Bill Text: FL S1334 | 2019 | Regular Session | Comm Sub


Bill Title: Criminal Justice

Spectrum:

Status: (Failed) 2019-05-03 - Died in Judiciary [S1334 Detail]

Download: Florida-2019-S1334-Comm_Sub.html
       Florida Senate - 2019                             CS for SB 1334
       
       
        
       By the Committee on Criminal Justice; and Senators Brandes and
       Bracy
       
       
       
       
       591-03161-19                                          20191334c1
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; creating s.
    3         562.112, F.S.; prohibiting the arrest, charge,
    4         prosecution, or penalization under specified
    5         provisions of a person acting in good faith who seeks
    6         medical assistance for an individual experiencing, or
    7         believed to be experiencing, an alcohol-related
    8         overdose; providing requirements for that person;
    9         prohibiting the arrest, charge, or prosecution of or
   10         imposition of penalties on, under specified
   11         provisions, a person who experiences, or has a good
   12         faith belief that he or she is experiencing, an
   13         alcohol-related overdose; prohibiting the protection
   14         from arrest, charge, prosecution, or the imposition of
   15         penalties for certain offenses from being grounds for
   16         suppression of evidence in other criminal
   17         prosecutions; amending s. 812.014, F.S.; increasing
   18         threshold amounts for certain theft offenses; revising
   19         the list of items the theft of which constitutes theft
   20         of the third degree; providing that the value of taken
   21         property is based on fair market value at the time of
   22         the taking; requiring the Office of Program Policy
   23         Analysis and Government Accountability (OPPAGA) to
   24         conduct a study of the threshold amounts every 5
   25         years; providing the scope of the study; requiring
   26         OPPAGA to include options, if appropriate; requiring
   27         OPPAGA to consult with the Office of Economic and
   28         Demographic Research and other interested entities;
   29         requiring OPPAGA to submit a report to the Governor
   30         and the Legislature by a specified date at certain
   31         intervals; amending s. 812.015, F.S.; defining the
   32         term “value”; increasing threshold amounts for a
   33         certain theft offense; revising the circumstances
   34         under which an offense of retail theft constitutes a
   35         felony of the second degree; requiring OPPAGA to
   36         conduct a study of the threshold amounts every 5
   37         years; providing the scope of the study; requiring
   38         OPPAGA to include options, if appropriate; requiring
   39         OPPAGA to consult with the Office of Economic and
   40         Demographic Research and other interested entities;
   41         requiring OPPAGA to submit a report to the Governor
   42         and the Legislature by a specified date at certain
   43         intervals; amending s. 893.13, F.S.; providing that
   44         only offenses involving the sale or manufacturing of a
   45         controlled substance are subject to enhanced penalties
   46         when committed within a drug-free zone; reducing the
   47         distance applicable to certain controlled substance
   48         offenses committed within certain drug-free zones;
   49         amending s. 893.135, F.S.; defining the term “dosage
   50         unit”; providing applicability; prohibiting the sale,
   51         purchase, delivery, bringing into this state, or
   52         actual or constructive possession of specified amounts
   53         of dosage units of certain controlled substances;
   54         providing criminal penalties; creating the offense of
   55         “trafficking in pharmaceuticals”; amending s. 893.135,
   56         F.S.; authorizing a court to impose a sentence other
   57         than a mandatory minimum term of imprisonment and
   58         mandatory fine for a person convicted of trafficking
   59         if the court makes certain findings on the record;
   60         amending s. 893.21, F.S.; prohibiting the arrest,
   61         charge, prosecution, or penalization under specified
   62         provisions of a person acting in good faith who seeks
   63         medical assistance for an individual experiencing, or
   64         believed to be experiencing, a drug-related overdose;
   65         prohibiting the arrest, charge, prosecution, or
   66         penalization under specified provisions of a person
   67         who experiences, or has a good faith belief that he or
   68         she is experiencing, a drug-related overdose;
   69         prohibiting a person from being penalized for a
   70         violation of a condition of certain programs if that
   71         person in good faith seeks medical assistance for
   72         himself or herself or an individual experiencing, or
   73         believed to be experiencing, a drug-related overdose;
   74         prohibiting the protection from arrest, charge,
   75         prosecution, or the imposition of penalties for
   76         certain offenses from being grounds for suppression of
   77         evidence in other criminal prosecutions; creating s.
   78         907.042, F.S.; providing legislative findings;
   79         authorizing each county to establish a supervised bond
   80         program with the concurrence of the chief judge of the
   81         judicial circuit, the county’s chief correctional
   82         officer, the state attorney, and the public defender;
   83         providing an exception for a county that has already
   84         established and implemented a supervised bond program
   85         that uses a risk assessment instrument; providing
   86         minimum program requirements; requiring each county
   87         that establishes a supervised bond program to have the
   88         risk assessment instrument validated by the Department
   89         of Corrections; requiring each county that establishes
   90         a supervised bond program to submit an annual report
   91         by a certain date to OPPAGA; requiring OPPAGA to
   92         compile such reports and include such information in a
   93         specified report sent to the Legislature; authorizing
   94         the department to adopt rules; creating s. 907.0421,
   95         F.S.; providing legislative findings; authorizing the
   96         chief judge of each circuit, with the concurrence of
   97         the county’s chief correctional officer, the state
   98         attorney, and the public defender, to enter an
   99         administrative order for the use of a risk assessment
  100         instrument in pretrial release determinations;
  101         requiring the risk assessment instrument results to be
  102         used as supplemental factors for the court’s
  103         evaluation of appropriate pretrial release conditions;
  104         requiring the court to impose the least restrictive
  105         conditions necessary to reasonably ensure the
  106         defendant’s appearance at subsequent hearings;
  107         providing that a court retains sole discretion to
  108         determine the appropriateness of pretrial release and
  109         any necessary pretrial release conditions; requiring a
  110         circuit that uses a risk assessment instrument to have
  111         the instrument validated by the department;
  112         authorizing the circuit to implement the risk
  113         assessment instrument immediately after validation and
  114         completion of training of all local staff who will
  115         administer the risk assessment instrument; requiring
  116         each circuit that enters an administrative order to
  117         use risk assessment instruments in pretrial release
  118         determinations to submit an annual report by a certain
  119         date to OPPAGA; requiring OPPAGA to compile the
  120         reports and include such information in a specified
  121         report sent to the Legislature; authorizing the
  122         department to adopt rules; amending s. 945.091, F.S.;
  123         authorizing the department to extend the limits of the
  124         place of confinement to allow an inmate to participate
  125         in supervised community release, subject to certain
  126         requirements, as prescribed by the department by rule;
  127         requiring the department to administer a risk
  128         assessment instrument to determine an inmate’s
  129         appropriateness for release on electronic monitoring;
  130         authorizing the department to terminate an inmate’s
  131         participation under certain circumstances; authorizing
  132         a law enforcement or probation officer to arrest such
  133         an inmate without a warrant in accordance with
  134         specified authority; requiring a law enforcement
  135         officer to report alleged violations to a supervising
  136         probation office or to the department’s emergency
  137         action center for disposition of disciplinary charges
  138         as prescribed by the department by rule; providing
  139         that participating inmates remain eligible to earn or
  140         lose gain-time, but not in an amount that results in
  141         an inmate being released prior to serving a certain
  142         percent of the sentence imposed; prohibiting such
  143         inmates from being counted in the population of the
  144         prison system and their approved community-based
  145         housing location from being counted in the capacity
  146         figures for the prison system; amending s. 947.005,
  147         F.S.; defining the term “conditional medical release”;
  148         amending s. 947.149, F.S.; defining the term “inmate
  149         with a debilitating illness”; redefining the term
  150         “terminally ill inmate”; expanding eligibility for
  151         conditional medical release to include inmates with
  152         debilitating illnesses; amending s. 893.03, F.S.;
  153         conforming a cross-reference; amending s. 921.0022,
  154         F.S.; conforming provisions to changes made by the
  155         act; conforming a cross-reference; reenacting ss.
  156         95.18(10), 400.9935(3), 409.910(17)(g), 489.126(4),
  157         550.6305(10), 627.743(2), 634.319(2), 634.421(2),
  158         636.238(3), 642.038(2), 705.102(4), 718.111(1)(d),
  159         812.015(2), 812.0155(1) and (2), 812.14(4), (7), and
  160         (8), 893.138(3), 932.701(2)(a), 943.051(3)(b),
  161         985.11(1)(b), and 985.557(1)(a) and (2)(c), F.S.,
  162         relating to adverse possession without color of title;
  163         clinic responsibilities; responsibility for payments
  164         on behalf of Medicaid-eligible persons when other
  165         parties are liable; moneys received by contractors;
  166         intertrack wagering; payment of third-party claims;
  167         diversion or appropriation of certain funds received
  168         by sales representatives; diversion or appropriation
  169         of certain funds received by sales representatives;
  170         penalties for certain violations; diversion or
  171         appropriation of certain funds received by sales
  172         representatives; reporting lost or abandoned property;
  173         condominium associations; retail and farm theft;
  174         suspension of driver license following an adjudication
  175         of guilt for theft; trespass and larceny with relation
  176         to utility fixtures and theft of utility services;
  177         local administrative action to abate drug-related,
  178         prostitution-related, or stolen-property-related
  179         public nuisances and criminal gang activity; the
  180         definition of the term “contraband article”;
  181         fingerprinting of certain minors; fingerprinting and
  182         photographing of certain children; and discretionary
  183         and mandatory criteria for the direct filing of an
  184         information, respectively, to incorporate the
  185         amendment made to s. 812.014, F.S., in references
  186         thereto; reenacting s. 538.09(5), F.S., relating to
  187         the registration of a secondhand dealer, to
  188         incorporate the amendment made to s. 812.015, F.S., in
  189         a reference thereto; reenacting ss. 538.23(2) and
  190         812.0155(2), F.S., relating to secondary metals
  191         recycler violations and penalties and suspension of
  192         driver license following an adjudication of guilt for
  193         theft, respectively, to incorporate the amendments
  194         made to ss. 812.014 and 812.015, F.S., in references
  195         thereto; reenacting ss. 397.4073(6), 414.095(1),
  196         772.12(2), 775.087(2)(a) and (3)(a), 782.04(1)(a),
  197         (3), and (4), 810.02(3), 812.014(2)(c), 893.13(8)(d),
  198         893.1351(1) and (2), 900.05(3)(e), 903.133,
  199         907.041(4)(c), and 921.0024(1)(b), F.S., relating to
  200         background checks of service provider personnel; the
  201         determination of eligibility for temporary cash
  202         assistance; the Drug Dealer Liability Act; felony
  203         reclassification of the possession or use of a weapon
  204         in an aggravated battery; murder; burglary; theft;
  205         prohibited acts that relate to the prescription of
  206         controlled substances; ownership, lease, rental, or
  207         possession for trafficking in or manufacturing
  208         controlled substances; criminal justice data
  209         collection; the prohibition of bail on appeal for
  210         certain felony convictions; pretrial detention and
  211         release; the scoresheet worksheet key for computation
  212         in the Criminal Punishment Code, respectively, to
  213         incorporate the amendment made to s. 893.135, F.S., in
  214         references thereto; reenacting ss. 944.516(2),
  215         945.092, and 946.503(2), F.S., relating to money or
  216         other property received for personal use or benefit of
  217         inmate, deposit, disposition of unclaimed trust funds;
  218         limits on work-release and minimum security custody
  219         for persons who have committed the crime of escape;
  220         and definitions to be used with respect to
  221         correctional work programs, respectively, to
  222         incorporate the amendment made to s. 945.091, F.S., in
  223         references thereto; reenacting ss. 316.1935(6),
  224         775.084(4)(k), 784.07(3), 790.235(1), 794.0115(7),
  225         893.135(1)(b), (c), and (g) and (3), 944.605(7)(b),
  226         944.70(1)(b), 947.13(1)(h), and 947.141(1), (2), and
  227         (7), F.S., all relating to eligibility for conditional
  228         medical release under s. 947.149, F.S., to incorporate
  229         the amendment made to s. 947.149, F.S., in references
  230         thereto; reenacting s. 373.6055(3)(c), relating to
  231         criminal history checks of certain water management
  232         district employees and others, to incorporate the
  233         amendments made to ss. 812.014 and 893.135, in
  234         references thereto; reenacting ss. 775.087(2)(a) and
  235         (b) and (3)(a) and (b) and 921.0024(1)(b) and (2),
  236         relating to felony reclassification of aggravated
  237         battery with possession or use of a weapon and the
  238         Criminal Punishment Code worksheet key computations,
  239         respectively, to incorporate the amendments made to
  240         ss. 893.135 and 947.149, F.S., in references thereto;
  241         providing effective dates.
  242          
  243  Be It Enacted by the Legislature of the State of Florida:
  244  
  245         Section 1. Effective July 1, 2019, section 562.112, Florida
  246  Statutes, is created to read:
  247         562.112 Alcohol-related overdoses; medical assistance;
  248  immunity from arrest, charge, prosecution, and penalties.—
  249         (1) A person who gives alcohol to an individual under 21
  250  years of age and who, acting in good faith, seeks medical
  251  assistance for the individual experiencing, or believed to be
  252  experiencing, an alcohol-related overdose may not be arrested,
  253  charged, prosecuted, or penalized for a violation of s. 562.11
  254  or s. 562.111 if the evidence for such offense was obtained as a
  255  result of that person seeking medical assistance. The person who
  256  seeks such assistance shall remain at the scene until emergency
  257  medical services personnel arrive and must cooperate with them
  258  and with law enforcement officers at the scene.
  259         (2) A person who experiences, or has a good faith belief
  260  that he or she is experiencing, an alcohol-related overdose and
  261  is in need of medical assistance may not be arrested, charged,
  262  prosecuted, or penalized for a violation of s. 562.111 if the
  263  evidence for such offense was obtained as a result of that
  264  person seeking medical assistance.
  265         (3) Protection under this section from arrest, charge,
  266  prosecution, or penalties for an offense listed in this section
  267  may not be grounds for suppression of evidence in other criminal
  268  prosecutions.
  269         Section 2. Paragraphs (c), (d), and (e) of subsection (2)
  270  and subsection (3) of section 812.014, Florida Statutes, are
  271  amended, and subsections (7) and (8) are added to that section,
  272  to read:
  273         812.014 Theft.—
  274         (2)
  275         (c) It is grand theft of the third degree and a felony of
  276  the third degree, punishable as provided in s. 775.082, s.
  277  775.083, or s. 775.084, if the property stolen is:
  278         1. Valued at $1,500 $300 or more, but less than $5,000.
  279         2. Valued at $5,000 or more, but less than $10,000.
  280         3. Valued at $10,000 or more, but less than $20,000.
  281         4. A will, codicil, or other testamentary instrument.
  282         4.5. A firearm.
  283         5.6. A motor vehicle, except as provided in paragraph (a).
  284         6.7. Any commercially farmed animal, including any animal
  285  of the equine, avian, bovine, or swine class or other grazing
  286  animal; a bee colony of a registered beekeeper; and aquaculture
  287  species raised at a certified aquaculture facility. If the
  288  property stolen is a commercially farmed animal, including an
  289  animal of the equine, avian, bovine, or swine class or other
  290  grazing animal; a bee colony of a registered beekeeper; or an
  291  aquaculture species raised at a certified aquaculture facility,
  292  a $10,000 fine shall be imposed.
  293         8. Any fire extinguisher.
  294         7.9. Any amount of citrus fruit consisting of 2,000 or more
  295  individual pieces of fruit.
  296         8.10. Taken from a designated construction site identified
  297  by the posting of a sign as provided for in s. 810.09(2)(d).
  298         9.11. Any stop sign.
  299         10.12. Anhydrous ammonia.
  300         11.13. Any amount of a controlled substance as defined in
  301  s. 893.02. Notwithstanding any other law, separate judgments and
  302  sentences for theft of a controlled substance under this
  303  subparagraph and for any applicable possession of controlled
  304  substance offense under s. 893.13 or trafficking in controlled
  305  substance offense under s. 893.135 may be imposed when all such
  306  offenses involve the same amount or amounts of a controlled
  307  substance.
  308  
  309  However, if the property is stolen within a county that is
  310  subject to a state of emergency declared by the Governor under
  311  chapter 252, the property is stolen after the declaration of
  312  emergency is made, and the perpetration of the theft is
  313  facilitated by conditions arising from the emergency, the
  314  offender commits a felony of the second degree, punishable as
  315  provided in s. 775.082, s. 775.083, or s. 775.084, if the
  316  property is valued at $5,000 or more, but less than $10,000, as
  317  provided under subparagraph 2., or if the property is valued at
  318  $10,000 or more, but less than $20,000, as provided under
  319  subparagraph 3. As used in this paragraph, the term “conditions
  320  arising from the emergency” means civil unrest, power outages,
  321  curfews, voluntary or mandatory evacuations, or a reduction in
  322  the presence of or the response time for first responders or
  323  homeland security personnel. For purposes of sentencing under
  324  chapter 921, a felony offense that is reclassified under this
  325  paragraph is ranked one level above the ranking under s.
  326  921.0022 or s. 921.0023 of the offense committed.
  327         (d) It is grand theft of the third degree and a felony of
  328  the third degree, punishable as provided in s. 775.082, s.
  329  775.083, or s. 775.084, if the property stolen is valued at
  330  $1,500 $100 or more, but less than $5,000 $300, and is taken
  331  from a dwelling as defined in s. 810.011(2) or from the
  332  unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
  333         (e) Except as provided in paragraph (d), if the property
  334  stolen is valued at $500 $100 or more, but less than $1,500
  335  $300, the offender commits petit theft of the first degree,
  336  punishable as a misdemeanor of the first degree, as provided in
  337  s. 775.082 or s. 775.083.
  338         (3)(a) Theft of any property not specified in subsection
  339  (2) is petit theft of the second degree and a misdemeanor of the
  340  second degree, punishable as provided in s. 775.082 or s.
  341  775.083, and as provided in subsection (5), as applicable.
  342         (b) A person who commits petit theft and who has previously
  343  been convicted of any theft commits a misdemeanor of the first
  344  degree, punishable as provided in s. 775.082 or s. 775.083.
  345         (c) A person who commits petit theft in the first degree
  346  and who has previously been convicted two or more times as an
  347  adult of any theft commits a felony of the third degree,
  348  punishable as provided in s. 775.082 or s. 775.083 if the third
  349  or subsequent petit theft offense occurred within 3 years after
  350  the expiration of his or her sentence for the most recent theft
  351  conviction.
  352         (d)1. Every judgment of guilty or not guilty of a petit
  353  theft shall be in writing, signed by the judge, and recorded by
  354  the clerk of the circuit court. The judge shall cause to be
  355  affixed to every such written judgment of guilty of petit theft,
  356  in open court and in the presence of such judge, the
  357  fingerprints of the defendant against whom such judgment is
  358  rendered. Such fingerprints shall be affixed beneath the judge’s
  359  signature to such judgment. Beneath such fingerprints shall be
  360  appended a certificate to the following effect:
  361  
  362         “I hereby certify that the above and foregoing fingerprints
  363  on this judgment are the fingerprints of the defendant, ....,
  364  and that they were placed thereon by said defendant in my
  365  presence, in open court, this the .... day of ....,
  366  ...(year)....”
  367  
  368  Such certificate shall be signed by the judge, whose signature
  369  thereto shall be followed by the word “Judge.”
  370         2. Any such written judgment of guilty of a petit theft, or
  371  a certified copy thereof, is admissible in evidence in the
  372  courts of this state as prima facie evidence that the
  373  fingerprints appearing thereon and certified by the judge are
  374  the fingerprints of the defendant against whom such judgment of
  375  guilty of a petit theft was rendered.
  376         (7) For purposes of determining the value of property taken
  377  in violation of this section, the value must be based on the
  378  fair market value of the property at the time the taking
  379  occurred.
  380         (8) The Office of Program Policy Analysis and Government
  381  Accountability (OPPAGA) shall, every 5 years, perform a study of
  382  the appropriateness of the threshold amounts included in this
  383  section. The study’s scope must include, but need not be limited
  384  to, the crime trends related to theft offenses, the theft
  385  threshold amounts of other states in effect at the time of the
  386  study, the fiscal impact of any modifications to Florida’s
  387  threshold amounts, and any economic factors, such as inflation.
  388  The report must include options for amending the threshold
  389  amounts if the study finds that the amounts are inconsistent
  390  with current trends. In conducting the study, OPPAGA shall
  391  consult with the Office of Economic and Demographic Research in
  392  addition to other interested entities. OPPAGA shall submit a
  393  report to the Governor, President of the Senate, and Speaker of
  394  the House of Representatives by September 1 of every 5th year.
  395         Section 3. Subsections (8) and (9) of section 812.015,
  396  Florida Statutes, are amended, and paragraph (n) of subsection
  397  (1) and subsection (10) are added to that section, to read:
  398         812.015 Retail and farm theft; transit fare evasion;
  399  mandatory fine; alternative punishment; detention and arrest;
  400  exemption from liability for false arrest; resisting arrest;
  401  penalties.—
  402         (1) As used in this section:
  403         (n) “Value” means the fair market value of the property
  404  taken in violation of this section at the time the taking
  405  occurred.
  406         (8) Except as provided in subsection (9), a person who
  407  commits retail theft commits a felony of the third degree,
  408  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  409  if the property stolen is valued at $1,500 $300 or more, and the
  410  person:
  411         (a) Individually, or in concert with one or more other
  412  persons, coordinates the activities of one or more individuals
  413  in committing the offense, in which case the amount of each
  414  individual theft is aggregated to determine the value of the
  415  property stolen;
  416         (b) Commits theft from more than one location within a 48
  417  hour period, in which case the amount of each individual theft
  418  is aggregated to determine the value of the property stolen;
  419         (c) Acts in concert with one or more other individuals
  420  within one or more establishments to distract the merchant,
  421  merchant’s employee, or law enforcement officer in order to
  422  carry out the offense, or acts in other ways to coordinate
  423  efforts to carry out the offense; or
  424         (d) Commits the offense through the purchase of merchandise
  425  in a package or box that contains merchandise other than, or in
  426  addition to, the merchandise purported to be contained in the
  427  package or box.
  428         (9) A person commits a felony of the second degree,
  429  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  430  if the person:
  431         (a) Violates subsection (8) as an adult and has previously
  432  been convicted of a violation of subsection (8) within 3 years
  433  after the expiration of his or her sentence for the conviction;
  434  or
  435         (b) Individually, or in concert with one or more other
  436  persons, coordinates the activities of one or more persons in
  437  committing the offense of retail theft where the stolen property
  438  has a value in excess of $3,000.
  439         (10) The Office of Program Policy Analysis and Government
  440  Accountability (OPPAGA) shall, every 5 years, perform a study of
  441  the appropriateness of the threshold amounts included in this
  442  section. The study’s scope must include, but need not be limited
  443  to, the crime trends related to theft offenses, the theft
  444  threshold amounts of other states in effect at the time of the
  445  study, the fiscal impact of any modifications to Florida’s
  446  threshold amounts, and any economic factors, such as inflation.
  447  The report must include options for amending the threshold
  448  amounts if the study finds that the amounts are inconsistent
  449  with current trends. In conducting the study, OPPAGA shall
  450  consult with the Office of Economic and Demographic Research in
  451  addition to other interested entities. OPPAGA shall submit a
  452  report to the Governor, President of the Senate, and Speaker of
  453  the House of Representatives by September 1 of every 5th year.
  454         Section 4. Paragraphs (c) through (f) and (h) of subsection
  455  (1) of section 893.13, Florida Statutes, are amended to read:
  456         893.13 Prohibited acts; penalties.—
  457         (1)
  458         (c) Except as authorized by this chapter, a person may not
  459  sell or, manufacture, or deliver, or possess with intent to
  460  sell, manufacture, or deliver, a controlled substance in, on, or
  461  within 1,000 feet of the real property comprising a child care
  462  facility as defined in s. 402.302 or a public or private
  463  elementary, middle, or secondary school between the hours of 6
  464  a.m. and 12 midnight, or at any time in, on, or within 250 1,000
  465  feet of real property comprising a state, county, or municipal
  466  park, a community center, or a publicly owned recreational
  467  facility. As used in this paragraph, the term “community center”
  468  means a facility operated by a nonprofit community-based
  469  organization for the provision of recreational, social, or
  470  educational services to the public. A person who violates this
  471  paragraph with respect to:
  472         1. A controlled substance named or described in s.
  473  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
  474  commits a felony of the first degree, punishable as provided in
  475  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
  476  sentenced to a minimum term of imprisonment of 3 calendar years
  477  unless the offense was committed within 1,000 feet of the real
  478  property comprising a child care facility as defined in s.
  479  402.302.
  480         2. A controlled substance named or described in s.
  481  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
  482  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
  483  the second degree, punishable as provided in s. 775.082, s.
  484  775.083, or s. 775.084.
  485         3. Any other controlled substance, except as lawfully sold
  486  or, manufactured, or delivered, must be sentenced to pay a $500
  487  fine and to serve 100 hours of public service in addition to any
  488  other penalty prescribed by law.
  489  
  490  This paragraph does not apply to a child care facility unless
  491  the owner or operator of the facility posts a sign that is not
  492  less than 2 square feet in size with a word legend identifying
  493  the facility as a licensed child care facility and that is
  494  posted on the property of the child care facility in a
  495  conspicuous place where the sign is reasonably visible to the
  496  public.
  497         (d) Except as authorized by this chapter, a person may not
  498  sell or, manufacture, or deliver, or possess with intent to
  499  sell, manufacture, or deliver, a controlled substance in, on, or
  500  within 250 1,000 feet of the real property comprising a public
  501  or private college, university, or other postsecondary
  502  educational institution. A person who violates this paragraph
  503  with respect to:
  504         1. A controlled substance named or described in s.
  505  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
  506  commits a felony of the first degree, punishable as provided in
  507  s. 775.082, s. 775.083, or s. 775.084.
  508         2. A controlled substance named or described in s.
  509  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
  510  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
  511  the second degree, punishable as provided in s. 775.082, s.
  512  775.083, or s. 775.084.
  513         3. Any other controlled substance, except as lawfully sold
  514  or, manufactured, or delivered, must be sentenced to pay a $500
  515  fine and to serve 100 hours of public service in addition to any
  516  other penalty prescribed by law.
  517         (e) Except as authorized by this chapter, a person may not
  518  sell or, manufacture, or deliver, or possess with intent to
  519  sell, manufacture, or deliver, a controlled substance not
  520  authorized by law in, on, or within 1,000 feet of a physical
  521  place for worship at which a church or religious organization
  522  regularly conducts religious services or within 250 1,000 feet
  523  of a convenience business as defined in s. 812.171. A person who
  524  violates this paragraph with respect to:
  525         1. A controlled substance named or described in s.
  526  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
  527  commits a felony of the first degree, punishable as provided in
  528  s. 775.082, s. 775.083, or s. 775.084.
  529         2. A controlled substance named or described in s.
  530  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
  531  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
  532  the second degree, punishable as provided in s. 775.082, s.
  533  775.083, or s. 775.084.
  534         3. Any other controlled substance, except as lawfully sold
  535  or, manufactured, or delivered, must be sentenced to pay a $500
  536  fine and to serve 100 hours of public service in addition to any
  537  other penalty prescribed by law.
  538         (f) Except as authorized by this chapter, a person may not
  539  sell or, manufacture, or deliver, or possess with intent to
  540  sell, manufacture, or deliver, a controlled substance in, on, or
  541  within 250 1,000 feet of the real property comprising a public
  542  housing facility at any time. As used in this section, the term
  543  “real property comprising a public housing facility” means real
  544  property, as defined in s. 421.03(12), of a public corporation
  545  created as a housing authority pursuant to part I of chapter
  546  421. A person who violates this paragraph with respect to:
  547         1. A controlled substance named or described in s.
  548  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
  549  commits a felony of the first degree, punishable as provided in
  550  s. 775.082, s. 775.083, or s. 775.084.
  551         2. A controlled substance named or described in s.
  552  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
  553  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
  554  the second degree, punishable as provided in s. 775.082, s.
  555  775.083, or s. 775.084.
  556         3. Any other controlled substance, except as lawfully sold
  557  or, manufactured, or delivered, must be sentenced to pay a $500
  558  fine and to serve 100 hours of public service in addition to any
  559  other penalty prescribed by law.
  560         (h) Except as authorized by this chapter, a person may not
  561  sell or, manufacture, or deliver, or possess with intent to
  562  sell, manufacture, or deliver, a controlled substance in, on, or
  563  within 1,000 feet of the real property comprising an assisted
  564  living facility, as that term is used in chapter 429. A person
  565  who violates this paragraph with respect to:
  566         1. A controlled substance named or described in s.
  567  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
  568  commits a felony of the first degree, punishable as provided in
  569  s. 775.082, s. 775.083, or s. 775.084.
  570         2. A controlled substance named or described in s.
  571  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
  572  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
  573  the second degree, punishable as provided in s. 775.082, s.
  574  775.083, or s. 775.084.
  575         3. Any other controlled substance, except as lawfully sold
  576  or, manufactured, or delivered, must be sentenced to pay a $500
  577  fine and to serve 100 hours of public service in addition to any
  578  other penalty prescribed by law.
  579         Section 5. Paragraph (o) is added to subsection (1) of
  580  section 893.135, Florida Statutes, to read:
  581         893.135 Trafficking; mandatory sentences; suspension or
  582  reduction of sentences; conspiracy to engage in trafficking.—
  583         (1) Except as authorized in this chapter or in chapter 499
  584  and notwithstanding the provisions of s. 893.13:
  585         (o)1. As used in this paragraph, the term “dosage unit”
  586  means an individual tablet, capsule, pill, transdermal patch,
  587  unit of sublingual gelatin, or other visually distinctive form,
  588  each having a clear manufacturer marking, of a commercial drug
  589  product approved by the federal Food and Drug Administration and
  590  manufactured and distributed by a pharmaceutical company
  591  lawfully doing business in the United States.
  592         2. Notwithstanding any other provision of this section, the
  593  sale, purchase, manufacture, delivery, or actual or constructive
  594  possession of fewer than 120 dosage units containing any
  595  controlled substance described in this section is not a
  596  violation of this section.
  597         3.A person who knowingly sells, purchases, delivers, or
  598  brings into this state, or who is knowingly in actual or
  599  constructive possession of, 120 or more dosage units containing
  600  a controlled substance described in this section commits a
  601  felony of the first degree, which felony shall be known as
  602  “trafficking in pharmaceuticals,” punishable as provided in s.
  603  775.082, s. 775.083, or s. 775.084, and must be prosecuted under
  604  this paragraph. If the quantity involved:
  605         a. Is 120 or more dosage units, but less than 500 dosage
  606  units, such person shall be sentenced to a mandatory minimum
  607  term of imprisonment of 3 years and ordered to pay a fine of up
  608  to $25,000.
  609         b. Is 500 or more dosage units, but less than 1,000 dosage
  610  units, such person shall be sentenced to a mandatory minimum
  611  term of imprisonment of 7 years and ordered to pay a fine of up
  612  to $50,000.
  613         c. Is 1,000 or more dosage units, but less than 5,000
  614  dosage units, such person shall be sentenced to a mandatory
  615  minimum term of imprisonment of 15 years and ordered to pay a
  616  fine of up to $100,000.
  617         d. Is 5,000 or more dosage units, such person shall be
  618  sentenced to a mandatory minimum term of imprisonment of 25
  619  years and ordered to pay a fine of up to $250,000.
  620         Section 6. Effective July 1, 2019, present subsections (6)
  621  and (7) of section 893.135, Florida Statutes, are redesignated
  622  as subsections (7) and (8), respectively, and a new subsection
  623  (6) is added to that section, to read:
  624         893.135 Trafficking; mandatory sentences; suspension or
  625  reduction of sentences; conspiracy to engage in trafficking.—
  626         (6) Notwithstanding any other provision of this section, a
  627  court may impose a sentence for a violation of this section
  628  other than the mandatory minimum term of imprisonment and
  629  mandatory fine if the court finds on the record that all of the
  630  following circumstances exist:
  631         (a) The person did not engage in a continuing criminal
  632  enterprise as defined in s. 893.20(1).
  633         (b)The person did not use or threaten violence or use a
  634  weapon during the commission of the crime.
  635         (c)The person did not cause a death or serious bodily
  636  injury.
  637         Section 7. Effective July 1, 2019, section 893.21, Florida
  638  Statutes, is amended to read:
  639         893.21 Drug-related overdoses; medical assistance; immunity
  640  from arrest, charge, prosecution, and penalties.—
  641         (1) A person acting in good faith who seeks medical
  642  assistance for an individual experiencing, or believed to be
  643  experiencing, a drug-related overdose may not be arrested,
  644  charged, prosecuted, or penalized pursuant to this chapter for a
  645  violation of s. 782.04(1)(a)3., s. 893.13, s. 893.135, or s.
  646  893.147 possession of a controlled substance if the evidence for
  647  such offense possession of a controlled substance was obtained
  648  as a result of the person’s seeking medical assistance.
  649         (2) A person who experiences, or has a good faith belief
  650  that he or she is experiencing, a drug-related overdose and is
  651  in need of medical assistance may not be arrested, charged,
  652  prosecuted, or penalized pursuant to this chapter for a
  653  violation of s. 893.13, s. 893.135, or s. 893.147 possession of
  654  a controlled substance if the evidence for such offense
  655  possession of a controlled substance was obtained as a result of
  656  that person seeking the overdose and the need for medical
  657  assistance.
  658         (3) A person who experiences, or has a good faith belief
  659  that he or she is experiencing, a drug-related overdose and
  660  receives medical assistance, or a person acting in good faith
  661  who seeks medical assistance for an individual experiencing, or
  662  believed to be experiencing, a drug-related overdose, may not be
  663  penalized for a violation of a condition of pretrial release,
  664  probation, or parole if the evidence for such violation was
  665  obtained as a result of that person seeking medical assistance.
  666         (4)(3) Protection under in this section from arrest,
  667  charge, prosecution, or penalties for an offense listed in this
  668  section possession offenses under this chapter may not be
  669  grounds for suppression of evidence in other criminal
  670  prosecutions.
  671         Section 8. Section 907.042, Florida Statutes, is created to
  672  read:
  673         907.042Supervised bond program.—
  674         (1)LEGISLATIVE FINDINGS.—The Legislature finds that there
  675  is a need to use evidence-based methods to identify defendants
  676  who can successfully comply with specified pretrial release
  677  conditions. The Legislature finds that the use of actuarial
  678  instruments that evaluate criminogenic-based needs and classify
  679  defendants according to levels of risk provides a more
  680  consistent and accurate assessment of a defendant’s risk of
  681  noncompliance while on pretrial release pending trial. The
  682  Legislature also finds that both the community and the defendant
  683  are better served when a defendant who poses a low risk to
  684  society is provided the opportunity to fulfill employment and
  685  familial responsibilities in the community under a structured
  686  pretrial release plan that provides the defendant the best
  687  chance of maintaining compliance with all pretrial conditions,
  688  rather than keeping him or her in custody. The Legislature finds
  689  that there is a benefit to establishing a supervised bond
  690  program in each county for the purpose of providing pretrial
  691  release to certain defendants who may not otherwise be eligible
  692  for pretrial release on unsupervised nonmonetary conditions and
  693  who do not have the ability to satisfy the bond imposed by the
  694  court. The Legislature finds that the creation of such a program
  695  will reduce the likelihood of defendants remaining unnecessarily
  696  in custody pending trial.
  697         (2)CREATION.—A supervised bond program may be established
  698  in each county, with the terms of each program to be developed
  699  with concurrence of the chief judge of the judicial circuit, the
  700  county’s chief correctional officer, the state attorney, and the
  701  public defender. A county that, on or before October 1, 2019,
  702  has an established supervised bond program that uses a validated
  703  risk assessment instrument for similar pretrial or supervision
  704  determinations may continue to operate the program if the
  705  program meets the requirements of subsections (3), (4), and (5).
  706         (3) PROGRAM REQUIREMENTS.—At a minimum, a supervised bond
  707  program must:
  708         (a) Be administered by the county’s chief correctional
  709  officer.
  710         (b) Use the results of a validated pretrial risk assessment
  711  instrument that has been administered to a defendant for the
  712  purposes of pretrial release or supervision determinations.
  713         (c) Assess a defendant’s behavioral characteristics and
  714  needs that increase the likelihood of criminal activity and that
  715  may be addressed through the provision of services.
  716         (d) Coordinate necessary services and supervision to reduce
  717  the likelihood of criminal activity and to increase the
  718  likelihood of compliance with pretrial release conditions.
  719         (e) Require the appropriate court to make a final
  720  determination regarding whether a defendant will be placed into
  721  the supervised bond program. If such a determination is made,
  722  the court must also:
  723         1. Determine the conditions of the individualized
  724  supervision plan with which the defendant must comply as a part
  725  of the supervised bond program, including, but not limited to,
  726  the requirements that the defendant must:
  727         a. Be placed on active electronic monitoring or active
  728  continuous alcohol monitoring, or both, dependent upon the level
  729  of risk indicated by the risk assessment instrument; and
  730         b. Communicate weekly, via telephone or in-person contact,
  731  as determined by the court, with the office of the county’s
  732  chief correctional officer.
  733         2. Review the bond of a defendant who is being accepted
  734  into the supervised bond program to determine if a reduction of
  735  the amount of court-ordered bond, up to and including its
  736  entirety, is appropriate.
  737         (f) Establish procedures for reassessing or terminating
  738  from the supervised bond program defendants who do not comply
  739  with the terms of the individualized supervision plan imposed
  740  through the program.
  741         (4) VALIDATION.—Each county that establishes a supervised
  742  bond program in accordance with this section must use a risk
  743  assessment instrument that is validated by the Department of
  744  Corrections. A risk assessment instrument that is used for other
  745  pretrial release determinations in accordance with s. 907.0421
  746  and that previously has been validated by the department does
  747  not need to be validated for use in the supervised bond program.
  748  An established supervised bond program that is in operation on
  749  October 1, 2019, which uses a risk assessment instrument may
  750  continue to operate while the department validates that
  751  instrument.
  752         (5) REPORTING.—
  753         (a) Each county that establishes a supervised bond program
  754  in accordance with this section, or that has an established
  755  supervised bond program that meets the requirements of
  756  subsection (3), shall provide an annual report to the Office of
  757  Program Policy Analysis and Government Accountability (OPPAGA)
  758  which details:
  759         1. The results of the administration of the risk assessment
  760  instrument;
  761         2. The supportive services provided to defendants who were
  762  assessed and accepted into the supervised bond program;
  763         3. The success rate of the program; and
  764         4. Any savings realized by the county as a result of such
  765  defendants being released from custody pending trial.
  766         (b) Beginning October 1, 2020, and by each October 1
  767  thereafter, the annual report from the county must be submitted
  768  to OPPAGA, which shall compile the results of such reports for
  769  inclusion in an independent section of its annual report
  770  developed and submitted to the President of the Senate and the
  771  Speaker of the House of Representatives in accordance with s.
  772  907.044.
  773         (6) RULEMAKING.—The department may adopt rules to
  774  administer this section.
  775         Section 9. Section 907.0421, Florida Statutes, is created
  776  to read:
  777         907.0421 Use of risk assessment instruments in pretrial
  778  release determinations.—
  779         (1) The Legislature finds that there is a need to use
  780  evidence-based methods to identify defendants who can
  781  successfully comply with specified pretrial release conditions.
  782  The Legislature finds that the use of actuarial instruments that
  783  classify defendants according to the likelihood of failure to
  784  appear at subsequent hearings or to engage in criminal conduct
  785  while awaiting trial provides a more consistent and accurate
  786  assessment of a defendant’s risk of noncompliance while on
  787  pretrial release pending trial. The Legislature also finds that
  788  research indicates that using accurate risk and needs assessment
  789  instruments ensures successful compliance with pretrial release
  790  conditions imposed on a defendant and reduces the likelihood of
  791  a defendant remaining unnecessarily in custody pending trial.
  792         (2) The chief judge of each judicial circuit, with the
  793  concurrence of the county’s chief correctional officer, the
  794  state attorney, and the public defender, may enter an
  795  administrative order to administer a risk assessment instrument
  796  in preparation for first appearance or may enter such an order
  797  within 72 hours after arrest so that the instrument may be used
  798  in pretrial release determinations. The risk assessment
  799  instrument must be objective, standardized, and based on
  800  analysis of empirical data and risk factors relevant to failure
  801  to meet pretrial release conditions which evaluates the
  802  likelihood of failure to appear in court and the likelihood of
  803  rearrest during the pretrial release period and which is
  804  validated on the pretrial population.
  805         (3)(a)The risk assessment instrument results must be used
  806  as supplemental factors for the court to consider when
  807  determining the appropriateness of first appearance pretrial
  808  release and, if applicable, the conditions of release which are
  809  appropriate based on predicted level of risk and the risk of
  810  failure to meet pretrial release conditions. Based on the risk
  811  assessment instrument results, the court shall impose the least
  812  restrictive conditions necessary to reasonably ensure that the
  813  defendant will be present at subsequent hearings.
  814         (b) A court that uses the results from a risk assessment
  815  instrument in first appearance pretrial release determinations
  816  retains sole discretion to impose any pretrial conditions it
  817  deems necessary to ensure the defendant’s appearance at
  818  subsequent hearings.
  819         (4) A circuit that intends to use a risk assessment
  820  instrument in pretrial release determinations must have the
  821  instrument independently validated by the Department of
  822  Corrections. A circuit may begin to use the instrument in
  823  pretrial release determinations immediately after its validation
  824  and the completion of training of all local staff who will
  825  administer the risk assessment instrument.
  826         (5)(a) Each circuit that establishes an administrative
  827  order for the use of risk assessment instruments in first
  828  appearance pretrial release determinations shall provide an
  829  annual report to the Office of Program Policy Analysis and
  830  Government Accountability (OPPAGA) which details:
  831         1. The risk assessment instrument used;
  832         2. The results of the administration of the risk assessment
  833  instrument, including the results of defendants who were
  834  detained in custody awaiting trial and those who were released
  835  from custody awaiting trial;
  836         3. The frequency with which released defendants failed to
  837  appear at one or more subsequent court hearings; and
  838         4. The level of risk determined in the risk assessment
  839  instrument associated with a defendant who failed to appear for
  840  any court hearing.
  841         (b) Beginning October 1, 2020, and by each October 1
  842  thereafter, the annual report from each circuit must be
  843  submitted to OPPAGA, which shall compile the results of such
  844  reports for inclusion in an independent section of its annual
  845  report developed and submitted to the President of the Senate
  846  and the Speaker of the House of Representatives in accordance
  847  with s. 907.044.
  848         (6) The department may adopt rules to administer this
  849  section.
  850         Section 10. Paragraph (d) is added to subsection (1) of
  851  section 945.091, Florida Statutes, to read:
  852         945.091 Extension of the limits of confinement; restitution
  853  by employed inmates.—
  854         (1) The department may adopt rules permitting the extension
  855  of the limits of the place of confinement of an inmate as to
  856  whom there is reasonable cause to believe that the inmate will
  857  honor his or her trust by authorizing the inmate, under
  858  prescribed conditions and following investigation and approval
  859  by the secretary, or the secretary’s designee, who shall
  860  maintain a written record of such action, to leave the confines
  861  of that place unaccompanied by a custodial agent for a
  862  prescribed period of time to:
  863         (d) Participate in supervised community release as
  864  prescribed by the department by rule. The inmate’s participation
  865  may begin 180 days before his or her provisional or tentative
  866  release date. Such supervised community release must include
  867  active electronic monitoring and community control as defined in
  868  s. 948.001. The department must administer a risk assessment
  869  instrument to appropriately determine an inmate’s ability to be
  870  released pursuant to this paragraph.
  871         1. If a participating inmate fails to comply with the
  872  conditions prescribed by department rule for supervised
  873  community release, the department may terminate the inmate’s
  874  supervised community release and return him or her to the same
  875  or another institution designated by the department. A law
  876  enforcement officer or a probation officer may arrest the inmate
  877  without a warrant in accordance with s. 948.06 if there are
  878  reasonable grounds to believe he or she has violated the terms
  879  and conditions of supervised community release. The law
  880  enforcement officer must report the inmate’s alleged violations
  881  to the supervising probation office or to the department’s
  882  emergency action center for disposition of disciplinary charges
  883  as prescribed by department rule.
  884         2. An inmate participating in supervised community release
  885  under this paragraph remains eligible to earn or lose gain-time
  886  in accordance with s. 944.275 and department rule, but may not
  887  receive gain-time or other sentence credit in an amount that
  888  would cause his or her sentence to expire, end, or terminate, or
  889  that would result in his or her release, before serving a
  890  minimum of 85 percent of the sentence imposed. The inmate may
  891  not be counted in the population of the prison system, and the
  892  inmate’s approved community-based housing location may not be
  893  counted in the capacity figures for the prison system.
  894         Section 11. Present subsections (4) through (15) of section
  895  947.005, Florida Statutes, are redesignated as subsections (5)
  896  through (16), respectively, and a new subsection (4) is added to
  897  that section, to read:
  898         947.005 Definitions.—As used in this chapter, unless the
  899  context clearly indicates otherwise:
  900         (4) “Conditional medical release” means the release from a
  901  state correctional institution or facility under this chapter
  902  for medical or mental health treatment pursuant to s. 947.149.
  903         Section 12. Subsection (1) of section 947.149, Florida
  904  Statutes, is amended to read:
  905         947.149 Conditional medical release.—
  906         (1) The commission shall, in conjunction with the
  907  department, establish the conditional medical release program.
  908  An inmate is eligible for consideration for release under the
  909  conditional medical release program when the inmate, because of
  910  an existing medical or physical condition, is determined by the
  911  department to be within one of the following designations:
  912         (a) “Inmate with a debilitating illness,” which means an
  913  inmate who is determined to be suffering from a significant
  914  terminal or nonterminal condition, disease, or syndrome that has
  915  rendered the inmate so physically or cognitively impaired,
  916  debilitated, or incapacitated as to create a reasonable
  917  probability that the inmate does not constitute a danger to
  918  herself or himself or others.
  919         (b)(a) “Permanently incapacitated inmate,” which means an
  920  inmate who has a condition caused by injury, disease, or illness
  921  which, to a reasonable degree of medical certainty, renders the
  922  inmate permanently and irreversibly physically incapacitated to
  923  the extent that the inmate does not constitute a danger to
  924  herself or himself or others.
  925         (c)(b) “Terminally ill inmate,” which means an inmate who
  926  has a condition caused by injury, disease, or illness which, to
  927  a reasonable degree of medical certainty, renders the inmate
  928  terminally ill to the extent that there can be no recovery and
  929  death is expected within 12 months is imminent, so that the
  930  inmate does not constitute a danger to herself or himself or
  931  others.
  932         Section 13. Effective July 1, 2019, paragraph (c) of
  933  subsection (3) of section 893.03, Florida Statutes, is amended
  934  to read:
  935         893.03 Standards and schedules.—The substances enumerated
  936  in this section are controlled by this chapter. The controlled
  937  substances listed or to be listed in Schedules I, II, III, IV,
  938  and V are included by whatever official, common, usual,
  939  chemical, trade name, or class designated. The provisions of
  940  this section shall not be construed to include within any of the
  941  schedules contained in this section any excluded drugs listed
  942  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
  943  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
  944  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
  945  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
  946  Anabolic Steroid Products.”
  947         (3) SCHEDULE III.—A substance in Schedule III has a
  948  potential for abuse less than the substances contained in
  949  Schedules I and II and has a currently accepted medical use in
  950  treatment in the United States, and abuse of the substance may
  951  lead to moderate or low physical dependence or high
  952  psychological dependence or, in the case of anabolic steroids,
  953  may lead to physical damage. The following substances are
  954  controlled in Schedule III:
  955         (c) Unless specifically excepted or unless listed in
  956  another schedule, any material, compound, mixture, or
  957  preparation containing limited quantities of any of the
  958  following controlled substances or any salts thereof:
  959         1. Not more than 1.8 grams of codeine per 100 milliliters
  960  or not more than 90 milligrams per dosage unit, with an equal or
  961  greater quantity of an isoquinoline alkaloid of opium.
  962         2. Not more than 1.8 grams of codeine per 100 milliliters
  963  or not more than 90 milligrams per dosage unit, with recognized
  964  therapeutic amounts of one or more active ingredients which are
  965  not controlled substances.
  966         3. Not more than 300 milligrams of hydrocodone per 100
  967  milliliters or not more than 15 milligrams per dosage unit, with
  968  a fourfold or greater quantity of an isoquinoline alkaloid of
  969  opium.
  970         4. Not more than 300 milligrams of hydrocodone per 100
  971  milliliters or not more than 15 milligrams per dosage unit, with
  972  recognized therapeutic amounts of one or more active ingredients
  973  that are not controlled substances.
  974         5. Not more than 1.8 grams of dihydrocodeine per 100
  975  milliliters or not more than 90 milligrams per dosage unit, with
  976  recognized therapeutic amounts of one or more active ingredients
  977  which are not controlled substances.
  978         6. Not more than 300 milligrams of ethylmorphine per 100
  979  milliliters or not more than 15 milligrams per dosage unit, with
  980  one or more active, nonnarcotic ingredients in recognized
  981  therapeutic amounts.
  982         7. Not more than 50 milligrams of morphine per 100
  983  milliliters or per 100 grams, with recognized therapeutic
  984  amounts of one or more active ingredients which are not
  985  controlled substances.
  986  
  987  For purposes of charging a person with a violation of s. 893.135
  988  involving any controlled substance described in subparagraph 3.
  989  or subparagraph 4., the controlled substance is a Schedule III
  990  controlled substance pursuant to this paragraph but the weight
  991  of the controlled substance per milliliters or per dosage unit
  992  is not relevant to the charging of a violation of s. 893.135.
  993  The weight of the controlled substance shall be determined
  994  pursuant to s. 893.135(7) s. 893.135(6).
  995         Section 14. Paragraphs (a) through (g) of subsection (3) of
  996  section 921.0022, Florida Statutes, are amended to read:
  997         921.0022 Criminal Punishment Code; offense severity ranking
  998  chart.—
  999         (3) OFFENSE SEVERITY RANKING CHART
 1000         (a) LEVEL 1
 1001  
 1002  FloridaStatute          FelonyDegree          Description          
 1003  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
 1004  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
 1005  212.15(2)(b)                3rd     Failure to remit sales taxes, amount greater than $300 but less than $20,000.
 1006  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
 1007  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
 1008  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
 1009  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
 1010  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
 1011  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
 1012  322.212(5)(a)               3rd     False application for driver license or identification card.
 1013  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 1014  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
 1015  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value greater than $300.
 1016  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
 1017  562.27(1)                   3rd     Possess still or still apparatus.
 1018  713.69                      3rd     Tenant removes property upon which lien has accrued, value more than $50.
 1019  812.014(3)(c)               3rd     Petit theft (3rd or subsequent adult conviction within specified period); theft of any property not specified in subsection (2).
 1020  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
 1021  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
 1022  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
 1023  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
 1024  826.01                      3rd     Bigamy.                        
 1025  828.122(3)                  3rd     Fighting or baiting animals.   
 1026  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 1027  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 1028  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
 1029  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.
 1030  838.15(2)                   3rd     Commercial bribe receiving.    
 1031  838.16                      3rd     Commercial bribery.            
 1032  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
 1033  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 1034  849.01                      3rd     Keeping gambling house.        
 1035  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.
 1036  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
 1037  849.25(2)                   3rd     Engaging in bookmaking.        
 1038  860.08                      3rd     Interfere with a railroad signal.
 1039  860.13(1)(a)                3rd     Operate aircraft while under the influence.
 1040  893.13(2)(a)2.              3rd     Purchase of cannabis.          
 1041  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
 1042  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
 1043         (b) LEVEL 2
 1044  
 1045  FloridaStatute             FelonyDegree        Description        
 1046  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 1047  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 1048  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.
 1049  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
 1050  590.28(1)                      3rd     Intentional burning of lands.
 1051  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 1052  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
 1053  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
 1054  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 1055  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
 1056  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $1,500 $300 or more but less than $5,000.
 1057  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $1,500 $100 or more but less than $5,000 $300, taken from unenclosed curtilage of dwelling.
 1058  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 1059  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
 1060  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 1061  817.52(3)                      3rd     Failure to redeliver hired vehicle.
 1062  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
 1063  817.60(5)                      3rd     Dealing in credit cards of another.
 1064  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
 1065  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
 1066  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
 1067  831.01                         3rd     Forgery.                   
 1068  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
 1069  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
 1070  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
 1071  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
 1072  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
 1073  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
 1074  843.08                         3rd     False personation.         
 1075  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.
 1076  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
 1077         (c) LEVEL 3
 1078  
 1079  FloridaStatute           FelonyDegree         Description          
 1080  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
 1081  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
 1082  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
 1083  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 1084  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
 1085  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
 1086  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
 1087  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 1088  327.35(2)(b)                 3rd     Felony BUI.                   
 1089  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 1090  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 1091  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 1092  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.
 1093  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.
 1094  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 1095  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
 1096  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
 1097  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
 1098  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
 1099  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
 1100  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
 1101  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
 1102  697.08                       3rd     Equity skimming.              
 1103  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
 1104  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 1105  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
 1106  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 1107  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
 1108  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
 1109  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
 1110  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 1111  817.233                      3rd     Burning to defraud insurer.   
 1112  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
 1113  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
 1114  817.236                      3rd     Filing a false motor vehicle insurance application.
 1115  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 1116  817.413(2)                   3rd     Sale of used goods as new.    
 1117  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
 1118  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
 1119  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
 1120  843.19                       3rd     Injure, disable, or kill police dog or horse.
 1121  860.15(3)                    3rd     Overcharging for repairs and parts.
 1122  870.01(2)                    3rd     Riot; inciting or encouraging.
 1123  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).
 1124  893.13(1)(d)2.               2nd     Sell or, 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 250 1,000 feet of university.
 1125  893.13(1)(f)2.               2nd     Sell or, 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 250 1,000 feet of public housing facility.
 1126  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
 1127  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
 1128  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 1129  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 1130  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
 1131  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
 1132  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.
 1133  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.
 1134  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
 1135  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.
 1136  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
 1137  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
 1138  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
 1139  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
 1140         (d) LEVEL 4
 1141  
 1142  FloridaStatute              FelonyDegree        Description        
 1143  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.
 1144  499.0051(1)                      3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
 1145  499.0051(5)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 1146  517.07(1)                        3rd     Failure to register securities.
 1147  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
 1148  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
 1149  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
 1150  784.075                          3rd     Battery on detention or commitment facility staff.
 1151  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 1152  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
 1153  784.081(3)                       3rd     Battery on specified official or employee.
 1154  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
 1155  784.083(3)                       3rd     Battery on code inspector.
 1156  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 1157  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
 1158  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 1159  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 1160  787.07                           3rd     Human smuggling.          
 1161  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
 1162  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
 1163  790.115(2)(c)                    3rd     Possessing firearm on school property.
 1164  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
 1165  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 1166  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 1167  810.06                           3rd     Burglary; possession of tools.
 1168  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
 1169  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
 1170  812.014(2)(c)4.-8.812.014(2)(c)4.-10.     3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
 1171  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
 1172  817.505(4)(a)                    3rd     Patient brokering.        
 1173  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 1174  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
 1175  817.625(2)(a)                    3rd     Fraudulent use of scanning device, skimming device, or reencoder.
 1176  817.625(2)(c)                    3rd     Possess, sell, or deliver skimming device.
 1177  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 1178  837.02(1)                        3rd     Perjury in official proceedings.
 1179  837.021(1)                       3rd     Make contradictory statements in official proceedings.
 1180  838.022                          3rd     Official misconduct.      
 1181  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
 1182  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
 1183  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
 1184  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 1185  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
 1186  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
 1187  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
 1188  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).
 1189  914.14(2)                        3rd     Witnesses accepting bribes.
 1190  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
 1191  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
 1192  918.12                           3rd     Tampering with jurors.    
 1193  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
 1194         (e) LEVEL 5
 1195  
 1196  FloridaStatute             FelonyDegree        Description        
 1197  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 1198  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
 1199  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
 1200  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 1201  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
 1202  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.
 1203  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 1204  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
 1205  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
 1206  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
 1207  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
 1208  440.381(2)                     2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 1209  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 1210  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
 1211  790.01(2)                      3rd     Carrying a concealed firearm.
 1212  790.162                        2nd     Threat to throw or discharge destructive device.
 1213  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
 1214  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
 1215  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
 1216  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
 1217  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
 1218  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
 1219  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 1220  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 1221  812.015(8)                     3rd     Retail theft; property stolen is valued at $1,500 $300 or more and one or more specified acts.
 1222  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
 1223  812.131(2)(b)                  3rd     Robbery by sudden snatching.
 1224  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
 1225  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
 1226  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
 1227  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.
 1228  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.
 1229  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
 1230  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
 1231  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 1232  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 1233  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 1234  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 1235  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.
 1236  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
 1237  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
 1238  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
 1239  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
 1240  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 1241  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
 1242  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).
 1243  893.13(1)(c)2.                 2nd     Sell or, 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 or, school, or within 250 feet of a state, county, or municipal park or publicly owned recreational facility or community center.
 1244  893.13(1)(d)1.                 1st     Sell or, 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 250 1,000 feet of college or university.
 1245  893.13(1)(e)2.                 2nd     Sell or, 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 within 250 feet of a specified business site.
 1246  893.13(1)(f)1.                 1st     Sell or, 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 250 1,000 feet of public housing facility.
 1247  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
 1248  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 1249         (f) LEVEL 6
 1250  
 1251  FloridaStatute              FelonyDegree        Description        
 1252  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
 1253  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
 1254  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
 1255  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
 1256  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
 1257  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
 1258  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
 1259  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
 1260  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
 1261  784.041                          3rd     Felony battery; domestic battery by strangulation.
 1262  784.048(3)                       3rd     Aggravated stalking; credible threat.
 1263  784.048(5)                       3rd     Aggravated stalking of person under 16.
 1264  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
 1265  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
 1266  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
 1267  784.081(2)                       2nd     Aggravated assault on specified official or employee.
 1268  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
 1269  784.083(2)                       2nd     Aggravated assault on code inspector.
 1270  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
 1271  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
 1272  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 1273  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.
 1274  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 1275  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
 1276  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
 1277  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.
 1278  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
 1279  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
 1280  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
 1281  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
 1282  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 1283  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
 1284  812.015(9)(a)                    2nd     Retail theft; property stolen $1,500 $300 or more; second or subsequent adult conviction within specified period.
 1285  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
 1286  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
 1287  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
 1288  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
 1289  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
 1290  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
 1291  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
 1292  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 1293  827.03(2)(c)                     3rd     Abuse of a child.         
 1294  827.03(2)(d)                     3rd     Neglect of a child.       
 1295  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
 1296  836.05                           2nd     Threats; extortion.       
 1297  836.10                           2nd     Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
 1298  843.12                           3rd     Aids or assists person to escape.
 1299  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 1300  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
 1301  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 1302  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
 1303  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.
 1304  944.40                           2nd     Escapes.                  
 1305  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
 1306  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 1307  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
 1308         (g) LEVEL 7
 1309  
 1310  FloridaStatute           FelonyDegree         Description         
 1311  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
 1312  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 1313  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.
 1314  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 1315  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 1316  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 1317  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 1318  456.065(2)                    3rd     Practicing a health care profession without a license.
 1319  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 1320  458.327(1)                    3rd     Practicing medicine without a license.
 1321  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 1322  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 1323  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 1324  462.17                        3rd     Practicing naturopathy without a license.
 1325  463.015(1)                    3rd     Practicing optometry without a license.
 1326  464.016(1)                    3rd     Practicing nursing without a license.
 1327  465.015(2)                    3rd     Practicing pharmacy without a license.
 1328  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 1329  467.201                       3rd     Practicing midwifery without a license.
 1330  468.366                       3rd     Delivering respiratory care services without a license.
 1331  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 1332  483.901(7)                    3rd     Practicing medical physics without a license.
 1333  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 1334  484.053                       3rd     Dispensing hearing aids without a license.
 1335  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.
 1336  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.
 1337  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 1338  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 1339  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 1340  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 1341  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 1342  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 1343  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 1344  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 1345  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 1346  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 1347  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 1348  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 1349  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 1350  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 1351  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 1352  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 1353  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 1354  784.081(1)                    1st     Aggravated battery on specified official or employee.
 1355  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 1356  784.083(1)                    1st     Aggravated battery on code inspector.
 1357  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
 1358  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.
 1359  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 1360  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 1361  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 1362  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 1363  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 1364  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 1365  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 1366  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.
 1367  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
 1368  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
 1369  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 1370  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.
 1371  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.
 1372  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 1373  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 1374  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 1375  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 1376  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 1377  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.
 1378  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 1379  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 1380  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 1381  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 1382  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 1383  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 1384  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 1385  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 1386  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 1387  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 1388  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 1389  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.
 1390  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 1391  817.611(2)(b)                 2nd     Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
 1392  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 1393  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.
 1394  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 1395  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 1396  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 1397  838.015                       2nd     Bribery.                    
 1398  838.016                       2nd     Unlawful compensation or reward for official behavior.
 1399  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 1400  838.22                        2nd     Bid tampering.              
 1401  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 1402  843.0855(3)                   3rd     Unlawful simulation of legal process.
 1403  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 1404  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 1405  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 1406  872.06                        2nd     Abuse of a dead human body. 
 1407  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 1408  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 1409  893.13(1)(c)1.                1st     Sell or, 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 or, school, or within 250 feet of a state, county, or municipal park or publicly owned recreational facility or community center.
 1410  893.13(1)(e)1.                1st     Sell or, 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 within 250 feet of a specified business site.
 1411  893.13(4)(a)                  1st     Use or hire of minor; deliver to minor other controlled substance.
 1412  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 1413  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 1414  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 1415  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 1416  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 1417  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 1418  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 1419  893.135 (1)(c)4.b.(I)         1st     Trafficking in fentanyl, 4 grams or more, less than 14 grams.
 1420  893.135 (1)(d)1.a.            1st     Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
 1421  893.135(1)(e)1.               1st     Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
 1422  893.135(1)(f)1.               1st     Trafficking in amphetamine, 14 grams or more, less than 28 grams.
 1423  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 1424  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 1425  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 1426  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 1427  893.135 (1)(m)2.a.            1st     Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
 1428  893.135 (1)(m)2.b.            1st     Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
 1429  893.135 (1)(n)2.a.            1st     Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
 1430  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 1431  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 1432  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 1433  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 1434  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 1435  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 1436  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1437  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1438  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 1439  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 1440  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1441  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1442  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 1443  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1444  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1445         Section 15. For the purpose of incorporating the amendment
 1446  made by this act to section 812.014, Florida Statutes, in a
 1447  reference thereto, subsection (10) of section 95.18, Florida
 1448  Statutes, is reenacted to read:
 1449         95.18 Real property actions; adverse possession without
 1450  color of title.—
 1451         (10) A person who occupies or attempts to occupy a
 1452  residential structure solely by claim of adverse possession
 1453  under this section and offers the property for lease to another
 1454  commits theft under s. 812.014.
 1455         Section 16. For the purpose of incorporating the amendment
 1456  made by this act to section 812.014, Florida Statutes, in a
 1457  reference thereto, subsection (3) of section 400.9935, Florida
 1458  Statutes, is reenacted to read:
 1459         400.9935 Clinic responsibilities.—
 1460         (3) A charge or reimbursement claim made by or on behalf of
 1461  a clinic that is required to be licensed under this part but
 1462  that is not so licensed, or that is otherwise operating in
 1463  violation of this part, regardless of whether a service is
 1464  rendered or whether the charge or reimbursement claim is paid,
 1465  is an unlawful charge and is noncompensable and unenforceable. A
 1466  person who knowingly makes or causes to be made an unlawful
 1467  charge commits theft within the meaning of and punishable as
 1468  provided in s. 812.014.
 1469         Section 17. For the purpose of incorporating the amendment
 1470  made by this act to section 812.014, Florida Statutes, in a
 1471  reference thereto, paragraph (g) of subsection (17) of section
 1472  409.910, Florida Statutes, is reenacted to read:
 1473         409.910 Responsibility for payments on behalf of Medicaid
 1474  eligible persons when other parties are liable.—
 1475         (17)
 1476         (g) The agency may investigate and request appropriate
 1477  officers or agencies of the state to investigate suspected
 1478  criminal violations or fraudulent activity related to third
 1479  party benefits, including, without limitation, ss. 414.39 and
 1480  812.014. Such requests may be directed, without limitation, to
 1481  the Medicaid Fraud Control Unit of the Office of the Attorney
 1482  General or to any state attorney. Pursuant to s. 409.913, the
 1483  Attorney General has primary responsibility to investigate and
 1484  control Medicaid fraud.
 1485         Section 18. For the purpose of incorporating the amendment
 1486  made by this act to section 812.014, Florida Statutes, in a
 1487  reference thereto, subsection (4) of section 489.126, Florida
 1488  Statutes, is reenacted to read:
 1489         489.126 Moneys received by contractors.—
 1490         (4) Any person who violates any provision of this section
 1491  is guilty of theft and shall be prosecuted and punished under s.
 1492  812.014.
 1493         Section 19. For the purpose of incorporating the amendment
 1494  made by this act to section 812.014, Florida Statutes, in a
 1495  reference thereto, subsection (10) of section 550.6305, Florida
 1496  Statutes, is reenacted to read:
 1497         550.6305 Intertrack wagering; guest track payments;
 1498  accounting rules.—
 1499         (10) All races or games conducted at a permitholder’s
 1500  facility, all broadcasts of such races or games, and all
 1501  broadcast rights relating thereto are owned by the permitholder
 1502  at whose facility such races or games are conducted and
 1503  constitute the permitholder’s property as defined in s.
 1504  812.012(4). Transmission, reception of a transmission,
 1505  exhibition, use, or other appropriation of such races or games,
 1506  broadcasts of such races or games, or broadcast rights relating
 1507  thereto without the written consent of the permitholder
 1508  constitutes a theft of such property under s. 812.014; and in
 1509  addition to the penal sanctions contained in s. 812.014, the
 1510  permitholder has the right to avail itself of the civil remedies
 1511  specified in ss. 772.104, 772.11, and 812.035 in addition to any
 1512  other remedies available under applicable state or federal law.
 1513         Section 20. For the purpose of incorporating the amendment
 1514  made by this act to section 812.014, Florida Statutes, in a
 1515  reference thereto, subsection (2) of section 627.743, Florida
 1516  Statutes, is reenacted to read:
 1517         627.743 Payment of third-party claims.—
 1518         (2) When making any payment on a third party claim for
 1519  damage to an automobile for a partial loss, the insurer shall
 1520  have printed on the loss estimate, if prepared by the insurer,
 1521  the following: “Failure to use the insurance proceeds in
 1522  accordance with the security agreement, if any, could be a
 1523  violation of s. 812.014, Florida Statutes. If you have any
 1524  questions, contact your lending institution.” However, this
 1525  subsection does not apply if the insurer does not prepare the
 1526  loss estimate.
 1527         Section 21. For the purpose of incorporating the amendment
 1528  made by this act to section 812.014, Florida Statutes, in a
 1529  reference thereto, subsection (2) of section 634.319, Florida
 1530  Statutes, is reenacted to read:
 1531         634.319 Reporting and accounting for funds.—
 1532         (2) Any sales representative who, not being entitled
 1533  thereto, diverts or appropriates such funds or any portion
 1534  thereof to her or his own use is, upon conviction, guilty of
 1535  theft, punishable as provided in s. 812.014.
 1536         Section 22. For the purpose of incorporating the amendment
 1537  made by this act to section 812.014, Florida Statutes, in a
 1538  reference thereto, subsection (2) of section 634.421, Florida
 1539  Statutes, is reenacted to read:
 1540         634.421 Reporting and accounting for funds.—
 1541         (2) Any sales representative who, not being entitled
 1542  thereto, diverts or appropriates funds or any portion thereof to
 1543  her or his own use commits theft as provided in s. 812.014.
 1544         Section 23. For the purpose of incorporating the amendment
 1545  made by this act to section 812.014, Florida Statutes, in a
 1546  reference thereto, subsection (3) of section 636.238, Florida
 1547  Statutes, is reenacted to read:
 1548         636.238 Penalties for violation of this part.—
 1549         (3) A person who collects fees for purported membership in
 1550  a discount plan but purposefully fails to provide the promised
 1551  benefits commits a theft, punishable as provided in s. 812.014.
 1552         Section 24. For the purpose of incorporating the amendment
 1553  made by this act to section 812.014, Florida Statutes, in a
 1554  reference thereto, subsection (2) of section 642.038, Florida
 1555  Statutes, is reenacted to read:
 1556         642.038 Reporting and accounting for funds.—
 1557         (2) Any sales representative who, not being entitled
 1558  thereto, diverts or appropriates such funds or any portion
 1559  thereof to his or her own use commits theft as provided in s.
 1560  812.014.
 1561         Section 25. For the purpose of incorporating the amendment
 1562  made by this act to section 812.014, Florida Statutes, in a
 1563  reference thereto, subsection (4) of section 705.102, Florida
 1564  Statutes, is reenacted to read:
 1565         705.102 Reporting lost or abandoned property.—
 1566         (4) Any person who unlawfully appropriates such lost or
 1567  abandoned property to his or her own use or refuses to deliver
 1568  such property when required commits theft as defined in s.
 1569  812.014, punishable as provided in s. 775.082, s. 775.083, or s.
 1570  775.084.
 1571         Section 26. For the purpose of incorporating the amendment
 1572  made by this act to section 812.014, Florida Statutes, in a
 1573  reference thereto, paragraph (d) of subsection (1) of section
 1574  718.111, Florida Statutes, is reenacted to read:
 1575         718.111 The association.—
 1576         (1) CORPORATE ENTITY.—
 1577         (d) As required by s. 617.0830, an officer, director, or
 1578  agent shall discharge his or her duties in good faith, with the
 1579  care an ordinarily prudent person in a like position would
 1580  exercise under similar circumstances, and in a manner he or she
 1581  reasonably believes to be in the interests of the association.
 1582  An officer, director, or agent shall be liable for monetary
 1583  damages as provided in s. 617.0834 if such officer, director, or
 1584  agent breached or failed to perform his or her duties and the
 1585  breach of, or failure to perform, his or her duties constitutes
 1586  a violation of criminal law as provided in s. 617.0834;
 1587  constitutes a transaction from which the officer or director
 1588  derived an improper personal benefit, either directly or
 1589  indirectly; or constitutes recklessness or an act or omission
 1590  that was in bad faith, with malicious purpose, or in a manner
 1591  exhibiting wanton and willful disregard of human rights, safety,
 1592  or property. Forgery of a ballot envelope or voting certificate
 1593  used in a condominium association election is punishable as
 1594  provided in s. 831.01, the theft or embezzlement of funds of a
 1595  condominium association is punishable as provided in s. 812.014,
 1596  and the destruction of or the refusal to allow inspection or
 1597  copying of an official record of a condominium association that
 1598  is accessible to unit owners within the time periods required by
 1599  general law in furtherance of any crime is punishable as
 1600  tampering with physical evidence as provided in s. 918.13 or as
 1601  obstruction of justice as provided in chapter 843. An officer or
 1602  director charged by information or indictment with a crime
 1603  referenced in this paragraph must be removed from office, and
 1604  the vacancy shall be filled as provided in s. 718.112(2)(d)2.
 1605  until the end of the officer’s or director’s period of
 1606  suspension or the end of his or her term of office, whichever
 1607  occurs first. If a criminal charge is pending against the
 1608  officer or director, he or she may not be appointed or elected
 1609  to a position as an officer or a director of any association and
 1610  may not have access to the official records of any association,
 1611  except pursuant to a court order. However, if the charges are
 1612  resolved without a finding of guilt, the officer or director
 1613  must be reinstated for the remainder of his or her term of
 1614  office, if any.
 1615         Section 27. For the purpose of incorporating the amendment
 1616  made by this act to section 812.014, Florida Statutes, in a
 1617  reference thereto, subsection (2) of section 812.015, Florida
 1618  Statutes, is reenacted to read:
 1619         812.015 Retail and farm theft; transit fare evasion;
 1620  mandatory fine; alternative punishment; detention and arrest;
 1621  exemption from liability for false arrest; resisting arrest;
 1622  penalties.—
 1623         (2) Upon a second or subsequent conviction for petit theft
 1624  from a merchant, farmer, or transit agency, the offender shall
 1625  be punished as provided in s. 812.014(3), except that the court
 1626  shall impose a fine of not less than $50 or more than $1,000.
 1627  However, in lieu of such fine, the court may require the
 1628  offender to perform public services designated by the court. In
 1629  no event shall any such offender be required to perform fewer
 1630  than the number of hours of public service necessary to satisfy
 1631  the fine assessed by the court, as provided by this subsection,
 1632  at the minimum wage prevailing in the state at the time of
 1633  sentencing.
 1634         Section 28. For the purpose of incorporating the amendment
 1635  made by this act to section 812.014, Florida Statutes, in
 1636  references thereto, subsections (1) and (2) of section 812.0155,
 1637  Florida Statutes, are reenacted to read:
 1638         812.0155 Suspension of driver license following an
 1639  adjudication of guilt for theft.—
 1640         (1) Except as provided in subsections (2) and (3), the
 1641  court may order the suspension of the driver license of each
 1642  person adjudicated guilty of any misdemeanor violation of s.
 1643  812.014 or s. 812.015, regardless of the value of the property
 1644  stolen. Upon ordering the suspension of the driver license of
 1645  the person adjudicated guilty, the court shall forward the
 1646  driver license of the person adjudicated guilty to the
 1647  Department of Highway Safety and Motor Vehicles in accordance
 1648  with s. 322.25.
 1649         (a) The first suspension of a driver license under this
 1650  subsection shall be for a period of up to 6 months.
 1651         (b) A second or subsequent suspension of a driver license
 1652  under this subsection shall be for 1 year.
 1653         (2) The court may revoke, suspend, or withhold issuance of
 1654  a driver license of a person less than 18 years of age who
 1655  violates s. 812.014 or s. 812.015 as an alternative to
 1656  sentencing the person to:
 1657         (a) Probation as defined in s. 985.03 or commitment to the
 1658  Department of Juvenile Justice, if the person is adjudicated
 1659  delinquent for such violation and has not previously been
 1660  convicted of or adjudicated delinquent for any criminal offense,
 1661  regardless of whether adjudication was withheld.
 1662         (b) Probation as defined in s. 985.03, commitment to the
 1663  Department of Juvenile Justice, probation as defined in chapter
 1664  948, community control, or incarceration, if the person is
 1665  convicted as an adult of such violation and has not previously
 1666  been convicted of or adjudicated delinquent for any criminal
 1667  offense, regardless of whether adjudication was withheld.
 1668         Section 29. For the purpose of incorporating the amendment
 1669  made by this act to section 812.014, Florida Statutes, in
 1670  references thereto, subsections (4), (7), and (8) of section
 1671  812.14, Florida Statutes, are reenacted to read:
 1672         812.14 Trespass and larceny with relation to utility
 1673  fixtures; theft of utility services.—
 1674         (4) A person who willfully violates subsection (2) commits
 1675  theft, punishable as provided in s. 812.014.
 1676         (7) An owner, lessor, or sublessor who willfully violates
 1677  subsection (5) commits a misdemeanor of the first degree,
 1678  punishable as provided in s. 775.082 or s. 775.083. Prosecution
 1679  for a violation of subsection (5) does not preclude prosecution
 1680  for theft pursuant to subsection (8) or s. 812.014.
 1681         (8) Theft of utility services for the purpose of
 1682  facilitating the manufacture of a controlled substance is theft,
 1683  punishable as provided in s. 812.014.
 1684         Section 30. For the purpose of incorporating the amendment
 1685  made by this act to section 812.014, Florida Statutes, in a
 1686  reference thereto, subsection (3) of section 893.138, Florida
 1687  Statutes, is reenacted to read:
 1688         893.138 Local administrative action to abate drug-related,
 1689  prostitution-related, or stolen-property-related public
 1690  nuisances and criminal gang activity.—
 1691         (3) Any pain-management clinic, as described in s. 458.3265
 1692  or s. 459.0137, which has been used on more than two occasions
 1693  within a 6-month period as the site of a violation of:
 1694         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
 1695  relating to assault and battery;
 1696         (b) Section 810.02, relating to burglary;
 1697         (c) Section 812.014, relating to theft;
 1698         (d) Section 812.131, relating to robbery by sudden
 1699  snatching; or
 1700         (e) Section 893.13, relating to the unlawful distribution
 1701  of controlled substances,
 1702  
 1703  may be declared to be a public nuisance, and such nuisance may
 1704  be abated pursuant to the procedures provided in this section.
 1705         Section 31. For the purpose of incorporating the amendment
 1706  made by this act to section 812.014, Florida Statutes, in a
 1707  reference thereto, paragraph (a) of subsection (2) of section
 1708  932.701, Florida Statutes, is reenacted to read:
 1709         932.701 Short title; definitions.—
 1710         (2) As used in the Florida Contraband Forfeiture Act:
 1711         (a) “Contraband article” means:
 1712         1. Any controlled substance as defined in chapter 893 or
 1713  any substance, device, paraphernalia, or currency or other means
 1714  of exchange that was used, was attempted to be used, or was
 1715  intended to be used in violation of any provision of chapter
 1716  893, if the totality of the facts presented by the state is
 1717  clearly sufficient to meet the state’s burden of establishing
 1718  probable cause to believe that a nexus exists between the
 1719  article seized and the narcotics activity, whether or not the
 1720  use of the contraband article can be traced to a specific
 1721  narcotics transaction.
 1722         2. Any gambling paraphernalia, lottery tickets, money,
 1723  currency, or other means of exchange which was used, was
 1724  attempted, or intended to be used in violation of the gambling
 1725  laws of the state.
 1726         3. Any equipment, liquid or solid, which was being used, is
 1727  being used, was attempted to be used, or intended to be used in
 1728  violation of the beverage or tobacco laws of the state.
 1729         4. Any motor fuel upon which the motor fuel tax has not
 1730  been paid as required by law.
 1731         5. Any personal property, including, but not limited to,
 1732  any vessel, aircraft, item, object, tool, substance, device,
 1733  weapon, machine, vehicle of any kind, money, securities, books,
 1734  records, research, negotiable instruments, or currency, which
 1735  was used or was attempted to be used as an instrumentality in
 1736  the commission of, or in aiding or abetting in the commission
 1737  of, any felony, whether or not comprising an element of the
 1738  felony, or which is acquired by proceeds obtained as a result of
 1739  a violation of the Florida Contraband Forfeiture Act.
 1740         6. Any real property, including any right, title,
 1741  leasehold, or other interest in the whole of any lot or tract of
 1742  land, which was used, is being used, or was attempted to be used
 1743  as an instrumentality in the commission of, or in aiding or
 1744  abetting in the commission of, any felony, or which is acquired
 1745  by proceeds obtained as a result of a violation of the Florida
 1746  Contraband Forfeiture Act.
 1747         7. Any personal property, including, but not limited to,
 1748  equipment, money, securities, books, records, research,
 1749  negotiable instruments, currency, or any vessel, aircraft, item,
 1750  object, tool, substance, device, weapon, machine, or vehicle of
 1751  any kind in the possession of or belonging to any person who
 1752  takes aquaculture products in violation of s. 812.014(2)(c).
 1753         8. Any motor vehicle offered for sale in violation of s.
 1754  320.28.
 1755         9. Any motor vehicle used during the course of committing
 1756  an offense in violation of s. 322.34(9)(a).
 1757         10. Any photograph, film, or other recorded image,
 1758  including an image recorded on videotape, a compact disc,
 1759  digital tape, or fixed disk, that is recorded in violation of s.
 1760  810.145 and is possessed for the purpose of amusement,
 1761  entertainment, sexual arousal, gratification, or profit, or for
 1762  the purpose of degrading or abusing another person.
 1763         11. Any real property, including any right, title,
 1764  leasehold, or other interest in the whole of any lot or tract of
 1765  land, which is acquired by proceeds obtained as a result of
 1766  Medicaid fraud under s. 409.920 or s. 409.9201; any personal
 1767  property, including, but not limited to, equipment, money,
 1768  securities, books, records, research, negotiable instruments, or
 1769  currency; or any vessel, aircraft, item, object, tool,
 1770  substance, device, weapon, machine, or vehicle of any kind in
 1771  the possession of or belonging to any person which is acquired
 1772  by proceeds obtained as a result of Medicaid fraud under s.
 1773  409.920 or s. 409.9201.
 1774         12. Any personal property, including, but not limited to,
 1775  any vehicle, item, object, tool, device, weapon, machine, money,
 1776  security, book, or record, that is used or attempted to be used
 1777  as an instrumentality in the commission of, or in aiding and
 1778  abetting in the commission of, a person’s third or subsequent
 1779  violation of s. 509.144, whether or not comprising an element of
 1780  the offense.
 1781         Section 32. For the purpose of incorporating the amendment
 1782  made by this act to section 812.014, Florida Statutes, in a
 1783  reference thereto, paragraph (b) of subsection (3) of section
 1784  943.051, Florida Statutes, is reenacted to read:
 1785         943.051 Criminal justice information; collection and
 1786  storage; fingerprinting.—
 1787         (3)
 1788         (b) A minor who is charged with or found to have committed
 1789  the following offenses shall be fingerprinted and the
 1790  fingerprints shall be submitted electronically to the
 1791  department, unless the minor is issued a civil citation pursuant
 1792  to s. 985.12:
 1793         1. Assault, as defined in s. 784.011.
 1794         2. Battery, as defined in s. 784.03.
 1795         3. Carrying a concealed weapon, as defined in s. 790.01(1).
 1796         4. Unlawful use of destructive devices or bombs, as defined
 1797  in s. 790.1615(1).
 1798         5. Neglect of a child, as defined in s. 827.03(1)(e).
 1799         6. Assault or battery on a law enforcement officer, a
 1800  firefighter, or other specified officers, as defined in s.
 1801  784.07(2)(a) and (b).
 1802         7. Open carrying of a weapon, as defined in s. 790.053.
 1803         8. Exposure of sexual organs, as defined in s. 800.03.
 1804         9. Unlawful possession of a firearm, as defined in s.
 1805  790.22(5).
 1806         10. Petit theft, as defined in s. 812.014(3).
 1807         11. Cruelty to animals, as defined in s. 828.12(1).
 1808         12. Arson, as defined in s. 806.031(1).
 1809         13. Unlawful possession or discharge of a weapon or firearm
 1810  at a school-sponsored event or on school property, as provided
 1811  in s. 790.115.
 1812         Section 33. For the purpose of incorporating the amendment
 1813  made by this act to section 812.014, Florida Statutes, in a
 1814  reference thereto, paragraph (b) of subsection (1) of section
 1815  985.11, Florida Statutes, is reenacted to read:
 1816         985.11 Fingerprinting and photographing.—
 1817         (1)
 1818         (b) Unless the child is issued a civil citation or is
 1819  participating in a similar diversion program pursuant to s.
 1820  985.12, a child who is charged with or found to have committed
 1821  one of the following offenses shall be fingerprinted, and the
 1822  fingerprints shall be submitted to the Department of Law
 1823  Enforcement as provided in s. 943.051(3)(b):
 1824         1. Assault, as defined in s. 784.011.
 1825         2. Battery, as defined in s. 784.03.
 1826         3. Carrying a concealed weapon, as defined in s. 790.01(1).
 1827         4. Unlawful use of destructive devices or bombs, as defined
 1828  in s. 790.1615(1).
 1829         5. Neglect of a child, as defined in s. 827.03(1)(e).
 1830         6. Assault on a law enforcement officer, a firefighter, or
 1831  other specified officers, as defined in s. 784.07(2)(a).
 1832         7. Open carrying of a weapon, as defined in s. 790.053.
 1833         8. Exposure of sexual organs, as defined in s. 800.03.
 1834         9. Unlawful possession of a firearm, as defined in s.
 1835  790.22(5).
 1836         10. Petit theft, as defined in s. 812.014.
 1837         11. Cruelty to animals, as defined in s. 828.12(1).
 1838         12. Arson, resulting in bodily harm to a firefighter, as
 1839  defined in s. 806.031(1).
 1840         13. Unlawful possession or discharge of a weapon or firearm
 1841  at a school-sponsored event or on school property as defined in
 1842  s. 790.115.
 1843  
 1844  A law enforcement agency may fingerprint and photograph a child
 1845  taken into custody upon probable cause that such child has
 1846  committed any other violation of law, as the agency deems
 1847  appropriate. Such fingerprint records and photographs shall be
 1848  retained by the law enforcement agency in a separate file, and
 1849  these records and all copies thereof must be marked “Juvenile
 1850  Confidential.” These records are not available for public
 1851  disclosure and inspection under s. 119.07(1) except as provided
 1852  in ss. 943.053 and 985.04(2), but shall be available to other
 1853  law enforcement agencies, criminal justice agencies, state
 1854  attorneys, the courts, the child, the parents or legal
 1855  custodians of the child, their attorneys, and any other person
 1856  authorized by the court to have access to such records. In
 1857  addition, such records may be submitted to the Department of Law
 1858  Enforcement for inclusion in the state criminal history records
 1859  and used by criminal justice agencies for criminal justice
 1860  purposes. These records may, in the discretion of the court, be
 1861  open to inspection by anyone upon a showing of cause. The
 1862  fingerprint and photograph records shall be produced in the
 1863  court whenever directed by the court. Any photograph taken
 1864  pursuant to this section may be shown by a law enforcement
 1865  officer to any victim or witness of a crime for the purpose of
 1866  identifying the person who committed such crime.
 1867         Section 34. For the purpose of incorporating the amendment
 1868  made by this act to section 812.014, Florida Statutes, in
 1869  references thereto, paragraph (a) of subsection (1) and
 1870  paragraph (c) of subsection (2) of section 985.557, Florida
 1871  Statutes, are reenacted to read:
 1872         985.557 Direct filing of an information; discretionary and
 1873  mandatory criteria.—
 1874         (1) DISCRETIONARY DIRECT FILE.—
 1875         (a) With respect to any child who was 14 or 15 years of age
 1876  at the time the alleged offense was committed, the state
 1877  attorney may file an information when in the state attorney’s
 1878  judgment and discretion the public interest requires that adult
 1879  sanctions be considered or imposed and when the offense charged
 1880  is for the commission of, attempt to commit, or conspiracy to
 1881  commit:
 1882         1. Arson;
 1883         2. Sexual battery;
 1884         3. Robbery;
 1885         4. Kidnapping;
 1886         5. Aggravated child abuse;
 1887         6. Aggravated assault;
 1888         7. Aggravated stalking;
 1889         8. Murder;
 1890         9. Manslaughter;
 1891         10. Unlawful throwing, placing, or discharging of a
 1892  destructive device or bomb;
 1893         11. Armed burglary in violation of s. 810.02(2)(b) or
 1894  specified burglary of a dwelling or structure in violation of s.
 1895  810.02(2)(c), or burglary with an assault or battery in
 1896  violation of s. 810.02(2)(a);
 1897         12. Aggravated battery;
 1898         13. Any lewd or lascivious offense committed upon or in the
 1899  presence of a person less than 16 years of age;
 1900         14. Carrying, displaying, using, threatening, or attempting
 1901  to use a weapon or firearm during the commission of a felony;
 1902         15. Grand theft in violation of s. 812.014(2)(a);
 1903         16. Possessing or discharging any weapon or firearm on
 1904  school property in violation of s. 790.115;
 1905         17. Home invasion robbery;
 1906         18. Carjacking; or
 1907         19. Grand theft of a motor vehicle in violation of s.
 1908  812.014(2)(c)6. or grand theft of a motor vehicle valued at
 1909  $20,000 or more in violation of s. 812.014(2)(b) if the child
 1910  has a previous adjudication for grand theft of a motor vehicle
 1911  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
 1912         (2) MANDATORY DIRECT FILE.—
 1913         (c) The state attorney must file an information if a child,
 1914  regardless of the child’s age at the time the alleged offense
 1915  was committed, is alleged to have committed an act that would be
 1916  a violation of law if the child were an adult, that involves
 1917  stealing a motor vehicle, including, but not limited to, a
 1918  violation of s. 812.133, relating to carjacking, or s.
 1919  812.014(2)(c)6., relating to grand theft of a motor vehicle, and
 1920  while the child was in possession of the stolen motor vehicle
 1921  the child caused serious bodily injury to or the death of a
 1922  person who was not involved in the underlying offense. For
 1923  purposes of this section, the driver and all willing passengers
 1924  in the stolen motor vehicle at the time such serious bodily
 1925  injury or death is inflicted shall also be subject to mandatory
 1926  transfer to adult court. “Stolen motor vehicle,” for the
 1927  purposes of this section, means a motor vehicle that has been
 1928  the subject of any criminal wrongful taking. For purposes of
 1929  this section, “willing passengers” means all willing passengers
 1930  who have participated in the underlying offense.
 1931         Section 35. For the purpose of incorporating the amendment
 1932  made by this act to section 812.015, Florida Statutes, in a
 1933  reference thereto, subsection (5) of section 538.09, Florida
 1934  Statutes, is reenacted to read:
 1935         538.09 Registration.—
 1936         (5) In addition to the fine provided in subsection (4),
 1937  registration under this section may be denied or any
 1938  registration granted may be revoked, restricted, or suspended by
 1939  the department if the department determines that the applicant
 1940  or registrant:
 1941         (a) Has violated any provision of this chapter or any rule
 1942  or order made pursuant to this chapter;
 1943         (b) Has made a material false statement in the application
 1944  for registration;
 1945         (c) Has been guilty of a fraudulent act in connection with
 1946  any purchase or sale or has been or is engaged in or is about to
 1947  engage in any practice, purchase, or sale which is fraudulent or
 1948  in violation of the law;
 1949         (d) Has made a misrepresentation or false statement to, or
 1950  concealed any essential or material fact from, any person in
 1951  making any purchase or sale;
 1952         (e) Is making purchases or sales through any business
 1953  associate not registered in compliance with the provisions of
 1954  this chapter;
 1955         (f) Has, within the preceding 10-year period for new
 1956  registrants who apply for registration on or after October 1,
 1957  2006, been convicted of, or has entered a plea of guilty or nolo
 1958  contendere to, or had adjudication withheld for, a crime against
 1959  the laws of this state or any other state or of the United
 1960  States which relates to registration as a secondhand dealer or
 1961  which involves theft, larceny, dealing in stolen property,
 1962  receiving stolen property, burglary, embezzlement, obtaining
 1963  property by false pretenses, possession of altered property, any
 1964  felony drug offense, any violation of s. 812.015, or any
 1965  fraudulent dealing;
 1966         (g) Has had a final judgment entered against her or him in
 1967  a civil action upon grounds of fraud, embezzlement,
 1968  misrepresentation, or deceit; or
 1969         (h) Has failed to pay any sales tax owed to the Department
 1970  of Revenue.
 1971  
 1972  In the event the department determines to deny an application or
 1973  revoke a registration, it shall enter a final order with its
 1974  findings on the register of secondhand dealers and their
 1975  business associates, if any; and denial, suspension, or
 1976  revocation of the registration of a secondhand dealer shall also
 1977  deny, suspend, or revoke the registration of such secondhand
 1978  dealer’s business associates.
 1979         Section 36. For the purpose of incorporating the amendments
 1980  made by this act to sections 812.014 and 812.015, Florida
 1981  Statutes, in references thereto, subsection (2) of section
 1982  538.23, Florida Statutes, is reenacted to read:
 1983         538.23 Violations and penalties.—
 1984         (2) A secondary metals recycler is presumed to know upon
 1985  receipt of stolen regulated metals property in a purchase
 1986  transaction that the regulated metals property has been stolen
 1987  from another if the secondary metals recycler knowingly and
 1988  intentionally fails to maintain the information required in s.
 1989  538.19 and shall, upon conviction of a violation of s. 812.015,
 1990  be punished as provided in s. 812.014(2) or (3).
 1991         Section 37. For the purpose of incorporating the amendments
 1992  made by this act to sections 812.014 and 812.015, Florida
 1993  Statutes, in references thereto, subsection (2) of section
 1994  812.0155, Florida Statutes, is reenacted to read:
 1995         812.0155 Suspension of driver license following an
 1996  adjudication of guilt for theft.—
 1997         (2) The court may revoke, suspend, or withhold issuance of
 1998  a driver license of a person less than 18 years of age who
 1999  violates s. 812.014 or s. 812.015 as an alternative to
 2000  sentencing the person to:
 2001         (a) Probation as defined in s. 985.03 or commitment to the
 2002  Department of Juvenile Justice, if the person is adjudicated
 2003  delinquent for such violation and has not previously been
 2004  convicted of or adjudicated delinquent for any criminal offense,
 2005  regardless of whether adjudication was withheld.
 2006         (b) Probation as defined in s. 985.03, commitment to the
 2007  Department of Juvenile Justice, probation as defined in chapter
 2008  948, community control, or incarceration, if the person is
 2009  convicted as an adult of such violation and has not previously
 2010  been convicted of or adjudicated delinquent for any criminal
 2011  offense, regardless of whether adjudication was withheld.
 2012         Section 38. For the purpose of incorporating the amendment
 2013  made by this act to section 893.135, Florida Statutes, in a
 2014  reference thereto, subsection (6) of section 397.4073, Florida
 2015  Statutes, is reenacted to read:
 2016         397.4073 Background checks of service provider personnel.—
 2017         (6) DISQUALIFICATION FROM RECEIVING STATE FUNDS.—State
 2018  funds may not be disseminated to any service provider owned or
 2019  operated by an owner, director, or chief financial officer who
 2020  has been convicted of, has entered a plea of guilty or nolo
 2021  contendere to, or has had adjudication withheld for, a violation
 2022  of s. 893.135 pertaining to trafficking in controlled
 2023  substances, or a violation of the law of another state, the
 2024  District of Columbia, the United States or any possession or
 2025  territory thereof, or any foreign jurisdiction which is
 2026  substantially similar in elements and penalties to a trafficking
 2027  offense in this state, unless the owner’s or director’s civil
 2028  rights have been restored.
 2029         Section 39. For the purpose of incorporating the amendment
 2030  made by this act to section 893.135, Florida Statutes, in a
 2031  reference thereto, subsection (1) of section 414.095, Florida
 2032  Statutes, is reenacted to read:
 2033         414.095 Determining eligibility for temporary cash
 2034  assistance.—
 2035         (1) ELIGIBILITY.—An applicant must meet eligibility
 2036  requirements of this section before receiving services or
 2037  temporary cash assistance under this chapter, except that an
 2038  applicant shall be required to register for work and engage in
 2039  work activities in accordance with s. 445.024, as designated by
 2040  the local workforce development board, and may receive support
 2041  services or child care assistance in conjunction with such
 2042  requirement. The department shall make a determination of
 2043  eligibility based on the criteria listed in this chapter. The
 2044  department shall monitor continued eligibility for temporary
 2045  cash assistance through periodic reviews consistent with the
 2046  food assistance eligibility process. Benefits may not be denied
 2047  to an individual solely based on a felony drug conviction,
 2048  unless the conviction is for trafficking pursuant to s. 893.135.
 2049  To be eligible under this section, an individual convicted of a
 2050  drug felony must be satisfactorily meeting the requirements of
 2051  the temporary cash assistance program, including all substance
 2052  abuse treatment requirements. Within the limits specified in
 2053  this chapter, the state opts out of the provision of Pub. L. No.
 2054  104-193, s. 115, that eliminates eligibility for temporary cash
 2055  assistance and food assistance for any individual convicted of a
 2056  controlled substance felony.
 2057         Section 40. For the purpose of incorporating the amendment
 2058  made by this act to section 893.135, Florida Statutes, in a
 2059  reference thereto, subsection (2) of section 772.12, Florida
 2060  Statutes, is reenacted to read:
 2061         772.12 Drug Dealer Liability Act.—
 2062         (2) A person, including any governmental entity, has a
 2063  cause of action for threefold the actual damages sustained and
 2064  is entitled to minimum damages in the amount of $1,000 and
 2065  reasonable attorney’s fees and court costs in the trial and
 2066  appellate courts, if the person proves by the greater weight of
 2067  the evidence that:
 2068         (a) The person was injured because of the defendant’s
 2069  actions that resulted in the defendant’s conviction for:
 2070         1. A violation of s. 893.13, except for a violation of s.
 2071  893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
 2072         2. A violation of s. 893.135; and
 2073         (b) The person was not injured by reason of his or her
 2074  participation in the same act or transaction that resulted in
 2075  the defendant’s conviction for any offense described in
 2076  subparagraph (a)1.
 2077         Section 41. For the purpose of incorporating the amendment
 2078  made by this act to section 893.135, Florida Statutes, in
 2079  references thereto, paragraph (a) of subsection (2) and
 2080  paragraph (a) of subsection (3) of section 775.087, Florida
 2081  Statutes, are reenacted to read:
 2082         775.087 Possession or use of weapon; aggravated battery;
 2083  felony reclassification; minimum sentence.—
 2084         (2)(a)1. Any person who is convicted of a felony or an
 2085  attempt to commit a felony, regardless of whether the use of a
 2086  weapon is an element of the felony, and the conviction was for:
 2087         a. Murder;
 2088         b. Sexual battery;
 2089         c. Robbery;
 2090         d. Burglary;
 2091         e. Arson;
 2092         f. Aggravated battery;
 2093         g. Kidnapping;
 2094         h. Escape;
 2095         i. Aircraft piracy;
 2096         j. Aggravated child abuse;
 2097         k. Aggravated abuse of an elderly person or disabled adult;
 2098         l. Unlawful throwing, placing, or discharging of a
 2099  destructive device or bomb;
 2100         m. Carjacking;
 2101         n. Home-invasion robbery;
 2102         o. Aggravated stalking;
 2103         p. Trafficking in cannabis, trafficking in cocaine, capital
 2104  importation of cocaine, trafficking in illegal drugs, capital
 2105  importation of illegal drugs, trafficking in phencyclidine,
 2106  capital importation of phencyclidine, trafficking in
 2107  methaqualone, capital importation of methaqualone, trafficking
 2108  in amphetamine, capital importation of amphetamine, trafficking
 2109  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
 2110  (GHB), trafficking in 1,4-Butanediol, trafficking in
 2111  Phenethylamines, or other violation of s. 893.135(1); or
 2112         q. Possession of a firearm by a felon
 2113  
 2114  and during the commission of the offense, such person actually
 2115  possessed a “firearm” or “destructive device” as those terms are
 2116  defined in s. 790.001, shall be sentenced to a minimum term of
 2117  imprisonment of 10 years, except that a person who is convicted
 2118  for possession of a firearm by a felon or burglary of a
 2119  conveyance shall be sentenced to a minimum term of imprisonment
 2120  of 3 years if such person possessed a “firearm” or “destructive
 2121  device” during the commission of the offense. However, if an
 2122  offender who is convicted of the offense of possession of a
 2123  firearm by a felon has a previous conviction of committing or
 2124  attempting to commit a felony listed in s. 775.084(1)(b)1. and
 2125  actually possessed a firearm or destructive device during the
 2126  commission of the prior felony, the offender shall be sentenced
 2127  to a minimum term of imprisonment of 10 years.
 2128         2. Any person who is convicted of a felony or an attempt to
 2129  commit a felony listed in sub-subparagraphs (a)1.a.-p.,
 2130  regardless of whether the use of a weapon is an element of the
 2131  felony, and during the course of the commission of the felony
 2132  such person discharged a “firearm” or “destructive device” as
 2133  defined in s. 790.001 shall be sentenced to a minimum term of
 2134  imprisonment of 20 years.
 2135         3. Any person who is convicted of a felony or an attempt to
 2136  commit a felony listed in sub-subparagraphs (a)1.a.-p.,
 2137  regardless of whether the use of a weapon is an element of the
 2138  felony, and during the course of the commission of the felony
 2139  such person discharged a “firearm” or “destructive device” as
 2140  defined in s. 790.001 and, as the result of the discharge, death
 2141  or great bodily harm was inflicted upon any person, the
 2142  convicted person shall be sentenced to a minimum term of
 2143  imprisonment of not less than 25 years and not more than a term
 2144  of imprisonment of life in prison.
 2145         (3)(a)1. Any person who is convicted of a felony or an
 2146  attempt to commit a felony, regardless of whether the use of a
 2147  firearm is an element of the felony, and the conviction was for:
 2148         a. Murder;
 2149         b. Sexual battery;
 2150         c. Robbery;
 2151         d. Burglary;
 2152         e. Arson;
 2153         f. Aggravated battery;
 2154         g. Kidnapping;
 2155         h. Escape;
 2156         i. Sale, manufacture, delivery, or intent to sell,
 2157  manufacture, or deliver any controlled substance;
 2158         j. Aircraft piracy;
 2159         k. Aggravated child abuse;
 2160         l. Aggravated abuse of an elderly person or disabled adult;
 2161         m. Unlawful throwing, placing, or discharging of a
 2162  destructive device or bomb;
 2163         n. Carjacking;
 2164         o. Home-invasion robbery;
 2165         p. Aggravated stalking; or
 2166         q. Trafficking in cannabis, trafficking in cocaine, capital
 2167  importation of cocaine, trafficking in illegal drugs, capital
 2168  importation of illegal drugs, trafficking in phencyclidine,
 2169  capital importation of phencyclidine, trafficking in
 2170  methaqualone, capital importation of methaqualone, trafficking
 2171  in amphetamine, capital importation of amphetamine, trafficking
 2172  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
 2173  (GHB), trafficking in 1,4-Butanediol, trafficking in
 2174  Phenethylamines, or other violation of s. 893.135(1);
 2175  
 2176  and during the commission of the offense, such person possessed
 2177  a semiautomatic firearm and its high-capacity detachable box
 2178  magazine or a machine gun as defined in s. 790.001, shall be
 2179  sentenced to a minimum term of imprisonment of 15 years.
 2180         2. Any person who is convicted of a felony or an attempt to
 2181  commit a felony listed in subparagraph (a)1., regardless of
 2182  whether the use of a weapon is an element of the felony, and
 2183  during the course of the commission of the felony such person
 2184  discharged a semiautomatic firearm and its high-capacity box
 2185  magazine or a “machine gun” as defined in s. 790.001 shall be
 2186  sentenced to a minimum term of imprisonment of 20 years.
 2187         3. Any person who is convicted of a felony or an attempt to
 2188  commit a felony listed in subparagraph (a)1., regardless of
 2189  whether the use of a weapon is an element of the felony, and
 2190  during the course of the commission of the felony such person
 2191  discharged a semiautomatic firearm and its high-capacity box
 2192  magazine or a “machine gun” as defined in s. 790.001 and, as the
 2193  result of the discharge, death or great bodily harm was
 2194  inflicted upon any person, the convicted person shall be
 2195  sentenced to a minimum term of imprisonment of not less than 25
 2196  years and not more than a term of imprisonment of life in
 2197  prison.
 2198         Section 42. For the purpose of incorporating the amendment
 2199  made by this act to section 893.135, Florida Statutes, in
 2200  references thereto, paragraph (a) of subsection (1) and
 2201  subsections (3) and (4) of section 782.04, Florida Statutes, are
 2202  reenacted to read:
 2203         782.04 Murder.—
 2204         (1)(a) The unlawful killing of a human being:
 2205         1. When perpetrated from a premeditated design to effect
 2206  the death of the person killed or any human being;
 2207         2. When committed by a person engaged in the perpetration
 2208  of, or in the attempt to perpetrate, any:
 2209         a. Trafficking offense prohibited by s. 893.135(1),
 2210         b. Arson,
 2211         c. Sexual battery,
 2212         d. Robbery,
 2213         e. Burglary,
 2214         f. Kidnapping,
 2215         g. Escape,
 2216         h. Aggravated child abuse,
 2217         i. Aggravated abuse of an elderly person or disabled adult,
 2218         j. Aircraft piracy,
 2219         k. Unlawful throwing, placing, or discharging of a
 2220  destructive device or bomb,
 2221         l. Carjacking,
 2222         m. Home-invasion robbery,
 2223         n. Aggravated stalking,
 2224         o. Murder of another human being,
 2225         p. Resisting an officer with violence to his or her person,
 2226         q. Aggravated fleeing or eluding with serious bodily injury
 2227  or death,
 2228         r. Felony that is an act of terrorism or is in furtherance
 2229  of an act of terrorism, including a felony under s. 775.30, s.
 2230  775.32, s. 775.33, s. 775.34, or s. 775.35, or
 2231         s. Human trafficking; or
 2232         3. Which resulted from the unlawful distribution by a
 2233  person 18 years of age or older of any of the following
 2234  substances, or mixture containing any of the following
 2235  substances, when such substance or mixture is proven to be the
 2236  proximate cause of the death of the user:
 2237         a. A substance controlled under s. 893.03(1);
 2238         b. Cocaine, as described in s. 893.03(2)(a)4.;
 2239         c. Opium or any synthetic or natural salt, compound,
 2240  derivative, or preparation of opium;
 2241         d. Methadone;
 2242         e. Alfentanil, as described in s. 893.03(2)(b)1.;
 2243         f. Carfentanil, as described in s. 893.03(2)(b)6.;
 2244         g. Fentanyl, as described in s. 893.03(2)(b)9.;
 2245         h. Sufentanil, as described in s. 893.03(2)(b)30.; or
 2246         i. A controlled substance analog, as described in s.
 2247  893.0356, of any substance specified in sub-subparagraphs a.-h.,
 2248  
 2249  is murder in the first degree and constitutes a capital felony,
 2250  punishable as provided in s. 775.082.
 2251         (3) When a human being is killed during the perpetration
 2252  of, or during the attempt to perpetrate, any:
 2253         (a) Trafficking offense prohibited by s. 893.135(1),
 2254         (b) Arson,
 2255         (c) Sexual battery,
 2256         (d) Robbery,
 2257         (e) Burglary,
 2258         (f) Kidnapping,
 2259         (g) Escape,
 2260         (h) Aggravated child abuse,
 2261         (i) Aggravated abuse of an elderly person or disabled
 2262  adult,
 2263         (j) Aircraft piracy,
 2264         (k) Unlawful throwing, placing, or discharging of a
 2265  destructive device or bomb,
 2266         (l) Carjacking,
 2267         (m) Home-invasion robbery,
 2268         (n) Aggravated stalking,
 2269         (o) Murder of another human being,
 2270         (p) Aggravated fleeing or eluding with serious bodily
 2271  injury or death,
 2272         (q) Resisting an officer with violence to his or her
 2273  person, or
 2274         (r) Felony that is an act of terrorism or is in furtherance
 2275  of an act of terrorism, including a felony under s. 775.30, s.
 2276  775.32, s. 775.33, s. 775.34, or s. 775.35,
 2277  
 2278  by a person other than the person engaged in the perpetration of
 2279  or in the attempt to perpetrate such felony, the person
 2280  perpetrating or attempting to perpetrate such felony commits
 2281  murder in the second degree, which constitutes a felony of the
 2282  first degree, punishable by imprisonment for a term of years not
 2283  exceeding life or as provided in s. 775.082, s. 775.083, or s.
 2284  775.084.
 2285         (4) The unlawful killing of a human being, when perpetrated
 2286  without any design to effect death, by a person engaged in the
 2287  perpetration of, or in the attempt to perpetrate, any felony
 2288  other than any:
 2289         (a) Trafficking offense prohibited by s. 893.135(1),
 2290         (b) Arson,
 2291         (c) Sexual battery,
 2292         (d) Robbery,
 2293         (e) Burglary,
 2294         (f) Kidnapping,
 2295         (g) Escape,
 2296         (h) Aggravated child abuse,
 2297         (i) Aggravated abuse of an elderly person or disabled
 2298  adult,
 2299         (j) Aircraft piracy,
 2300         (k) Unlawful throwing, placing, or discharging of a
 2301  destructive device or bomb,
 2302         (l) Unlawful distribution of any substance controlled under
 2303  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
 2304  opium or any synthetic or natural salt, compound, derivative, or
 2305  preparation of opium by a person 18 years of age or older, when
 2306  such drug is proven to be the proximate cause of the death of
 2307  the user,
 2308         (m) Carjacking,
 2309         (n) Home-invasion robbery,
 2310         (o) Aggravated stalking,
 2311         (p) Murder of another human being,
 2312         (q) Aggravated fleeing or eluding with serious bodily
 2313  injury or death,
 2314         (r) Resisting an officer with violence to his or her
 2315  person, or
 2316         (s) Felony that is an act of terrorism or is in furtherance
 2317  of an act of terrorism, including a felony under s. 775.30, s.
 2318  775.32, s. 775.33, s. 775.34, or s. 775.35,
 2319  
 2320  is murder in the third degree and constitutes a felony of the
 2321  second degree, punishable as provided in s. 775.082, s. 775.083,
 2322  or s. 775.084.
 2323         Section 43. For the purpose of incorporating the amendment
 2324  made by this act to section 893.135, Florida Statutes, in a
 2325  reference thereto, subsection (3) of section 810.02, Florida
 2326  Statutes, is reenacted to read:
 2327         810.02 Burglary.—
 2328         (3) Burglary is a felony of the second degree, punishable
 2329  as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
 2330  course of committing the offense, the offender does not make an
 2331  assault or battery and is not and does not become armed with a
 2332  dangerous weapon or explosive, and the offender enters or
 2333  remains in a:
 2334         (a) Dwelling, and there is another person in the dwelling
 2335  at the time the offender enters or remains;
 2336         (b) Dwelling, and there is not another person in the
 2337  dwelling at the time the offender enters or remains;
 2338         (c) Structure, and there is another person in the structure
 2339  at the time the offender enters or remains;
 2340         (d) Conveyance, and there is another person in the
 2341  conveyance at the time the offender enters or remains;
 2342         (e) Authorized emergency vehicle, as defined in s. 316.003;
 2343  or
 2344         (f) Structure or conveyance when the offense intended to be
 2345  committed therein is theft of a controlled substance as defined
 2346  in s. 893.02. Notwithstanding any other law, separate judgments
 2347  and sentences for burglary with the intent to commit theft of a
 2348  controlled substance under this paragraph and for any applicable
 2349  possession of controlled substance offense under s. 893.13 or
 2350  trafficking in controlled substance offense under s. 893.135 may
 2351  be imposed when all such offenses involve the same amount or
 2352  amounts of a controlled substance.
 2353  
 2354  However, if the burglary is committed within a county that is
 2355  subject to a state of emergency declared by the Governor under
 2356  chapter 252 after the declaration of emergency is made and the
 2357  perpetration of the burglary is facilitated by conditions
 2358  arising from the emergency, the burglary is a felony of the
 2359  first degree, punishable as provided in s. 775.082, s. 775.083,
 2360  or s. 775.084. As used in this subsection, the term “conditions
 2361  arising from the emergency” means civil unrest, power outages,
 2362  curfews, voluntary or mandatory evacuations, or a reduction in
 2363  the presence of or response time for first responders or
 2364  homeland security personnel. A person arrested for committing a
 2365  burglary within a county that is subject to such a state of
 2366  emergency may not be released until the person appears before a
 2367  committing magistrate at a first appearance hearing. For
 2368  purposes of sentencing under chapter 921, a felony offense that
 2369  is reclassified under this subsection is ranked one level above
 2370  the ranking under s. 921.0022 or s. 921.0023 of the offense
 2371  committed.
 2372         Section 44. For the purpose of incorporating the amendment
 2373  made by this act to section 893.135, Florida Statutes, in a
 2374  reference thereto, paragraph (c) of subsection (2) of section
 2375  812.014, Florida Statutes, is reenacted to read:
 2376         812.014 Theft.—
 2377         (2)
 2378         (c) It is grand theft of the third degree and a felony of
 2379  the third degree, punishable as provided in s. 775.082, s.
 2380  775.083, or s. 775.084, if the property stolen is:
 2381         1. Valued at $300 or more, but less than $5,000.
 2382         2. Valued at $5,000 or more, but less than $10,000.
 2383         3. Valued at $10,000 or more, but less than $20,000.
 2384         4. A will, codicil, or other testamentary instrument.
 2385         5. A firearm.
 2386         6. A motor vehicle, except as provided in paragraph (a).
 2387         7. Any commercially farmed animal, including any animal of
 2388  the equine, avian, bovine, or swine class or other grazing
 2389  animal; a bee colony of a registered beekeeper; and aquaculture
 2390  species raised at a certified aquaculture facility. If the
 2391  property stolen is a commercially farmed animal, including an
 2392  animal of the equine, avian, bovine, or swine class or other
 2393  grazing animal; a bee colony of a registered beekeeper; or an
 2394  aquaculture species raised at a certified aquaculture facility,
 2395  a $10,000 fine shall be imposed.
 2396         8. Any fire extinguisher.
 2397         9. Any amount of citrus fruit consisting of 2,000 or more
 2398  individual pieces of fruit.
 2399         10. Taken from a designated construction site identified by
 2400  the posting of a sign as provided for in s. 810.09(2)(d).
 2401         11. Any stop sign.
 2402         12. Anhydrous ammonia.
 2403         13. Any amount of a controlled substance as defined in s.
 2404  893.02. Notwithstanding any other law, separate judgments and
 2405  sentences for theft of a controlled substance under this
 2406  subparagraph and for any applicable possession of controlled
 2407  substance offense under s. 893.13 or trafficking in controlled
 2408  substance offense under s. 893.135 may be imposed when all such
 2409  offenses involve the same amount or amounts of a controlled
 2410  substance.
 2411  
 2412  However, if the property is stolen within a county that is
 2413  subject to a state of emergency declared by the Governor under
 2414  chapter 252, the property is stolen after the declaration of
 2415  emergency is made, and the perpetration of the theft is
 2416  facilitated by conditions arising from the emergency, the
 2417  offender commits a felony of the second degree, punishable as
 2418  provided in s. 775.082, s. 775.083, or s. 775.084, if the
 2419  property is valued at $5,000 or more, but less than $10,000, as
 2420  provided under subparagraph 2., or if the property is valued at
 2421  $10,000 or more, but less than $20,000, as provided under
 2422  subparagraph 3. As used in this paragraph, the term “conditions
 2423  arising from the emergency” means civil unrest, power outages,
 2424  curfews, voluntary or mandatory evacuations, or a reduction in
 2425  the presence of or the response time for first responders or
 2426  homeland security personnel. For purposes of sentencing under
 2427  chapter 921, a felony offense that is reclassified under this
 2428  paragraph is ranked one level above the ranking under s.
 2429  921.0022 or s. 921.0023 of the offense committed.
 2430         Section 45. For the purpose of incorporating the amendment
 2431  made by this act to section 893.135, Florida Statutes, in a
 2432  reference thereto, paragraph (d) of subsection (8) of section
 2433  893.13, Florida Statutes, is reenacted to read:
 2434         893.13 Prohibited acts; penalties.—
 2435         (8)
 2436         (d) Notwithstanding paragraph (c), if a prescribing
 2437  practitioner has violated paragraph (a) and received $1,000 or
 2438  more in payment for writing one or more prescriptions or, in the
 2439  case of a prescription written for a controlled substance
 2440  described in s. 893.135, has written one or more prescriptions
 2441  for a quantity of a controlled substance which, individually or
 2442  in the aggregate, meets the threshold for the offense of
 2443  trafficking in a controlled substance under s. 893.135, the
 2444  violation is reclassified as a felony of the second degree and
 2445  ranked in level 4 of the Criminal Punishment Code.
 2446         Section 46. For the purpose of incorporating the amendment
 2447  made by this act to section 893.135, Florida Statutes, in
 2448  references thereto, subsections (1) and (2) of section 893.1351,
 2449  Florida Statutes, are reenacted to read:
 2450         893.1351 Ownership, lease, rental, or possession for
 2451  trafficking in or manufacturing a controlled substance.—
 2452         (1) A person may not own, lease, or rent any place,
 2453  structure, or part thereof, trailer, or other conveyance with
 2454  the knowledge that the place, structure, trailer, or conveyance
 2455  will be used for the purpose of trafficking in a controlled
 2456  substance, as provided in s. 893.135; for the sale of a
 2457  controlled substance, as provided in s. 893.13; or for the
 2458  manufacture of a controlled substance intended for sale or
 2459  distribution to another. A person who violates this subsection
 2460  commits a felony of the third degree, punishable as provided in
 2461  s. 775.082, s. 775.083, or s. 775.084.
 2462         (2) A person may not knowingly be in actual or constructive
 2463  possession of any place, structure, or part thereof, trailer, or
 2464  other conveyance with the knowledge that the place, structure,
 2465  or part thereof, trailer, or conveyance will be used for the
 2466  purpose of trafficking in a controlled substance, as provided in
 2467  s. 893.135; for the sale of a controlled substance, as provided
 2468  in s. 893.13; or for the manufacture of a controlled substance
 2469  intended for sale or distribution to another. A person who
 2470  violates this subsection commits a felony of the second degree,
 2471  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2472         Section 47. For the purpose of incorporating the amendment
 2473  made by this act to section 893.135, Florida Statutes, in a
 2474  reference thereto, paragraph (e) of subsection (3) of section
 2475  900.05, Florida Statutes, is reenacted to read:
 2476         900.05 Criminal justice data collection.—
 2477         (3) DATA COLLECTION AND REPORTING.—Beginning January 1,
 2478  2019, an entity required to collect data in accordance with this
 2479  subsection shall collect the specified data required of the
 2480  entity on a biweekly basis. Each entity shall report the data
 2481  collected in accordance with this subsection to the Department
 2482  of Law Enforcement on a monthly basis.
 2483         (e) Department of Corrections.—The Department of
 2484  Corrections shall collect the following data:
 2485         1. Information related to each inmate, including:
 2486         a. Identifying information, including name, date of birth,
 2487  race or ethnicity, and identification number assigned by the
 2488  department.
 2489         b. Number of children.
 2490         c. Education level, including any vocational training.
 2491         d. Date the inmate was admitted to the custody of the
 2492  department.
 2493         e. Current institution placement and the security level
 2494  assigned to the institution.
 2495         f. Custody level assignment.
 2496         g. Qualification for a flag designation as defined in this
 2497  section, including sexual offender flag, habitual offender flag,
 2498  gang affiliation flag, or concurrent or consecutive sentence
 2499  flag.
 2500         h. County that committed the prisoner to the custody of the
 2501  department.
 2502         i. Whether the reason for admission to the department is
 2503  for a new conviction or a violation of probation, community
 2504  control, or parole. For an admission for a probation, community
 2505  control, or parole violation, the department shall report
 2506  whether the violation was technical or based on a new violation
 2507  of law.
 2508         j. Specific statutory citation for which the inmate was
 2509  committed to the department, including, for an inmate convicted
 2510  of drug trafficking under s. 893.135, the statutory citation for
 2511  each specific drug trafficked.
 2512         k. Length of sentence or concurrent or consecutive
 2513  sentences served.
 2514         l. Tentative release date.
 2515         m. Gain time earned in accordance with s. 944.275.
 2516         n. Prior incarceration within the state.
 2517         o. Disciplinary violation and action.
 2518         p. Participation in rehabilitative or educational programs
 2519  while in the custody of the department.
 2520         2. Information about each state correctional institution or
 2521  facility, including:
 2522         a. Budget for each state correctional institution or
 2523  facility.
 2524         b. Daily prison population of all inmates incarcerated in a
 2525  state correctional institution or facility.
 2526         c. Daily number of correctional officers for each state
 2527  correctional institution or facility.
 2528         3. Information related to persons supervised by the
 2529  department on probation or community control, including:
 2530         a. Identifying information for each person supervised by
 2531  the department on probation or community control, including his
 2532  or her name, date of birth, race or ethnicity, sex, and
 2533  department-assigned case number.
 2534         b. Length of probation or community control sentence
 2535  imposed and amount of time that has been served on such
 2536  sentence.
 2537         c. Projected termination date for probation or community
 2538  control.
 2539         d. Revocation of probation or community control due to a
 2540  violation, including whether the revocation is due to a
 2541  technical violation of the conditions of supervision or from the
 2542  commission of a new law violation.
 2543         4. Per diem rates for:
 2544         a. Prison bed.
 2545         b. Probation.
 2546         c. Community control.
 2547  
 2548  This information only needs to be reported once annually at the
 2549  time the most recent per diem rate is published.
 2550         Section 48. For the purpose of incorporating the amendment
 2551  made by this act to section 893.135, Florida Statutes, in a
 2552  reference thereto, section 903.133, Florida Statutes, is
 2553  reenacted to read:
 2554         903.133 Bail on appeal; prohibited for certain felony
 2555  convictions.—Notwithstanding the provisions of s. 903.132, no
 2556  person adjudged guilty of a felony of the first degree for a
 2557  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
 2558  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
 2559  violation of s. 794.011(2) or (3), shall be admitted to bail
 2560  pending review either by posttrial motion or appeal.
 2561         Section 49. For the purpose of incorporating the amendment
 2562  made by this act to section 893.135, Florida Statutes, in a
 2563  reference thereto, paragraph (c) of subsection (4) of section
 2564  907.041, Florida Statutes, is reenacted to read:
 2565         907.041 Pretrial detention and release.—
 2566         (4) PRETRIAL DETENTION.—
 2567         (c) The court may order pretrial detention if it finds a
 2568  substantial probability, based on a defendant’s past and present
 2569  patterns of behavior, the criteria in s. 903.046, and any other
 2570  relevant facts, that any of the following circumstances exist:
 2571         1. The defendant has previously violated conditions of
 2572  release and that no further conditions of release are reasonably
 2573  likely to assure the defendant’s appearance at subsequent
 2574  proceedings;
 2575         2. The defendant, with the intent to obstruct the judicial
 2576  process, has threatened, intimidated, or injured any victim,
 2577  potential witness, juror, or judicial officer, or has attempted
 2578  or conspired to do so, and that no condition of release will
 2579  reasonably prevent the obstruction of the judicial process;
 2580         3. The defendant is charged with trafficking in controlled
 2581  substances as defined by s. 893.135, that there is a substantial
 2582  probability that the defendant has committed the offense, and
 2583  that no conditions of release will reasonably assure the
 2584  defendant’s appearance at subsequent criminal proceedings;
 2585         4. The defendant is charged with DUI manslaughter, as
 2586  defined by s. 316.193, and that there is a substantial
 2587  probability that the defendant committed the crime and that the
 2588  defendant poses a threat of harm to the community; conditions
 2589  that would support a finding by the court pursuant to this
 2590  subparagraph that the defendant poses a threat of harm to the
 2591  community include, but are not limited to, any of the following:
 2592         a. The defendant has previously been convicted of any crime
 2593  under s. 316.193, or of any crime in any other state or
 2594  territory of the United States that is substantially similar to
 2595  any crime under s. 316.193;
 2596         b. The defendant was driving with a suspended driver
 2597  license when the charged crime was committed; or
 2598         c. The defendant has previously been found guilty of, or
 2599  has had adjudication of guilt withheld for, driving while the
 2600  defendant’s driver license was suspended or revoked in violation
 2601  of s. 322.34;
 2602         5. The defendant poses the threat of harm to the community.
 2603  The court may so conclude, if it finds that the defendant is
 2604  presently charged with a dangerous crime, that there is a
 2605  substantial probability that the defendant committed such crime,
 2606  that the factual circumstances of the crime indicate a disregard
 2607  for the safety of the community, and that there are no
 2608  conditions of release reasonably sufficient to protect the
 2609  community from the risk of physical harm to persons;
 2610         6. The defendant was on probation, parole, or other release
 2611  pending completion of sentence or on pretrial release for a
 2612  dangerous crime at the time the current offense was committed;
 2613         7. The defendant has violated one or more conditions of
 2614  pretrial release or bond for the offense currently before the
 2615  court and the violation, in the discretion of the court,
 2616  supports a finding that no conditions of release can reasonably
 2617  protect the community from risk of physical harm to persons or
 2618  assure the presence of the accused at trial; or
 2619         8.a. The defendant has ever been sentenced pursuant to s.
 2620  775.082(9) or s. 775.084 as a prison releasee reoffender,
 2621  habitual violent felony offender, three-time violent felony
 2622  offender, or violent career criminal, or the state attorney
 2623  files a notice seeking that the defendant be sentenced pursuant
 2624  to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
 2625  habitual violent felony offender, three-time violent felony
 2626  offender, or violent career criminal;
 2627         b. There is a substantial probability that the defendant
 2628  committed the offense; and
 2629         c. There are no conditions of release that can reasonably
 2630  protect the community from risk of physical harm or ensure the
 2631  presence of the accused at trial.
 2632         Section 50. For the purpose of incorporating the amendment
 2633  made by this act to section 893.135, Florida Statutes, in a
 2634  reference thereto, paragraph (b) of subsection (1) of section
 2635  921.0024, Florida Statutes, is reenacted to read:
 2636         921.0024 Criminal Punishment Code; worksheet computations;
 2637  scoresheets.—
 2638         (1)
 2639         (b) WORKSHEET KEY:
 2640  
 2641  Legal status points are assessed when any form of legal status
 2642  existed at the time the offender committed an offense before the
 2643  court for sentencing. Four (4) sentence points are assessed for
 2644  an offender’s legal status.
 2645  
 2646  Community sanction violation points are assessed when a
 2647  community sanction violation is before the court for sentencing.
 2648  Six (6) sentence points are assessed for each community sanction
 2649  violation and each successive community sanction violation,
 2650  unless any of the following apply:
 2651         1. If the community sanction violation includes a new
 2652  felony conviction before the sentencing court, twelve (12)
 2653  community sanction violation points are assessed for the
 2654  violation, and for each successive community sanction violation
 2655  involving a new felony conviction.
 2656         2. If the community sanction violation is committed by a
 2657  violent felony offender of special concern as defined in s.
 2658  948.06:
 2659         a. Twelve (12) community sanction violation points are
 2660  assessed for the violation and for each successive violation of
 2661  felony probation or community control where:
 2662         I. The violation does not include a new felony conviction;
 2663  and
 2664         II. The community sanction violation is not based solely on
 2665  the probationer or offender’s failure to pay costs or fines or
 2666  make restitution payments.
 2667         b. Twenty-four (24) community sanction violation points are
 2668  assessed for the violation and for each successive violation of
 2669  felony probation or community control where the violation
 2670  includes a new felony conviction.
 2671  
 2672  Multiple counts of community sanction violations before the
 2673  sentencing court shall not be a basis for multiplying the
 2674  assessment of community sanction violation points.
 2675  
 2676  Prior serious felony points: If the offender has a primary
 2677  offense or any additional offense ranked in level 8, level 9, or
 2678  level 10, and one or more prior serious felonies, a single
 2679  assessment of thirty (30) points shall be added. For purposes of
 2680  this section, a prior serious felony is an offense in the
 2681  offender’s prior record that is ranked in level 8, level 9, or
 2682  level 10 under s. 921.0022 or s. 921.0023 and for which the
 2683  offender is serving a sentence of confinement, supervision, or
 2684  other sanction or for which the offender’s date of release from
 2685  confinement, supervision, or other sanction, whichever is later,
 2686  is within 3 years before the date the primary offense or any
 2687  additional offense was committed.
 2688  
 2689  Prior capital felony points: If the offender has one or more
 2690  prior capital felonies in the offender’s criminal record, points
 2691  shall be added to the subtotal sentence points of the offender
 2692  equal to twice the number of points the offender receives for
 2693  the primary offense and any additional offense. A prior capital
 2694  felony in the offender’s criminal record is a previous capital
 2695  felony offense for which the offender has entered a plea of nolo
 2696  contendere or guilty or has been found guilty; or a felony in
 2697  another jurisdiction which is a capital felony in that
 2698  jurisdiction, or would be a capital felony if the offense were
 2699  committed in this state.
 2700  
 2701  Possession of a firearm, semiautomatic firearm, or machine gun:
 2702  If the offender is convicted of committing or attempting to
 2703  commit any felony other than those enumerated in s. 775.087(2)
 2704  while having in his or her possession: a firearm as defined in
 2705  s. 790.001(6), an additional eighteen (18) sentence points are
 2706  assessed; or if the offender is convicted of committing or
 2707  attempting to commit any felony other than those enumerated in
 2708  s. 775.087(3) while having in his or her possession a
 2709  semiautomatic firearm as defined in s. 775.087(3) or a machine
 2710  gun as defined in s. 790.001(9), an additional twenty-five (25)
 2711  sentence points are assessed.
 2712  
 2713  Sentencing multipliers:
 2714  
 2715  Drug trafficking: If the primary offense is drug trafficking
 2716  under s. 893.135, the subtotal sentence points are multiplied,
 2717  at the discretion of the court, for a level 7 or level 8
 2718  offense, by 1.5. The state attorney may move the sentencing
 2719  court to reduce or suspend the sentence of a person convicted of
 2720  a level 7 or level 8 offense, if the offender provides
 2721  substantial assistance as described in s. 893.135(4).
 2722  
 2723  Law enforcement protection: If the primary offense is a
 2724  violation of the Law Enforcement Protection Act under s.
 2725  775.0823(2), (3), or (4), the subtotal sentence points are
 2726  multiplied by 2.5. If the primary offense is a violation of s.
 2727  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
 2728  are multiplied by 2.0. If the primary offense is a violation of
 2729  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
 2730  Protection Act under s. 775.0823(10) or (11), the subtotal
 2731  sentence points are multiplied by 1.5.
 2732  
 2733  Grand theft of a motor vehicle: If the primary offense is grand
 2734  theft of the third degree involving a motor vehicle and in the
 2735  offender’s prior record, there are three or more grand thefts of
 2736  the third degree involving a motor vehicle, the subtotal
 2737  sentence points are multiplied by 1.5.
 2738  
 2739  Offense related to a criminal gang: If the offender is convicted
 2740  of the primary offense and committed that offense for the
 2741  purpose of benefiting, promoting, or furthering the interests of
 2742  a criminal gang as defined in s. 874.03, the subtotal sentence
 2743  points are multiplied by 1.5. If applying the multiplier results
 2744  in the lowest permissible sentence exceeding the statutory
 2745  maximum sentence for the primary offense under chapter 775, the
 2746  court may not apply the multiplier and must sentence the
 2747  defendant to the statutory maximum sentence.
 2748  
 2749  Domestic violence in the presence of a child: If the offender is
 2750  convicted of the primary offense and the primary offense is a
 2751  crime of domestic violence, as defined in s. 741.28, which was
 2752  committed in the presence of a child under 16 years of age who
 2753  is a family or household member as defined in s. 741.28(3) with
 2754  the victim or perpetrator, the subtotal sentence points are
 2755  multiplied by 1.5.
 2756  
 2757  Adult-on-minor sex offense: If the offender was 18 years of age
 2758  or older and the victim was younger than 18 years of age at the
 2759  time the offender committed the primary offense, and if the
 2760  primary offense was an offense committed on or after October 1,
 2761  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
 2762  violation involved a victim who was a minor and, in the course
 2763  of committing that violation, the defendant committed a sexual
 2764  battery under chapter 794 or a lewd act under s. 800.04 or s.
 2765  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
 2766  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
 2767  800.04; or s. 847.0135(5), the subtotal sentence points are
 2768  multiplied by 2.0. If applying the multiplier results in the
 2769  lowest permissible sentence exceeding the statutory maximum
 2770  sentence for the primary offense under chapter 775, the court
 2771  may not apply the multiplier and must sentence the defendant to
 2772  the statutory maximum sentence.
 2773         Section 51. For the purpose of incorporating the amendment
 2774  made by this act to section 945.091, Florida Statutes, in a
 2775  reference thereto, subsection (2) of section 944.516, Florida
 2776  Statutes, is reenacted to read:
 2777         944.516 Money or other property received for personal use
 2778  or benefit of inmate; deposit; disposition of unclaimed trust
 2779  funds.—The Department of Corrections shall protect the financial
 2780  interest of the state with respect to claims which the state may
 2781  have against inmates in state institutions under its supervision
 2782  and control and shall administer money and other property
 2783  received for the personal benefit of such inmates. In carrying
 2784  out the provisions of this section, the department may delegate
 2785  any of its enumerated powers and duties affecting inmates of an
 2786  institution to the warden or regional director who shall
 2787  personally, or through designated employees of his or her
 2788  personal staff under his or her direct supervision, exercise
 2789  such powers or perform such duties.
 2790         (2) The department shall require documentation through an
 2791  accounting of receipts for expenditures by inmates placed on
 2792  extended limits of confinement pursuant to s. 945.091. However,
 2793  the department may allow such inmates an amount up to $25 per
 2794  week which may not require documentation and which may be used
 2795  for discretionary needs. The $25 per week may be increased by $5
 2796  biennially, beginning in fiscal year 1985-1986, up to a total of
 2797  $50.
 2798         Section 52. For the purpose of incorporating the amendment
 2799  made by this act to section 945.091, Florida Statutes, in a
 2800  reference thereto, section 945.092, Florida Statutes, is
 2801  reenacted to read:
 2802         945.092 Limits on work-release and minimum security custody
 2803  for persons who have committed the crime of escape.—A person who
 2804  has ever been convicted, regardless of adjudication, of the
 2805  offense of escape, as prohibited by s. 944.40 or its successor,
 2806  or as prohibited by a similar law of another state, is not
 2807  eligible for any work-release program under s. 945.091 or for
 2808  confinement in minimum security conditions.
 2809         Section 53. For the purpose of incorporating the amendment
 2810  made by this act to section 945.091, Florida Statutes, in a
 2811  reference thereto, subsection (2) of section 946.503, Florida
 2812  Statutes, is reenacted to read:
 2813         946.503 Definitions to be used with respect to correctional
 2814  work programs.—As used in this part, the term:
 2815         (2) “Correctional work program” means any program presently
 2816  a part of the prison industries program operated by the
 2817  department or any other correctional work program carried on at
 2818  any state correctional facility presently or in the future, but
 2819  the term does not include any program authorized by s. 945.091
 2820  or s. 946.40.
 2821         Section 54. For the purpose of incorporating the amendment
 2822  made by this act to section 947.149, Florida Statutes, in a
 2823  reference thereto, subsection (6) of section 316.1935, Florida
 2824  Statutes, is reenacted to read:
 2825         316.1935 Fleeing or attempting to elude a law enforcement
 2826  officer; aggravated fleeing or eluding.—
 2827         (6) Notwithstanding s. 948.01, no court may suspend, defer,
 2828  or withhold adjudication of guilt or imposition of sentence for
 2829  any violation of this section. A person convicted and sentenced
 2830  to a mandatory minimum term of incarceration under paragraph
 2831  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
 2832  time under s. 944.275 or any form of discretionary early
 2833  release, other than pardon or executive clemency or conditional
 2834  medical release under s. 947.149, prior to serving the mandatory
 2835  minimum sentence.
 2836         Section 55. For the purpose of incorporating the amendment
 2837  made by this act to section 947.149, Florida Statutes, in a
 2838  reference thereto, paragraph (k) of subsection (4) of section
 2839  775.084, Florida Statutes, is reenacted to read:
 2840         775.084 Violent career criminals; habitual felony offenders
 2841  and habitual violent felony offenders; three-time violent felony
 2842  offenders; definitions; procedure; enhanced penalties or
 2843  mandatory minimum prison terms.—
 2844         (4)
 2845         (k)1. A defendant sentenced under this section as a
 2846  habitual felony offender, a habitual violent felony offender, or
 2847  a violent career criminal is eligible for gain-time granted by
 2848  the Department of Corrections as provided in s. 944.275(4)(b).
 2849         2. For an offense committed on or after October 1, 1995, a
 2850  defendant sentenced under this section as a violent career
 2851  criminal is not eligible for any form of discretionary early
 2852  release, other than pardon or executive clemency, or conditional
 2853  medical release granted pursuant to s. 947.149.
 2854         3. For an offense committed on or after July 1, 1999, a
 2855  defendant sentenced under this section as a three-time violent
 2856  felony offender shall be released only by expiration of sentence
 2857  and shall not be eligible for parole, control release, or any
 2858  form of early release.
 2859         Section 56. For the purpose of incorporating the amendment
 2860  made by this act to section 947.149, Florida Statutes, in a
 2861  reference thereto, subsection (3) of section 784.07, Florida
 2862  Statutes, is reenacted to read:
 2863         784.07 Assault or battery of law enforcement officers,
 2864  firefighters, emergency medical care providers, public transit
 2865  employees or agents, or other specified officers;
 2866  reclassification of offenses; minimum sentences.—
 2867         (3) Any person who is convicted of a battery under
 2868  paragraph (2)(b) and, during the commission of the offense, such
 2869  person possessed:
 2870         (a) A “firearm” or “destructive device” as those terms are
 2871  defined in s. 790.001, shall be sentenced to a minimum term of
 2872  imprisonment of 3 years.
 2873         (b) A semiautomatic firearm and its high-capacity
 2874  detachable box magazine, as defined in s. 775.087(3), or a
 2875  machine gun as defined in s. 790.001, shall be sentenced to a
 2876  minimum term of imprisonment of 8 years.
 2877  
 2878  Notwithstanding s. 948.01, adjudication of guilt or imposition
 2879  of sentence shall not be suspended, deferred, or withheld, and
 2880  the defendant is not eligible for statutory gain-time under s.
 2881  944.275 or any form of discretionary early release, other than
 2882  pardon or executive clemency, or conditional medical release
 2883  under s. 947.149, prior to serving the minimum sentence.
 2884         Section 57. For the purpose of incorporating the amendment
 2885  made by this act to section 947.149, Florida Statutes, in a
 2886  reference thereto, subsection (1) of section 790.235, Florida
 2887  Statutes, is reenacted to read:
 2888         790.235 Possession of firearm or ammunition by violent
 2889  career criminal unlawful; penalty.—
 2890         (1) Any person who meets the violent career criminal
 2891  criteria under s. 775.084(1)(d), regardless of whether such
 2892  person is or has previously been sentenced as a violent career
 2893  criminal, who owns or has in his or her care, custody,
 2894  possession, or control any firearm, ammunition, or electric
 2895  weapon or device, or carries a concealed weapon, including a
 2896  tear gas gun or chemical weapon or device, commits a felony of
 2897  the first degree, punishable as provided in s. 775.082, s.
 2898  775.083, or s. 775.084. A person convicted of a violation of
 2899  this section shall be sentenced to a mandatory minimum of 15
 2900  years’ imprisonment; however, if the person would be sentenced
 2901  to a longer term of imprisonment under s. 775.084(4)(d), the
 2902  person must be sentenced under that provision. A person
 2903  convicted of a violation of this section is not eligible for any
 2904  form of discretionary early release, other than pardon,
 2905  executive clemency, or conditional medical release under s.
 2906  947.149.
 2907         Section 58. For the purpose of incorporating the amendment
 2908  made by this act to section 947.149, Florida Statutes, in a
 2909  reference thereto, subsection (7) of section 794.0115, Florida
 2910  Statutes, is reenacted to read:
 2911         794.0115 Dangerous sexual felony offender; mandatory
 2912  sentencing.—
 2913         (7) A defendant sentenced to a mandatory minimum term of
 2914  imprisonment under this section is not eligible for statutory
 2915  gain-time under s. 944.275 or any form of discretionary early
 2916  release, other than pardon or executive clemency, or conditional
 2917  medical release under s. 947.149, before serving the minimum
 2918  sentence.
 2919         Section 59. For the purpose of incorporating the amendment
 2920  made by this act to section 947.149, Florida Statutes, in a
 2921  reference thereto, paragraphs (b), (c), and (g) of subsection
 2922  (1) and subsection (3) of section 893.135, Florida Statutes, are
 2923  reenacted to read:
 2924         893.135 Trafficking; mandatory sentences; suspension or
 2925  reduction of sentences; conspiracy to engage in trafficking.—
 2926         (1) Except as authorized in this chapter or in chapter 499
 2927  and notwithstanding the provisions of s. 893.13:
 2928         (b)1. Any person who knowingly sells, purchases,
 2929  manufactures, delivers, or brings into this state, or who is
 2930  knowingly in actual or constructive possession of, 28 grams or
 2931  more of cocaine, as described in s. 893.03(2)(a)4., or of any
 2932  mixture containing cocaine, but less than 150 kilograms of
 2933  cocaine or any such mixture, commits a felony of the first
 2934  degree, which felony shall be known as “trafficking in cocaine,”
 2935  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2936  If the quantity involved:
 2937         a. Is 28 grams or more, but less than 200 grams, such
 2938  person shall be sentenced to a mandatory minimum term of
 2939  imprisonment of 3 years, and the defendant shall be ordered to
 2940  pay a fine of $50,000.
 2941         b. Is 200 grams or more, but less than 400 grams, such
 2942  person shall be sentenced to a mandatory minimum term of
 2943  imprisonment of 7 years, and the defendant shall be ordered to
 2944  pay a fine of $100,000.
 2945         c. Is 400 grams or more, but less than 150 kilograms, such
 2946  person shall be sentenced to a mandatory minimum term of
 2947  imprisonment of 15 calendar years and pay a fine of $250,000.
 2948         2. Any person who knowingly sells, purchases, manufactures,
 2949  delivers, or brings into this state, or who is knowingly in
 2950  actual or constructive possession of, 150 kilograms or more of
 2951  cocaine, as described in s. 893.03(2)(a)4., commits the first
 2952  degree felony of trafficking in cocaine. A person who has been
 2953  convicted of the first degree felony of trafficking in cocaine
 2954  under this subparagraph shall be punished by life imprisonment
 2955  and is ineligible for any form of discretionary early release
 2956  except pardon or executive clemency or conditional medical
 2957  release under s. 947.149. However, if the court determines that,
 2958  in addition to committing any act specified in this paragraph:
 2959         a. The person intentionally killed an individual or
 2960  counseled, commanded, induced, procured, or caused the
 2961  intentional killing of an individual and such killing was the
 2962  result; or
 2963         b. The person’s conduct in committing that act led to a
 2964  natural, though not inevitable, lethal result,
 2965  
 2966  such person commits the capital felony of trafficking in
 2967  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
 2968  person sentenced for a capital felony under this paragraph shall
 2969  also be sentenced to pay the maximum fine provided under
 2970  subparagraph 1.
 2971         3. Any person who knowingly brings into this state 300
 2972  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
 2973  and who knows that the probable result of such importation would
 2974  be the death of any person, commits capital importation of
 2975  cocaine, a capital felony punishable as provided in ss. 775.082
 2976  and 921.142. Any person sentenced for a capital felony under
 2977  this paragraph shall also be sentenced to pay the maximum fine
 2978  provided under subparagraph 1.
 2979         (c)1. A person who knowingly sells, purchases,
 2980  manufactures, delivers, or brings into this state, or who is
 2981  knowingly in actual or constructive possession of, 4 grams or
 2982  more of any morphine, opium, hydromorphone, or any salt,
 2983  derivative, isomer, or salt of an isomer thereof, including
 2984  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
 2985  (3)(c)4., or 4 grams or more of any mixture containing any such
 2986  substance, but less than 30 kilograms of such substance or
 2987  mixture, commits a felony of the first degree, which felony
 2988  shall be known as “trafficking in illegal drugs,” punishable as
 2989  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 2990  quantity involved:
 2991         a. Is 4 grams or more, but less than 14 grams, such person
 2992  shall be sentenced to a mandatory minimum term of imprisonment
 2993  of 3 years and shall be ordered to pay a fine of $50,000.
 2994         b. Is 14 grams or more, but less than 28 grams, such person
 2995  shall be sentenced to a mandatory minimum term of imprisonment
 2996  of 15 years and shall be ordered to pay a fine of $100,000.
 2997         c. Is 28 grams or more, but less than 30 kilograms, such
 2998  person shall be sentenced to a mandatory minimum term of
 2999  imprisonment of 25 years and shall be ordered to pay a fine of
 3000  $500,000.
 3001         2. A person who knowingly sells, purchases, manufactures,
 3002  delivers, or brings into this state, or who is knowingly in
 3003  actual or constructive possession of, 14 grams or more of
 3004  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
 3005  described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
 3006  grams or more of any mixture containing any such substance,
 3007  commits a felony of the first degree, which felony shall be
 3008  known as “trafficking in hydrocodone,” punishable as provided in
 3009  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
 3010         a. Is 14 grams or more, but less than 28 grams, such person
 3011  shall be sentenced to a mandatory minimum term of imprisonment
 3012  of 3 years and shall be ordered to pay a fine of $50,000.
 3013         b. Is 28 grams or more, but less than 50 grams, such person
 3014  shall be sentenced to a mandatory minimum term of imprisonment
 3015  of 7 years and shall be ordered to pay a fine of $100,000.
 3016         c. Is 50 grams or more, but less than 200 grams, such
 3017  person shall be sentenced to a mandatory minimum term of
 3018  imprisonment of 15 years and shall be ordered to pay a fine of
 3019  $500,000.
 3020         d. Is 200 grams or more, but less than 30 kilograms, such
 3021  person shall be sentenced to a mandatory minimum term of
 3022  imprisonment of 25 years and shall be ordered to pay a fine of
 3023  $750,000.
 3024         3. A person who knowingly sells, purchases, manufactures,
 3025  delivers, or brings into this state, or who is knowingly in
 3026  actual or constructive possession of, 7 grams or more of
 3027  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
 3028  thereof, or 7 grams or more of any mixture containing any such
 3029  substance, commits a felony of the first degree, which felony
 3030  shall be known as “trafficking in oxycodone,” punishable as
 3031  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 3032  quantity involved:
 3033         a. Is 7 grams or more, but less than 14 grams, such person
 3034  shall be sentenced to a mandatory minimum term of imprisonment
 3035  of 3 years and shall be ordered to pay a fine of $50,000.
 3036         b. Is 14 grams or more, but less than 25 grams, such person
 3037  shall be sentenced to a mandatory minimum term of imprisonment
 3038  of 7 years and shall be ordered to pay a fine of $100,000.
 3039         c. Is 25 grams or more, but less than 100 grams, such
 3040  person shall be sentenced to a mandatory minimum term of
 3041  imprisonment of 15 years and shall be ordered to pay a fine of
 3042  $500,000.
 3043         d. Is 100 grams or more, but less than 30 kilograms, such
 3044  person shall be sentenced to a mandatory minimum term of
 3045  imprisonment of 25 years and shall be ordered to pay a fine of
 3046  $750,000.
 3047         4.a. A person who knowingly sells, purchases, manufactures,
 3048  delivers, or brings into this state, or who is knowingly in
 3049  actual or constructive possession of, 4 grams or more of:
 3050         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
 3051         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
 3052         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
 3053         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
 3054         (V) A fentanyl derivative, as described in s.
 3055  893.03(1)(a)62.;
 3056         (VI) A controlled substance analog, as described in s.
 3057  893.0356, of any substance described in sub-sub-subparagraphs
 3058  (I)-(V); or
 3059         (VII) A mixture containing any substance described in sub
 3060  sub-subparagraphs (I)-(VI),
 3061  
 3062  commits a felony of the first degree, which felony shall be
 3063  known as “trafficking in fentanyl,” punishable as provided in s.
 3064  775.082, s. 775.083, or s. 775.084.
 3065         b. If the quantity involved under sub-subparagraph a.:
 3066         (I) Is 4 grams or more, but less than 14 grams, such person
 3067  shall be sentenced to a mandatory minimum term of imprisonment
 3068  of 3 years, and shall be ordered to pay a fine of $50,000.
 3069         (II) Is 14 grams or more, but less than 28 grams, such
 3070  person shall be sentenced to a mandatory minimum term of
 3071  imprisonment of 15 years, and shall be ordered to pay a fine of
 3072  $100,000.
 3073         (III) Is 28 grams or more, such person shall be sentenced
 3074  to a mandatory minimum term of imprisonment of 25 years, and
 3075  shall be ordered to pay a fine of $500,000.
 3076         5. A person who knowingly sells, purchases, manufactures,
 3077  delivers, or brings into this state, or who is knowingly in
 3078  actual or constructive possession of, 30 kilograms or more of
 3079  any morphine, opium, oxycodone, hydrocodone, codeine,
 3080  hydromorphone, or any salt, derivative, isomer, or salt of an
 3081  isomer thereof, including heroin, as described in s.
 3082  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 3083  more of any mixture containing any such substance, commits the
 3084  first degree felony of trafficking in illegal drugs. A person
 3085  who has been convicted of the first degree felony of trafficking
 3086  in illegal drugs under this subparagraph shall be punished by
 3087  life imprisonment and is ineligible for any form of
 3088  discretionary early release except pardon or executive clemency
 3089  or conditional medical release under s. 947.149. However, if the
 3090  court determines that, in addition to committing any act
 3091  specified in this paragraph:
 3092         a. The person intentionally killed an individual or
 3093  counseled, commanded, induced, procured, or caused the
 3094  intentional killing of an individual and such killing was the
 3095  result; or
 3096         b. The person’s conduct in committing that act led to a
 3097  natural, though not inevitable, lethal result,
 3098  
 3099  such person commits the capital felony of trafficking in illegal
 3100  drugs, punishable as provided in ss. 775.082 and 921.142. A
 3101  person sentenced for a capital felony under this paragraph shall
 3102  also be sentenced to pay the maximum fine provided under
 3103  subparagraph 1.
 3104         6. A person who knowingly brings into this state 60
 3105  kilograms or more of any morphine, opium, oxycodone,
 3106  hydrocodone, codeine, hydromorphone, or any salt, derivative,
 3107  isomer, or salt of an isomer thereof, including heroin, as
 3108  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
 3109  60 kilograms or more of any mixture containing any such
 3110  substance, and who knows that the probable result of such
 3111  importation would be the death of a person, commits capital
 3112  importation of illegal drugs, a capital felony punishable as
 3113  provided in ss. 775.082 and 921.142. A person sentenced for a
 3114  capital felony under this paragraph shall also be sentenced to
 3115  pay the maximum fine provided under subparagraph 1.
 3116         (g)1. Any person who knowingly sells, purchases,
 3117  manufactures, delivers, or brings into this state, or who is
 3118  knowingly in actual or constructive possession of, 4 grams or
 3119  more of flunitrazepam or any mixture containing flunitrazepam as
 3120  described in s. 893.03(1)(a) commits a felony of the first
 3121  degree, which felony shall be known as “trafficking in
 3122  flunitrazepam,” punishable as provided in s. 775.082, s.
 3123  775.083, or s. 775.084. If the quantity involved:
 3124         a. Is 4 grams or more but less than 14 grams, such person
 3125  shall be sentenced to a mandatory minimum term of imprisonment
 3126  of 3 years, and the defendant shall be ordered to pay a fine of
 3127  $50,000.
 3128         b. Is 14 grams or more but less than 28 grams, such person
 3129  shall be sentenced to a mandatory minimum term of imprisonment
 3130  of 7 years, and the defendant shall be ordered to pay a fine of
 3131  $100,000.
 3132         c. Is 28 grams or more but less than 30 kilograms, such
 3133  person shall be sentenced to a mandatory minimum term of
 3134  imprisonment of 25 calendar years and pay a fine of $500,000.
 3135         2. Any person who knowingly sells, purchases, manufactures,
 3136  delivers, or brings into this state or who is knowingly in
 3137  actual or constructive possession of 30 kilograms or more of
 3138  flunitrazepam or any mixture containing flunitrazepam as
 3139  described in s. 893.03(1)(a) commits the first degree felony of
 3140  trafficking in flunitrazepam. A person who has been convicted of
 3141  the first degree felony of trafficking in flunitrazepam under
 3142  this subparagraph shall be punished by life imprisonment and is
 3143  ineligible for any form of discretionary early release except
 3144  pardon or executive clemency or conditional medical release
 3145  under s. 947.149. However, if the court determines that, in
 3146  addition to committing any act specified in this paragraph:
 3147         a. The person intentionally killed an individual or
 3148  counseled, commanded, induced, procured, or caused the
 3149  intentional killing of an individual and such killing was the
 3150  result; or
 3151         b. The person’s conduct in committing that act led to a
 3152  natural, though not inevitable, lethal result,
 3153  
 3154  such person commits the capital felony of trafficking in
 3155  flunitrazepam, punishable as provided in ss. 775.082 and
 3156  921.142. Any person sentenced for a capital felony under this
 3157  paragraph shall also be sentenced to pay the maximum fine
 3158  provided under subparagraph 1.
 3159         (3) Notwithstanding the provisions of s. 948.01, with
 3160  respect to any person who is found to have violated this
 3161  section, adjudication of guilt or imposition of sentence shall
 3162  not be suspended, deferred, or withheld, nor shall such person
 3163  be eligible for parole prior to serving the mandatory minimum
 3164  term of imprisonment prescribed by this section. A person
 3165  sentenced to a mandatory minimum term of imprisonment under this
 3166  section is not eligible for any form of discretionary early
 3167  release, except pardon or executive clemency or conditional
 3168  medical release under s. 947.149, prior to serving the mandatory
 3169  minimum term of imprisonment.
 3170         Section 60. For the purpose of incorporating the amendment
 3171  made by this act to section 947.149, Florida Statutes, in a
 3172  reference thereto, paragraph (b) of subsection (7) of section
 3173  944.605, Florida Statutes, is reenacted to read:
 3174         944.605 Inmate release; notification; identification card.—
 3175         (7)
 3176         (b) Paragraph (a) does not apply to inmates who:
 3177         1. The department determines have a valid driver license or
 3178  state identification card, except that the department shall
 3179  provide these inmates with a replacement state identification
 3180  card or replacement driver license, if necessary.
 3181         2. Have an active detainer, unless the department
 3182  determines that cancellation of the detainer is likely or that
 3183  the incarceration for which the detainer was issued will be less
 3184  than 12 months in duration.
 3185         3. Are released due to an emergency release or a
 3186  conditional medical release under s. 947.149.
 3187         4. Are not in the physical custody of the department at or
 3188  within 180 days before release.
 3189         5. Are subject to sex offender residency restrictions, and
 3190  who, upon release under such restrictions, do not have a
 3191  qualifying address.
 3192         Section 61. For the purpose of incorporating the amendment
 3193  made by this act to section 947.149, Florida Statutes, in a
 3194  reference thereto, paragraph (b) of subsection (1) of section
 3195  944.70, Florida Statutes, is reenacted to read:
 3196         944.70 Conditions for release from incarceration.—
 3197         (1)
 3198         (b) A person who is convicted of a crime committed on or
 3199  after January 1, 1994, may be released from incarceration only:
 3200         1. Upon expiration of the person’s sentence;
 3201         2. Upon expiration of the person’s sentence as reduced by
 3202  accumulated meritorious or incentive gain-time;
 3203         3. As directed by an executive order granting clemency;
 3204         4. Upon placement in a conditional release program pursuant
 3205  to s. 947.1405 or a conditional medical release program pursuant
 3206  to s. 947.149; or
 3207         5. Upon the granting of control release, including
 3208  emergency control release, pursuant to s. 947.146.
 3209         Section 62. For the purpose of incorporating the amendment
 3210  made by this act to section 947.149, Florida Statutes, in a
 3211  reference thereto, paragraph (h) of subsection (1) of section
 3212  947.13, Florida Statutes, is reenacted to read:
 3213         947.13 Powers and duties of commission.—
 3214         (1) The commission shall have the powers and perform the
 3215  duties of:
 3216         (h) Determining what persons will be released on
 3217  conditional medical release under s. 947.149, establishing the
 3218  conditions of conditional medical release, and determining
 3219  whether a person has violated the conditions of conditional
 3220  medical release and taking action with respect to such a
 3221  violation.
 3222         Section 63. For the purpose of incorporating the amendment
 3223  made by this act to section 947.149, Florida Statutes, in a
 3224  reference thereto, subsections (1), (2), and (7) of section
 3225  947.141, Florida Statutes, are reenacted to read:
 3226         947.141 Violations of conditional release, control release,
 3227  or conditional medical release or addiction-recovery
 3228  supervision.—
 3229         (1) If a member of the commission or a duly authorized
 3230  representative of the commission has reasonable grounds to
 3231  believe that an offender who is on release supervision under s.
 3232  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 3233  the terms and conditions of the release in a material respect,
 3234  such member or representative may cause a warrant to be issued
 3235  for the arrest of the releasee; if the offender was found to be
 3236  a sexual predator, the warrant must be issued.
 3237         (2) Upon the arrest on a felony charge of an offender who
 3238  is on release supervision under s. 947.1405, s. 947.146, s.
 3239  947.149, or s. 944.4731, the offender must be detained without
 3240  bond until the initial appearance of the offender at which a
 3241  judicial determination of probable cause is made. If the trial
 3242  court judge determines that there was no probable cause for the
 3243  arrest, the offender may be released. If the trial court judge
 3244  determines that there was probable cause for the arrest, such
 3245  determination also constitutes reasonable grounds to believe
 3246  that the offender violated the conditions of the release. Within
 3247  24 hours after the trial court judge’s finding of probable
 3248  cause, the detention facility administrator or designee shall
 3249  notify the commission and the department of the finding and
 3250  transmit to each a facsimile copy of the probable cause
 3251  affidavit or the sworn offense report upon which the trial court
 3252  judge’s probable cause determination is based. The offender must
 3253  continue to be detained without bond for a period not exceeding
 3254  72 hours excluding weekends and holidays after the date of the
 3255  probable cause determination, pending a decision by the
 3256  commission whether to issue a warrant charging the offender with
 3257  violation of the conditions of release. Upon the issuance of the
 3258  commission’s warrant, the offender must continue to be held in
 3259  custody pending a revocation hearing held in accordance with
 3260  this section.
 3261         (7) If a law enforcement officer has probable cause to
 3262  believe that an offender who is on release supervision under s.
 3263  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 3264  the terms and conditions of his or her release by committing a
 3265  felony offense, the officer shall arrest the offender without a
 3266  warrant, and a warrant need not be issued in the case.
 3267         Section 64. For the purpose of incorporating the amendment
 3268  made by this act to sections 812.014 and 893.135, Florida
 3269  Statutes, in references thereto, paragraph (c) of subsection (3)
 3270  of section 373.6055, Florida Statutes, is reenacted to read:
 3271         373.6055 Criminal history checks for certain water
 3272  management district employees and others.—
 3273         (3)
 3274         (c) In addition to other requirements for employment or
 3275  access established by any water management district pursuant to
 3276  its water management district’s security plan for buildings,
 3277  facilities, and structures, each water management district’s
 3278  security plan shall provide that:
 3279         1. Any person who has within the past 7 years been
 3280  convicted, regardless of whether adjudication was withheld, for
 3281  a forcible felony as defined in s. 776.08; an act of terrorism
 3282  as defined in s. 775.30; planting of a hoax bomb as provided in
 3283  s. 790.165; any violation involving the manufacture, possession,
 3284  sale, delivery, display, use, or attempted or threatened use of
 3285  a weapon of mass destruction or hoax weapon of mass destruction
 3286  as provided in s. 790.166; dealing in stolen property; any
 3287  violation of s. 893.135; any violation involving the sale,
 3288  manufacturing, delivery, or possession with intent to sell,
 3289  manufacture, or deliver a controlled substance; burglary;
 3290  robbery; any felony violation of s. 812.014; any violation of s.
 3291  790.07; any crime an element of which includes use or possession
 3292  of a firearm; any conviction for any similar offenses under the
 3293  laws of another jurisdiction; or conviction for conspiracy to
 3294  commit any of the listed offenses may not be qualified for
 3295  initial employment within or authorized regular access to
 3296  buildings, facilities, or structures defined in the water
 3297  management district’s security plan as restricted access areas.
 3298         2. Any person who has at any time been convicted of any of
 3299  the offenses listed in subparagraph 1. may not be qualified for
 3300  initial employment within or authorized regular access to
 3301  buildings, facilities, or structures defined in the water
 3302  management district’s security plan as restricted access areas
 3303  unless, after release from incarceration and any supervision
 3304  imposed as a sentence, the person remained free from a
 3305  subsequent conviction, regardless of whether adjudication was
 3306  withheld, for any of the listed offenses for a period of at
 3307  least 7 years prior to the employment or access date under
 3308  consideration.
 3309         Section 65. For the purpose of incorporating the amendment
 3310  made by this act to sections 893.135 and 947.149, Florida
 3311  Statutes, in references thereto, paragraphs (a) and (b) of
 3312  subsection (2) and paragraphs (a) and (b) of subsection (3) of
 3313  section 775.087, Florida Statutes, are reenacted to read:
 3314         775.087 Possession or use of weapon; aggravated battery;
 3315  felony reclassification; minimum sentence.—
 3316         (2)(a)1. Any person who is convicted of a felony or an
 3317  attempt to commit a felony, regardless of whether the use of a
 3318  weapon is an element of the felony, and the conviction was for:
 3319         a. Murder;
 3320         b. Sexual battery;
 3321         c. Robbery;
 3322         d. Burglary;
 3323         e. Arson;
 3324         f. Aggravated battery;
 3325         g. Kidnapping;
 3326         h. Escape;
 3327         i. Aircraft piracy;
 3328         j. Aggravated child abuse;
 3329         k. Aggravated abuse of an elderly person or disabled adult;
 3330         l. Unlawful throwing, placing, or discharging of a
 3331  destructive device or bomb;
 3332         m. Carjacking;
 3333         n. Home-invasion robbery;
 3334         o. Aggravated stalking;
 3335         p. Trafficking in cannabis, trafficking in cocaine, capital
 3336  importation of cocaine, trafficking in illegal drugs, capital
 3337  importation of illegal drugs, trafficking in phencyclidine,
 3338  capital importation of phencyclidine, trafficking in
 3339  methaqualone, capital importation of methaqualone, trafficking
 3340  in amphetamine, capital importation of amphetamine, trafficking
 3341  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
 3342  (GHB), trafficking in 1,4-Butanediol, trafficking in
 3343  Phenethylamines, or other violation of s. 893.135(1); or
 3344         q. Possession of a firearm by a felon
 3345  
 3346  and during the commission of the offense, such person actually
 3347  possessed a “firearm” or “destructive device” as those terms are
 3348  defined in s. 790.001, shall be sentenced to a minimum term of
 3349  imprisonment of 10 years, except that a person who is convicted
 3350  for possession of a firearm by a felon or burglary of a
 3351  conveyance shall be sentenced to a minimum term of imprisonment
 3352  of 3 years if such person possessed a “firearm” or “destructive
 3353  device” during the commission of the offense. However, if an
 3354  offender who is convicted of the offense of possession of a
 3355  firearm by a felon has a previous conviction of committing or
 3356  attempting to commit a felony listed in s. 775.084(1)(b)1. and
 3357  actually possessed a firearm or destructive device during the
 3358  commission of the prior felony, the offender shall be sentenced
 3359  to a minimum term of imprisonment of 10 years.
 3360         2. Any person who is convicted of a felony or an attempt to
 3361  commit a felony listed in sub-subparagraphs (a)1.a.-p.,
 3362  regardless of whether the use of a weapon is an element of the
 3363  felony, and during the course of the commission of the felony
 3364  such person discharged a “firearm” or “destructive device” as
 3365  defined in s. 790.001 shall be sentenced to a minimum term of
 3366  imprisonment of 20 years.
 3367         3. Any person who is convicted of a felony or an attempt to
 3368  commit a felony listed in sub-subparagraphs (a)1.a.-p.,
 3369  regardless of whether the use of a weapon is an element of the
 3370  felony, and during the course of the commission of the felony
 3371  such person discharged a “firearm” or “destructive device” as
 3372  defined in s. 790.001 and, as the result of the discharge, death
 3373  or great bodily harm was inflicted upon any person, the
 3374  convicted person shall be sentenced to a minimum term of
 3375  imprisonment of not less than 25 years and not more than a term
 3376  of imprisonment of life in prison.
 3377         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
 3378  (a)3. does not prevent a court from imposing a longer sentence
 3379  of incarceration as authorized by law in addition to the minimum
 3380  mandatory sentence, or from imposing a sentence of death
 3381  pursuant to other applicable law. Subparagraph (a)1.,
 3382  subparagraph (a)2., or subparagraph (a)3. does not authorize a
 3383  court to impose a lesser sentence than otherwise required by
 3384  law.
 3385  
 3386  Notwithstanding s. 948.01, adjudication of guilt or imposition
 3387  of sentence shall not be suspended, deferred, or withheld, and
 3388  the defendant is not eligible for statutory gain-time under s.
 3389  944.275 or any form of discretionary early release, other than
 3390  pardon or executive clemency, or conditional medical release
 3391  under s. 947.149, prior to serving the minimum sentence.
 3392         (3)(a)1. Any person who is convicted of a felony or an
 3393  attempt to commit a felony, regardless of whether the use of a
 3394  firearm is an element of the felony, and the conviction was for:
 3395         a. Murder;
 3396         b. Sexual battery;
 3397         c. Robbery;
 3398         d. Burglary;
 3399         e. Arson;
 3400         f. Aggravated battery;
 3401         g. Kidnapping;
 3402         h. Escape;
 3403         i. Sale, manufacture, delivery, or intent to sell,
 3404  manufacture, or deliver any controlled substance;
 3405         j. Aircraft piracy;
 3406         k. Aggravated child abuse;
 3407         l. Aggravated abuse of an elderly person or disabled adult;
 3408         m. Unlawful throwing, placing, or discharging of a
 3409  destructive device or bomb;
 3410         n. Carjacking;
 3411         o. Home-invasion robbery;
 3412         p. Aggravated stalking; or
 3413         q. Trafficking in cannabis, trafficking in cocaine, capital
 3414  importation of cocaine, trafficking in illegal drugs, capital
 3415  importation of illegal drugs, trafficking in phencyclidine,
 3416  capital importation of phencyclidine, trafficking in
 3417  methaqualone, capital importation of methaqualone, trafficking
 3418  in amphetamine, capital importation of amphetamine, trafficking
 3419  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
 3420  (GHB), trafficking in 1,4-Butanediol, trafficking in
 3421  Phenethylamines, or other violation of s. 893.135(1);
 3422  
 3423  and during the commission of the offense, such person possessed
 3424  a semiautomatic firearm and its high-capacity detachable box
 3425  magazine or a machine gun as defined in s. 790.001, shall be
 3426  sentenced to a minimum term of imprisonment of 15 years.
 3427         2. Any person who is convicted of a felony or an attempt to
 3428  commit a felony listed in subparagraph (a)1., regardless of
 3429  whether the use of a weapon is an element of the felony, and
 3430  during the course of the commission of the felony such person
 3431  discharged a semiautomatic firearm and its high-capacity box
 3432  magazine or a “machine gun” as defined in s. 790.001 shall be
 3433  sentenced to a minimum term of imprisonment of 20 years.
 3434         3. Any person who is convicted of a felony or an attempt to
 3435  commit a felony listed in subparagraph (a)1., regardless of
 3436  whether the use of a weapon is an element of the felony, and
 3437  during the course of the commission of the felony such person
 3438  discharged a semiautomatic firearm and its high-capacity box
 3439  magazine or a “machine gun” as defined in s. 790.001 and, as the
 3440  result of the discharge, death or great bodily harm was
 3441  inflicted upon any person, the convicted person shall be
 3442  sentenced to a minimum term of imprisonment of not less than 25
 3443  years and not more than a term of imprisonment of life in
 3444  prison.
 3445         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
 3446  (a)3. does not prevent a court from imposing a longer sentence
 3447  of incarceration as authorized by law in addition to the minimum
 3448  mandatory sentence, or from imposing a sentence of death
 3449  pursuant to other applicable law. Subparagraph (a)1.,
 3450  subparagraph (a)2., or subparagraph (a)3. does not authorize a
 3451  court to impose a lesser sentence than otherwise required by
 3452  law.
 3453  
 3454  Notwithstanding s. 948.01, adjudication of guilt or imposition
 3455  of sentence shall not be suspended, deferred, or withheld, and
 3456  the defendant is not eligible for statutory gain-time under s.
 3457  944.275 or any form of discretionary early release, other than
 3458  pardon or executive clemency, or conditional medical release
 3459  under s. 947.149, prior to serving the minimum sentence.
 3460         Section 66. For the purpose of incorporating the amendment
 3461  made by this act to sections 893.135 and 947.149, Florida
 3462  Statutes, in references thereto, paragraph (b) of subsection (1)
 3463  and subsection (2) of section 921.0024, Florida Statutes, are
 3464  reenacted to read:
 3465         921.0024 Criminal Punishment Code; worksheet computations;
 3466  scoresheets.—
 3467         (1)
 3468         (b) WORKSHEET KEY:
 3469  
 3470  Legal status points are assessed when any form of legal status
 3471  existed at the time the offender committed an offense before the
 3472  court for sentencing. Four (4) sentence points are assessed for
 3473  an offender’s legal status.
 3474  
 3475  Community sanction violation points are assessed when a
 3476  community sanction violation is before the court for sentencing.
 3477  Six (6) sentence points are assessed for each community sanction
 3478  violation and each successive community sanction violation,
 3479  unless any of the following apply:
 3480         1. If the community sanction violation includes a new
 3481  felony conviction before the sentencing court, twelve (12)
 3482  community sanction violation points are assessed for the
 3483  violation, and for each successive community sanction violation
 3484  involving a new felony conviction.
 3485         2. If the community sanction violation is committed by a
 3486  violent felony offender of special concern as defined in s.
 3487  948.06:
 3488         a. Twelve (12) community sanction violation points are
 3489  assessed for the violation and for each successive violation of
 3490  felony probation or community control where:
 3491         I. The violation does not include a new felony conviction;
 3492  and
 3493         II. The community sanction violation is not based solely on
 3494  the probationer or offender’s failure to pay costs or fines or
 3495  make restitution payments.
 3496         b. Twenty-four (24) community sanction violation points are
 3497  assessed for the violation and for each successive violation of
 3498  felony probation or community control where the violation
 3499  includes a new felony conviction.
 3500  
 3501  Multiple counts of community sanction violations before the
 3502  sentencing court shall not be a basis for multiplying the
 3503  assessment of community sanction violation points.
 3504  
 3505  Prior serious felony points: If the offender has a primary
 3506  offense or any additional offense ranked in level 8, level 9, or
 3507  level 10, and one or more prior serious felonies, a single
 3508  assessment of thirty (30) points shall be added. For purposes of
 3509  this section, a prior serious felony is an offense in the
 3510  offender’s prior record that is ranked in level 8, level 9, or
 3511  level 10 under s. 921.0022 or s. 921.0023 and for which the
 3512  offender is serving a sentence of confinement, supervision, or
 3513  other sanction or for which the offender’s date of release from
 3514  confinement, supervision, or other sanction, whichever is later,
 3515  is within 3 years before the date the primary offense or any
 3516  additional offense was committed.
 3517  
 3518  Prior capital felony points: If the offender has one or more
 3519  prior capital felonies in the offender’s criminal record, points
 3520  shall be added to the subtotal sentence points of the offender
 3521  equal to twice the number of points the offender receives for
 3522  the primary offense and any additional offense. A prior capital
 3523  felony in the offender’s criminal record is a previous capital
 3524  felony offense for which the offender has entered a plea of nolo
 3525  contendere or guilty or has been found guilty; or a felony in
 3526  another jurisdiction which is a capital felony in that
 3527  jurisdiction, or would be a capital felony if the offense were
 3528  committed in this state.
 3529  
 3530  Possession of a firearm, semiautomatic firearm, or machine gun:
 3531  If the offender is convicted of committing or attempting to
 3532  commit any felony other than those enumerated in s. 775.087(2)
 3533  while having in his or her possession: a firearm as defined in
 3534  s. 790.001(6), an additional eighteen (18) sentence points are
 3535  assessed; or if the offender is convicted of committing or
 3536  attempting to commit any felony other than those enumerated in
 3537  s. 775.087(3) while having in his or her possession a
 3538  semiautomatic firearm as defined in s. 775.087(3) or a machine
 3539  gun as defined in s. 790.001(9), an additional twenty-five (25)
 3540  sentence points are assessed.
 3541  
 3542  Sentencing multipliers:
 3543  
 3544  Drug trafficking: If the primary offense is drug trafficking
 3545  under s. 893.135, the subtotal sentence points are multiplied,
 3546  at the discretion of the court, for a level 7 or level 8
 3547  offense, by 1.5. The state attorney may move the sentencing
 3548  court to reduce or suspend the sentence of a person convicted of
 3549  a level 7 or level 8 offense, if the offender provides
 3550  substantial assistance as described in s. 893.135(4).
 3551  
 3552  Law enforcement protection: If the primary offense is a
 3553  violation of the Law Enforcement Protection Act under s.
 3554  775.0823(2), (3), or (4), the subtotal sentence points are
 3555  multiplied by 2.5. If the primary offense is a violation of s.
 3556  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
 3557  are multiplied by 2.0. If the primary offense is a violation of
 3558  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
 3559  Protection Act under s. 775.0823(10) or (11), the subtotal
 3560  sentence points are multiplied by 1.5.
 3561  
 3562  Grand theft of a motor vehicle: If the primary offense is grand
 3563  theft of the third degree involving a motor vehicle and in the
 3564  offender’s prior record, there are three or more grand thefts of
 3565  the third degree involving a motor vehicle, the subtotal
 3566  sentence points are multiplied by 1.5.
 3567  
 3568  Offense related to a criminal gang: If the offender is convicted
 3569  of the primary offense and committed that offense for the
 3570  purpose of benefiting, promoting, or furthering the interests of
 3571  a criminal gang as defined in s. 874.03, the subtotal sentence
 3572  points are multiplied by 1.5. If applying the multiplier results
 3573  in the lowest permissible sentence exceeding the statutory
 3574  maximum sentence for the primary offense under chapter 775, the
 3575  court may not apply the multiplier and must sentence the
 3576  defendant to the statutory maximum sentence.
 3577  
 3578  Domestic violence in the presence of a child: If the offender is
 3579  convicted of the primary offense and the primary offense is a
 3580  crime of domestic violence, as defined in s. 741.28, which was
 3581  committed in the presence of a child under 16 years of age who
 3582  is a family or household member as defined in s. 741.28(3) with
 3583  the victim or perpetrator, the subtotal sentence points are
 3584  multiplied by 1.5.
 3585  
 3586  Adult-on-minor sex offense: If the offender was 18 years of age
 3587  or older and the victim was younger than 18 years of age at the
 3588  time the offender committed the primary offense, and if the
 3589  primary offense was an offense committed on or after October 1,
 3590  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
 3591  violation involved a victim who was a minor and, in the course
 3592  of committing that violation, the defendant committed a sexual
 3593  battery under chapter 794 or a lewd act under s. 800.04 or s.
 3594  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
 3595  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
 3596  800.04; or s. 847.0135(5), the subtotal sentence points are
 3597  multiplied by 2.0. If applying the multiplier results in the
 3598  lowest permissible sentence exceeding the statutory maximum
 3599  sentence for the primary offense under chapter 775, the court
 3600  may not apply the multiplier and must sentence the defendant to
 3601  the statutory maximum sentence.
 3602         (2) The lowest permissible sentence is the minimum sentence
 3603  that may be imposed by the trial court, absent a valid reason
 3604  for departure. The lowest permissible sentence is any nonstate
 3605  prison sanction in which the total sentence points equals or is
 3606  less than 44 points, unless the court determines within its
 3607  discretion that a prison sentence, which may be up to the
 3608  statutory maximums for the offenses committed, is appropriate.
 3609  When the total sentence points exceeds 44 points, the lowest
 3610  permissible sentence in prison months shall be calculated by
 3611  subtracting 28 points from the total sentence points and
 3612  decreasing the remaining total by 25 percent. The total sentence
 3613  points shall be calculated only as a means of determining the
 3614  lowest permissible sentence. The permissible range for
 3615  sentencing shall be the lowest permissible sentence up to and
 3616  including the statutory maximum, as defined in s. 775.082, for
 3617  the primary offense and any additional offenses before the court
 3618  for sentencing. The sentencing court may impose such sentences
 3619  concurrently or consecutively. However, any sentence to state
 3620  prison must exceed 1 year. If the lowest permissible sentence
 3621  under the code exceeds the statutory maximum sentence as
 3622  provided in s. 775.082, the sentence required by the code must
 3623  be imposed. If the total sentence points are greater than or
 3624  equal to 363, the court may sentence the offender to life
 3625  imprisonment. An offender sentenced to life imprisonment under
 3626  this section is not eligible for any form of discretionary early
 3627  release, except executive clemency or conditional medical
 3628  release under s. 947.149.
 3629         Section 67. Except as otherwise expressly provided in this
 3630  act and except for this section, which shall take effect July 1,
 3631  2019, this act shall take effect October 1, 2019.
 3632  

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