Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 768
       
       
       
       
       
       
                                Ì5785602Î578560                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/23/2014           .                                
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       The Committee on Appropriations (Grimsley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 92.56, Florida Statutes, is amended to
    6  read:
    7         92.56 Judicial proceedings and court records involving
    8  sexual offenses and human trafficking.—
    9         (1)(a) The confidential and exempt status of criminal
   10  intelligence information or criminal investigative information
   11  made confidential and exempt pursuant to s. 119.071(2)(h) must
   12  be maintained in court records pursuant to s. 119.0714(1)(h) and
   13  in court proceedings, including testimony from witnesses.
   14         (b) If a petition for access to such confidential and
   15  exempt records is filed with the trial court having jurisdiction
   16  over the alleged offense, the confidential and exempt status of
   17  such information shall be maintained by the court if the state
   18  or the victim demonstrates that:
   19         1. The identity of the victim is not already known in the
   20  community;
   21         2. The victim has not voluntarily called public attention
   22  to the offense;
   23         3. The identity of the victim has not otherwise become a
   24  reasonable subject of public concern;
   25         4. The disclosure of the victim’s identity would be
   26  offensive to a reasonable person; and
   27         5. The disclosure of the victim’s identity would:
   28         a. Endanger the victim because the assailant has not been
   29  apprehended and is not otherwise known to the victim;
   30         b. Endanger the victim because of the likelihood of
   31  retaliation, harassment, or intimidation;
   32         c. Cause severe emotional or mental harm to the victim;
   33         d. Make the victim unwilling to testify as a witness; or
   34         e. Be inappropriate for other good cause shown.
   35         (2) A defendant charged with a crime specified described in
   36  s. 787.06(3)(a), if the victim is younger than 18 years of age,
   37  in s. 787.06(3)(b), (d), (f), or (g), or in chapter 794 or
   38  chapter 800, or with child abuse, aggravated child abuse, or
   39  sexual performance by a child as described in chapter 827, may
   40  apply to the trial court for an order of disclosure of
   41  information in court records held confidential and exempt
   42  pursuant to s. 119.0714(1)(h) or maintained as confidential and
   43  exempt pursuant to court order under this section. Such
   44  identifying information concerning the victim may be released to
   45  the defendant or his or her attorney in order to prepare the
   46  defense. The confidential and exempt status of this information
   47  does may not be construed to prevent the disclosure of the
   48  victim’s identity to the defendant; however, the defendant may
   49  not disclose the victim’s identity to any person other than the
   50  defendant’s attorney or any other person directly involved in
   51  the preparation of the defense. A willful and knowing disclosure
   52  of the identity of the victim to any other person by the
   53  defendant constitutes contempt.
   54         (3) The state may use a pseudonym instead of the victim’s
   55  name to designate the victim of a crime specified described in
   56  s. 787.06(3)(a), if the victim is younger than 18 years of age,
   57  in s. 787.06(3)(b), (d), (f), or (g), or in chapter 794 or
   58  chapter 800, or of child abuse, aggravated child abuse, or
   59  sexual performance by a child as described in chapter 827, or
   60  any crime involving the production, possession, or promotion of
   61  child pornography as described in chapter 847, in all court
   62  records and records of court proceedings, both civil and
   63  criminal.
   64         (4) The protection of this section may be waived by the
   65  victim of the alleged offense in a writing filed with the court,
   66  in which the victim consents to the use or release of
   67  identifying information during court proceedings and in the
   68  records of court proceedings.
   69         (5) This section does not prohibit the publication or
   70  broadcast of the substance of trial testimony in a prosecution
   71  for an offense specified described in s. 787.06(3)(a), if the
   72  victim is younger than 18 years of age, in s. 787.06(3)(b), (d),
   73  (f), or (g), or in chapter 794 or chapter 800, or for a crime of
   74  child abuse, aggravated child abuse, or sexual performance by a
   75  child, as described in chapter 827; however, but the publication
   76  or broadcast may not include an identifying photograph, an
   77  identifiable voice, or the name or address of the victim, unless
   78  the victim has consented in writing to the publication and filed
   79  such consent with the court or unless the court has declared
   80  such records not confidential and exempt as provided for in
   81  subsection (1).
   82         (6) A willful and knowing violation of this section or a
   83  willful and knowing failure to obey a any court order issued
   84  under this section constitutes contempt.
   85         Section 2. Subsection (5) is added to section 450.021,
   86  Florida Statutes, to read:
   87         450.021 Minimum age; general.—
   88         (5) In order to better ensure the elimination of minors
   89  being exploited and becoming victims of human trafficking, a
   90  person under the age of 18, whether or not such person’s
   91  disabilities of nonage have been removed by marriage or
   92  otherwise, may not be employed, permitted, or suffered to work
   93  in an adult theater, as defined in s. 847.001(2)(b).
   94         Section 3. Subsection (3) is added to section 450.045,
   95  Florida Statutes, to read:
   96         450.045 Proof of identity and age; posting of notices.—
   97         (3)(a) In order to provide the department and law
   98  enforcement agencies the means to more effectively identify,
   99  investigate, and arrest persons engaging in human trafficking,
  100  an adult theater as defined in s. 847.001(2)(b) shall obtain
  101  proof of the identity and age of each of its employees or
  102  independent contractors, and shall verify the validity of the
  103  identification and age verification document with the issuer,
  104  before his or her employment or provision of services as an
  105  independent contractor.
  106         (b) The adult theater shall obtain and keep on record a
  107  photocopy of the person’s driver license or state or federal
  108  government-issued photo identification card, along with a record
  109  of the verification of the validity of the identification and
  110  age verification document with the issuer, during the entire
  111  period of employment or business relationship with the
  112  independent contractor and for at least 3 years after the
  113  employee or independent contractor ceases employment or the
  114  provision of services.
  115         (c) The department and its agents have the authority to
  116  enter during operating hours, unannounced and without prior
  117  notice, and inspect at any time a place or establishment covered
  118  by this subsection and to have access to age verification
  119  documents kept on file by the adult theater and such other
  120  records as may aid in the enforcement of this subsection.
  121         Section 4. Paragraph (a) of subsection (3) of section
  122  775.082, Florida Statutes, is amended to read:
  123         775.082 Penalties; applicability of sentencing structures;
  124  mandatory minimum sentences for certain reoffenders previously
  125  released from prison.—
  126         (3) A person who has been convicted of any other designated
  127  felony may be punished as follows:
  128         (a)1. For a life felony committed prior to October 1, 1983,
  129  by a term of imprisonment for life or for a term of years not
  130  less than 30.
  131         2. For a life felony committed on or after October 1, 1983,
  132  by a term of imprisonment for life or by a term of imprisonment
  133  not exceeding 40 years.
  134         3. Except as provided in subparagraph 4., for a life felony
  135  committed on or after July 1, 1995, by a term of imprisonment
  136  for life or by imprisonment for a term of years not exceeding
  137  life imprisonment.
  138         4.a. Except as provided in sub-subparagraph b., for a life
  139  felony committed on or after September 1, 2005, which is a
  140  violation of s. 800.04(5)(b), by:
  141         (I) A term of imprisonment for life; or
  142         (II) A split sentence that is a term of not less than 25
  143  years’ imprisonment and not exceeding life imprisonment,
  144  followed by probation or community control for the remainder of
  145  the person’s natural life, as provided in s. 948.012(4).
  146         b. For a life felony committed on or after July 1, 2008,
  147  which is a person’s second or subsequent violation of s.
  148  800.04(5)(b), by a term of imprisonment for life.
  149         5. For a life felony committed on or after October 1, 2014,
  150  which is a violation of s. 787.06(3)(g), by a term of
  151  imprisonment for life.
  152         Section 5. Subsection (18) is added to section 775.15,
  153  Florida Statutes, to read:
  154         775.15 Time limitations; general time limitations;
  155  exceptions.—
  156         (18) A prosecution for a violation of s. 787.06 may be
  157  commenced at any time. This subsection applies to any such
  158  offense except an offense the prosecution of which would have
  159  been barred by subsection (2) on or before October 1, 2014.
  160         Section 6. Subsections (3) and (4) of section 787.06,
  161  Florida Statutes, are amended, and subsection (8) is added to
  162  that section, to read:
  163         787.06 Human trafficking.—
  164         (3) A Any person who knowingly, or in reckless disregard of
  165  the facts, engages in human trafficking, or attempts to engage
  166  in human trafficking, or benefits financially by receiving
  167  anything of value from participation in a venture that has
  168  subjected a person to human trafficking:
  169         (a)1.Using coercion For labor or services of any child
  170  under the age of 18 commits a felony of the first degree,
  171  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  172         2. Using coercion for labor or services of an adult commits
  173  a felony of the first degree, punishable as provided in s.
  174  775.082, s. 775.083, or s. 775.084.
  175         (b) Using coercion for commercial sexual activity of an
  176  adult commits a felony of the first degree, punishable as
  177  provided in s. 775.082, s. 775.083, or s. 775.084.
  178         (c)1.Using coercion For labor or services of any child
  179  under the age of 18 individual who is an unauthorized alien
  180  commits a felony of the first degree, punishable as provided in
  181  s. 775.082, s. 775.083, or s. 775.084.
  182         2. Using coercion for labor or services of an adult who is
  183  an unauthorized alien commits a felony of the first degree,
  184  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  185         (d) Using coercion for commercial sexual activity of an
  186  adult any individual who is an unauthorized alien commits a
  187  felony of the first degree, punishable as provided in s.
  188  775.082, s. 775.083, or s. 775.084.
  189         (e)1.Using coercion For labor or services who does so by
  190  the transfer or transport of any child under the age of 18
  191  individual from outside this state to within the state commits a
  192  felony of the first degree, punishable as provided in s.
  193  775.082, s. 775.083, or s. 775.084.
  194         2. Using coercion for labor or services who does so by the
  195  transfer or transport of an adult from outside this state to
  196  within the state commits a felony of the first degree,
  197  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  198         (f)1.Using coercion For commercial sexual activity who
  199  does so by the transfer or transport of any child under the age
  200  of 18 individual from outside this state to within the state
  201  commits a felony of the first degree, punishable by imprisonment
  202  for a term of years not exceeding life, or as provided in s.
  203  775.082, s. 775.083, or s. 775.084.
  204         2. Using coercion for commercial sexual activity who does
  205  so by the transfer or transport of an adult from outside this
  206  state to within the state commits a felony of the first degree,
  207  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  208         (g) For commercial sexual activity in which any child under
  209  the age of 18, or in which any person who is mentally defective
  210  or mentally incapacitated as those terms are defined in s.
  211  794.011(1), is involved commits a life felony of the first
  212  degree, punishable by imprisonment for a term of years not
  213  exceeding life, or as provided in s. 775.082(3)(a)5. 775.082, s.
  214  775.083, or s. 775.084. In a prosecution under this paragraph in
  215  which the defendant had a reasonable opportunity to observe the
  216  person who was subject to human trafficking, the state need not
  217  prove that the defendant knew that the person had not attained
  218  the age of 18 years.
  219         (h) For commercial sexual activity in which any child under
  220  the age of 15 is involved commits a life felony, punishable as
  221  provided in s. 775.082, s. 775.083, or s. 775.084. In a
  222  prosecution under this paragraph in which the defendant had a
  223  reasonable opportunity to observe the person who was subject to
  224  human trafficking, the state need not prove that the defendant
  225  knew that the person had not attained the age of 15 years.
  226  
  227  For each instance of human trafficking of any individual under
  228  this subsection, a separate crime is committed and a separate
  229  punishment is authorized.
  230         (4)(a)A Any parent, legal guardian, or other person having
  231  custody or control of a minor who sells or otherwise transfers
  232  custody or control of such minor, or offers to sell or otherwise
  233  transfer custody of such minor, with knowledge or in reckless
  234  disregard of the fact that, as a consequence of the sale or
  235  transfer, the minor will be subject to human trafficking commits
  236  a life first degree felony, punishable as provided in s.
  237  775.082, s. 775.083, or s. 775.084.
  238         (b) A person who permanently brands, or directs to be
  239  branded, a victim of an offense under this section commits a
  240  second degree felony, punishable as provided in s. 775.082, s.
  241  775.083, or s. 775.084. For purposes of this subsection, the
  242  term “permanently branded” means a mark on the individual’s body
  243  that, if it can be removed or repaired at all, can only be
  244  removed or repaired by surgical means, laser treatment, or other
  245  medical procedure.
  246         (8) In a prosecution under this section, the defendant’s
  247  ignorance of the victim’s age, the victim’s misrepresentation of
  248  his or her age, or the defendant’s bona fide belief of the
  249  victim’s age cannot be raised as a defense.
  250         Section 7. Section 796.001, Florida Statutes, is created to
  251  read:
  252         796.001 Offenses by adults involving minors; intent.—It is
  253  the intent of the Legislature that adults who involve minors in
  254  any behavior prohibited under this chapter be prosecuted under
  255  other laws of this state, such as, but not limited to, s.
  256  787.06, chapter 794, chapter 800, s. 810.145, chapter 827, and
  257  chapter 847. The Legislature finds that the prosecution of such
  258  adults under this chapter is inappropriate since a minor is
  259  unable to consent to such behavior.
  260         Section 8. Sections 796.03, 796.035, and 796.036, Florida
  261  Statutes, are repealed.
  262         Section 9. Section 796.05, Florida Statutes, is amended to
  263  read:
  264         796.05 Deriving support from the proceeds of prostitution.—
  265         (1) It shall be unlawful for any person with reasonable
  266  belief or knowing another person is engaged in prostitution to
  267  live or derive support or maintenance in whole or in part from
  268  what is believed to be the earnings or proceeds of such person’s
  269  prostitution.
  270         (2) Anyone violating this section commits:
  271         (a) For a first offense, a felony of the second third
  272  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  273  775.084.
  274         (b) For a second offense, a felony of the first degree,
  275  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  276         (c) For a third or subsequent offense, a felony of the
  277  first degree punishable as provided in s. 775.082, s. 775.083,
  278  or s. 775.084, with a mandatory minimum term of imprisonment of
  279  10 years.
  280         Section 10. Subsection (2) and subsections (4) through (6)
  281  of section 796.07, Florida Statutes, are amended to read:
  282         796.07 Prohibiting prostitution and related acts.—
  283         (2) It is unlawful:
  284         (a) To own, establish, maintain, or operate any place,
  285  structure, building, or conveyance for the purpose of lewdness,
  286  assignation, or prostitution.
  287         (b) To offer, or to offer or agree to secure, another for
  288  the purpose of prostitution or for any other lewd or indecent
  289  act.
  290         (c) To receive, or to offer or agree to receive, any person
  291  into any place, structure, building, or conveyance for the
  292  purpose of prostitution, lewdness, or assignation, or to permit
  293  any person to remain there for such purpose.
  294         (d) To direct, take, or transport, or to offer or agree to
  295  direct, take, or transport, any person to any place, structure,
  296  or building, or to any other person, with knowledge or
  297  reasonable cause to believe that the purpose of such directing,
  298  taking, or transporting is prostitution, lewdness, or
  299  assignation.
  300         (e) To offer to commit, or to commit, or to engage in,
  301  prostitution, lewdness, or assignation.
  302         (f) To solicit, induce, entice, or procure another to
  303  commit prostitution, lewdness, or assignation.
  304         (g) To reside in, enter, or remain in, any place,
  305  structure, or building, or to enter or remain in any conveyance,
  306  for the purpose of prostitution, lewdness, or assignation.
  307         (h) To aid or, abet, or participate in any of the acts or
  308  things enumerated in this subsection.
  309         (i) To purchase the services of any person engaged in
  310  prostitution.
  311         (4) A person who violates paragraph (2)(e) or (g) any
  312  provision of this section commits:
  313         (a) A misdemeanor of the second degree for a first
  314  violation, punishable as provided in s. 775.082 or s. 775.083.
  315         (b) A misdemeanor of the first degree for a second
  316  violation, punishable as provided in s. 775.082 or s. 775.083.
  317         (c) A felony of the third degree for a third or subsequent
  318  violation, punishable as provided in s. 775.082, s. 775.083, or
  319  s. 775.084.
  320         (5)(a) A person who violates paragraph (2)(a), (b), (c),
  321  (d), (f), (h), or (i) commits:
  322         1. For a first offense, a felony of the third degree,
  323  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  324         2. For a second offense, a felony of the second degree,
  325  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  326         3. For a third or subsequent offense, a felony of the first
  327  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  328  775.084. A person who is charged with a third or subsequent
  329  violation of this section shall be offered admission to a
  330  pretrial intervention program or a substance abuse treatment
  331  program as provided in s. 948.08.
  332         (6) A person who violates paragraph (2)(a), (b), (c), (d),
  333  (f), (h), or (i) paragraph (2)(f) shall be assessed a criminal
  334  civil penalty of $5,000 if the violation results in any judicial
  335  disposition other than acquittal or dismissal. Of the proceeds
  336  from each penalty assessed under this subsection, the first $500
  337  shall be paid to the circuit court administrator for the sole
  338  purpose of paying the administrative costs of treatment-based
  339  drug court programs provided under s. 397.334. The remainder of
  340  the penalty assessed shall be deposited in the Operations and
  341  Maintenance Trust Fund of the Department of Children and Family
  342  Services for the sole purpose of funding safe houses and short
  343  term safe houses as provided in s. 409.1678.
  344         Section 11. Paragraphs (c), (e), and (g) through (j) of
  345  subsection (3) of section 921.0022, Florida Statutes, are
  346  amended to read:
  347         921.0022 Criminal Punishment Code; offense severity ranking
  348  chart.—
  349         (3) OFFENSE SEVERITY RANKING CHART
  350         (c) LEVEL 3
  351  
  352  
  353  FloridaStatute    FelonyDegree           Description            
  354  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
  355  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
  356  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
  357  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  358  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  359  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  360  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
  361  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  362  327.35(2)(b)         3rd   Felony BUI.                       
  363  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  364  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  365  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  366  379.2431 (1)(e)5.    3rd   Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  367  379.2431 (1)(e)6.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  368  400.9935(4)          3rd   Operating a clinic without a license or filing false license application or other required information.
  369  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  370  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
  371  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
  372  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  373  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
  374  697.08               3rd   Equity skimming.                  
  375  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
  376  796.05(1)            3rd   Live on earnings of a prostitute. 
  377  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  378  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
  379  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  380  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
  381  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  382  815.04(4)(b)         2nd   Computer offense devised to defraud or obtain property.
  383  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  384  817.233              3rd   Burning to defraud insurer.       
  385  817.234 (8)(b)-(c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  386  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
  387  817.236              3rd   Filing a false motor vehicle insurance application.
  388  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  389  817.413(2)           3rd   Sale of used goods as new.        
  390  817.505(4)           3rd   Patient brokering.                
  391  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  392  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  393  831.29               2nd   Possession of instruments for counterfeiting drivers’ licenses or identification cards.
  394  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
  395  843.19               3rd   Injure, disable, or kill police dog or horse.
  396  860.15(3)            3rd   Overcharging for repairs and parts.
  397  870.01(2)            3rd   Riot; inciting or encouraging.    
  398  893.13(1)(a)2.       3rd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  399  893.13(1)(d)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
  400  893.13(1)(f)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
  401  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
  402  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  403  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  404  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
  405  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  406  893.13(8)(a)1.       3rd   Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  407  893.13(8)(a)2.       3rd   Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  408  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  409  893.13(8)(a)4.       3rd   Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  410  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
  411  944.47 (1)(a)1.-2.   3rd   Introduce contraband to correctional facility.
  412  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
  413  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  414         (e) LEVEL 5
  415  
  416  
  417  FloridaStatute    FelonyDegree           Description            
  418  316.027(1)(a)        3rd   Accidents involving personal injuries, failure to stop; leaving scene.
  419  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  420  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  421  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  422  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  423  379.3671 (2)(c)3.    3rd   Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  424  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  425  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  426  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  427  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  428  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  429  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  430  790.01(2)            3rd   Carrying a concealed firearm.     
  431  790.162              2nd   Threat to throw or discharge destructive device.
  432  790.163(1)           2nd   False report of deadly explosive or weapon of mass destruction.
  433  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  434  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  435  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  436  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years.
  437  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years or older.
  438  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  439  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  440  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  441  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  442  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  443  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  444  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  445  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  446  817.2341(1), (2)(a) & (3)(a)   3rd   Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  447  817.568(2)(b)        2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
  448  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  449  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  450  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  451  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  452  839.13(2)(b)         2nd   Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  453  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
  454  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  455  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  456  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  457  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  458  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 to join a criminal gang.
  459  893.13(1)(a)1.       2nd   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  460  893.13(1)(c)2.       2nd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  461  893.13(1)(d)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
  462  893.13(1)(e)2.       2nd   Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  463  893.13(1)(f)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
  464  893.13(4)(b)         2nd   Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  465  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  466         (g) LEVEL 7
  467  
  468  
  469  FloridaStatute    FelonyDegree           Description            
  470  316.027(1)(b)        1st   Accident involving death, failure to stop; leaving scene.
  471  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
  472  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.
  473  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
  474  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  475  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
  476  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  477  456.065(2)           3rd   Practicing a health care profession without a license.
  478  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
  479  458.327(1)           3rd   Practicing medicine without a license.
  480  459.013(1)           3rd   Practicing osteopathic medicine without a license.
  481  460.411(1)           3rd   Practicing chiropractic medicine without a license.
  482  461.012(1)           3rd   Practicing podiatric medicine without a license.
  483  462.17               3rd   Practicing naturopathy without a license.
  484  463.015(1)           3rd   Practicing optometry without a license.
  485  464.016(1)           3rd   Practicing nursing without a license.
  486  465.015(2)           3rd   Practicing pharmacy without a license.
  487  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
  488  467.201              3rd   Practicing midwifery without a license.
  489  468.366              3rd   Delivering respiratory care services without a license.
  490  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
  491  483.901(9)           3rd   Practicing medical physics without a license.
  492  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
  493  484.053              3rd   Dispensing hearing aids without a license.
  494  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.
  495  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.
  496  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  497  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  498  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  499  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
  500  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  501  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  502  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  503  782.071              2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  504  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  505  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  506  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
  507  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
  508  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
  509  784.048(7)           3rd   Aggravated stalking; violation of court order.
  510  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
  511  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
  512  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
  513  784.081(1)           1st   Aggravated battery on specified official or employee.
  514  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
  515  784.083(1)           1st   Aggravated battery on code inspector.
  516  787.06(3)(a)2.       1st   Human trafficking using coercion for labor and services of an adult.
  517  787.06(3)(e)2.       1st   Human trafficking using coercion for labor and services by the transfer or transport of an adult any individual from outside Florida to within the state.
  518  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  519  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
  520  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
  521  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  522  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  523  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  524  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  525  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.
  526  796.03               2nd   Procuring any person under 16 years for prostitution.
  527  796.05(1)            1st   Live on earnings of a prostitute; 2nd offense.
  528  796.05(1)            1st   Live on earnings of a prostitute; 3rd and subsequent offense.
  529  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  530  800.04(5)(c)2.       2nd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
  531  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
  532  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  533  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  534  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  535  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
  536  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.
  537  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  538  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  539  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  540  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
  541  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  542  812.131(2)(a)        2nd   Robbery by sudden snatching.      
  543  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
  544  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
  545  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  546  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  547  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
  548  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.
  549  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
  550  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  551  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.
  552  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  553  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  554  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
  555  838.015              2nd   Bribery.                          
  556  838.016              2nd   Unlawful compensation or reward for official behavior.
  557  838.021(3)(a)        2nd   Unlawful harm to a public servant.
  558  838.22               2nd   Bid tampering.                    
  559  843.0855(2)          3rd   Impersonation of a public officer or employee.
  560  843.0855(3)          3rd   Unlawful simulation of legal process.
  561  843.0855(4)          3rd   Intimidation of a public officer or employee.
  562  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  563  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
  564  872.06               2nd   Abuse of a dead human body.       
  565  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  566  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  567  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.
  568  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.
  569  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).
  570  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  571  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  572  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  573  893.135(1)(d)1.      1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  574  893.135(1)(e)1.      1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  575  893.135(1)(f)1.      1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  576  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  577  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  578  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  579  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  580  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  581  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  582  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  583  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  584  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  585  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
  586  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  587  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  588  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
  589  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  590  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  591  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  592  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  593  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  594  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  595         (h) LEVEL 8
  596  
  597  
  598  FloridaStatute    FelonyDegree           Description            
  599  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                 
  600  316.1935(4)(b)       1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
  601  327.35(3)(c)3.       2nd   Vessel BUI manslaughter.          
  602  499.0051(7)          1st   Knowing trafficking in contraband prescription drugs.
  603  499.0051(8)          1st   Knowing forgery of prescription labels or prescription drug labels.
  604  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.
  605  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.
  606  655.50(10)(b)2.      2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  607  777.03(2)(a)         1st   Accessory after the fact, capital felony.
  608  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.
  609  782.051(2)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  610  782.071(1)(b)        1st   Committing vehicular homicide and failing to render aid or give information.
  611  782.072(2)           1st   Committing vessel homicide and failing to render aid or give information.
  612  787.06(3)(a)1.       1st   Human trafficking for labor and services of a child.
  613  787.06(3)(b)         1st   Human trafficking using coercion for commercial sexual activity of an adult.
  614  787.06(3)(c)2.       1st   Human trafficking using coercion for labor and services of an unauthorized alien adult.
  615  787.06(3)(e)1.       1st   Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
  616  787.06(3)(f)2.       1st   Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult individual from outside Florida to within the state.
  617  790.161(3)           1st   Discharging a destructive device which results in bodily harm or property damage.
  618  794.011(5)           2nd   Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  619  794.08(3)            2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  620  800.04(4)            2nd   Lewd or lascivious battery.       
  621  806.01(1)            1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  622  810.02(2)(a)       1st,PBL Burglary with assault or battery. 
  623  810.02(2)(b)       1st,PBL Burglary; armed with explosives or dangerous weapon.
  624  810.02(2)(c)         1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  625  812.014(2)(a)2.      1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  626  812.13(2)(b)         1st   Robbery with a weapon.            
  627  812.135(2)(c)        1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  628  817.535(2)(b)        2nd   Filing false lien or other unauthorized document; second or subsequent offense.
  629  817.535(3)(a)        2nd   Filing false lien or other unauthorized document; property owner is a public officer or employee.
  630  817.535(4)(a)1.      2nd   Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  631  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.
  632  817.568(6)           2nd   Fraudulent use of personal identification information of an individual under the age of 18.
  633  825.102(2)           1st   Aggravated abuse of an elderly person or disabled adult.
  634  825.1025(2)          2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
  635  825.103(2)(a)        1st   Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  636  837.02(2)            2nd   Perjury in official proceedings relating to prosecution of a capital felony.
  637  837.021(2)           2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  638  860.121(2)(c)        1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  639  860.16               1st   Aircraft piracy.                  
  640  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).
  641  893.13(2)(b)         1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  642  893.13(6)(c)         1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  643  893.135(1)(a)2.      1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  644  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 200 grams, less than 400 grams.
  645  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  646  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  647  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  648  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  649  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  650  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  651  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  652  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  653  893.1351(3)          1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
  654  895.03(1)            1st   Use or invest proceeds derived from pattern of racketeering activity.
  655  895.03(2)            1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  656  895.03(3)            1st   Conduct or participate in any enterprise through pattern of racketeering activity.
  657  896.101(5)(b)        2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  658  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.
  659         (i) LEVEL 9
  660  
  661  
  662  FloridaStatute    FelonyDegree           Description            
  663  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  664  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
  665  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more.
  666  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  667  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  668  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  669  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  670  775.0844             1st   Aggravated white collar crime.    
  671  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  672  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.
  673  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  674  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  675  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  676  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  677  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  678  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.
  679  787.06(3)(c)1.       1st   Human trafficking for labor and services of an unauthorized alien child.
  680  787.06(3)(d)         1st   Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
  681  787.06(3)(f)1.     1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of a child from outside Florida to within the state.
  682  787.06(3)(g)       1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
  683  787.06(4)            1st   Selling or buying of minors into human trafficking.
  684  790.161              1st   Attempted capital destructive device offense.
  685  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  686  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  687  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  688  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
  689  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  690  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  691  796.035              1st   Selling or buying of minors into prostitution.
  692  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  693  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  694  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  695  812.135(2)(b)        1st   Home-invasion robbery with weapon.
  696  817.535(3)(b)        1st   Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
  697  817.535(4)(a)2.      1st   Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
  698  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.
  699  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.
  700  827.03(2)(a)         1st   Aggravated child abuse.           
  701  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  702  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  703  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.
  704  893.135              1st   Attempted capital trafficking offense.
  705  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  706  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  707  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  708  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
  709  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  710  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
  711  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  712  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
  713  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  714  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  715  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  716         (j) LEVEL 10
  717  
  718  
  719  FloridaStatute    FelonyDegree           Description            
  720  499.0051(10)         1st   Knowing sale or purchase of contraband prescription drugs resulting in death.
  721  782.04(2)          1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
  722  782.07(3)            1st   Aggravated manslaughter of a child.
  723  787.01(1)(a)3.     1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
  724  787.01(3)(a)        Life   Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  725  787.06(3)(g) 787.06(3)(h)  Life   Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person 15.
  726  787.06(4)(a)        Life   Selling or buying of minors into human trafficking.
  727  794.011(3)          Life   Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
  728  812.135(2)(a)      1st,PBL Home-invasion robbery with firearm or other deadly weapon.
  729  876.32               1st   Treason against the state.        
  730         Section 12. Subsection (3), paragraph (a) of subsection
  731  (8), and paragraph (a) of subsection (10) of section 943.0583,
  732  Florida Statutes, are amended to read:
  733         943.0583 Human trafficking victim expunction.—
  734         (3) A person who is a victim of human trafficking may
  735  petition for the expunction of a criminal history record
  736  resulting from the arrest or filing of charges any conviction
  737  for an offense committed or reported to have been committed
  738  while the person he or she was a victim of human trafficking,
  739  which offense was committed or reported to have been committed
  740  as a part of the human trafficking scheme of which the person he
  741  or she was a victim or at the direction of an operator of the
  742  scheme, including, but not limited to, violations under chapters
  743  796 and 847, without regard to the disposition of the arrest or
  744  of any charges. However, this section does not apply to any
  745  offense listed in s. 775.084(1)(b)1. Determination of the
  746  petition under this section should be by a preponderance of the
  747  evidence. A conviction expunged under this section is deemed to
  748  have been vacated due to a substantive defect in the underlying
  749  criminal proceedings. If a person is adjudicated not guilty by
  750  reason of insanity or is found to be incompetent to stand trial
  751  for any such charge, the expunction of the criminal history
  752  record may not prevent the entry of the judgment or finding in
  753  state and national databases for use in determining eligibility
  754  to purchase or possess a firearm or to carry a concealed
  755  firearm, as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s.
  756  922(t), nor shall it prevent any governmental agency that is
  757  authorized by state or federal law to determine eligibility to
  758  purchase or possess a firearm or to carry a concealed firearm
  759  from accessing or using the record of the judgment or finding in
  760  the course of such agency’s official duties.
  761         (8)(a) Any criminal history record of a minor or an adult
  762  that is ordered expunged by the court of original jurisdiction
  763  over the charges crime sought to be expunged pursuant to this
  764  section must be physically destroyed or obliterated by any
  765  criminal justice agency having custody of such record, except
  766  that any criminal history record in the custody of the
  767  department must be retained in all cases.
  768         (10)(a) A criminal history record ordered expunged under
  769  this section that is retained by the department is confidential
  770  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  771  Constitution, except that the record shall be made available to
  772  criminal justice agencies for their respective criminal justice
  773  purposes and to any governmental agency that is authorized by
  774  state or federal law to determine eligibility to purchase or
  775  possess a firearm or to carry a concealed firearm for use in the
  776  course of such agency’s official duties. Otherwise, such record
  777  may shall not be disclosed to any person or entity except upon
  778  order of a court of competent jurisdiction. A criminal justice
  779  agency may retain a notation indicating compliance with an order
  780  to expunge.
  781         Section 13. Subsection (2) of section 960.065, Florida
  782  Statutes, is amended to read:
  783         960.065 Eligibility for awards.—
  784         (2) A Any claim is ineligible for an award if it is filed
  785  by or on behalf of a person who:
  786         (a) Committed or aided in the commission of the crime upon
  787  which the claim for compensation was based;
  788         (b) Was engaged in an unlawful activity at the time of the
  789  crime upon which the claim for compensation is based, unless the
  790  victim was engaged in prostitution as a result of being a victim
  791  of human trafficking as described in s. 787.06(3)(b), (d), (f),
  792  or (g);
  793         (c) Was in custody or confined, regardless of conviction,
  794  in a county or municipal detention facility, a state or federal
  795  correctional facility, or a juvenile detention or commitment
  796  facility at the time of the crime upon which the claim for
  797  compensation is based;
  798         (d) Has been adjudicated as a habitual felony offender,
  799  habitual violent offender, or violent career criminal under s.
  800  775.084; or
  801         (e) Has been adjudicated guilty of a forcible felony
  802  offense as described in s. 776.08,
  803  
  804  is ineligible for an award.
  805         Section 14. Section 960.199, Florida Statutes, is amended
  806  to read:
  807         960.199 Relocation assistance for victims of sexual battery
  808  or human trafficking.—
  809         (1) The department may award a one-time payment of up to
  810  $1,500 on any one claim and a lifetime maximum of $3,000 to a
  811  victim of sexual battery as defined in s. 794.011 or of human
  812  trafficking as described in s. 787.06(3)(b), (d), (f), or (g)
  813  who needs relocation assistance.
  814         (2) In order for an award to be granted to a victim for
  815  relocation assistance:
  816         (a) There must be proof that a sexual battery offense or
  817  human trafficking offense as described in s. 787.06(3)(b), (d),
  818  (f), or (g) was committed.
  819         (b) The sexual battery offense or human trafficking offense
  820  as specified in s. 787.06(3)(b), (d), (f), or (g) must be
  821  reported to the proper authorities.
  822         (c) The victim’s need for assistance must be certified by a
  823  certified rape crisis center in this state or by the state
  824  attorney or statewide prosecutor having jurisdiction over the
  825  offense. A victim of human trafficking’s need for assistance may
  826  also be certified by a state-certified domestic violence center.
  827         (d) The center’s center certification must assert that the
  828  victim is cooperating with law enforcement officials, if
  829  applicable, and must include documentation that the victim has
  830  developed a safety plan. If the victim seeking relocation
  831  assistance is a victim of a human trafficking offense as
  832  specified in s. 787.06(3)(b), (d), (f), or (g), the certified
  833  rape crisis center’s or certified domestic violence center’s
  834  certification shall include approval of the state attorney or
  835  statewide prosecutor, who shall attest that the victim is
  836  cooperating with law enforcement officials, if applicable.
  837         (e) The act of sexual battery or human trafficking as
  838  specified in s. 787.06(3)(b), (d), (f), or (g) must be committed
  839  in the victim’s place of residence or in a location that would
  840  lead the victim to reasonably fear for his or her continued
  841  safety in the place of residence.
  842         (3) Relocation payments for a sexual battery or human
  843  trafficking claim under this section shall be denied if the
  844  department has previously approved or paid out a domestic
  845  violence relocation claim under s. 960.198 to the same victim
  846  regarding the same incident.
  847         Section 15. Paragraph (g) of subsection (67) of section
  848  39.01, Florida Statutes, is amended to read:
  849         39.01 Definitions.—When used in this chapter, unless the
  850  context otherwise requires:
  851         (67) “Sexual abuse of a child” for purposes of finding a
  852  child to be dependent means one or more of the following acts:
  853         (g) The sexual exploitation of a child, which includes the
  854  act of a child offering to engage in or engaging in
  855  prostitution, provided that the child is not under arrest or is
  856  not being prosecuted in a delinquency or criminal proceeding for
  857  a violation of any offense in chapter 796 based on such
  858  behavior; or allowing, encouraging, or forcing a child to:
  859         1. Solicit for or engage in prostitution;
  860         2. Engage in a sexual performance, as defined by chapter
  861  827; or
  862         3. Participate in the trade of human sex trafficking as
  863  provided in s. 787.06(3)(g) s. 796.035.
  864         Section 16. Paragraphs (b) and (c) of subsection (2) of
  865  section 90.404, Florida Statutes, are amended to read:
  866         90.404 Character evidence; when admissible.—
  867         (2) OTHER CRIMES, WRONGS, OR ACTS.—
  868         (b)1. In a criminal case in which the defendant is charged
  869  with a crime involving child molestation, evidence of the
  870  defendant’s commission of other crimes, wrongs, or acts of child
  871  molestation is admissible and may be considered for its bearing
  872  on any matter to which it is relevant.
  873         2. For the purposes of this paragraph, the term “child
  874  molestation” means conduct proscribed by s. 787.025(2)(c), s.
  875  787.06(3)(g) and (h), s. 794.011, excluding s. 794.011(10), s.
  876  794.05, s. 796.03, s. 796.035, s. 800.04, s. 827.071, s.
  877  847.0135(5), s. 847.0145, or s. 985.701(1) when committed
  878  against a person 16 years of age or younger.
  879         (c)1. In a criminal case in which the defendant is charged
  880  with a sexual offense, evidence of the defendant’s commission of
  881  other crimes, wrongs, or acts involving a sexual offense is
  882  admissible and may be considered for its bearing on any matter
  883  to which it is relevant.
  884         2. For the purposes of this paragraph, the term “sexual
  885  offense” means conduct proscribed by s. 787.025(2)(c),s.
  886  787.06(3)(b), (d), (f), or (g), or (h), s. 794.011, excluding s.
  887  794.011(10), s. 794.05, s. 796.03, s. 796.035, s.
  888  825.1025(2)(b), s. 827.071, s. 847.0135(5), s. 847.0145, or s.
  889  985.701(1).
  890         Section 17. Paragraph (a) of subsection (1) of section
  891  772.102, Florida Statutes, is amended to read:
  892         772.102 Definitions.—As used in this chapter, the term:
  893         (1) “Criminal activity” means to commit, to attempt to
  894  commit, to conspire to commit, or to solicit, coerce, or
  895  intimidate another person to commit:
  896         (a) Any crime that is chargeable by indictment or
  897  information under the following provisions:
  898         1. Section 210.18, relating to evasion of payment of
  899  cigarette taxes.
  900         2. Section 414.39, relating to public assistance fraud.
  901         3. Section 440.105 or s. 440.106, relating to workers’
  902  compensation.
  903         4. Part IV of chapter 501, relating to telemarketing.
  904         5. Chapter 517, relating to securities transactions.
  905         6. Section 550.235 or s. 550.3551, relating to dogracing
  906  and horseracing.
  907         7. Chapter 550, relating to jai alai frontons.
  908         8. Chapter 552, relating to the manufacture, distribution,
  909  and use of explosives.
  910         9. Chapter 562, relating to beverage law enforcement.
  911         10. Section 624.401, relating to transacting insurance
  912  without a certificate of authority, s. 624.437(4)(c)1., relating
  913  to operating an unauthorized multiple-employer welfare
  914  arrangement, or s. 626.902(1)(b), relating to representing or
  915  aiding an unauthorized insurer.
  916         11. Chapter 687, relating to interest and usurious
  917  practices.
  918         12. Section 721.08, s. 721.09, or s. 721.13, relating to
  919  real estate timeshare plans.
  920         13. Chapter 782, relating to homicide.
  921         14. Chapter 784, relating to assault and battery.
  922         15. Chapter 787, relating to kidnapping or human
  923  trafficking.
  924         16. Chapter 790, relating to weapons and firearms.
  925         17. Section 796.03, s. 796.04, s. 796.05, or s. 796.07,
  926  relating to prostitution.
  927         18. Chapter 806, relating to arson.
  928         19. Section 810.02(2)(c), relating to specified burglary of
  929  a dwelling or structure.
  930         20. Chapter 812, relating to theft, robbery, and related
  931  crimes.
  932         21. Chapter 815, relating to computer-related crimes.
  933         22. Chapter 817, relating to fraudulent practices, false
  934  pretenses, fraud generally, and credit card crimes.
  935         23. Section 827.071, relating to commercial sexual
  936  exploitation of children.
  937         24. Chapter 831, relating to forgery and counterfeiting.
  938         25. Chapter 832, relating to issuance of worthless checks
  939  and drafts.
  940         26. Section 836.05, relating to extortion.
  941         27. Chapter 837, relating to perjury.
  942         28. Chapter 838, relating to bribery and misuse of public
  943  office.
  944         29. Chapter 843, relating to obstruction of justice.
  945         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  946  s. 847.07, relating to obscene literature and profanity.
  947         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
  948  849.25, relating to gambling.
  949         32. Chapter 893, relating to drug abuse prevention and
  950  control.
  951         33. Section 914.22 or s. 914.23, relating to witnesses,
  952  victims, or informants.
  953         34. Section 918.12 or s. 918.13, relating to tampering with
  954  jurors and evidence.
  955         Section 18. Paragraph (m) of subsection (1) of section
  956  775.0877, Florida Statutes, is amended to read:
  957         775.0877 Criminal transmission of HIV; procedures;
  958  penalties.—
  959         (1) In any case in which a person has been convicted of or
  960  has pled nolo contendere or guilty to, regardless of whether
  961  adjudication is withheld, any of the following offenses, or the
  962  attempt thereof, which offense or attempted offense involves the
  963  transmission of body fluids from one person to another:
  964         (m) Sections 796.03, 796.07, and 796.08, relating to
  965  prostitution; or
  966  
  967  the court shall order the offender to undergo HIV testing, to be
  968  performed under the direction of the Department of Health in
  969  accordance with s. 381.004, unless the offender has undergone
  970  HIV testing voluntarily or pursuant to procedures established in
  971  s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
  972  rule providing for HIV testing of criminal offenders or inmates,
  973  subsequent to her or his arrest for an offense enumerated in
  974  paragraphs (a)-(n) for which she or he was convicted or to which
  975  she or he pled nolo contendere or guilty. The results of an HIV
  976  test performed on an offender pursuant to this subsection are
  977  not admissible in any criminal proceeding arising out of the
  978  alleged offense.
  979         Section 19. Paragraph (a) of subsection (4) and paragraph
  980  (b) of subsection (10) of section 775.21, Florida Statutes, are
  981  amended to read:
  982         775.21 The Florida Sexual Predators Act.—
  983         (4) SEXUAL PREDATOR CRITERIA.—
  984         (a) For a current offense committed on or after October 1,
  985  1993, upon conviction, an offender shall be designated as a
  986  “sexual predator” under subsection (5), and subject to
  987  registration under subsection (6) and community and public
  988  notification under subsection (7) if:
  989         1. The felony is:
  990         a. A capital, life, or first-degree felony violation, or
  991  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  992  is a minor and the defendant is not the victim’s parent or
  993  guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
  994  violation of a similar law of another jurisdiction; or
  995         b. Any felony violation, or any attempt thereof, of s.
  996  787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
  997  minor and the defendant is not the victim’s parent or guardian;
  998  s. 787.06(3)(b), (d), (f), or (g), or (h); s. 794.011, excluding
  999  s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
 1000  810.145(8)(b); s. 825.1025(2)(b); s. 827.071; s. 847.0135(5); s.
 1001  847.0145; or s. 985.701(1); or a violation of a similar law of
 1002  another jurisdiction, and the offender has previously been
 1003  convicted of or found to have committed, or has pled nolo
 1004  contendere or guilty to, regardless of adjudication, any
 1005  violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 1006  the victim is a minor and the defendant is not the victim’s
 1007  parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
 1008  s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
 1009  796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
 1010  847.0135, excluding s. 847.0135(6); s. 847.0145; or s.
 1011  985.701(1); or a violation of a similar law of another
 1012  jurisdiction;
 1013         2. The offender has not received a pardon for any felony or
 1014  similar law of another jurisdiction that is necessary for the
 1015  operation of this paragraph; and
 1016         3. A conviction of a felony or similar law of another
 1017  jurisdiction necessary to the operation of this paragraph has
 1018  not been set aside in any postconviction proceeding.
 1019         (10) PENALTIES.—
 1020         (b) A sexual predator who has been convicted of or found to
 1021  have committed, or has pled nolo contendere or guilty to,
 1022  regardless of adjudication, any violation, or attempted
 1023  violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 1024  the victim is a minor and the defendant is not the victim’s
 1025  parent or guardian; s. 794.011, excluding s. 794.011(10); s.
 1026  794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s.
 1027  847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a
 1028  violation of a similar law of another jurisdiction when the
 1029  victim of the offense was a minor, and who works, whether for
 1030  compensation or as a volunteer, at any business, school, child
 1031  care facility, park, playground, or other place where children
 1032  regularly congregate, commits a felony of the third degree,
 1033  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1034         Section 20. Paragraph (a) of subsection (3) of section
 1035  787.01, Florida Statutes, is amended to read:
 1036         787.01 Kidnapping; kidnapping of child under age 13,
 1037  aggravating circumstances.—
 1038         (3)(a) A person who commits the offense of kidnapping upon
 1039  a child under the age of 13 and who, in the course of committing
 1040  the offense, commits one or more of the following:
 1041         1. Aggravated child abuse, as defined in s. 827.03;
 1042         2. Sexual battery, as defined in chapter 794, against the
 1043  child;
 1044         3. Lewd or lascivious battery, lewd or lascivious
 1045  molestation, lewd or lascivious conduct, or lewd or lascivious
 1046  exhibition, in violation of s. 800.04 or s. 847.0135(5);
 1047         4. A violation of s. 796.03 or s. 796.04, relating to
 1048  prostitution, upon the child; or
 1049         5. Exploitation of the child or allowing the child to be
 1050  exploited, in violation of s. 450.151,
 1051  
 1052  commits a life felony, punishable as provided in s. 775.082, s.
 1053  775.083, or s. 775.084.
 1054         Section 21. Paragraph (a) of subsection (3) of section
 1055  787.02, Florida Statutes, is amended to read:
 1056         787.02 False imprisonment; false imprisonment of child
 1057  under age 13, aggravating circumstances.—
 1058         (3)(a) A person who commits the offense of false
 1059  imprisonment upon a child under the age of 13 and who, in the
 1060  course of committing the offense, commits any offense enumerated
 1061  in subparagraphs 1.-5., commits a felony of the first degree,
 1062  punishable by imprisonment for a term of years not exceeding
 1063  life or as provided in s. 775.082, s. 775.083, or s. 775.084.
 1064         1. Aggravated child abuse, as defined in s. 827.03;
 1065         2. Sexual battery, as defined in chapter 794, against the
 1066  child;
 1067         3. Lewd or lascivious battery, lewd or lascivious
 1068  molestation, lewd or lascivious conduct, or lewd or lascivious
 1069  exhibition, in violation of s. 800.04 or s. 847.0135(5);
 1070         4. A violation of s. 796.03 or s. 796.04, relating to
 1071  prostitution, upon the child; or
 1072         5. Exploitation of the child or allowing the child to be
 1073  exploited, in violation of s. 450.151.
 1074         Section 22. Subsection (1) of section 794.056, Florida
 1075  Statutes, is amended to read:
 1076         794.056 Rape Crisis Program Trust Fund.—
 1077         (1) The Rape Crisis Program Trust Fund is created within
 1078  the Department of Health for the purpose of providing funds for
 1079  rape crisis centers in this state. Trust fund moneys shall be
 1080  used exclusively for the purpose of providing services for
 1081  victims of sexual assault. Funds credited to the trust fund
 1082  consist of those funds collected as an additional court
 1083  assessment in each case in which a defendant pleads guilty or
 1084  nolo contendere to, or is found guilty of, regardless of
 1085  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 1086  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 1087  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 1088  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 1089  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 1090  s. 796.03; s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 1091  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 1092  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 1093  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 1094  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 1095  (14)(c); or s. 985.701(1). Funds credited to the trust fund also
 1096  shall include revenues provided by law, moneys appropriated by
 1097  the Legislature, and grants from public or private entities.
 1098         Section 23. Subsection (1) of section 856.022, Florida
 1099  Statutes, is amended to read:
 1100         856.022 Loitering or prowling by certain offenders in close
 1101  proximity to children; penalty.—
 1102         (1) Except as provided in subsection (2), this section
 1103  applies to a person convicted of committing, or attempting,
 1104  soliciting, or conspiring to commit, any of the criminal
 1105  offenses proscribed in the following statutes in this state or
 1106  similar offenses in another jurisdiction against a victim who
 1107  was under 18 years of age at the time of the offense: s. 787.01,
 1108  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
 1109  the offender was not the victim’s parent or guardian; s.
 1110  794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
 1111  796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
 1112  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
 1113  847.0145; s. 985.701(1); or any similar offense committed in
 1114  this state which has been redesignated from a former statute
 1115  number to one of those listed in this subsection, if the person
 1116  has not received a pardon for any felony or similar law of
 1117  another jurisdiction necessary for the operation of this
 1118  subsection and a conviction of a felony or similar law of
 1119  another jurisdiction necessary for the operation of this
 1120  subsection has not been set aside in any postconviction
 1121  proceeding.
 1122         Section 24. Paragraph (a) of subsection (1) of section
 1123  895.02, Florida Statutes, is amended to read:
 1124         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
 1125         (1) “Racketeering activity” means to commit, to attempt to
 1126  commit, to conspire to commit, or to solicit, coerce, or
 1127  intimidate another person to commit:
 1128         (a) Any crime that is chargeable by petition, indictment,
 1129  or information under the following provisions of the Florida
 1130  Statutes:
 1131         1. Section 210.18, relating to evasion of payment of
 1132  cigarette taxes.
 1133         2. Section 316.1935, relating to fleeing or attempting to
 1134  elude a law enforcement officer and aggravated fleeing or
 1135  eluding.
 1136         3. Section 403.727(3)(b), relating to environmental
 1137  control.
 1138         4. Section 409.920 or s. 409.9201, relating to Medicaid
 1139  fraud.
 1140         5. Section 414.39, relating to public assistance fraud.
 1141         6. Section 440.105 or s. 440.106, relating to workers’
 1142  compensation.
 1143         7. Section 443.071(4), relating to creation of a fictitious
 1144  employer scheme to commit reemployment assistance fraud.
 1145         8. Section 465.0161, relating to distribution of medicinal
 1146  drugs without a permit as an Internet pharmacy.
 1147         9. Section 499.0051, relating to crimes involving
 1148  contraband and adulterated drugs.
 1149         10. Part IV of chapter 501, relating to telemarketing.
 1150         11. Chapter 517, relating to sale of securities and
 1151  investor protection.
 1152         12. Section 550.235 or s. 550.3551, relating to dogracing
 1153  and horseracing.
 1154         13. Chapter 550, relating to jai alai frontons.
 1155         14. Section 551.109, relating to slot machine gaming.
 1156         15. Chapter 552, relating to the manufacture, distribution,
 1157  and use of explosives.
 1158         16. Chapter 560, relating to money transmitters, if the
 1159  violation is punishable as a felony.
 1160         17. Chapter 562, relating to beverage law enforcement.
 1161         18. Section 624.401, relating to transacting insurance
 1162  without a certificate of authority, s. 624.437(4)(c)1., relating
 1163  to operating an unauthorized multiple-employer welfare
 1164  arrangement, or s. 626.902(1)(b), relating to representing or
 1165  aiding an unauthorized insurer.
 1166         19. Section 655.50, relating to reports of currency
 1167  transactions, when such violation is punishable as a felony.
 1168         20. Chapter 687, relating to interest and usurious
 1169  practices.
 1170         21. Section 721.08, s. 721.09, or s. 721.13, relating to
 1171  real estate timeshare plans.
 1172         22. Section 775.13(5)(b), relating to registration of
 1173  persons found to have committed any offense for the purpose of
 1174  benefiting, promoting, or furthering the interests of a criminal
 1175  gang.
 1176         23. Section 777.03, relating to commission of crimes by
 1177  accessories after the fact.
 1178         24. Chapter 782, relating to homicide.
 1179         25. Chapter 784, relating to assault and battery.
 1180         26. Chapter 787, relating to kidnapping or human
 1181  trafficking.
 1182         27. Chapter 790, relating to weapons and firearms.
 1183         28. Chapter 794, relating to sexual battery, but only if
 1184  such crime was committed with the intent to benefit, promote, or
 1185  further the interests of a criminal gang, or for the purpose of
 1186  increasing a criminal gang member’s own standing or position
 1187  within a criminal gang.
 1188         29. Section 796.03, s. 796.035, s. 796.04, s. 796.05, or s.
 1189  796.07, relating to prostitution and sex trafficking.
 1190         30. Chapter 806, relating to arson and criminal mischief.
 1191         31. Chapter 810, relating to burglary and trespass.
 1192         32. Chapter 812, relating to theft, robbery, and related
 1193  crimes.
 1194         33. Chapter 815, relating to computer-related crimes.
 1195         34. Chapter 817, relating to fraudulent practices, false
 1196  pretenses, fraud generally, and credit card crimes.
 1197         35. Chapter 825, relating to abuse, neglect, or
 1198  exploitation of an elderly person or disabled adult.
 1199         36. Section 827.071, relating to commercial sexual
 1200  exploitation of children.
 1201         37. Section 828.122, relating to fighting or baiting
 1202  animals.
 1203         38. Chapter 831, relating to forgery and counterfeiting.
 1204         39. Chapter 832, relating to issuance of worthless checks
 1205  and drafts.
 1206         40. Section 836.05, relating to extortion.
 1207         41. Chapter 837, relating to perjury.
 1208         42. Chapter 838, relating to bribery and misuse of public
 1209  office.
 1210         43. Chapter 843, relating to obstruction of justice.
 1211         44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 1212  s. 847.07, relating to obscene literature and profanity.
 1213         45. Chapter 849, relating to gambling, lottery, gambling or
 1214  gaming devices, slot machines, or any of the provisions within
 1215  that chapter.
 1216         46. Chapter 874, relating to criminal gangs.
 1217         47. Chapter 893, relating to drug abuse prevention and
 1218  control.
 1219         48. Chapter 896, relating to offenses related to financial
 1220  transactions.
 1221         49. Sections 914.22 and 914.23, relating to tampering with
 1222  or harassing a witness, victim, or informant, and retaliation
 1223  against a witness, victim, or informant.
 1224         50. Sections 918.12 and 918.13, relating to tampering with
 1225  jurors and evidence.
 1226         Section 25. Section 938.085, Florida Statutes, is amended
 1227  to read:
 1228         938.085 Additional cost to fund rape crisis centers.—In
 1229  addition to any sanction imposed when a person pleads guilty or
 1230  nolo contendere to, or is found guilty of, regardless of
 1231  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 1232  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 1233  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 1234  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 1235  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; s. 796.03;
 1236  s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 796.07(2)(a)-(d)
 1237  and (i); s. 800.03; s. 800.04; s. 810.14; s. 810.145; s.
 1238  812.135; s. 817.025; s. 825.102; s. 825.1025; s. 827.071; s.
 1239  836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 847.0145;
 1240  s. 943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s.
 1241  985.701(1), the court shall impose a surcharge of $151. Payment
 1242  of the surcharge shall be a condition of probation, community
 1243  control, or any other court-ordered supervision. The sum of $150
 1244  of the surcharge shall be deposited into the Rape Crisis Program
 1245  Trust Fund established within the Department of Health by
 1246  chapter 2003-140, Laws of Florida. The clerk of the court shall
 1247  retain $1 of each surcharge that the clerk of the court collects
 1248  as a service charge of the clerk’s office.
 1249         Section 26. Subsection (1) of section 938.10, Florida
 1250  Statutes, is amended to read:
 1251         938.10 Additional court cost imposed in cases of certain
 1252  crimes.—
 1253         (1) If a person pleads guilty or nolo contendere to, or is
 1254  found guilty of, regardless of adjudication, any offense against
 1255  a minor in violation of s. 784.085, chapter 787, chapter 794, s.
 1256  796.03, s. 796.035, s. 800.04, chapter 827, s. 847.012, s.
 1257  847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145, s.
 1258  893.147(3), or s. 985.701, or any offense in violation of s.
 1259  775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
 1260  court shall impose a court cost of $151 against the offender in
 1261  addition to any other cost or penalty required by law.
 1262         Section 27. Paragraph (a) of subsection (1) of section
 1263  943.0435, Florida Statutes, is amended to read:
 1264         943.0435 Sexual offenders required to register with the
 1265  department; penalty.—
 1266         (1) As used in this section, the term:
 1267         (a)1. “Sexual offender” means a person who meets the
 1268  criteria in sub-subparagraph a., sub-subparagraph b., sub
 1269  subparagraph c., or sub-subparagraph d., as follows:
 1270         a.(I) Has been convicted of committing, or attempting,
 1271  soliciting, or conspiring to commit, any of the criminal
 1272  offenses proscribed in the following statutes in this state or
 1273  similar offenses in another jurisdiction: s. 787.01, s. 787.02,
 1274  or s. 787.025(2)(c), where the victim is a minor and the
 1275  defendant is not the victim’s parent or guardian; s.
 1276  787.06(3)(b), (d), (f), or (g), or (h); s. 794.011, excluding s.
 1277  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
 1278  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 1279  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1280  or s. 985.701(1); or any similar offense committed in this state
 1281  which has been redesignated from a former statute number to one
 1282  of those listed in this sub-sub-subparagraph; and
 1283         (II) Has been released on or after October 1, 1997, from
 1284  the sanction imposed for any conviction of an offense described
 1285  in sub-sub-subparagraph (I). For purposes of sub-sub
 1286  subparagraph (I), a sanction imposed in this state or in any
 1287  other jurisdiction includes, but is not limited to, a fine,
 1288  probation, community control, parole, conditional release,
 1289  control release, or incarceration in a state prison, federal
 1290  prison, private correctional facility, or local detention
 1291  facility;
 1292         b. Establishes or maintains a residence in this state and
 1293  who has not been designated as a sexual predator by a court of
 1294  this state but who has been designated as a sexual predator, as
 1295  a sexually violent predator, or by another sexual offender
 1296  designation in another state or jurisdiction and was, as a
 1297  result of such designation, subjected to registration or
 1298  community or public notification, or both, or would be if the
 1299  person were a resident of that state or jurisdiction, without
 1300  regard to whether the person otherwise meets the criteria for
 1301  registration as a sexual offender;
 1302         c. Establishes or maintains a residence in this state who
 1303  is in the custody or control of, or under the supervision of,
 1304  any other state or jurisdiction as a result of a conviction for
 1305  committing, or attempting, soliciting, or conspiring to commit,
 1306  any of the criminal offenses proscribed in the following
 1307  statutes or similar offense in another jurisdiction: s. 787.01,
 1308  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
 1309  the defendant is not the victim’s parent or guardian; s.
 1310  787.06(3)(b), (d), (f), or (g), or (h); s. 794.011, excluding s.
 1311  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
 1312  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 1313  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1314  or s. 985.701(1); or any similar offense committed in this state
 1315  which has been redesignated from a former statute number to one
 1316  of those listed in this sub-subparagraph; or
 1317         d. On or after July 1, 2007, has been adjudicated
 1318  delinquent for committing, or attempting, soliciting, or
 1319  conspiring to commit, any of the criminal offenses proscribed in
 1320  the following statutes in this state or similar offenses in
 1321  another jurisdiction when the juvenile was 14 years of age or
 1322  older at the time of the offense:
 1323         (I) Section 794.011, excluding s. 794.011(10);
 1324         (II) Section 800.04(4)(b) where the victim is under 12
 1325  years of age or where the court finds sexual activity by the use
 1326  of force or coercion;
 1327         (III) Section 800.04(5)(c)1. where the court finds
 1328  molestation involving unclothed genitals; or
 1329         (IV) Section 800.04(5)(d) where the court finds the use of
 1330  force or coercion and unclothed genitals.
 1331         2. For all qualifying offenses listed in sub-subparagraph
 1332  (1)(a)1.d., the court shall make a written finding of the age of
 1333  the offender at the time of the offense.
 1334  
 1335  For each violation of a qualifying offense listed in this
 1336  subsection, the court shall make a written finding of the age of
 1337  the victim at the time of the offense. For a violation of s.
 1338  800.04(4), the court shall additionally make a written finding
 1339  indicating that the offense did or did not involve sexual
 1340  activity and indicating that the offense did or did not involve
 1341  force or coercion. For a violation of s. 800.04(5), the court
 1342  shall additionally make a written finding that the offense did
 1343  or did not involve unclothed genitals or genital area and that
 1344  the offense did or did not involve the use of force or coercion.
 1345         Section 28. Section 943.0585, Florida Statutes, is amended
 1346  to read:
 1347         943.0585 Court-ordered expunction of criminal history
 1348  records.—The courts of this state have jurisdiction over their
 1349  own procedures, including the maintenance, expunction, and
 1350  correction of judicial records containing criminal history
 1351  information to the extent such procedures are not inconsistent
 1352  with the conditions, responsibilities, and duties established by
 1353  this section. Any court of competent jurisdiction may order a
 1354  criminal justice agency to expunge the criminal history record
 1355  of a minor or an adult who complies with the requirements of
 1356  this section. The court may shall not order a criminal justice
 1357  agency to expunge a criminal history record until the person
 1358  seeking to expunge a criminal history record has applied for and
 1359  received a certificate of eligibility for expunction pursuant to
 1360  subsection (2). A criminal history record that relates to a
 1361  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 1362  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
 1363  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
 1364  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
 1365  or any violation specified as a predicate offense for
 1366  registration as a sexual predator pursuant to s. 775.21, without
 1367  regard to whether that offense alone is sufficient to require
 1368  such registration, or for registration as a sexual offender
 1369  pursuant to s. 943.0435, may not be expunged, without regard to
 1370  whether adjudication was withheld, if the defendant was found
 1371  guilty of or pled guilty or nolo contendere to the offense, or
 1372  if the defendant, as a minor, was found to have committed, or
 1373  pled guilty or nolo contendere to committing, the offense as a
 1374  delinquent act. The court may only order expunction of a
 1375  criminal history record pertaining to one arrest or one incident
 1376  of alleged criminal activity, except as provided in this
 1377  section. The court may, at its sole discretion, order the
 1378  expunction of a criminal history record pertaining to more than
 1379  one arrest if the additional arrests directly relate to the
 1380  original arrest. If the court intends to order the expunction of
 1381  records pertaining to such additional arrests, such intent must
 1382  be specified in the order. A criminal justice agency may not
 1383  expunge any record pertaining to such additional arrests if the
 1384  order to expunge does not articulate the intention of the court
 1385  to expunge a record pertaining to more than one arrest. This
 1386  section does not prevent the court from ordering the expunction
 1387  of only a portion of a criminal history record pertaining to one
 1388  arrest or one incident of alleged criminal activity.
 1389  Notwithstanding any law to the contrary, a criminal justice
 1390  agency may comply with laws, court orders, and official requests
 1391  of other jurisdictions relating to expunction, correction, or
 1392  confidential handling of criminal history records or information
 1393  derived therefrom. This section does not confer any right to the
 1394  expunction of any criminal history record, and any request for
 1395  expunction of a criminal history record may be denied at the
 1396  sole discretion of the court.
 1397         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
 1398  petition to a court to expunge a criminal history record is
 1399  complete only when accompanied by:
 1400         (a) A valid certificate of eligibility for expunction
 1401  issued by the department pursuant to subsection (2).
 1402         (b) The petitioner’s sworn statement attesting that the
 1403  petitioner:
 1404         1. Has never, prior to the date on which the petition is
 1405  filed, been adjudicated guilty of a criminal offense or
 1406  comparable ordinance violation, or been adjudicated delinquent
 1407  for committing any felony or a misdemeanor specified in s.
 1408  943.051(3)(b).
 1409         2. Has not been adjudicated guilty of, or adjudicated
 1410  delinquent for committing, any of the acts stemming from the
 1411  arrest or alleged criminal activity to which the petition
 1412  pertains.
 1413         3. Has never secured a prior sealing or expunction of a
 1414  criminal history record under this section, s. 943.059, former
 1415  s. 893.14, former s. 901.33, or former s. 943.058, unless
 1416  expunction is sought of a criminal history record previously
 1417  sealed for 10 years pursuant to paragraph (2)(h) and the record
 1418  is otherwise eligible for expunction.
 1419         4. Is eligible for such an expunction to the best of his or
 1420  her knowledge or belief and does not have any other petition to
 1421  expunge or any petition to seal pending before any court.
 1422  
 1423  A Any person who knowingly provides false information on such
 1424  sworn statement to the court commits a felony of the third
 1425  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1426  775.084.
 1427         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Before Prior
 1428  to petitioning the court to expunge a criminal history record, a
 1429  person seeking to expunge a criminal history record shall apply
 1430  to the department for a certificate of eligibility for
 1431  expunction. The department shall, by rule adopted pursuant to
 1432  chapter 120, establish procedures pertaining to the application
 1433  for and issuance of certificates of eligibility for expunction.
 1434  A certificate of eligibility for expunction is valid for 12
 1435  months after the date stamped on the certificate when issued by
 1436  the department. After that time, the petitioner must reapply to
 1437  the department for a new certificate of eligibility. Eligibility
 1438  for a renewed certification of eligibility must be based on the
 1439  status of the applicant and the law in effect at the time of the
 1440  renewal application. The department shall issue a certificate of
 1441  eligibility for expunction to a person who is the subject of a
 1442  criminal history record if that person:
 1443         (a) Has obtained, and submitted to the department, a
 1444  written, certified statement from the appropriate state attorney
 1445  or statewide prosecutor which indicates:
 1446         1. That an indictment, information, or other charging
 1447  document was not filed or issued in the case.
 1448         2. That an indictment, information, or other charging
 1449  document, if filed or issued in the case, was dismissed or nolle
 1450  prosequi by the state attorney or statewide prosecutor, or was
 1451  dismissed by a court of competent jurisdiction, and that none of
 1452  the charges related to the arrest or alleged criminal activity
 1453  to which the petition to expunge pertains resulted in a trial,
 1454  without regard to whether the outcome of the trial was other
 1455  than an adjudication of guilt.
 1456         3. That the criminal history record does not relate to a
 1457  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 1458  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
 1459  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
 1460  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
 1461  or any violation specified as a predicate offense for
 1462  registration as a sexual predator pursuant to s. 775.21, without
 1463  regard to whether that offense alone is sufficient to require
 1464  such registration, or for registration as a sexual offender
 1465  pursuant to s. 943.0435, where the defendant was found guilty
 1466  of, or pled guilty or nolo contendere to any such offense, or
 1467  that the defendant, as a minor, was found to have committed, or
 1468  pled guilty or nolo contendere to committing, such an offense as
 1469  a delinquent act, without regard to whether adjudication was
 1470  withheld.
 1471         (b) Remits a $75 processing fee to the department for
 1472  placement in the Department of Law Enforcement Operating Trust
 1473  Fund, unless such fee is waived by the executive director.
 1474         (c) Has submitted to the department a certified copy of the
 1475  disposition of the charge to which the petition to expunge
 1476  pertains.
 1477         (d) Has never, prior to the date on which the application
 1478  for a certificate of eligibility is filed, been adjudicated
 1479  guilty of a criminal offense or comparable ordinance violation,
 1480  or been adjudicated delinquent for committing any felony or a
 1481  misdemeanor specified in s. 943.051(3)(b).
 1482         (e) Has not been adjudicated guilty of, or adjudicated
 1483  delinquent for committing, any of the acts stemming from the
 1484  arrest or alleged criminal activity to which the petition to
 1485  expunge pertains.
 1486         (f) Has never secured a prior sealing or expunction of a
 1487  criminal history record under this section, s. 943.059, former
 1488  s. 893.14, former s. 901.33, or former s. 943.058, unless
 1489  expunction is sought of a criminal history record previously
 1490  sealed for 10 years pursuant to paragraph (h) and the record is
 1491  otherwise eligible for expunction.
 1492         (g) Is no longer under court supervision applicable to the
 1493  disposition of the arrest or alleged criminal activity to which
 1494  the petition to expunge pertains.
 1495         (h) Has previously obtained a court order sealing the
 1496  record under this section, former s. 893.14, former s. 901.33,
 1497  or former s. 943.058 for a minimum of 10 years because
 1498  adjudication was withheld or because all charges related to the
 1499  arrest or alleged criminal activity to which the petition to
 1500  expunge pertains were not dismissed prior to trial, without
 1501  regard to whether the outcome of the trial was other than an
 1502  adjudication of guilt. The requirement for the record to have
 1503  previously been sealed for a minimum of 10 years does not apply
 1504  when a plea was not entered or all charges related to the arrest
 1505  or alleged criminal activity to which the petition to expunge
 1506  pertains were dismissed prior to trial.
 1507         (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
 1508         (a) In judicial proceedings under this section, a copy of
 1509  the completed petition to expunge shall be served upon the
 1510  appropriate state attorney or the statewide prosecutor and upon
 1511  the arresting agency; however, it is not necessary to make any
 1512  agency other than the state a party. The appropriate state
 1513  attorney or the statewide prosecutor and the arresting agency
 1514  may respond to the court regarding the completed petition to
 1515  expunge.
 1516         (b) If relief is granted by the court, the clerk of the
 1517  court shall certify copies of the order to the appropriate state
 1518  attorney or the statewide prosecutor and the arresting agency.
 1519  The arresting agency is responsible for forwarding the order to
 1520  any other agency to which the arresting agency disseminated the
 1521  criminal history record information to which the order pertains.
 1522  The department shall forward the order to expunge to the Federal
 1523  Bureau of Investigation. The clerk of the court shall certify a
 1524  copy of the order to any other agency which the records of the
 1525  court reflect has received the criminal history record from the
 1526  court.
 1527         (c) For an order to expunge entered by a court prior to
 1528  July 1, 1992, the department shall notify the appropriate state
 1529  attorney or statewide prosecutor of an order to expunge which is
 1530  contrary to law because the person who is the subject of the
 1531  record has previously been convicted of a crime or comparable
 1532  ordinance violation or has had a prior criminal history record
 1533  sealed or expunged. Upon receipt of such notice, the appropriate
 1534  state attorney or statewide prosecutor shall take action, within
 1535  60 days, to correct the record and petition the court to void
 1536  the order to expunge. The department shall seal the record until
 1537  such time as the order is voided by the court.
 1538         (d) On or after July 1, 1992, the department or any other
 1539  criminal justice agency is not required to act on an order to
 1540  expunge entered by a court when such order does not comply with
 1541  the requirements of this section. Upon receipt of such an order,
 1542  the department must notify the issuing court, the appropriate
 1543  state attorney or statewide prosecutor, the petitioner or the
 1544  petitioner’s attorney, and the arresting agency of the reason
 1545  for noncompliance. The appropriate state attorney or statewide
 1546  prosecutor shall take action within 60 days to correct the
 1547  record and petition the court to void the order. No cause of
 1548  action, including contempt of court, shall arise against any
 1549  criminal justice agency for failure to comply with an order to
 1550  expunge when the petitioner for such order failed to obtain the
 1551  certificate of eligibility as required by this section or such
 1552  order does not otherwise comply with the requirements of this
 1553  section.
 1554         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
 1555  criminal history record of a minor or an adult which is ordered
 1556  expunged by a court of competent jurisdiction pursuant to this
 1557  section must be physically destroyed or obliterated by any
 1558  criminal justice agency having custody of such record; except
 1559  that any criminal history record in the custody of the
 1560  department must be retained in all cases. A criminal history
 1561  record ordered expunged that is retained by the department is
 1562  confidential and exempt from the provisions of s. 119.07(1) and
 1563  s. 24(a), Art. I of the State Constitution and not available to
 1564  any person or entity except upon order of a court of competent
 1565  jurisdiction. A criminal justice agency may retain a notation
 1566  indicating compliance with an order to expunge.
 1567         (a) The person who is the subject of a criminal history
 1568  record that is expunged under this section or under other
 1569  provisions of law, including former s. 893.14, former s. 901.33,
 1570  and former s. 943.058, may lawfully deny or fail to acknowledge
 1571  the arrests covered by the expunged record, except when the
 1572  subject of the record:
 1573         1. Is a candidate for employment with a criminal justice
 1574  agency;
 1575         2. Is a defendant in a criminal prosecution;
 1576         3. Concurrently or subsequently petitions for relief under
 1577  this section, s. 943.0583, or s. 943.059;
 1578         4. Is a candidate for admission to The Florida Bar;
 1579         5. Is seeking to be employed or licensed by or to contract
 1580  with the Department of Children and Families, the Division of
 1581  Vocational Rehabilitation within the Department of Education,
 1582  the Agency for Health Care Administration, the Agency for
 1583  Persons with Disabilities, the Department of Health, the
 1584  Department of Elderly Affairs, or the Department of Juvenile
 1585  Justice or to be employed or used by such contractor or licensee
 1586  in a sensitive position having direct contact with children, the
 1587  disabled, or the elderly; or
 1588         6. Is seeking to be employed or licensed by the Department
 1589  of Education, any district school board, any university
 1590  laboratory school, any charter school, any private or parochial
 1591  school, or any local governmental entity that licenses child
 1592  care facilities.
 1593         (b) Subject to the exceptions in paragraph (a), a person
 1594  who has been granted an expunction under this section, former s.
 1595  893.14, former s. 901.33, or former s. 943.058 may not be held
 1596  under any provision of law of this state to commit perjury or to
 1597  be otherwise liable for giving a false statement by reason of
 1598  such person’s failure to recite or acknowledge an expunged
 1599  criminal history record.
 1600         (c) Information relating to the existence of an expunged
 1601  criminal history record which is provided in accordance with
 1602  paragraph (a) is confidential and exempt from the provisions of
 1603  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 1604  except that the department shall disclose the existence of a
 1605  criminal history record ordered expunged to the entities set
 1606  forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
 1607  respective licensing, access authorization, and employment
 1608  purposes, and to criminal justice agencies for their respective
 1609  criminal justice purposes. It is unlawful for any employee of an
 1610  entity set forth in subparagraph (a)1., subparagraph (a)4.,
 1611  subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
 1612  disclose information relating to the existence of an expunged
 1613  criminal history record of a person seeking employment, access
 1614  authorization, or licensure with such entity or contractor,
 1615  except to the person to whom the criminal history record relates
 1616  or to persons having direct responsibility for employment,
 1617  access authorization, or licensure decisions. Any person who
 1618  violates this paragraph commits a misdemeanor of the first
 1619  degree, punishable as provided in s. 775.082 or s. 775.083.
 1620         (5) STATUTORY REFERENCES.—Any reference to any other
 1621  chapter, section, or subdivision of the Florida Statutes in this
 1622  section constitutes a general reference under the doctrine of
 1623  incorporation by reference.
 1624         Section 29. Section 943.059, Florida Statutes, is amended
 1625  to read:
 1626         943.059 Court-ordered sealing of criminal history records.
 1627  The courts of this state shall continue to have jurisdiction
 1628  over their own procedures, including the maintenance, sealing,
 1629  and correction of judicial records containing criminal history
 1630  information to the extent such procedures are not inconsistent
 1631  with the conditions, responsibilities, and duties established by
 1632  this section. Any court of competent jurisdiction may order a
 1633  criminal justice agency to seal the criminal history record of a
 1634  minor or an adult who complies with the requirements of this
 1635  section. The court may shall not order a criminal justice agency
 1636  to seal a criminal history record until the person seeking to
 1637  seal a criminal history record has applied for and received a
 1638  certificate of eligibility for sealing pursuant to subsection
 1639  (2). A criminal history record that relates to a violation of s.
 1640  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
 1641  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
 1642  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
 1643  s. 916.1075, a violation enumerated in s. 907.041, or any
 1644  violation specified as a predicate offense for registration as a
 1645  sexual predator pursuant to s. 775.21, without regard to whether
 1646  that offense alone is sufficient to require such registration,
 1647  or for registration as a sexual offender pursuant to s.
 1648  943.0435, may not be sealed, without regard to whether
 1649  adjudication was withheld, if the defendant was found guilty of
 1650  or pled guilty or nolo contendere to the offense, or if the
 1651  defendant, as a minor, was found to have committed or pled
 1652  guilty or nolo contendere to committing the offense as a
 1653  delinquent act. The court may only order sealing of a criminal
 1654  history record pertaining to one arrest or one incident of
 1655  alleged criminal activity, except as provided in this section.
 1656  The court may, at its sole discretion, order the sealing of a
 1657  criminal history record pertaining to more than one arrest if
 1658  the additional arrests directly relate to the original arrest.
 1659  If the court intends to order the sealing of records pertaining
 1660  to such additional arrests, such intent must be specified in the
 1661  order. A criminal justice agency may not seal any record
 1662  pertaining to such additional arrests if the order to seal does
 1663  not articulate the intention of the court to seal records
 1664  pertaining to more than one arrest. This section does not
 1665  prevent the court from ordering the sealing of only a portion of
 1666  a criminal history record pertaining to one arrest or one
 1667  incident of alleged criminal activity. Notwithstanding any law
 1668  to the contrary, a criminal justice agency may comply with laws,
 1669  court orders, and official requests of other jurisdictions
 1670  relating to sealing, correction, or confidential handling of
 1671  criminal history records or information derived therefrom. This
 1672  section does not confer any right to the sealing of any criminal
 1673  history record, and any request for sealing a criminal history
 1674  record may be denied at the sole discretion of the court.
 1675         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
 1676  petition to a court to seal a criminal history record is
 1677  complete only when accompanied by:
 1678         (a) A valid certificate of eligibility for sealing issued
 1679  by the department pursuant to subsection (2).
 1680         (b) The petitioner’s sworn statement attesting that the
 1681  petitioner:
 1682         1. Has never, prior to the date on which the petition is
 1683  filed, been adjudicated guilty of a criminal offense or
 1684  comparable ordinance violation, or been adjudicated delinquent
 1685  for committing any felony or a misdemeanor specified in s.
 1686  943.051(3)(b).
 1687         2. Has not been adjudicated guilty of or adjudicated
 1688  delinquent for committing any of the acts stemming from the
 1689  arrest or alleged criminal activity to which the petition to
 1690  seal pertains.
 1691         3. Has never secured a prior sealing or expunction of a
 1692  criminal history record under this section, s. 943.0585, former
 1693  s. 893.14, former s. 901.33, or former s. 943.058.
 1694         4. Is eligible for such a sealing to the best of his or her
 1695  knowledge or belief and does not have any other petition to seal
 1696  or any petition to expunge pending before any court.
 1697  
 1698  A Any person who knowingly provides false information on such
 1699  sworn statement to the court commits a felony of the third
 1700  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1701  775.084.
 1702         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
 1703  petitioning the court to seal a criminal history record, a
 1704  person seeking to seal a criminal history record shall apply to
 1705  the department for a certificate of eligibility for sealing. The
 1706  department shall, by rule adopted pursuant to chapter 120,
 1707  establish procedures pertaining to the application for and
 1708  issuance of certificates of eligibility for sealing. A
 1709  certificate of eligibility for sealing is valid for 12 months
 1710  after the date stamped on the certificate when issued by the
 1711  department. After that time, the petitioner must reapply to the
 1712  department for a new certificate of eligibility. Eligibility for
 1713  a renewed certification of eligibility must be based on the
 1714  status of the applicant and the law in effect at the time of the
 1715  renewal application. The department shall issue a certificate of
 1716  eligibility for sealing to a person who is the subject of a
 1717  criminal history record provided that such person:
 1718         (a) Has submitted to the department a certified copy of the
 1719  disposition of the charge to which the petition to seal
 1720  pertains.
 1721         (b) Remits a $75 processing fee to the department for
 1722  placement in the Department of Law Enforcement Operating Trust
 1723  Fund, unless such fee is waived by the executive director.
 1724         (c) Has never, prior to the date on which the application
 1725  for a certificate of eligibility is filed, been adjudicated
 1726  guilty of a criminal offense or comparable ordinance violation,
 1727  or been adjudicated delinquent for committing any felony or a
 1728  misdemeanor specified in s. 943.051(3)(b).
 1729         (d) Has not been adjudicated guilty of or adjudicated
 1730  delinquent for committing any of the acts stemming from the
 1731  arrest or alleged criminal activity to which the petition to
 1732  seal pertains.
 1733         (e) Has never secured a prior sealing or expunction of a
 1734  criminal history record under this section, s. 943.0585, former
 1735  s. 893.14, former s. 901.33, or former s. 943.058.
 1736         (f) Is no longer under court supervision applicable to the
 1737  disposition of the arrest or alleged criminal activity to which
 1738  the petition to seal pertains.
 1739         (3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
 1740         (a) In judicial proceedings under this section, a copy of
 1741  the completed petition to seal shall be served upon the
 1742  appropriate state attorney or the statewide prosecutor and upon
 1743  the arresting agency; however, it is not necessary to make any
 1744  agency other than the state a party. The appropriate state
 1745  attorney or the statewide prosecutor and the arresting agency
 1746  may respond to the court regarding the completed petition to
 1747  seal.
 1748         (b) If relief is granted by the court, the clerk of the
 1749  court shall certify copies of the order to the appropriate state
 1750  attorney or the statewide prosecutor and to the arresting
 1751  agency. The arresting agency is responsible for forwarding the
 1752  order to any other agency to which the arresting agency
 1753  disseminated the criminal history record information to which
 1754  the order pertains. The department shall forward the order to
 1755  seal to the Federal Bureau of Investigation. The clerk of the
 1756  court shall certify a copy of the order to any other agency
 1757  which the records of the court reflect has received the criminal
 1758  history record from the court.
 1759         (c) For an order to seal entered by a court prior to July
 1760  1, 1992, the department shall notify the appropriate state
 1761  attorney or statewide prosecutor of any order to seal which is
 1762  contrary to law because the person who is the subject of the
 1763  record has previously been convicted of a crime or comparable
 1764  ordinance violation or has had a prior criminal history record
 1765  sealed or expunged. Upon receipt of such notice, the appropriate
 1766  state attorney or statewide prosecutor shall take action, within
 1767  60 days, to correct the record and petition the court to void
 1768  the order to seal. The department shall seal the record until
 1769  such time as the order is voided by the court.
 1770         (d) On or after July 1, 1992, the department or any other
 1771  criminal justice agency is not required to act on an order to
 1772  seal entered by a court when such order does not comply with the
 1773  requirements of this section. Upon receipt of such an order, the
 1774  department must notify the issuing court, the appropriate state
 1775  attorney or statewide prosecutor, the petitioner or the
 1776  petitioner’s attorney, and the arresting agency of the reason
 1777  for noncompliance. The appropriate state attorney or statewide
 1778  prosecutor shall take action within 60 days to correct the
 1779  record and petition the court to void the order. No cause of
 1780  action, including contempt of court, shall arise against any
 1781  criminal justice agency for failure to comply with an order to
 1782  seal when the petitioner for such order failed to obtain the
 1783  certificate of eligibility as required by this section or when
 1784  such order does not comply with the requirements of this
 1785  section.
 1786         (e) An order sealing a criminal history record pursuant to
 1787  this section does not require that such record be surrendered to
 1788  the court, and such record shall continue to be maintained by
 1789  the department and other criminal justice agencies.
 1790         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
 1791  history record of a minor or an adult which is ordered sealed by
 1792  a court of competent jurisdiction pursuant to this section is
 1793  confidential and exempt from the provisions of s. 119.07(1) and
 1794  s. 24(a), Art. I of the State Constitution and is available only
 1795  to the person who is the subject of the record, to the subject’s
 1796  attorney, to criminal justice agencies for their respective
 1797  criminal justice purposes, which include conducting a criminal
 1798  history background check for approval of firearms purchases or
 1799  transfers as authorized by state or federal law, to judges in
 1800  the state courts system for the purpose of assisting them in
 1801  their case-related decisionmaking responsibilities, as set forth
 1802  in s. 943.053(5), or to those entities set forth in
 1803  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
 1804  licensing, access authorization, and employment purposes.
 1805         (a) The subject of a criminal history record sealed under
 1806  this section or under other provisions of law, including former
 1807  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
 1808  deny or fail to acknowledge the arrests covered by the sealed
 1809  record, except when the subject of the record:
 1810         1. Is a candidate for employment with a criminal justice
 1811  agency;
 1812         2. Is a defendant in a criminal prosecution;
 1813         3. Concurrently or subsequently petitions for relief under
 1814  this section, s. 943.0583, or s. 943.0585;
 1815         4. Is a candidate for admission to The Florida Bar;
 1816         5. Is seeking to be employed or licensed by or to contract
 1817  with the Department of Children and Families, the Division of
 1818  Vocational Rehabilitation within the Department of Education,
 1819  the Agency for Health Care Administration, the Agency for
 1820  Persons with Disabilities, the Department of Health, the
 1821  Department of Elderly Affairs, or the Department of Juvenile
 1822  Justice or to be employed or used by such contractor or licensee
 1823  in a sensitive position having direct contact with children, the
 1824  disabled, or the elderly;
 1825         6. Is seeking to be employed or licensed by the Department
 1826  of Education, any district school board, any university
 1827  laboratory school, any charter school, any private or parochial
 1828  school, or any local governmental entity that licenses child
 1829  care facilities; or
 1830         7. Is attempting to purchase a firearm from a licensed
 1831  importer, licensed manufacturer, or licensed dealer and is
 1832  subject to a criminal history check under state or federal law.
 1833         (b) Subject to the exceptions in paragraph (a), a person
 1834  who has been granted a sealing under this section, former s.
 1835  893.14, former s. 901.33, or former s. 943.058 may not be held
 1836  under any provision of law of this state to commit perjury or to
 1837  be otherwise liable for giving a false statement by reason of
 1838  such person’s failure to recite or acknowledge a sealed criminal
 1839  history record.
 1840         (c) Information relating to the existence of a sealed
 1841  criminal record provided in accordance with the provisions of
 1842  paragraph (a) is confidential and exempt from the provisions of
 1843  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 1844  except that the department shall disclose the sealed criminal
 1845  history record to the entities set forth in subparagraphs (a)1.,
 1846  4., 5., 6., and 8. for their respective licensing, access
 1847  authorization, and employment purposes. It is unlawful for any
 1848  employee of an entity set forth in subparagraph (a)1.,
 1849  subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
 1850  subparagraph (a)8. to disclose information relating to the
 1851  existence of a sealed criminal history record of a person
 1852  seeking employment, access authorization, or licensure with such
 1853  entity or contractor, except to the person to whom the criminal
 1854  history record relates or to persons having direct
 1855  responsibility for employment, access authorization, or
 1856  licensure decisions. Any person who violates the provisions of
 1857  this paragraph commits a misdemeanor of the first degree,
 1858  punishable as provided in s. 775.082 or s. 775.083.
 1859         (5) STATUTORY REFERENCES.—Any reference to any other
 1860  chapter, section, or subdivision of the Florida Statutes in this
 1861  section constitutes a general reference under the doctrine of
 1862  incorporation by reference.
 1863         Section 30. Paragraph (b) of subsection (1) of section
 1864  944.606, Florida Statutes, is amended to read:
 1865         944.606 Sexual offenders; notification upon release.—
 1866         (1) As used in this section:
 1867         (b) “Sexual offender” means a person who has been convicted
 1868  of committing, or attempting, soliciting, or conspiring to
 1869  commit, any of the criminal offenses proscribed in the following
 1870  statutes in this state or similar offenses in another
 1871  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 1872  the victim is a minor and the defendant is not the victim’s
 1873  parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
 1874  s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
 1875  796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
 1876  847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
 1877  847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
 1878  committed in this state which has been redesignated from a
 1879  former statute number to one of those listed in this subsection,
 1880  when the department has received verified information regarding
 1881  such conviction; an offender’s computerized criminal history
 1882  record is not, in and of itself, verified information.
 1883         Section 31. Paragraph (a) of subsection (1) of section
 1884  944.607, Florida Statutes, is amended to read:
 1885         944.607 Notification to Department of Law Enforcement of
 1886  information on sexual offenders.—
 1887         (1) As used in this section, the term:
 1888         (a) “Sexual offender” means a person who is in the custody
 1889  or control of, or under the supervision of, the department or is
 1890  in the custody of a private correctional facility:
 1891         1. On or after October 1, 1997, as a result of a conviction
 1892  for committing, or attempting, soliciting, or conspiring to
 1893  commit, any of the criminal offenses proscribed in the following
 1894  statutes in this state or similar offenses in another
 1895  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 1896  the victim is a minor and the defendant is not the victim’s
 1897  parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
 1898  s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
 1899  796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
 1900  847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
 1901  847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
 1902  committed in this state which has been redesignated from a
 1903  former statute number to one of those listed in this paragraph;
 1904  or
 1905         2. Who establishes or maintains a residence in this state
 1906  and who has not been designated as a sexual predator by a court
 1907  of this state but who has been designated as a sexual predator,
 1908  as a sexually violent predator, or by another sexual offender
 1909  designation in another state or jurisdiction and was, as a
 1910  result of such designation, subjected to registration or
 1911  community or public notification, or both, or would be if the
 1912  person were a resident of that state or jurisdiction, without
 1913  regard as to whether the person otherwise meets the criteria for
 1914  registration as a sexual offender.
 1915         Section 32. Subsection (2) of section 948.013, Florida
 1916  Statutes, is amended to read:
 1917         948.013 Administrative probation.—
 1918         (2) Effective for an offense committed on or after July 1,
 1919  1998, a person is ineligible for placement on administrative
 1920  probation if the person is sentenced to or is serving a term of
 1921  probation or community control, regardless of the conviction or
 1922  adjudication, for committing, or attempting, conspiring, or
 1923  soliciting to commit, any of the felony offenses described in s.
 1924  787.01 or s. 787.02, where the victim is a minor and the
 1925  defendant is not the victim’s parent; s. 787.025; chapter 794;
 1926  s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
 1927  847.0133; s. 847.0135; or s. 847.0145.
 1928         Section 33. Subsection (1) of section 948.32, Florida
 1929  Statutes, is amended to read:
 1930         948.32 Requirements of law enforcement agency upon arrest
 1931  of persons for certain sex offenses.—
 1932         (1) When any state or local law enforcement agency
 1933  investigates or arrests a person for committing, or attempting,
 1934  soliciting, or conspiring to commit, a violation of s.
 1935  787.025(2)(c), chapter 794, s. 796.03, s. 800.04, s. 827.071, s.
 1936  847.0133, s. 847.0135, or s. 847.0145, the law enforcement
 1937  agency shall contact the Department of Corrections to verify
 1938  whether the person under investigation or under arrest is on
 1939  probation, community control, parole, conditional release, or
 1940  control release.
 1941         Section 34. This act shall take effect October 1, 2014.
 1942  
 1943  ================= T I T L E  A M E N D M E N T ================
 1944  And the title is amended as follows:
 1945         Delete everything before the enacting clause
 1946  and insert:
 1947                        A bill to be entitled                      
 1948         An act relating to human trafficking; amending s.
 1949         92.56, F.S.; authorizing a defendant who has been
 1950         charged with specified human trafficking offenses to
 1951         apply for an order of disclosure of confidential and
 1952         exempt information; authorizing the court to use a
 1953         pseudonym, instead of a victim’s name, to designate
 1954         the victim of specified human trafficking offenses;
 1955         providing that trial testimony for specified human
 1956         trafficking offenses may be published or broadcast
 1957         under certain circumstances; amending s. 450.021,
 1958         F.S.; prohibiting the employment of minors in adult
 1959         theaters; amending s. 450.045, F.S.; requiring adult
 1960         theaters to verify the ages of employees and
 1961         independent contractors and maintain specified
 1962         documentation; amending s. 775.082, F.S.; providing a
 1963         life sentence for a specified felony; amending s.
 1964         775.15, F.S.; eliminating the statute of limitations
 1965         for prosecutions under a specified human trafficking
 1966         provision; providing applicability; amending s.
 1967         787.06, F.S.; revising and providing penalties for
 1968         various human trafficking offenses against minors and
 1969         adults; creating s. 796.001, F.S.; providing
 1970         legislative intent concerning prosecutions of adults
 1971         for certain offenses involving minors; repealing ss.
 1972         796.03, 796.035, and 796.036, F.S., relating to
 1973         procuring a person under the age of 18 for
 1974         prostitution, selling or buying of minors into
 1975         prostitution, and reclassification of certain
 1976         violations involving minors, respectively; amending
 1977         ss. 796.05 and 796.07, F.S.; revising and providing
 1978         penalties for various prostitution offenses; amending
 1979         s. 921.0022, F.S.; conforming provisions of the
 1980         offense severity ranking chart of the Criminal
 1981         Punishment Code to changes made by the act; amending
 1982         s. 943.0583, F.S.; providing for expunction of
 1983         criminal history records of certain criminal charges
 1984         against victims of human trafficking that did not
 1985         result in convictions; requiring destruction of
 1986         investigative records related to such expunged
 1987         records; amending s. 960.065, F.S.; providing an
 1988         exception to ineligibility for victim assistance
 1989         awards to specified victims of human trafficking;
 1990         amending s. 960.199, F.S.; authorizing the Department
 1991         of Legal Affairs to provide relocation assistance to a
 1992         victim of specified human trafficking offenses;
 1993         requiring the human trafficking offense to be reported
 1994         to the proper authorities and certified by the state
 1995         attorney or statewide prosecutor; requiring the state
 1996         attorney’s or statewide prosecutor’s approval of a
 1997         rape crisis center’s or a certified domestic violence
 1998         center’s certification that a victim is cooperating
 1999         with law enforcement officials; providing that the act
 2000         of human trafficking must occur under certain
 2001         circumstances for the victim to be eligible for
 2002         relocation assistance; amending ss. 39.01, 90.404,
 2003         772.102, 775.0877, 775.21, 787.01, 787.02, 794.056,
 2004         856.022, 895.02, 938.085, 938.10, 943.0435, 943.0585,
 2005         943.059, 944.606, 944.607, 948.013, and 948.32, F.S.;
 2006         conforming cross-references; providing an effective
 2007         date.