ENROLLED
       2014 Legislature      CS for CS for CS for SB 526, 1st Engrossed
       
       
       
       
       
       
                                                              2014526er
    1  
    2         An act relating to sexual offenses; amending s. 92.55,
    3         F.S.; authorizing orders limiting testimony in open
    4         court and in depositions if the victim or witness was
    5         a child under 16 years of age when a specified sexual
    6         offense occurred; authorizing the court to set other
    7         conditions appropriate to taking the testimony of this
    8         victim or witness; amending s. 775.15, F.S.;
    9         eliminating time limitations to the prosecution of
   10         specified criminal offenses relating to lewd or
   11         lascivious battery or molestation if the victim was
   12         younger than 16 years of age at the time of the
   13         offense; specifying an exception; providing
   14         applicability; amending s. 794.011, F.S.; revising and
   15         creating offenses involving sexual battery; increasing
   16         felony degree of certain sexual battery offenses;
   17         amending s. 794.0115, F.S.; imposing a 50-year minimum
   18         mandatory sentence for dangerous sexual felony
   19         offenders; amending s. 794.05, F.S.; revising
   20         definition of the term “sexual activity;” amending s.
   21         800.04, F.S.; revising and creating offenses involving
   22         lewd or lascivious battery and molestation; increasing
   23         felony degree of certain lewd or lascivious battery
   24         and molestation offenses; amending s. 810.14, F.S.;
   25         providing that voyeurism includes secretly observing
   26         another person’s intimate areas in which the person
   27         has a reasonable expectation of privacy, when the
   28         other person is located in a public or private
   29         dwelling, structure, or conveyance; defining the term
   30         “intimate area”; amending s. 921.0022, F.S.; assigning
   31         offense severity rankings for new lewd or lascivious
   32         battery and molestation offenses and sexual battery
   33         offenses; amending s. 921.0024, F.S.; providing that
   34         sentence points are multiplied for specified sex
   35         offenses committed by an adult upon a minor under
   36         certain circumstances; amending ss. 943.0435 and
   37         944.607, F.S.; conforming provisions to changes made
   38         by the act; amending s. 944.275, F.S.; prohibiting
   39         award of gain-time for certain offenses; amending s.
   40         947.1405, F.S.; providing for tolling of conditional
   41         release supervision; providing applicability; amending
   42         ss. 947.1405 and 948.30, F.S.; prohibiting certain
   43         conditional releasees, probationers, or community
   44         controllees from viewing, accessing, owning, or
   45         possessing any obscene, pornographic, or sexually
   46         stimulating material; providing exceptions; amending
   47         s. 948.012, F.S.; requiring split sentence for certain
   48         sexual offenses; providing for tolling of probation or
   49         community control; amending s. 948.31, F.S.;
   50         authorizing the court to require a sexual offender or
   51         sexual predator who is on probation or community
   52         control to undergo an evaluation to determine whether
   53         the offender or predator needs sexual offender
   54         treatment; requiring the probationer or community
   55         controllee to pay for the treatment; removing a
   56         provision prohibiting contact with minors if sexual
   57         offender treatment is recommended; providing
   58         applicability; providing severability; providing an
   59         effective date.
   60          
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Section 92.55, Florida Statutes, is amended to
   64  read:
   65         92.55 Judicial or other proceedings involving victim or
   66  witness under the age of 16, a or person who has an intellectual
   67  disability, or a sexual offense victim or witness; special
   68  protections; use of registered service or therapy animals.—
   69         (1) For purposes of this section, the term:
   70         (a) “Sexual offense victim or witness” means a person who
   71  was under the age of 16 when he or she was the victim of or a
   72  witness to a sexual offense.
   73         (b) “Sexual offense” means any offense specified in s.
   74  775.21(4)(a)1. or s. 943.0435(1)(a)1.a.(I).
   75         (2)(1) Upon motion of any party, upon motion of a parent,
   76  guardian, attorney, or guardian ad litem for a victim or witness
   77  under the age of 16, a or person who has an intellectual
   78  disability, or a sexual offense victim or witness, or upon its
   79  own motion, the court may enter any order necessary to protect
   80  the such victim or witness in any judicial proceeding or other
   81  official proceeding from severe emotional or mental harm due to
   82  the presence of the defendant if the victim or witness is
   83  required to testify in open court. Such orders must relate to
   84  the taking of testimony and include, but are not limited to:
   85         (a) Interviewing or the taking of depositions as part of a
   86  civil or criminal proceeding.
   87         (b) Examination and cross-examination for the purpose of
   88  qualifying as a witness or testifying in any proceeding.
   89         (c) The use of testimony taken outside of the courtroom,
   90  including proceedings under ss. 92.53 and 92.54.
   91         (3)(2) In ruling upon the motion, the court shall consider:
   92         (a) The age of the child, the nature of the offense or act,
   93  the relationship of the child to the parties in the case or to
   94  the defendant in a criminal action, the degree of emotional
   95  trauma that will result to the child as a consequence of the
   96  defendant’s presence, and any other fact that the court deems
   97  relevant; or
   98         (b) The age of the person who has an intellectual
   99  disability, the functional capacity of such person, the nature
  100  of the offenses or act, the relationship of the person to the
  101  parties in the case or to the defendant in a criminal action,
  102  the degree of emotional trauma that will result to the person as
  103  a consequence of the defendant’s presence, and any other fact
  104  that the court deems relevant; or
  105         (c) The age of the sexual offense victim or witness when
  106  the sexual offense occurred, the relationship of the sexual
  107  offense victim or witness to the parties in the case or to the
  108  defendant in a criminal action, the degree of emotional trauma
  109  that will result to the sexual offense victim or witness as a
  110  consequence of the defendant’s presence, and any other fact that
  111  the court deems relevant.
  112         (4)(3) In addition to such other relief provided by law,
  113  the court may enter orders limiting the number of times that a
  114  child, or a person who has an intellectual disability, or a
  115  sexual offense victim or witness may be interviewed, prohibiting
  116  depositions of the victim or witness such child or person,
  117  requiring the submission of questions before the examination of
  118  the victim or witness child or person, setting the place and
  119  conditions for interviewing the victim or witness child or
  120  person or for conducting any other proceeding, or permitting or
  121  prohibiting the attendance of any person at any proceeding. The
  122  court shall enter any order necessary to protect the rights of
  123  all parties, including the defendant in any criminal action.
  124         (5)(4) The court may set any other conditions it finds just
  125  and appropriate when taking the testimony of a child victim or
  126  witness or a sexual offense victim or witness, including the use
  127  of a service or therapy animal that has been evaluated and
  128  registered according to national standards, in any proceeding
  129  involving a sexual offense. When deciding whether to permit a
  130  child victim or witness or sexual offense victim or witness to
  131  testify with the assistance of a registered service or therapy
  132  animal, the court shall consider the age of the child victim or
  133  witness, the age of the sexual offense victim or witness at the
  134  time the sexual offense occurred, the interests of the child
  135  victim or witness or sexual offense victim or witness, the
  136  rights of the parties to the litigation, and any other relevant
  137  factor that would facilitate the testimony by the child victim
  138  or witness or sexual offense victim or witness.
  139         Section 2. Subsection (18) is added to section 775.15,
  140  Florida Statutes, to read:
  141         775.15 Time limitations; general time limitations;
  142  exceptions.—
  143         (18) If the offense is a violation of s. 800.04(4) or (5)
  144  and the victim was under 16 years of age at the time the offense
  145  was committed, a prosecution of the offense may be commenced at
  146  any time, unless, at the time of the offense, the offender is
  147  less than 18 years of age and is no more than 4 years older than
  148  the victim. This subsection applies to an offense that is not
  149  otherwise barred from prosecution on or before October 1, 2014.
  150         Section 3. Subsections (4), (5), and (6), paragraph (b) of
  151  subsection (8), and subsections (9) and (10) of section 794.011,
  152  Florida Statutes, are amended to read:
  153         794.011 Sexual battery.—
  154         (4)(a) A person 18 years of age or older who commits sexual
  155  battery upon a person 12 years of age or older but younger than
  156  18 years of age without that person’s consent, under any of the
  157  following circumstances listed in paragraph (e), commits a
  158  felony of the first degree, punishable by a term of years not
  159  exceeding life or as provided in s. 775.082, s. 775.083, s.
  160  775.084, or s. 794.0115.:
  161         (b) A person 18 years of age or older who commits sexual
  162  battery upon a person 18 years of age or older without that
  163  person’s consent, under any of the circumstances listed in
  164  paragraph (e), commits a felony of the first degree, punishable
  165  as provided in s. 775.082, s. 775.083, s. 775.084, or s.
  166  794.0115.
  167         (c) A person younger than 18 years of age who commits
  168  sexual battery upon a person 12 years of age or older without
  169  that person’s consent, under any of the circumstances listed in
  170  paragraph (e), commits a felony of the first degree, punishable
  171  as provided in s. 775.082, s. 775.083, s. 775.084, or s.
  172  794.0115.
  173         (d) A person commits a felony of the first degree,
  174  punishable by a term of years not exceeding life or as provided
  175  in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the
  176  person commits sexual battery upon a person 12 years of age or
  177  older without that person’s consent, under any of the
  178  circumstances listed in paragraph (e), and such person was
  179  previously convicted of a violation of:
  180         1. Section 787.01(2) or s. 787.02(2) when the violation
  181  involved a victim who was a minor and, in the course of
  182  committing that violation, the defendant committed against the
  183  minor a sexual battery under this chapter or a lewd act under s.
  184  800.04 or s. 847.0135(5);
  185         2. Section 787.01(3)(a)2. or 3.;
  186         3. Section 787.02(3)(a)2. or 3.;
  187         4. Section 800.04;
  188         5. Section 825.1025;
  189         6. Section 847.0135(5); or
  190         7. This chapter, excluding subsection (10) of this section.
  191         (e)The following circumstances apply to paragraphs (a)
  192  (d):
  193         1.(a)When The victim is physically helpless to resist.
  194         2.(b)When The offender coerces the victim to submit by
  195  threatening to use force or violence likely to cause serious
  196  personal injury on the victim, and the victim reasonably
  197  believes that the offender has the present ability to execute
  198  the threat.
  199         3.(c)When The offender coerces the victim to submit by
  200  threatening to retaliate against the victim, or any other
  201  person, and the victim reasonably believes that the offender has
  202  the ability to execute the threat in the future.
  203         4.(d)When The offender, without the prior knowledge or
  204  consent of the victim, administers or has knowledge of someone
  205  else administering to the victim any narcotic, anesthetic, or
  206  other intoxicating substance that which mentally or physically
  207  incapacitates the victim.
  208         5.(e)When The victim is mentally defective, and the
  209  offender has reason to believe this or has actual knowledge of
  210  this fact.
  211         6.(f)When The victim is physically incapacitated.
  212         7.(g)When The offender is a law enforcement officer,
  213  correctional officer, or correctional probation officer as
  214  defined in by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who
  215  is certified under the provisions of s. 943.1395 or is an
  216  elected official exempt from such certification by virtue of s.
  217  943.253, or any other person in a position of control or
  218  authority in a probation, community control, controlled release,
  219  detention, custodial, or similar setting, and such officer,
  220  official, or person is acting in such a manner as to lead the
  221  victim to reasonably believe that the offender is in a position
  222  of control or authority as an agent or employee of government.
  223         (5)(a) A person 18 years of age or older who commits sexual
  224  battery upon a person 12 years of age or older but younger than
  225  18 years of age, without that person’s consent, and in the
  226  process thereof does not use physical force and violence likely
  227  to cause serious personal injury commits a felony of the first
  228  second degree, punishable as provided in s. 775.082, s. 775.083,
  229  s. 775.084, or s. 794.0115.
  230         (b) A person 18 years of age or older who commits sexual
  231  battery upon a person 18 years of age or older, without that
  232  person’s consent, and in the process does not use physical force
  233  and violence likely to cause serious personal injury commits a
  234  felony of the second degree, punishable as provided in s.
  235  775.082, s. 775.083, s. 775.084, or s. 794.0115.
  236         (c) A person younger than 18 years of age who commits
  237  sexual battery upon a person 12 years of age or older, without
  238  that person’s consent, and in the process does not use physical
  239  force and violence likely to cause serious personal injury
  240  commits a felony of the second degree, punishable as provided in
  241  s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
  242         (d) A person commits a felony of the first degree,
  243  punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
  244  s. 794.0115 if the person commits sexual battery upon a person
  245  12 years of age or older, without that person’s consent, and in
  246  the process does not use physical force and violence likely to
  247  cause serious personal injury and the person was previously
  248  convicted of a violation of:
  249         1. Section 787.01(2) or s. 787.02(2) when the violation
  250  involved a victim who was a minor and, in the course of
  251  committing that violation, the defendant committed against the
  252  minor a sexual battery under this chapter or a lewd act under s.
  253  800.04 or s. 847.0135(5);
  254         2. Section 787.01(3)(a)2. or 3.;
  255         3. Section 787.02(3)(a)2. or 3.;
  256         4. Section 800.04;
  257         5. Section 825.1025;
  258         6. Section 847.0135(5); or
  259         7. This chapter, excluding subsection (10) of this section.
  260         (6)(a) The offenses offense described in paragraphs (5)(a)
  261  (c) are subsection (5)is included in any sexual battery offense
  262  charged under subsection (3) or subsection (4).
  263         (b) The offense described in paragraph (5)(a) is included
  264  in an offense charged under paragraph (4)(a).
  265         (c) The offense described in paragraph (5)(b) is included
  266  in an offense charged under paragraph (4)(b).
  267         (d) The offense described in paragraph (5)(c) is included
  268  in an offense charged under paragraph (4)(c).
  269         (e) The offense described in paragraph (5)(d) is included
  270  in an offense charged under paragraph (4)(d).
  271         (8) Without regard to the willingness or consent of the
  272  victim, which is not a defense to prosecution under this
  273  subsection, a person who is in a position of familial or
  274  custodial authority to a person less than 18 years of age and
  275  who:
  276         (b) Engages in any act with that person while the person is
  277  12 years of age or older but younger less than 18 years of age
  278  which constitutes sexual battery under paragraph (1)(h) commits
  279  a felony of the first degree, punishable by a term of years not
  280  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  281  775.084.
  282         (9) For prosecution under paragraph (4)(a), paragraph
  283  (4)(b), paragraph (4)(c), or paragraph (4)(d) which involves an
  284  offense committed under any of the circumstances listed in
  285  subparagraph (4)(e)7. paragraph (4)(g), acquiescence to a person
  286  reasonably believed by the victim to be in a position of
  287  authority or control does not constitute consent, and it is not
  288  a defense that the perpetrator was not actually in a position of
  289  control or authority if the circumstances were such as to lead
  290  the victim to reasonably believe that the person was in such a
  291  position.
  292         (10) A Any person who falsely accuses a any person listed
  293  in subparagraph (4)(e)7. paragraph (4)(g) or other person in a
  294  position of control or authority as an agent or employee of
  295  government of violating paragraph (4)(a), paragraph (4)(b),
  296  paragraph (4)(c), or paragraph (4)(d) commits (4)(g) is guilty
  297  of a felony of the third degree, punishable as provided in s.
  298  775.082, s. 775.083, or s. 775.084.
  299         Section 4. Subsection (2) of section 794.0115, Florida
  300  Statutes, is amended to read:
  301         794.0115 Dangerous sexual felony offender; mandatory
  302  sentencing.—
  303         (2) Any person who is convicted of a violation of s.
  304  787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.
  305  800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or
  306  (4); or s. 847.0145; or of any similar offense under a former
  307  designation, which offense the person committed when he or she
  308  was 18 years of age or older, and the person:
  309         (a) Caused serious personal injury to the victim as a
  310  result of the commission of the offense;
  311         (b) Used or threatened to use a deadly weapon during the
  312  commission of the offense;
  313         (c) Victimized more than one person during the course of
  314  the criminal episode applicable to the offense;
  315         (d) Committed the offense while under the jurisdiction of a
  316  court for a felony offense under the laws of this state, for an
  317  offense that is a felony in another jurisdiction, or for an
  318  offense that would be a felony if that offense were committed in
  319  this state; or
  320         (e) Has previously been convicted of a violation of s.
  321  787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.
  322  800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or
  323  (4); s. 847.0145; of any offense under a former statutory
  324  designation which is similar in elements to an offense described
  325  in this paragraph; or of any offense that is a felony in another
  326  jurisdiction, or would be a felony if that offense were
  327  committed in this state, and which is similar in elements to an
  328  offense described in this paragraph,
  329  
  330  is a dangerous sexual felony offender, who must be sentenced to
  331  a mandatory minimum term of 25 years imprisonment up to, and
  332  including, life imprisonment. If the offense described in this
  333  subsection was committed on or after October 1, 2014, a person
  334  who qualifies as a dangerous sexual felony offender pursuant to
  335  this subsection must be sentenced to a mandatory minimum term of
  336  50 years imprisonment up to, and including, life imprisonment.
  337         Section 5. Subsection (1) of section 794.05, Florida
  338  Statutes, is amended to read:
  339         794.05 Unlawful sexual activity with certain minors.—
  340         (1) A person 24 years of age or older who engages in sexual
  341  activity with a person 16 or 17 years of age commits a felony of
  342  the second degree, punishable as provided in s. 775.082, s.
  343  775.083, or s. 775.084. As used in this section, “sexual
  344  activity” means oral, anal, or vaginal penetration by, or union
  345  with, the sexual organ of another or the anal or vaginal
  346  penetration of another by any other object; however, sexual
  347  activity does not include an act done for a bona fide medical
  348  purpose.
  349         Section 6. Subsections (4) and (5) of section 800.04,
  350  Florida Statutes, are amended to read:
  351         800.04 Lewd or lascivious offenses committed upon or in the
  352  presence of persons less than 16 years of age.—
  353         (4) LEWD OR LASCIVIOUS BATTERY.—A person who:
  354         (a)A person commits lewd or lascivious battery by:
  355         1. Engaging in sexual activity with a person 12 years of
  356  age or older but less than 16 years of age; or
  357         2.Encouraging, forcing, or enticing any person less than
  358  16 years of age to engage in sadomasochistic abuse, sexual
  359  bestiality, prostitution, or any other act involving sexual
  360  activity.
  361         (b) Except as provided in paragraph (c), an offender who
  362  commits lewd or lascivious battery commits a felony of the
  363  second degree, punishable as provided in s. 775.082, s. 775.083,
  364  or s. 775.084.
  365         (c) A person commits a felony of the first degree,
  366  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
  367  if the person is an offender 18 years of age or older who
  368  commits lewd or lascivious battery and was previously convicted
  369  of a violation of:
  370         1. Section 787.01(2) or s. 787.02(2) when the violation
  371  involved a victim who was a minor and, in the course of
  372  committing that violation, the defendant committed against the
  373  minor a sexual battery under chapter 794 or a lewd act under
  374  this section or s. 847.0135(5);
  375         2. Section 787.01(3)(a)2. or 3.;
  376         3. Section 787.02(3)(a)2. or 3.;
  377         4. Chapter 794, excluding s. 794.011(10);
  378         5. Section 825.1025;
  379         6. Section 847.0135(5); or
  380         7. This section.
  381         (a) Engages in sexual activity with a person 12 years of
  382  age or older but less than 16 years of age; or
  383         (b) Encourages, forces, or entices any person less than 16
  384  years of age to engage in sadomasochistic abuse, sexual
  385  bestiality, prostitution, or any other act involving sexual
  386  activity
  387  
  388  commits lewd or lascivious battery, a felony of the second
  389  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  390  775.084.
  391         (5) LEWD OR LASCIVIOUS MOLESTATION.—
  392         (a) A person who intentionally touches in a lewd or
  393  lascivious manner the breasts, genitals, genital area, or
  394  buttocks, or the clothing covering them, of a person less than
  395  16 years of age, or forces or entices a person under 16 years of
  396  age to so touch the perpetrator, commits lewd or lascivious
  397  molestation.
  398         (b) An offender 18 years of age or older who commits lewd
  399  or lascivious molestation against a victim less than 12 years of
  400  age commits a life felony, punishable as provided in s.
  401  775.082(3)(a)4.
  402         (c)1. An offender less than 18 years of age who commits
  403  lewd or lascivious molestation against a victim less than 12
  404  years of age; or
  405         2. An offender 18 years of age or older who commits lewd or
  406  lascivious molestation against a victim 12 years of age or older
  407  but less than 16 years of age
  408  
  409  commits a felony of the second degree, punishable as provided in
  410  s. 775.082, s. 775.083, or s. 775.084.
  411         (d) An offender less than 18 years of age who commits lewd
  412  or lascivious molestation against a victim 12 years of age or
  413  older but less than 16 years of age commits a felony of the
  414  third degree, punishable as provided in s. 775.082, s. 775.083,
  415  or s. 775.084.
  416         (e) A person commits a felony of the first degree,
  417  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
  418  if the person is 18 years of age or older and commits lewd or
  419  lascivious molestation against a victim 12 years of age or older
  420  but less than 16 years of age and the person was previously
  421  convicted of a violation of:
  422         1. Section 787.01(2) or s. 787.02(2) when the violation
  423  involved a victim who was a minor and, in the course of
  424  committing the violation, the defendant committed against the
  425  minor a sexual battery under chapter 794 or a lewd act under
  426  this section or s. 847.0135(5);
  427         2. Section 787.01(3)(a)2. or 3.;
  428         3. Section 787.02(3)(a)2. or 3.;
  429         4. Chapter 794, excluding s. 794.011(10);
  430         5. Section 825.1025;
  431         6. Section 847.0135(5); or
  432         7. This section.
  433         Section 7. Subsection (1) of section 810.14, Florida
  434  Statutes, is amended to read:
  435         810.14 Voyeurism prohibited; penalties.—
  436         (1) A person commits the offense of voyeurism when he or
  437  she, with lewd, lascivious, or indecent intent:,
  438         (a) Secretly observes another person when the other person
  439  is located in a dwelling, structure, or conveyance and such
  440  location provides a reasonable expectation of privacy.
  441         (b) Secretly observes another person’s intimate areas in
  442  which the person has a reasonable expectation of privacy, when
  443  the other person is located in a public or private dwelling,
  444  structure, or conveyance. As used in this paragraph, the term
  445  “intimate area” means any portion of a person’s body or
  446  undergarments that is covered by clothing and intended to be
  447  protected from public view.
  448         Section 8. Paragraphs (g) through (i) of subsection (3) of
  449  section 921.0022, Florida Statutes, are amended to read:
  450         921.0022 Criminal Punishment Code; offense severity ranking
  451  chart.—
  452         (3) OFFENSE SEVERITY RANKING CHART
  453         (g) LEVEL 7
  454  
  455  FloridaStatute           FelonyDegree         Description         
  456  316.027(1)(b)                 1st     Accident involving death, failure to stop; leaving scene.
  457  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
  458  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.
  459  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
  460  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  461  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
  462  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
  463  456.065(2)                    3rd     Practicing a health care profession without a license.
  464  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
  465  458.327(1)                    3rd     Practicing medicine without a license.
  466  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
  467  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
  468  461.012(1)                    3rd     Practicing podiatric medicine without a license.
  469  462.17                        3rd     Practicing naturopathy without a license.
  470  463.015(1)                    3rd     Practicing optometry without a license.
  471  464.016(1)                    3rd     Practicing nursing without a license.
  472  465.015(2)                    3rd     Practicing pharmacy without a license.
  473  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
  474  467.201                       3rd     Practicing midwifery without a license.
  475  468.366                       3rd     Delivering respiratory care services without a license.
  476  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
  477  483.901(9)                    3rd     Practicing medical physics without a license.
  478  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
  479  484.053                       3rd     Dispensing hearing aids without a license.
  480  494.0018(2)                   1st     Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
  481  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.
  482  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  483  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  484  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
  485  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
  486  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  487  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  488  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  489  782.071                       2nd     Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  490  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  491  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
  492  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
  493  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
  494  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
  495  784.048(7)                    3rd     Aggravated stalking; violation of court order.
  496  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
  497  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
  498  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
  499  784.081(1)                    1st     Aggravated battery on specified official or employee.
  500  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
  501  784.083(1)                    1st     Aggravated battery on code inspector.
  502  787.06(3)(a)                  1st     Human trafficking using coercion for labor and services.
  503  787.06(3)(e)                  1st     Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
  504  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  505  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
  506  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
  507  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  508  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  509  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  510  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  511  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.
  512  796.03                        2nd     Procuring any person under 16 years for prostitution.
  513  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger less than 12 years of age; offender younger less than 18 years.
  514  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger less than 16 years; offender 18 years or older.
  515  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.
  516  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
  517  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
  518  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
  519  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
  520  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
  521  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.
  522  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  523  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
  524  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
  525  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
  526  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  527  812.131(2)(a)                 2nd     Robbery by sudden snatching.
  528  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
  529  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
  530  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
  531  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
  532  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
  533  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.
  534  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
  535  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  536  825.103(2)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
  537  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
  538  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
  539  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
  540  838.015                       2nd     Bribery.                    
  541  838.016                       2nd     Unlawful compensation or reward for official behavior.
  542  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
  543  838.22                        2nd     Bid tampering.              
  544  843.0855(2)                   3rd     Impersonation of a public officer or employee.
  545  843.0855(3)                   3rd     Unlawful simulation of legal process.
  546  843.0855(4)                   3rd     Intimidation of a public officer or employee.
  547  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
  548  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
  549  872.06                        2nd     Abuse of a dead human body. 
  550  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  551  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  552  893.13(1)(c)1.                1st     Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  553  893.13(1)(e)1.                1st     Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
  554  893.13(4)(a)                  1st     Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  555  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  556  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
  557  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  558  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  559  893.135(1)(e)1.               1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  560  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  561  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  562  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  563  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  564  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  565  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
  566  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
  567  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  568  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  569  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  570  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
  571  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  572  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  573  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
  574  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  575  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  576  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  577  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  578  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  579  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  580  
  581         (h) LEVEL 8
  582  
  583  FloridaStatute            FelonyDegree         Description         
  584  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
  585  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
  586  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
  587  499.0051(7)                    1st     Knowing trafficking in contraband prescription drugs.
  588  499.0051(8)                    1st     Knowing forgery of prescription labels or prescription drug labels.
  589  560.123(8)(b)2.                2nd     Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
  590  560.125(5)(b)                  2nd     Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
  591  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  592  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
  593  782.04(4)                      2nd     Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
  594  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  595  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
  596  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
  597  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity.
  598  787.06(3)(c)                   1st     Human trafficking using coercion for labor and services of an unauthorized alien.
  599  787.06(3)(f)                   1st     Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
  600  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
  601  794.011(5)(a)                  1st     Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
  602  794.011(5)(b)                  2nd     Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
  603  794.011(5)(c)                  2nd     Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
  604  794.011(5)(d)                  1st     Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
  605  794.011(5)                     2nd     Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  606  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  607  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
  608  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
  609  800.04(4)                      2nd     Lewd or lascivious battery. 
  610  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  611  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
  612  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
  613  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  614  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  615  812.13(2)(b)                   1st     Robbery with a weapon.      
  616  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  617  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
  618  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
  619  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  620  817.535(5)(a)                  2nd     Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
  621  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
  622  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
  623  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
  624  825.103(2)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  625  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
  626  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  627  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  628  860.16                         1st     Aircraft piracy.            
  629  893.13(1)(b)                   1st     Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  630  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  631  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  632  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  633  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
  634  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  635  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  636  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  637  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  638  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  639  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  640  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  641  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  642  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
  643  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
  644  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  645  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
  646  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  647  896.104(4)(a)2.                2nd     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
  648  
  649         (i) LEVEL 9
  650  
  651  FloridaStatute             FelonyDegree         Description        
  652  316.193 (3)(c)3.b.              1st     DUI manslaughter; failing to render aid or give information.
  653  327.35(3)(c)3.b.                1st     BUI manslaughter; failing to render aid or give information.
  654  409.920 (2)(b)1.c.              1st     Medicaid provider fraud; $50,000 or more.
  655  499.0051(9)                     1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  656  560.123(8)(b)3.                 1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  657  560.125(5)(c)                   1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  658  655.50(10)(b)3.                 1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  659  775.0844                        1st     Aggravated white collar crime.
  660  782.04(1)                       1st     Attempt, conspire, or solicit to commit premeditated murder.
  661  782.04(3)                     1st,PBL   Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
  662  782.051(1)                      1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  663  782.07(2)                       1st     Aggravated manslaughter of an elderly person or disabled adult.
  664  787.01(1)(a)1.                1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
  665  787.01(1)(a)2.                1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
  666  787.01(1)(a)4.                1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
  667  787.02(3)(a)                    1st     False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  668  787.06(3)(d)                    1st     Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
  669  787.06(3)(g)                  1st,PBL   Human trafficking for commercial sexual activity of a child under the age of 18.
  670  787.06(4)                       1st     Selling or buying of minors into human trafficking.
  671  790.161                         1st     Attempted capital destructive device offense.
  672  790.166(2)                    1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
  673  794.011(2)                      1st     Attempted sexual battery; victim less than 12 years of age.
  674  794.011(2)                     Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  675  794.011(4)(a)                 1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
  676  794.011(4)(b)                   1st     Sexual battery, certain circumstances; victim and offender 18 years of age or older.
  677  794.011(4)(c)                   1st     Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
  678  794.011(4)(d)                 1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
  679  794.011(4)                      1st     Sexual battery; victim 12 years or older, certain circumstances.
  680  794.011(8)(b)                 1st,PBL   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  681  794.08(2)                       1st     Female genital mutilation; victim younger than 18 years of age.
  682  796.035                         1st     Selling or buying of minors into prostitution.
  683  800.04(5)(b)                   Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  684  812.13(2)(a)                  1st,PBL   Robbery with firearm or other deadly weapon.
  685  812.133(2)(a)                 1st,PBL   Carjacking; firearm or other deadly weapon.
  686  812.135(2)(b)                   1st     Home-invasion robbery with weapon.
  687  817.535(3)(b)                   1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
  688  817.535(4)(a)2.                 1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
  689  817.535(5)(b)                   1st     Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
  690  817.568(7)                    2nd,PBL   Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
  691  827.03(2)(a)                    1st     Aggravated child abuse.    
  692  847.0145(1)                     1st     Selling, or otherwise transferring custody or control, of a minor.
  693  847.0145(2)                     1st     Purchasing, or otherwise obtaining custody or control, of a minor.
  694  859.01                          1st     Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
  695  893.135                         1st     Attempted capital trafficking offense.
  696  893.135(1)(a)3.                 1st     Trafficking in cannabis, more than 10,000 lbs.
  697  893.135 (1)(b)1.c.              1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  698  893.135 (1)(c)1.c.              1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  699  893.135 (1)(d)1.c.              1st     Trafficking in phencyclidine, more than 400 grams.
  700  893.135 (1)(e)1.c.              1st     Trafficking in methaqualone, more than 25 kilograms.
  701  893.135 (1)(f)1.c.              1st     Trafficking in amphetamine, more than 200 grams.
  702  893.135 (1)(h)1.c.              1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  703  893.135 (1)(j)1.c.              1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
  704  893.135 (1)(k)2.c.              1st     Trafficking in Phenethylamines, 400 grams or more.
  705  896.101(5)(c)                   1st     Money laundering, financial instruments totaling or exceeding $100,000.
  706  896.104(4)(a)3.                 1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  707  
  708         Section 9. Section 921.0024, Florida Statutes, is amended
  709  to read:
  710         921.0024 Criminal Punishment Code; worksheet computations;
  711  scoresheets.—
  712         (1)(a) The Criminal Punishment Code worksheet is used to
  713  compute the subtotal and total sentence points as follows:
  714  
  715                  FLORIDA CRIMINAL PUNISHMENT CODE                 
  716                              WORKSHEET                            
  717  
  718                            OFFENSE SCORE                          
  719  
  720                            Primary Offense                          
  721  Level               Sentence Points                            Total
  722  10                        116            =                  ........
  723  9                         92             =                  ........
  724  8                         74             =                  ........
  725  7                         56             =                  ........
  726  6                         36             =                  ........
  727  5                         28             =                  ........
  728  4                         22             =                  ........
  729  3                         16             =                  ........
  730  2                         10             =                  ........
  731  1                          4             =                  ........
  732  
  733                                                             Total   
  734  
  735  
  736                          Additional Offenses                        
  737  Level        Sentence Points           Counts                Total
  738  10                  58          x       ....       =          ....
  739  9                   46          x       ....       =          ....
  740  8                   37          x       ....       =          ....
  741  7                   28          x       ....       =          ....
  742  6                   18          x       ....       =          ....
  743  5                  5.4          x       ....       =          ....
  744  4                  3.6          x       ....       =          ....
  745  3                  2.4          x       ....       =          ....
  746  2                  1.2          x       ....       =          ....
  747  1                  0.7          x       ....       =          ....
  748  M                  0.2          x       ....       =          ....
  749  
  750                                                             Total   
  751  
  752  
  753                             Victim Injury                           
  754  Level               Sentence Points       Number             Total
  755  2nd degreemurder-death      240       x      ....     =         ....
  756  Death                     120       x      ....     =         ....
  757  Severe                    40        x      ....     =         ....
  758  Moderate                  18        x      ....     =         ....
  759  Slight                     4        x      ....     =         ....
  760  Sexual penetration        80        x      ....     =         ....
  761  Sexual contact            40        x      ....     =         ....
  762  
  763                                                             Total   
  764  
  765  Primary Offense + Additional Offenses + Victim Injury =
  766                         TOTAL OFFENSE SCORE                       
  767  
  768                         PRIOR RECORD SCORE                        
  769  
  770                             Prior Record                            
  771  Level        Sentence Points           Number                Total
  772  10                  29          x       ....       =          ....
  773  9                   23          x       ....       =          ....
  774  8                   19          x       ....       =          ....
  775  7                   14          x       ....       =          ....
  776  6                   9           x       ....       =          ....
  777  5                  3.6          x       ....       =          ....
  778  4                  2.4          x       ....       =          ....
  779  3                  1.6          x       ....       =          ....
  780  2                  0.8          x       ....       =          ....
  781  1                  0.5          x       ....       =          ....
  782  M                  0.2          x       ....       =          ....
  783  
  784                                                             Total   
  785  
  786    TOTAL OFFENSE SCORE...........................................
  787    TOTAL PRIOR RECORD SCORE......................................
  788  
  789    LEGAL STATUS..................................................
  790    COMMUNITY SANCTION VIOLATION..................................
  791    PRIOR SERIOUS FELONY..........................................
  792    PRIOR CAPITAL FELONY..........................................
  793    FIREARM OR SEMIAUTOMATIC WEAPON...............................
  794                                                  SUBTOTAL........
  795  
  796    PRISON RELEASEE REOFFENDER (no)(yes)..........................
  797    VIOLENT CAREER CRIMINAL (no)(yes).............................
  798    HABITUAL VIOLENT OFFENDER (no)(yes)...........................
  799    HABITUAL OFFENDER (no)(yes)...................................
  800    DRUG TRAFFICKER (no)(yes) (x multiplier)......................
  801    LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
  802    MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
  803    CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
  804    DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
  805  (x multiplier)..................................................
  806    ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
  807  ................................................................
  808                                     TOTAL SENTENCE POINTS........
  809  
  810         (b) WORKSHEET KEY:
  811  
  812  Legal status points are assessed when any form of legal status
  813  existed at the time the offender committed an offense before the
  814  court for sentencing. Four (4) sentence points are assessed for
  815  an offender’s legal status.
  816  
  817  Community sanction violation points are assessed when a
  818  community sanction violation is before the court for sentencing.
  819  Six (6) sentence points are assessed for each community sanction
  820  violation and each successive community sanction violation,
  821  unless any of the following apply:
  822         1. If the community sanction violation includes a new
  823  felony conviction before the sentencing court, twelve (12)
  824  community sanction violation points are assessed for the
  825  violation, and for each successive community sanction violation
  826  involving a new felony conviction.
  827         2. If the community sanction violation is committed by a
  828  violent felony offender of special concern as defined in s.
  829  948.06:
  830         a. Twelve (12) community sanction violation points are
  831  assessed for the violation and for each successive violation of
  832  felony probation or community control where:
  833         I. The violation does not include a new felony conviction;
  834  and
  835         II. The community sanction violation is not based solely on
  836  the probationer or offender’s failure to pay costs or fines or
  837  make restitution payments.
  838         b. Twenty-four (24) community sanction violation points are
  839  assessed for the violation and for each successive violation of
  840  felony probation or community control where the violation
  841  includes a new felony conviction.
  842  
  843  Multiple counts of community sanction violations before the
  844  sentencing court shall not be a basis for multiplying the
  845  assessment of community sanction violation points.
  846  
  847  Prior serious felony points: If the offender has a primary
  848  offense or any additional offense ranked in level 8, level 9, or
  849  level 10, and one or more prior serious felonies, a single
  850  assessment of thirty (30) points shall be added. For purposes of
  851  this section, a prior serious felony is an offense in the
  852  offender’s prior record that is ranked in level 8, level 9, or
  853  level 10 under s. 921.0022 or s. 921.0023 and for which the
  854  offender is serving a sentence of confinement, supervision, or
  855  other sanction or for which the offender’s date of release from
  856  confinement, supervision, or other sanction, whichever is later,
  857  is within 3 years before the date the primary offense or any
  858  additional offense was committed.
  859  
  860  Prior capital felony points: If the offender has one or more
  861  prior capital felonies in the offender’s criminal record, points
  862  shall be added to the subtotal sentence points of the offender
  863  equal to twice the number of points the offender receives for
  864  the primary offense and any additional offense. A prior capital
  865  felony in the offender’s criminal record is a previous capital
  866  felony offense for which the offender has entered a plea of nolo
  867  contendere or guilty or has been found guilty; or a felony in
  868  another jurisdiction which is a capital felony in that
  869  jurisdiction, or would be a capital felony if the offense were
  870  committed in this state.
  871  
  872  Possession of a firearm, semiautomatic firearm, or machine gun:
  873  If the offender is convicted of committing or attempting to
  874  commit any felony other than those enumerated in s. 775.087(2)
  875  while having in his or her possession: a firearm as defined in
  876  s. 790.001(6), an additional eighteen (18) sentence points are
  877  assessed; or if the offender is convicted of committing or
  878  attempting to commit any felony other than those enumerated in
  879  s. 775.087(3) while having in his or her possession a
  880  semiautomatic firearm as defined in s. 775.087(3) or a machine
  881  gun as defined in s. 790.001(9), an additional twenty-five (25)
  882  sentence points are assessed.
  883  
  884  Sentencing multipliers:
  885  
  886  Drug trafficking: If the primary offense is drug trafficking
  887  under s. 893.135, the subtotal sentence points are multiplied,
  888  at the discretion of the court, for a level 7 or level 8
  889  offense, by 1.5. The state attorney may move the sentencing
  890  court to reduce or suspend the sentence of a person convicted of
  891  a level 7 or level 8 offense, if the offender provides
  892  substantial assistance as described in s. 893.135(4).
  893  
  894  Law enforcement protection: If the primary offense is a
  895  violation of the Law Enforcement Protection Act under s.
  896  775.0823(2), (3), or (4), the subtotal sentence points are
  897  multiplied by 2.5. If the primary offense is a violation of s.
  898  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  899  are multiplied by 2.0. If the primary offense is a violation of
  900  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  901  Protection Act under s. 775.0823(10) or (11), the subtotal
  902  sentence points are multiplied by 1.5.
  903  
  904  Grand theft of a motor vehicle: If the primary offense is grand
  905  theft of the third degree involving a motor vehicle and in the
  906  offender’s prior record, there are three or more grand thefts of
  907  the third degree involving a motor vehicle, the subtotal
  908  sentence points are multiplied by 1.5.
  909  
  910  Offense related to a criminal gang: If the offender is convicted
  911  of the primary offense and committed that offense for the
  912  purpose of benefiting, promoting, or furthering the interests of
  913  a criminal gang as defined in s. 874.03, the subtotal sentence
  914  points are multiplied by 1.5. If applying the multiplier results
  915  in the lowest permissible sentence exceeding the statutory
  916  maximum sentence for the primary offense under chapter 775, the
  917  court may not apply the multiplier and must sentence the
  918  defendant to the statutory maximum sentence.
  919  
  920  Domestic violence in the presence of a child: If the offender is
  921  convicted of the primary offense and the primary offense is a
  922  crime of domestic violence, as defined in s. 741.28, which was
  923  committed in the presence of a child under 16 years of age who
  924  is a family or household member as defined in s. 741.28(3) with
  925  the victim or perpetrator, the subtotal sentence points are
  926  multiplied by 1.5.
  927  
  928  Adult-on-minor sex offense: If the offender was 18 years of age
  929  or older and the victim was younger than 18 years of age at the
  930  time the offender committed the primary offense, and if the
  931  primary offense was an offense committed on or after October 1,
  932  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  933  violation involved a victim who was a minor and, in the course
  934  of committing that violation, the defendant committed a sexual
  935  battery under chapter 794 or a lewd act under s. 800.04 or s.
  936  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  937  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  938  800.04; or s. 847.0135(5), the subtotal sentence points are
  939  multiplied by 2.0. If applying the multiplier results in the
  940  lowest permissible sentence exceeding the statutory maximum
  941  sentence for the primary offense under chapter 775, the court
  942  may not apply the multiplier and must sentence the defendant to
  943  the statutory maximum sentence.
  944         (2) The lowest permissible sentence is the minimum sentence
  945  that may be imposed by the trial court, absent a valid reason
  946  for departure. The lowest permissible sentence is any nonstate
  947  prison sanction in which the total sentence points equals or is
  948  less than 44 points, unless the court determines within its
  949  discretion that a prison sentence, which may be up to the
  950  statutory maximums for the offenses committed, is appropriate.
  951  When the total sentence points exceeds 44 points, the lowest
  952  permissible sentence in prison months shall be calculated by
  953  subtracting 28 points from the total sentence points and
  954  decreasing the remaining total by 25 percent. The total sentence
  955  points shall be calculated only as a means of determining the
  956  lowest permissible sentence. The permissible range for
  957  sentencing shall be the lowest permissible sentence up to and
  958  including the statutory maximum, as defined in s. 775.082, for
  959  the primary offense and any additional offenses before the court
  960  for sentencing. The sentencing court may impose such sentences
  961  concurrently or consecutively. However, any sentence to state
  962  prison must exceed 1 year. If the lowest permissible sentence
  963  under the code exceeds the statutory maximum sentence as
  964  provided in s. 775.082, the sentence required by the code must
  965  be imposed. If the total sentence points are greater than or
  966  equal to 363, the court may sentence the offender to life
  967  imprisonment. An offender sentenced to life imprisonment under
  968  this section is not eligible for any form of discretionary early
  969  release, except executive clemency or conditional medical
  970  release under s. 947.149.
  971         (3) A single scoresheet shall be prepared for each
  972  defendant to determine the permissible range for the sentence
  973  that the court may impose, except that if the defendant is
  974  before the court for sentencing for more than one felony and the
  975  felonies were committed under more than one version or revision
  976  of the guidelines or the code, separate scoresheets must be
  977  prepared. The scoresheet or scoresheets must cover all the
  978  defendant’s offenses pending before the court for sentencing.
  979  The state attorney shall prepare the scoresheet or scoresheets,
  980  which must be presented to the defense counsel for review for
  981  accuracy in all cases unless the judge directs otherwise. The
  982  defendant’s scoresheet or scoresheets must be approved and
  983  signed by the sentencing judge.
  984         (4) The Department of Corrections, in consultation with the
  985  Office of the State Courts Administrator, state attorneys, and
  986  public defenders, must develop and submit the revised Criminal
  987  Punishment Code scoresheet to the Supreme Court for approval by
  988  June 15 of each year, as necessary. Upon the Supreme Court’s
  989  approval of the revised scoresheet, the Department of
  990  Corrections shall produce and provide sufficient copies of the
  991  revised scoresheets by September 30 of each year, as necessary.
  992  Scoresheets must include item entries for the scoresheet
  993  preparer’s use in indicating whether any prison sentence imposed
  994  includes a mandatory minimum sentence or the sentence imposed
  995  was a downward departure from the lowest permissible sentence
  996  under the Criminal Punishment Code.
  997         (5) The Department of Corrections shall distribute
  998  sufficient copies of the Criminal Punishment Code scoresheets to
  999  those persons charged with the responsibility for preparing
 1000  scoresheets.
 1001         (6) The clerk of the circuit court shall transmit a
 1002  complete, accurate, and legible copy of the Criminal Punishment
 1003  Code scoresheet used in each sentencing proceeding to the
 1004  Department of Corrections. Scoresheets must be transmitted no
 1005  less frequently than monthly, by the first of each month, and
 1006  may be sent collectively.
 1007         (7) A sentencing scoresheet must be prepared for every
 1008  defendant who is sentenced for a felony offense. A copy of the
 1009  individual offender’s Criminal Punishment Code scoresheet and
 1010  any attachments thereto prepared pursuant to Rule 3.701, Rule
 1011  3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or
 1012  any other rule pertaining to the preparation and submission of
 1013  felony sentencing scoresheets, must be attached to the copy of
 1014  the uniform judgment and sentence form provided to the
 1015  Department of Corrections.
 1016         Section 10. Paragraph (a) of subsection (1), paragraph (a)
 1017  of subsection (11), and paragraph (b) of subsection (14) of
 1018  section 943.0435, Florida Statutes, are amended to read:
 1019         943.0435 Sexual offenders required to register with the
 1020  department; penalty.—
 1021         (1) As used in this section, the term:
 1022         (a)1. “Sexual offender” means a person who meets the
 1023  criteria in sub-subparagraph a., sub-subparagraph b., sub
 1024  subparagraph c., or sub-subparagraph d., as follows:
 1025         a.(I) Has been convicted of committing, or attempting,
 1026  soliciting, or conspiring to commit, any of the criminal
 1027  offenses proscribed in the following statutes in this state or
 1028  similar offenses in another jurisdiction: s. 787.01, s. 787.02,
 1029  or s. 787.025(2)(c), where the victim is a minor and the
 1030  defendant is not the victim’s parent or guardian; s.
 1031  787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
 1032  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
 1033  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 1034  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1035  or s. 985.701(1); or any similar offense committed in this state
 1036  which has been redesignated from a former statute number to one
 1037  of those listed in this sub-sub-subparagraph; and
 1038         (II) Has been released on or after October 1, 1997, from
 1039  the sanction imposed for any conviction of an offense described
 1040  in sub-sub-subparagraph (I). For purposes of sub-sub
 1041  subparagraph (I), a sanction imposed in this state or in any
 1042  other jurisdiction includes, but is not limited to, a fine,
 1043  probation, community control, parole, conditional release,
 1044  control release, or incarceration in a state prison, federal
 1045  prison, private correctional facility, or local detention
 1046  facility;
 1047         b. Establishes or maintains a residence in this state and
 1048  who has not been designated as a sexual predator by a court of
 1049  this state but who has been designated as a sexual predator, as
 1050  a sexually violent predator, or by another sexual offender
 1051  designation in another state or jurisdiction and was, as a
 1052  result of such designation, subjected to registration or
 1053  community or public notification, or both, or would be if the
 1054  person were a resident of that state or jurisdiction, without
 1055  regard to whether the person otherwise meets the criteria for
 1056  registration as a sexual offender;
 1057         c. Establishes or maintains a residence in this state who
 1058  is in the custody or control of, or under the supervision of,
 1059  any other state or jurisdiction as a result of a conviction for
 1060  committing, or attempting, soliciting, or conspiring to commit,
 1061  any of the criminal offenses proscribed in the following
 1062  statutes or similar offense in another jurisdiction: s. 787.01,
 1063  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
 1064  the defendant is not the victim’s parent or guardian; s.
 1065  787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
 1066  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
 1067  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 1068  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1069  or s. 985.701(1); or any similar offense committed in this state
 1070  which has been redesignated from a former statute number to one
 1071  of those listed in this sub-subparagraph; or
 1072         d. On or after July 1, 2007, has been adjudicated
 1073  delinquent for committing, or attempting, soliciting, or
 1074  conspiring to commit, any of the criminal offenses proscribed in
 1075  the following statutes in this state or similar offenses in
 1076  another jurisdiction when the juvenile was 14 years of age or
 1077  older at the time of the offense:
 1078         (I) Section 794.011, excluding s. 794.011(10);
 1079         (II) Section 800.04(4)(a)2. 800.04(4)(b) where the victim
 1080  is under 12 years of age or where the court finds sexual
 1081  activity by the use of force or coercion;
 1082         (III) Section 800.04(5)(c)1. where the court finds
 1083  molestation involving unclothed genitals; or
 1084         (IV) Section 800.04(5)(d) where the court finds the use of
 1085  force or coercion and unclothed genitals.
 1086         2. For all qualifying offenses listed in sub-subparagraph
 1087  (1)(a)1.d., the court shall make a written finding of the age of
 1088  the offender at the time of the offense.
 1089  
 1090  For each violation of a qualifying offense listed in this
 1091  subsection, the court shall make a written finding of the age of
 1092  the victim at the time of the offense. For a violation of s.
 1093  800.04(4), the court shall additionally make a written finding
 1094  indicating that the offense did or did not involve sexual
 1095  activity and indicating that the offense did or did not involve
 1096  force or coercion. For a violation of s. 800.04(5), the court
 1097  shall additionally make a written finding that the offense did
 1098  or did not involve unclothed genitals or genital area and that
 1099  the offense did or did not involve the use of force or coercion.
 1100         (11) Except as provided in s. 943.04354, a sexual offender
 1101  must maintain registration with the department for the duration
 1102  of his or her life, unless the sexual offender has received a
 1103  full pardon or has had a conviction set aside in a
 1104  postconviction proceeding for any offense that meets the
 1105  criteria for classifying the person as a sexual offender for
 1106  purposes of registration. However, a sexual offender:
 1107         (a)1. Who has been lawfully released from confinement,
 1108  supervision, or sanction, whichever is later, for at least 25
 1109  years and has not been arrested for any felony or misdemeanor
 1110  offense since release, provided that the sexual offender’s
 1111  requirement to register was not based upon an adult conviction:
 1112         a. For a violation of s. 787.01 or s. 787.02;
 1113         b. For a violation of s. 794.011, excluding s. 794.011(10);
 1114         c. For a violation of s. 800.04(4)(a)2. s. 800.04(4)(b)
 1115  where the court finds the offense involved a victim under 12
 1116  years of age or sexual activity by the use of force or coercion;
 1117         d. For a violation of s. 800.04(5)(b);
 1118         e. For a violation of s. 800.04(5)c.2. where the court
 1119  finds the offense involved unclothed genitals or genital area;
 1120         f. For any attempt or conspiracy to commit any such
 1121  offense; or
 1122         g. For a violation of similar law of another jurisdiction,
 1123  
 1124  may petition the criminal division of the circuit court of the
 1125  circuit in which the sexual offender resides for the purpose of
 1126  removing the requirement for registration as a sexual offender.
 1127         2. The court may grant or deny relief if the offender
 1128  demonstrates to the court that he or she has not been arrested
 1129  for any crime since release; the requested relief complies with
 1130  the provisions of the federal Adam Walsh Child Protection and
 1131  Safety Act of 2006 and any other federal standards applicable to
 1132  the removal of registration requirements for a sexual offender
 1133  or required to be met as a condition for the receipt of federal
 1134  funds by the state; and the court is otherwise satisfied that
 1135  the offender is not a current or potential threat to public
 1136  safety. The state attorney in the circuit in which the petition
 1137  is filed must be given notice of the petition at least 3 weeks
 1138  before the hearing on the matter. The state attorney may present
 1139  evidence in opposition to the requested relief or may otherwise
 1140  demonstrate the reasons why the petition should be denied. If
 1141  the court denies the petition, the court may set a future date
 1142  at which the sexual offender may again petition the court for
 1143  relief, subject to the standards for relief provided in this
 1144  subsection.
 1145         3. The department shall remove an offender from
 1146  classification as a sexual offender for purposes of registration
 1147  if the offender provides to the department a certified copy of
 1148  the court’s written findings or order that indicates that the
 1149  offender is no longer required to comply with the requirements
 1150  for registration as a sexual offender.
 1151         (14)
 1152         (b) However, a sexual offender who is required to register
 1153  as a result of a conviction for:
 1154         1. Section 787.01 or s. 787.02 where the victim is a minor
 1155  and the offender is not the victim’s parent or guardian;
 1156         2. Section 794.011, excluding s. 794.011(10);
 1157         3. Section 800.04(4)(a)2. 800.04(4)(b) where the court
 1158  finds the offense involved a victim under 12 years of age or
 1159  sexual activity by the use of force or coercion;
 1160         4. Section 800.04(5)(b);
 1161         5. Section 800.04(5)(c)1. where the court finds molestation
 1162  involving unclothed genitals or genital area;
 1163         6. Section 800.04(5)c.2. where the court finds molestation
 1164  involving unclothed genitals or genital area;
 1165         7. Section 800.04(5)(d) where the court finds the use of
 1166  force or coercion and unclothed genitals or genital area;
 1167         8. Any attempt or conspiracy to commit such offense; or
 1168         9. A violation of a similar law of another jurisdiction,
 1169  
 1170  must reregister each year during the month of the sexual
 1171  offender’s birthday and every third month thereafter.
 1172         Section 11. Paragraph (b) of subsection (13) of section
 1173  944.607, Florida Statutes, is amended to read:
 1174         944.607 Notification to Department of Law Enforcement of
 1175  information on sexual offenders.—
 1176         (13)
 1177         (b) However, a sexual offender who is required to register
 1178  as a result of a conviction for:
 1179         1. Section 787.01 or s. 787.02 where the victim is a minor
 1180  and the offender is not the victim’s parent or guardian;
 1181         2. Section 794.011, excluding s. 794.011(10);
 1182         3. Section 800.04(4)(a)2. 800.04(4)(b) where the victim is
 1183  under 12 years of age or where the court finds sexual activity
 1184  by the use of force or coercion;
 1185         4. Section 800.04(5)(b);
 1186         5. Section 800.04(5)(c)1. where the court finds molestation
 1187  involving unclothed genitals or genital area;
 1188         6. Section 800.04(5)c.2. where the court finds molestation
 1189  involving unclothed genitals or genital area;
 1190         7. Section 800.04(5)(d) where the court finds the use of
 1191  force or coercion and unclothed genitals or genital area;
 1192         8. Any attempt or conspiracy to commit such offense; or
 1193         9. A violation of a similar law of another jurisdiction,
 1194  
 1195  must reregister each year during the month of the sexual
 1196  offender’s birthday and every third month thereafter.
 1197         Section 12. Paragraph (e) is added to subsection (4) of
 1198  section 944.275, Florida Statutes, to read:
 1199         944.275 Gain-time.—
 1200         (4)
 1201         (e) Notwithstanding subparagraph (b)3., for sentences
 1202  imposed for offenses committed on or after October 1, 2014, the
 1203  department may not grant incentive gain-time if the offense is a
 1204  violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s.
 1205  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
 1206  800.04; s. 825.1025; or s. 847.0135(5).
 1207         Section 13. Subsections (13) and (14) are added to section
 1208  947.1405, Florida Statutes, to read:
 1209         947.1405 Conditional release program.—
 1210         (13) If a person who is transferred to the custody of the
 1211  Department of Children and Families pursuant to part V of
 1212  chapter 394 is subject to conditional release supervision, the
 1213  period of conditional release supervision is tolled until such
 1214  person is no longer in the custody of the Department of Children
 1215  and Families. This subsection applies to all periods of
 1216  conditional release supervision which begin on or after October
 1217  1, 2014, regardless of the date of the underlying offense.
 1218         (14) Effective for a releasee whose crime was committed on
 1219  or after October 1, 2014, in violation of chapter 794, s.
 1220  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition
 1221  to any other provision of this section, the commission must
 1222  impose a condition prohibiting the releasee from viewing,
 1223  accessing, owning, or possessing any obscene, pornographic, or
 1224  sexually stimulating visual or auditory material unless
 1225  otherwise indicated in the treatment plan provided by a
 1226  qualified practitioner in the sexual offender treatment program.
 1227  Visual or auditory material includes, but is not limited to,
 1228  telephone, electronic media, computer programs, and computer
 1229  services.
 1230         Section 14. Subsection (1) of section 948.012, Florida
 1231  Statutes, is amended, and subsections (5) and (6) are added to
 1232  that section, to read:
 1233         948.012 Split sentence of probation or community control
 1234  and imprisonment.—
 1235         (1) If Whenever punishment by imprisonment for a
 1236  misdemeanor or a felony, except for a capital felony, is
 1237  prescribed, the court, in its discretion, may, at the time of
 1238  sentencing, impose a split sentence whereby the defendant is to
 1239  be placed on probation or, with respect to any such felony, into
 1240  community control upon completion of any specified period of
 1241  such sentence which may include a term of years or less. In such
 1242  case, the court shall stay and withhold the imposition of the
 1243  remainder of sentence imposed upon the defendant and direct that
 1244  the defendant be placed upon probation or into community control
 1245  after serving such period as may be imposed by the court. Except
 1246  as provided in subsection (6), the period of probation or
 1247  community control shall commence immediately upon the release of
 1248  the defendant from incarceration, whether by parole or gain-time
 1249  allowances.
 1250         (5)(a) Effective for offenses committed on or after October
 1251  1, 2014, if the court imposes a term of years in accordance with
 1252  s. 775.082 which is less than the maximum sentence for the
 1253  offense, the court must impose a split sentence pursuant to
 1254  subsection (1) for any person who is convicted of a violation
 1255  of:
 1256         1. Section 782.04(1)(a)2.c.;
 1257         2. Section 787.01(3)(a)2. or 3.;
 1258         3. Section 787.02(3)(a)2. or 3.;
 1259         4. Section 794.011, excluding s. 794.011(10);
 1260         5. Section 800.04;
 1261         6. Section 825.1025; or
 1262         7. Section 847.0135(5).
 1263         (b) The probation or community control portion of the split
 1264  sentence imposed by the court must extend for at least 2 years.
 1265  However, if the term of years imposed by the court extends to
 1266  within 2 years of the maximum sentence for the offense, the
 1267  probation or community control portion of the split sentence
 1268  must extend for the remainder of the maximum sentence.
 1269         (6) If a defendant who has been sentenced to a split
 1270  sentence pursuant to subsection (1) is transferred to the
 1271  custody of the Department of Children and Families pursuant to
 1272  part V of chapter 394, the period of probation or community
 1273  control is tolled until such person is no longer in the custody
 1274  of the Department of Children and Families. This subsection
 1275  applies to all sentences of probation or community control which
 1276  begin on or after October 1, 2014, regardless of the date of the
 1277  underlying offense.
 1278         Section 15. Subsection (5) is added to section 948.30,
 1279  Florida Statutes, to read:
 1280         948.30 Additional terms and conditions of probation or
 1281  community control for certain sex offenses.—Conditions imposed
 1282  pursuant to this section do not require oral pronouncement at
 1283  the time of sentencing and shall be considered standard
 1284  conditions of probation or community control for offenders
 1285  specified in this section.
 1286         (5) Effective for a probationer or community controllee
 1287  whose crime was committed on or after October 1, 2014, and who
 1288  is placed on probation or community control for a violation of
 1289  chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.
 1290  847.0145, in addition to all other conditions imposed, the court
 1291  must impose a condition prohibiting the probationer or community
 1292  controllee from viewing, accessing, owning, or possessing any
 1293  obscene, pornographic, or sexually stimulating visual or
 1294  auditory material unless otherwise indicated in the treatment
 1295  plan provided by a qualified practitioner in the sexual offender
 1296  treatment program. Visual or auditory material includes, but is
 1297  not limited to, telephone, electronic media, computer programs,
 1298  and computer services.
 1299         Section 16. Section 948.31, Florida Statutes, is amended to
 1300  read:
 1301         948.31 Evaluation and treatment of sexual predators and
 1302  offenders on probation or community control.—The court may shall
 1303  require an evaluation by a qualified practitioner to determine
 1304  the need of a probationer or community controllee for treatment.
 1305  If the court determines that a need therefor is established by
 1306  the evaluation process, the court shall require sexual offender
 1307  treatment as a term or condition of probation or community
 1308  control for any probationer or community controllee person who
 1309  is required to register as a sexual predator under s. 775.21 or
 1310  sexual offender under s. 943.0435, s. 944.606, or s. 944.607 to
 1311  undergo an evaluation, at the probationer or community
 1312  controllee’s expense, by a qualified practitioner to determine
 1313  whether such probationer or community controllee needs sexual
 1314  offender treatment. If the qualified practitioner determines
 1315  that sexual offender treatment is needed and recommends
 1316  treatment, the probationer or community controllee must
 1317  successfully complete and pay for the treatment. Such treatment
 1318  must shall be required to be obtained from a qualified
 1319  practitioner as defined in s. 948.001. Treatment may not be
 1320  administered by a qualified practitioner who has been convicted
 1321  or adjudicated delinquent of committing, or attempting,
 1322  soliciting, or conspiring to commit, any offense that is listed
 1323  in s. 943.0435(1)(a)1.a.(I). The court shall impose a
 1324  restriction against contact with minors if sexual offender
 1325  treatment is recommended. The evaluation and recommendations for
 1326  treatment of the probationer or community controllee shall be
 1327  provided to the court for review.
 1328         Section 17. If any provision of this act or its application
 1329  to any person or circumstance is held invalid, the invalidity
 1330  does not affect other provisions or applications of this act
 1331  which can be given effect without the invalid provision or
 1332  application, and to this end the provisions of this act are
 1333  severable.
 1334         Section 18. This act shall take effect October 1, 2014.