
 2706  Highway Safety and Motor Vehicles to withhold issuance of or
 2707  suspend or revoke the person’s driver license or driving
 2708  privilege, as provided in s. 322.056.
 2709  
 2710  Any second or subsequent violation not within the 12-week time
 2711  period after the first violation is punishable as provided for a
 2712  first violation.
 2713         (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for
 2714  any person under 18 years of age to misrepresent his or her age
 2715  or military service for the purpose of inducing a retailer of
 2716  nicotine products or nicotine dispensing devices or an agent or
 2717  employee of such retailer to sell, give, barter, furnish, or
 2718  deliver any nicotine product or nicotine dispensing device, or
 2719  to purchase, or attempt to purchase, any nicotine product or
 2720  nicotine dispensing device from a person or a vending machine.
 2721  Any person under 18 years of age who violates this subsection
 2722  commits a noncriminal violation as defined in s. 775.08(3),
 2723  punishable by:
 2724         (a) For a first violation, 16 hours of community service
 2725  or, instead of community service, a $25 fine and, in addition,
 2726  the person must attend a school-approved anti-tobacco and
 2727  nicotine program, if available; or
 2728         (b) For a second violation within 12 weeks after of the
 2729  first violation, a $25 fine.; or
 2730         (c)For a third or subsequent violation within 12 weeks of
 2731  the first violation, the court must direct the Department of
 2732  Highway Safety and Motor Vehicles to withhold issuance of or
 2733  suspend or revoke the person’s driver license or driving
 2734  privilege, as provided in s. 322.056.
 2735  
 2736  Any second or subsequent violation not within the 12-week time
 2737  period after the first violation is punishable as provided for a
 2738  first violation.
 2739         (8) PENALTIES FOR MINORS.—
 2740         (c) If a person under 18 years of age is found by the court
 2741  to have committed a noncriminal violation under this section and
 2742  that person has failed to complete community service, pay the
 2743  fine as required by paragraph (6)(a) or paragraph (7)(a), or
 2744  attend a school-approved anti-tobacco and nicotine program, if
 2745  locally available, the court may must direct the Department of
 2746  Highway Safety and Motor Vehicles to withhold issuance of or
 2747  suspend the driver license or driving privilege of that person
 2748  for 30 consecutive days.
 2749         (d) If a person under 18 years of age is found by the court
 2750  to have committed a noncriminal violation under this section and
 2751  that person has failed to pay the applicable fine as required by
 2752  paragraph (6)(b) or paragraph (7)(b), the court may must direct
 2753  the Department of Highway Safety and Motor Vehicles to withhold
 2754  issuance of or suspend the driver license or driving privilege
 2755  of that person for 45 consecutive days.
 2756         Section 48. Present subsections (6) and (7) of section
 2757  893.135, Florida Statutes, are redesignated as subsections (7)
 2758  and (8), respectively, paragraph (o) is added to subsection (1)
 2759  of that section, and a new subsection (6) and subsection (9) are
 2760  added to that section, to read:
 2761         893.135 Trafficking; mandatory sentences; suspension or
 2762  reduction of sentences; conspiracy to engage in trafficking.—
 2763         (1) Except as authorized in this chapter or in chapter 499
 2764  and notwithstanding the provisions of s. 893.13:
 2765         (o)1.As used in this paragraph, the term “dosage unit”
 2766  means an individual tablet, capsule, pill, transdermal patch,
 2767  unit of sublingual gelatin, or other visually distinctive form,
 2768  with a clear manufacturer marking on each unit, of a commercial
 2769  drug product approved by the United States Food and Drug
 2770  Administration and manufactured and distributed by a
 2771  pharmaceutical company lawfully doing business in the United
 2772  States.
 2773         2.Notwithstanding any other provision of this section, the
 2774  sale, purchase, manufacture, delivery, or actual or constructive
 2775  possession of fewer than 120 dosage units containing any
 2776  controlled substance described in this section is not a
 2777  violation of any other provision of this section.
 2778         3.A person who knowingly sells, purchases, delivers, or
 2779  brings into this state, or who is knowingly in actual or
 2780  constructive possession of, 120 or more dosage units containing
 2781  a controlled substance described in this section commits a
 2782  felony of the first degree, which felony shall be known as
 2783  “trafficking in pharmaceuticals,” punishable as provided in s.
 2784  775.082, s. 775.083, or s. 775.084, and must be prosecuted under
 2785  this paragraph. If the quantity involved:
 2786         a.Is 120 or more dosage units, but fewer than 500 dosage
 2787  units, such person shall be sentenced to a mandatory minimum
 2788  term of imprisonment of 3 years and shall be ordered to pay a
 2789  fine of up to $25,000.
 2790         b.Is 500 or more dosage units, but fewer than 1,000 dosage
 2791  units, such person shall be sentenced to a mandatory minimum
 2792  term of imprisonment of 7 years and shall be ordered to pay a
 2793  fine of up to $50,000.
 2794         c.Is 1,000 or more dosage units, but fewer than 5,000
 2795  dosage units, such person shall be sentenced to a mandatory
 2796  minimum term of imprisonment of 15 years and shall be ordered to
 2797  pay a fine of up to $100,000.
 2798         d.Is 5,000 or more dosage units, such person shall be
 2799  sentenced to a mandatory minimum term of imprisonment of 25
 2800  years and shall be ordered to pay a fine of up to $250,000.
 2801         (6)Notwithstanding any other provision of law, for an
 2802  offense under this section the court shall impose a sentence
 2803  pursuant to the Criminal Punishment Code under chapter 921 and
 2804  without regard to any statutory minimum sentence, if the court
 2805  finds at sentencing, after the state attorney has been afforded
 2806  the opportunity to make a recommendation, all of the following:
 2807         (a)The defendant has not previously been convicted of a
 2808  dangerous crime as defined in s. 907.041(4)(a), or a violation
 2809  specified as a predicate offense for registration as a sexual
 2810  predator under s. 775.21 or for registration as a sexual
 2811  offender under s. 943.0435.
 2812         (b)The defendant did not use violence or credible threats
 2813  of violence or possess a firearm or other dangerous weapon, or
 2814  induce another participant to do so, in connection with the
 2815  offense.
 2816         (c)The offense did not result in death or serious bodily
 2817  injury to any person.
 2818         (d)The defendant was not engaged in a continuing criminal
 2819  enterprise, as described in s. 893.20.
 2820         (e)By the time of the sentencing hearing, the defendant
 2821  has truthfully provided to the state all information and
 2822  evidence the defendant has concerning the offense or offenses
 2823  that were part of the same course of conduct or of a common
 2824  scheme or plan. The fact that the defendant has no other
 2825  relevant or useful information to provide or that the state is
 2826  already aware of the information does not preclude a
 2827  determination by the court that the defendant has complied with
 2828  this requirement.
 2829         (9)(a)It is the intent of the Legislature to retroactively
 2830  apply chapter 2014-176, Laws of Florida, only as provided in
 2831  this subsection, to violations of former s. 893.135(1)(c)1.
 2832  involving hydrocodone or oxycodone or any mixture containing
 2833  hydrocodone or oxycodone. A reference in this subsection to
 2834  “former s. 893.135(1)(c)1.” is a reference to s. 893.135(1)(c)1.
 2835  as it existed at any time before the amendment of this section
 2836  by chapter 2014-176, Laws of Florida.
 2837         (b)A person who committed a violation of former s.
 2838  893.135(1)(c)1. before July 1, 2014, but who was not sentenced
 2839  for such violation before October 1, 2019, shall be sentenced as
 2840  provided in this subsection. A person who was sentenced before
 2841  October 1, 2019, for a violation of former s. 893.135(1)(c)1.
 2842  committed before July 1, 2014, may petition the court for
 2843  resentencing pursuant to this subsection.
 2844         (c)A violation of former s. 893.135(1)(c)1. is a felony of
 2845  the first degree, punishable as provided in s. 775.082, s.
 2846  775.083, or s. 775.084.
 2847         (d)If the controlled substance involved in the violation
 2848  of former s. 893.135(1)(c)1. was hydrocodone or any mixture
 2849  containing hydrocodone, and the quantity involved:
 2850         1.Was 4 grams or more, but less than 14 grams, such person
 2851  shall be sentenced or resentenced as provided in s. 775.082, s.
 2852  775.083, or s. 775.084.
 2853         2.Was 14 grams or more, but less than 28 grams, such
 2854  person shall be sentenced or resentenced to a mandatory minimum
 2855  term of imprisonment of 3 years and shall be ordered to pay a
 2856  fine of $50,000.
 2857         3.Was 28 grams or more, but less than 50 grams, such
 2858  person shall be sentenced or resentenced to a mandatory minimum
 2859  term of imprisonment of 7 years and shall be ordered to pay a
 2860  fine of $100,000.
 2861         4.Was 50 grams or more, but less than 200 grams, such
 2862  person shall be sentenced or resentenced to a mandatory minimum
 2863  term of imprisonment of 15 years and shall be ordered to pay a
 2864  fine of $500,000.
 2865         5.Was 200 grams or more, but less than 30 kilograms, such
 2866  person shall be sentenced or resentenced to a mandatory minimum
 2867  term of imprisonment of 25 years and shall be ordered to pay a
 2868  fine of $500,000.
 2869         (e)If the controlled substance involved in the violation
 2870  of former s. 893.135(1)(c)1. was oxycodone or any mixture
 2871  containing oxycodone, and the quantity involved:
 2872         1.Was 4 grams or more, but less than 7 grams, such person
 2873  shall be sentenced or resentenced as provided in s. 775.082, s.
 2874  775.083, or s. 775.084.
 2875         2.Was 7 grams or more, but less than 14 grams, such person
 2876  shall be sentenced or resentenced to a mandatory minimum term of
 2877  imprisonment of 3 years and shall be ordered to pay a fine of
 2878  $50,000.
 2879         3.Was 14 grams or more, but less than 25 grams, such
 2880  person shall be sentenced or resentenced to a mandatory minimum
 2881  term of imprisonment of 7 years and shall be ordered to pay a
 2882  fine of $100,000.
 2883         4.Was 25 grams or more, but less than 100 grams, such
 2884  person shall be sentenced or resentenced to a mandatory minimum
 2885  term of imprisonment of 15 years and shall be ordered to pay a
 2886  fine of $500,000.
 2887         5.Was 100 grams or more, but less than 30 kilograms, such
 2888  person shall be sentenced or resentenced to a mandatory minimum
 2889  term of imprisonment of 25 years and shall be ordered to pay a
 2890  fine of $500,000.
 2891         Section 49. Effective upon this act becoming a law, section
 2892  900.05, Florida Statutes, is amended to read:
 2893         900.05 Criminal justice data collection.—
 2894         (1) LEGISLATIVE FINDINGS AND INTENT.—It is the intent of
 2895  the Legislature to create a model of uniform criminal justice
 2896  data collection by requiring local and state criminal justice
 2897  agencies to report complete, accurate, and timely data, and
 2898  making such data available to the public. The Legislature finds
 2899  that it is an important state interest to implement a uniform
 2900  data collection process and promote criminal justice data
 2901  transparency.
 2902         (2) DEFINITIONS.—As used in this section, the term:
 2903         (a) “Annual felony caseload” means the yearly caseload of
 2904  each full-time state attorney and assistant state attorney, or
 2905  public defender and assistant public defender, or regional
 2906  conflict counsel and assistant regional conflict counsel for
 2907  cases assigned to the circuit criminal division, based on the
 2908  number of felony cases reported to the Supreme Court under s.
 2909  25.075. The term does not include the appellate caseload of a
 2910  public defender, or assistant public defender, regional conflict
 2911  counsel, or assistant regional conflict counsel. Cases reported
 2912  pursuant to this term must be associated with a case number, and
 2913  each case number must only be reported once regardless of the
 2914  number of attorney assignments that occur during the course of
 2915  litigation. The caseload shall be calculated on June 30 and
 2916  reported once at the beginning of the reporting agency’s fiscal
 2917  year.
 2918         (b)“Annual felony conflict caseload” means the total
 2919  number of felony cases the office of the public defender or
 2920  office of regional conflict counsel has declined or withdrawn
 2921  from in the previous calendar year due to lack of qualified
 2922  counsel or due to excessive caseload. The caseload shall be
 2923  calculated on June 30 and reported once at the beginning of the
 2924  reporting agency’s fiscal year.
 2925         (c)(b) “Annual misdemeanor caseload” means the yearly
 2926  caseload of each full-time state attorney and assistant state
 2927  attorney, or public defender and assistant public defender, or
 2928  regional conflict counsel and assistant regional conflict
 2929  counsel for cases assigned to the county criminal division,
 2930  based on the number of misdemeanor cases reported to the Supreme
 2931  Court under s. 25.075. The term does not include the appellate
 2932  caseload of a public defender, or assistant public defender,
 2933  regional conflict counsel, or assistant regional conflict
 2934  counsel. Cases reported pursuant to this term must be associated
 2935  with a case number, and each case number must only be reported
 2936  once regardless of the number of attorney assignments that occur
 2937  during the course of litigation. The caseload shall be
 2938  calculated on June 30 and reported once at the beginning of the
 2939  reporting agency’s fiscal year.
 2940         (d)“Annual misdemeanor conflict caseload” means the total
 2941  number of misdemeanor cases the office of the public defender or
 2942  office of regional conflict counsel has declined or withdrawn
 2943  from in the previous calendar year due to lack of qualified
 2944  counsel or due to excessive caseload. The caseload shall be
 2945  calculated on June 30 and reported once at the beginning of the
 2946  reporting agency’s fiscal year.
 2947         (e)(c) “Attorney assignment date” means the date a court
 2948  appointed attorney is assigned to the case or, if privately
 2949  retained, the date an attorney files a notice of appearance with
 2950  the clerk of court.
 2951         (f)(d) “Attorney withdrawal date” means the date the court
 2952  removes court-appointed counsel from a case or, for a privately
 2953  retained attorney, the date a motion to withdraw is granted by
 2954  the court.
 2955         (g)(e) “Case number” means the uniform case identification
 2956  number assigned by the clerk of court to a criminal case.
 2957         (h)(f) “Case status” means whether a case is open, active,
 2958  inactive, closed, reclosed, or reopened due to a violation of
 2959  probation or community control.
 2960         (i)(g) “Charge description” means the statement of the
 2961  conduct that is alleged to have been violated, the associated
 2962  statutory section establishing such conduct as criminal, and the
 2963  misdemeanor or felony classification that is provided for in the
 2964  statutory section alleged to have been violated.
 2965         (j)“Charge disposition” means the final adjudication for
 2966  each charged crime, including, but not limited to, dismissal by
 2967  state attorney, dismissal by judge, acquittal, no contest plea,
 2968  guilty plea, or guilty finding at trial.
 2969         (k)(h) “Charge modifier” means an aggravating circumstance
 2970  of an alleged crime that enhances or reclassifies a charge to a
 2971  more serious misdemeanor or felony offense level.
 2972         (l)(i) “Concurrent or consecutive sentence flag” means an
 2973  indication that a defendant is serving another sentence
 2974  concurrently or consecutively in addition to the sentence for
 2975  which data is being reported.
 2976         (m)(j) “Daily number of correctional officers” means the
 2977  number of full-time, part-time, and auxiliary correctional
 2978  officers who are actively providing supervision, protection,
 2979  care, custody, and control of inmates in a county detention
 2980  facility or state correctional institution or facility each day.
 2981         (n)(k) “Defense attorney type” means whether the attorney
 2982  is a public defender, regional conflict counsel, or other
 2983  counsel court-appointed for the defendant; the attorney is
 2984  privately retained by the defendant; or the defendant is
 2985  represented pro se.
 2986         (o)(l) “Deferred prosecution or pretrial diversion
 2987  agreement date” means the date an agreement a contract is signed
 2988  by the parties regarding a defendant’s admission into a deferred
 2989  prosecution or pretrial diversion program.
 2990         (p)(m) “Deferred prosecution or pretrial diversion hearing
 2991  date” means each date that a hearing, including a status
 2992  hearing, is held on a case that is in a deferred prosecution or
 2993  pretrial diversion program, if applicable.
 2994         (q)(n) “Disciplinary violation and action” means any
 2995  conduct performed by an inmate in violation of the rules of a
 2996  county detention facility or state correctional institution or
 2997  facility that results in the initiation of disciplinary
 2998  proceedings by the custodial entity and the consequences of such
 2999  disciplinary proceedings.
 3000         (r)(o) “Disposition date” means the date of final judgment,
 3001  adjudication, adjudication withheld, dismissal, or nolle
 3002  prosequi for the case and if different dates apply, the
 3003  disposition dates of each charge.
 3004         (s)“Disposition type” means the manner in which the charge
 3005  was closed, including final judgment, adjudication, adjudication
 3006  withheld, dismissal, or nolle prosequi.
 3007         (t)(p) “Domestic violence flag” means an indication that a
 3008  filed charge involves domestic violence as defined in s. 741.28.
 3009         (u)(q) “Gang affiliation flag” means an indication that a
 3010  defendant is involved in or associated with a criminal gang as
 3011  defined in s. 874.03 at the time of the current offense.
 3012         (v)(r) “Gain-time credit earned” means a credit of time
 3013  awarded to an inmate in a county detention facility in
 3014  accordance with s. 951.22 or a state correctional institution or
 3015  facility in accordance with s. 944.275.
 3016         (w)(s) “Habitual offender flag” means an indication that a
 3017  defendant is a habitual felony offender as defined in s. 775.084
 3018  or a habitual misdemeanor offender as defined in s. 775.0837.
 3019         (x)“Habitual violent felony offender flag” means an
 3020  indication that a defendant is a habitual violent felony
 3021  offender as defined in s. 775.084.
 3022         (t)“Judicial transfer date” means a date on which a
 3023  defendant’s case is transferred to another court or presiding
 3024  judge.
 3025         (y)(u) “Number of contract attorneys representing indigent
 3026  defendants for the office of the public defender” means the
 3027  number of attorneys hired on a temporary basis, by contract, to
 3028  represent indigent clients who were appointed a public defender.
 3029         (z)(v) “Pretrial release violation flag” means an
 3030  indication that the defendant has violated the terms of his or
 3031  her pretrial release.
 3032         (aa)(w) “Prior incarceration within the state” means any
 3033  prior history of a defendant’s incarceration defendant being
 3034  incarcerated in a county detention facility or state
 3035  correctional institution or facility.
 3036         (bb)“Prison releasee reoffender flag” means an indication
 3037  that the defendant is a prison releasee reoffender as defined in
 3038  s. 775.082 or any other statute.
 3039         (dd)(x) “Tentative release date” means the anticipated date
 3040  that an inmate will be released from incarceration after the
 3041  application of adjustments for any gain-time earned or credit
 3042  for time served.
 3043         (cc)(y) “Sexual offender flag” means an indication that a
 3044  defendant was is required to register as a sexual predator as
 3045  defined in s. 775.21 or as a sexual offender as defined in s.
 3046  943.0435.
 3047         (ee)“Three-time violent felony offender flag” means an
 3048  indication that the defendant is a three-time violent felony
 3049  offender as defined in s. 775.084 or any other statute.
 3050         (ff)“Violent career criminal flag” means an indication
 3051  that the defendant is a violent career criminal as defined in s.
 3052  775.084 or any other statute.
 3053         (3) DATA COLLECTION AND REPORTING.—Beginning January 1,
 3054  2019, An entity required to collect data in accordance with this
 3055  subsection shall collect the specified data and required of the
 3056  entity on a biweekly basis. Each entity shall report them the
 3057  data collected in accordance with this subsection to the
 3058  Department of Law Enforcement on a monthly basis.
 3059         (a) Clerk of the court.—Each clerk of court shall collect
 3060  the following data for each criminal case:
 3061         1. Case number.
 3062         2. Date that the alleged offense occurred.
 3063         3.County in which the offense is alleged to have occurred.
 3064         3.4. Date the defendant is taken into physical custody by a
 3065  law enforcement agency or is issued a notice to appear on a
 3066  criminal charge, if such date is different from the date the
 3067  offense is alleged to have occurred.
 3068         4.Whether the case originated by notice to appear.
 3069         5. Date that the criminal prosecution of a defendant is
 3070  formally initiated through the filing, with the clerk of the
 3071  court, of an information by the state attorney or an indictment
 3072  issued by a grand jury.
 3073         6. Arraignment date.
 3074         7. Attorney appointment assignment date.
 3075         8. Attorney withdrawal date.
 3076         9. Case status.
 3077         10.Charge disposition.
 3078         11.10. Disposition date and disposition type.
 3079         12.11. Information related to each defendant, including:
 3080         a. Identifying information, including name, known aliases,
 3081  date of birth, age, race, or ethnicity, and gender.
 3082         b. Zip code of last known address primary residence.
 3083         c. Primary language.
 3084         d. Citizenship.
 3085         e. Immigration status, if applicable.
 3086         f. Whether the defendant has been found by a court to be
 3087  indigent under pursuant to s. 27.52.
 3088         13.12. Information related to the formal charges filed
 3089  against the defendant, including:
 3090         a. Charge description.
 3091         b. Charge modifier description and statute, if applicable.
 3092         c. Drug type for each drug charge, if known.
 3093         d. Qualification for a flag designation as defined in this
 3094  section, including a domestic violence flag, gang affiliation
 3095  flag, sexual offender flag, habitual offender flag, habitual
 3096  violent felony offender flag, or pretrial release violation
 3097  flag, prison releasee reoffender flag, three-time violent felony
 3098  offender flag, or violent career criminal flag.
 3099         14.13. Information related to bail or bond and pretrial
 3100  release determinations, including the dates of any such
 3101  determinations:
 3102         a. Pretrial release determination made at a first
 3103  appearance hearing that occurs within 24 hours of arrest,
 3104  including any all monetary and nonmonetary conditions of
 3105  release.
 3106         b. Modification of bail or bond conditions made by a court
 3107  having jurisdiction to try the defendant or, in the absence of
 3108  the judge of the trial court, by the circuit court, including
 3109  modifications to any monetary and nonmonetary conditions of
 3110  release.
 3111         c. Cash bail or bond payment, including whether the
 3112  defendant utilized a bond agent to post a surety bond.
 3113         d. Date defendant is released on bail, bond, or pretrial
 3114  release for the current case.
 3115         e. Bail or bond revocation due to a new offense, a failure
 3116  to appear, or a violation of the terms of bail or bond, if
 3117  applicable.
 3118         15.14. Information related to court dates and dates of
 3119  motions and appearances, including:
 3120         a. Date of any court appearance and the type of proceeding
 3121  scheduled for each date reported.
 3122         b. Date of any failure to appear in court, if applicable.
 3123         c. Deferred prosecution or pretrial diversion hearing, if
 3124  applicable Judicial transfer date, if applicable.
 3125         d. Each scheduled trial date.
 3126         e. Date that a defendant files a notice to participate in
 3127  discovery.
 3128         f. Speedy trial motion date and each hearing date dates, if
 3129  applicable.
 3130         g. Dismissal motion date and each hearing date dates, if
 3131  applicable.
 3132         16.15. Defense attorney type.
 3133         17.16. Information related to sentencing, including:
 3134         a. Date that a court enters a sentence against a defendant.
 3135         b. Charge sentenced to, including charge sequence number,
 3136  and charge description, statute, type, and charge class
 3137  severity.
 3138         c. Sentence type and length imposed by the court in the
 3139  current case, reported in years, months, and days, including,
 3140  but not limited to, the total duration of incarceration
 3141  imprisonment in a county detention facility or state
 3142  correctional institution or facility, and conditions of
 3143  probation or community control supervision.
 3144         d. Amount of time served in custody by the defendant
 3145  related to each charge the reported criminal case that is
 3146  credited at the time of disposition of the charge case to reduce
 3147  the imposed actual length of time the defendant will serve on
 3148  the term of incarceration imprisonment that is ordered by the
 3149  court at disposition.
 3150         e. Total amount of court costs fees imposed by the court at
 3151  the disposition of the case.
 3152         f.Outstanding balance of the defendant’s court fees
 3153  imposed by the court at disposition of the case.
 3154         f.g. Total amount of fines imposed by the court at the
 3155  disposition of the case.
 3156         h.Outstanding balance of the defendant’s fines imposed by
 3157  the court at disposition of the case.
 3158         g.i. Restitution amount ordered at sentencing, including
 3159  the amount collected by the court and the amount paid to the
 3160  victim, if applicable.
 3161         j.Digitized sentencing scoresheet prepared in accordance
 3162  with s. 921.0024.
 3163         18.17. The sentencing judge or magistrate, or their
 3164  equivalent number of judges or magistrates, or their
 3165  equivalents, hearing cases in circuit or county criminal
 3166  divisions of the circuit court. Judges or magistrates, or their
 3167  equivalents, who solely hear appellate cases from the county
 3168  criminal division are not to be reported under this
 3169  subparagraph.
 3170         (b) State attorney.—Each state attorney shall collect the
 3171  following data:
 3172         1. Information related to a human victim of a criminal
 3173  offense, including:
 3174         a. Identifying information of the victim, including race,
 3175  or ethnicity, gender, and age at the time of the offense.
 3176         b. Relationship to the offender, if any.
 3177         2. Number of full-time prosecutors.
 3178         3. Number of part-time prosecutors.
 3179         4. Annual felony caseload.
 3180         5. Annual misdemeanor caseload.
 3181         6. Any charge referred to the state attorney by a law
 3182  enforcement agency or sworn complainant related to an episode of
 3183  criminal activity.
 3184         7.Disposition of each referred charge, such as filed,
 3185  declined, or diverted.
 3186         8.7. Number of cases in which a no-information was filed.
 3187         9.8. Information related to each defendant, including:
 3188         a. Each charge referred to the state attorney by a law
 3189  enforcement agency or sworn complainant related to an episode of
 3190  criminal activity.
 3191         b.Case number, name, and date of birth.
 3192         c.b. Drug type for each drug charge, if applicable.
 3193         d.Deferred prosecution or pretrial diversion agreement
 3194  date, if applicable.
 3195         (c) Public defender.—Each public defender shall collect the
 3196  following data for each criminal case:
 3197         1. Number of full-time public defenders.
 3198         2. Number of part-time public defenders.
 3199         3. Number of contract attorneys representing indigent
 3200  defendants for the office of the public defender.
 3201         4. Annual felony caseload.
 3202         5.Annual felony conflict caseload.
 3203         6.5. Annual misdemeanor caseload.
 3204         7.Annual misdemeanor conflict caseload.
 3205         (d) County detention facility.—The administrator of each
 3206  county detention facility shall collect the following data:
 3207         1. Maximum capacity for the county detention facility.
 3208         2. Weekly admissions to the county detention facility for a
 3209  revocation of probation or community control.
 3210         3.Weekly admissions to the county detention facility for a
 3211  revocation of pretrial release.
 3212         4.3. Daily population of the county detention facility,
 3213  including the specific number of inmates in the custody of the
 3214  county that:
 3215         a. Are awaiting case disposition.
 3216         b. Have been sentenced by a court to a term of
 3217  incarceration imprisonment in the county detention facility.
 3218         c. Have been sentenced by a court to a term of imprisonment
 3219  with the Department of Corrections and who are awaiting
 3220  transportation to the department.
 3221         d. Have a federal detainer, or are awaiting disposition of
 3222  a case in federal court, or are awaiting other federal
 3223  disposition.
 3224         5.4. Information related to each inmate, including:
 3225         a.Identifying information, including name, date of birth,
 3226  race, ethnicity, gender, case number, and identification number
 3227  assigned by the county detention facility.
 3228         b.a. Date when an inmate a defendant is processed and
 3229  booked into the county detention facility subsequent to an
 3230  arrest for a new violation of law, or for a violation of
 3231  probation or community control, or for a violation of pretrial
 3232  release.
 3233         c.b. Reason why an inmate a defendant is processed and
 3234  booked into the county detention facility, including if it is
 3235  for a new law violation, or a violation of probation or
 3236  community control, or a violation of pretrial release.
 3237         d.c. Qualification for a flag designation as defined in
 3238  this section, including domestic violence flag, gang affiliation
 3239  flag, habitual offender flag, habitual violent felony offender
 3240  flag, pretrial release violation flag, or sexual offender flag,
 3241  prison releasee reoffender flag, three-time violent felony
 3242  offender flag, or violent career criminal flag.
 3243         6.5. Total population of the county detention facility at
 3244  year-end. This data must include the same specified
 3245  classifications as subparagraph 3.
 3246         7.6. Per diem rate for a county detention facility bed.
 3247         8.7. Daily number of correctional officers for the county
 3248  detention facility.
 3249         9.8. Annual county detention facility budget. This
 3250  information only needs to be reported once annually at the
 3251  beginning of the county’s fiscal year.
 3252         10.9.Annual revenue generated for the county from the
 3253  temporary incarceration of federal defendants or inmates.
 3254         (e) Department of Corrections.—The Department of
 3255  Corrections shall collect the following data:
 3256         1. Information related to each inmate, including:
 3257         a. Identifying information, including name, date of birth,
 3258  race, or ethnicity, gender, case number, and identification
 3259  number assigned by the department.
 3260         b. Number of children.
 3261         c.Highest education level, including any vocational
 3262  training.
 3263         c.d. Date the inmate was admitted to the custody of the
 3264  department for his or her current incarceration.
 3265         d.e. Current institution placement and the security level
 3266  assigned to the institution.
 3267         e.f. Custody level assignment.
 3268         f.g. Qualification for a flag designation as defined in
 3269  this section, including sexual offender flag, habitual offender
 3270  flag, habitual violent felony offender flag, prison releasee
 3271  reoffender flag, three-time violent felony offender flag,
 3272  violent career criminal flag, gang affiliation flag, or
 3273  concurrent or consecutive sentence flag.
 3274         g.h. County that committed the prisoner to the custody of
 3275  the department.
 3276         h.i. Whether the reason for admission to the department is
 3277  for a new conviction or a violation of probation, community
 3278  control, or parole. For an admission for a probation, community
 3279  control, or parole violation, the department shall report
 3280  whether the violation was technical or based on a new violation
 3281  of law.
 3282         i.j. Specific statutory citation for which the inmate was
 3283  committed to the department, including, for an inmate convicted
 3284  of drug trafficking under s. 893.135, the statutory citation for
 3285  each specific drug trafficked.
 3286         j.Length of sentence served.
 3287         k. Length of sentence or concurrent or consecutive
 3288  sentences served.
 3289         l. Tentative release date.
 3290         m. Gain time earned in accordance with s. 944.275.
 3291         n. Prior incarceration within the state.
 3292         o. Disciplinary violation and action.
 3293         p. Participation in rehabilitative or educational programs
 3294  while in the custody of the department.
 3295         q.Digitized sentencing scoresheet prepared in accordance
 3296  with s. 921.0024.
 3297         2. Information about each state correctional institution or
 3298  facility, including:
 3299         a. Budget for each state correctional institution or
 3300  facility.
 3301         b. Daily prison population of all inmates incarcerated in a
 3302  state correctional institution or facility.
 3303         c. Daily number of correctional officers for each state
 3304  correctional institution or facility.
 3305         3. Information related to persons supervised by the
 3306  department on probation or community control, including:
 3307         a. Identifying information for each person supervised by
 3308  the department on probation or community control, including his
 3309  or her name, date of birth, race, or ethnicity, gender, case
 3310  number sex, and department-assigned case number.
 3311         b. Length of probation or community control sentence
 3312  imposed and amount of time that has been served on such
 3313  sentence.
 3314         c. Projected termination date for probation or community
 3315  control.
 3316         d. Revocation of probation or community control due to a
 3317  violation, including whether the revocation is due to a
 3318  technical violation of the conditions of supervision or from the
 3319  commission of a new law violation.
 3320         4. Per diem rates for:
 3321         a. Prison bed.
 3322         b. Probation.
 3323         c. Community control.
 3324  
 3325  This information only needs to be reported once annually at the
 3326  time the most recent per diem rate is published.
 3327         (f)Justice Administrative Commission.—The Justice
 3328  Administrative Commission shall collect the following data:
 3329         1.Number of private registry attorneys representing
 3330  indigent adult defendants.
 3331         2.Annual felony caseload assigned to private registry
 3332  contract attorneys.
 3333         3.Annual misdemeanor caseload assigned to private registry
 3334  contract attorneys.
 3335         (g)Criminal conflict regional counsel.—Each office of
 3336  criminal conflict regional counsel shall report the following
 3337  data:
 3338         1.Number of full-time assistant regional conflict counsel
 3339  handling criminal cases.
 3340         2.Number of part-time assistant regional conflict counsel
 3341  handling criminal cases.
 3342         3.Number of contract attorneys representing indigent adult
 3343  defendants.
 3344         4.Annual felony caseload.
 3345         5.Annual felony conflict caseload.
 3346         6.Annual misdemeanor caseload.
 3347         7.Annual misdemeanor conflict caseload.
 3348         (4) DATA PUBLICLY AVAILABLE.—Beginning January 1, 2019, The
 3349  Department of Law Enforcement shall publish datasets in its
 3350  possession in a modern, open, electronic format that is machine
 3351  readable and readily accessible by the public on the
 3352  department’s website. The published data must be searchable, at
 3353  a minimum, by each data elements element, county, circuit, and
 3354  unique identifier. Beginning March 1, 2019, the department shall
 3355  publish begin publishing the data received under subsection (3)
 3356  (2) in the same modern, open, electronic format that is machine
 3357  readable and readily accessible to the public on the
 3358  department’s website. The department shall publish all data
 3359  received under subsection (3) (2) no later than January 1, 2020,
 3360  and monthly thereafter July 1, 2019.
 3361         (5) NONCOMPLIANCE.—Notwithstanding any other provision of
 3362  law, an entity required to collect and transmit data under
 3363  subsection (3) paragraph (3)(a) or paragraph (3)(d) which does
 3364  not comply with the requirements of this section is ineligible
 3365  to receive funding from the General Appropriations Act, any
 3366  state grant program administered by the Department of Law
 3367  Enforcement, or any other state agency for 5 years after the
 3368  date of noncompliance.
 3369         (6)CONFIDENTIALITY.—Information collected by any reporting
 3370  agency which is confidential and exempt upon collection remains
 3371  confidential and exempt when reported to the Department of Law
 3372  Enforcement under this section.
 3373         Section 50. Effective July 1, 2020, section 900.06, Florida
 3374  Statutes, is created to read:
 3375         900.06Recording of custodial interrogations for certain
 3376  offenses.—
 3377         (1)As used in this section, the term:
 3378         (a)“Electronic recording” means an audio recording or an
 3379  audio and video recording that accurately records a custodial
 3380  interrogation.
 3381         (b)“Covered offense” includes:
 3382         1.Arson.
 3383         2.Sexual battery.
 3384         3.Robbery.
 3385         4.Kidnapping.
 3386         5.Aggravated child abuse.
 3387         6.Aggravated abuse of an elderly person or disabled adult.
 3388         7.Aggravated assault with a deadly weapon.
 3389         8.Murder.
 3390         9.Manslaughter.
 3391         10.Aggravated manslaughter of an elderly person or
 3392  disabled adult.
 3393         11.Aggravated manslaughter of a child.
 3394         12.The unlawful throwing, placing, or discharging of a
 3395  destructive device or bomb.
 3396         13.Armed burglary.
 3397         14.Aggravated battery.
 3398         15.Aggravated stalking.
 3399         16.Home-invasion robbery.
 3400         17.Carjacking.
 3401         (c)“Custodial interrogation” means questioning or other
 3402  conduct by a law enforcement officer which is reasonably likely
 3403  to elicit an incriminating response from an individual and which
 3404  occurs under circumstances in which a reasonable individual in
 3405  the same circumstances would consider himself or herself to be
 3406  in the custody of a law enforcement agency.
 3407         (d)“Place of detention” means a police station, sheriff’s
 3408  office, correctional facility, prisoner holding facility, county
 3409  detention facility, or other governmental facility where an
 3410  individual may be held in connection with a criminal charge that
 3411  has been or may be filed against the individual.
 3412         (e)“Statement” means a communication that is oral,
 3413  written, electronic, nonverbal, or in sign language.
 3414         (2)(a)A custodial interrogation at a place of detention,
 3415  including the giving of a required warning, the advisement of
 3416  the rights of the individual being questioned, and the waiver of
 3417  any rights by the individual, must be electronically recorded in
 3418  its entirety if the interrogation is related to a covered
 3419  offense.
 3420         (b)If a law enforcement officer conducts a custodial
 3421  interrogation at a place of detention without electronically
 3422  recording the interrogation, the officer must prepare a written
 3423  report explaining the reason why he or she did not record the
 3424  interrogation.
 3425         (c)As soon as practicable, a law enforcement officer who
 3426  conducts a custodial interrogation at a place other than a place
 3427  of detention shall prepare a written report explaining the
 3428  circumstances of the interrogation at that place and summarizing
 3429  the custodial interrogation process and the individual’s
 3430  statements made at that place.
 3431         (d)Paragraph (a) does not apply:
 3432         1.If an unforeseen equipment malfunction prevents
 3433  recording the custodial interrogation in its entirety;
 3434         2.If a suspect refuses to participate in a custodial
 3435  interrogation if his or her statements are to be electronically
 3436  recorded;
 3437         3.If an equipment operator error prevents recording the
 3438  custodial interrogation in its entirety;
 3439         4.If the statement is made spontaneously and not in
 3440  response to a custodial interrogation question;
 3441         5.If the statement is made during the processing of the
 3442  arrest of a suspect;
 3443         6.If the custodial interrogation occurs when the law
 3444  enforcement officer participating in the interrogation does not
 3445  have any knowledge of facts and circumstances that would lead an
 3446  officer to reasonably believe that the individual being
 3447  interrogated may have committed a covered offense;
 3448         7.If the law enforcement officer conducting the custodial
 3449  interrogation reasonably believes that making an electronic
 3450  recording would jeopardize the safety of the officer, the
 3451  individual being interrogated, or others; or
 3452         8.If the custodial interrogation is conducted outside of
 3453  this state.
 3454         (3)Unless a court finds that one or more of the
 3455  circumstances specified in paragraph (2)(d) apply, the court
 3456  must consider the circumstances of an interrogation conducted by
 3457  a law enforcement officer in which he or she did not
 3458  electronically record all or part of a custodial interrogation
 3459  in determining whether a statement made during the interrogation
 3460  is admissible. If the court admits into evidence a statement
 3461  made during a custodial interrogation that was not
 3462  electronically recorded as required under paragraph (2)(a), the
 3463  court must, upon request of the defendant, give cautionary
 3464  instructions to the jury regarding the law enforcement officer’s
 3465  failure to comply with that requirement.
 3466         (4)A law enforcement agency in this state which has
 3467  enforced rules adopted pursuant to this section which are
 3468  reasonably designed to ensure compliance with the requirements
 3469  of this section is not subject to civil liability for damages
 3470  arising from a violation of this section. This section does not
 3471  create a cause of action against a law enforcement officer.
 3472         Section 51. Paragraph (e) of subsection (1) of section
 3473  921.002, Florida Statutes, is amended to read:
 3474         921.002 The Criminal Punishment Code.—The Criminal
 3475  Punishment Code shall apply to all felony offenses, except
 3476  capital felonies, committed on or after October 1, 1998.
 3477         (1) The provision of criminal penalties and of limitations
 3478  upon the application of such penalties is a matter of
 3479  predominantly substantive law and, as such, is a matter properly
 3480  addressed by the Legislature. The Legislature, in the exercise
 3481  of its authority and responsibility to establish sentencing
 3482  criteria, to provide for the imposition of criminal penalties,
 3483  and to make the best use of state prisons so that violent
 3484  criminal offenders are appropriately incarcerated, has
 3485  determined that it is in the best interest of the state to
 3486  develop, implement, and revise a sentencing policy. The Criminal
 3487  Punishment Code embodies the principles that:
 3488         (e) The sentence imposed by the sentencing judge reflects
 3489  the length of actual time to be served, shortened only by the
 3490  application of incentive and meritorious gain-time as provided
 3491  by law, and may not be shortened if the defendant would
 3492  consequently serve less than 65 percent of his or her term of
 3493  imprisonment as provided in s. 944.275(4)(b)3.a. or 85 percent
 3494  of his or her term of imprisonment as provided in s. 944.275(4)
 3495  or s. 944.275(4)(b)3.b. The provisions of chapter 947, relating
 3496  to parole, do not shall not apply to persons sentenced under the
 3497  Criminal Punishment Code. This paragraph applies retroactively
 3498  to October 1, 1995, as provided in s. 944.275(4)(b)3.a. and b.
 3499         Section 52. Section 943.0578, Florida Statutes, is created
 3500  to read:
 3501         943.0578Lawful self-defense expunction.—
 3502         (1)Notwithstanding the eligibility requirements defined in
 3503  s. 943.0585(1) and (2), the department shall issue a certificate
 3504  of eligibility for expunction under this section to a person who
 3505  is the subject of a criminal history record if that person has
 3506  obtained, and submitted to the department, on a form provided by
 3507  the department, a written, certified statement from the
 3508  appropriate state attorney or statewide prosecutor which states
 3509  whether an information, indictment, or other charging document
 3510  was not filed or was dismissed by the state attorney, or
 3511  dismissed by the court, because it was found that the person
 3512  acted in lawful self-defense pursuant to chapter 776.
 3513         (2)Each petition to expunge a criminal history record
 3514  pursuant to this section must be accompanied by:
 3515         (a)A valid certificate of eligibility for expunction
 3516  issued by the department pursuant to this section; and
 3517         (b)The petitioner’s sworn statement attesting that the
 3518  petitioner is eligible for such an expunction to the best of his
 3519  or her knowledge or belief.
 3520  
 3521  Any person who knowingly provides false information on such
 3522  sworn statement to the court commits a felony of the third
 3523  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3524  775.084.
 3525         (3)This section does not confer any right to the
 3526  expunction of a criminal history record, and any request for
 3527  expunction of a criminal history record may be denied at the
 3528  discretion of the court.
 3529         (4)Sections 943.0585(5) and (6) apply to an expunction
 3530  ordered under this section.
 3531         (5)The department shall adopt rules to establish
 3532  procedures for applying for and issuing a certificate of
 3533  eligibility for expunction under this section.
 3534         Section 53. Section 943.0581, Florida Statutes, is amended
 3535  to read:
 3536         943.0581 Administrative expunction for arrests made
 3537  contrary to law or by mistake.—
 3538         (1) Notwithstanding any law dealing generally with the
 3539  preservation and destruction of public records, the department
 3540  may adopt a rule pursuant to chapter 120 for the administrative
 3541  expunction of any nonjudicial record of an arrest of a minor or
 3542  an adult made contrary to law or by mistake.
 3543         (2) A law enforcement agency shall apply to the department
 3544  in the manner prescribed by rule for the administrative
 3545  expunction of any nonjudicial record of any arrest of a minor or
 3546  an adult who is subsequently determined by the agency, at its
 3547  discretion, or by the final order of a court of competent
 3548  jurisdiction, to have been arrested contrary to law or by
 3549  mistake.
 3550         (3) An adult or, in the case of a minor child, the parent
 3551  or legal guardian of the minor child, may apply to the
 3552  department in the manner prescribed by rule for the
 3553  administrative expunction of any nonjudicial record of an arrest
 3554  alleged to have been made contrary to law or by mistake,
 3555  provided that the application is supported by the endorsement of
 3556  the head of the arresting agency or his or her designee or the
 3557  state attorney of the judicial circuit in which the arrest
 3558  occurred or his or her designee.
 3559         (4) An application for administrative expunction shall
 3560  include the date and time of the arrest, the name of the person
 3561  arrested, the offender-based tracking system (OBTS) number, and
 3562  the crime or crimes charged. The application shall be on the
 3563  submitting agency’s letterhead and shall be signed by the head
 3564  of the submitting agency or his or her designee.
 3565         (5) If the person was arrested on a warrant, capias, or
 3566  pickup order, a request for an administrative expunction may be
 3567  made by the sheriff of the county in which the warrant, capias,
 3568  or pickup order was issued or his or her designee or by the
 3569  state attorney of the judicial circuit in which the warrant,
 3570  capias, or pickup order was issued or his or her designee.
 3571         (6) An application or endorsement under this section is not
 3572  admissible as evidence in any judicial or administrative
 3573  proceeding and may not be construed in any way as an admission
 3574  of liability in connection with an arrest.
 3575         Section 54. Section 943.0584, Florida Statutes, is created
 3576  to read:
 3577         943.0584Criminal history records ineligible for court
 3578  ordered expunction or court-ordered sealing.—
 3579         (1)As used in this section, the term “conviction” means a
 3580  determination of guilt which is the result of a trial or the
 3581  entry of a plea of guilty or nolo contendere, regardless of
 3582  whether adjudication is withheld, or if the defendant was a
 3583  minor, a finding that the defendant committed or pled guilty or
 3584  nolo contendere to committing a delinquent act, regardless of
 3585  whether adjudication of delinquency is withheld.
 3586         (2)A criminal history record is ineligible for a
 3587  certificate of eligibility for expunction or a court-ordered
 3588  expunction pursuant to s. 943.0585 or a certificate of
 3589  eligibility for sealing or a court-ordered sealing pursuant to
 3590  s. 943.059 if the record is a conviction, information,
 3591  indictment, notice to appear, or arrest for any of the following
 3592  offenses:
 3593         (a)Sexual misconduct, as defined in s. 393.135, s.
 3594  394.4593, or s. 916.1075;
 3595         (b)Illegal use of explosives, as defined in chapter 552;
 3596         (c)Terrorism, as defined in s. 775.30;
 3597         (d)Murder, as defined in s. 782.04, s. 782.065, or s.
 3598  782.09;
 3599         (e)Manslaughter or homicide, as defined in s. 782.07, s.
 3600  782.071, or s. 782.072;
 3601         (f)Assault or battery, as defined in ss. 784.011 and
 3602  784.03, respectively, of one family or household member by
 3603  another family or household member, as defined in s. 741.28(3);
 3604         (g)Aggravated assault, as defined in s. 784.021;
 3605         (h)Felony battery, domestic battery by strangulation, or
 3606  aggravated battery, as defined in s. 784.03, s. 784.041, and s.
 3607  784.045, respectively;
 3608         (i)Stalking or aggravated stalking, as defined in s.
 3609  784.048;
 3610         (j)Luring or enticing a child, as defined in s. 787.025;
 3611         (k)Human trafficking, as defined in s. 787.06;
 3612         (l)Kidnapping or false imprisonment, as defined in s.
 3613  787.01 or s. 787.02;
 3614         (m)Any offense defined in chapter 794;
 3615         (n)Procuring a person less than 18 years of age for
 3616  prostitution, as defined in former s. 796.03;
 3617         (o)Lewd or lascivious offenses committed upon or in the
 3618  presence of persons less than 16 years of age, as defined in s.
 3619  800.04;
 3620         (p)Arson, as defined in s. 806.01;
 3621         (q)Burglary of a dwelling, as defined in s. 810.02;
 3622         (r)Voyeurism or video voyeurism, as defined in s. 810.14
 3623  and s. 810.145, respectively;
 3624         (s)Robbery or robbery by sudden snatching, as defined in
 3625  s. 812.13 and s. 812.131, respectively;
 3626         (t)Carjacking, as defined in s. 812.133;
 3627         (u)Home-invasion robbery, as defined in s. 812.135;
 3628         (v)A violation of the Florida Communications Fraud Act, as
 3629  provided in s. 817.034;
 3630         (w)Abuse of an elderly person or disabled adult, or
 3631  aggravated abuse of an elderly person or disabled adult, as
 3632  defined in s. 825.102;
 3633         (x)Lewd or lascivious offenses committed upon or in the
 3634  presence of an elderly person or disabled person, as defined in
 3635  s. 825.1025;
 3636         (y)Child abuse or aggravated child abuse, as defined in s.
 3637  827.03;
 3638         (z)Sexual performance by a child, as defined in s.
 3639  827.071;
 3640         (aa)Any offense defined in chapter 839;
 3641         (bb)Certain acts in connection with obscenity, as defined
 3642  in s. 847.0133;
 3643         (cc)Any offense defined in s. 847.0135;
 3644         (dd)Selling or buying of minors, as defined in s.
 3645  847.0145;
 3646         (ee)Aircraft piracy, as defined in s. 860.16;
 3647         (ff)Manufacturing a controlled substance in violation of
 3648  chapter 893;
 3649         (gg)Drug trafficking, as defined in s. 893.135; or
 3650         (hh)Any violation specified as a predicate offense for
 3651  registration as a sexual predator pursuant to s. 775.21, or
 3652  sexual offender pursuant to s. 943.0435, without regard to
 3653  whether that offense alone is sufficient to require such
 3654  registration.
 3655         Section 55. Section 943.0585, Florida Statutes, is amended
 3656  to read:
 3657         (Substantial rewording of section. See
 3658         s. 943.0585, F.S., for present text.)
 3659         943.0585Court-ordered expunction of criminal history
 3660  records.—
 3661         (1)ELIGIBILITY.—A person is eligible to petition a court
 3662  to expunge a criminal history record if:
 3663         (a)An indictment, information, or other charging document
 3664  was not filed or issued in the case giving rise to the criminal
 3665  history record.
 3666         (b)An indictment, information, or other charging document
 3667  was filed or issued in the case giving rise to the criminal
 3668  history record, was dismissed or nolle prosequi by the state
 3669  attorney or statewide prosecutor, or was dismissed by a court of
 3670  competent jurisdiction or a judgment of acquittal was rendered
 3671  by a judge, or a verdict of not guilty was rendered by a judge
 3672  or jury.
 3673         (c)The person is not seeking to expunge a criminal history
 3674  record that is ineligible for court-ordered expunction pursuant
 3675  to s. 943.0584.
 3676         (d)The person has never, as of the date the application
 3677  for a certificate of expunction is filed, been adjudicated
 3678  guilty in this state of a criminal offense or been adjudicated
 3679  delinquent in this state for committing any felony or any of the
 3680  following misdemeanors, unless the record of such adjudication
 3681  of delinquency has been expunged pursuant to s. 943.0515:
 3682         1.Assault, as defined in s. 784.011;
 3683         2.Battery, as defined in s. 784.03;
 3684         3.Assault on a law enforcement officer, a firefighter, or
 3685  other specified officers, as defined in s. 784.07(2)(a);
 3686         4.Carrying a concealed weapon, as defined in s. 790.01(1);
 3687         5.Open carrying of a weapon, as defined in s. 790.053;
 3688         6.Unlawful possession or discharge of a weapon or firearm
 3689  at a school-sponsored event or on school property, as defined in
 3690  s. 790.115;
 3691         7.Unlawful use of destructive devices or bombs, as defined
 3692  in s. 790.1615(1);
 3693         8.Unlawful possession of a firearm, as defined in s.
 3694  790.22(5);
 3695         9.Exposure of sexual organs, as defined in s. 800.03;
 3696         10.Arson, as defined in s. 806.031(1);
 3697         11.Petit theft, as defined in s. 812.014(3);
 3698         12.Neglect of a child, as defined in s. 827.03(1)(e); or
 3699         13.Cruelty to animals, as defined in s. 828.12(1).
 3700         (e)The person has not been adjudicated guilty of, or
 3701  adjudicated delinquent for committing, any of the acts stemming
 3702  from the arrest or alleged criminal activity to which the
 3703  petition pertains.
 3704         (f)The person is no longer under court supervision
 3705  applicable to the disposition of arrest or alleged criminal
 3706  activity to which the petition to expunge pertains.
 3707         (g)The person has never secured a prior sealing or
 3708  expunction of a criminal history record under this section, s.
 3709  943.059, former s. 893.14, former s. 901.33, or former s.
 3710  943.058, unless expunction is sought of a criminal history
 3711  record previously sealed for 10 years pursuant to paragraph (h)
 3712  and the record is otherwise eligible for expunction.
 3713         (h)The person has previously obtained a court order
 3714  sealing the criminal history record under this section, former
 3715  s. 893.14, former s. 901.33, or former s. 943.058 for a minimum
 3716  of 10 years because adjudication was withheld or because all
 3717  charges related to the arrest or alleged criminal activity to
 3718  which the petition to expunge pertains were not dismissed before
 3719  trial, without regard to whether the outcome of the trial was
 3720  other than an adjudication of guilt. The requirement for the
 3721  record to have previously been sealed for a minimum of 10 years
 3722  does not apply if a plea was not entered or all charges related
 3723  to the arrest or alleged criminal activity to which the petition
 3724  to expunge pertains were dismissed before trial or a judgment of
 3725  acquittal was rendered by a judge or a verdict of not guilty was
 3726  rendered by a judge or jury.
 3727         (2)CERTIFICATE OF ELIGIBILITY.—Before petitioning a court
 3728  to expunge a criminal history record, a person seeking to
 3729  expunge a criminal history record must apply to the department
 3730  for a certificate of eligibility for expunction. The department
 3731  shall adopt rules to establish procedures for applying for and
 3732  issuing a certificate of eligibility for expunction.
 3733         (a)The department shall issue a certificate of eligibility
 3734  for expunction to a person who is the subject of a criminal
 3735  history record if that person:
 3736         1.Satisfies the eligibility criteria in paragraphs (1)(a)
 3737  (h) and is not ineligible under s. 943.0584.
 3738         2.Has submitted to the department a written certified
 3739  statement from the appropriate state attorney or statewide
 3740  prosecutor which confirms the criminal history record complies
 3741  with the criteria in paragraph (1)(a) or paragraphs (1)(b) and
 3742  (c).
 3743         3.Has submitted to the department a certified copy of the
 3744  disposition of the charge to which the petition to expunge
 3745  pertains.
 3746         4.Remits a $75 processing fee to the department for
 3747  placement in the Department of Law Enforcement Operating Trust
 3748  Fund, unless the executive director waives such fee.
 3749         (b)A certificate of eligibility for expunction is valid
 3750  for 12 months after the date stamped on the certificate when
 3751  issued by the department. After that time, the petitioner must
 3752  reapply to the department for a new certificate of eligibility.
 3753  The petitioner’s status and the law in effect at the time of the
 3754  renewal application determine the petitioner’s eligibility.
 3755         (3)PETITION.—Each petition to expunge a criminal history
 3756  record must be accompanied by:
 3757         (a)A valid certificate of eligibility issued by the
 3758  department.
 3759         (b)The petitioner’s sworn statement that he or she:
 3760         1.Satisfies the eligibility requirements for expunction in
 3761  subsection (1).
 3762         2.Is eligible for expunction to the best of his or her
 3763  knowledge and does not have any other petition to seal or
 3764  expunge a criminal history record pending before any court.
 3765  
 3766  A person who knowingly provides false information on such sworn
 3767  statement commits a felony of the third degree, punishable as
 3768  provided in s. 775.082, s. 775.083, or s. 775.084.
 3769         (4)COURT AUTHORITY.—
 3770         (a)The courts of this state have jurisdiction over their
 3771  own procedures, including the maintenance, expunction, and
 3772  correction of judicial records containing criminal history
 3773  information to the extent that such procedures are not
 3774  inconsistent with the conditions, responsibilities, and duties
 3775  established by this section.
 3776         (b)A court of competent jurisdiction may order a criminal
 3777  justice agency to expunge the criminal history record of a minor
 3778  or an adult who complies with the requirements of this section.
 3779  The court may not order a criminal justice agency to expunge a
 3780  criminal history record until the person seeking to expunge a
 3781  criminal history record has applied for and received a
 3782  certificate of eligibility under subsection (2).
 3783         (c)The court may order expunction of a criminal history
 3784  record pertaining to one arrest or one incident of alleged
 3785  criminal activity only, except that the court may order the
 3786  expunction of a criminal history record pertaining to more than
 3787  one arrest if the additional arrests directly relate to the
 3788  original arrest. If the court intends to order the expunction of
 3789  records pertaining to such additional arrests, such intent must
 3790  be specified in the order. A criminal justice agency may not
 3791  expunge any record pertaining to such additional arrests if the
 3792  order to expunge does not articulate the intention of the court
 3793  to expunge a record pertaining to more than one arrest. This
 3794  section does not prevent the court from ordering the expunction
 3795  of only a portion of a criminal history record pertaining to one
 3796  arrest or one incident of alleged criminal activity.
 3797         (d)Notwithstanding any law to the contrary, a criminal
 3798  justice agency may comply with laws, court orders, and official
 3799  requests of other jurisdictions relating to expunction,
 3800  correction, or confidential handling of criminal history records
 3801  or information derived therefrom.
 3802         (e)This section does not confer any right to expunction of
 3803  any criminal history record, and any request for expunction of a
 3804  criminal history record may be denied at the sole discretion of
 3805  the court.
 3806         (5)PROCESSING OF A PETITION OR AN ORDER.—
 3807         (a)In judicial proceedings under this section, a copy of
 3808  the completed petition to expunge shall be served upon the
 3809  appropriate state attorney or the statewide prosecutor and upon
 3810  the arresting agency; however, it is not necessary to make any
 3811  agency other than the state a party. The appropriate state
 3812  attorney or the statewide prosecutor and the arresting agency
 3813  may respond to the court regarding the completed petition to
 3814  expunge.
 3815         (b)If relief is granted by the court, the clerk of the
 3816  court shall certify copies of the order to the appropriate state
 3817  attorney or the statewide prosecutor and the arresting agency.
 3818  The arresting agency shall forward the order to any other agency
 3819  to which the arresting agency disseminated the criminal history
 3820  record information to which the order pertains. The department
 3821  shall forward the order to expunge to the Federal Bureau of
 3822  Investigation. The clerk of the court shall certify a copy of
 3823  the order to any other agency which the records of the court
 3824  reflect has received the criminal history record from the court.
 3825         (c)The department or any other criminal justice agency is
 3826  not required to act on an order to expunge entered by a court
 3827  when such order does not comply with the requirements of this
 3828  section. Upon receipt of such an order, the department must
 3829  notify the issuing court, the appropriate state attorney or
 3830  statewide prosecutor, the petitioner or the petitioner’s
 3831  attorney, and the arresting agency of the reason for
 3832  noncompliance. The appropriate state attorney or statewide
 3833  prosecutor shall take action within 60 days to correct the
 3834  record and petition the court to void the order. No cause of
 3835  action, including contempt of court, shall arise against any
 3836  criminal justice agency for failure to comply with an order to
 3837  expunge when the petitioner for such order failed to obtain the
 3838  certificate of eligibility as required by this section or such
 3839  order does not otherwise comply with the requirements of this
 3840  section.
 3841         (6)EFFECT OF EXPUNCTION ORDER.—
 3842         (a)Any criminal history record of a minor or an adult
 3843  which is ordered expunged by a court of competent jurisdiction
 3844  pursuant to this section must be physically destroyed or
 3845  obliterated by any criminal justice agency having custody of
 3846  such record, except that any criminal history record in the
 3847  custody of the department must be retained in all cases. A
 3848  criminal history record ordered expunged which is retained by
 3849  the department is confidential and exempt from s. 119.07(1) and
 3850  s. 24(a), Art. I of the State Constitution and not available to
 3851  any person or entity except upon order of a court of competent
 3852  jurisdiction. A criminal justice agency may retain a notation
 3853  indicating compliance with an order to expunge.
 3854         (b)The person who is the subject of a criminal history
 3855  record that is expunged under this section or under other
 3856  provisions of law, including former s. 893.14, former s. 901.33,
 3857  and former s. 943.058, may lawfully deny or fail to acknowledge
 3858  the arrests covered by the expunged record, except when the
 3859  subject of the record:
 3860         1.Is a candidate for employment with a criminal justice
 3861  agency;
 3862         2.Is a defendant in a criminal prosecution;
 3863         3.Concurrently or subsequently petitions for relief under
 3864  this section, s. 943.0583, or s. 943.059;
 3865         4.Is a candidate for admission to The Florida Bar;
 3866         5.Is seeking to be employed or licensed by or to contract
 3867  with the Department of Children and Families, the Division of
 3868  Vocational Rehabilitation within the Department of Education,
 3869  the Agency for Health Care Administration, the Agency for
 3870  Persons with Disabilities, the Department of Health, the
 3871  Department of Elderly Affairs, or the Department of Juvenile
 3872  Justice or to be employed or used by such contractor or licensee
 3873  in a sensitive position having direct contact with children, the
 3874  disabled, or the elderly;
 3875         6.Is seeking to be employed or licensed by the Department
 3876  of Education, any district school board, any university
 3877  laboratory school, any charter school, any private or parochial
 3878  school, or any local governmental entity that licenses child
 3879  care facilities;
 3880         7.Is seeking to be licensed by the Division of Insurance
 3881  Agent and Agency Services within the Department of Financial
 3882  Services; or
 3883         8.Is seeking to be appointed as a guardian pursuant to s.
 3884  744.3125.
 3885         (c)Subject to the exceptions in paragraph (b), a person
 3886  who has been granted an expunction under this section, former s.
 3887  893.14, former s. 901.33, or former s. 943.058 may not be held
 3888  under any provision of law of this state to commit perjury or to
 3889  be otherwise liable for giving a false statement by reason of
 3890  such person’s failure to recite or acknowledge an expunged
 3891  criminal history record.
 3892         (d)Information relating to the existence of an expunged
 3893  criminal history record which is provided in accordance with
 3894  paragraph (a) is confidential and exempt from s. 119.07(1) and
 3895  s. 24(a), Art. I of the State Constitution, except that the
 3896  department shall disclose the existence of a criminal history
 3897  record ordered expunged to the entities set forth in
 3898  subparagraphs (b)1., 4., 5., 6., 7., and 8. for their respective
 3899  licensing, access authorization, and employment purposes and to
 3900  criminal justice agencies for their respective criminal justice
 3901  purposes. It is unlawful for any employee of an entity set forth
 3902  in subparagraph (b)1., 4., 5., 6., 7., or 8. to disclose
 3903  information relating to the existence of an expunged criminal
 3904  history record of a person seeking employment, access
 3905  authorization, or licensure with such entity or contractor,
 3906  except to the person to whom the criminal history record relates
 3907  or to persons having direct responsibility for employment,
 3908  access authorization, or licensure decisions. A person who
 3909  violates this paragraph commits a misdemeanor of the first
 3910  degree, punishable as provided in s. 775.082 or s. 775.083.
 3911         Section 56. Section 943.059, Florida Statutes, is amended
 3912  to read:
 3913         (Substantial rewording of section. See
 3914         s. 943.059, F.S., for present text.)
 3915         943.059Court-ordered sealing of criminal history records.—
 3916         (1)ELIGIBILITY.—A person is eligible to petition a court
 3917  to seal a criminal history record when:
 3918         (a)The criminal history record is not ineligible for
 3919  court-ordered sealing under s. 943.0584.
 3920         (b)The person has never, before the date the application
 3921  for a certificate of eligibility is filed, been adjudicated
 3922  guilty in this state of a criminal offense, or been adjudicated
 3923  delinquent in this state for committing any felony or any of the
 3924  following misdemeanor offenses, unless the record of such
 3925  adjudication of delinquency has been expunged pursuant to s.
 3926  943.0515:
 3927         1.Assault, as defined in s. 784.011;
 3928         2.Battery, as defined in s. 784.03;
 3929         3.Assault on a law enforcement officer, a firefighter, or
 3930  other specified officers, as defined in s. 784.07(2)(a);
 3931         4.Carrying a concealed weapon, as defined in s. 790.01(1);
 3932         5.Open carrying of a weapon, as defined in s. 790.053;
 3933         6.Unlawful possession or discharge of a weapon or firearm
 3934  at a school-sponsored event or on school property, as defined in
 3935  s. 790.115;
 3936         7.Unlawful use of destructive devices or bombs, as defined
 3937  in s. 790.1615(1);
 3938         8.Unlawful possession of a firearm by a minor, as defined
 3939  in s. 790.22(5);
 3940         9.Exposure of sexual organs, as defined in s. 800.03;
 3941         10.Arson, as defined in s. 806.031(1);
 3942         11.Petit theft, as defined in s. 812.014(3);
 3943         12.Neglect of a child, as defined in s. 827.03(1)(e); or
 3944         13.Cruelty to animals, as defined in s. 828.12(10).
 3945         (c)The person has not been adjudicated guilty of, or
 3946  adjudicated delinquent for committing, any of the acts stemming
 3947  from the arrest or alleged criminal activity to which the
 3948  petition to seal pertains.
 3949         (d)The person is no longer under court supervision
 3950  applicable to the disposition of arrest or alleged criminal
 3951  activity to which the petition to seal pertains.
 3952         (e)The person has never secured a prior sealing or
 3953  expunction of a criminal history record under this section, s.
 3954  943.0585, former s. 893.14, former s. 901.33, or former s.
 3955  943.058.
 3956         (2)CERTIFICATE OF ELIGIBILITY.—Before petitioning the
 3957  court to seal a criminal history record, a person seeking to
 3958  seal a criminal history record must apply to the department for
 3959  a certificate of eligibility for sealing. The department shall
 3960  adopt rules relating to the application for and issuance of
 3961  certificates of eligibility for sealing.
 3962         (a)The department shall issue a certificate of eligibility
 3963  for sealing to a person who is the subject of a criminal history
 3964  record if that person:
 3965         1.Satisfies the eligibility criteria in paragraphs (1)(a)
 3966  (e) and is not ineligible for court-ordered sealing under s.
 3967  943.0584.
 3968         2.Has submitted to the department a certified copy of the
 3969  disposition of charge to which the petition pertains.
 3970         3.Remits a $75 processing fee to the department for
 3971  placement in the Department of Law Enforcement Operating Trust
 3972  Fund, unless the executive director waives such fee.
 3973         (b)A certificate of eligibility for sealing is valid for
 3974  12 months after the date stamped on the certificate when issued
 3975  by the department. After that time, the petitioner must reapply
 3976  to the department for a new certificate of eligibility. The
 3977  status of the applicant and the law in effect at the time of the
 3978  renewal application determine the petitioner’s eligibility.
 3979         (3)PETITION.—Each petition to a court to seal a criminal
 3980  history record is complete only when accompanied by:
 3981         (a)A valid certificate of eligibility issued by the
 3982  department pursuant to this section.
 3983         (b)The petitioner’s sworn statement that the petitioner:
 3984         1.Satisfies the eligibility requirements for sealing in
 3985  subsection (1).
 3986         2.Is eligible for sealing to the best of his or her
 3987  knowledge and does not have any other petition to seal or
 3988  expunge a criminal history record pending before any court.
 3989  
 3990  Any person who knowingly provides false information on such
 3991  sworn statement to the court commits a felony of the third
 3992  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3993  775.084.
 3994         (4)COURT AUTHORITY.—
 3995         (a)The courts of this state have jurisdiction over their
 3996  own procedures, including the maintenance, sealing, and
 3997  correction of judicial records containing criminal history
 3998  information to the extent that such procedures are not
 3999  inconsistent with the conditions, responsibilities, and duties
 4000  established by this section.
 4001         (b)Any court of competent jurisdiction may order a
 4002  criminal justice agency to seal the criminal history record of a
 4003  minor or an adult who complies with the requirements of this
 4004  section. The court may not order a criminal justice agency to
 4005  seal a criminal history record until the person seeking to seal
 4006  a criminal history record has applied for and received a
 4007  certificate of eligibility pursuant to subsection (2).
 4008         (c)The court may order the sealing of a criminal history
 4009  record pertaining to one arrest or one incident of alleged
 4010  criminal activity only, except the court may order the sealing
 4011  of a criminal history record pertaining to more than one arrest
 4012  if the additional arrests directly relate to the original
 4013  arrest. If the court intends to order the sealing of records
 4014  pertaining to such additional arrests, such intent must be
 4015  specified in the order. A criminal justice agency may not seal
 4016  any record pertaining to such additional arrests if the order to
 4017  seal does not articulate the intention of the court to seal a
 4018  record pertaining to more than one arrest. This section does not
 4019  prevent the court from ordering the sealing of only a portion of
 4020  a criminal history record pertaining to one arrest or one
 4021  incident of alleged criminal activity.
 4022         (d)Notwithstanding any law to the contrary, a criminal
 4023  justice agency may comply with laws, court orders, and official
 4024  requests of other jurisdictions relating to sealing, correction,
 4025  or confidential handling of criminal history records or
 4026  information derived therefrom.
 4027         (e)This section does not confer any right to the sealing
 4028  of any criminal history record, and any request for sealing of a
 4029  criminal history record may be denied at the sole discretion of
 4030  the court.
 4031         (5)PROCESSING OF A PETITION OR ORDER.—
 4032         (a)In judicial proceedings under this section, a copy of
 4033  the completed petition to seal shall be served upon the
 4034  appropriate state attorney or the statewide prosecutor and upon
 4035  the arresting agency; however, it is not necessary to make any
 4036  agency other than the state a party. The appropriate state
 4037  attorney or the statewide prosecutor and the arresting agency
 4038  may respond to the court regarding the completed petition to
 4039  seal.
 4040         (b)If relief is granted by the court, the clerk of the
 4041  court shall certify copies of the order to the appropriate state
 4042  attorney or the statewide prosecutor and the arresting agency.
 4043  The arresting agency is responsible for forwarding the order to
 4044  any other agency to which the arresting agency disseminated the
 4045  criminal history record information to which the order pertains.
 4046  The department shall forward the order to seal to the Federal
 4047  Bureau of Investigation. The clerk of the court shall certify a
 4048  copy of the order to any other agency that the records of the
 4049  court reflect has received the criminal history record from the
 4050  court.
 4051         (c)The department or any other criminal justice agency is
 4052  not required to act on an order to seal entered by a court when
 4053  such order does not comply with the requirements of this
 4054  section. Upon receipt of such an order, the department must
 4055  notify the issuing court, the appropriate state attorney or
 4056  statewide prosecutor, the petitioner or the petitioner’s
 4057  attorney, and the arresting agency of the reason for
 4058  noncompliance. The appropriate state attorney or statewide
 4059  prosecutor shall take action within 60 days to correct the
 4060  record and petition the court to void the order. No cause of
 4061  action, including contempt of court, shall arise against any
 4062  criminal justice agency for failure to comply with an order to
 4063  seal when the petitioner for such order failed to obtain the
 4064  certificate of eligibility as required by this section or such
 4065  order does not otherwise comply with the requirements of this
 4066  section.
 4067         (6)EFFECT OF ORDER.—
 4068         (a)A criminal history record of a minor or an adult which
 4069  is ordered sealed by a court pursuant to this section is
 4070  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 4071  of the State Constitution and is available only to the following
 4072  persons:
 4073         1.The subject of the record;
 4074         2.The subject’s attorney;
 4075         3.Criminal justice agencies for their respective criminal
 4076  justice purposes, which include conducting a criminal history
 4077  background check for approval of firearms purchases or transfers
 4078  as authorized by state or federal law;
 4079         4.Judges in the state courts system for the purpose of
 4080  assisting them in their case-related decisionmaking
 4081  responsibilities, as set forth in s. 943.053(5); or
 4082         5.To those entities set forth in subparagraphs (b)1., 4.,
 4083  5., 6., 8., 9., and 10. for their respective licensing access
 4084  authorization and employment purposes.
 4085         (b)The subject of the criminal history record sealed under
 4086  this section or under other provisions of law, including former
 4087  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
 4088  deny or fail to acknowledge the arrests covered by the sealed
 4089  record, except when the subject of the record:
 4090         1.Is a candidate for employment with a criminal justice
 4091  agency;
 4092         2.Is a defendant in a criminal prosecution;
 4093         3.Concurrently or subsequently petitions for relief under
 4094  this section, s. 943.0583, or s. 943.0585;
 4095         4.Is a candidate for admission to The Florida Bar;
 4096         5.Is seeking to be employed or licensed by or to contract
 4097  with the Department of Children and Families, the Division of
 4098  Vocational Rehabilitation within the Department of Education,
 4099  the Agency for Health Care Administration, the Agency for
 4100  Persons with Disabilities, the Department of Health, the
 4101  Department of Elderly Affairs, or the Department of Juvenile
 4102  Justice or to be employed or used by such contractor or licensee
 4103  in a sensitive position having direct contact with children, the
 4104  disabled, or the elderly;
 4105         6.Is seeking to be employed or licensed by the Department
 4106  of Education, a district school board, a university laboratory
 4107  school, a charter school, a private or parochial school, or a
 4108  local governmental entity that licenses child care facilities;
 4109         7.Is attempting to purchase a firearm from a licensed
 4110  importer, licensed manufacturer, or licensed dealer and is
 4111  subject to a criminal history check under state or federal law;
 4112         8.Is seeking to be licensed by the Division of Insurance
 4113  Agent and Agency Services within the Department of Financial
 4114  Services;
 4115         9.Is seeking to be appointed as a guardian pursuant to s.
 4116  744.3125; or
 4117         10.Is seeking to be licensed by the Bureau of License
 4118  Issuance of the Division of Licensing within the Department of
 4119  Agriculture and Consumer Services to carry a concealed weapon or
 4120  concealed firearm. This subparagraph applies only in the
 4121  determination of an applicant’s eligibility under s. 790.06.
 4122         (c)Subject to the exceptions in paragraph (b), a person
 4123  who has been granted a sealing under this section, former s.
 4124  893.14, former s. 901.33, or former s. 943.058 may not be held
 4125  under any provision of law of this state to commit perjury or to
 4126  be otherwise liable for giving a false statement by reason of
 4127  such person’s failure to recite or acknowledge a sealed criminal
 4128  history record.
 4129         (d)Information relating to the existence of a sealed
 4130  criminal history record provided in accordance with paragraph
 4131  (b) is confidential and exempt from s. 119.07(1) and s. 24(a),
 4132  Art. I of the State Constitution, except that the department
 4133  shall disclose the sealed criminal history record to the
 4134  entities set forth in subparagraphs (b)1., 4., 5., 6., 8., 9.,
 4135  and 10. for their respective licensing, access authorization,
 4136  and employment purposes. An employee of an entity set forth in
 4137  subparagraph (b)1., (b)4., (b)5., (b)6., (b)8., (b)9., or (b)10.
 4138  may not disclose information relating to the existence of a
 4139  sealed criminal history record of a person seeking employment,
 4140  access authorization, or licensure with such entity or
 4141  contractor, except to the person to whom the criminal history
 4142  record relates or to persons having direct responsibility for
 4143  employment, access authorization, or licensure decisions. A
 4144  person who violates this paragraph commits a misdemeanor of the
 4145  first degree, punishable as provided in s. 775.082 or s.
 4146  775.083.
 4147         Section 57. Section 943.0595, Florida Statutes, is created
 4148  to read:
 4149         943.0595Automatic sealing of criminal history records.—
 4150         (1)RULEMAKING.—Notwithstanding any law dealing generally
 4151  with the preservation and destruction of public records, the
 4152  department shall adopt rules addressing the automatic sealing of
 4153  any criminal history record of a minor or adult described in
 4154  this section.
 4155         (2)ELIGIBILITY.—
 4156         (a)The department shall automatically seal a criminal
 4157  history record when:
 4158         1.An indictment, information, or other charging document
 4159  was not filed or issued in the case giving rise to the criminal
 4160  history record.
 4161         2.An indictment, information, or other charging document
 4162  was filed in the case giving rise to the criminal history
 4163  record, but was dismissed or nolle prosequi by the state
 4164  attorney or statewide prosecutor or was dismissed by a court of
 4165  competent jurisdiction. However, a person is not eligible for
 4166  automatic sealing under this section if the dismissal was
 4167  pursuant to s. 916.145 or s. 985.19.
 4168         3.A not guilty verdict was rendered by a judge or jury.
 4169  However, a person is not eligible for automatic sealing under
 4170  this section if the defendant was found not guilty by reason of
 4171  insanity.
 4172         4.A judgment of acquittal was rendered by a judge.
 4173         (b)There is no limitation on the number of times a person
 4174  may obtain an automatic sealing for a criminal history record
 4175  described in paragraph (a).
 4176         (3)PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.—
 4177         (a)Upon the disposition of a criminal case resulting in a
 4178  criminal history record eligible for automatic sealing under
 4179  paragraph (2)(a), the clerk of the court shall transmit a
 4180  certified copy of the disposition of the criminal history record
 4181  to the department, which shall seal the criminal history record
 4182  upon receipt of the certified copy.
 4183         (b)Automatic sealing of a criminal history record does not
 4184  require sealing by the court or other criminal justice agencies,
 4185  or that such record be surrendered to the court, and such record
 4186  shall continue to be maintained by the department and other
 4187  criminal justice agencies.
 4188         (c)Except as provided in this section, automatic sealing
 4189  of a criminal history record shall have the same effect, and the
 4190  department may disclose such a record in the same manner, as a
 4191  record sealed under s. 943.059.
 4192         Section 58. Paragraph (b) of subsection (1) of section
 4193  943.325, Florida Statutes, is amended to read:
 4194         943.325 DNA database.—
 4195         (1) LEGISLATIVE INTENT.—
 4196         (b) The Legislature also finds that, upon establishment of
 4197  the Florida DNA database, a match between casework evidence DNA
 4198  samples from a criminal investigation and DNA samples from a
 4199  state or federal DNA database of certain offenders may be used
 4200  to find probable cause for the issuance of a warrant for arrest
 4201  or to obtain the DNA sample from an offender.
 4202         Section 59. Effective upon this act becoming a law,
 4203  subsections (9) and (10) are added to section 943.6871, Florida
 4204  Statutes, to read:
 4205         943.6871 Criminal justice data transparency.—In order to
 4206  facilitate the availability of comparable and uniform criminal
 4207  justice data, the department shall:
 4208         (9)Keep all information received by the department under
 4209  s. 900.05 which is confidential and exempt when collected by the
 4210  reporting agency confidential and exempt for purposes of this
 4211  section and s. 900.05.
 4212         (10) Commission a racial impact statement for each criminal
 4213  justice bill that is heard before a committee of the Senate or
 4214  the House of Representatives during a session of the
 4215  Legislature. The impact statement must estimate the anticipated
 4216  effects the proposed criminal justice legislation may have on
 4217  racial inequality among the residents of this state and must
 4218  indicate whether the proposed legislation would increase,
 4219  decrease, or have no impact on racial inequality or whether the
 4220  impact is indeterminable. To the extent feasible, the impact
 4221  statement should include quantifiable data. The impact statement
 4222  must specify the methodologies and assumptions used in its
 4223  preparation.
 4224         Section 60. Paragraphs (b) and (f) of subsection (4) of
 4225  section 944.275, Florida Statutes, are amended to read:
 4226         944.275 Gain-time.—
 4227         (4)
 4228         (b) For each month in which an inmate works diligently,
 4229  participates in training, uses time constructively, or otherwise
 4230  engages in positive activities, the department may grant
 4231  incentive gain-time in accordance with this paragraph. The rate
 4232  of incentive gain-time in effect on the date the inmate
 4233  committed the offense that which resulted in his or her
 4234  incarceration shall be the inmate’s rate of eligibility to earn
 4235  incentive gain-time throughout the period of incarceration and
 4236  may shall not be altered by a subsequent change in the severity
 4237  level of the offense for which the inmate was sentenced.
 4238         1. For sentences imposed for offenses committed before
 4239  prior to January 1, 1994, up to 20 days of incentive gain-time
 4240  may be granted. If granted, such gain-time shall be credited and
 4241  applied monthly.
 4242         2. For sentences imposed for offenses committed on or after
 4243  January 1, 1994, and before October 1, 1995:
 4244         a. For offenses ranked in offense severity levels 1 through
 4245  7, under former s. 921.0012 or former s. 921.0013, up to 25 days
 4246  of incentive gain-time may be granted. If granted, such gain
 4247  time shall be credited and applied monthly.
 4248         b. For offenses ranked in offense severity levels 8, 9, and
 4249  10, under former s. 921.0012 or former s. 921.0013, up to 20
 4250  days of incentive gain-time may be granted. If granted, such
 4251  gain-time shall be credited and applied monthly.
 4252         3. For sentences imposed for offenses committed on or after
 4253  October 1, 1995, and retroactive to October 1, 1995, the
 4254  department may grant up to 20 10 days per month of incentive
 4255  gain-time except that:
 4256         a.If the offense is a nonviolent felony, as defined in s.
 4257  948.08(6), the prisoner is not eligible to earn any type of
 4258  gain-time in an amount that would cause a sentence to expire,
 4259  end, or terminate, or that would result in a prisoner’s release,
 4260  before he or she serves a minimum of 65 percent of the sentence
 4261  imposed. For purposes of this sub-subparagraph, credits awarded
 4262  by the court for time physically incarcerated must be credited
 4263  toward satisfaction of 65 percent of the sentence imposed. A
 4264  prisoner who is granted incentive gain-time pursuant to this
 4265  sub-subparagraph may not accumulate further gain-time awards at
 4266  any point when the tentative release date is the same as that
 4267  date at which the prisoner will have served 65 percent of the
 4268  sentence imposed. State prisoners sentenced to life imprisonment
 4269  must be incarcerated for the rest of their natural lives, unless
 4270  granted pardon or clemency.
 4271         b.If the offense is not a nonviolent felony, as defined in
 4272  s. 948.08(6), the prisoner is not eligible to earn any type of
 4273  gain-time in an amount that would cause a sentence to expire,
 4274  end, or terminate, or that would result in a prisoner’s release,
 4275  before he or she serves a minimum of 85 percent of the sentence
 4276  imposed. For purposes of this sub-subparagraph, credits awarded
 4277  by the court for time physically incarcerated must be credited
 4278  toward satisfaction of 85 percent of the sentence imposed. A
 4279  prisoner who is granted incentive gain-time pursuant to this
 4280  sub-subparagraph may not accumulate further gain-time awards at
 4281  any point when the tentative release date is the same as that
 4282  date at which the prisoner will have served 85 percent of the
 4283  sentence imposed. State prisoners sentenced to life imprisonment
 4284  must be incarcerated for the rest of their natural lives, unless
 4285  granted pardon or clemency.
 4286         (f)An inmate who is subject to subparagraph (b)3. is not
 4287  eligible to earn or receive gain-time under paragraph (a),
 4288  paragraph (b), paragraph (c), or paragraph (d) or any other type
 4289  of gain-time in an amount that would cause a sentence to expire,
 4290  end, or terminate, or that would result in a prisoner’s release,
 4291  prior to serving a minimum of 85 percent of the sentence
 4292  imposed. For purposes of this paragraph, credits awarded by the
 4293  court for time physically incarcerated shall be credited toward
 4294  satisfaction of 85 percent of the sentence imposed. Except as
 4295  provided by this section, a prisoner may not accumulate further
 4296  gain-time awards at any point when the tentative release date is
 4297  the same as that date at which the prisoner will have served 85
 4298  percent of the sentence imposed. State prisoners sentenced to
 4299  life imprisonment shall be incarcerated for the rest of their
 4300  natural lives, unless granted pardon or clemency.
 4301         Section 61. Subsection (2) of section 944.47, Florida
 4302  Statutes, is amended to read:
 4303         944.47 Introduction, removal, or possession of contraband
 4304  certain articles unlawful; penalty.—
 4305         (2)(a) A person who violates any provision of this section
 4306  as it pertains to an article of contraband described in
 4307  subparagraph (1)(a)1., subparagraph (1)(a)2., or subparagraph
 4308  (1)(a)6. commits a felony of the third degree, punishable as
 4309  provided in s. 775.082, s. 775.083, or s. 775.084. Otherwise In
 4310  all other cases, a violation of a provision of this section is
 4311  constitutes a felony of the second degree, punishable as
 4312  provided in s. 775.082, s. 775.083, or s. 775.084.
 4313         (b)A violation of this section by an employee, as defined
 4314  in s. 944.115(2)(b), who uses or attempts to use the powers,
 4315  rights, privileges, duties, or position of his or her employment
 4316  in the commission of the violation is ranked one level above the
 4317  ranking specified in s. 921.0022 or s. 921.0023 for the offense
 4318  committed.
 4319         Section 62. Section 944.704, Florida Statutes, is amended
 4320  to read:
 4321         944.704 Staff who provide transition assistance; duties.—
 4322         (1) The department shall provide a transition assistance
 4323  specialist at each of the major institutions.
 4324         (2)The department may increase the number of transition
 4325  assistance specialists in proportion to the number of inmates
 4326  served at each of the major institutions and may increase the
 4327  number of employment specialists per judicial circuit based on
 4328  the number of released inmates served under community
 4329  supervision in that circuit, subject to appropriations.
 4330         (3)The transition assistance specialists’ whose duties
 4331  include, but are not limited to:
 4332         (a)(1) Coordinating delivery of transition assistance
 4333  program services at the institution and at the community
 4334  correctional centers authorized pursuant to s. 945.091(1)(b).
 4335         (b)(2) Assisting in the development of each inmate’s
 4336  postrelease plan.
 4337         (c)(3) Obtaining job placement information. Such
 4338  information must include identifying any job assignment
 4339  credentialing or industry certifications for which the inmate is
 4340  eligible.
 4341         (d)(4) Providing a written medical discharge plan and
 4342  referral to a county health department.
 4343         (e)(5) For an inmate who is known to be HIV positive,
 4344  providing a 30-day supply of all HIV/AIDS-related medication
 4345  that the inmate is taking before prior to release, if required
 4346  under protocols of the Department of Corrections and treatment
 4347  guidelines of the United States Department of Health and Human
 4348  Services.
 4349         (f)(6) Facilitating placement in a private transition
 4350  housing program, if requested by any eligible inmate. If an
 4351  inmate who is nearing his or her date of release requests
 4352  placement in a contracted substance abuse transition housing
 4353  program, the transition assistance specialist shall inform the
 4354  inmate of program availability and assess the inmate’s need and
 4355  suitability for transition housing assistance. If an inmate is
 4356  approved for placement, the specialist shall assist the inmate
 4357  and coordinate the release of the inmate with the selected
 4358  program. If an inmate requests and is approved for placement in
 4359  a contracted faith-based substance abuse transition housing
 4360  program, the specialist must consult with the chaplain before
 4361  prior to such placement. In selecting inmates who are nearing
 4362  their date of release for placement in a faith-based program,
 4363  the department shall ensure that an inmate’s faith orientation,
 4364  or lack thereof, will not be considered in determining admission
 4365  to the program and that the program does not attempt to convert
 4366  an inmate toward a particular faith or religious preference.
 4367         (g)(7) Providing a photo identification card to all inmates
 4368  before prior to their release.
 4369         (4)A The transition assistance specialist may not be a
 4370  correctional officer or correctional probation officer as
 4371  defined in s. 943.10.
 4372         Section 63. Present subsections (3) through (6) of section
 4373  944.705, Florida Statutes, are redesignated as subsections (4)
 4374  through (7), respectively, and a new subsection (3) and
 4375  subsections (8) through (12) are added to that section, to read:
 4376         944.705 Release orientation program.—
 4377         (3)(a)The department shall establish a toll-free hotline
 4378  for the benefit of released inmates. The hotline shall provide
 4379  information to released inmates seeking to obtain post-release
 4380  referrals for community-based reentry services.
 4381         (b)Before an inmate’s release, the department shall
 4382  provide the inmate with a comprehensive community reentry
 4383  resource directory organized by county and which must include
 4384  the name, address, and a description of the services offered by
 4385  each reentry service provider. The directory must also include
 4386  the name, address, and telephone number of existing portals of
 4387  entry and the toll-free hotline number required by paragraph
 4388  (a).
 4389         (c)The department shall expand the use of the Spectrum
 4390  system to provide inmates and offenders with community-specific
 4391  reentry service provider referrals.
 4392         (8)A nonprofit faith-based or professional business, or a
 4393  civic or community organization, may apply for registration with
 4394  the department to provide inmate reentry services. Reentry
 4395  services include, but are not limited to, counseling; providing
 4396  information on housing and job placement; money management
 4397  assistance; and programs that address substance abuse, mental
 4398  health, or co-occurring conditions.
 4399         (9)The department shall adopt policies and procedures for
 4400  screening, approving, and registering an organization that
 4401  applies under subsection (8). The department may deny approval
 4402  and registration of an organization or a representative from an
 4403  organization if it determines that the organization or
 4404  representative does not meet the department’s policies and
 4405  procedures.
 4406         (10)The department may contract with a public or private
 4407  educational institution’s veteran advocacy clinic or veteran
 4408  legal clinic to assist qualified veteran inmates in applying for
 4409  veterans’ benefits upon release.
 4410         (11)The department may contract with public or private
 4411  organizations to establish transitional employment programs that
 4412  provide employment opportunities for released inmates.
 4413         (12)The department shall adopt rules to implement this
 4414  section.
 4415         Section 64. Present subsections (4), (5), and (6) of
 4416  section 944.801, Florida Statutes, are redesignated as
 4417  subsections (6), (7), and (8), respectively, and new subsections
 4418  (4) and (5) are added to that section, to read:
 4419         944.801 Education for state prisoners.—
 4420         (4)The department may expand the use of job assignment
 4421  credentialing and industry certifications.
 4422         (5)The Correctional Education Program may establish a
 4423  prison entrepreneurship program and adopt procedures for
 4424  admitting student inmates. If the department elects to develop
 4425  the program, it must include at least 180 days of in-prison
 4426  education. The program curriculum must include a component on
 4427  developing a business plan, procedures for graduation and
 4428  certification of successful student inmates, and at least 90
 4429  days of transitional and postrelease continuing educational
 4430  services. Transitional and postrelease continuing educational
 4431  services may be offered to graduate student inmates on a
 4432  voluntary basis and are not a requirement for completion of the
 4433  program. The department shall enter into agreements with public
 4434  or private colleges or universities or other nonprofit entities
 4435  to implement the program. The program must be funded with
 4436  existing resources.
 4437         Section 65. Subsection (1) of section 948.001, Florida
 4438  Statutes, is amended to read:
 4439         948.001 Definitions.—As used in this chapter, the term:
 4440         (1) “Administrative probation” means a form of no contact,
 4441  nonreporting supervision that may be imposed by order of the
 4442  court or transfer by the Department of Corrections as provided
 4443  in s. 948.013 in which an offender who presents a low risk of
 4444  harm to the community may, upon satisfactory completion of half
 4445  the term of probation, be transferred by the Department of
 4446  Corrections to this type of reduced level of supervision, as
 4447  provided in s. 948.013.
 4448         Section 66. Subsection (1) of section 948.013, Florida
 4449  Statutes, is amended to read:
 4450         948.013 Administrative probation.—
 4451         (1) The Department of Corrections may transfer an offender
 4452  to administrative probation if he or she presents a low risk of
 4453  harm to the community and has satisfactorily completed at least
 4454  half of his or her probation term. The department of Corrections
 4455  may establish procedures for transferring an offender to
 4456  administrative probation. The department may collect an initial
 4457  processing fee of up to $50 for each probationer transferred to
 4458  administrative probation. The offender is exempt from further
 4459  payment for the cost of supervision as required in s. 948.09.
 4460         Section 67. Subsection (3) is added to section 948.03,
 4461  Florida Statutes, to read:
 4462         948.03 Terms and conditions of probation.—
 4463         (3)The Department of Corrections shall include in the
 4464  Florida Crime Information Center system all conditions of
 4465  probation as determined by the court for each probationer.
 4466         Section 68. Subsections (4), (5), and (6) are added to
 4467  section 948.04, Florida Statutes, to read:
 4468         948.04 Period of probation; duty of probationer; early
 4469  termination; conversion of term.—
 4470         (4)Except as provided in subsection (5), for defendants
 4471  sentenced to probation on or after October 1, 2019, the court,
 4472  upon motion by the probationer or the probation officer, shall
 4473  either early terminate the probationer’s supervision or convert
 4474  the supervisory term to administrative probation if all of the
 4475  following requirements are met:
 4476         (a)The probationer has completed at least half of the term
 4477  of probation to which he or she was sentenced.
 4478         (b)The probationer has successfully completed all other
 4479  conditions of probation.
 4480         (c)The court has not found the probationer in violation of
 4481  probation pursuant to a filed affidavit of violation of
 4482  probation at any point during the current supervisory term.
 4483         (d)The parties did not specifically exclude the
 4484  possibility of early termination or conversion to administrative
 4485  probation as part of a negotiated sentence.
 4486         (e)The probationer does not qualify as a violent felony
 4487  offender of special concern under s. 948.06(8)(b).
 4488         (5)Upon making written findings that continued reporting
 4489  probation is necessary to protect the community or the interests
 4490  of justice, the court may decline to early terminate the
 4491  probationary term or convert the term to administrative
 4492  probation for a probationer who is otherwise eligible under
 4493  subsection (4).
 4494         (6)Subsections (4) and (5) do not apply to an offender on
 4495  community control. If an offender on community control is
 4496  subsequently placed on probation, he or she must complete half
 4497  of the probationary term to which he or she was sentenced,
 4498  without receiving credit for time served on community control,
 4499  before being eligible for mandatory early termination or
 4500  conversion to administrative probation under this section.
 4501         Section 69. Section 948.05, Florida Statutes, is amended to
 4502  read:
 4503         948.05 Court to admonish or commend probationer or offender
 4504  in community control; graduated incentives.—
 4505         (1) A court may at any time cause a probationer or offender
 4506  in community control to appear before it to be admonished or
 4507  commended, and, when satisfied that its action will be for the
 4508  best interests of justice and the welfare of society, it may
 4509  discharge the probationer or offender in community control from
 4510  further supervision.
 4511         (2)The department shall implement a system of graduated
 4512  incentives to promote compliance with the terms of supervision
 4513  and prioritize the highest levels of supervision for offenders
 4514  presenting the greatest risk of recidivism.
 4515         (a)As part of the graduated incentives system, the
 4516  department may, without leave of court, offer the following
 4517  incentives to a compliant probationer or offender in community
 4518  control:
 4519         1.Up to 25 percent reduction of required community service
 4520  hours;
 4521         2.Waiver of supervision fees;
 4522         3.Reduction in frequency of reporting;
 4523         4.Permission to report by mail or telephone; or
 4524         5.Transfer of an eligible offender to administrative
 4525  probation as authorized under s. 948.013.
 4526         (b)The department may also incentivize positive behavior
 4527  and compliance with recommendations to the court to modify the
 4528  terms of supervision, including recommending:
 4529         1.Permission to travel;
 4530         2.Reduction of supervision type;
 4531         3.Modification or cessation of curfew;
 4532         4.Reduction or cessation of substance abuse testing; or
 4533         5.Early termination of supervision.
 4534         (c)An offender who commits a subsequent violation of
 4535  probation may forfeit any previously earned probation incentive,
 4536  as determined appropriate by his or her probation officer.
 4537         Section 70. Present paragraphs (c) through (g) of
 4538  subsection (1) of section 948.06, Florida Statutes, are
 4539  redesignated as paragraphs (d) through (h), respectively, a new
 4540  paragraph (c) is added to that subsection, and present paragraph
 4541  (h) of that subsection is amended, present paragraphs (f)
 4542  through (j) of subsection (2) are redesignated as paragraphs (g)
 4543  through (k), respectively, and a new paragraph (f) is added to
 4544  that subsection, and subsection (9) is added to that section, to
 4545  read:
 4546         948.06 Violation of probation or community control;
 4547  revocation; modification; continuance; failure to pay
 4548  restitution or cost of supervision.—
 4549         (1)
 4550         (c)If a probationer or offender on community control
 4551  commits a technical violation, the probation officer shall
 4552  determine whether the probationer or offender on community
 4553  control is eligible for the alternative sanctioning program
 4554  under subsection (9). If the probation officer determines that
 4555  the probationer or offender on community control is eligible,
 4556  the probation officer may proceed with the alternative
 4557  sanctioning program in lieu of filing an affidavit of violation
 4558  with the court. For purposes of this section, the term
 4559  “technical violation” means an alleged violation of supervision
 4560  that is not a new felony offense, misdemeanor offense, or
 4561  criminal traffic offense.
 4562         (h)1.The chief judge of each judicial circuit, in
 4563  consultation with the state attorney, the public defender, and
 4564  the department, may establish an alternative sanctioning program
 4565  in which the department, after receiving court approval, may
 4566  enforce specified sanctions for certain technical violations of
 4567  supervision. For purposes of this paragraph, the term “technical
 4568  violation” means any alleged violation of supervision that is
 4569  not a new felony offense, misdemeanor offense, or criminal
 4570  traffic offense.
 4571         2.To establish an alternative sanctioning program, the
 4572  chief judge must issue an administrative order specifying:
 4573         a.Eligibility criteria.
 4574         b.The technical violations that are eligible for the
 4575  program.
 4576         c.The sanctions that may be recommended by a probation
 4577  officer for each technical violation.
 4578         d.The process for reporting technical violations through
 4579  the alternative sanctioning program, including approved forms.
 4580         3.If an offender is alleged to have committed a technical
 4581  violation of supervision that is eligible for the program, the
 4582  offender may:
 4583         a.Waive participation in the alternative sanctioning
 4584  program, in which case the probation officer may submit a
 4585  violation report, affidavit, and warrant to the court in
 4586  accordance with this section; or
 4587         b.Elect to participate in the alternative sanctioning
 4588  program after receiving written notice of an alleged technical
 4589  violation and a disclosure of the evidence against the offender,
 4590  admit to the technical violation, agree to comply with the
 4591  probation officer’s recommended sanction if subsequently ordered
 4592  by the court, and agree to waive the right to:
 4593         (I)Be represented by legal counsel.
 4594         (II)Require the state to prove his or her guilt before a
 4595  neutral and detached hearing body.
 4596         (III)Subpoena witnesses and present to a judge evidence in
 4597  his or her defense.
 4598         (IV)Confront and cross-examine adverse witnesses.
 4599         (V)Receive a written statement from a factfinder as to the
 4600  evidence relied on and the reasons for the sanction imposed.
 4601         4.If the offender admits to committing the technical
 4602  violation and agrees with the probation officer’s recommended
 4603  sanction, the probation officer must, before imposing the
 4604  sanction, submit the recommended sanction to the court as well
 4605  as documentation reflecting the offender’s admission to the
 4606  technical violation and agreement with the recommended sanction.
 4607         5.The court may impose the recommended sanction or may
 4608  direct the department to submit a violation report, affidavit,
 4609  and warrant to the court in accordance with this section.
 4610         6.An offender’s participation in an alternative
 4611  sanctioning program is voluntary. The offender may elect to
 4612  waive or discontinue participation in an alternative sanctioning
 4613  program at any time before the issuance of a court order
 4614  imposing the recommended sanction.
 4615         7.If an offender waives or discontinues participation in
 4616  an alternative sanctioning program, the probation officer may
 4617  submit a violation report, affidavit, and warrant to the court
 4618  in accordance with this section. The offender’s prior admission
 4619  to the technical violation may not be used as evidence in
 4620  subsequent proceedings.
 4621         (2)
 4622         (f)1.Except as provided in subparagraph 3. or upon waiver
 4623  by the probationer, the court shall modify or continue a
 4624  probationary term upon finding a probationer in violation when
 4625  any of the following applies:
 4626         a.The term of supervision is probation.
 4627         b.The probationer does not qualify as a violent felony
 4628  offender of special concern, as defined in paragraph (8)(b).
 4629         c.The violation is a low-risk technical violation, as
 4630  defined in paragraph (9)(b).
 4631         d.The court has not previously found the probationer in
 4632  violation of his or her probation pursuant to a filed violation
 4633  of probation affidavit during the current term of supervision. A
 4634  probationer who has successfully completed sanctions through the
 4635  alternative sanctioning program is eligible for mandatory
 4636  modification or continuation of his or her probation.
 4637         2.Upon modifying probation under subparagraph 1., the
 4638  court may include in the sentence a maximum of 90 days in county
 4639  jail as a special condition of probation.
 4640         3.Notwithstanding s. 921.0024, if a probationer has less
 4641  than 90 days of supervision remaining on his or her term of
 4642  probation and meets the criteria for mandatory modification or
 4643  continuation in subparagraph 1., the court may revoke probation
 4644  and sentence the probationer to a maximum of 90 days in county
 4645  jail.
 4646         4.For purposes of imposing a jail sentence under this
 4647  paragraph only, the court may grant credit only for time served
 4648  in the county jail since the probationer’s most recent arrest
 4649  for the violation. However, the court may not order the
 4650  probationer to a total term of incarceration greater than the
 4651  maximum provided by s. 775.082.
 4652         (9)(a)Each judicial circuit shall establish an alternative
 4653  sanctioning program as provided in this subsection. The chief
 4654  judge of each judicial circuit may, by administrative order,
 4655  define additional sanctions or eligibility criteria and specify
 4656  the process for reporting technical violations through the
 4657  alternative sanctioning program. Any sanctions recommended for
 4658  imposition through an alternative sanctions program must be
 4659  submitted to the court by the probation officer for approval
 4660  before imposing the sanction.
 4661         (b)As used in this subsection, the term “low-risk
 4662  violation,” when committed by a probationer, means any of the
 4663  following:
 4664         1.A positive drug or alcohol test result.
 4665         2.Failure to report to the probation office.
 4666         3.Failure to report a change in address or other required
 4667  information.
 4668         4.Failure to attend a required class, treatment or
 4669  counseling session, or meeting.
 4670         5.Failure to submit to a drug or alcohol test.
 4671         6.A violation of curfew.
 4672         7.Failure to meet a monthly quota on any required
 4673  probation condition, including, but not limited to, making
 4674  restitution payments, paying court costs, or completing
 4675  community service hours.
 4676         8.Leaving the county without permission.
 4677         9.Failure to report a change in employment.
 4678         10.Associating with a person engaged in criminal activity.
 4679         11.Any other violation as determined by administrative
 4680  order of the chief judge of the circuit.
 4681         (c)As used in this subsection, the term “moderate-risk
 4682  violation” means any of the following:
 4683         1.A violation identified in paragraph (b), when committed
 4684  by an offender on community control.
 4685         2.Failure to remain at an approved residence by an
 4686  offender on community control.
 4687         3.A third violation identified in paragraph (b) by a
 4688  probationer within the current term of supervision.
 4689         4.Any other violation as determined by administrative
 4690  order of the chief judge of the circuit.
 4691         (d)A probationer or offender on community control is not
 4692  eligible for an alternative sanction if:
 4693         1.He or she is a violent felony offender of special
 4694  concern as defined in paragraph (8)(b);
 4695         2.The violation is a felony, misdemeanor, or criminal
 4696  traffic offense;
 4697         3.The violation is absconding;
 4698         4.The violation is of a stay-away order or no-contact
 4699  order;
 4700         5.The violation is not identified as low-risk or moderate
 4701  risk under this subsection or by administrative order;
 4702         6.He or she has a prior moderate-risk level violation
 4703  during the current term of supervision;
 4704         7.He or she has three prior low-risk level violations
 4705  during the same term of supervision;
 4706         8.The term of supervision is scheduled to terminate in
 4707  less than 90 days; or
 4708         9.The terms of the sentence prohibit alternative
 4709  sanctioning.
 4710         (e)For a first or second low-risk violation, as defined in
 4711  paragraph (b), within the current term of supervision, a
 4712  probation officer may offer an eligible probationer one or more
 4713  of the following as an alternative sanction:
 4714         1.Up to 5 days in the county jail.
 4715         2.Up to 50 additional community service hours.
 4716         3.Counseling or treatment.
 4717         4.Support group attendance.
 4718         5.Drug testing.
 4719         6.Loss of travel or other privileges.
 4720         7.Curfew for up to 30 days.
 4721         8.House arrest for up to 30 days.
 4722         9.a.Any other sanction as determined by administrative
 4723  order of the chief judge of the circuit.
 4724         b.However, in no circumstance shall participation in an
 4725  alternative sanctioning program convert a withheld adjudication
 4726  to an adjudication of guilt.
 4727         (f)For a first moderate-risk violation, as defined in
 4728  paragraph (c), within the current term of supervision, a
 4729  probation officer, with a supervisor’s approval, may offer an
 4730  eligible probationer or offender on community control one or
 4731  more of the following as an alternative sanction:
 4732         1.Up to 21 days in the county jail.
 4733         2.Curfew for up to 90 days.
 4734         3.House arrest for up to 90 days.
 4735         4.Electronic monitoring for up to 90 days.
 4736         5.Residential treatment for up to 90 days.
 4737         6.Any other sanction available for a low-risk violation.
 4738         7.a.Any other sanction as determined by administrative
 4739  order of the chief judge of the circuit.
 4740         b.However, in no circumstance shall participation in an
 4741  alternative sanctioning program convert a withheld adjudication
 4742  to an adjudication of guilt.
 4743         (g)The participation of a probationer or an offender on
 4744  community control in the program is voluntary. The probationer
 4745  or offender on community control may waive or discontinue
 4746  participation in the program at any time before the court
 4747  imposes a recommended sanction.
 4748         (h)1.If a probationer or offender on community control is
 4749  eligible for the alternative sanctioning program under this
 4750  subsection, he or she may:
 4751         a.Waive participation in the program, in which case the
 4752  probation officer may submit a violation report, affidavit, and
 4753  warrant to the court; or
 4754         b.Elect to participate in the program after receiving
 4755  written notice of an alleged technical violation and disclosure
 4756  of the evidence against him or her, and admit the technical
 4757  violation, agree to comply with the probation officer’s
 4758  recommended sanction if subsequently ordered by the court, and
 4759  agree to waive the right to:
 4760         (I)Be represented by legal counsel.
 4761         (II)Require the state to prove his or her guilt before a
 4762  neutral and detached hearing body.
 4763         (III)Subpoena witnesses and present to a judge evidence in
 4764  his or her defense.
 4765         (IV)Confront and cross-examine adverse witnesses.
 4766         (V)Receive a written statement from a judge as to the
 4767  evidence relied on and the reasons for the sanction imposed.
 4768         2.If the probationer or offender on community control
 4769  admits to committing the technical violation and agrees with the
 4770  probation officer’s recommended sanction, the probation officer
 4771  must, before imposing the sanction, submit the recommended
 4772  sanction to the court with documentation reflecting the
 4773  probationer’s admission to the technical violation and agreement
 4774  with the recommended sanction.
 4775         (i)The court may impose the recommended sanction or direct
 4776  the department to submit a violation report, affidavit, and
 4777  warrant to the court.
 4778         (j)If a probationer or offender on community control
 4779  waives or discontinues participation in the program or fails to
 4780  successfully complete all alternative sanctions within 90 days
 4781  after imposition or within the timeframe specified in the
 4782  agreed-upon sanction, the probation officer may submit a
 4783  violation report, affidavit, and warrant to the court. A prior
 4784  admission by the probationer or offender on community control to
 4785  a technical violation may not be used as evidence in subsequent
 4786  proceedings.
 4787         Section 71. Subsection (6) and paragraph (a) of subsection
 4788  (7) of section 948.08, Florida Statutes, are amended to read:
 4789         948.08 Pretrial intervention program.—
 4790         (6)(a) For purposes of this subsection, the term
 4791  “nonviolent felony” means a third degree felony violation of
 4792  chapter 810 or any other felony offense that is not a forcible
 4793  felony as defined in s. 776.08.
 4794         (b) Notwithstanding any provision of this section, a person
 4795  who is charged with a nonviolent felony and is identified as
 4796  having a substance abuse problem or is charged with a felony of
 4797  the second or third degree for purchase or possession of a
 4798  controlled substance under chapter 893, prostitution, tampering
 4799  with evidence, solicitation for purchase of a controlled
 4800  substance, or obtaining a prescription by fraud; who has not
 4801  been charged with a crime involving violence, including, but not
 4802  limited to, murder, sexual battery, robbery, carjacking, home
 4803  invasion robbery, or any other crime involving violence; and who
 4804  has not previously been convicted of a felony is eligible for
 4805  voluntary admission into a pretrial substance abuse education
 4806  and treatment intervention program, including a treatment-based
 4807  drug court program established pursuant to s. 397.334, approved
 4808  by the chief judge of the circuit, for a period of not less than
 4809  1 year in duration, if he or she:
 4810         1.Is identified as having a substance abuse problem and is
 4811  amenable to treatment.
 4812         2.Is charged with a nonviolent felony.
 4813         3.Has never been charged with a crime involving violence,
 4814  including, but not limited to, murder, sexual battery, robbery,
 4815  carjacking, home-invasion robbery, or any other crime involving
 4816  violence.
 4817         4.Has two or fewer felony convictions, provided that the
 4818  prior convictions are for nonviolent felonies.
 4819         (c) Upon motion of either party or the court’s own motion,
 4820  and with the agreement of the defendant, the court shall admit
 4821  an eligible person into a pretrial substance abuse education and
 4822  treatment intervention program, except:
 4823         1. If a defendant was previously offered admission to a
 4824  pretrial substance abuse education and treatment intervention
 4825  program at any time before prior to trial and the defendant
 4826  rejected that offer on the record, then the court or the state
 4827  attorney may deny the defendant’s admission to such a program.
 4828         2. If the state attorney believes that the facts and
 4829  circumstances of the case suggest the defendant’s involvement in
 4830  the dealing and selling of controlled substances, the court
 4831  shall hold a preadmission hearing. If the state attorney
 4832  establishes, by a preponderance of the evidence at such hearing,
 4833  that the defendant was involved in the dealing or selling of
 4834  controlled substances, the court shall deny the defendant’s
 4835  admission into a pretrial intervention program.
 4836         3.If the defendant has two or fewer prior felony
 4837  convictions as provided in subparagraph (b)4., the court, in its
 4838  discretion, may deny admission to such a program.
 4839         (d)(b) While enrolled in a pretrial intervention program
 4840  authorized by this subsection, the participant is subject to a
 4841  coordinated strategy developed by a drug court team under s.
 4842  397.334(4). The coordinated strategy may include a protocol of
 4843  sanctions that may be imposed upon the participant for
 4844  noncompliance with program rules. The protocol of sanctions may
 4845  include, but is not limited to, placement in a substance abuse
 4846  treatment program offered by a licensed service provider as
 4847  defined in s. 397.311 or in a jail-based treatment program or
 4848  serving a period of incarceration within the time limits
 4849  established for contempt of court. The coordinated strategy must
 4850  be provided in writing to the participant before the participant
 4851  agrees to enter into a pretrial treatment-based drug court
 4852  program or other pretrial intervention program. Any person whose
 4853  charges are dismissed after successful completion of the
 4854  treatment-based drug court program, if otherwise eligible, may
 4855  have his or her arrest record and plea of nolo contendere to the
 4856  dismissed charges expunged under s. 943.0585.
 4857         (e)(c) At the end of the pretrial intervention period, the
 4858  court shall consider the recommendation of the administrator
 4859  pursuant to subsection (5) and the recommendation of the state
 4860  attorney as to disposition of the pending charges. The court
 4861  shall determine, by written finding, whether the defendant has
 4862  successfully completed the pretrial intervention program.
 4863  Notwithstanding the coordinated strategy developed by a drug
 4864  court team pursuant to s. 397.334(4), if the court finds that
 4865  the defendant has not successfully completed the pretrial
 4866  intervention program, the court may order the person to continue
 4867  in education and treatment, which may include substance abuse
 4868  treatment programs offered by licensed service providers as
 4869  defined in s. 397.311 or jail-based treatment programs, or order
 4870  that the charges revert to normal channels for prosecution. The
 4871  court shall dismiss the charges upon a finding that the
 4872  defendant has successfully completed the pretrial intervention
 4873  program.
 4874         (f)(d) Any entity, whether public or private, providing a
 4875  pretrial substance abuse education and treatment intervention
 4876  program under this subsection must contract with the county or
 4877  appropriate governmental entity, and the terms of the contract
 4878  must include, but need not be limited to, the requirements
 4879  established for private entities under s. 948.15(3).
 4880         (7)(a) Notwithstanding any provision of this section, a
 4881  person who is charged with a felony, other than a felony listed
 4882  in s. 948.06(8)(c), and identified as a veteran, as defined in
 4883  s. 1.01, including a veteran who is discharged or released under
 4884  a general discharge, or servicemember, as defined in s. 250.01;
 4885  an individual who is a current or former United States
 4886  Department of Defense contractor; or an individual who is a
 4887  current or former military member of a foreign allied country,
 4888  who suffers from a military service-related mental illness,
 4889  traumatic brain injury, substance abuse disorder, or
 4890  psychological problem, is eligible for voluntary admission into
 4891  a pretrial veterans’ treatment intervention program approved by
 4892  the chief judge of the circuit, upon motion of either party or
 4893  the court’s own motion, except:
 4894         1. If a defendant was previously offered admission to a
 4895  pretrial veterans’ treatment intervention program at any time
 4896  before trial and the defendant rejected that offer on the
 4897  record, the court may deny the defendant’s admission to such a
 4898  program.
 4899         2. If a defendant previously entered a court-ordered
 4900  veterans’ treatment program, the court may deny the defendant’s
 4901  admission into the pretrial veterans’ treatment program.
 4902         Section 72. Section 948.081, Florida Statutes, is created
 4903  to read:
 4904         948.081Community court programs.—
 4905         (1)Each judicial circuit may establish a community court
 4906  program for defendants charged with certain misdemeanor
 4907  offenses. Each community court shall, at a minimum:
 4908         (a)Adopt a nonadversarial approach.
 4909         (b)Establish an advisory committee to recommend solutions
 4910  and sanctions in each case.
 4911         (c)Provide for judicial leadership and interaction.
 4912         (d)In each particular case, consider the needs of the
 4913  victim, consider individualized treatment services for the
 4914  defendant, and monitor the defendant’s compliance.
 4915         (2)The chief judge of the judicial circuit, by
 4916  administrative order, shall specify each misdemeanor offense
 4917  eligible for the community court program. In making such
 4918  determination, the chief judge shall consider the particular
 4919  needs and concerns of the communities within the judicial
 4920  circuit.
 4921         (3)A defendant’s entry into any community court program
 4922  must be voluntary.
 4923         (4)The chief judge shall appoint a community court
 4924  resource coordinator, who shall:
 4925         (a)Coordinate the responsibilities of the participating
 4926  agencies and service providers.
 4927         (b)Provide case management services.
 4928         (c)Monitor compliance by defendants with court
 4929  requirements.
 4930         (d)Manage the collection of data for program evaluation
 4931  and accountability.
 4932         (5)The chief judge of the judicial circuit shall appoint
 4933  members to an advisory committee for each community court. The
 4934  members of the advisory committee must include, at a minimum:
 4935         (a)The chief judge or a community court judge designated
 4936  by the chief judge, who shall serve as chair.
 4937         (b)The state attorney or his or her designee.
 4938         (c)The public defender or his or her designee.
 4939         (d)The community court resource coordinator.
 4940  
 4941  The committee may also include community stakeholders, treatment
 4942  representatives, and other persons the chair deems appropriate.
 4943         (6)The advisory committee shall review each defendant’s
 4944  case. Each committee member may make recommendations to the
 4945  judge, including appropriate sanctions and treatment solutions
 4946  for the defendant. The judge shall consider such recommendations
 4947  and make the final decision concerning sanctions and treatment
 4948  with respect to each defendant.
 4949         (7)Each judicial circuit shall report client-level and
 4950  programmatic data to the Office of the State Courts
 4951  Administrator annually for program evaluation. Client-level data
 4952  include primary offenses resulting in the community court
 4953  referral or sentence, treatment compliance, completion status,
 4954  reasons for failing to complete the program, offenses committed
 4955  during treatment and sanctions imposed, frequency of court
 4956  appearances, and units of service. Programmatic data include
 4957  referral and screening procedures, eligibility criteria, type
 4958  and duration of treatment offered, and residential treatment
 4959  resources.
 4960         (8)The Department of Corrections, the Department of
 4961  Juvenile Justice, the Department of Health, the Department of
 4962  Law Enforcement, the Department of Education, law enforcement
 4963  agencies, and other governmental entities involved in the
 4964  criminal justice system shall support such community court
 4965  programs.
 4966         (9)Community court program funding must be secured from
 4967  sources other than the state for costs not assumed by the state
 4968  under s. 29.004. However, this subsection does not preclude the
 4969  use of funds provided for treatment and other services through
 4970  state executive branch agencies.
 4971         Section 73. Paragraph (a) of subsection (2) of section
 4972  948.16, Florida Statutes, is amended to read:
 4973         948.16 Misdemeanor pretrial substance abuse education and
 4974  treatment intervention program; misdemeanor pretrial veterans’
 4975  treatment intervention program; misdemeanor pretrial mental
 4976  health court program.—
 4977         (2)(a) A veteran, as defined in s. 1.01, including a
 4978  veteran who is discharged or released under a general discharge,
 4979  or servicemember, as defined in s. 250.01; an individual who is
 4980  a current or former United States Department of Defense
 4981  contractor; or an individual who is a current or former military
 4982  member of a foreign allied country, who suffers from a military
 4983  service-related mental illness, traumatic brain injury,
 4984  substance abuse disorder, or psychological problem, and who is
 4985  charged with a misdemeanor is eligible for voluntary admission
 4986  into a misdemeanor pretrial veterans’ treatment intervention
 4987  program approved by the chief judge of the circuit, for a period
 4988  based on the program’s requirements and the treatment plan for
 4989  the offender, upon motion of either party or the court’s own
 4990  motion. However, the court may deny the defendant admission into
 4991  a misdemeanor pretrial veterans’ treatment intervention program
 4992  if the defendant has previously entered a court-ordered
 4993  veterans’ treatment program.
 4994         Section 74. Subsection (2) of section 948.21, Florida
 4995  Statutes, is amended to read:
 4996         948.21 Condition of probation or community control;
 4997  military servicemembers, and veterans, and others.—
 4998         (2) Effective for a probationer or community controllee
 4999  whose crime is committed on or after July 1, 2016, and who is a
 5000  veteran, as defined in s. 1.01, including a veteran who is
 5001  discharged or released under a general discharge, or
 5002  servicemember, as defined in s. 250.01; an individual who is a
 5003  current or former United States Department of Defense
 5004  contractor; or an individual who is a current or former military
 5005  member of a foreign allied country, who suffers from a military
 5006  service-related mental illness, traumatic brain injury,
 5007  substance abuse disorder, or psychological problem, the court
 5008  may, in addition to any other conditions imposed, impose a
 5009  condition requiring the probationer or community controllee to
 5010  participate in a treatment program capable of treating the
 5011  probationer or community controllee’s mental illness, traumatic
 5012  brain injury, substance abuse disorder, or psychological
 5013  problem.
 5014         Section 75. Section 951.22, Florida Statutes, is amended to
 5015  read:
 5016         951.22 County detention facilities; contraband articles.—
 5017         (1) It is unlawful, except through regular channels as duly
 5018  authorized by the sheriff or officer in charge, to introduce
 5019  into or possess upon the grounds of any county detention
 5020  facility as defined in s. 951.23 or to give to or receive from
 5021  any inmate of any such facility wherever said inmate is located
 5022  at the time or to take or to attempt to take or send therefrom
 5023  any of the following articles, which are hereby declared to be
 5024  contraband:
 5025         (a)for the purposes of this act, to wit: Any written or
 5026  recorded communication.;
 5027         (b) Any currency or coin.;
 5028         (c) Any article of food or clothing.;
 5029         (d) Any tobacco products as defined in s. 210.25(12).;
 5030         (e) Any cigarette as defined in s. 210.01(1).;
 5031         (f) Any cigar.;
 5032         (g) Any intoxicating beverage or beverage that which causes
 5033  or may cause an intoxicating effect.;
 5034         (h) Any narcotic, hypnotic, or excitative drug or drug of
 5035  any kind or nature, including nasal inhalators, sleeping pills,
 5036  barbiturates, and controlled substances as defined in s.
 5037  893.02(4).;
 5038         (i) Any firearm or any instrumentality customarily used or
 5039  which is intended to be used as a dangerous weapon.; and
 5040         (j) Any instrumentality of any nature which that may be or
 5041  is intended to be used as an aid in effecting or attempting to
 5042  effect an escape from a county facility.
 5043         (k)Any cellular telephone or other portable communication
 5044  device as described in s. 944.47(1)(a)6. The term does not
 5045  include any device that has communication capabilities which has
 5046  been approved or issued by the sheriff or officer in charge for
 5047  investigative or institutional security purposes or for
 5048  conducting other official business.
 5049         (2) A person who Whoever violates paragraph (1)(a),
 5050  paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph
 5051  (1)(e), paragraph (1)(f), or paragraph (1)(g) commits a
 5052  misdemeanor of the first degree, punishable as provided in s.
 5053  775.082 or s. 775.083. A person who violates paragraph (1)(h),
 5054  paragraph (1)(i), paragraph (1)(j), or paragraph (1)(k) commits
 5055  subsection (1) shall be guilty of a felony of the third degree,
 5056  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 5057         Section 76. Subsection (1) of section 958.04, Florida
 5058  Statutes, is amended to read:
 5059         958.04 Judicial disposition of youthful offenders.—
 5060         (1) The court may sentence as a youthful offender any
 5061  person:
 5062         (a) Who is at least 18 years of age or who has been
 5063  transferred for prosecution to the criminal division of the
 5064  circuit court pursuant to chapter 985;
 5065         (b) Who is found guilty of or who has tendered, and the
 5066  court has accepted, a plea of nolo contendere or guilty to a
 5067  crime that is, under the laws of this state, a felony if such
 5068  crime was committed before the defendant turned 21 years of age
 5069  the offender is younger than 21 years of age at the time
 5070  sentence is imposed; and
 5071         (c) Who has not previously been classified as a youthful
 5072  offender under the provisions of this act; however, a person who
 5073  has been found guilty of a capital or life felony may not be
 5074  sentenced as a youthful offender under this act.
 5075  
 5076         Section 77. Paragraphs (a) and (b) of subsection (2) and
 5077  paragraph (a) of subsection (3) of section 960.003, Florida
 5078  Statutes, are amended to read:
 5079         960.003 Hepatitis and HIV testing for persons charged with
 5080  or alleged by petition for delinquency to have committed certain
 5081  offenses; disclosure of results to victims.—
 5082         (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
 5083  FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.—
 5084         (a) In any case in which a person has been charged by
 5085  information or indictment with or alleged by petition for
 5086  delinquency to have committed any offense enumerated in s.
 5087  775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n), which involves the
 5088  transmission of body fluids from one person to another, upon
 5089  request of the victim or the victim’s legal guardian, or of the
 5090  parent or legal guardian of the victim if the victim is a minor,
 5091  the court shall order such person to undergo hepatitis and HIV
 5092  testing within 48 hours after the information, indictment, or
 5093  petition for delinquency is filed. In the event the victim or,
 5094  if the victim is a minor, the victim’s parent or legal guardian
 5095  requests hepatitis and HIV testing after 48 hours have elapsed
 5096  from the filing of the indictment, information, or petition for
 5097  delinquency, the testing shall be done within 48 hours after the
 5098  request.
 5099         (b) However, when a victim of any sexual offense enumerated
 5100  in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n) is under the age
 5101  of 18 at the time the offense was committed or when a victim of
 5102  any sexual offense enumerated in s. 775.0877(1)(a)-(m) s.
 5103  775.0877(1)(a)-(n) or s. 825.1025 is a disabled adult or elderly
 5104  person as defined in s. 825.1025 regardless of whether the
 5105  offense involves the transmission of bodily fluids from one
 5106  person to another, then upon the request of the victim or the
 5107  victim’s legal guardian, or of the parent or legal guardian, the
 5108  court shall order such person to undergo hepatitis and HIV
 5109  testing within 48 hours after the information, indictment, or
 5110  petition for delinquency is filed. In the event the victim or,
 5111  if the victim is a minor, the victim’s parent or legal guardian
 5112  requests hepatitis and HIV testing after 48 hours have elapsed
 5113  from the filing of the indictment, information, or petition for
 5114  delinquency, the testing shall be done within 48 hours after the
 5115  request. The testing shall be performed under the direction of
 5116  the Department of Health in accordance with s. 381.004. The
 5117  results of a hepatitis and HIV test performed on a defendant or
 5118  juvenile offender pursuant to this subsection shall not be
 5119  admissible in any criminal or juvenile proceeding arising out of
 5120  the alleged offense.
 5121         (3) DISCLOSURE OF RESULTS.—
 5122         (a) The results of the test shall be disclosed no later
 5123  than 2 weeks after the court receives such results, under the
 5124  direction of the Department of Health, to the person charged
 5125  with or alleged by petition for delinquency to have committed or
 5126  to the person convicted of or adjudicated delinquent for any
 5127  offense enumerated in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)
 5128  (n), which involves the transmission of body fluids from one
 5129  person to another, and, upon request, to the victim or the
 5130  victim’s legal guardian, or the parent or legal guardian of the
 5131  victim if the victim is a minor, and to public health agencies
 5132  pursuant to s. 775.0877. If the alleged offender is a juvenile,
 5133  the test results shall also be disclosed to the parent or
 5134  guardian. When the victim is a victim as described in paragraph
 5135  (2)(b), the test results must also be disclosed no later than 2
 5136  weeks after the court receives such results, to the person
 5137  charged with or alleged by petition for delinquency to have
 5138  committed or to the person convicted of or adjudicated
 5139  delinquent for any offense enumerated in s. 775.0877(1)(a)-(m)
 5140  s. 775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
 5141  offense involves the transmission of bodily fluids from one
 5142  person to another, and, upon request, to the victim or the
 5143  victim’s legal guardian, or the parent or legal guardian of the
 5144  victim, and to public health agencies pursuant to s. 775.0877.
 5145  Otherwise, hepatitis and HIV test results obtained pursuant to
 5146  this section are confidential and exempt from the provisions of
 5147  s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
 5148  shall not be disclosed to any other person except as expressly
 5149  authorized by law or court order.
 5150         Section 78. Subsections (2), (3), and (4) of section
 5151  960.07, Florida Statutes, are amended to read:
 5152         960.07 Filing of claims for compensation.—
 5153         (2) Except as provided in subsection (3), a claim must be
 5154  filed not later than 5 years 1 year after:
 5155         (a) The occurrence of the crime upon which the claim is
 5156  based.
 5157         (b) The death of the victim or intervenor.
 5158         (c) The death of the victim or intervenor is determined to
 5159  be the result of a crime, and the crime occurred after June 30,
 5160  1994.
 5161  
 5162  However, for good cause the department may extend the time for
 5163  filing for a period not exceeding 7 2 years after such
 5164  occurrence.
 5165         (3) Notwithstanding the provisions of subsection (2) and
 5166  regardless of when the crime occurred, if the victim or
 5167  intervenor was under the age of 18 at the time the crime upon
 5168  which the claim is based occurred, a claim may be filed in
 5169  accordance with this subsection.
 5170         (a) The victim’s or intervenor’s parent or guardian may
 5171  file a claim on behalf of the victim or intervenor while the
 5172  victim or intervenor is less than 18 years of age; or
 5173         (b) When a victim or intervenor who was under the age of 18
 5174  at the time the crime occurred reaches the age of 18, the victim
 5175  or intervenor has 5 years 1 year within which to file a claim.
 5176  
 5177  For good cause, the department may extend the time period
 5178  allowed for filing a claim under paragraph (b) for an additional
 5179  period not to exceed 2 years 1 year.
 5180         (4) Notwithstanding The provisions of subsection (2)
 5181  notwithstanding, and regardless of when the crime occurred, a
 5182  victim of a sexually violent offense as defined in s. 394.912,
 5183  may file a claim for compensation for counseling or other mental
 5184  health services within 5 years 1 year after the filing of a
 5185  petition under s. 394.914, to involuntarily civilly commit the
 5186  individual who perpetrated the sexually violent offense.
 5187         Section 79. Paragraph (b) of subsection (1) of section
 5188  960.13, Florida Statutes, is amended to read:
 5189         960.13 Awards.—
 5190         (1)
 5191         (b) In no case may an award be made when the record shows
 5192  that such report was made more than 5 days 72 hours after the
 5193  occurrence of such crime unless the department, for good cause
 5194  shown, finds the delay to have been justified. The department,
 5195  upon finding that any claimant or award recipient has not duly
 5196  cooperated with the state attorney, all law enforcement
 5197  agencies, and the department, may deny, reduce, or withdraw any
 5198  award, as the case may be.
 5199         Section 80. Subsection (1) of section 960.195, Florida
 5200  Statutes, is amended to read:
 5201         960.195 Awards to elderly persons or disabled adults for
 5202  property loss.—
 5203         (1) Notwithstanding the criteria in s. 960.13, for crime
 5204  victim compensation awards, the department may award a maximum
 5205  of $500 on any one claim and a lifetime maximum of $1,000 on all
 5206  claims to elderly persons or disabled adults who suffer a
 5207  property loss that causes a substantial diminution in their
 5208  quality of life when:
 5209         (a) There is proof that a criminal or delinquent act was
 5210  committed;
 5211         (b) The criminal or delinquent act is reported to law
 5212  enforcement authorities within 5 days 72 hours, unless the
 5213  department, for good cause shown, finds the delay to have been
 5214  justified;
 5215         (c) There is proof that the tangible personal property in
 5216  question belonged to the claimant;
 5217         (d) The claimant did not contribute to the criminal or
 5218  delinquent act;
 5219         (e) There is no other source of reimbursement or
 5220  indemnification available to the claimant; and
 5221         (f) The claimant would not be able to replace the tangible
 5222  personal property in question without incurring a serious
 5223  financial hardship.
 5224         Section 81. Paragraph (b) of subsection (2) of section
 5225  960.196, Florida Statutes, is amended to read:
 5226         960.196 Relocation assistance for victims of human
 5227  trafficking.—
 5228         (2) In order for an award to be granted to a victim for
 5229  relocation assistance:
 5230         (b) The crime must be reported to the proper authorities
 5231  and the claim must be filed within 5 years 1 year, or 7 2 years
 5232  with good cause, after the date of the last human trafficking
 5233  offense, as described in s. 787.06(3)(b), (d), (f), or (g). In a
 5234  case that exceeds the 7-year 2-year requirement due to an active
 5235  and ongoing investigation, a state attorney, statewide
 5236  prosecutor, or federal prosecutor may certify in writing a human
 5237  trafficking victim’s need to relocate from an unsafe environment
 5238  due to the threat of future violence which is directly related
 5239  to the human trafficking offense.
 5240         Section 82. Effective upon this act becoming a law,
 5241  paragraphs (c), (d), and (f) of subsection (2) of section
 5242  985.12, Florida Statutes, are amended to read:
 5243         985.12 Civil citation or similar prearrest diversion
 5244  programs.—
 5245         (2) JUDICIAL CIRCUIT CIVIL CITATION OR SIMILAR PREARREST
 5246  DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND OPERATION.—
 5247         (c) The state attorney of each circuit shall operate a
 5248  civil citation or similar prearrest diversion program in each
 5249  circuit. A sheriff, police department, county, municipality,
 5250  locally authorized entity, or public or private educational
 5251  institution may continue to operate an independent civil
 5252  citation or similar prearrest diversion program that is in
 5253  operation as of October 1, 2018, if the independent program is
 5254  reviewed by the state attorney of the applicable circuit and he
 5255  or she determines that the independent program is substantially
 5256  similar to the civil citation or similar prearrest diversion
 5257  program developed by the circuit. If the state attorney
 5258  determines that the independent program is not substantially
 5259  similar to the civil citation or similar prearrest diversion
 5260  program developed by the circuit, the operator of the
 5261  independent diversion program may revise the program and the
 5262  state attorney may conduct an additional review of the
 5263  independent program.
 5264         (d) A judicial circuit may model an existing sheriff’s,
 5265  police department’s, county’s, municipality’s, locally
 5266  authorized entity’s, or public or private educational
 5267  institution’s independent civil citation or similar prearrest
 5268  diversion program in developing the civil citation or similar
 5269  prearrest diversion program for the circuit.
 5270         (f) Each civil citation or similar prearrest diversion
 5271  program shall enter the appropriate youth data into the Juvenile
 5272  Justice Information System Prevention Web within 7 days after
 5273  the admission of the youth into the program A copy of each civil
 5274  citation or similar prearrest diversion program notice issued
 5275  under this section shall be provided to the department, and the
 5276  department shall enter appropriate information into the juvenile
 5277  offender information system.
 5278         Section 83. Effective upon this act becoming a law,
 5279  subsection (2) and paragraph (c) of subsection (3) of section
 5280  985.126, Florida Statutes, are amended to read:
 5281         985.126 Diversion programs; data collection; denial of
 5282  participation or expunged record.—
 5283         (2) Upon issuance of documentation requiring a minor to
 5284  participate in a diversion program, before or without an arrest,
 5285  the issuing law enforcement officer shall send a copy of such
 5286  documentation to the entity designated to operate the diversion
 5287  program and to the department, which shall enter such
 5288  information into the Juvenile Justice Information System
 5289  Prevention Web within 7 days after the youth’s admission into
 5290  the program.
 5291         (3)
 5292         (c) The data required pursuant to paragraph (a) shall be
 5293  entered into the Juvenile Justice Information System Prevention
 5294  Web within 7 days after the youth’s admission into the program
 5295  submitted to the department quarterly.
 5296         Section 84. Effective upon this act becoming a law,
 5297  paragraph (f) of subsection (1) of section 985.145, Florida
 5298  Statutes, is amended to read:
 5299         985.145 Responsibilities of the department during intake;
 5300  screenings and assessments.—
 5301         (1) The department shall serve as the primary case manager
 5302  for the purpose of managing, coordinating, and monitoring the
 5303  services provided to the child. Each program administrator
 5304  within the Department of Children and Families shall cooperate
 5305  with the primary case manager in carrying out the duties and
 5306  responsibilities described in this section. In addition to
 5307  duties specified in other sections and through departmental
 5308  rules, the department shall be responsible for the following:
 5309         (f)Prevention web.—For a child with a first-time
 5310  misdemeanor offense, the department shall enter all related
 5311  information into the Juvenile Justice Information System
 5312  Prevention Web until such time as formal charges are filed. If
 5313  formal charges are not filed, the information shall remain in
 5314  the Juvenile Justice Information System Prevention Web until
 5315  removed pursuant to department policies.
 5316         Section 85. Subsection (5) of section 985.265, Florida
 5317  Statutes, is amended to read:
 5318         985.265 Detention transfer and release; education; adult
 5319  jails.—
 5320         (5) The court shall order the delivery of a child to a jail
 5321  or other facility intended or used for the detention of adults:
 5322         (a) When the child has been transferred or indicted for
 5323  criminal prosecution as an adult under part X, except that:
 5324         1. The court may not order or allow a child alleged to have
 5325  committed a misdemeanor who is being transferred for criminal
 5326  prosecution pursuant to either s. 985.556 or s. 985.557 to be
 5327  detained or held in a jail or other facility intended or used
 5328  for the detention of adults; however, such child may be held
 5329  temporarily in a detention facility; or
 5330         2. A child who has been transferred for criminal
 5331  prosecution as an adult pursuant to s. 985.557 shall not be held
 5332  in a jail or other facility intended or used for the detention
 5333  of adults prior to a court finding as a result of a hearing
 5334  provided for in s. 985.557(2) that the child should be
 5335  prosecuted as an adult; or
 5336         (b) When a child taken into custody in this state is wanted
 5337  by another jurisdiction for prosecution as an adult.
 5338  
 5339  The child shall be housed separately from adult inmates to
 5340  prohibit a child from having regular contact with incarcerated
 5341  adults, including trusties. “Regular contact” means sight and
 5342  sound contact. Separation of children from adults shall permit
 5343  no more than haphazard or accidental contact. The receiving jail
 5344  or other facility shall contain a separate section for children
 5345  and shall have an adequate staff to supervise and monitor the
 5346  child’s activities at all times. Supervision and monitoring of
 5347  children includes physical observation and documented checks by
 5348  jail or receiving facility supervisory personnel at intervals
 5349  not to exceed 10 minutes. This subsection does not prohibit
 5350  placing two or more children in the same cell. Under no
 5351  circumstances shall a child be placed in the same cell with an
 5352  adult.
 5353         Section 86. Subsection (1) and present subsection (2) of
 5354  section 985.557, Florida Statutes, are amended, and a new
 5355  subsection (2) is added to that section, to read:
 5356         985.557 Direct filing of an information; discretionary and
 5357  mandatory criteria.—
 5358         (1) DISCRETIONARY DIRECT FILE.—
 5359         (a) With respect to any child who was 14 or 15 years of age
 5360  at the time the alleged offense was committed, the state
 5361  attorney may file an information when in the state attorney’s
 5362  judgment and discretion the public interest requires that adult
 5363  sanctions be considered or imposed and when the offense charged
 5364  is for the commission of, or attempt to commit any of the
 5365  following, or conspiracy to commit:
 5366         1. Arson.;
 5367         2. Sexual battery.;
 5368         3. Robbery.;
 5369         4. Kidnapping.;
 5370         5. Aggravated child abuse.;
 5371         6. Aggravated assault.;
 5372         7. Aggravated stalking.;
 5373         8. Murder.;
 5374         9. Manslaughter.;
 5375         10. Unlawful throwing, placing, or discharging of a
 5376  destructive device or bomb.;
 5377         11. Armed burglary in violation of s. 810.02(2)(b) or
 5378  specified burglary of a dwelling or structure in violation of s.
 5379  810.02(2)(c), or burglary with an assault or battery in
 5380  violation of s. 810.02(2)(a).;
 5381         12. Aggravated battery.;
 5382         13. Any lewd or lascivious offense committed upon or in the
 5383  presence of a person less than 16 years of age;
 5384         14. Carrying, displaying, using, threatening, or attempting
 5385  to use a weapon or firearm during the commission of a felony.;
 5386         15. Grand theft in violation of s. 812.014(2)(a).;
 5387         16. Possessing or discharging any weapon or firearm on
 5388  school property in violation of s. 790.115.;
 5389         17. Home invasion robbery.;
 5390         18. Carjacking.; or
 5391         19. Grand theft of a motor vehicle in violation of s.
 5392  812.014(2)(c)6. or grand theft of a motor vehicle valued at
 5393  $20,000 or more in violation of s. 812.014(2)(b) if the child
 5394  has a previous adjudication for grand theft of a motor vehicle
 5395  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
 5396         (b) With respect to any child who was 16 or 17 years of age
 5397  at the time the alleged offense was committed, the state
 5398  attorney may file an information when in the state attorney’s
 5399  judgment and discretion the public interest requires that adult
 5400  sanctions be considered or imposed. However, the state attorney
 5401  may not file an information on a child charged with a
 5402  misdemeanor, unless the child has had at least two previous
 5403  adjudications or adjudications withheld for delinquent acts, one
 5404  of which involved an offense classified as a felony under state
 5405  law.
 5406         (2) DUE PROCESS HEARING BEFORE A JUDGE.—Notwithstanding any
 5407  other law, and in all cases, any child charged with a crime
 5408  shall have an evidentiary hearing, after the state attorney’s
 5409  filing of an information in adult court under this section.
 5410         (a) The judge shall conduct the hearing within 30 days,
 5411  excluding Saturdays, Sundays, and legal holidays, unless good
 5412  cause is shown for a delay by the child or the child’s attorney.
 5413  The purpose of the hearing is for the court to determine whether
 5414  it is necessary for protection of the community that the child
 5415  is prosecuted in adult court. The judge shall consider all of
 5416  the following:
 5417         1.Evaluations and assessments completed by the department.
 5418         2.The sophistication and maturity of the child, including:
 5419         a.The effect, if any, of immaturity, impetuosity, or
 5420  failure to appreciate risks and consequences on the child’s
 5421  participation in the alleged offense.
 5422         b.The child’s age, maturity, intellectual capacity, and
 5423  mental and emotional health at the time of the alleged offense.
 5424         c.The effect, if any, of characteristics attributable to
 5425  the child’s youth on the child’s judgment.
 5426         3.The record and previous history of the child, including:
 5427         a.Previous contacts with the department, the Department of
 5428  Corrections, the Department of Children and Families, other law
 5429  enforcement agencies, and the courts.
 5430         b.Prior periods of probation.
 5431         c.Prior adjudications that the child committed a
 5432  delinquent act or violation of law, with greater weight being
 5433  given if the child has previously been found by a court to have
 5434  committed a delinquent act or violation of law involving
 5435  violence to persons.
 5436         d.Prior commitments to institutions of the department, the
 5437  Department of Corrections, or agencies under contract with
 5438  either department.
 5439         e.History of trauma, abuse or neglect, foster care
 5440  placements, failed adoption, fetal alcohol syndrome, exposure to
 5441  controlled substances at birth, and below-average intellectual
 5442  functioning.
 5443         f.Identification of the child as a student requiring
 5444  exceptional student education or having previously received
 5445  psychological services.
 5446         4.The nature of the alleged offense and the child’s
 5447  participation, including:
 5448         a.Whether the alleged offense is punishable by death or
 5449  life imprisonment.
 5450         b.Whether the alleged offense was against persons or
 5451  property.
 5452         c.Whether the alleged offense is alleged to have been
 5453  committed in an aggressive, violent, or premeditated manner.
 5454         d.The extent of the child’s participation in the alleged
 5455  offense.
 5456         e.The effect, if any, of familial pressure or peer
 5457  pressure on the child’s actions.
 5458         5.The prospects for adequate protection of the public and
 5459  the likelihood of reasonable rehabilitation of the child, if the
 5460  child is found to have committed the alleged offense:
 5461         a.By the use of procedures, services, and facilities
 5462  currently available to the juvenile court.
 5463         b.By the use of procedures, services, and facilities
 5464  currently available to the adult court, including whether the
 5465  lowest permissible sentence under the Criminal Punishment Code
 5466  is a nonstate prison sanction.
 5467         6.Whether the child could obtain habilitative or
 5468  rehabilitative services available in the juvenile justice
 5469  system.
 5470         7.Whether the child could receive a sentence in juvenile
 5471  court that would provide adequate safety and protection for the
 5472  community.
 5473         8.Whether the child’s best interests would be served by
 5474  prosecuting the child in juvenile court.
 5475         (b)The judge may consider any reports that may assist the
 5476  court, including prior pre-disposition reports, psycho-social
 5477  assessments, individualized educational programs (IEPs),
 5478  developmental assessments, school records, abuse or neglect
 5479  reports, home studies, protective investigations, and
 5480  psychological and psychiatric evaluations. The child, the
 5481  child’s parents or legal guardians, defense counsel, and the
 5482  state attorney may examine these reports and question the
 5483  parties responsible for creating them at the hearing.
 5484         (c)The adult court shall retain jurisdiction unless the
 5485  court finds by a preponderance of the evidence that the factors
 5486  listed in paragraph (a) support returning the child to juvenile
 5487  court.
 5488         (d)The adult court shall render an order including
 5489  specific findings of fact and the reasons for its decision. The
 5490  prosecution and defense may seek immediate review of the order
 5491  through interlocutory appeal. The order shall be reviewable on
 5492  appeal under the Florida Rules of Appellate Procedure.
 5493         (2)MANDATORY DIRECT FILE.—
 5494         (a)With respect to any child who was 16 or 17 years of age
 5495  at the time the alleged offense was committed, the state
 5496  attorney shall file an information if the child has been
 5497  previously adjudicated delinquent for an act classified as a
 5498  felony, which adjudication was for the commission of, attempt to
 5499  commit, or conspiracy to commit murder, sexual battery, armed or
 5500  strong-armed robbery, carjacking, home-invasion robbery,
 5501  aggravated battery, or aggravated assault, and the child is
 5502  currently charged with a second or subsequent violent crime
 5503  against a person.
 5504         (b)With respect to any child 16 or 17 years of age at the
 5505  time an offense classified as a forcible felony, as defined in
 5506  s. 776.08, was committed, the state attorney shall file an
 5507  information if the child has previously been adjudicated
 5508  delinquent or had adjudication withheld for three acts
 5509  classified as felonies each of which occurred at least 45 days
 5510  apart from each other. This paragraph does not apply when the
 5511  state attorney has good cause to believe that exceptional
 5512  circumstances exist which preclude the just prosecution of the
 5513  juvenile in adult court.
 5514         (c)The state attorney must file an information if a child,
 5515  regardless of the child’s age at the time the alleged offense
 5516  was committed, is alleged to have committed an act that would be
 5517  a violation of law if the child were an adult, that involves
 5518  stealing a motor vehicle, including, but not limited to, a
 5519  violation of s. 812.133, relating to carjacking, or s.
 5520  812.014(2)(c)6., relating to grand theft of a motor vehicle, and
 5521  while the child was in possession of the stolen motor vehicle
 5522  the child caused serious bodily injury to or the death of a
 5523  person who was not involved in the underlying offense. For
 5524  purposes of this section, the driver and all willing passengers
 5525  in the stolen motor vehicle at the time such serious bodily
 5526  injury or death is inflicted shall also be subject to mandatory
 5527  transfer to adult court. “Stolen motor vehicle,” for the
 5528  purposes of this section, means a motor vehicle that has been
 5529  the subject of any criminal wrongful taking. For purposes of
 5530  this section, “willing passengers” means all willing passengers
 5531  who have participated in the underlying offense.
 5532         (d)1.With respect to any child who was 16 or 17 years of
 5533  age at the time the alleged offense was committed, the state
 5534  attorney shall file an information if the child has been charged
 5535  with committing or attempting to commit an offense listed in s.
 5536  775.087(2)(a)1.a.-p., and, during the commission of or attempt
 5537  to commit the offense, the child:
 5538         a.Actually possessed a firearm or destructive device, as
 5539  those terms are defined in s. 790.001.
 5540         b.Discharged a firearm or destructive device, as described
 5541  in s. 775.087(2)(a)2.
 5542         c.Discharged a firearm or destructive device, as described
 5543  in s. 775.087(2)(a)3., and, as a result of the discharge, death
 5544  or great bodily harm was inflicted upon any person.
 5545         2.Upon transfer, any child who is:
 5546         a.Charged under sub-subparagraph 1.a. and who has been
 5547  previously adjudicated or had adjudication withheld for a
 5548  forcible felony offense or any offense involving a firearm, or
 5549  who has been previously placed in a residential commitment
 5550  program, shall be subject to sentencing under s. 775.087(2)(a),
 5551  notwithstanding s. 985.565.
 5552         b.Charged under sub-subparagraph 1.b. or sub-subparagraph
 5553  1.c., shall be subject to sentencing under s. 775.087(2)(a),
 5554  notwithstanding s. 985.565.
 5555         3.Upon transfer, any child who is charged under this
 5556  paragraph, but who does not meet the requirements specified in
 5557  subparagraph 2., shall be sentenced under s. 985.565; however,
 5558  if the court imposes a juvenile sanction, the court must commit
 5559  the child to a high-risk or maximum-risk juvenile facility.
 5560         4.This paragraph shall not apply if the state attorney has
 5561  good cause to believe that exceptional circumstances exist that
 5562  preclude the just prosecution of the child in adult court.
 5563         5.The Department of Corrections shall make every
 5564  reasonable effort to ensure that any child 16 or 17 years of age
 5565  who is convicted and sentenced under this paragraph be
 5566  completely separated such that there is no physical contact with
 5567  adult offenders in the facility, to the extent that it is
 5568  consistent with chapter 958.
 5569         Section 87. Subsection (3) of section 776.09, Florida
 5570  Statutes, is amended to read:
 5571         776.09 Retention of records pertaining to persons found to
 5572  be acting in lawful self-defense; expunction of criminal history
 5573  records.—
 5574         (3) Under either condition described in subsection (1) or
 5575  subsection (2), the person accused may apply for a certificate
 5576  of eligibility to expunge the associated criminal history
 5577  record, pursuant to s. 943.0578 s. 943.0585(5), notwithstanding
 5578  the eligibility requirements prescribed in s. 943.0585(1) s.
 5579  943.0585(1)(b) or (2).
 5580         Section 88. Paragraph (c) of subsection (3) of section
 5581  893.03, Florida Statutes, is amended to read:
 5582         893.03 Standards and schedules.—The substances enumerated
 5583  in this section are controlled by this chapter. The controlled
 5584  substances listed or to be listed in Schedules I, II, III, IV,
 5585  and V are included by whatever official, common, usual,
 5586  chemical, trade name, or class designated. The provisions of
 5587  this section shall not be construed to include within any of the
 5588  schedules contained in this section any excluded drugs listed
 5589  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
 5590  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
 5591  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
 5592  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
 5593  Anabolic Steroid Products.”
 5594         (3) SCHEDULE III.—A substance in Schedule III has a
 5595  potential for abuse less than the substances contained in
 5596  Schedules I and II and has a currently accepted medical use in
 5597  treatment in the United States, and abuse of the substance may
 5598  lead to moderate or low physical dependence or high
 5599  psychological dependence or, in the case of anabolic steroids,
 5600  may lead to physical damage. The following substances are
 5601  controlled in Schedule III:
 5602         (c) Unless specifically excepted or unless listed in
 5603  another schedule, any material, compound, mixture, or
 5604  preparation containing limited quantities of any of the
 5605  following controlled substances or any salts thereof:
 5606         1. Not more than 1.8 grams of codeine per 100 milliliters
 5607  or not more than 90 milligrams per dosage unit, with an equal or
 5608  greater quantity of an isoquinoline alkaloid of opium.
 5609         2. Not more than 1.8 grams of codeine per 100 milliliters
 5610  or not more than 90 milligrams per dosage unit, with recognized
 5611  therapeutic amounts of one or more active ingredients which are
 5612  not controlled substances.
 5613         3. Not more than 300 milligrams of hydrocodone per 100
 5614  milliliters or not more than 15 milligrams per dosage unit, with
 5615  a fourfold or greater quantity of an isoquinoline alkaloid of
 5616  opium.
 5617         4. Not more than 300 milligrams of hydrocodone per 100
 5618  milliliters or not more than 15 milligrams per dosage unit, with
 5619  recognized therapeutic amounts of one or more active ingredients
 5620  that are not controlled substances.
 5621         5. Not more than 1.8 grams of dihydrocodeine per 100
 5622  milliliters or not more than 90 milligrams per dosage unit, with
 5623  recognized therapeutic amounts of one or more active ingredients
 5624  which are not controlled substances.
 5625         6. Not more than 300 milligrams of ethylmorphine per 100
 5626  milliliters or not more than 15 milligrams per dosage unit, with
 5627  one or more active, nonnarcotic ingredients in recognized
 5628  therapeutic amounts.
 5629         7. Not more than 50 milligrams of morphine per 100
 5630  milliliters or per 100 grams, with recognized therapeutic
 5631  amounts of one or more active ingredients which are not
 5632  controlled substances.
 5633  
 5634  For purposes of charging a person with a violation of s. 893.135
 5635  involving any controlled substance described in subparagraph 3.
 5636  or subparagraph 4., the controlled substance is a Schedule III
 5637  controlled substance pursuant to this paragraph but the weight
 5638  of the controlled substance per milliliters or per dosage unit
 5639  is not relevant to the charging of a violation of s. 893.135.
 5640  The weight of the controlled substance shall be determined
 5641  pursuant to s. 893.135(7) s. 893.135(6).
 5642         Section 89. Paragraph (c) of subsection (3) of section
 5643  943.053, Florida Statutes, is amended to read:
 5644         943.053 Dissemination of criminal justice information;
 5645  fees.—
 5646         (3)
 5647         (c)1. Criminal history information relating to juveniles,
 5648  including criminal history information consisting in whole or in
 5649  part of information that is confidential and exempt under
 5650  paragraph (b), shall be available to:
 5651         a. A criminal justice agency for criminal justice purposes
 5652  on a priority basis and free of charge;
 5653         b. The person to whom the record relates, or his or her
 5654  attorney;
 5655         c. The parent, guardian, or legal custodian of the person
 5656  to whom the record relates, provided such person has not reached
 5657  the age of majority, been emancipated by a court, or been
 5658  legally married; or
 5659         d. An agency or entity specified in s. 943.0585(6) s.
 5660  943.0585(4) or s. 943.059(6) s. 943.059(4), for the purposes
 5661  specified therein, and to any person within such agency or
 5662  entity who has direct responsibility for employment, access
 5663  authorization, or licensure decisions.
 5664         2. After providing the program with all known personal
 5665  identifying information, the criminal history information
 5666  relating to a juvenile which is not confidential and exempt
 5667  under this subsection may be released to the private sector and
 5668  noncriminal justice agencies not specified in s. 943.0585(6) s.
 5669  943.0585(4) or s. 943.059(6) s. 943.059(4) in the same manner as
 5670  provided in paragraph (a). Criminal history information relating
 5671  to a juvenile which is not confidential and exempt under this
 5672  subsection is the entire criminal history information relating
 5673  to a juvenile who satisfies any of the criteria listed in sub
 5674  subparagraphs (b)1.a.-d., except for any portion of such
 5675  juvenile’s criminal history record which has been expunged or
 5676  sealed under any law applicable to such record.
 5677         3. All criminal history information relating to juveniles,
 5678  other than that provided to criminal justice agencies for
 5679  criminal justice purposes, shall be provided upon tender of fees
 5680  as established in this subsection and in the manner prescribed
 5681  by rule of the Department of Law Enforcement.
 5682         Section 90. Paragraph (b) of subsection (2) of section
 5683  943.0582, Florida Statutes, is amended to read:
 5684         943.0582 Diversion program expunction.—
 5685         (2) As used in this section, the term:
 5686         (b) “Expunction” has the same meaning ascribed in and
 5687  effect as s. 943.0585, except that:
 5688         1. Section 943.0585(6)(b) does The provisions of s.
 5689  943.0585(4)(a) do not apply, except that the criminal history
 5690  record of a person whose record is expunged pursuant to this
 5691  section shall be made available only to criminal justice
 5692  agencies for the purpose of:
 5693         a. Determining eligibility for diversion programs;
 5694         b. A criminal investigation; or
 5695         c. Making a prosecutorial decision under s. 985.15.
 5696         2. Records maintained by local criminal justice agencies in
 5697  the county in which the arrest occurred that are eligible for
 5698  expunction pursuant to this section shall be sealed as the term
 5699  is used in s. 943.059.
 5700         Section 91. Paragraphs (a) and (b) of subsection (4) of
 5701  section 985.565, Florida Statutes, are amended to read:
 5702         985.565 Sentencing powers; procedures; alternatives for
 5703  juveniles prosecuted as adults.—
 5704         (4) SENTENCING ALTERNATIVES.—
 5705         (a) Adult sanctions.—
 5706         1. Cases prosecuted on indictment.—If the child is found to
 5707  have committed the offense punishable by death or life
 5708  imprisonment, the child shall be sentenced as an adult. If the
 5709  juvenile is not found to have committed the indictable offense
 5710  but is found to have committed a lesser included offense or any
 5711  other offense for which he or she was indicted as a part of the
 5712  criminal episode, the court may sentence as follows:
 5713         a. As an adult;
 5714         b. Under chapter 958; or
 5715         c. As a juvenile under this section.
 5716         2. Other cases.—If a child who has been transferred for
 5717  criminal prosecution pursuant to information or waiver of
 5718  juvenile court jurisdiction is found to have committed a
 5719  violation of state law or a lesser included offense for which he
 5720  or she was charged as a part of the criminal episode, the court
 5721  may sentence as follows:
 5722         a. As an adult;
 5723         b. Under chapter 958; or
 5724         c. As a juvenile under this section.
 5725         3. Notwithstanding any other provision to the contrary, if
 5726  the state attorney is required to file a motion to transfer and
 5727  certify the juvenile for prosecution as an adult under s.
 5728  985.556(3) and that motion is granted, or if the state attorney
 5729  is required to file an information under s. 985.557(2)(a) or
 5730  (b), the court must impose adult sanctions.
 5731         4. Any sentence imposing adult sanctions is presumed
 5732  appropriate, and the court is not required to set forth specific
 5733  findings or enumerate the criteria in this subsection as any
 5734  basis for its decision to impose adult sanctions.
 5735         5. When a child has been transferred for criminal
 5736  prosecution as an adult and has been found to have committed a
 5737  violation of state law, the disposition of the case may include
 5738  the enforcement of any restitution ordered in any juvenile
 5739  proceeding.
 5740         (b) Juvenile sanctions.—For juveniles transferred to adult
 5741  court but who do not qualify for such transfer under s.
 5742  985.556(3) or s. 985.557(2)(a) or (b), the court may impose
 5743  juvenile sanctions under this paragraph. If juvenile sentences
 5744  are imposed, the court shall, under this paragraph, adjudge the
 5745  child to have committed a delinquent act. Adjudication of
 5746  delinquency may shall not be deemed a conviction, nor shall it
 5747  operate to impose any of the civil disabilities ordinarily
 5748  resulting from a conviction. The court shall impose an adult
 5749  sanction or a juvenile sanction and may not sentence the child
 5750  to a combination of adult and juvenile punishments. An adult
 5751  sanction or a juvenile sanction may include enforcement of an
 5752  order of restitution or probation previously ordered in any
 5753  juvenile proceeding. However, if the court imposes a juvenile
 5754  sanction and the department determines that the sanction is
 5755  unsuitable for the child, the department shall return custody of
 5756  the child to the sentencing court for further proceedings,
 5757  including the imposition of adult sanctions. Upon adjudicating a
 5758  child delinquent under subsection (1), the court may:
 5759         1. Place the child in a probation program under the
 5760  supervision of the department for an indeterminate period of
 5761  time until the child reaches the age of 19 years or sooner if
 5762  discharged by order of the court.
 5763         2. Commit the child to the department for treatment in an
 5764  appropriate program for children for an indeterminate period of
 5765  time until the child is 21 or sooner if discharged by the
 5766  department. The department shall notify the court of its intent
 5767  to discharge no later than 14 days before prior to discharge.
 5768  Failure of the court to timely respond to the department’s
 5769  notice shall be considered approval for discharge.
 5770         3. Order disposition under ss. 985.435, 985.437, 985.439,
 5771  985.441, 985.45, and 985.455 as an alternative to youthful
 5772  offender or adult sentencing if the court determines not to
 5773  impose youthful offender or adult sanctions.
 5774  
 5775  It is the intent of the Legislature that the criteria and
 5776  guidelines in this subsection are mandatory and that a
 5777  determination of disposition under this subsection is subject to
 5778  the right of the child to appellate review under s. 985.534.
 5779         Section 92. Subsection (3) of section 921.0022, Florida
 5780  Statutes, is amended to read:
 5781         921.0022 Criminal Punishment Code; offense severity ranking
 5782  chart.—
 5783         (3) OFFENSE SEVERITY RANKING CHART
 5784         (a) LEVEL 1
 5785  
 5786  FloridaStatute          FelonyDegree          Description          
 5787  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
 5788  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
 5789  212.15(2)(b)                3rd     Failure to remit sales taxes, amount $1,000 or more greater than $300 but less than $20,000.
 5790  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
 5791  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
 5792  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
 5793  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
 5794  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
 5795  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
 5796  322.212(5)(a)               3rd     False application for driver license or identification card.
 5797  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 5798  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
 5799  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value $1,000 or more greater than $300.
 5800  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
 5801  562.27(1)                   3rd     Possess still or still apparatus.
 5802  713.69                      3rd     Tenant removes property upon which lien has accrued, value $1,000 or more than $50.
 5803  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 5804  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
 5805  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
 5806  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
 5807  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
 5808  826.01                      3rd     Bigamy.                        
 5809  828.122(3)                  3rd     Fighting or baiting animals.   
 5810  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 5811  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 5812  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
 5813  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.
 5814  838.15(2)                   3rd     Commercial bribe receiving.    
 5815  838.16                      3rd     Commercial bribery.            
 5816  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
 5817  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 5818  849.01                      3rd     Keeping gambling house.        
 5819  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.
 5820  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
 5821  849.25(2)                   3rd     Engaging in bookmaking.        
 5822  860.08                      3rd     Interfere with a railroad signal.
 5823  860.13(1)(a)                3rd     Operate aircraft while under the influence.
 5824  893.13(2)(a)2.              3rd     Purchase of cannabis.          
 5825  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
 5826  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
 5827         (b) LEVEL 2
 5828  
 5829  FloridaStatute             FelonyDegree        Description        
 5830  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 5831  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 5832  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.
 5833  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
 5834  590.28(1)                      3rd     Intentional burning of lands.
 5835  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 5836  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
 5837  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
 5838  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 5839  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
 5840  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $750 $300 or more but less than $5,000.
 5841  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $750 $300, taken from unenclosed curtilage of dwelling.
 5842  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 5843  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
 5844  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 5845  817.52(3)                      3rd     Failure to redeliver hired vehicle.
 5846  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
 5847  817.60(5)                      3rd     Dealing in credit cards of another.
 5848  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
 5849  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
 5850  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
 5851  831.01                         3rd     Forgery.                   
 5852  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
 5853  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
 5854  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
 5855  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
 5856  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
 5857  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
 5858  843.08                         3rd     False personation.         
 5859  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.
 5860  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
 5861         (c) LEVEL 3
 5862  
 5863  FloridaStatute           FelonyDegree         Description          
 5864  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
 5865  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
 5866  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
 5867  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 5868  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
 5869  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
 5870  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
 5871  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 5872  327.35(2)(b)                 3rd     Felony BUI.                   
 5873  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 5874  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 5875  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 5876  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.
 5877  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.
 5878  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 5879  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
 5880  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
 5881  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
 5882  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
 5883  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
 5884  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
 5885  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
 5886  697.08                       3rd     Equity skimming.              
 5887  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
 5888  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 5889  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
 5890  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 5891  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
 5892  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
 5893  812.015(8)(b)                3rd     Retail theft with intent to sell; conspires with others.
 5894  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
 5895  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 5896  817.233                      3rd     Burning to defraud insurer.   
 5897  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
 5898  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
 5899  817.236                      3rd     Filing a false motor vehicle insurance application.
 5900  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 5901  817.413(2)                   3rd     Sale of used goods of $1,000 or more as new.
 5902  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
 5903  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
 5904  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
 5905  843.19                       3rd     Injure, disable, or kill police dog or horse.
 5906  860.15(3)                    3rd     Overcharging for repairs and parts.
 5907  870.01(2)                    3rd     Riot; inciting or encouraging.
 5908  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).
 5909  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.
 5910  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.
 5911  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
 5912  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
 5913  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 5914  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 5915  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
 5916  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
 5917  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.
 5918  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.
 5919  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
 5920  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.
 5921  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
 5922  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
 5923  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
 5924  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
 5925         (d) LEVEL 4
 5926  
 5927  FloridaStatute             FelonyDegree        Description        
 5928  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.
 5929  499.0051(1)                    3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
 5930  499.0051(5)                    2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 5931  517.07(1)                      3rd     Failure to register securities.
 5932  517.12(1)                      3rd     Failure of dealer, associated person, or issuer of securities to register.
 5933  784.07(2)(b)                   3rd     Battery of law enforcement officer, firefighter, etc.
 5934  784.074(1)(c)                  3rd     Battery of sexually violent predators facility staff.
 5935  784.075                        3rd     Battery on detention or commitment facility staff.
 5936  784.078                        3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 5937  784.08(2)(c)                   3rd     Battery on a person 65 years of age or older.
 5938  784.081(3)                     3rd     Battery on specified official or employee.
 5939  784.082(3)                     3rd     Battery by detained person on visitor or other detainee.
 5940  784.083(3)                     3rd     Battery on code inspector. 
 5941  784.085                        3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 5942  787.03(1)                      3rd     Interference with custody; wrongly takes minor from appointed guardian.
 5943  787.04(2)                      3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 5944  787.04(3)                      3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 5945  787.07                         3rd     Human smuggling.           
 5946  790.115(1)                     3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
 5947  790.115(2)(b)                  3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
 5948  790.115(2)(c)                  3rd     Possessing firearm on school property.
 5949  800.04(7)(c)                   3rd     Lewd or lascivious exhibition; offender less than 18 years.
 5950  810.02(4)(a)                   3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 5951  810.02(4)(b)                   3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 5952  810.06                         3rd     Burglary; possession of tools.
 5953  810.08(2)(c)                   3rd     Trespass on property, armed with firearm or dangerous weapon.
 5954  812.014(2)(c)3.                3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
 5955  812.014 (2)(c)4.-10.           3rd     Grand theft, 3rd degree; specified items, a will, firearm, motor vehicle, livestock, etc.
 5956  812.0195(2)                    3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
 5957  817.505(4)(a)                  3rd     Patient brokering.         
 5958  817.563(1)                     3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 5959  817.568(2)(a)                  3rd     Fraudulent use of personal identification information.
 5960  817.625(2)(a)                  3rd     Fraudulent use of scanning device, skimming device, or reencoder.
 5961  817.625(2)(c)                  3rd     Possess, sell, or deliver skimming device.
 5962  828.125(1)                     2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 5963  837.02(1)                      3rd     Perjury in official proceedings.
 5964  837.021(1)                     3rd     Make contradictory statements in official proceedings.
 5965  838.022                        3rd     Official misconduct.       
 5966  839.13(2)(a)                   3rd     Falsifying records of an individual in the care and custody of a state agency.
 5967  839.13(2)(c)                   3rd     Falsifying records of the Department of Children and Families.
 5968  843.021                        3rd     Possession of a concealed handcuff key by a person in custody.
 5969  843.025                        3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 5970  843.15(1)(a)                   3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
 5971  847.0135(5)(c)                 3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
 5972  874.05(1)(a)                   3rd     Encouraging or recruiting another to join a criminal gang.
 5973  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).
 5974  914.14(2)                      3rd     Witnesses accepting bribes.
 5975  914.22(1)                      3rd     Force, threaten, etc., witness, victim, or informant.
 5976  914.23(2)                      3rd     Retaliation against a witness, victim, or informant, no bodily injury.
 5977  918.12                         3rd     Tampering with jurors.     
 5978  934.215                        3rd     Use of two-way communications device to facilitate commission of a crime.
 5979  944.47(1)(a)6.                 3rd     Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
 5980  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.
 5981         (e) LEVEL 5
 5982  
 5983  FloridaStatute             FelonyDegree        Description        
 5984  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 5985  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
 5986  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
 5987  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 5988  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
 5989  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.
 5990  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 5991  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
 5992  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
 5993  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
 5994  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
 5995  440.381(2)                     2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 5996  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 5997  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
 5998  790.01(2)                      3rd     Carrying a concealed firearm.
 5999  790.162                        2nd     Threat to throw or discharge destructive device.
 6000  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
 6001  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
 6002  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
 6003  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
 6004  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
 6005  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
 6006  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 6007  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 6008  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.
 6009  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
 6010  812.131(2)(b)                  3rd     Robbery by sudden snatching.
 6011  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
 6012  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
 6013  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
 6014  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.
 6015  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.
 6016  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
 6017  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
 6018  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 6019  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 6020  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 6021  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 6022  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.
 6023  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
 6024  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
 6025  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
 6026  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
 6027  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 6028  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
 6029  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).
 6030  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.
 6031  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.
 6032  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.
 6033  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.
 6034  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
 6035  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 6036         (f) LEVEL 6
 6037  
 6038  FloridaStatute              FelonyDegree        Description        
 6039  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
 6040  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
 6041  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
 6042  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
 6043  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
 6044  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
 6045  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
 6046  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
 6047  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
 6048  784.041                          3rd     Felony battery; domestic battery by strangulation.
 6049  784.048(3)                       3rd     Aggravated stalking; credible threat.
 6050  784.048(5)                       3rd     Aggravated stalking of person under 16.
 6051  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
 6052  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
 6053  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
 6054  784.081(2)                       2nd     Aggravated assault on specified official or employee.
 6055  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
 6056  784.083(2)                       2nd     Aggravated assault on code inspector.
 6057  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
 6058  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
 6059  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 6060  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.
 6061  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 6062  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
 6063  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
 6064  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.
 6065  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
 6066  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
 6067  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
 6068  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
 6069  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 6070  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
 6071  812.015(9)(a)                    2nd     Retail theft; property stolen $750 $300 or more; second or subsequent conviction.
 6072  812.015(9)(b)                    2nd     Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
 6073  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
 6074  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
 6075  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
 6076  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
 6077  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
 6078  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
 6079  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 6080  827.03(2)(c)                     3rd     Abuse of a child.         
 6081  827.03(2)(d)                     3rd     Neglect of a child.       
 6082  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
 6083  836.05                           2nd     Threats; extortion.       
 6084  836.10                           2nd     Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
 6085  843.12                           3rd     Aids or assists person to escape.
 6086  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 6087  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
 6088  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 6089  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
 6090  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.
 6091  944.40                           2nd     Escapes.                  
 6092  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
 6093  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 6094  951.22(1)(i)951.22(1)            3rd     Intoxicating drug, Firearm, or weapon introduced into county detention facility.
 6095         (g) LEVEL 7
 6096  
 6097  FloridaStatute           FelonyDegree         Description         
 6098  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
 6099  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 6100  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.
 6101  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 6102  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 6103  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 6104  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 6105  456.065(2)                    3rd     Practicing a health care profession without a license.
 6106  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 6107  458.327(1)                    3rd     Practicing medicine without a license.
 6108  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 6109  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 6110  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 6111  462.17                        3rd     Practicing naturopathy without a license.
 6112  463.015(1)                    3rd     Practicing optometry without a license.
 6113  464.016(1)                    3rd     Practicing nursing without a license.
 6114  465.015(2)                    3rd     Practicing pharmacy without a license.
 6115  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 6116  467.201                       3rd     Practicing midwifery without a license.
 6117  468.366                       3rd     Delivering respiratory care services without a license.
 6118  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 6119  483.901(7)                    3rd     Practicing medical physics without a license.
 6120  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 6121  484.053                       3rd     Dispensing hearing aids without a license.
 6122  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.
 6123  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.
 6124  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 6125  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 6126  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 6127  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 6128  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 6129  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 6130  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 6131  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 6132  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 6133  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 6134  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 6135  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 6136  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 6137  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 6138  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 6139  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 6140  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 6141  784.081(1)                    1st     Aggravated battery on specified official or employee.
 6142  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 6143  784.083(1)                    1st     Aggravated battery on code inspector.
 6144  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
 6145  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.
 6146  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 6147  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 6148  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 6149  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 6150  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 6151  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 6152  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 6153  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.
 6154  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
 6155  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
 6156  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 6157  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.
 6158  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.
 6159  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 6160  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 6161  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 6162  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 6163  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 6164  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.
 6165  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 6166  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 6167  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 6168  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 6169  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 6170  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 6171  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 6172  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 6173  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 6174  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 6175  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 6176  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.
 6177  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 6178  817.611(2)(b)                 2nd     Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
 6179  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 6180  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.
 6181  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 6182  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 6183  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 6184  838.015                       2nd     Bribery.                    
 6185  838.016                       2nd     Unlawful compensation or reward for official behavior.
 6186  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 6187  838.22                        2nd     Bid tampering.              
 6188  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 6189  843.0855(3)                   3rd     Unlawful simulation of legal process.
 6190  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 6191  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 6192  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 6193  872.06                        2nd     Abuse of a dead human body. 
 6194  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 6195  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 6196  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.
 6197  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.
 6198  893.13(4)(a)                  1st     Use or hire of minor; deliver to minor other controlled substance.
 6199  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 6200  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 6201  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 6202  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 6203  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 6204  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 6205  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 6206  893.135 (1)(c)4.b.(I)         1st     Trafficking in fentanyl, 4 grams or more, less than 14 grams.
 6207  893.135 (1)(d)1.a.            1st     Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
 6208  893.135(1)(e)1.               1st     Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
 6209  893.135(1)(f)1.               1st     Trafficking in amphetamine, 14 grams or more, less than 28 grams.
 6210  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 6211  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 6212  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 6213  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 6214  893.135 (1)(m)2.a.            1st     Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
 6215  893.135 (1)(m)2.b.            1st     Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
 6216  893.135 (1)(n)2.a.            1st     Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
 6217  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 6218  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 6219  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 6220  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 6221  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 6222  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 6223  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 6224  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 6225  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 6226  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 6227  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 6228  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 6229  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 6230  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 6231  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 6232         (h) LEVEL 8
 6233  
 6234  FloridaStatute            FelonyDegree         Description         
 6235  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
 6236  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
 6237  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
 6238  499.0051(6)                    1st     Knowing trafficking in contraband prescription drugs.
 6239  499.0051(7)                    1st     Knowing forgery of prescription labels or prescription drug labels.
 6240  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.
 6241  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.
 6242  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
 6243  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
 6244  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.
 6245  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
 6246  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
 6247  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
 6248  787.06(3)(a)1.                 1st     Human trafficking for labor and services of a child.
 6249  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity of an adult.
 6250  787.06(3)(c)2.                 1st     Human trafficking using coercion for labor and services of an unauthorized alien adult.
 6251  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.
 6252  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.
 6253  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
 6254  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.
 6255  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.
 6256  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.
 6257  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.
 6258  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
 6259  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
 6260  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
 6261  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
 6262  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
 6263  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
 6264  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
 6265  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
 6266  812.13(2)(b)                   1st     Robbery with a weapon.      
 6267  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
 6268  817.505(4)(c)                  1st     Patient brokering; 20 or more patients.
 6269  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
 6270  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
 6271  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
 6272  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.
 6273  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
 6274  817.611(2)(c)                  1st     Traffic in or possess 50 or more counterfeit credit cards or related documents.
 6275  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
 6276  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
 6277  825.103(3)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
 6278  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
 6279  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
 6280  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
 6281  860.16                         1st     Aircraft piracy.            
 6282  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).
 6283  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 6284  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 6285  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
 6286  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
 6287  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
 6288  893.135 (1)(c)2.c.             1st     Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
 6289  893.135 (1)(c)3.c.             1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
 6290  893.135 (1)(c)4.b.(II)         1st     Trafficking in fentanyl, 14 grams or more, less than 28 grams.
 6291  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
 6292  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
 6293  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, 28 grams or more, less than 200 grams.
 6294  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
 6295  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
 6296  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
 6297  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
 6298  893.135 (1)(m)2.c.             1st     Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
 6299  893.135 (1)(n)2.b.             1st     Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
 6300  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
 6301  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
 6302  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
 6303  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
 6304  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
 6305  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.
 6306         (i) LEVEL 9
 6307  
 6308  FloridaStatute            FelonyDegree         Description         
 6309  316.193 (3)(c)3.b.             1st     DUI manslaughter; failing to render aid or give information.
 6310  327.35 (3)(c)3.b.              1st     BUI manslaughter; failing to render aid or give information.
 6311  409.920 (2)(b)1.c.             1st     Medicaid provider fraud; $50,000 or more.
 6312  499.0051(8)                    1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 6313  560.123(8)(b)3.                1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 6314  560.125(5)(c)                  1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 6315  655.50(10)(b)3.                1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 6316  775.0844                       1st     Aggravated white collar crime.
 6317  782.04(1)                      1st     Attempt, conspire, or solicit to commit premeditated murder.
 6318  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.
 6319  782.051(1)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 6320  782.07(2)                      1st     Aggravated manslaughter of an elderly person or disabled adult.
 6321  787.01(1)(a)1.               1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
 6322  787.01(1)(a)2.               1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
 6323  787.01(1)(a)4.               1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
 6324  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.
 6325  787.06(3)(c)1.                 1st     Human trafficking for labor and services of an unauthorized alien child.
 6326  787.06(3)(d)                   1st     Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
 6327  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.
 6328  790.161                        1st     Attempted capital destructive device offense.
 6329  790.166(2)                   1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
 6330  794.011(2)                     1st     Attempted sexual battery; victim less than 12 years of age.
 6331  794.011(2)                    Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 6332  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.
 6333  794.011(4)(b)                  1st     Sexual battery, certain circumstances; victim and offender 18 years of age or older.
 6334  794.011(4)(c)                  1st     Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
 6335  794.011(4)(d)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
 6336  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.
 6337  794.08(2)                      1st     Female genital mutilation; victim younger than 18 years of age.
 6338  800.04(5)(b)                  Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 6339  812.13(2)(a)                 1st,PBL   Robbery with firearm or other deadly weapon.
 6340  812.133(2)(a)                1st,PBL   Carjacking; firearm or other deadly weapon.
 6341  812.135(2)(b)                  1st     Home-invasion robbery with weapon.
 6342  817.535(3)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
 6343  817.535(4)(a)2.                1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
 6344  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.
 6345  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.
 6346  827.03(2)(a)                   1st     Aggravated child abuse.     
 6347  847.0145(1)                    1st     Selling, or otherwise transferring custody or control, of a minor.
 6348  847.0145(2)                    1st     Purchasing, or otherwise obtaining custody or control, of a minor.
 6349  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.
 6350  893.135                        1st     Attempted capital trafficking offense.
 6351  893.135(1)(a)3.                1st     Trafficking in cannabis, more than 10,000 lbs.
 6352  893.135 (1)(b)1.c.             1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 6353  893.135 (1)(c)1.c.             1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
 6354  893.135 (1)(c)2.d.             1st     Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
 6355  893.135 (1)(c)3.d.             1st     Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
 6356  893.135 (1)(c)4.b.(III)        1st     Trafficking in fentanyl, 28 grams or more.
 6357  893.135 (1)(d)1.c.             1st     Trafficking in phencyclidine, 400 grams or more.
 6358  893.135 (1)(e)1.c.             1st     Trafficking in methaqualone, 25 kilograms or more.
 6359  893.135 (1)(f)1.c.             1st     Trafficking in amphetamine, 200 grams or more.
 6360  893.135 (1)(h)1.c.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 6361  893.135 (1)(j)1.c.             1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
 6362  893.135 (1)(k)2.c.             1st     Trafficking in Phenethylamines, 400 grams or more.
 6363  893.135 (1)(m)2.d.             1st     Trafficking in synthetic cannabinoids, 30 kilograms or more.
 6364  893.135 (1)(n)2.c.             1st     Trafficking in n-benzyl phenethylamines, 200 grams or more.
 6365  896.101(5)(c)                  1st     Money laundering, financial instruments totaling or exceeding $100,000.
 6366  896.104(4)(a)3.                1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 6367         (j) LEVEL 10
 6368  
 6369  FloridaStatute             FelonyDegree         Description        
 6370  499.0051(9)                    1st      Knowing sale or purchase of contraband prescription drugs resulting in death.
 6371  782.04(2)                    1st,PBL    Unlawful killing of human; act is homicide, unpremeditated.
 6372  782.07(3)                      1st      Aggravated manslaughter of a child.
 6373  787.01(1)(a)3.               1st,PBL    Kidnapping; inflict bodily harm upon or terrorize victim.
 6374  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.
 6375  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.
 6376  787.06(4)(a)                   Life     Selling or buying of minors into human trafficking.
 6377  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.
 6378  812.135(2)(a)                1st,PBL    Home-invasion robbery with firearm or other deadly weapon.
 6379  876.32                         1st      Treason against the state. 
 6380         Section 93. For the purpose of incorporating the amendment
 6381  made by this act to section 322.056, Florida Statutes, in a
 6382  reference thereto, subsection (11) of section 322.05, Florida
 6383  Statutes, is reenacted to read:
 6384         322.05 Persons not to be licensed.—The department may not
 6385  issue a license:
 6386         (11) To any person who is ineligible under s. 322.056.
 6387         Section 94. For the purpose of incorporating the amendment
 6388  made by this act to section 322.34, Florida Statutes, in a
 6389  reference thereto, paragraph (c) of subsection (2) of section
 6390  316.027, Florida Statutes, is reenacted to read:
 6391         316.027 Crash involving death or personal injuries.—
 6392         (2)
 6393         (c) The driver of a vehicle involved in a crash occurring
 6394  on public or private property which results in the death of a
 6395  person shall immediately stop the vehicle at the scene of the
 6396  crash, or as close thereto as possible, and shall remain at the
 6397  scene of the crash until he or she has fulfilled the
 6398  requirements of s. 316.062. A person who is arrested for a
 6399  violation of this paragraph and who has previously been
 6400  convicted of a violation of this section, s. 316.061, s.
 6401  316.191, or s. 316.193, or a felony violation of s. 322.34,
 6402  shall be held in custody until brought before the court for
 6403  admittance to bail in accordance with chapter 903. A person who
 6404  willfully violates this paragraph commits a felony of the first
 6405  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 6406  775.084, and shall be sentenced to a mandatory minimum term of
 6407  imprisonment of 4 years. A person who willfully commits such a
 6408  violation while driving under the influence as set forth in s.
 6409  316.193(1) shall be sentenced to a mandatory minimum term of
 6410  imprisonment of 4 years.
 6411         Section 95. For the purpose of incorporating the amendment
 6412  made by this act to section 322.34, Florida Statutes, in a
 6413  reference thereto, paragraph (c) of subsection (4) of section
 6414  907.041, Florida Statutes, is reenacted to read:
 6415         907.041 Pretrial detention and release.—
 6416         (4) PRETRIAL DETENTION.—
 6417         (c) The court may order pretrial detention if it finds a
 6418  substantial probability, based on a defendant’s past and present
 6419  patterns of behavior, the criteria in s. 903.046, and any other
 6420  relevant facts, that any of the following circumstances exist:
 6421         1. The defendant has previously violated conditions of
 6422  release and that no further conditions of release are reasonably
 6423  likely to assure the defendant’s appearance at subsequent
 6424  proceedings;
 6425         2. The defendant, with the intent to obstruct the judicial
 6426  process, has threatened, intimidated, or injured any victim,
 6427  potential witness, juror, or judicial officer, or has attempted
 6428  or conspired to do so, and that no condition of release will
 6429  reasonably prevent the obstruction of the judicial process;
 6430         3. The defendant is charged with trafficking in controlled
 6431  substances as defined by s. 893.135, that there is a substantial
 6432  probability that the defendant has committed the offense, and
 6433  that no conditions of release will reasonably assure the
 6434  defendant’s appearance at subsequent criminal proceedings;
 6435         4. The defendant is charged with DUI manslaughter, as
 6436  defined by s. 316.193, and that there is a substantial
 6437  probability that the defendant committed the crime and that the
 6438  defendant poses a threat of harm to the community; conditions
 6439  that would support a finding by the court pursuant to this
 6440  subparagraph that the defendant poses a threat of harm to the
 6441  community include, but are not limited to, any of the following:
 6442         a. The defendant has previously been convicted of any crime
 6443  under s. 316.193, or of any crime in any other state or
 6444  territory of the United States that is substantially similar to
 6445  any crime under s. 316.193;
 6446         b. The defendant was driving with a suspended driver
 6447  license when the charged crime was committed; or
 6448         c. The defendant has previously been found guilty of, or
 6449  has had adjudication of guilt withheld for, driving while the
 6450  defendant’s driver license was suspended or revoked in violation
 6451  of s. 322.34;
 6452         5. The defendant poses the threat of harm to the community.
 6453  The court may so conclude, if it finds that the defendant is
 6454  presently charged with a dangerous crime, that there is a
 6455  substantial probability that the defendant committed such crime,
 6456  that the factual circumstances of the crime indicate a disregard
 6457  for the safety of the community, and that there are no
 6458  conditions of release reasonably sufficient to protect the
 6459  community from the risk of physical harm to persons;
 6460         6. The defendant was on probation, parole, or other release
 6461  pending completion of sentence or on pretrial release for a
 6462  dangerous crime at the time the current offense was committed;
 6463         7. The defendant has violated one or more conditions of
 6464  pretrial release or bond for the offense currently before the
 6465  court and the violation, in the discretion of the court,
 6466  supports a finding that no conditions of release can reasonably
 6467  protect the community from risk of physical harm to persons or
 6468  assure the presence of the accused at trial; or
 6469         8.a. The defendant has ever been sentenced pursuant to s.
 6470  775.082(9) or s. 775.084 as a prison releasee reoffender,
 6471  habitual violent felony offender, three-time violent felony
 6472  offender, or violent career criminal, or the state attorney
 6473  files a notice seeking that the defendant be sentenced pursuant
 6474  to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
 6475  habitual violent felony offender, three-time violent felony
 6476  offender, or violent career criminal;
 6477         b. There is a substantial probability that the defendant
 6478  committed the offense; and
 6479         c. There are no conditions of release that can reasonably
 6480  protect the community from risk of physical harm or ensure the
 6481  presence of the accused at trial.
 6482         Section 96. For the purpose of incorporating the amendment
 6483  made by this act to section 394.47891, Florida Statutes, in a
 6484  reference thereto, subsection (5) of section 910.035, Florida
 6485  Statutes, is reenacted to read:
 6486         910.035 Transfer from county for plea, sentence, or
 6487  participation in a problem-solving court.—
 6488         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
 6489         (a) For purposes of this subsection, the term “problem
 6490  solving court” means a drug court pursuant to s. 948.01, s.
 6491  948.06, s. 948.08, s. 948.16, or s. 948.20; a military veterans’
 6492  and servicemembers’ court pursuant to s. 394.47891, s. 948.08,
 6493  s. 948.16, or s. 948.21; a mental health court program pursuant
 6494  to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16;
 6495  or a delinquency pretrial intervention court program pursuant to
 6496  s. 985.345.
 6497         (b) Any person eligible for participation in a problem
 6498  solving court shall, upon request by the person or a court, have
 6499  the case transferred to a county other than that in which the
 6500  charge arose if the person agrees to the transfer, the
 6501  authorized representative of the trial court consults with the
 6502  authorized representative of the problem-solving court in the
 6503  county to which transfer is desired, and both representatives
 6504  agree to the transfer.
 6505         (c) If all parties agree to the transfer as required by
 6506  paragraph (b), the trial court shall enter a transfer order
 6507  directing the clerk to transfer the case to the county which has
 6508  accepted the defendant into its problem-solving court.
 6509         (d)1. When transferring a pretrial problem-solving court
 6510  case, the transfer order shall include a copy of the probable
 6511  cause affidavit; any charging documents in the case; all
 6512  reports, witness statements, test results, evidence lists, and
 6513  other documents in the case; the defendant’s mailing address and
 6514  telephone number; and the defendant’s written consent to abide
 6515  by the rules and procedures of the receiving county’s problem
 6516  solving court.
 6517         2. When transferring a postadjudicatory problem-solving
 6518  court case, the transfer order shall include a copy of the
 6519  charging documents in the case; the final disposition; all
 6520  reports, test results, and other documents in the case; the
 6521  defendant’s mailing address and telephone number; and the
 6522  defendant’s written consent to abide by the rules and procedures
 6523  of the receiving county’s problem-solving court.
 6524         (e) After the transfer takes place, the receiving clerk
 6525  shall set the matter for a hearing before the problem-solving
 6526  court in the receiving jurisdiction to ensure the defendant’s
 6527  entry into the problem-solving court.
 6528         (f) Upon successful completion of the problem-solving court
 6529  program, the jurisdiction to which the case has been transferred
 6530  shall dispose of the case. If the defendant does not complete
 6531  the problem-solving court program successfully, the jurisdiction
 6532  to which the case has been transferred shall dispose of the case
 6533  within the guidelines of the Criminal Punishment Code.
 6534         Section 97. For the purpose of incorporating the amendment
 6535  made by this act to section 509.151, Florida Statutes, in a
 6536  reference thereto, section 509.161, Florida Statutes, is
 6537  reenacted to read:
 6538         509.161 Rules of evidence in prosecutions.—In prosecutions
 6539  under s. 509.151, proof that lodging, food, or other
 6540  accommodations were obtained by false pretense; by false or
 6541  fictitious show of baggage or other property; by absconding
 6542  without paying or offering to pay for such food, lodging, or
 6543  accommodations; or by surreptitiously removing or attempting to
 6544  remove baggage shall constitute prima facie evidence of
 6545  fraudulent intent. If the operator of the establishment has
 6546  probable cause to believe, and does believe, that any person has
 6547  obtained food, lodging, or other accommodations at such
 6548  establishment with intent to defraud the operator thereof, the
 6549  failure to make payment upon demand therefor, there being no
 6550  dispute as to the amount owed, shall constitute prima facie
 6551  evidence of fraudulent intent in such prosecutions.
 6552         Section 98. For the purpose of incorporating the amendment
 6553  made by this act to section 784.048, Florida Statutes, in a
 6554  reference thereto, paragraph (c) of subsection (2) of section
 6555  790.065, Florida Statutes, is reenacted to read:
 6556         790.065 Sale and delivery of firearms.—
 6557         (2) Upon receipt of a request for a criminal history record
 6558  check, the Department of Law Enforcement shall, during the
 6559  licensee’s call or by return call, forthwith:
 6560         (c)1. Review any records available to it to determine
 6561  whether the potential buyer or transferee has been indicted or
 6562  has had an information filed against her or him for an offense
 6563  that is a felony under either state or federal law, or, as
 6564  mandated by federal law, has had an injunction for protection
 6565  against domestic violence entered against the potential buyer or
 6566  transferee under s. 741.30, has had an injunction for protection
 6567  against repeat violence entered against the potential buyer or
 6568  transferee under s. 784.046, or has been arrested for a
 6569  dangerous crime as specified in s. 907.041(4)(a) or for any of
 6570  the following enumerated offenses:
 6571         a. Criminal anarchy under ss. 876.01 and 876.02.
 6572         b. Extortion under s. 836.05.
 6573         c. Explosives violations under s. 552.22(1) and (2).
 6574         d. Controlled substances violations under chapter 893.
 6575         e. Resisting an officer with violence under s. 843.01.
 6576         f. Weapons and firearms violations under this chapter.
 6577         g. Treason under s. 876.32.
 6578         h. Assisting self-murder under s. 782.08.
 6579         i. Sabotage under s. 876.38.
 6580         j. Stalking or aggravated stalking under s. 784.048.
 6581  
 6582  If the review indicates any such indictment, information, or
 6583  arrest, the department shall provide to the licensee a
 6584  conditional nonapproval number.
 6585         2. Within 24 working hours, the department shall determine
 6586  the disposition of the indictment, information, or arrest and
 6587  inform the licensee as to whether the potential buyer is
 6588  prohibited from receiving or possessing a firearm. For purposes
 6589  of this paragraph, “working hours” means the hours from 8 a.m.
 6590  to 5 p.m. Monday through Friday, excluding legal holidays.
 6591         3. The office of the clerk of court, at no charge to the
 6592  department, shall respond to any department request for data on
 6593  the disposition of the indictment, information, or arrest as
 6594  soon as possible, but in no event later than 8 working hours.
 6595         4. The department shall determine as quickly as possible
 6596  within the allotted time period whether the potential buyer is
 6597  prohibited from receiving or possessing a firearm.
 6598         5. If the potential buyer is not so prohibited, or if the
 6599  department cannot determine the disposition information within
 6600  the allotted time period, the department shall provide the
 6601  licensee with a conditional approval number.
 6602         6. If the buyer is so prohibited, the conditional
 6603  nonapproval number shall become a nonapproval number.
 6604         7. The department shall continue its attempts to obtain the
 6605  disposition information and may retain a record of all approval
 6606  numbers granted without sufficient disposition information. If
 6607  the department later obtains disposition information which
 6608  indicates:
 6609         a. That the potential buyer is not prohibited from owning a
 6610  firearm, it shall treat the record of the transaction in
 6611  accordance with this section; or
 6612         b. That the potential buyer is prohibited from owning a
 6613  firearm, it shall immediately revoke the conditional approval
 6614  number and notify local law enforcement.
 6615         8. During the time that disposition of the indictment,
 6616  information, or arrest is pending and until the department is
 6617  notified by the potential buyer that there has been a final
 6618  disposition of the indictment, information, or arrest, the
 6619  conditional nonapproval number shall remain in effect.
 6620         Section 99. For the purpose of incorporating the amendment
 6621  made by this act to section 784.048, Florida Statutes, in a
 6622  reference thereto, subsection (1) of section 794.056, Florida
 6623  Statutes, is reenacted to read:
 6624         794.056 Rape Crisis Program Trust Fund.—
 6625         (1) The Rape Crisis Program Trust Fund is created within
 6626  the Department of Health for the purpose of providing funds for
 6627  rape crisis centers in this state. Trust fund moneys shall be
 6628  used exclusively for the purpose of providing services for
 6629  victims of sexual assault. Funds credited to the trust fund
 6630  consist of those funds collected as an additional court
 6631  assessment in each case in which a defendant pleads guilty or
 6632  nolo contendere to, or is found guilty of, regardless of
 6633  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 6634  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 6635  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 6636  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 6637  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 6638  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 6639  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 6640  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 6641  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
 6642  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
 6643  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
 6644  fund also shall include revenues provided by law, moneys
 6645  appropriated by the Legislature, and grants from public or
 6646  private entities.
 6647         Section 100. For the purpose of incorporating the amendment
 6648  made by this act to section 784.048, Florida Statutes, in a
 6649  reference thereto, subsection (4) of section 847.0141, Florida
 6650  Statutes, is reenacted to read:
 6651         847.0141 Sexting; prohibited acts; penalties.—
 6652         (4) This section does not prohibit the prosecution of a
 6653  minor for a violation of any law of this state if the photograph
 6654  or video that depicts nudity also includes the depiction of
 6655  sexual conduct or sexual excitement, and does not prohibit the
 6656  prosecution of a minor for stalking under s. 784.048.
 6657         Section 101. For the purpose of incorporating the amendment
 6658  made by this act to section 784.048, Florida Statutes, in a
 6659  reference thereto, subsection (5) of section 901.41, Florida
 6660  Statutes, is reenacted to read:
 6661         901.41 Prearrest diversion programs.—
 6662         (5) ELIGIBILITY.—A violent misdemeanor, a misdemeanor crime
 6663  of domestic violence, as defined in s. 741.28, or a misdemeanor
 6664  under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048,
 6665  s. 784.0487, or s. 784.049 does not qualify for a civil citation
 6666  or prearrest diversion program.
 6667         Section 102. For the purpose of incorporating the amendment
 6668  made by this act to section 784.048, Florida Statutes, in a
 6669  reference thereto, section 938.08, Florida Statutes, is
 6670  reenacted to read:
 6671         938.08 Additional cost to fund programs in domestic
 6672  violence.—In addition to any sanction imposed for a violation of
 6673  s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s.
 6674  784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
 6675  784.083, s. 784.085, s. 794.011, or for any offense of domestic
 6676  violence described in s. 741.28, the court shall impose a
 6677  surcharge of $201. Payment of the surcharge shall be a condition
 6678  of probation, community control, or any other court-ordered
 6679  supervision. The sum of $85 of the surcharge shall be deposited
 6680  into the Domestic Violence Trust Fund established in s. 741.01.
 6681  The clerk of the court shall retain $1 of each surcharge that
 6682  the clerk of the court collects as a service charge of the
 6683  clerk’s office. The remainder of the surcharge shall be provided
 6684  to the governing board of the county and must be used only to
 6685  defray the costs of incarcerating persons sentenced under s.
 6686  741.283 and provide additional training to law enforcement
 6687  personnel in combating domestic violence.
 6688         Section 103. For the purpose of incorporating the amendment
 6689  made by this act to section 784.048, Florida Statutes, in a
 6690  reference thereto, section 938.085, Florida Statutes, is
 6691  reenacted to read:
 6692         938.085 Additional cost to fund rape crisis centers.—In
 6693  addition to any sanction imposed when a person pleads guilty or
 6694  nolo contendere to, or is found guilty of, regardless of
 6695  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 6696  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 6697  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 6698  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 6699  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 6700  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 6701  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 6702  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 6703  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 6704  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 6705  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 6706  $151. Payment of the surcharge shall be a condition of
 6707  probation, community control, or any other court-ordered
 6708  supervision. The sum of $150 of the surcharge shall be deposited
 6709  into the Rape Crisis Program Trust Fund established within the
 6710  Department of Health by chapter 2003-140, Laws of Florida. The
 6711  clerk of the court shall retain $1 of each surcharge that the
 6712  clerk of the court collects as a service charge of the clerk’s
 6713  office.
 6714         Section 104. For the purpose of incorporating the amendment
 6715  made by this act to section 784.048, Florida Statutes, in a
 6716  reference thereto, paragraph (g) of subsection (2) of section
 6717  943.325, Florida Statutes, is reenacted to read:
 6718         943.325 DNA database.—
 6719         (2) DEFINITIONS.—As used in this section, the term:
 6720         (g) “Qualifying offender” means any person, including
 6721  juveniles and adults, who is:
 6722         1.a. Committed to a county jail;
 6723         b. Committed to or under the supervision of the Department
 6724  of Corrections, including persons incarcerated in a private
 6725  correctional institution operated under contract pursuant to s.
 6726  944.105;
 6727         c. Committed to or under the supervision of the Department
 6728  of Juvenile Justice;
 6729         d. Transferred to this state under the Interstate Compact
 6730  on Juveniles, part XIII of chapter 985; or
 6731         e. Accepted under Article IV of the Interstate Corrections
 6732  Compact, part III of chapter 941; and who is:
 6733         2.a. Convicted of any felony offense or attempted felony
 6734  offense in this state or of a similar offense in another
 6735  jurisdiction;
 6736         b. Convicted of a misdemeanor violation of s. 784.048, s.
 6737  810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
 6738  offense that was found, pursuant to s. 874.04, to have been
 6739  committed for the purpose of benefiting, promoting, or
 6740  furthering the interests of a criminal gang as defined in s.
 6741  874.03; or
 6742         c. Arrested for any felony offense or attempted felony
 6743  offense in this state.
 6744         Section 105. For the purpose of incorporating the amendment
 6745  made by this act to section 784.048, Florida Statutes, in a
 6746  reference thereto, paragraph (c) of subsection (8) of section
 6747  948.06, Florida Statutes, is reenacted to read:
 6748         948.06 Violation of probation or community control;
 6749  revocation; modification; continuance; failure to pay
 6750  restitution or cost of supervision.—
 6751         (8)
 6752         (c) For purposes of this section, the term “qualifying
 6753  offense” means any of the following:
 6754         1. Kidnapping or attempted kidnapping under s. 787.01,
 6755  false imprisonment of a child under the age of 13 under s.
 6756  787.02(3), or luring or enticing a child under s. 787.025(2)(b)
 6757  or (c).
 6758         2. Murder or attempted murder under s. 782.04, attempted
 6759  felony murder under s. 782.051, or manslaughter under s. 782.07.
 6760         3. Aggravated battery or attempted aggravated battery under
 6761  s. 784.045.
 6762         4. Sexual battery or attempted sexual battery under s.
 6763  794.011(2), (3), (4), or (8)(b) or (c).
 6764         5. Lewd or lascivious battery or attempted lewd or
 6765  lascivious battery under s. 800.04(4), lewd or lascivious
 6766  molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
 6767  conduct under s. 800.04(6)(b), lewd or lascivious exhibition
 6768  under s. 800.04(7)(b), or lewd or lascivious exhibition on
 6769  computer under s. 847.0135(5)(b).
 6770         6. Robbery or attempted robbery under s. 812.13, carjacking
 6771  or attempted carjacking under s. 812.133, or home invasion
 6772  robbery or attempted home invasion robbery under s. 812.135.
 6773         7. Lewd or lascivious offense upon or in the presence of an
 6774  elderly or disabled person or attempted lewd or lascivious
 6775  offense upon or in the presence of an elderly or disabled person
 6776  under s. 825.1025.
 6777         8. Sexual performance by a child or attempted sexual
 6778  performance by a child under s. 827.071.
 6779         9. Computer pornography under s. 847.0135(2) or (3),
 6780  transmission of child pornography under s. 847.0137, or selling
 6781  or buying of minors under s. 847.0145.
 6782         10. Poisoning food or water under s. 859.01.
 6783         11. Abuse of a dead human body under s. 872.06.
 6784         12. Any burglary offense or attempted burglary offense that
 6785  is either a first degree felony or second degree felony under s.
 6786  810.02(2) or (3).
 6787         13. Arson or attempted arson under s. 806.01(1).
 6788         14. Aggravated assault under s. 784.021.
 6789         15. Aggravated stalking under s. 784.048(3), (4), (5), or
 6790  (7).
 6791         16. Aircraft piracy under s. 860.16.
 6792         17. Unlawful throwing, placing, or discharging of a
 6793  destructive device or bomb under s. 790.161(2), (3), or (4).
 6794         18. Treason under s. 876.32.
 6795         19. Any offense committed in another jurisdiction which
 6796  would be an offense listed in this paragraph if that offense had
 6797  been committed in this state.
 6798         Section 106. For the purpose of incorporating the amendment
 6799  made by this act to section 784.048, Florida Statutes, in a
 6800  reference thereto, subsection (1) of section 948.062, Florida
 6801  Statutes, is reenacted to read:
 6802         948.062 Reviewing and reporting serious offenses committed
 6803  by offenders placed on probation or community control.—
 6804         (1) The department shall review the circumstances related
 6805  to an offender placed on probation or community control who has
 6806  been arrested while on supervision for the following offenses:
 6807         (a) Any murder as provided in s. 782.04;
 6808         (b) Any sexual battery as provided in s. 794.011 or s.
 6809  794.023;
 6810         (c) Any sexual performance by a child as provided in s.
 6811  827.071;
 6812         (d) Any kidnapping, false imprisonment, or luring of a
 6813  child as provided in s. 787.01, s. 787.02, or s. 787.025;
 6814         (e) Any lewd and lascivious battery or lewd and lascivious
 6815  molestation as provided in s. 800.04(4) or (5);
 6816         (f) Any aggravated child abuse as provided in s.
 6817  827.03(2)(a);
 6818         (g) Any robbery with a firearm or other deadly weapon, home
 6819  invasion robbery, or carjacking as provided in s. 812.13(2)(a),
 6820  s. 812.135, or s. 812.133;
 6821         (h) Any aggravated stalking as provided in s. 784.048(3),
 6822  (4), or (5);
 6823         (i) Any forcible felony as provided in s. 776.08, committed
 6824  by a person on probation or community control who is designated
 6825  as a sexual predator; or
 6826         (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
 6827  or vehicular or vessel homicide as provided in s. 782.071 or s.
 6828  782.072, committed by a person who is on probation or community
 6829  control for an offense involving death or injury resulting from
 6830  a driving incident.
 6831         Section 107. For the purpose of incorporating the amendment
 6832  made by this act to section 784.048, Florida Statutes, in a
 6833  reference thereto, paragraph (b) of subsection (1) of section
 6834  960.001, Florida Statutes, is reenacted to read:
 6835         960.001 Guidelines for fair treatment of victims and
 6836  witnesses in the criminal justice and juvenile justice systems.—
 6837         (1) The Department of Legal Affairs, the state attorneys,
 6838  the Department of Corrections, the Department of Juvenile
 6839  Justice, the Florida Commission on Offender Review, the State
 6840  Courts Administrator and circuit court administrators, the
 6841  Department of Law Enforcement, and every sheriff’s department,
 6842  police department, or other law enforcement agency as defined in
 6843  s. 943.10(4) shall develop and implement guidelines for the use
 6844  of their respective agencies, which guidelines are consistent
 6845  with the purposes of this act and s. 16(b), Art. I of the State
 6846  Constitution and are designed to implement s. 16(b), Art. I of
 6847  the State Constitution and to achieve the following objectives:
 6848         (b) Information for purposes of notifying victim or
 6849  appropriate next of kin of victim or other designated contact of
 6850  victim.—In the case of a homicide, pursuant to chapter 782; or a
 6851  sexual offense, pursuant to chapter 794; or an attempted murder
 6852  or sexual offense, pursuant to chapter 777; or stalking,
 6853  pursuant to s. 784.048; or domestic violence, pursuant to s.
 6854  25.385:
 6855         1. The arresting law enforcement officer or personnel of an
 6856  organization that provides assistance to a victim or to the
 6857  appropriate next of kin of the victim or other designated
 6858  contact must request that the victim or appropriate next of kin
 6859  of the victim or other designated contact complete a victim
 6860  notification card. However, the victim or appropriate next of
 6861  kin of the victim or other designated contact may choose not to
 6862  complete the victim notification card.
 6863         2. Unless the victim or the appropriate next of kin of the
 6864  victim or other designated contact waives the option to complete
 6865  the victim notification card, a copy of the victim notification
 6866  card must be filed with the incident report or warrant in the
 6867  sheriff’s office of the jurisdiction in which the incident
 6868  report or warrant originated. The notification card shall, at a
 6869  minimum, consist of:
 6870         a. The name, address, and phone number of the victim; or
 6871         b. The name, address, and phone number of the appropriate
 6872  next of kin of the victim; or
 6873         c. The name, address, and telephone number of a designated
 6874  contact other than the victim or appropriate next of kin of the
 6875  victim; and
 6876         d. Any relevant identification or case numbers assigned to
 6877  the case.
 6878         3. The chief administrator, or a person designated by the
 6879  chief administrator, of a county jail, municipal jail, juvenile
 6880  detention facility, or residential commitment facility shall
 6881  make a reasonable attempt to notify the alleged victim or
 6882  appropriate next of kin of the alleged victim or other
 6883  designated contact within 4 hours following the release of the
 6884  defendant on bail or, in the case of a juvenile offender, upon
 6885  the release from residential detention or commitment. If the
 6886  chief administrator, or designee, is unable to contact the
 6887  alleged victim or appropriate next of kin of the alleged victim
 6888  or other designated contact by telephone, the chief
 6889  administrator, or designee, must send to the alleged victim or
 6890  appropriate next of kin of the alleged victim or other
 6891  designated contact a written notification of the defendant’s
 6892  release.
 6893         4. Unless otherwise requested by the victim or the
 6894  appropriate next of kin of the victim or other designated
 6895  contact, the information contained on the victim notification
 6896  card must be sent by the chief administrator, or designee, of
 6897  the appropriate facility to the subsequent correctional or
 6898  residential commitment facility following the sentencing and
 6899  incarceration of the defendant, and unless otherwise requested
 6900  by the victim or the appropriate next of kin of the victim or
 6901  other designated contact, he or she must be notified of the
 6902  release of the defendant from incarceration as provided by law.
 6903         5. If the defendant was arrested pursuant to a warrant
 6904  issued or taken into custody pursuant to s. 985.101 in a
 6905  jurisdiction other than the jurisdiction in which the defendant
 6906  is being released, and the alleged victim or appropriate next of
 6907  kin of the alleged victim or other designated contact does not
 6908  waive the option for notification of release, the chief
 6909  correctional officer or chief administrator of the facility
 6910  releasing the defendant shall make a reasonable attempt to
 6911  immediately notify the chief correctional officer of the
 6912  jurisdiction in which the warrant was issued or the juvenile was
 6913  taken into custody pursuant to s. 985.101, and the chief
 6914  correctional officer of that jurisdiction shall make a
 6915  reasonable attempt to notify the alleged victim or appropriate
 6916  next of kin of the alleged victim or other designated contact,
 6917  as provided in this paragraph, that the defendant has been or
 6918  will be released.
 6919         Section 108. For the purpose of incorporating the amendment
 6920  made by this act to section 784.048, Florida Statutes, in a
 6921  reference thereto, paragraph (b) of subsection (3) of section
 6922  985.265, Florida Statutes, is reenacted to read:
 6923         985.265 Detention transfer and release; education; adult
 6924  jails.—
 6925         (3)
 6926         (b) When a juvenile is released from secure detention or
 6927  transferred to nonsecure detention, detention staff shall
 6928  immediately notify the appropriate law enforcement agency,
 6929  school personnel, and victim if the juvenile is charged with
 6930  committing any of the following offenses or attempting to commit
 6931  any of the following offenses:
 6932         1. Murder, under s. 782.04;
 6933         2. Sexual battery, under chapter 794;
 6934         3. Stalking, under s. 784.048; or
 6935         4. Domestic violence, as defined in s. 741.28.
 6936         Section 109. For the purpose of incorporating the amendment
 6937  made by this act to section 784.048, Florida Statutes, in a
 6938  reference thereto, paragraph (e) of subsection (3) of section
 6939  1006.147, Florida Statutes, is reenacted to read:
 6940         1006.147 Bullying and harassment prohibited.—
 6941         (3) For purposes of this section:
 6942         (e) Definitions in s. 815.03 and the definition in s.
 6943  784.048(1)(d) relating to stalking are applicable to this
 6944  section.
 6945         Section 110. For the purpose of incorporating the amendment
 6946  made by this act to section 806.13, Florida Statutes, in a
 6947  reference thereto, subsection (1) of section 316.0775, Florida
 6948  Statutes, is reenacted to read:
 6949         316.0775 Interference with official traffic control devices
 6950  or railroad signs or signals.—
 6951         (1) A person may not, without lawful authority, attempt to
 6952  or in fact alter, deface, injure, knock down, or remove any
 6953  official traffic control device or any railroad sign or signal
 6954  or any inscription, shield, or insignia thereon, or any other
 6955  part thereof. A violation of this subsection is a criminal
 6956  violation pursuant to s. 318.17 and shall be punishable as set
 6957  forth in s. 806.13 related to criminal mischief and graffiti,
 6958  beginning on or after July 1, 2000.
 6959         Section 111. For the purpose of incorporating the amendment
 6960  made by this act to section 812.014, Florida Statutes, in a
 6961  reference thereto, subsection (10) of section 95.18, Florida
 6962  Statutes, is reenacted to read:
 6963         95.18 Real property actions; adverse possession without
 6964  color of title.—
 6965         (10) A person who occupies or attempts to occupy a
 6966  residential structure solely by claim of adverse possession
 6967  under this section and offers the property for lease to another
 6968  commits theft under s. 812.014.
 6969         Section 112. For the purpose of incorporating the amendment
 6970  made by this act to section 812.014, Florida Statutes, in a
 6971  reference thereto, paragraph (c) of subsection (3) of section
 6972  373.6055, Florida Statutes, is reenacted to read:
 6973         373.6055 Criminal history checks for certain water
 6974  management district employees and others.—
 6975         (3)
 6976         (c) In addition to other requirements for employment or
 6977  access established by any water management district pursuant to
 6978  its water management district’s security plan for buildings,
 6979  facilities, and structures, each water management district’s
 6980  security plan shall provide that:
 6981         1. Any person who has within the past 7 years been
 6982  convicted, regardless of whether adjudication was withheld, for
 6983  a forcible felony as defined in s. 776.08; an act of terrorism
 6984  as defined in s. 775.30; planting of a hoax bomb as provided in
 6985  s. 790.165; any violation involving the manufacture, possession,
 6986  sale, delivery, display, use, or attempted or threatened use of
 6987  a weapon of mass destruction or hoax weapon of mass destruction
 6988  as provided in s. 790.166; dealing in stolen property; any
 6989  violation of s. 893.135; any violation involving the sale,
 6990  manufacturing, delivery, or possession with intent to sell,
 6991  manufacture, or deliver a controlled substance; burglary;
 6992  robbery; any felony violation of s. 812.014; any violation of s.
 6993  790.07; any crime an element of which includes use or possession
 6994  of a firearm; any conviction for any similar offenses under the
 6995  laws of another jurisdiction; or conviction for conspiracy to
 6996  commit any of the listed offenses may not be qualified for
 6997  initial employment within or authorized regular access to
 6998  buildings, facilities, or structures defined in the water
 6999  management district’s security plan as restricted access areas.
 7000         2. Any person who has at any time been convicted of any of
 7001  the offenses listed in subparagraph 1. may not be qualified for
 7002  initial employment within or authorized regular access to
 7003  buildings, facilities, or structures defined in the water
 7004  management district’s security plan as restricted access areas
 7005  unless, after release from incarceration and any supervision
 7006  imposed as a sentence, the person remained free from a
 7007  subsequent conviction, regardless of whether adjudication was
 7008  withheld, for any of the listed offenses for a period of at
 7009  least 7 years prior to the employment or access date under
 7010  consideration.
 7011         Section 113. For the purpose of incorporating the amendment
 7012  made by this act to section 812.014, Florida Statutes, in a
 7013  reference thereto, subsection (3) of section 400.9935, Florida
 7014  Statutes, is reenacted to read:
 7015         400.9935 Clinic responsibilities.—
 7016         (3) A charge or reimbursement claim made by or on behalf of
 7017  a clinic that is required to be licensed under this part but
 7018  that is not so licensed, or that is otherwise operating in
 7019  violation of this part, regardless of whether a service is
 7020  rendered or whether the charge or reimbursement claim is paid,
 7021  is an unlawful charge and is noncompensable and unenforceable. A
 7022  person who knowingly makes or causes to be made an unlawful
 7023  charge commits theft within the meaning of and punishable as
 7024  provided in s. 812.014.
 7025         Section 114. For the purpose of incorporating the amendment
 7026  made by this act to section 812.014, Florida Statutes, in a
 7027  reference thereto, subsection (10) of section 550.6305, Florida
 7028  Statutes, is reenacted to read:
 7029         550.6305 Intertrack wagering; guest track payments;
 7030  accounting rules.—
 7031         (10) All races or games conducted at a permitholder’s
 7032  facility, all broadcasts of such races or games, and all
 7033  broadcast rights relating thereto are owned by the permitholder
 7034  at whose facility such races or games are conducted and
 7035  constitute the permitholder’s property as defined in s.
 7036  812.012(4). Transmission, reception of a transmission,
 7037  exhibition, use, or other appropriation of such races or games,
 7038  broadcasts of such races or games, or broadcast rights relating
 7039  thereto without the written consent of the permitholder
 7040  constitutes a theft of such property under s. 812.014; and in
 7041  addition to the penal sanctions contained in s. 812.014, the
 7042  permitholder has the right to avail itself of the civil remedies
 7043  specified in ss. 772.104, 772.11, and 812.035 in addition to any
 7044  other remedies available under applicable state or federal law.
 7045         Section 115. For the purpose of incorporating the amendment
 7046  made by this act to section 812.014, Florida Statutes, in a
 7047  reference thereto, subsection (2) of section 627.743, Florida
 7048  Statutes, is reenacted to read:
 7049         627.743 Payment of third-party claims.—
 7050         (2) When making any payment on a third party claim for
 7051  damage to an automobile for a partial loss, the insurer shall
 7052  have printed on the loss estimate, if prepared by the insurer,
 7053  the following: “Failure to use the insurance proceeds in
 7054  accordance with the security agreement, if any, could be a
 7055  violation of s. 812.014, Florida Statutes. If you have any
 7056  questions, contact your lending institution.” However, this
 7057  subsection does not apply if the insurer does not prepare the
 7058  loss estimate.
 7059         Section 116. For the purpose of incorporating the amendment
 7060  made by this act to section 812.014, Florida Statutes, in a
 7061  reference thereto, subsection (2) of section 634.421, Florida
 7062  Statutes, is reenacted to read:
 7063         634.421 Reporting and accounting for funds.—
 7064         (2) Any sales representative who, not being entitled
 7065  thereto, diverts or appropriates funds or any portion thereof to
 7066  her or his own use commits theft as provided in s. 812.014.
 7067         Section 117. For the purpose of incorporating the amendment
 7068  made by this act to section 812.014, Florida Statutes, in a
 7069  reference thereto, subsection (2) of section 642.038, Florida
 7070  Statutes, is reenacted to read:
 7071         642.038 Reporting and accounting for funds.—
 7072         (2) Any sales representative who, not being entitled
 7073  thereto, diverts or appropriates such funds or any portion
 7074  thereof to his or her own use commits theft as provided in s.
 7075  812.014.
 7076         Section 118. For the purpose of incorporating the amendment
 7077  made by this act to section 812.014, Florida Statutes, in a
 7078  reference thereto, subsection (4) of section 705.102, Florida
 7079  Statutes, is reenacted to read:
 7080         705.102 Reporting lost or abandoned property.—
 7081         (4) Any person who unlawfully appropriates such lost or
 7082  abandoned property to his or her own use or refuses to deliver
 7083  such property when required commits theft as defined in s.
 7084  812.014, punishable as provided in s. 775.082, s. 775.083, or s.
 7085  775.084.
 7086         Section 119. For the purpose of incorporating the amendment
 7087  made by this act to section 812.014, Florida Statutes, in a
 7088  reference thereto, subsection (7) of section 812.14, Florida
 7089  Statutes, is reenacted to read:
 7090         812.14 Trespass and larceny with relation to utility
 7091  fixtures; theft of utility services.—
 7092         (7) An owner, lessor, or sublessor who willfully violates
 7093  subsection (5) commits a misdemeanor of the first degree,
 7094  punishable as provided in s. 775.082 or s. 775.083. Prosecution
 7095  for a violation of subsection (5) does not preclude prosecution
 7096  for theft pursuant to subsection (8) or s. 812.014.
 7097         Section 120. For the purpose of incorporating the amendment
 7098  made by this act to section 812.014, Florida Statutes, in a
 7099  reference thereto, subsection (3) of section 893.138, Florida
 7100  Statutes, is reenacted to read:
 7101         893.138 Local administrative action to abate drug-related,
 7102  prostitution-related, or stolen-property-related public
 7103  nuisances and criminal gang activity.—
 7104         (3) Any pain-management clinic, as described in s. 458.3265
 7105  or s. 459.0137, which has been used on more than two occasions
 7106  within a 6-month period as the site of a violation of:
 7107         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
 7108  relating to assault and battery;
 7109         (b) Section 810.02, relating to burglary;
 7110         (c) Section 812.014, relating to theft;
 7111         (d) Section 812.131, relating to robbery by sudden
 7112  snatching; or
 7113         (e) Section 893.13, relating to the unlawful distribution
 7114  of controlled substances,
 7115  
 7116  may be declared to be a public nuisance, and such nuisance may
 7117  be abated pursuant to the procedures provided in this section.
 7118         Section 121. For the purpose of incorporating the amendment
 7119  made by this act to section 812.015, Florida Statutes, in a
 7120  reference thereto, subsection (5) of section 538.09, Florida
 7121  Statutes, is reenacted to read:
 7122         538.09 Registration.—
 7123         (5) In addition to the fine provided in subsection (4),
 7124  registration under this section may be denied or any
 7125  registration granted may be revoked, restricted, or suspended by
 7126  the department if the department determines that the applicant
 7127  or registrant:
 7128         (a) Has violated any provision of this chapter or any rule
 7129  or order made pursuant to this chapter;
 7130         (b) Has made a material false statement in the application
 7131  for registration;
 7132         (c) Has been guilty of a fraudulent act in connection with
 7133  any purchase or sale or has been or is engaged in or is about to
 7134  engage in any practice, purchase, or sale which is fraudulent or
 7135  in violation of the law;
 7136         (d) Has made a misrepresentation or false statement to, or
 7137  concealed any essential or material fact from, any person in
 7138  making any purchase or sale;
 7139         (e) Is making purchases or sales through any business
 7140  associate not registered in compliance with the provisions of
 7141  this chapter;
 7142         (f) Has, within the preceding 10-year period for new
 7143  registrants who apply for registration on or after October 1,
 7144  2006, been convicted of, or has entered a plea of guilty or nolo
 7145  contendere to, or had adjudication withheld for, a crime against
 7146  the laws of this state or any other state or of the United
 7147  States which relates to registration as a secondhand dealer or
 7148  which involves theft, larceny, dealing in stolen property,
 7149  receiving stolen property, burglary, embezzlement, obtaining
 7150  property by false pretenses, possession of altered property, any
 7151  felony drug offense, any violation of s. 812.015, or any
 7152  fraudulent dealing;
 7153         (g) Has had a final judgment entered against her or him in
 7154  a civil action upon grounds of fraud, embezzlement,
 7155  misrepresentation, or deceit; or
 7156         (h) Has failed to pay any sales tax owed to the Department
 7157  of Revenue.
 7158  
 7159  In the event the department determines to deny an application or
 7160  revoke a registration, it shall enter a final order with its
 7161  findings on the register of secondhand dealers and their
 7162  business associates, if any; and denial, suspension, or
 7163  revocation of the registration of a secondhand dealer shall also
 7164  deny, suspend, or revoke the registration of such secondhand
 7165  dealer’s business associates.
 7166         Section 122. For the purpose of incorporating the amendment
 7167  made by this act to section 812.015, Florida Statutes, in a
 7168  reference thereto, subsection (2) of section 538.23, Florida
 7169  Statutes, is reenacted to read:
 7170         538.23 Violations and penalties.—
 7171         (2) A secondary metals recycler is presumed to know upon
 7172  receipt of stolen regulated metals property in a purchase
 7173  transaction that the regulated metals property has been stolen
 7174  from another if the secondary metals recycler knowingly and
 7175  intentionally fails to maintain the information required in s.
 7176  538.19 and shall, upon conviction of a violation of s. 812.015,
 7177  be punished as provided in s. 812.014(2) or (3).
 7178         Section 123. For the purpose of incorporating the amendment
 7179  made by this act to section 815.03, Florida Statutes, in a
 7180  reference thereto, paragraph (e) of subsection (3) of section
 7181  1006.147, Florida Statutes, is reenacted to read:
 7182         1006.147 Bullying and harassment prohibited.—
 7183         (3) For purposes of this section:
 7184         (e) Definitions in s. 815.03 and the definition in s.
 7185  784.048(1)(d) relating to stalking are applicable to this
 7186  section.
 7187         Section 124. For the purpose of incorporating the amendment
 7188  made by this act to section 815.06, Florida Statutes, in a
 7189  reference thereto, subsection (2) of section 316.80, Florida
 7190  Statutes, is reenacted to read:
 7191         316.80 Unlawful conveyance of fuel; obtaining fuel
 7192  fraudulently.—
 7193         (2) A person who violates subsection (1) commits a felony
 7194  of the second degree, punishable as provided in s. 775.082, s.
 7195  775.083, or s. 775.084, if he or she has attempted to or has
 7196  fraudulently obtained motor or diesel fuel by:
 7197         (a) Presenting a credit card or a credit card account
 7198  number in violation of ss. 817.57-817.685;
 7199         (b) Using unauthorized access to any computer network in
 7200  violation of s. 815.06; or
 7201         (c) Using a fraudulently scanned or lost or stolen payment
 7202  access device, whether credit card or contactless device.
 7203         Section 125. For the purpose of incorporating the amendment
 7204  made by this act to section 815.06, Florida Statutes, in
 7205  references thereto, subsections (1) and (2) of section 775.30,
 7206  Florida Statutes, are reenacted to read:
 7207         775.30 Terrorism; defined; penalties.—
 7208         (1) As used in this chapter and the Florida Criminal Code,
 7209  the terms “terrorism” or “terrorist activity” mean an activity
 7210  that:
 7211         (a) Involves:
 7212         1. A violent act or an act dangerous to human life which is
 7213  a violation of the criminal laws of this state or of the United
 7214  States; or
 7215         2. A violation of s. 815.06; and
 7216         (b) Is intended to:
 7217         1. Intimidate, injure, or coerce a civilian population;
 7218         2. Influence the policy of a government by intimidation or
 7219  coercion; or
 7220         3. Affect the conduct of government through destruction of
 7221  property, assassination, murder, kidnapping, or aircraft piracy.
 7222         (2) A person who violates s. 782.04(1)(a)1. or (2), s.
 7223  782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.
 7224  787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16,
 7225  s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s.
 7226  806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s.
 7227  859.01, or s. 876.34, in furtherance of intimidating or coercing
 7228  the policy of a government, or in furtherance of affecting the
 7229  conduct of a government by mass destruction, assassination, or
 7230  kidnapping, commits the crime of terrorism, a felony of the
 7231  first degree, punishable as provided in s. 775.082, s. 775.083,
 7232  or s. 775.084.
 7233         Section 126. For the purpose of incorporating the amendment
 7234  made by this act to section 815.06, Florida Statutes, in a
 7235  reference thereto, subsection (2) of section 775.33, Florida
 7236  Statutes, is reenacted to read:
 7237         775.33 Providing material support or resources for
 7238  terrorism or to terrorist organizations.—
 7239         (2) A person commits a felony of the first degree,
 7240  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
 7241  if the person:
 7242         (a) Provides material support or resources or conceals or
 7243  disguises the nature, location, source, or ownership of the
 7244  material support or resources, knowing or intending that the
 7245  support or resources are to be used in preparation for or in
 7246  carrying out a violation of s. 775.30, s. 775.32, s. 775.34, s.
 7247  775.35, s. 790.16, s. 790.161(2), (3), or (4), s. 790.166, s.
 7248  790.19, s. 815.06, s. 859.01, s. 860.121, s. 860.16, s. 876.32,
 7249  s. 876.34, or s. 876.36;
 7250         (b) Conceals an escape from the commission of a violation
 7251  of paragraph (a); or
 7252         (c) Attempts or conspires to commit a violation of
 7253  paragraph (a).
 7254         Section 127. For the purpose of incorporating the amendment
 7255  made by this act to section 815.06, Florida Statutes, in a
 7256  reference thereto, subsection (5) of section 782.04, Florida
 7257  Statutes, is reenacted to read:
 7258         782.04 Murder.—
 7259         (5) As used in this section, the term “terrorism” means an
 7260  activity that:
 7261         (a)1. Involves a violent act or an act dangerous to human
 7262  life which is a violation of the criminal laws of this state or
 7263  of the United States; or
 7264         2. Involves a violation of s. 815.06; and
 7265         (b) Is intended to:
 7266         1. Intimidate, injure, or coerce a civilian population;
 7267         2. Influence the policy of a government by intimidation or
 7268  coercion; or
 7269         3. Affect the conduct of government through destruction of
 7270  property, assassination, murder, kidnapping, or aircraft piracy.
 7271         Section 128. For the purpose of incorporating the amendment
 7272  made by this act to section 815.06, Florida Statutes, in a
 7273  reference thereto, subsection (3) of section 934.07, Florida
 7274  Statutes, is reenacted to read:
 7275         934.07 Authorization for interception of wire, oral, or
 7276  electronic communications.—
 7277         (3) As used in this section, the term “terrorism” means an
 7278  activity that:
 7279         (a)1. Involves a violent act or an act dangerous to human
 7280  life which is a violation of the criminal laws of this state or
 7281  of the United States; or
 7282         2. Involves a violation of s. 815.06; and
 7283         (b) Is intended to:
 7284         1. Intimidate, injure, or coerce a civilian population;
 7285         2. Influence the policy of a government by intimidation or
 7286  coercion; or
 7287         3. Affect the conduct of government through destruction of
 7288  property, assassination, murder, kidnapping, or aircraft piracy.
 7289         Section 129. For the purpose of incorporating the amendment
 7290  made by this act to section 847.011, Florida Statutes, in a
 7291  reference thereto, paragraph (a) of subsection (1) of section
 7292  772.102, Florida Statutes, is reenacted to read:
 7293         772.102 Definitions.—As used in this chapter, the term:
 7294         (1) “Criminal activity” means to commit, to attempt to
 7295  commit, to conspire to commit, or to solicit, coerce, or
 7296  intimidate another person to commit:
 7297         (a) Any crime that is chargeable by indictment or
 7298  information under the following provisions:
 7299         1. Section 210.18, relating to evasion of payment of
 7300  cigarette taxes.
 7301         2. Section 414.39, relating to public assistance fraud.
 7302         3. Section 440.105 or s. 440.106, relating to workers’
 7303  compensation.
 7304         4. Part IV of chapter 501, relating to telemarketing.
 7305         5. Chapter 517, relating to securities transactions.
 7306         6. Section 550.235 or s. 550.3551, relating to dogracing
 7307  and horseracing.
 7308         7. Chapter 550, relating to jai alai frontons.
 7309         8. Chapter 552, relating to the manufacture, distribution,
 7310  and use of explosives.
 7311         9. Chapter 562, relating to beverage law enforcement.
 7312         10. Section 624.401, relating to transacting insurance
 7313  without a certificate of authority, s. 624.437(4)(c)1., relating
 7314  to operating an unauthorized multiple-employer welfare
 7315  arrangement, or s. 626.902(1)(b), relating to representing or
 7316  aiding an unauthorized insurer.
 7317         11. Chapter 687, relating to interest and usurious
 7318  practices.
 7319         12. Section 721.08, s. 721.09, or s. 721.13, relating to
 7320  real estate timeshare plans.
 7321         13. Chapter 782, relating to homicide.
 7322         14. Chapter 784, relating to assault and battery.
 7323         15. Chapter 787, relating to kidnapping or human
 7324  trafficking.
 7325         16. Chapter 790, relating to weapons and firearms.
 7326         17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
 7327  relating to prostitution.
 7328         18. Chapter 806, relating to arson.
 7329         19. Section 810.02(2)(c), relating to specified burglary of
 7330  a dwelling or structure.
 7331         20. Chapter 812, relating to theft, robbery, and related
 7332  crimes.
 7333         21. Chapter 815, relating to computer-related crimes.
 7334         22. Chapter 817, relating to fraudulent practices, false
 7335  pretenses, fraud generally, and credit card crimes.
 7336         23. Section 827.071, relating to commercial sexual
 7337  exploitation of children.
 7338         24. Chapter 831, relating to forgery and counterfeiting.
 7339         25. Chapter 832, relating to issuance of worthless checks
 7340  and drafts.
 7341         26. Section 836.05, relating to extortion.
 7342         27. Chapter 837, relating to perjury.
 7343         28. Chapter 838, relating to bribery and misuse of public
 7344  office.
 7345         29. Chapter 843, relating to obstruction of justice.
 7346         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 7347  s. 847.07, relating to obscene literature and profanity.
 7348         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 7349  849.25, relating to gambling.
 7350         32. Chapter 893, relating to drug abuse prevention and
 7351  control.
 7352         33. Section 914.22 or s. 914.23, relating to witnesses,
 7353  victims, or informants.
 7354         34. Section 918.12 or s. 918.13, relating to tampering with
 7355  jurors and evidence.
 7356         Section 130. For the purpose of incorporating the amendment
 7357  made by this act to section 847.011, Florida Statutes, in a
 7358  reference thereto, section 847.02, Florida Statutes, is
 7359  reenacted to read:
 7360         847.02 Confiscation of obscene material.—Whenever anyone is
 7361  convicted under s. 847.011, the court in awarding sentence shall
 7362  make an order confiscating said obscene material and authorize
 7363  the sheriff of the county in which the material is held to
 7364  destroy the same. The sheriff shall file with the court a
 7365  certificate of his or her compliance.
 7366         Section 131. For the purpose of incorporating the amendment
 7367  made by this act to section 847.011, Florida Statutes, in a
 7368  reference thereto, section 847.03, Florida Statutes, is
 7369  reenacted to read:
 7370         847.03 Officer to seize obscene material.—Whenever any
 7371  officer arrests any person charged with any offense under s.
 7372  847.011, the officer shall seize said obscene material and take
 7373  the same into his or her custody to await the sentence of the
 7374  court upon the trial of the offender.
 7375         Section 132. For the purpose of incorporating the amendment
 7376  made by this act to section 847.011, Florida Statutes, in a
 7377  reference thereto, subsection (2) of section 847.09, Florida
 7378  Statutes, is reenacted to read:
 7379         847.09 Legislative intent.—
 7380         (2) Nothing in ss. 847.07-847.09 shall be construed to
 7381  repeal or in any way supersede the provisions of s. 847.011, s.
 7382  847.012, or s. 847.013.
 7383         Section 133. For the purpose of incorporating the amendment
 7384  made by this act to section 847.011, Florida Statutes, in a
 7385  reference thereto, paragraph (a) of subsection (8) of section
 7386  895.02, Florida Statutes, is reenacted to read:
 7387         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
 7388         (8) “Racketeering activity” means to commit, to attempt to
 7389  commit, to conspire to commit, or to solicit, coerce, or
 7390  intimidate another person to commit:
 7391         (a) Any crime that is chargeable by petition, indictment,
 7392  or information under the following provisions of the Florida
 7393  Statutes:
 7394         1. Section 210.18, relating to evasion of payment of
 7395  cigarette taxes.
 7396         2. Section 316.1935, relating to fleeing or attempting to
 7397  elude a law enforcement officer and aggravated fleeing or
 7398  eluding.
 7399         3. Section 403.727(3)(b), relating to environmental
 7400  control.
 7401         4. Section 409.920 or s. 409.9201, relating to Medicaid
 7402  fraud.
 7403         5. Section 414.39, relating to public assistance fraud.
 7404         6. Section 440.105 or s. 440.106, relating to workers’
 7405  compensation.
 7406         7. Section 443.071(4), relating to creation of a fictitious
 7407  employer scheme to commit reemployment assistance fraud.
 7408         8. Section 465.0161, relating to distribution of medicinal
 7409  drugs without a permit as an Internet pharmacy.
 7410         9. Section 499.0051, relating to crimes involving
 7411  contraband, adulterated, or misbranded drugs.
 7412         10. Part IV of chapter 501, relating to telemarketing.
 7413         11. Chapter 517, relating to sale of securities and
 7414  investor protection.
 7415         12. Section 550.235 or s. 550.3551, relating to dogracing
 7416  and horseracing.
 7417         13. Chapter 550, relating to jai alai frontons.
 7418         14. Section 551.109, relating to slot machine gaming.
 7419         15. Chapter 552, relating to the manufacture, distribution,
 7420  and use of explosives.
 7421         16. Chapter 560, relating to money transmitters, if the
 7422  violation is punishable as a felony.
 7423         17. Chapter 562, relating to beverage law enforcement.
 7424         18. Section 624.401, relating to transacting insurance
 7425  without a certificate of authority, s. 624.437(4)(c)1., relating
 7426  to operating an unauthorized multiple-employer welfare
 7427  arrangement, or s. 626.902(1)(b), relating to representing or
 7428  aiding an unauthorized insurer.
 7429         19. Section 655.50, relating to reports of currency
 7430  transactions, when such violation is punishable as a felony.
 7431         20. Chapter 687, relating to interest and usurious
 7432  practices.
 7433         21. Section 721.08, s. 721.09, or s. 721.13, relating to
 7434  real estate timeshare plans.
 7435         22. Section 775.13(5)(b), relating to registration of
 7436  persons found to have committed any offense for the purpose of
 7437  benefiting, promoting, or furthering the interests of a criminal
 7438  gang.
 7439         23. Section 777.03, relating to commission of crimes by
 7440  accessories after the fact.
 7441         24. Chapter 782, relating to homicide.
 7442         25. Chapter 784, relating to assault and battery.
 7443         26. Chapter 787, relating to kidnapping or human
 7444  trafficking.
 7445         27. Chapter 790, relating to weapons and firearms.
 7446         28. Chapter 794, relating to sexual battery, but only if
 7447  such crime was committed with the intent to benefit, promote, or
 7448  further the interests of a criminal gang, or for the purpose of
 7449  increasing a criminal gang member’s own standing or position
 7450  within a criminal gang.
 7451         29. Former s. 796.03, former s. 796.035, s. 796.04, s.
 7452  796.05, or s. 796.07, relating to prostitution.
 7453         30. Chapter 806, relating to arson and criminal mischief.
 7454         31. Chapter 810, relating to burglary and trespass.
 7455         32. Chapter 812, relating to theft, robbery, and related
 7456  crimes.
 7457         33. Chapter 815, relating to computer-related crimes.
 7458         34. Chapter 817, relating to fraudulent practices, false
 7459  pretenses, fraud generally, credit card crimes, and patient
 7460  brokering.
 7461         35. Chapter 825, relating to abuse, neglect, or
 7462  exploitation of an elderly person or disabled adult.
 7463         36. Section 827.071, relating to commercial sexual
 7464  exploitation of children.
 7465         37. Section 828.122, relating to fighting or baiting
 7466  animals.
 7467         38. Chapter 831, relating to forgery and counterfeiting.
 7468         39. Chapter 832, relating to issuance of worthless checks
 7469  and drafts.
 7470         40. Section 836.05, relating to extortion.
 7471         41. Chapter 837, relating to perjury.
 7472         42. Chapter 838, relating to bribery and misuse of public
 7473  office.
 7474         43. Chapter 843, relating to obstruction of justice.
 7475         44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 7476  s. 847.07, relating to obscene literature and profanity.
 7477         45. Chapter 849, relating to gambling, lottery, gambling or
 7478  gaming devices, slot machines, or any of the provisions within
 7479  that chapter.
 7480         46. Chapter 874, relating to criminal gangs.
 7481         47. Chapter 893, relating to drug abuse prevention and
 7482  control.
 7483         48. Chapter 896, relating to offenses related to financial
 7484  transactions.
 7485         49. Sections 914.22 and 914.23, relating to tampering with
 7486  or harassing a witness, victim, or informant, and retaliation
 7487  against a witness, victim, or informant.
 7488         50. Sections 918.12 and 918.13, relating to tampering with
 7489  jurors and evidence.
 7490         Section 134. For the purpose of incorporating the amendment
 7491  made by this act to section 847.011, Florida Statutes, in a
 7492  reference thereto, subsection (2) of section 933.02, Florida
 7493  Statutes, is reenacted to read:
 7494         933.02 Grounds for issuance of search warrant.—Upon proper
 7495  affidavits being made, a search warrant may be issued under the
 7496  provisions of this chapter upon any of the following grounds:
 7497         (2) When any property shall have been used:
 7498         (a) As a means to commit any crime;
 7499         (b) In connection with gambling, gambling implements and
 7500  appliances; or
 7501         (c) In violation of s. 847.011 or other laws in reference
 7502  to obscene prints and literature;
 7503  
 7504  This section also applies to any papers or documents used as a
 7505  means of or in aid of the commission of any offense against the
 7506  laws of the state.
 7507         Section 135. For the purpose of incorporating the amendment
 7508  made by this act to section 847.011, Florida Statutes, in a
 7509  reference thereto, section 933.03, Florida Statutes, is
 7510  reenacted to read:
 7511         933.03 Destruction of obscene prints and literature.—All
 7512  obscene prints and literature, or other things mentioned in s.
 7513  847.011 found by an officer in executing a search warrant, or
 7514  produced or brought into court, shall be safely kept so long as
 7515  is necessary for the purpose of being used as evidence in any
 7516  case, and as soon as may be afterwards, shall be destroyed by
 7517  order of the court before whom the case is brought.
 7518         Section 136. For the purpose of incorporating the amendment
 7519  made by this act to section 847.011, Florida Statutes, in a
 7520  reference thereto, paragraph (g) of subsection (2) of section
 7521  943.325, Florida Statutes, is reenacted to read:
 7522         943.325 DNA database.—
 7523         (2) DEFINITIONS.—As used in this section, the term:
 7524         (g) “Qualifying offender” means any person, including
 7525  juveniles and adults, who is:
 7526         1.a. Committed to a county jail;
 7527         b. Committed to or under the supervision of the Department
 7528  of Corrections, including persons incarcerated in a private
 7529  correctional institution operated under contract pursuant to s.
 7530  944.105;
 7531         c. Committed to or under the supervision of the Department
 7532  of Juvenile Justice;
 7533         d. Transferred to this state under the Interstate Compact
 7534  on Juveniles, part XIII of chapter 985; or
 7535         e. Accepted under Article IV of the Interstate Corrections
 7536  Compact, part III of chapter 941; and who is:
 7537         2.a. Convicted of any felony offense or attempted felony
 7538  offense in this state or of a similar offense in another
 7539  jurisdiction;
 7540         b. Convicted of a misdemeanor violation of s. 784.048, s.
 7541  810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
 7542  offense that was found, pursuant to s. 874.04, to have been
 7543  committed for the purpose of benefiting, promoting, or
 7544  furthering the interests of a criminal gang as defined in s.
 7545  874.03; or
 7546         c. Arrested for any felony offense or attempted felony
 7547  offense in this state.
 7548         Section 137. For the purpose of incorporating the amendment
 7549  made by this act to section 849.01, Florida Statutes, in a
 7550  reference thereto, section 849.02, Florida Statutes, is
 7551  reenacted to read:
 7552         849.02 Agents or employees of keeper of gambling house.
 7553  Whoever acts as servant, clerk, agent, or employee of any person
 7554  in the violation of s. 849.01 shall be punished in the manner
 7555  and to the extent therein mentioned.
 7556         Section 138. For the purpose of incorporating the amendment
 7557  made by this act to section 893.135, Florida Statutes, in a
 7558  reference thereto, paragraph (c) of subsection (3) of section
 7559  373.6055, Florida Statutes, is reenacted to read:
 7560         373.6055 Criminal history checks for certain water
 7561  management district employees and others.—
 7562         (3)
 7563         (c) In addition to other requirements for employment or
 7564  access established by any water management district pursuant to
 7565  its water management district’s security plan for buildings,
 7566  facilities, and structures, each water management district’s
 7567  security plan shall provide that:
 7568         1. Any person who has within the past 7 years been
 7569  convicted, regardless of whether adjudication was withheld, for
 7570  a forcible felony as defined in s. 776.08; an act of terrorism
 7571  as defined in s. 775.30; planting of a hoax bomb as provided in
 7572  s. 790.165; any violation involving the manufacture, possession,
 7573  sale, delivery, display, use, or attempted or threatened use of
 7574  a weapon of mass destruction or hoax weapon of mass destruction
 7575  as provided in s. 790.166; dealing in stolen property; any
 7576  violation of s. 893.135; any violation involving the sale,
 7577  manufacturing, delivery, or possession with intent to sell,
 7578  manufacture, or deliver a controlled substance; burglary;
 7579  robbery; any felony violation of s. 812.014; any violation of s.
 7580  790.07; any crime an element of which includes use or possession
 7581  of a firearm; any conviction for any similar offenses under the
 7582  laws of another jurisdiction; or conviction for conspiracy to
 7583  commit any of the listed offenses may not be qualified for
 7584  initial employment within or authorized regular access to
 7585  buildings, facilities, or structures defined in the water
 7586  management district’s security plan as restricted access areas.
 7587         2. Any person who has at any time been convicted of any of
 7588  the offenses listed in subparagraph 1. may not be qualified for
 7589  initial employment within or authorized regular access to
 7590  buildings, facilities, or structures defined in the water
 7591  management district’s security plan as restricted access areas
 7592  unless, after release from incarceration and any supervision
 7593  imposed as a sentence, the person remained free from a
 7594  subsequent conviction, regardless of whether adjudication was
 7595  withheld, for any of the listed offenses for a period of at
 7596  least 7 years prior to the employment or access date under
 7597  consideration.
 7598         Section 139. For the purpose of incorporating the amendment
 7599  made by this act to section 893.135, Florida Statutes, in a
 7600  reference thereto, subsection (6) of section 397.4073, Florida
 7601  Statutes, is reenacted to read:
 7602         397.4073 Background checks of service provider personnel.—
 7603         (6) DISQUALIFICATION FROM RECEIVING STATE FUNDS.—State
 7604  funds may not be disseminated to any service provider owned or
 7605  operated by an owner, director, or chief financial officer who
 7606  has been convicted of, has entered a plea of guilty or nolo
 7607  contendere to, or has had adjudication withheld for, a violation
 7608  of s. 893.135 pertaining to trafficking in controlled
 7609  substances, or a violation of the law of another state, the
 7610  District of Columbia, the United States or any possession or
 7611  territory thereof, or any foreign jurisdiction which is
 7612  substantially similar in elements and penalties to a trafficking
 7613  offense in this state, unless the owner’s or director’s civil
 7614  rights have been restored.
 7615         Section 140. For the purpose of incorporating the amendment
 7616  made by this act to section 893.135, Florida Statutes, in a
 7617  reference thereto, subsection (1) of section 414.095, Florida
 7618  Statutes, is reenacted to read:
 7619         414.095 Determining eligibility for temporary cash
 7620  assistance.—
 7621         (1) ELIGIBILITY.—An applicant must meet eligibility
 7622  requirements of this section before receiving services or
 7623  temporary cash assistance under this chapter, except that an
 7624  applicant shall be required to register for work and engage in
 7625  work activities in accordance with s. 445.024, as designated by
 7626  the local workforce development board, and may receive support
 7627  services or child care assistance in conjunction with such
 7628  requirement. The department shall make a determination of
 7629  eligibility based on the criteria listed in this chapter. The
 7630  department shall monitor continued eligibility for temporary
 7631  cash assistance through periodic reviews consistent with the
 7632  food assistance eligibility process. Benefits may not be denied
 7633  to an individual solely based on a felony drug conviction,
 7634  unless the conviction is for trafficking pursuant to s. 893.135.
 7635  To be eligible under this section, an individual convicted of a
 7636  drug felony must be satisfactorily meeting the requirements of
 7637  the temporary cash assistance program, including all substance
 7638  abuse treatment requirements. Within the limits specified in
 7639  this chapter, the state opts out of the provision of Pub. L. No.
 7640  104-193, s. 115, that eliminates eligibility for temporary cash
 7641  assistance and food assistance for any individual convicted of a
 7642  controlled substance felony.
 7643         Section 141. For the purpose of incorporating the amendment
 7644  made by this act to section 893.135, Florida Statutes, in a
 7645  reference thereto, subsection (2) of section 772.12, Florida
 7646  Statutes, is reenacted to read:
 7647         772.12 Drug Dealer Liability Act.—
 7648         (2) A person, including any governmental entity, has a
 7649  cause of action for threefold the actual damages sustained and
 7650  is entitled to minimum damages in the amount of $1,000 and
 7651  reasonable attorney’s fees and court costs in the trial and
 7652  appellate courts, if the person proves by the greater weight of
 7653  the evidence that:
 7654         (a) The person was injured because of the defendant’s
 7655  actions that resulted in the defendant’s conviction for:
 7656         1. A violation of s. 893.13, except for a violation of s.
 7657  893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
 7658         2. A violation of s. 893.135; and
 7659         (b) The person was not injured by reason of his or her
 7660  participation in the same act or transaction that resulted in
 7661  the defendant’s conviction for any offense described in
 7662  subparagraph (a)1.
 7663         Section 142. For the purpose of incorporating the amendment
 7664  made by this act to section 893.135, Florida Statutes, in
 7665  references thereto, paragraph (a) of subsection (2) and
 7666  paragraph (a) of subsection (3) of section 775.087, Florida
 7667  Statutes, are reenacted to read:
 7668         775.087 Possession or use of weapon; aggravated battery;
 7669  felony reclassification; minimum sentence.—
 7670         (2)(a)1. Any person who is convicted of a felony or an
 7671  attempt to commit a felony, regardless of whether the use of a
 7672  weapon is an element of the felony, and the conviction was for:
 7673         a. Murder;
 7674         b. Sexual battery;
 7675         c. Robbery;
 7676         d. Burglary;
 7677         e. Arson;
 7678         f. Aggravated battery;
 7679         g. Kidnapping;
 7680         h. Escape;
 7681         i. Aircraft piracy;
 7682         j. Aggravated child abuse;
 7683         k. Aggravated abuse of an elderly person or disabled adult;
 7684         l. Unlawful throwing, placing, or discharging of a
 7685  destructive device or bomb;
 7686         m. Carjacking;
 7687         n. Home-invasion robbery;
 7688         o. Aggravated stalking;
 7689         p. Trafficking in cannabis, trafficking in cocaine, capital
 7690  importation of cocaine, trafficking in illegal drugs, capital
 7691  importation of illegal drugs, trafficking in phencyclidine,
 7692  capital importation of phencyclidine, trafficking in
 7693  methaqualone, capital importation of methaqualone, trafficking
 7694  in amphetamine, capital importation of amphetamine, trafficking
 7695  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
 7696  (GHB), trafficking in 1,4-Butanediol, trafficking in
 7697  Phenethylamines, or other violation of s. 893.135(1); or
 7698         q. Possession of a firearm by a felon
 7699  
 7700  and during the commission of the offense, such person actually
 7701  possessed a “firearm” or “destructive device” as those terms are
 7702  defined in s. 790.001, shall be sentenced to a minimum term of
 7703  imprisonment of 10 years, except that a person who is convicted
 7704  for possession of a firearm by a felon or burglary of a
 7705  conveyance shall be sentenced to a minimum term of imprisonment
 7706  of 3 years if such person possessed a “firearm” or “destructive
 7707  device” during the commission of the offense. However, if an
 7708  offender who is convicted of the offense of possession of a
 7709  firearm by a felon has a previous conviction of committing or
 7710  attempting to commit a felony listed in s. 775.084(1)(b)1. and
 7711  actually possessed a firearm or destructive device during the
 7712  commission of the prior felony, the offender shall be sentenced
 7713  to a minimum term of imprisonment of 10 years.
 7714         2. Any person who is convicted of a felony or an attempt to
 7715  commit a felony listed in sub-subparagraphs (a)1.a.-p.,
 7716  regardless of whether the use of a weapon is an element of the
 7717  felony, and during the course of the commission of the felony
 7718  such person discharged a “firearm” or “destructive device” as
 7719  defined in s. 790.001 shall be sentenced to a minimum term of
 7720  imprisonment of 20 years.
 7721         3. Any person who is convicted of a felony or an attempt to
 7722  commit a felony listed in sub-subparagraphs (a)1.a.-p.,
 7723  regardless of whether the use of a weapon is an element of the
 7724  felony, and during the course of the commission of the felony
 7725  such person discharged a “firearm” or “destructive device” as
 7726  defined in s. 790.001 and, as the result of the discharge, death
 7727  or great bodily harm was inflicted upon any person, the
 7728  convicted person shall be sentenced to a minimum term of
 7729  imprisonment of not less than 25 years and not more than a term
 7730  of imprisonment of life in prison.
 7731         (3)(a)1. Any person who is convicted of a felony or an
 7732  attempt to commit a felony, regardless of whether the use of a
 7733  firearm is an element of the felony, and the conviction was for:
 7734         a. Murder;
 7735         b. Sexual battery;
 7736         c. Robbery;
 7737         d. Burglary;
 7738         e. Arson;
 7739         f. Aggravated battery;
 7740         g. Kidnapping;
 7741         h. Escape;
 7742         i. Sale, manufacture, delivery, or intent to sell,
 7743  manufacture, or deliver any controlled substance;
 7744         j. Aircraft piracy;
 7745         k. Aggravated child abuse;
 7746         l. Aggravated abuse of an elderly person or disabled adult;
 7747         m. Unlawful throwing, placing, or discharging of a
 7748  destructive device or bomb;
 7749         n. Carjacking;
 7750         o. Home-invasion robbery;
 7751         p. Aggravated stalking; or
 7752         q. Trafficking in cannabis, trafficking in cocaine, capital
 7753  importation of cocaine, trafficking in illegal drugs, capital
 7754  importation of illegal drugs, trafficking in phencyclidine,
 7755  capital importation of phencyclidine, trafficking in
 7756  methaqualone, capital importation of methaqualone, trafficking
 7757  in amphetamine, capital importation of amphetamine, trafficking
 7758  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
 7759  (GHB), trafficking in 1,4-Butanediol, trafficking in
 7760  Phenethylamines, or other violation of s. 893.135(1);
 7761  
 7762  and during the commission of the offense, such person possessed
 7763  a semiautomatic firearm and its high-capacity detachable box
 7764  magazine or a machine gun as defined in s. 790.001, shall be
 7765  sentenced to a minimum term of imprisonment of 15 years.
 7766         2. Any person who is convicted of a felony or an attempt to
 7767  commit a felony listed in subparagraph (a)1., regardless of
 7768  whether the use of a weapon is an element of the felony, and
 7769  during the course of the commission of the felony such person
 7770  discharged a semiautomatic firearm and its high-capacity box
 7771  magazine or a “machine gun” as defined in s. 790.001 shall be
 7772  sentenced to a minimum term of imprisonment of 20 years.
 7773         3. Any person who is convicted of a felony or an attempt to
 7774  commit a felony listed in subparagraph (a)1., regardless of
 7775  whether the use of a weapon is an element of the felony, and
 7776  during the course of the commission of the felony such person
 7777  discharged a semiautomatic firearm and its high-capacity box
 7778  magazine or a “machine gun” as defined in s. 790.001 and, as the
 7779  result of the discharge, death or great bodily harm was
 7780  inflicted upon any person, the convicted person shall be
 7781  sentenced to a minimum term of imprisonment of not less than 25
 7782  years and not more than a term of imprisonment of life in
 7783  prison.
 7784         Section 143. For the purpose of incorporating the amendment
 7785  made by this act to section 893.135, Florida Statutes, in
 7786  references thereto, paragraph (a) of subsection (1) and
 7787  subsections (3) and (4) of section 782.04, Florida Statutes, are
 7788  reenacted to read:
 7789         782.04 Murder.—
 7790         (1)(a) The unlawful killing of a human being:
 7791         1. When perpetrated from a premeditated design to effect
 7792  the death of the person killed or any human being;
 7793         2. When committed by a person engaged in the perpetration
 7794  of, or in the attempt to perpetrate, any:
 7795         a. Trafficking offense prohibited by s. 893.135(1),
 7796         b. Arson,
 7797         c. Sexual battery,
 7798         d. Robbery,
 7799         e. Burglary,
 7800         f. Kidnapping,
 7801         g. Escape,
 7802         h. Aggravated child abuse,
 7803         i. Aggravated abuse of an elderly person or disabled adult,
 7804         j. Aircraft piracy,
 7805         k. Unlawful throwing, placing, or discharging of a
 7806  destructive device or bomb,
 7807         l. Carjacking,
 7808         m. Home-invasion robbery,
 7809         n. Aggravated stalking,
 7810         o. Murder of another human being,
 7811         p. Resisting an officer with violence to his or her person,
 7812         q. Aggravated fleeing or eluding with serious bodily injury
 7813  or death,
 7814         r. Felony that is an act of terrorism or is in furtherance
 7815  of an act of terrorism, including a felony under s. 775.30, s.
 7816  775.32, s. 775.33, s. 775.34, or s. 775.35, or
 7817         s. Human trafficking; or
 7818         3. Which resulted from the unlawful distribution by a
 7819  person 18 years of age or older of any of the following
 7820  substances, or mixture containing any of the following
 7821  substances, when such substance or mixture is proven to be the
 7822  proximate cause of the death of the user:
 7823         a. A substance controlled under s. 893.03(1);
 7824         b. Cocaine, as described in s. 893.03(2)(a)4.;
 7825         c. Opium or any synthetic or natural salt, compound,
 7826  derivative, or preparation of opium;
 7827         d. Methadone;
 7828         e. Alfentanil, as described in s. 893.03(2)(b)1.;
 7829         f. Carfentanil, as described in s. 893.03(2)(b)6.;
 7830         g. Fentanyl, as described in s. 893.03(2)(b)9.;
 7831         h. Sufentanil, as described in s. 893.03(2)(b)30.; or
 7832         i. A controlled substance analog, as described in s.
 7833  893.0356, of any substance specified in sub-subparagraphs a.-h.,
 7834  
 7835  is murder in the first degree and constitutes a capital felony,
 7836  punishable as provided in s. 775.082.
 7837         (3) When a human being is killed during the perpetration
 7838  of, or during the attempt to perpetrate, any:
 7839         (a) Trafficking offense prohibited by s. 893.135(1),
 7840         (b) Arson,
 7841         (c) Sexual battery,
 7842         (d) Robbery,
 7843         (e) Burglary,
 7844         (f) Kidnapping,
 7845         (g) Escape,
 7846         (h) Aggravated child abuse,
 7847         (i) Aggravated abuse of an elderly person or disabled
 7848  adult,
 7849         (j) Aircraft piracy,
 7850         (k) Unlawful throwing, placing, or discharging of a
 7851  destructive device or bomb,
 7852         (l) Carjacking,
 7853         (m) Home-invasion robbery,
 7854         (n) Aggravated stalking,
 7855         (o) Murder of another human being,
 7856         (p) Aggravated fleeing or eluding with serious bodily
 7857  injury or death,
 7858         (q) Resisting an officer with violence to his or her
 7859  person, or
 7860         (r) Felony that is an act of terrorism or is in furtherance
 7861  of an act of terrorism, including a felony under s. 775.30, s.
 7862  775.32, s. 775.33, s. 775.34, or s. 775.35,
 7863  
 7864  by a person other than the person engaged in the perpetration of
 7865  or in the attempt to perpetrate such felony, the person
 7866  perpetrating or attempting to perpetrate such felony commits
 7867  murder in the second degree, which constitutes a felony of the
 7868  first degree, punishable by imprisonment for a term of years not
 7869  exceeding life or as provided in s. 775.082, s. 775.083, or s.
 7870  775.084.
 7871         (4) The unlawful killing of a human being, when perpetrated
 7872  without any design to effect death, by a person engaged in the
 7873  perpetration of, or in the attempt to perpetrate, any felony
 7874  other than any:
 7875         (a) Trafficking offense prohibited by s. 893.135(1),
 7876         (b) Arson,
 7877         (c) Sexual battery,
 7878         (d) Robbery,
 7879         (e) Burglary,
 7880         (f) Kidnapping,
 7881         (g) Escape,
 7882         (h) Aggravated child abuse,
 7883         (i) Aggravated abuse of an elderly person or disabled
 7884  adult,
 7885         (j) Aircraft piracy,
 7886         (k) Unlawful throwing, placing, or discharging of a
 7887  destructive device or bomb,
 7888         (l) Unlawful distribution of any substance controlled under
 7889  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
 7890  opium or any synthetic or natural salt, compound, derivative, or
 7891  preparation of opium by a person 18 years of age or older, when
 7892  such drug is proven to be the proximate cause of the death of
 7893  the user,
 7894         (m) Carjacking,
 7895         (n) Home-invasion robbery,
 7896         (o) Aggravated stalking,
 7897         (p) Murder of another human being,
 7898         (q) Aggravated fleeing or eluding with serious bodily
 7899  injury or death,
 7900         (r) Resisting an officer with violence to his or her
 7901  person, or
 7902         (s) Felony that is an act of terrorism or is in furtherance
 7903  of an act of terrorism, including a felony under s. 775.30, s.
 7904  775.32, s. 775.33, s. 775.34, or s. 775.35,
 7905  
 7906  is murder in the third degree and constitutes a felony of the
 7907  second degree, punishable as provided in s. 775.082, s. 775.083,
 7908  or s. 775.084.
 7909         Section 144. For the purpose of incorporating the amendment
 7910  made by this act to section 893.135, Florida Statutes, in a
 7911  reference thereto, subsection (3) of section 810.02, Florida
 7912  Statutes, is reenacted to read:
 7913         810.02 Burglary.—
 7914         (3) Burglary is a felony of the second degree, punishable
 7915  as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
 7916  course of committing the offense, the offender does not make an
 7917  assault or battery and is not and does not become armed with a
 7918  dangerous weapon or explosive, and the offender enters or
 7919  remains in a:
 7920         (a) Dwelling, and there is another person in the dwelling
 7921  at the time the offender enters or remains;
 7922         (b) Dwelling, and there is not another person in the
 7923  dwelling at the time the offender enters or remains;
 7924         (c) Structure, and there is another person in the structure
 7925  at the time the offender enters or remains;
 7926         (d) Conveyance, and there is another person in the
 7927  conveyance at the time the offender enters or remains;
 7928         (e) Authorized emergency vehicle, as defined in s. 316.003;
 7929  or
 7930         (f) Structure or conveyance when the offense intended to be
 7931  committed therein is theft of a controlled substance as defined
 7932  in s. 893.02. Notwithstanding any other law, separate judgments
 7933  and sentences for burglary with the intent to commit theft of a
 7934  controlled substance under this paragraph and for any applicable
 7935  possession of controlled substance offense under s. 893.13 or
 7936  trafficking in controlled substance offense under s. 893.135 may
 7937  be imposed when all such offenses involve the same amount or
 7938  amounts of a controlled substance.
 7939  
 7940  However, if the burglary is committed within a county that is
 7941  subject to a state of emergency declared by the Governor under
 7942  chapter 252 after the declaration of emergency is made and the
 7943  perpetration of the burglary is facilitated by conditions
 7944  arising from the emergency, the burglary is a felony of the
 7945  first degree, punishable as provided in s. 775.082, s. 775.083,
 7946  or s. 775.084. As used in this subsection, the term “conditions
 7947  arising from the emergency” means civil unrest, power outages,
 7948  curfews, voluntary or mandatory evacuations, or a reduction in
 7949  the presence of or response time for first responders or
 7950  homeland security personnel. A person arrested for committing a
 7951  burglary within a county that is subject to such a state of
 7952  emergency may not be released until the person appears before a
 7953  committing magistrate at a first appearance hearing. For
 7954  purposes of sentencing under chapter 921, a felony offense that
 7955  is reclassified under this subsection is ranked one level above
 7956  the ranking under s. 921.0022 or s. 921.0023 of the offense
 7957  committed.
 7958         Section 145. For the purpose of incorporating the amendment
 7959  made by this act to section 893.135, Florida Statutes, in a
 7960  reference thereto, paragraph (d) of subsection (8) of section
 7961  893.13, Florida Statutes, is reenacted to read:
 7962         893.13 Prohibited acts; penalties.—
 7963         (8)
 7964         (d) Notwithstanding paragraph (c), if a prescribing
 7965  practitioner has violated paragraph (a) and received $1,000 or
 7966  more in payment for writing one or more prescriptions or, in the
 7967  case of a prescription written for a controlled substance
 7968  described in s. 893.135, has written one or more prescriptions
 7969  for a quantity of a controlled substance which, individually or
 7970  in the aggregate, meets the threshold for the offense of
 7971  trafficking in a controlled substance under s. 893.135, the
 7972  violation is reclassified as a felony of the second degree and
 7973  ranked in level 4 of the Criminal Punishment Code.
 7974         Section 146. For the purpose of incorporating the amendment
 7975  made by this act to section 893.135, Florida Statutes, in
 7976  references thereto, subsections (1) and (2) of section 893.1351,
 7977  Florida Statutes, are reenacted to read:
 7978         893.1351 Ownership, lease, rental, or possession for
 7979  trafficking in or manufacturing a controlled substance.—
 7980         (1) A person may not own, lease, or rent any place,
 7981  structure, or part thereof, trailer, or other conveyance with
 7982  the knowledge that the place, structure, trailer, or conveyance
 7983  will be used for the purpose of trafficking in a controlled
 7984  substance, as provided in s. 893.135; for the sale of a
 7985  controlled substance, as provided in s. 893.13; or for the
 7986  manufacture of a controlled substance intended for sale or
 7987  distribution to another. A person who violates this subsection
 7988  commits a felony of the third degree, punishable as provided in
 7989  s. 775.082, s. 775.083, or s. 775.084.
 7990         (2) A person may not knowingly be in actual or constructive
 7991  possession of any place, structure, or part thereof, trailer, or
 7992  other conveyance with the knowledge that the place, structure,
 7993  or part thereof, trailer, or conveyance will be used for the
 7994  purpose of trafficking in a controlled substance, as provided in
 7995  s. 893.135; for the sale of a controlled substance, as provided
 7996  in s. 893.13; or for the manufacture of a controlled substance
 7997  intended for sale or distribution to another. A person who
 7998  violates this subsection commits a felony of the second degree,
 7999  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 8000         Section 147. For the purpose of incorporating the amendment
 8001  made by this act to section 893.135, Florida Statutes, in a
 8002  reference thereto, paragraph (e) of subsection (3) of section
 8003  900.05, Florida Statutes, is reenacted to read:
 8004         900.05 Criminal justice data collection.—
 8005         (3) DATA COLLECTION AND REPORTING.—Beginning January 1,
 8006  2019, an entity required to collect data in accordance with this
 8007  subsection shall collect the specified data required of the
 8008  entity on a biweekly basis. Each entity shall report the data
 8009  collected in accordance with this subsection to the Department
 8010  of Law Enforcement on a monthly basis.
 8011         (e) Department of Corrections.—The Department of
 8012  Corrections shall collect the following data:
 8013         1. Information related to each inmate, including:
 8014         a. Identifying information, including name, date of birth,
 8015  race or ethnicity, and identification number assigned by the
 8016  department.
 8017         b. Number of children.
 8018         c. Education level, including any vocational training.
 8019         d. Date the inmate was admitted to the custody of the
 8020  department.
 8021         e. Current institution placement and the security level
 8022  assigned to the institution.
 8023         f. Custody level assignment.
 8024         g. Qualification for a flag designation as defined in this
 8025  section, including sexual offender flag, habitual offender flag,
 8026  gang affiliation flag, or concurrent or consecutive sentence
 8027  flag.
 8028         h. County that committed the prisoner to the custody of the
 8029  department.
 8030         i. Whether the reason for admission to the department is
 8031  for a new conviction or a violation of probation, community
 8032  control, or parole. For an admission for a probation, community
 8033  control, or parole violation, the department shall report
 8034  whether the violation was technical or based on a new violation
 8035  of law.
 8036         j. Specific statutory citation for which the inmate was
 8037  committed to the department, including, for an inmate convicted
 8038  of drug trafficking under s. 893.135, the statutory citation for
 8039  each specific drug trafficked.
 8040         k. Length of sentence or concurrent or consecutive
 8041  sentences served.
 8042         l. Tentative release date.
 8043         m. Gain time earned in accordance with s. 944.275.
 8044         n. Prior incarceration within the state.
 8045         o. Disciplinary violation and action.
 8046         p. Participation in rehabilitative or educational programs
 8047  while in the custody of the department.
 8048         2. Information about each state correctional institution or
 8049  facility, including:
 8050         a. Budget for each state correctional institution or
 8051  facility.
 8052         b. Daily prison population of all inmates incarcerated in a
 8053  state correctional institution or facility.
 8054         c. Daily number of correctional officers for each state
 8055  correctional institution or facility.
 8056         3. Information related to persons supervised by the
 8057  department on probation or community control, including:
 8058         a. Identifying information for each person supervised by
 8059  the department on probation or community control, including his
 8060  or her name, date of birth, race or ethnicity, sex, and
 8061  department-assigned case number.
 8062         b. Length of probation or community control sentence
 8063  imposed and amount of time that has been served on such
 8064  sentence.
 8065         c. Projected termination date for probation or community
 8066  control.
 8067         d. Revocation of probation or community control due to a
 8068  violation, including whether the revocation is due to a
 8069  technical violation of the conditions of supervision or from the
 8070  commission of a new law violation.
 8071         4. Per diem rates for:
 8072         a. Prison bed.
 8073         b. Probation.
 8074         c. Community control.
 8075  
 8076  This information only needs to be reported once annually at the
 8077  time the most recent per diem rate is published.
 8078         Section 148. For the purpose of incorporating the amendment
 8079  made by this act to section 893.135, Florida Statutes, in a
 8080  reference thereto, section 903.133, Florida Statutes, is
 8081  reenacted to read:
 8082         903.133 Bail on appeal; prohibited for certain felony
 8083  convictions.—Notwithstanding the provisions of s. 903.132, no
 8084  person adjudged guilty of a felony of the first degree for a
 8085  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
 8086  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
 8087  violation of s. 794.011(2) or (3), shall be admitted to bail
 8088  pending review either by posttrial motion or appeal.
 8089         Section 149. For the purpose of incorporating the amendment
 8090  made by this act to section 893.135, Florida Statutes, in a
 8091  reference thereto, paragraph (c) of subsection (4) of section
 8092  907.041, Florida Statutes, is reenacted to read:
 8093         907.041 Pretrial detention and release.—
 8094         (4) PRETRIAL DETENTION.—
 8095         (c) The court may order pretrial detention if it finds a
 8096  substantial probability, based on a defendant’s past and present
 8097  patterns of behavior, the criteria in s. 903.046, and any other
 8098  relevant facts, that any of the following circumstances exist:
 8099         1. The defendant has previously violated conditions of
 8100  release and that no further conditions of release are reasonably
 8101  likely to assure the defendant’s appearance at subsequent
 8102  proceedings;
 8103         2. The defendant, with the intent to obstruct the judicial
 8104  process, has threatened, intimidated, or injured any victim,
 8105  potential witness, juror, or judicial officer, or has attempted
 8106  or conspired to do so, and that no condition of release will
 8107  reasonably prevent the obstruction of the judicial process;
 8108         3. The defendant is charged with trafficking in controlled
 8109  substances as defined by s. 893.135, that there is a substantial
 8110  probability that the defendant has committed the offense, and
 8111  that no conditions of release will reasonably assure the
 8112  defendant’s appearance at subsequent criminal proceedings;
 8113         4. The defendant is charged with DUI manslaughter, as
 8114  defined by s. 316.193, and that there is a substantial
 8115  probability that the defendant committed the crime and that the
 8116  defendant poses a threat of harm to the community; conditions
 8117  that would support a finding by the court pursuant to this
 8118  subparagraph that the defendant poses a threat of harm to the
 8119  community include, but are not limited to, any of the following:
 8120         a. The defendant has previously been convicted of any crime
 8121  under s. 316.193, or of any crime in any other state or
 8122  territory of the United States that is substantially similar to
 8123  any crime under s. 316.193;
 8124         b. The defendant was driving with a suspended driver
 8125  license when the charged crime was committed; or
 8126         c. The defendant has previously been found guilty of, or
 8127  has had adjudication of guilt withheld for, driving while the
 8128  defendant’s driver license was suspended or revoked in violation
 8129  of s. 322.34;
 8130         5. The defendant poses the threat of harm to the community.
 8131  The court may so conclude, if it finds that the defendant is
 8132  presently charged with a dangerous crime, that there is a
 8133  substantial probability that the defendant committed such crime,
 8134  that the factual circumstances of the crime indicate a disregard
 8135  for the safety of the community, and that there are no
 8136  conditions of release reasonably sufficient to protect the
 8137  community from the risk of physical harm to persons;
 8138         6. The defendant was on probation, parole, or other release
 8139  pending completion of sentence or on pretrial release for a
 8140  dangerous crime at the time the current offense was committed;
 8141         7. The defendant has violated one or more conditions of
 8142  pretrial release or bond for the offense currently before the
 8143  court and the violation, in the discretion of the court,
 8144  supports a finding that no conditions of release can reasonably
 8145  protect the community from risk of physical harm to persons or
 8146  assure the presence of the accused at trial; or
 8147         8.a. The defendant has ever been sentenced pursuant to s.
 8148  775.082(9) or s. 775.084 as a prison releasee reoffender,
 8149  habitual violent felony offender, three-time violent felony
 8150  offender, or violent career criminal, or the state attorney
 8151  files a notice seeking that the defendant be sentenced pursuant
 8152  to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
 8153  habitual violent felony offender, three-time violent felony
 8154  offender, or violent career criminal;
 8155         b. There is a substantial probability that the defendant
 8156  committed the offense; and
 8157         c. There are no conditions of release that can reasonably
 8158  protect the community from risk of physical harm or ensure the
 8159  presence of the accused at trial.
 8160         Section 150. For the purpose of incorporating the amendment
 8161  made by this act to section 893.135, Florida Statutes, in a
 8162  reference thereto, subsection (9) of section 921.141, Florida
 8163  Statutes, is reenacted to read:
 8164         921.141 Sentence of death or life imprisonment for capital
 8165  felonies; further proceedings to determine sentence.—
 8166         (9) APPLICABILITY.—This section does not apply to a person
 8167  convicted or adjudicated guilty of a capital drug trafficking
 8168  felony under s. 893.135.
 8169         Section 151. For the purpose of incorporating the amendment
 8170  made by this act to section 893.135, Florida Statutes, in a
 8171  reference thereto, subsection (2) of section 921.142, Florida
 8172  Statutes, is reenacted to read:
 8173         921.142 Sentence of death or life imprisonment for capital
 8174  drug trafficking felonies; further proceedings to determine
 8175  sentence.—
 8176         (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.—Upon
 8177  conviction or adjudication of guilt of a defendant of a capital
 8178  felony under s. 893.135, the court shall conduct a separate
 8179  sentencing proceeding to determine whether the defendant should
 8180  be sentenced to death or life imprisonment as authorized by s.
 8181  775.082. The proceeding shall be conducted by the trial judge
 8182  before the trial jury as soon as practicable. If, through
 8183  impossibility or inability, the trial jury is unable to
 8184  reconvene for a hearing on the issue of penalty, having
 8185  determined the guilt of the accused, the trial judge may summon
 8186  a special juror or jurors as provided in chapter 913 to
 8187  determine the issue of the imposition of the penalty. If the
 8188  trial jury has been waived, or if the defendant pleaded guilty,
 8189  the sentencing proceeding shall be conducted before a jury
 8190  impaneled for that purpose, unless waived by the defendant. In
 8191  the proceeding, evidence may be presented as to any matter that
 8192  the court deems relevant to the nature of the crime and the
 8193  character of the defendant and shall include matters relating to
 8194  any of the aggravating factors enumerated in subsection (7) and
 8195  for which notice has been provided pursuant to s. 782.04(1)(b)
 8196  or mitigating circumstances enumerated in subsection (8). Any
 8197  such evidence that the court deems to have probative value may
 8198  be received, regardless of its admissibility under the
 8199  exclusionary rules of evidence, provided the defendant is
 8200  accorded a fair opportunity to rebut any hearsay statements.
 8201  However, this subsection shall not be construed to authorize the
 8202  introduction of any evidence secured in violation of the
 8203  Constitution of the United States or the Constitution of the
 8204  State of Florida. The state and the defendant or the defendant’s
 8205  counsel shall be permitted to present argument for or against
 8206  sentence of death.
 8207         Section 152. For the purpose of incorporating the amendment
 8208  made by this act to section 944.704, Florida Statutes, in a
 8209  reference thereto, paragraph (a) of subsection (3) of section
 8210  944.026, Florida Statutes, is reenacted to read:
 8211         944.026 Community-based facilities and programs.—
 8212         (3)(a) The department shall develop and implement
 8213  procedures to diagnose offenders prior to sentencing, for the
 8214  purpose of recommending to the sentencing court suitable
 8215  candidates for placement in a community-based residential drug
 8216  treatment facility or probation and restitution center as
 8217  provided in this section. The department shall also develop and
 8218  implement procedures to properly identify inmates prior to
 8219  release who demonstrate the need for or interest in and
 8220  suitability for placement in a community-based substance abuse
 8221  transition housing program as provided in this section and
 8222  pursuant to ss. 944.4731 and 944.704.
 8223         Section 153. For the purpose of incorporating the amendment
 8224  made by this act to section 944.705, Florida Statutes, in a
 8225  reference thereto, subsection (6) of section 944.4731, Florida
 8226  Statutes, is reenacted to read:
 8227         944.4731 Addiction-Recovery Supervision Program.—
 8228         (6) Six months before an offender is released, the chaplain
 8229  and transition assistance specialist at the institution where
 8230  the offender is incarcerated shall initiate the prerelease
 8231  screening process in addition to the basic release orientation
 8232  required under s. 944.705.
 8233         (a) The transition assistance specialist and the chaplain
 8234  shall provide a list of contracted private providers, including
 8235  faith-based providers, to the offender and facilitate the
 8236  application process. The transition assistance specialist shall
 8237  inform the offender of program availability and assess the
 8238  offender’s need and suitability for substance abuse transition
 8239  housing assistance. If an offender is approved for placement,
 8240  the specialist shall assist the offender and coordinate the
 8241  release of the offender with the selected program. If an
 8242  offender requests and is approved for placement in a contracted
 8243  faith-based substance abuse transition housing program, the
 8244  specialist must consult with the chaplain prior to such
 8245  placement. A right to substance abuse program services is not
 8246  stated, intended, or otherwise implied by this section.
 8247         (b) If an offender has participated in a faith-based
 8248  program while incarcerated or housed at a community correctional
 8249  center and the same or a similar faith-based provider offers a
 8250  contracted substance abuse transition housing program, the
 8251  department shall make every attempt to maintain this continuum
 8252  of care.
 8253         Section 154. For the purpose of incorporating the amendment
 8254  made by this act to section 944.801, Florida Statutes, in a
 8255  reference thereto, subsection (2) of section 447.203, Florida
 8256  Statutes, is reenacted to read:
 8257         447.203 Definitions.—As used in this part:
 8258         (2) “Public employer” or “employer” means the state or any
 8259  county, municipality, or special district or any subdivision or
 8260  agency thereof which the commission determines has sufficient
 8261  legal distinctiveness properly to carry out the functions of a
 8262  public employer. With respect to all public employees determined
 8263  by the commission as properly belonging to a statewide
 8264  bargaining unit composed of State Career Service System
 8265  employees or Selected Professional Service employees, the
 8266  Governor shall be deemed to be the public employer; and the
 8267  Board of Governors of the State University System, or the
 8268  board’s designee, shall be deemed to be the public employer with
 8269  respect to all public employees of each constituent state
 8270  university. The board of trustees of a community college shall
 8271  be deemed to be the public employer with respect to all
 8272  employees of the community college. The district school board
 8273  shall be deemed to be the public employer with respect to all
 8274  employees of the school district. The Board of Trustees of the
 8275  Florida School for the Deaf and the Blind shall be deemed to be
 8276  the public employer with respect to the academic and academic
 8277  administrative personnel of the Florida School for the Deaf and
 8278  the Blind. The Governor shall be deemed to be the public
 8279  employer with respect to all employees in the Correctional
 8280  Education Program of the Department of Corrections established
 8281  pursuant to s. 944.801.
 8282         Section 155. For the purpose of incorporating the amendment
 8283  made by this act to section 948.013, Florida Statutes, in a
 8284  reference thereto, paragraph (n) of subsection (1) of section
 8285  921.187, Florida Statutes, is reenacted to read:
 8286         921.187 Disposition and sentencing; alternatives;
 8287  restitution.—
 8288         (1) The alternatives provided in this section for the
 8289  disposition of criminal cases shall be used in a manner that
 8290  will best serve the needs of society, punish criminal offenders,
 8291  and provide the opportunity for rehabilitation. If the offender
 8292  does not receive a state prison sentence, the court may:
 8293         (n) Impose split probation whereby upon satisfactory
 8294  completion of half the term of probation, the Department of
 8295  Corrections may place the offender on administrative probation
 8296  pursuant to s. 948.013 for the remainder of the term of
 8297  supervision.
 8298         Section 156. For the purpose of incorporating the amendment
 8299  made by this act to section 948.06, Florida Statutes, in a
 8300  reference thereto, paragraph (b) of subsection (2) of section
 8301  948.012, Florida Statutes, is reenacted to read:
 8302         948.012 Split sentence of probation or community control
 8303  and imprisonment.—
 8304         (2) The court may also impose a split sentence whereby the
 8305  defendant is sentenced to a term of probation which may be
 8306  followed by a period of incarceration or, with respect to a
 8307  felony, into community control, as follows:
 8308         (b) If the offender does not meet the terms and conditions
 8309  of probation or community control, the court may revoke, modify,
 8310  or continue the probation or community control as provided in s.
 8311  948.06. If the probation or community control is revoked, the
 8312  court may impose any sentence that it could have imposed at the
 8313  time the offender was placed on probation or community control.
 8314  The court may not provide credit for time served for any portion
 8315  of a probation or community control term toward a subsequent
 8316  term of probation or community control. However, the court may
 8317  not impose a subsequent term of probation or community control
 8318  which, when combined with any amount of time served on preceding
 8319  terms of probation or community control for offenses pending
 8320  before the court for sentencing, would exceed the maximum
 8321  penalty allowable as provided in s. 775.082. Such term of
 8322  incarceration shall be served under applicable law or county
 8323  ordinance governing service of sentences in state or county
 8324  jurisdiction. This paragraph does not prohibit any other
 8325  sanction provided by law.
 8326         Section 157. For the purpose of incorporating the amendment
 8327  made by this act to section 948.06, Florida Statutes, in a
 8328  reference thereto, subsection (3) of section 948.10, Florida
 8329  Statutes, is reenacted to read:
 8330         948.10 Community control programs; home confinement.—
 8331         (3) Procedures governing violations of community control
 8332  are the same as those described in s. 948.06 with respect to
 8333  probation.
 8334         Section 158. For the purpose of incorporating the amendment
 8335  made by this act to section 948.06, Florida Statutes, in a
 8336  reference thereto, subsection (3) of section 948.20, Florida
 8337  Statutes, is reenacted to read:
 8338         948.20 Drug offender probation.—
 8339         (3) Offenders placed on drug offender probation are subject
 8340  to revocation of probation as provided in s. 948.06.
 8341         Section 159. For the purpose of incorporating the amendment
 8342  made by this act to section 948.06, Florida Statutes, in a
 8343  reference thereto, section 958.14, Florida Statutes, is
 8344  reenacted to read:
 8345         958.14 Violation of probation or community control
 8346  program.—A violation or alleged violation of probation or the
 8347  terms of a community control program shall subject the youthful
 8348  offender to the provisions of s. 948.06. However, no youthful
 8349  offender shall be committed to the custody of the department for
 8350  a substantive violation for a period longer than the maximum
 8351  sentence for the offense for which he or she was found guilty,
 8352  with credit for time served while incarcerated, or for a
 8353  technical or nonsubstantive violation for a period longer than 6
 8354  years or for a period longer than the maximum sentence for the
 8355  offense for which he or she was found guilty, whichever is less,
 8356  with credit for time served while incarcerated.
 8357         Section 160. For the purpose of incorporating the amendment
 8358  made by this act to section 948.08, Florida Statutes, in a
 8359  reference thereto, paragraph (b) of subsection (4) of section
 8360  796.07, Florida Statutes, is reenacted to read:
 8361         796.07 Prohibiting prostitution and related acts.—
 8362         (4)
 8363         (b) A person who is charged with a third or subsequent
 8364  violation of this section, other than paragraph (2)(f), shall be
 8365  offered admission to a pretrial intervention program or a
 8366  substance abuse treatment program as provided in s. 948.08.
 8367         Section 161. For the purpose of incorporating the amendment
 8368  made by this act to section 948.08, Florida Statutes, in a
 8369  reference thereto, paragraph (b) of subsection (3) of section
 8370  944.026, Florida Statutes, is reenacted to read:
 8371         944.026 Community-based facilities and programs.—
 8372         (3)
 8373         (b) Pretrial intervention programs in appropriate counties
 8374  to provide early counseling and supervision services to
 8375  specified offenders as provided in s. 948.08.
 8376         Section 162. For the purpose of incorporating the amendment
 8377  made by this act to section 948.08, Florida Statutes, in a
 8378  reference thereto, subsection (1) of section 948.036, Florida
 8379  Statutes, is reenacted to read:
 8380         948.036 Work programs as a condition of probation,
 8381  community control, or other court-ordered community
 8382  supervision.—
 8383         (1) Whenever an offender is required by the court to
 8384  participate in any work program under the provisions of this
 8385  chapter, enters into the pretrial intervention program pursuant
 8386  to s. 948.08, or volunteers to work in a supervised work program
 8387  conducted by a specified state, county, municipal, or community
 8388  service organization or to work for the victim, either as an
 8389  alternative to monetary restitution or as a part of the
 8390  rehabilitative or community control program, the offender shall
 8391  be considered an employee of the state for the purposes of
 8392  chapter 440.
 8393         Section 163. For the purpose of incorporating the
 8394  amendments made by this act to sections 948.08 and 948.16,
 8395  Florida Statutes, in references thereto, subsection (2) of
 8396  section 394.47892, Florida Statutes, is reenacted to read:
 8397         394.47892 Mental health court programs.—
 8398         (2) Mental health court programs may include pretrial
 8399  intervention programs as provided in ss. 948.08, 948.16, and
 8400  985.345, postadjudicatory mental health court programs as
 8401  provided in ss. 948.01 and 948.06, and review of the status of
 8402  compliance or noncompliance of sentenced defendants through a
 8403  mental health court program.
 8404         Section 164. For the purpose of incorporating the
 8405  amendments made by this act to sections 948.08 and 948.16,
 8406  Florida Statutes, in references thereto, subsection (5) of
 8407  section 397.334, Florida Statutes, is reenacted to read:
 8408         397.334 Treatment-based drug court programs.—
 8409         (5) Treatment-based drug court programs may include
 8410  pretrial intervention programs as provided in ss. 948.08,
 8411  948.16, and 985.345, treatment-based drug court programs
 8412  authorized in chapter 39, postadjudicatory programs as provided
 8413  in ss. 948.01, 948.06, and 948.20, and review of the status of
 8414  compliance or noncompliance of sentenced offenders through a
 8415  treatment-based drug court program. While enrolled in a
 8416  treatment-based drug court program, the participant is subject
 8417  to a coordinated strategy developed by a drug court team under
 8418  subsection (4). The coordinated strategy may include a protocol
 8419  of sanctions that may be imposed upon the participant for
 8420  noncompliance with program rules. The protocol of sanctions may
 8421  include, but is not limited to, placement in a substance abuse
 8422  treatment program offered by a licensed service provider as
 8423  defined in s. 397.311 or in a jail-based treatment program or
 8424  serving a period of secure detention under chapter 985 if a
 8425  child or a period of incarceration within the time limits
 8426  established for contempt of court if an adult. The coordinated
 8427  strategy must be provided in writing to the participant before
 8428  the participant agrees to enter into a treatment-based drug
 8429  court program.
 8430         Section 165. For the purpose of incorporating the
 8431  amendments made by this act to sections 948.08 and 948.16,
 8432  Florida Statutes, in references thereto, paragraph (a) of
 8433  subsection (5) of section 910.035, Florida Statutes, is
 8434  reenacted to read:
 8435         910.035 Transfer from county for plea, sentence, or
 8436  participation in a problem-solving court.—
 8437         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
 8438         (a) For purposes of this subsection, the term “problem
 8439  solving court” means a drug court pursuant to s. 948.01, s.
 8440  948.06, s. 948.08, s. 948.16, or s. 948.20; a military veterans’
 8441  and servicemembers’ court pursuant to s. 394.47891, s. 948.08,
 8442  s. 948.16, or s. 948.21; a mental health court program pursuant
 8443  to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16;
 8444  or a delinquency pretrial intervention court program pursuant to
 8445  s. 985.345.
 8446         Section 166. For the purpose of incorporating the amendment
 8447  made by this act to section 948.21, Florida Statutes, in a
 8448  reference thereto, paragraph (a) of subsection (5) of section
 8449  910.035, Florida Statutes, is reenacted to read:
 8450         910.035 Transfer from county for plea, sentence, or
 8451  participation in a problem-solving court.—
 8452         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
 8453         (a) For purposes of this subsection, the term “problem
 8454  solving court” means a drug court pursuant to s. 948.01, s.
 8455  948.06, s. 948.08, s. 948.16, or s. 948.20; a military veterans’
 8456  and servicemembers’ court pursuant to s. 394.47891, s. 948.08,
 8457  s. 948.16, or s. 948.21; a mental health court program pursuant
 8458  to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16;
 8459  or a delinquency pretrial intervention court program pursuant to
 8460  s. 985.345.
 8461         Section 167. For the purpose of incorporating the amendment
 8462  made by this act to section 958.04, Florida Statutes, in a
 8463  reference thereto, subsection (5) of section 958.03, Florida
 8464  Statutes, is reenacted to read:
 8465         958.03 Definitions.—As used in this act:
 8466         (5) “Youthful offender” means any person who is sentenced
 8467  as such by the court or is classified as such by the department
 8468  pursuant to s. 958.04.
 8469         Section 168. For the purpose of incorporating the amendment
 8470  made by this act to section 958.04, Florida Statutes, in a
 8471  reference thereto, paragraph (a) of subsection (8) of section
 8472  958.045, Florida Statutes, is reenacted to read:
 8473         958.045 Youthful offender basic training program.—
 8474         (8)(a) The Assistant Secretary for Youthful Offenders shall
 8475  continuously screen all institutions, facilities, and programs
 8476  for any inmate who meets the eligibility requirements for
 8477  youthful offender designation specified in s. 958.04, whose age
 8478  does not exceed 24 years. The department may classify and assign
 8479  as a youthful offender any inmate who meets the criteria of s.
 8480  958.04.
 8481         Section 169. For the purpose of incorporating the amendment
 8482  made by this act to section 958.04, Florida Statutes, in a
 8483  reference thereto, section 958.046, Florida Statutes, is
 8484  reenacted to read:
 8485         958.046 Placement in county-operated boot camp programs for
 8486  youthful offenders.—In counties where there are county-operated
 8487  youthful offender boot camp programs, other than boot camps
 8488  described in s. 958.04, the court may sentence a youthful
 8489  offender to such a boot camp. In county-operated youthful
 8490  offender boot camp programs, juvenile offenders shall not be
 8491  commingled with youthful offenders.
 8492         Section 170. For the purpose of incorporating the amendment
 8493  made by this act to section 958.04, Florida Statutes, in a
 8494  reference thereto, paragraph (c) of subsection (4) of section
 8495  985.565, Florida Statutes, is reenacted to read:
 8496         985.565 Sentencing powers; procedures; alternatives for
 8497  juveniles prosecuted as adults.—
 8498         (4) SENTENCING ALTERNATIVES.—
 8499         (c) Adult sanctions upon failure of juvenile sanctions.—If
 8500  a child proves not to be suitable to a commitment program,
 8501  juvenile probation program, or treatment program under paragraph
 8502  (b), the department shall provide the sentencing court with a
 8503  written report outlining the basis for its objections to the
 8504  juvenile sanction and shall simultaneously provide a copy of the
 8505  report to the state attorney and the defense counsel. The
 8506  department shall schedule a hearing within 30 days. Upon
 8507  hearing, the court may revoke the previous adjudication, impose
 8508  an adjudication of guilt, and impose any sentence which it may
 8509  lawfully impose, giving credit for all time spent by the child
 8510  in the department. The court may also classify the child as a
 8511  youthful offender under s. 958.04, if appropriate. For purposes
 8512  of this paragraph, a child may be found not suitable to a
 8513  commitment program, community control program, or treatment
 8514  program under paragraph (b) if the child commits a new violation
 8515  of law while under juvenile sanctions, if the child commits any
 8516  other violation of the conditions of juvenile sanctions, or if
 8517  the child’s actions are otherwise determined by the court to
 8518  demonstrate a failure of juvenile sanctions.
 8519  
 8520  It is the intent of the Legislature that the criteria and
 8521  guidelines in this subsection are mandatory and that a
 8522  determination of disposition under this subsection is subject to
 8523  the right of the child to appellate review under s. 985.534.
 8524         Section 171. For the purpose of incorporating the amendment
 8525  made by this act to section 985.557, Florida Statutes, in a
 8526  reference thereto, subsection (3) of section 985.556, Florida
 8527  Statutes, is reenacted to read:
 8528         985.556 Waiver of juvenile court jurisdiction; hearing.—
 8529         (3) INVOLUNTARY MANDATORY WAIVER.—
 8530         (a) If the child was 14 years of age or older, and if the
 8531  child has been previously adjudicated delinquent for an act
 8532  classified as a felony, which adjudication was for the
 8533  commission of, attempt to commit, or conspiracy to commit
 8534  murder, sexual battery, armed or strong-armed robbery,
 8535  carjacking, home-invasion robbery, aggravated battery,
 8536  aggravated assault, or burglary with an assault or battery, and
 8537  the child is currently charged with a second or subsequent
 8538  violent crime against a person; or
 8539         (b) If the child was 14 years of age or older at the time
 8540  of commission of a fourth or subsequent alleged felony offense
 8541  and the child was previously adjudicated delinquent or had
 8542  adjudication withheld for or was found to have committed, or to
 8543  have attempted or conspired to commit, three offenses that are
 8544  felony offenses if committed by an adult, and one or more of
 8545  such felony offenses involved the use or possession of a firearm
 8546  or violence against a person;
 8547  
 8548  the state attorney shall request the court to transfer and
 8549  certify the child for prosecution as an adult or shall provide
 8550  written reasons to the court for not making such request, or
 8551  proceed under s. 985.557(1). Upon the state attorney’s request,
 8552  the court shall either enter an order transferring the case and
 8553  certifying the case for trial as if the child were an adult or
 8554  provide written reasons for not issuing such an order.
 8555         Section 172. For the purpose of incorporating the amendment
 8556  made by this act to section 985.557, Florida Statutes, in a
 8557  reference thereto, subsection (1) of section 985.15, Florida
 8558  Statutes, is reenacted to read:
 8559         985.15 Filing decisions.—
 8560         (1) The state attorney may in all cases take action
 8561  independent of the action or lack of action of the juvenile
 8562  probation officer and shall determine the action that is in the
 8563  best interest of the public and the child. If the child meets
 8564  the criteria requiring prosecution as an adult under s. 985.556,
 8565  the state attorney shall request the court to transfer and
 8566  certify the child for prosecution as an adult or shall provide
 8567  written reasons to the court for not making such a request. In
 8568  all other cases, the state attorney may:
 8569         (a) File a petition for dependency;
 8570         (b) File a petition under chapter 984;
 8571         (c) File a petition for delinquency;
 8572         (d) File a petition for delinquency with a motion to
 8573  transfer and certify the child for prosecution as an adult;
 8574         (e) File an information under s. 985.557;
 8575         (f) Refer the case to a grand jury;
 8576         (g) Refer the child to a diversionary, pretrial
 8577  intervention, arbitration, or mediation program, or to some
 8578  other treatment or care program if such program commitment is
 8579  voluntarily accepted by the child or the child’s parents or
 8580  legal guardian; or
 8581         (h) Decline to file.
 8582         Section 173. For the purpose of incorporating the amendment
 8583  made by this act to section 985.557, Florida Statutes, in a
 8584  reference thereto, paragraph (c) of subsection (2) of section
 8585  985.26, Florida Statutes, is reenacted to read:
 8586         985.26 Length of detention.—
 8587         (2)
 8588         (c) A prolific juvenile offender under s. 985.255(1)(j)
 8589  shall be placed on nonsecure detention care with electronic
 8590  monitoring or in secure detention care under a special detention
 8591  order until disposition. If secure detention care is ordered by
 8592  the court, it must be authorized under this part and may not
 8593  exceed:
 8594         1. Twenty-one days unless an adjudicatory hearing for the
 8595  case has been commenced in good faith by the court or the period
 8596  is extended by the court pursuant to paragraph (b); or
 8597         2. Fifteen days after the entry of an order of
 8598  adjudication.
 8599  
 8600  As used in this paragraph, the term “disposition” means a
 8601  declination to file under s. 985.15(1)(h), the entry of nolle
 8602  prosequi for the charges, the filing of an indictment under s.
 8603  985.56 or an information under s. 985.557, a dismissal of the
 8604  case, or an order of final disposition by the court.
 8605         Section 174. Except as otherwise expressly provided in this
 8606  act, and except for this section, which shall take effect upon
 8607  this act becoming a law, this act shall take effect October 1,
 8608  2019.

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