Florida Senate - 2017                                    SB 1558
       
       
        
       By Senator Book
       
       
       
       
       
       32-01236A-17                                          20171558__
    1                        A bill to be entitled                      
    2         An act relating to child exploitation; amending s.
    3         16.56, F.S.; revising the offenses that may be
    4         investigated and prosecuted by the Office of Statewide
    5         Prosecution; amending s. 39.01, F.S.; conforming
    6         provisions to changes made by the act; amending s.
    7         39.0132, F.S.; revising the types of offenses
    8         committed by a child in the custody of the Department
    9         of Children and Families which require the department
   10         to provide notice to the school superintendent;
   11         conforming provisions to changes made by the act;
   12         amending s. 39.0139, F.S.; revising the type of
   13         offenses that create a rebuttable presumption of
   14         detriment for judicial determinations related to
   15         contact between a parent or caregiver and certain
   16         child victims; conforming provisions to changes made
   17         by the act; amending s. 39.301, F.S.; conforming
   18         provisions to changes made by the act; amending s.
   19         39.509, F.S.; revising the offenses that may be
   20         considered in determining whether grandparental
   21         visitation is in the child’s best interest; conforming
   22         provisions to changes made by the act; amending s.
   23         90.404, F.S.; conforming provisions to changes made by
   24         the act; amending s. 92.56, F.S.; revising the
   25         offenses for which a criminal defendant may seek an
   26         order of disclosure for certain confidential and
   27         exempt court records, for which the state may use a
   28         pseudonym instead of the victim’s name, and for which
   29         a publication or broadcast of trial testimony may not
   30         include certain victim identifying information;
   31         conforming provisions to changes made by the act;
   32         amending ss. 92.561, 92.565, and 435.04, F.S.;
   33         conforming provisions to changes made by the act;
   34         amending s. 435.07, F.S.; revising the offenses that
   35         disqualify certain child care personnel from specified
   36         employment; conforming provisions to changes made by
   37         the act; amending s. 456.074, F.S.; revising the
   38         offenses for which the licenses of massage therapists
   39         and massage establishments must be suspended;
   40         conforming provisions to changes made by the act;
   41         amending ss. 480.041 and 480.043, F.S.; revising the
   42         offenses for which applications for licensure as a
   43         massage therapist or massage establishment must be
   44         denied; conforming provisions to changes made by the
   45         act; amending s. 743.067, F.S.; revising the offenses
   46         for which an unaccompanied homeless youth may consent
   47         to specified treatment, care, and examination;
   48         conforming provisions to changes made by the act;
   49         amending ss. 772.102 and 775.082, F.S.; conforming
   50         provisions to changes made by the act; amending s.
   51         775.0847, F.S.; revising definitions; conforming
   52         provisions to changes made by the act; amending ss.
   53         775.0877, 775.21, 775.215, 784.046, and 794.0115,
   54         F.S.; conforming provisions to changes made by the
   55         act; amending s. 794.024, F.S.; revising the offenses
   56         for which certain victim information may not be
   57         disclosed by public employees or officers; providing
   58         penalties; conforming provisions to changes made by
   59         the act; amending ss. 794.056 and 796.001, F.S.;
   60         conforming provisions to changes made by the act;
   61         repealing s. 827.071, F.S., relating to sexual
   62         performance by a child; amending s. 847.001, F.S.;
   63         revising definitions; creating s. 847.003, F.S.;
   64         providing definitions; prohibiting a person from using
   65         a child in a sexual performance or promoting a sexual
   66         performance by a child; providing penalties; amending
   67         s. 847.0135, F.S.; providing for separate offenses of
   68         computer pornography and child exploitation under
   69         certain circumstances; conforming provisions to
   70         changes made by the act; amending s. 847.01357, F.S.;
   71         conforming provisions to changes made by the act;
   72         amending s. 847.0137, F.S.; revising and providing
   73         definitions; prohibiting a person from possessing,
   74         with the intent to promote, child pornography;
   75         prohibiting a person from knowingly possessing,
   76         controlling, or intentionally viewing child
   77         pornography; providing penalties; providing
   78         application and construction; providing for separate
   79         offenses of transmission of child pornography under
   80         certain circumstances; amending ss. 856.022, 895.02,
   81         905.34, and 934.07, F.S.; conforming provisions to
   82         changes made by the act; amending s. 938.085, F.S.;
   83         revising the offenses for which a surcharge to be
   84         deposited into the Rape Crisis Program Trust Fund
   85         shall be imposed; conforming provisions to changes
   86         made by the act; amending s. 938.10, F.S.; revising
   87         the offenses for which an additional court cost shall
   88         be imposed; conforming provisions to changes made by
   89         the act; amending ss. 943.0435, 943.04354, 943.0585,
   90         943.059, 944.606, 944.607, 947.1405, 948.013, 948.03,
   91         and 948.04, F.S.; conforming provisions to changes
   92         made by the act; amending s. 948.06, F.S.; revising
   93         the offenses that constitute a qualifying offense for
   94         purposes relating to a violation of probation or
   95         community control; conforming provisions to changes
   96         made by the act; amending ss. 948.062, 948.101,
   97         948.30, 948.32, 960.03, and 960.197, F.S.; conforming
   98         provisions to changes made by the act; amending s.
   99         985.04, F.S.; revising the types of offenses committed
  100         by a child in certain custody or supervision of the
  101         Department of Juvenile Justice which require the
  102         department to provide notice to the school
  103         superintendent; conforming provisions to changes made
  104         by the act; amending ss. 985.475 and 1012.315, F.S.;
  105         conforming provisions to changes made by the act;
  106         amending s. 921.0022, F.S.; ranking the offense of
  107         solicitation of a child via a computer service while
  108         misrepresenting one’s age on level 8 of the offense
  109         severity ranking chart; conforming provisions to
  110         changes made by the act; providing a directive to the
  111         Division of Law Revision and Information; reenacting
  112         ss. 39.402(9)(a), 39.506(6), 39.509(6)(b),
  113         39.521(3)(d), 39.524(1), 39.806(1)(d) and (n),
  114         63.089(4)(b), 63.092(3), 68.07(3)(i) and (6),
  115         92.55(1)(b), 92.605(1)(b), 322.141(3), 381.004(2)(h),
  116         384.29(1)(c) and (3), 390.01114(2)(b) and (e),
  117         393.067(4)(h), (7), and (9), 394.495(4)(p),
  118         394.9125(2)(a), 397.4872(2)(a) and (c), 409.1678
  119         (1)(c) and (6)(a) and (b), 435.07(4)(b), 655.50(3)(g),
  120         741.313(1)(e), 775.084(4)(j), 775.0862(2),
  121         775.13(4)(e) and (f), 775.21(3)(b), (5)(d), (6)(f),
  122         and (10)(c), 775.24(2), 775.25, 775.261(3)(b),
  123         784.049(2)(d), 794.011(2)(a), (3), (4), and (5),
  124         794.03, 794.075(1), 847.002(1)(b), (2), and (3),
  125         847.012(3)(b), 847.01357(3), 847.0138(2) and (3),
  126         896.101(2)(g) and (10), 903.0351(1)(b) and (c),
  127         903.046(2)(m), 905.34(3), 921.0022(3)(g),
  128         921.141(6)(o), 921.187(1)(n), 943.0435(3), (4)(a), and
  129         (5), 943.0436(2), 943.325(2)(g), 944.11(2),
  130         944.607(4)(a) and (9), 944.608(7), 944.609(4),
  131         944.70(1), 947.13(1)(f), 947.1405(2)(c) and (12),
  132         947.141(1), (2), and (7), 948.06(8)(b) and (d),
  133         948.063, 948.064(4), 948.08(7)(a), 948.12(3),
  134         948.30(3)(b) and (4), 948.31, 951.27, 960.003(2)(a)
  135         and (b) and (3)(a), 960.065(5), 984.03(2),
  136         985.0301(5)(c), 985.04(6)(b), 985.441(1)(c),
  137         985.4815(9), and 1012.467(2)(g), F.S., relating to
  138         placement in a shelter, arraignment hearings,
  139         grandparents rights, disposition hearings, safe-harbor
  140         placement, grounds for termination of parental rights,
  141         proceedings to terminate parental rights pending
  142         adoption, report to the court of intended placement by
  143         an adoption entity, change of name, proceedings
  144         involving certain victims or witnesses, production of
  145         certain records, color or markings of certain licenses
  146         or identification cards, HIV testing, confidentiality,
  147         the Parental Notice of Abortion Act, facility
  148         licensure, the child and adolescent mental health
  149         system of care, authority of a state attorney to refer
  150         a person for civil commitment, exemption from
  151         disqualification, specialized residential options for
  152         children who are victims of sexual exploitation,
  153         exemptions from disqualification, the Florida Control
  154         of Money Laundering and Terrorist Financing in
  155         Financial Institutions Act, unlawful action against
  156         employees seeking protection, violent career
  157         criminals, habitual felony offenders, and habitual
  158         violent felony offenders, sexual offenses against
  159         students by authority figures, registration of
  160         convicted felons, the Florida Sexual Predators Act,
  161         the duty of the court to uphold laws governing sexual
  162         predators and sexual offenders, prosecutions for acts
  163         or omissions, the Florida Career Offender Registration
  164         Act, sexual cyberharassment, sexual battery,
  165         publishing or broadcasting information identifying
  166         sexual offense victims, sexual predators and erectile
  167         dysfunction drugs, child pornography prosecutions, a
  168         prohibition against the sale or distribution of
  169         harmful materials to minors or the use of minors in
  170         production, civil remedies for exploited children,
  171         transmission of material harmful to minors to a minor
  172         by electronic devices, the Florida Money Laundering
  173         Act, restrictions on pretrial release pending
  174         probation-violation hearings or community-control
  175         violation hearings, purposes of and criteria for bail
  176         determination, the powers and duties of a statewide
  177         grand jury, the offense severity ranking chart of the
  178         Criminal Punishment Code, sentence of death or life
  179         imprisonment for capital felonies, disposition and
  180         sentencing alternatives, the requirement that sexual
  181         offenders register with the Department of Law
  182         Enforcement, the duty of the court to uphold laws
  183         governing sexual predators and sexual offenders, the
  184         DNA database, regulation by the Department of
  185         Corrections of the admission of books, notification to
  186         the Department of Law Enforcement of information on
  187         sexual offenders, notification to the Department of
  188         Law Enforcement concerning career offenders, career
  189         offenders and notification upon release, conditions
  190         for release from incarceration, powers and duties of
  191         the Florida Commission on Offender Review, the
  192         conditional release program, violations of conditional
  193         release, control release, conditional medical release,
  194         or addiction-recovery supervision, violation of
  195         probation or community control, violations of
  196         probation or community control by designated sexual
  197         offenders and sexual predators, notification of status
  198         as a violent felony offender of special concern, the
  199         pretrial intervention program, intensive supervision
  200         for postprison release of violent offenders,
  201         additional terms and conditions of probation or
  202         community control for certain sex offenses, evaluation
  203         and treatment of sexual predators and offenders on
  204         probation or community control, blood tests of
  205         inmates, hepatitis and HIV testing for persons charged
  206         with or alleged by petition for delinquency to have
  207         committed certain offenses, eligibility for awards,
  208         definitions relating to children and families in need
  209         of services, jurisdiction, oaths, records, and
  210         confidential information, commitment, notification to
  211         Department of Law Enforcement of information on
  212         juvenile sexual offenders, and noninstructional
  213         contractors permitted access to school grounds,
  214         respectively, to incorporate the amendments made by
  215         the act in cross-references to amended provisions;
  216         providing an effective date.
  217          
  218  Be It Enacted by the Legislature of the State of Florida:
  219  
  220         Section 1. Paragraph (a) of subsection (1) of section
  221  16.56, Florida Statutes, is amended, and paragraph (b) of that
  222  subsection is republished, to read:
  223         16.56 Office of Statewide Prosecution.—
  224         (1) There is created in the Department of Legal Affairs an
  225  Office of Statewide Prosecution. The office shall be a separate
  226  “budget entity” as that term is defined in chapter 216. The
  227  office may:
  228         (a) Investigate and prosecute the offenses of:
  229         1. Bribery, burglary, criminal usury, extortion, gambling,
  230  kidnapping, larceny, murder, prostitution, perjury, robbery,
  231  carjacking, and home-invasion robbery;
  232         2. Any crime involving narcotic or other dangerous drugs;
  233         3. Any violation of the Florida RICO (Racketeer Influenced
  234  and Corrupt Organization) Act, including any offense listed in
  235  the definition of racketeering activity in s. 895.02(8)(a),
  236  providing such listed offense is investigated in connection with
  237  a violation of s. 895.03 and is charged in a separate count of
  238  an information or indictment containing a count charging a
  239  violation of s. 895.03, the prosecution of which listed offense
  240  may continue independently if the prosecution of the violation
  241  of s. 895.03 is terminated for any reason;
  242         4. Any violation of the Florida Anti-Fencing Act;
  243         5. Any violation of the Florida Antitrust Act of 1980, as
  244  amended;
  245         6. Any crime involving, or resulting in, fraud or deceit
  246  upon any person;
  247         7. Any violation of s. 847.0135, relating to computer
  248  pornography and child exploitation prevention, or any offense
  249  related to a violation of former s. 827.071, s. 847.003, s.
  250  847.0135, or s. 847.0137 when any violation of chapter 827 where
  251  the crime is facilitated by or connected to the use of the
  252  Internet or any device capable of electronic data storage or
  253  transmission;
  254         8. Any violation of chapter 815;
  255         9. Any criminal violation of part I of chapter 499;
  256         10. Any violation of the Florida Motor Fuel Tax Relief Act
  257  of 2004;
  258         11. Any criminal violation of s. 409.920 or s. 409.9201;
  259         12. Any crime involving voter registration, voting, or
  260  candidate or issue petition activities;
  261         13. Any criminal violation of the Florida Money Laundering
  262  Act;
  263         14. Any criminal violation of the Florida Securities and
  264  Investor Protection Act; or
  265         15. Any violation of chapter 787, as well as any and all
  266  offenses related to a violation of chapter 787;
  267  
  268  or any attempt, solicitation, or conspiracy to commit any of the
  269  crimes specifically enumerated above. The office shall have such
  270  power only when any such offense is occurring, or has occurred,
  271  in two or more judicial circuits as part of a related
  272  transaction, or when any such offense is connected with an
  273  organized criminal conspiracy affecting two or more judicial
  274  circuits. Informations or indictments charging such offenses
  275  shall contain general allegations stating the judicial circuits
  276  and counties in which crimes are alleged to have occurred or the
  277  judicial circuits and counties in which crimes affecting such
  278  circuits or counties are alleged to have been connected with an
  279  organized criminal conspiracy.
  280         (b) Investigate and prosecute any crime enumerated in
  281  paragraph (a) facilitated by or connected to the use of the
  282  Internet. Any such crime is a crime occurring in every judicial
  283  circuit within the state.
  284         Section 2. Paragraph (c) of subsection (30) and paragraph
  285  (g) of subsection (70) of section 39.01, Florida Statutes, are
  286  amended to read:
  287         39.01 Definitions.—When used in this chapter, unless the
  288  context otherwise requires:
  289         (30) “Harm” to a child’s health or welfare can occur when
  290  any person:
  291         (c) Allows, encourages, or forces the sexual exploitation
  292  of a child, which includes allowing, encouraging, or forcing a
  293  child to:
  294         1. Solicit for or engage in prostitution; or
  295         2. Engage in a sexual performance, as defined by former s.
  296  827.071 or s. 847.003 chapter 827.
  297         (70) “Sexual abuse of a child” for purposes of finding a
  298  child to be dependent means one or more of the following acts:
  299         (g) The sexual exploitation of a child, which includes the
  300  act of a child offering to engage in or engaging in
  301  prostitution, or the act of allowing, encouraging, or forcing a
  302  child to:
  303         1. Solicit for or engage in prostitution;
  304         2. Engage in a sexual performance, as defined by former s.
  305  827.071 or s. 847.003 chapter 827; or
  306         3. Participate in the trade of human trafficking as
  307  provided in s. 787.06(3)(g).
  308         Section 3. Paragraph (b) of subsection (4) of section
  309  39.0132, Florida Statutes, is amended to read:
  310         39.0132 Oaths, records, and confidential information.—
  311         (4)
  312         (b) The department shall disclose to the school
  313  superintendent the presence of a any child in the care and
  314  custody or under the jurisdiction or supervision of the
  315  department who has a known history of criminal sexual behavior
  316  with other juveniles; is an alleged juvenile sex offender, as
  317  defined in s. 39.01; or has pled guilty or nolo contendere to,
  318  or has been found to have committed, a violation of chapter 794,
  319  chapter 796, chapter 800, former s. 827.071, s. 847.003, or s.
  320  847.0133, s. 847.0135(5), or s. 847.0137, regardless of
  321  adjudication. An Any employee of a district school board who
  322  knowingly and willfully discloses such information to an
  323  unauthorized person commits a misdemeanor of the second degree,
  324  punishable as provided in s. 775.082 or s. 775.083.
  325         Section 4. Paragraph (a) of subsection (3) of section
  326  39.0139, Florida Statutes, is amended to read:
  327         39.0139 Visitation or other contact; restrictions.—
  328         (3) PRESUMPTION OF DETRIMENT.—
  329         (a) A rebuttable presumption of detriment to a child is
  330  created when:
  331         1. A court of competent jurisdiction has found probable
  332  cause exists that a parent or caregiver has sexually abused a
  333  child as defined in s. 39.01;
  334         2. A parent or caregiver has been found guilty of,
  335  regardless of adjudication, or has entered a plea of guilty or
  336  nolo contendere to, charges under the following statutes or
  337  substantially similar statutes of other jurisdictions:
  338         a. Section 787.04, relating to removing minors from the
  339  state or concealing minors contrary to court order;
  340         b. Section 794.011, relating to sexual battery;
  341         c. Section 798.02, relating to lewd and lascivious
  342  behavior;
  343         d. Chapter 800, relating to lewdness and indecent exposure;
  344         e. Section 826.04, relating to incest; or
  345         f. Chapter 827, relating to the abuse of children; or
  346         g.Section 847.003, relating to sexual performance by a
  347  child;
  348         h.Section 847.0135, excluding s. 847.0135(6), relating to
  349  computer pornography and child exploitation; or
  350         i.Section 847.0137, relating to child pornography; or
  351         3. A court of competent jurisdiction has determined a
  352  parent or caregiver to be a sexual predator as defined in s.
  353  775.21 or a parent or caregiver has received a substantially
  354  similar designation under laws of another jurisdiction.
  355         Section 5. Paragraph (b) of subsection (2) of section
  356  39.301, Florida Statutes, is amended to read:
  357         39.301 Initiation of protective investigations.—
  358         (2)
  359         (b) As used in this subsection, the term “criminal conduct”
  360  means:
  361         1. A child is known or suspected to be the victim of child
  362  abuse, as defined in s. 827.03, or of neglect of a child, as
  363  defined in s. 827.03.
  364         2. A child is known or suspected to have died as a result
  365  of abuse or neglect.
  366         3. A child is known or suspected to be the victim of
  367  aggravated child abuse, as defined in s. 827.03.
  368         4. A child is known or suspected to be the victim of sexual
  369  battery, as defined in s. 847.001 827.071, or of sexual abuse,
  370  as defined in s. 39.01.
  371         5. A child is known or suspected to be the victim of
  372  institutional child abuse or neglect, as defined in s. 39.01,
  373  and as provided for in s. 39.302(1).
  374         6. A child is known or suspected to be a victim of human
  375  trafficking, as provided in s. 787.06.
  376         Section 6. Paragraph (a) of subsection (6) of section
  377  39.509, Florida Statutes, is amended to read:
  378         39.509 Grandparents rights.—Notwithstanding any other
  379  provision of law, a maternal or paternal grandparent as well as
  380  a stepgrandparent is entitled to reasonable visitation with his
  381  or her grandchild who has been adjudicated a dependent child and
  382  taken from the physical custody of the parent unless the court
  383  finds that such visitation is not in the best interest of the
  384  child or that such visitation would interfere with the goals of
  385  the case plan. Reasonable visitation may be unsupervised and,
  386  where appropriate and feasible, may be frequent and continuing.
  387  Any order for visitation or other contact must conform to the
  388  provisions of s. 39.0139.
  389         (6) In determining whether grandparental visitation is not
  390  in the child’s best interest, consideration may be given to the
  391  following:
  392         (a) The finding of guilt, regardless of adjudication, or
  393  entry or plea of guilty or nolo contendere to charges under the
  394  following statutes, or similar statutes of other jurisdictions:
  395  s. 787.04, relating to removing minors from the state or
  396  concealing minors contrary to court order; s. 794.011, relating
  397  to sexual battery; s. 798.02, relating to lewd and lascivious
  398  behavior; chapter 800, relating to lewdness and indecent
  399  exposure; s. 826.04, relating to incest; or chapter 827,
  400  relating to the abuse of children; s. 847.003, relating to
  401  sexual performance by a child; s. 847.0135, excluding s.
  402  847.0135(6), relating to computer pornography and child
  403  exploitation; or s. 847.0137, relating to child pornography.
  404         Section 7. Paragraphs (b) and (c) of subsection (2) of
  405  section 90.404, Florida Statutes, are amended to read:
  406         90.404 Character evidence; when admissible.—
  407         (2) OTHER CRIMES, WRONGS, OR ACTS.—
  408         (b)1. In a criminal case in which the defendant is charged
  409  with a crime involving child molestation, evidence of the
  410  defendant’s commission of other crimes, wrongs, or acts of child
  411  molestation is admissible and may be considered for its bearing
  412  on any matter to which it is relevant.
  413         2. For the purposes of this paragraph, the term “child
  414  molestation” means conduct proscribed by s. 787.025(2)(c), s.
  415  787.06(3)(g), former s. 787.06(3)(h), s. 794.011, excluding s.
  416  794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s.
  417  800.04, former s. 827.071, s. 847.003, s. 847.0135(5), s.
  418  847.0137(2), s. 847.0145, or s. 985.701(1) when committed
  419  against a person 16 years of age or younger.
  420         (c)1. In a criminal case in which the defendant is charged
  421  with a sexual offense, evidence of the defendant’s commission of
  422  other crimes, wrongs, or acts involving a sexual offense is
  423  admissible and may be considered for its bearing on any matter
  424  to which it is relevant.
  425         2. For the purposes of this paragraph, the term “sexual
  426  offense” means conduct proscribed by s. 787.025(2)(c), s.
  427  787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), s.
  428  794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03,
  429  former s. 796.035, s. 825.1025(2)(b), former s. 827.071, s.
  430  847.003, s. 847.0135(5), s. 847.0137(2), s. 847.0145, or s.
  431  985.701(1).
  432         Section 8. Subsections (2), (3), and (5) of section 92.56,
  433  Florida Statutes, are amended to read:
  434         92.56 Judicial proceedings and court records involving
  435  sexual offenses and human trafficking.—
  436         (2) A defendant charged with a crime described in s.
  437  787.06(3)(a)1., (c)1., or (e)1.;, s. 787.06(3)(b), (d), (f), or
  438  (g);, chapter 794;, or chapter 800;, or with child abuse or,
  439  aggravated child abuse, or sexual performance by a child as
  440  described in chapter 827; with sexual performance by a child as
  441  described in former s. 827.071; or with a sexual offense
  442  described in chapter 847, may apply to the trial court for an
  443  order of disclosure of information in court records held
  444  confidential and exempt pursuant to s. 119.0714(1)(h) or
  445  maintained as confidential and exempt pursuant to court order
  446  under this section. Such identifying information concerning the
  447  victim may be released to the defendant or his or her attorney
  448  in order to prepare the defense. The confidential and exempt
  449  status of this information may not be construed to prevent the
  450  disclosure of the victim’s identity to the defendant; however,
  451  the defendant may not disclose the victim’s identity to any
  452  person other than the defendant’s attorney or any other person
  453  directly involved in the preparation of the defense. A willful
  454  and knowing disclosure of the identity of the victim to any
  455  other person by the defendant constitutes contempt.
  456         (3) The state may use a pseudonym instead of the victim’s
  457  name to designate the victim of a crime described in s.
  458  787.06(3)(a)1., (c)1., or (e)1.;, in s. 787.06(3)(b), (d), (f),
  459  or (g);, or in chapter 794; or chapter 800;, or of child abuse
  460  or, aggravated child abuse, or sexual performance by a child as
  461  described in chapter 827; of sexual performance by a child as
  462  described in former s. 827.071;, or of a sexual offense any
  463  crime involving the production, possession, or promotion of
  464  child pornography as described in chapter 847, in all court
  465  records and records of court proceedings, both civil and
  466  criminal.
  467         (5) This section does not prohibit the publication or
  468  broadcast of the substance of trial testimony in a prosecution
  469  for an offense described in s. 787.06(3)(a)1., (c)1., or (e)1.;,
  470  s. 787.06(3)(b), (d), (f), or (g);, chapter 794;, or chapter
  471  800; for, or a crime of child abuse or, aggravated child abuse,
  472  or sexual performance by a child, as described in chapter 827;
  473  for sexual performance by a child as described in former s.
  474  827.071; or for a sexual offense described in chapter 847, but
  475  the publication or broadcast may not include an identifying
  476  photograph, an identifiable voice, or the name or address of the
  477  victim, unless the victim has consented in writing to the
  478  publication and filed such consent with the court or unless the
  479  court has declared such records not confidential and exempt as
  480  provided for in subsection (1).
  481         Section 9. Subsection (1) of section 92.561, Florida
  482  Statutes, is amended to read:
  483         92.561 Prohibition on reproduction of child pornography.—
  484         (1) In a criminal proceeding, any property or material that
  485  portrays sexual performance by a child as defined in former s.
  486  827.071 or s. 847.003, or constitutes child pornography as
  487  defined in s. 847.0137 s. 847.001, must remain secured or locked
  488  in the care, custody, and control of a law enforcement agency,
  489  the state attorney, or the court.
  490         Section 10. Subsection (2) of section 92.565, Florida
  491  Statutes, is amended to read:
  492         92.565 Admissibility of confession in sexual abuse cases.—
  493         (2) In any criminal action in which the defendant is
  494  charged with a crime against a victim under s. 794.011; s.
  495  794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse;
  496  s. 827.04, involving sexual abuse; former s. 827.071; s.
  497  847.003; or s. 847.0135(5);, or s. 847.0137(2), or any other
  498  crime involving sexual abuse of another, or with any attempt,
  499  solicitation, or conspiracy to commit any of these crimes, the
  500  defendant’s memorialized confession or admission is admissible
  501  during trial without the state having to prove a corpus delicti
  502  of the crime if the court finds in a hearing conducted outside
  503  the presence of the jury that the state is unable to show the
  504  existence of each element of the crime, and having so found,
  505  further finds that the defendant’s confession or admission is
  506  trustworthy. Factors which may be relevant in determining
  507  whether the state is unable to show the existence of each
  508  element of the crime include, but are not limited to, the fact
  509  that, at the time the crime was committed, the victim was:
  510         (a) Physically helpless, mentally incapacitated, or
  511  mentally defective, as those terms are defined in s. 794.011;
  512         (b) Physically incapacitated due to age, infirmity, or any
  513  other cause; or
  514         (c) Less than 12 years of age.
  515         Section 11. Paragraphs (ll) and (qq) of subsection (2) of
  516  section 435.04, Florida Statutes, are amended to read:
  517         435.04 Level 2 screening standards.—
  518         (2) The security background investigations under this
  519  section must ensure that no persons subject to the provisions of
  520  this section have been arrested for and are awaiting final
  521  disposition of, have been found guilty of, regardless of
  522  adjudication, or entered a plea of nolo contendere or guilty to,
  523  or have been adjudicated delinquent and the record has not been
  524  sealed or expunged for, any offense prohibited under any of the
  525  following provisions of state law or similar law of another
  526  jurisdiction:
  527         (ll) Former s. Section 827.071, relating to sexual
  528  performance by a child.
  529         (qq) Chapter 847, relating to obscenity and child
  530  exploitation obscene literature.
  531         Section 12. Paragraph (c) of subsection (4) of section
  532  435.07, Florida Statutes, is amended to read:
  533         435.07 Exemptions from disqualification.—Unless otherwise
  534  provided by law, the provisions of this section apply to
  535  exemptions from disqualification for disqualifying offenses
  536  revealed pursuant to background screenings required under this
  537  chapter, regardless of whether those disqualifying offenses are
  538  listed in this chapter or other laws.
  539         (4)
  540         (c) Disqualification from employment under this chapter may
  541  not be removed from, and an exemption may not be granted to, any
  542  current or prospective child care personnel, as defined in s.
  543  402.302(3), and such a person is disqualified from employment as
  544  child care personnel, regardless of any previous exemptions from
  545  disqualification, if the person has been registered as a sex
  546  offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
  547  arrested for and is awaiting final disposition of, has been
  548  convicted or found guilty of, or entered a plea of guilty or
  549  nolo contendere to, regardless of adjudication, or has been
  550  adjudicated delinquent and the record has not been sealed or
  551  expunged for, any offense prohibited under any of the following
  552  provisions of state law or a similar law of another
  553  jurisdiction:
  554         1. A felony offense prohibited under any of the following
  555  statutes:
  556         a. Chapter 741, relating to domestic violence.
  557         b. Section 782.04, relating to murder.
  558         c. Section 782.07, relating to manslaughter, aggravated
  559  manslaughter of an elderly person or disabled adult, aggravated
  560  manslaughter of a child, or aggravated manslaughter of an
  561  officer, a firefighter, an emergency medical technician, or a
  562  paramedic.
  563         d. Section 784.021, relating to aggravated assault.
  564         e. Section 784.045, relating to aggravated battery.
  565         f. Section 787.01, relating to kidnapping.
  566         g. Section 787.025, relating to luring or enticing a child.
  567         h. Section 787.04(2), relating to leading, taking,
  568  enticing, or removing a minor beyond the state limits, or
  569  concealing the location of a minor, with criminal intent pending
  570  custody proceedings.
  571         i. Section 787.04(3), relating to leading, taking,
  572  enticing, or removing a minor beyond the state limits, or
  573  concealing the location of a minor, with criminal intent pending
  574  dependency proceedings or proceedings concerning alleged abuse
  575  or neglect of a minor.
  576         j. Section 794.011, relating to sexual battery.
  577         k. Former s. 794.041, relating to sexual activity with or
  578  solicitation of a child by a person in familial or custodial
  579  authority.
  580         l. Section 794.05, relating to unlawful sexual activity
  581  with certain minors.
  582         m. Section 794.08, relating to female genital mutilation.
  583         n. Section 806.01, relating to arson.
  584         o. Section 826.04, relating to incest.
  585         p. Section 827.03, relating to child abuse, aggravated
  586  child abuse, or neglect of a child.
  587         q. Section 827.04, relating to contributing to the
  588  delinquency or dependency of a child.
  589         r. Former s. Section 827.071 or s. 847.003, relating to
  590  sexual performance by a child.
  591         s. Chapter 847, relating to obscenity and child
  592  exploitation pornography.
  593         t. Section 985.701, relating to sexual misconduct in
  594  juvenile justice programs.
  595         2. A misdemeanor offense prohibited under any of the
  596  following statutes:
  597         a. Section 784.03, relating to battery, if the victim of
  598  the offense was a minor.
  599         b. Section 787.025, relating to luring or enticing a child.
  600         c. Chapter 847, relating to obscenity and child
  601  exploitation pornography.
  602         3. A criminal act committed in another state or under
  603  federal law which, if committed in this state, constitutes an
  604  offense prohibited under any statute listed in subparagraph 1.
  605  or subparagraph 2.
  606         Section 13. Paragraphs (o) and (q) of subsection (5) of
  607  section 456.074, Florida Statutes, are amended, present
  608  paragraphs (r) and (s) of that subsection are redesignated as
  609  paragraphs (s) and (t), respectively, and a new paragraph (r) is
  610  added to that subsection, to read:
  611         456.074 Certain health care practitioners; immediate
  612  suspension of license.—
  613         (5) The department shall issue an emergency order
  614  suspending the license of a massage therapist or establishment
  615  as defined in chapter 480 upon receipt of information that the
  616  massage therapist, a person with an ownership interest in the
  617  establishment, or, for a corporation that has more than $250,000
  618  of business assets in this state, the owner, officer, or
  619  individual directly involved in the management of the
  620  establishment has been convicted or found guilty of, or has
  621  entered a plea of guilty or nolo contendere to, regardless of
  622  adjudication, a violation of s. 796.07(2)(a) which is
  623  reclassified under s. 796.07(7) or a felony offense under any of
  624  the following provisions of state law or a similar provision in
  625  another jurisdiction:
  626         (o) Former s. Section 827.071 or s. 847.003, relating to
  627  sexual performance by a child.
  628         (q) Section 847.0135, relating to computer pornography and
  629  child exploitation.
  630         (r)Section 847.0137, relating to child pornography.
  631         Section 14. Paragraphs (o) and (q) of subsection (7) of
  632  section 480.041, Florida Statutes, are amended, present
  633  paragraphs (r) and (s) of that subsection are redesignated as
  634  paragraphs (s) and (t), respectively, and a new paragraph (r) is
  635  added to that subsection, to read:
  636         480.041 Massage therapists; qualifications; licensure;
  637  endorsement.—
  638         (7) The board shall deny an application for a new or
  639  renewal license if an applicant has been convicted or found
  640  guilty of, or enters a plea of guilty or nolo contendere to,
  641  regardless of adjudication, a violation of s. 796.07(2)(a) which
  642  is reclassified under s. 796.07(7) or a felony offense under any
  643  of the following provisions of state law or a similar provision
  644  in another jurisdiction:
  645         (o) Former s. Section 827.071 or s. 847.003, relating to
  646  sexual performance by a child.
  647         (q) Section 847.0135, relating to computer pornography and
  648  child exploitation.
  649         (r)Section 847.0137, relating to child pornography.
  650         Section 15. Paragraphs (o) and (q) of subsection (8) of
  651  section 480.043, Florida Statutes, are amended, present
  652  paragraphs (r) and (s) of that subsection are redesignated as
  653  paragraphs (s) and (t), respectively, and a new paragraph (r) is
  654  added to that subsection, to read:
  655         480.043 Massage establishments; requisites; licensure;
  656  inspection.—
  657         (8) The department shall deny an application for a new or
  658  renewal license if a person with an ownership interest in the
  659  establishment or, for a corporation that has more than $250,000
  660  of business assets in this state, the owner, officer, or
  661  individual directly involved in the management of the
  662  establishment has been convicted or found guilty of, or entered
  663  a plea of guilty or nolo contendere to, regardless of
  664  adjudication, a violation of s. 796.07(2)(a) which is
  665  reclassified under s. 796.07(7) or a felony offense under any of
  666  the following provisions of state law or a similar provision in
  667  another jurisdiction:
  668         (o) Former s. Section 827.071 or s. 847.003, relating to
  669  sexual performance by a child.
  670         (q) Section 847.0135, relating to computer pornography and
  671  child exploitation.
  672         (r)Section 847.0137, relating to child pornography.
  673         Section 16. Paragraph (b) of subsection (3) of section
  674  743.067, Florida Statutes, is amended to read:
  675         743.067 Unaccompanied homeless youths.—
  676         (3) An unaccompanied homeless youth may:
  677         (b) Notwithstanding s. 394.4625(1), consent to medical,
  678  dental, psychological, substance abuse, and surgical diagnosis
  679  and treatment, including preventative care and care by a
  680  facility licensed under chapter 394, chapter 395, or chapter 397
  681  and any forensic medical examination for the purpose of
  682  investigating any felony offense under chapter 784, chapter 787,
  683  chapter 794, chapter 800, or chapter 827, s. 847.003, or s.
  684  847.0137, for:
  685         1. Himself or herself; or
  686         2. His or her child, if the unaccompanied homeless youth is
  687  unmarried, is the parent of the child, and has actual custody of
  688  the child.
  689         Section 17. Paragraph (a) of subsection (1) of section
  690  772.102, Florida Statutes, is amended to read:
  691         772.102 Definitions.—As used in this chapter, the term:
  692         (1) “Criminal activity” means to commit, to attempt to
  693  commit, to conspire to commit, or to solicit, coerce, or
  694  intimidate another person to commit:
  695         (a) Any crime that is chargeable by indictment or
  696  information under the following provisions:
  697         1. Section 210.18, relating to evasion of payment of
  698  cigarette taxes.
  699         2. Section 414.39, relating to public assistance fraud.
  700         3. Section 440.105 or s. 440.106, relating to workers’
  701  compensation.
  702         4. Part IV of chapter 501, relating to telemarketing.
  703         5. Chapter 517, relating to securities transactions.
  704         6. Section 550.235 or s. 550.3551, relating to dogracing
  705  and horseracing.
  706         7. Chapter 550, relating to jai alai frontons.
  707         8. Chapter 552, relating to the manufacture, distribution,
  708  and use of explosives.
  709         9. Chapter 562, relating to beverage law enforcement.
  710         10. Section 624.401, relating to transacting insurance
  711  without a certificate of authority, s. 624.437(4)(c)1., relating
  712  to operating an unauthorized multiple-employer welfare
  713  arrangement, or s. 626.902(1)(b), relating to representing or
  714  aiding an unauthorized insurer.
  715         11. Chapter 687, relating to interest and usurious
  716  practices.
  717         12. Section 721.08, s. 721.09, or s. 721.13, relating to
  718  real estate timeshare plans.
  719         13. Chapter 782, relating to homicide.
  720         14. Chapter 784, relating to assault and battery.
  721         15. Chapter 787, relating to kidnapping or human
  722  trafficking.
  723         16. Chapter 790, relating to weapons and firearms.
  724         17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
  725  relating to prostitution.
  726         18. Chapter 806, relating to arson.
  727         19. Section 810.02(2)(c), relating to specified burglary of
  728  a dwelling or structure.
  729         20. Chapter 812, relating to theft, robbery, and related
  730  crimes.
  731         21. Chapter 815, relating to computer-related crimes.
  732         22. Chapter 817, relating to fraudulent practices, false
  733  pretenses, fraud generally, and credit card crimes.
  734         23. Former s. Section 827.071, relating to commercial
  735  sexual exploitation of children.
  736         24. Chapter 831, relating to forgery and counterfeiting.
  737         25. Chapter 832, relating to issuance of worthless checks
  738  and drafts.
  739         26. Section 836.05, relating to extortion.
  740         27. Chapter 837, relating to perjury.
  741         28. Chapter 838, relating to bribery and misuse of public
  742  office.
  743         29. Chapter 843, relating to obstruction of justice.
  744         30.Section 847.003, relating to sexual performance by a
  745  child.
  746         31.30. Section 847.011, s. 847.012, s. 847.013, s. 847.06,
  747  or s. 847.07, relating to obscene literature and profanity.
  748         32.31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
  749  s. 849.25, relating to gambling.
  750         33.32. Chapter 893, relating to drug abuse prevention and
  751  control.
  752         34.33. Section 914.22 or s. 914.23, relating to witnesses,
  753  victims, or informants.
  754         35.34. Section 918.12 or s. 918.13, relating to tampering
  755  with jurors and evidence.
  756         Section 18. Paragraph (a) of subsection (9) of section
  757  775.082, Florida Statutes, is amended to read:
  758         775.082 Penalties; applicability of sentencing structures;
  759  mandatory minimum sentences for certain reoffenders previously
  760  released from prison.—
  761         (9)(a)1. “Prison releasee reoffender” means any defendant
  762  who commits, or attempts to commit:
  763         a. Treason;
  764         b. Murder;
  765         c. Manslaughter;
  766         d. Sexual battery;
  767         e. Carjacking;
  768         f. Home-invasion robbery;
  769         g. Robbery;
  770         h. Arson;
  771         i. Kidnapping;
  772         j. Aggravated assault with a deadly weapon;
  773         k. Aggravated battery;
  774         l. Aggravated stalking;
  775         m. Aircraft piracy;
  776         n. Unlawful throwing, placing, or discharging of a
  777  destructive device or bomb;
  778         o. Any felony that involves the use or threat of physical
  779  force or violence against an individual;
  780         p. Armed burglary;
  781         q. Burglary of a dwelling or burglary of an occupied
  782  structure; or
  783         r. Any felony violation of s. 790.07, s. 800.04, s. 827.03,
  784  former s. 827.071, s. 847.003, or s. 847.0135(5), or s.
  785  847.0137(2);
  786  
  787  within 3 years after being released from a state correctional
  788  facility operated by the Department of Corrections or a private
  789  vendor or within 3 years after being released from a
  790  correctional institution of another state, the District of
  791  Columbia, the United States, any possession or territory of the
  792  United States, or any foreign jurisdiction, following
  793  incarceration for an offense for which the sentence is
  794  punishable by more than 1 year in this state.
  795         2. “Prison releasee reoffender” also means any defendant
  796  who commits or attempts to commit any offense listed in sub
  797  subparagraphs (a)1.a.-r. while the defendant was serving a
  798  prison sentence or on escape status from a state correctional
  799  facility operated by the Department of Corrections or a private
  800  vendor or while the defendant was on escape status from a
  801  correctional institution of another state, the District of
  802  Columbia, the United States, any possession or territory of the
  803  United States, or any foreign jurisdiction, following
  804  incarceration for an offense for which the sentence is
  805  punishable by more than 1 year in this state.
  806         3. If the state attorney determines that a defendant is a
  807  prison releasee reoffender as defined in subparagraph 1., the
  808  state attorney may seek to have the court sentence the defendant
  809  as a prison releasee reoffender. Upon proof from the state
  810  attorney that establishes by a preponderance of the evidence
  811  that a defendant is a prison releasee reoffender as defined in
  812  this section, such defendant is not eligible for sentencing
  813  under the sentencing guidelines and must be sentenced as
  814  follows:
  815         a. For a felony punishable by life, by a term of
  816  imprisonment for life;
  817         b. For a felony of the first degree, by a term of
  818  imprisonment of 30 years;
  819         c. For a felony of the second degree, by a term of
  820  imprisonment of 15 years; and
  821         d. For a felony of the third degree, by a term of
  822  imprisonment of 5 years.
  823         Section 19. Paragraphs (b) and (f) of subsection (1) and
  824  subsection (2) of section 775.0847, Florida Statutes, are
  825  amended, and paragraph (g) is added to that subsection, to read:
  826         775.0847 Possession or promotion of certain visual
  827  depictions images of child pornography; reclassification.—
  828         (1) For purposes of this section:
  829         (b) “Child pornography” has the same meaning as in s.
  830  847.0137 means any image depicting a minor engaged in sexual
  831  conduct.
  832         (f) “Sexual conduct” means actual or simulated sexual
  833  intercourse, deviate sexual intercourse, sexual bestiality,
  834  masturbation, or sadomasochistic abuse; actual or simulated lewd
  835  exhibition of the genitals; actual physical contact with a
  836  person’s clothed or unclothed genitals, pubic area, buttocks,
  837  or, if such person is a female, breast with the intent to arouse
  838  or gratify the sexual desire of either party; or any act or
  839  conduct which constitutes sexual battery or simulates that
  840  sexual battery is being or will be committed. A mother’s
  841  breastfeeding of her baby does not under any circumstance
  842  constitute “sexual conduct.”
  843         (g)“Visual depiction” has the same meaning as in s.
  844  847.0137.
  845         (2) A violation of former s. 827.071, s. 847.003, s.
  846  847.0135, s. 847.0137, or s. 847.0138 shall be reclassified to
  847  the next higher degree as provided in subsection (3) if:
  848         (a) The offender possesses 10 or more visual depictions
  849  images of any form of child pornography regardless of content;
  850  and
  851         (b) The content of at least one visual depiction image
  852  contains one or more of the following:
  853         1. A child who is younger than the age of 5.
  854         2. Sadomasochistic abuse involving a child.
  855         3. Sexual battery involving a child.
  856         4. Sexual bestiality involving a child.
  857         5. Any movie involving a child, regardless of length and
  858  regardless of whether the movie contains sound.
  859         Section 20. Paragraph (l) of subsection (1) of section
  860  775.0877, Florida Statutes, is amended to read:
  861         775.0877 Criminal transmission of HIV; procedures;
  862  penalties.—
  863         (1) In any case in which a person has been convicted of or
  864  has pled nolo contendere or guilty to, regardless of whether
  865  adjudication is withheld, any of the following offenses, or the
  866  attempt thereof, which offense or attempted offense involves the
  867  transmission of body fluids from one person to another:
  868         (l) Former s. Section 827.071 or s. 847.003, relating to
  869  sexual performance by a child person less than 18 years of age;
  870  
  871  the court shall order the offender to undergo HIV testing, to be
  872  performed under the direction of the Department of Health in
  873  accordance with s. 381.004, unless the offender has undergone
  874  HIV testing voluntarily or pursuant to procedures established in
  875  s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
  876  rule providing for HIV testing of criminal offenders or inmates,
  877  subsequent to her or his arrest for an offense enumerated in
  878  paragraphs (a)-(n) for which she or he was convicted or to which
  879  she or he pled nolo contendere or guilty. The results of an HIV
  880  test performed on an offender pursuant to this subsection are
  881  not admissible in any criminal proceeding arising out of the
  882  alleged offense.
  883         Section 21. Paragraph (a) of subsection (4) and paragraph
  884  (b) of subsection (10) of section 775.21, Florida Statutes, are
  885  amended to read:
  886         775.21 The Florida Sexual Predators Act.—
  887         (4) SEXUAL PREDATOR CRITERIA.—
  888         (a) For a current offense committed on or after October 1,
  889  1993, upon conviction, an offender shall be designated as a
  890  “sexual predator” under subsection (5), and subject to
  891  registration under subsection (6) and community and public
  892  notification under subsection (7) if:
  893         1. The felony is:
  894         a. A capital, life, or first degree felony violation, or
  895  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  896  is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a
  897  violation of a similar law of another jurisdiction; or
  898         b. Any felony violation, or any attempt thereof, of s.
  899  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  900  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  901  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  902  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  903  s. 800.04; s. 810.145(8)(b); s. 825.1025; former s. 827.071; s.
  904  847.003; s. 847.0135, excluding s. 847.0135(6); s. 847.0137(2);
  905  s. 847.0145; s. 895.03, if the court makes a written finding
  906  that the racketeering activity involved at least one sexual
  907  offense listed in this sub-subparagraph or at least one offense
  908  listed in this sub-subparagraph with sexual intent or motive; s.
  909  916.1075(2); or s. 985.701(1); or a violation of a similar law
  910  of another jurisdiction, and the offender has previously been
  911  convicted of or found to have committed, or has pled nolo
  912  contendere or guilty to, regardless of adjudication, any
  913  violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  914  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
  915  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
  916  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
  917  former s. 796.035; s. 800.04; s. 825.1025; former s. 827.071; s.
  918  847.003; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
  919  847.0137(2); s. 847.0145; s. 895.03, if the court makes a
  920  written finding that the racketeering activity involved at least
  921  one sexual offense listed in this sub-subparagraph or at least
  922  one offense listed in this sub-subparagraph with sexual intent
  923  or motive; s. 916.1075(2); or s. 985.701(1); or a violation of a
  924  similar law of another jurisdiction;
  925         2. The offender has not received a pardon for any felony or
  926  similar law of another jurisdiction that is necessary for the
  927  operation of this paragraph; and
  928         3. A conviction of a felony or similar law of another
  929  jurisdiction necessary to the operation of this paragraph has
  930  not been set aside in any postconviction proceeding.
  931         (10) PENALTIES.—
  932         (b) A sexual predator who has been convicted of or found to
  933  have committed, or has pled nolo contendere or guilty to,
  934  regardless of adjudication, any violation, or attempted
  935  violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  936  the victim is a minor; s. 794.011, excluding s. 794.011(10); s.
  937  794.05; former s. 796.03; former s. 796.035; s. 800.04; former
  938  s. 827.071; s. 847.003; s. 847.0133; s. 847.0135(5); s.
  939  847.0137(2); s. 847.0145; or s. 985.701(1); or a violation of a
  940  similar law of another jurisdiction when the victim of the
  941  offense was a minor, and who works, whether for compensation or
  942  as a volunteer, at any business, school, child care facility,
  943  park, playground, or other place where children regularly
  944  congregate, commits a felony of the third degree, punishable as
  945  provided in s. 775.082, s. 775.083, or s. 775.084.
  946         Section 22. Subsection (2) and paragraphs (a) and (c) of
  947  subsection (3) of section 775.215, Florida Statutes, are amended
  948  to read:
  949         775.215 Residency restriction for persons convicted of
  950  certain sex offenses.—
  951         (2)(a) A person who has been convicted of a violation of s.
  952  794.011, s. 800.04, former s. 827.071, s. 847.003, s.
  953  847.0135(5), s. 847.0137(2), or s. 847.0145, regardless of
  954  whether adjudication has been withheld, in which the victim of
  955  the offense was less than 16 years of age, may not reside within
  956  1,000 feet of any school, child care facility, park, or
  957  playground. However, a person does not violate this subsection
  958  and may not be forced to relocate if he or she is living in a
  959  residence that meets the requirements of this subsection and a
  960  school, child care facility, park, or playground is subsequently
  961  established within 1,000 feet of his or her residence.
  962         (b) A person who violates this subsection and whose
  963  conviction under s. 794.011, s. 800.04, former s. 827.071, s.
  964  847.003, s. 847.0135(5), s. 847.0137(2), or s. 847.0145 was
  965  classified as a felony of the first degree or higher commits a
  966  felony of the third degree, punishable as provided in s. 775.082
  967  or s. 775.083. A person who violates this subsection and whose
  968  conviction under s. 794.011, s. 800.04, former s. 827.071, s.
  969  847.003, s. 847.0135(5), s. 847.0137(2), or s. 847.0145 was
  970  classified as a felony of the second or third degree commits a
  971  misdemeanor of the first degree, punishable as provided in s.
  972  775.082 or s. 775.083.
  973         (c) This subsection applies to any person convicted of a
  974  violation of s. 794.011, s. 800.04, former s. 827.071, s.
  975  847.003, s. 847.0135(5), s. 847.0137(2), or s. 847.0145 for
  976  offenses that occur on or after October 1, 2004, excluding
  977  persons who have been removed from the requirement to register
  978  as a sexual offender or sexual predator pursuant to s.
  979  943.04354.
  980         (3)(a) A person who has been convicted of an offense in
  981  another jurisdiction that is similar to a violation of s.
  982  794.011, s. 800.04, former s. 827.071, s. 847.003, s.
  983  847.0135(5), s. 847.0137(2), or s. 847.0145, regardless of
  984  whether adjudication has been withheld, in which the victim of
  985  the offense was less than 16 years of age, may not reside within
  986  1,000 feet of any school, child care facility, park, or
  987  playground. However, a person does not violate this subsection
  988  and may not be forced to relocate if he or she is living in a
  989  residence that meets the requirements of this subsection and a
  990  school, child care facility, park, or playground is subsequently
  991  established within 1,000 feet of his or her residence.
  992         (c) This subsection applies to any person convicted of an
  993  offense in another jurisdiction that is similar to a violation
  994  of s. 794.011, s. 800.04, former s. 827.071, s. 847.003, s.
  995  847.0135(5), s. 847.0137(2), or s. 847.0145 if such offense
  996  occurred on or after May 26, 2010, excluding persons who have
  997  been removed from the requirement to register as a sexual
  998  offender or sexual predator pursuant to s. 943.04354.
  999         Section 23. Paragraph (c) of subsection (1) of section
 1000  784.046, Florida Statutes, is amended to read:
 1001         784.046 Action by victim of repeat violence, sexual
 1002  violence, or dating violence for protective injunction; dating
 1003  violence investigations, notice to victims, and reporting;
 1004  pretrial release violations; public records exemption.—
 1005         (1) As used in this section, the term:
 1006         (c) “Sexual violence” means any one incident of:
 1007         1. Sexual battery, as defined in chapter 794;
 1008         2. A lewd or lascivious act, as defined in chapter 800,
 1009  committed upon or in the presence of a person younger than 16
 1010  years of age;
 1011         3. Luring or enticing a child, as described in chapter 787;
 1012         4. Sexual performance by a child, as described in former s.
 1013  827.071 or s. 847.003 chapter 827; or
 1014         5. Any other forcible felony wherein a sexual act is
 1015  committed or attempted,
 1016  
 1017  regardless of whether criminal charges based on the incident
 1018  were filed, reduced, or dismissed by the state attorney.
 1019         Section 24. Subsection (2) of section 794.0115, Florida
 1020  Statutes, is amended to read:
 1021         794.0115 Dangerous sexual felony offender; mandatory
 1022  sentencing.—
 1023         (2) Any person who is convicted of a violation of s.
 1024  787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.
 1025  800.04(4) or (5); s. 825.1025(2) or (3); former s. 827.071(2),
 1026  (3), or (4); s. 847.003; s. 847.0137(2)(a); or s. 847.0145; or
 1027  of any similar offense under a former designation, which offense
 1028  the person committed when he or she was 18 years of age or
 1029  older, and the person:
 1030         (a) Caused serious personal injury to the victim as a
 1031  result of the commission of the offense;
 1032         (b) Used or threatened to use a deadly weapon during the
 1033  commission of the offense;
 1034         (c) Victimized more than one person during the course of
 1035  the criminal episode applicable to the offense;
 1036         (d) Committed the offense while under the jurisdiction of a
 1037  court for a felony offense under the laws of this state, for an
 1038  offense that is a felony in another jurisdiction, or for an
 1039  offense that would be a felony if that offense were committed in
 1040  this state; or
 1041         (e) Has previously been convicted of a violation of s.
 1042  787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.
 1043  800.04(4) or (5); s. 825.1025(2) or (3); former s. 827.071(2),
 1044  (3), or (4); s. 847.003; s. 847.0137(2)(a); or s. 847.0145; of
 1045  any offense under a former statutory designation which is
 1046  similar in elements to an offense described in this paragraph;
 1047  or of any offense that is a felony in another jurisdiction, or
 1048  would be a felony if that offense were committed in this state,
 1049  and which is similar in elements to an offense described in this
 1050  paragraph,
 1051  
 1052  is a dangerous sexual felony offender, who must be sentenced to
 1053  a mandatory minimum term of 25 years imprisonment up to, and
 1054  including, life imprisonment. If the offense described in this
 1055  subsection was committed on or after October 1, 2014, a person
 1056  who qualifies as a dangerous sexual felony offender pursuant to
 1057  this subsection must be sentenced to a mandatory minimum term of
 1058  50 years imprisonment up to, and including, life imprisonment.
 1059         Section 25. Subsection (1) of section 794.024, Florida
 1060  Statutes, is amended to read:
 1061         794.024 Unlawful to disclose identifying information.—
 1062         (1) A public employee or officer who has access to the
 1063  photograph, name, or address of a person who is alleged to be
 1064  the victim of an offense described in this chapter, chapter 800,
 1065  s. 827.03, s. 827.04, or former or s. 827.071, or of a sexual
 1066  offense described in chapter 847 may not willfully and knowingly
 1067  disclose it to a person who is not assisting in the
 1068  investigation or prosecution of the alleged offense or to any
 1069  person other than the defendant, the defendant’s attorney, a
 1070  person specified in an order entered by the court having
 1071  jurisdiction of the alleged offense, or organizations authorized
 1072  to receive such information made exempt by s. 119.071(2)(h), or
 1073  to a rape crisis center or sexual assault counselor, as defined
 1074  in s. 90.5035(1)(b), who will be offering services to the
 1075  victim.
 1076         Section 26. Subsection (1) of section 794.056, Florida
 1077  Statutes, is amended to read:
 1078         794.056 Rape Crisis Program Trust Fund.—
 1079         (1) The Rape Crisis Program Trust Fund is created within
 1080  the Department of Health for the purpose of providing funds for
 1081  rape crisis centers in this state. Trust fund moneys shall be
 1082  used exclusively for the purpose of providing services for
 1083  victims of sexual assault. Funds credited to the trust fund
 1084  consist of those funds collected as an additional court
 1085  assessment in each case in which a defendant pleads guilty or
 1086  nolo contendere to, or is found guilty of, regardless of
 1087  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 1088  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 1089  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 1090  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 1091  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 1092  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 1093  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 1094  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 1095  825.1025; former s. 827.071; s. 836.10; s. 847.003; s. 847.0133;
 1096  s. 847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c),
 1097  (7), (8), (9)(a), (13), and (14)(c); or s. 985.701(1). Funds
 1098  credited to the trust fund also shall include revenues provided
 1099  by law, moneys appropriated by the Legislature, and grants from
 1100  public or private entities.
 1101         Section 27. Section 796.001, Florida Statutes, is amended
 1102  to read:
 1103         796.001 Offenses by adults involving minors; intent.—It is
 1104  the intent of the Legislature that adults who involve minors in
 1105  any behavior prohibited under this chapter be prosecuted under
 1106  other laws of this state, such as, but not limited to, s.
 1107  787.06, chapter 794, chapter 800, s. 810.145, former s. 827.071
 1108  chapter 827, and chapter 847. The Legislature finds that
 1109  prosecution of such adults under this chapter is inappropriate
 1110  since a minor is unable to consent to such behavior.
 1111         Section 28. Section 827.071, Florida Statutes, is repealed.
 1112         Section 29. Subsections (3), (8), and (16) of section
 1113  847.001, Florida Statutes, are amended to read:
 1114         847.001 Definitions.—As used in this chapter, the term:
 1115         (3) “Child pornography” has the same meaning as provided in
 1116  s. 847.0137 means any image depicting a minor engaged in sexual
 1117  conduct.
 1118         (8) “Minor” or “child” means a any person under the age of
 1119  18 years.
 1120         (16) “Sexual conduct” means actual or simulated sexual
 1121  intercourse, deviate sexual intercourse, sexual bestiality,
 1122  masturbation, or sadomasochistic abuse; actual or simulated lewd
 1123  exhibition of the genitals; actual physical contact with a
 1124  person’s clothed or unclothed genitals, pubic area, buttocks,
 1125  or, if such person is a female, breast with the intent to arouse
 1126  or gratify the sexual desire of either party; or any act or
 1127  conduct which constitutes sexual battery or simulates that
 1128  sexual battery is being or will be committed. A mother’s
 1129  breastfeeding of her baby does not under any circumstance
 1130  constitute “sexual conduct.”
 1131         Section 30. Section 847.003, Florida Statutes, is created
 1132  to read:
 1133         847.003Sexual performance by a child; penalties.—
 1134         (1)As used in this section, the term:
 1135         (a)“Performance” means a play, motion picture, photograph,
 1136  or dance or other visual representation exhibited before an
 1137  audience.
 1138         (b)“Promote” means to procure, manufacture, issue, sell,
 1139  give, provide, lend, mail, deliver, transfer, transmute,
 1140  publish, distribute, circulate, disseminate, present, exhibit,
 1141  or advertise or to offer or agree to do the same.
 1142         (c)“Sexual performance” means a performance or part
 1143  thereof which includes sexual conduct by a child.
 1144         (2)A person who, knowing the character and content
 1145  thereof, employs, authorizes, or induces a child to engage in a
 1146  sexual performance or, being a parent, legal guardian, or
 1147  custodian of such child, consents to the participation by such
 1148  child in a sexual performance commits the offense of use of a
 1149  child in a sexual performance, a felony of the second degree,
 1150  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1151         (3)A person who, knowing the character and content
 1152  thereof, produces, directs, or promotes a performance that
 1153  includes sexual conduct by a child commits the offense of
 1154  promoting a sexual performance by a child, a felony of the
 1155  second degree, punishable as provided in s. 775.082, s. 775.083,
 1156  or s. 775.084.
 1157         Section 31. Subsections (2), (3), and (4) of section
 1158  847.0135, Florida Statutes, are amended to read:
 1159         847.0135 Computer pornography; child exploitation
 1160  prohibited computer usage; traveling to meet minor; penalties.—
 1161         (2) COMPUTER PORNOGRAPHY.—A person who:
 1162         (a) Knowingly compiles, enters into, or transmits by use of
 1163  computer;
 1164         (b) Makes, prints, publishes, or reproduces by other
 1165  computerized means;
 1166         (c) Knowingly causes or allows to be entered into or
 1167  transmitted by use of computer; or
 1168         (d) Buys, sells, receives, exchanges, or disseminates,
 1169  
 1170  a any notice, statement, or advertisement of a any minor’s name,
 1171  telephone number, place of residence, physical characteristics,
 1172  or other descriptive or identifying information for purposes of
 1173  facilitating, encouraging, offering, or soliciting sexual
 1174  conduct of or with a any minor, or the visual depiction of such
 1175  conduct, commits a felony of the third degree, punishable as
 1176  provided in s. 775.082, s. 775.083, or s. 775.084. The fact that
 1177  an undercover operative or law enforcement officer was involved
 1178  in the detection and investigation of an offense under this
 1179  section shall not constitute a defense to a prosecution under
 1180  this section.
 1181         (3) CERTAIN USES OF COMPUTER SERVICES OR DEVICES
 1182  PROHIBITED.—A Any person who knowingly uses a computer online
 1183  service, Internet service, local bulletin board service, or any
 1184  other device capable of electronic data storage or transmission
 1185  to:
 1186         (a) Seduce, solicit, lure, or entice, or attempt to seduce,
 1187  solicit, lure, or entice, a child or another person believed by
 1188  the person to be a child, to commit an any illegal act described
 1189  in chapter 794, chapter 800, former s. 827.071 or chapter 827,
 1190  s. 847.003, or s. 847.0137, or to otherwise engage in any
 1191  unlawful sexual conduct with a child or with another person
 1192  believed by the person to be a child; or
 1193         (b) Solicit, lure, or entice, or attempt to solicit, lure,
 1194  or entice a parent, legal guardian, or custodian of a child or a
 1195  person believed to be a parent, legal guardian, or custodian of
 1196  a child to consent to the participation of such child in an any
 1197  act described in chapter 794, chapter 800, former s. 827.071 or
 1198  chapter 827, s. 847.003, or s. 847.0137, or to otherwise engage
 1199  in any sexual conduct,
 1200  
 1201  commits a felony of the third degree, punishable as provided in
 1202  s. 775.082, s. 775.083, or s. 775.084. A Any person who, in
 1203  violating this subsection, misrepresents his or her age, commits
 1204  a felony of the second degree, punishable as provided in s.
 1205  775.082, s. 775.083, or s. 775.084. Each separate use of a
 1206  computer online service, Internet service, local bulletin board
 1207  service, or any other device capable of electronic data storage
 1208  or transmission wherein an offense described in this section is
 1209  committed may be charged as a separate offense.
 1210         (4) TRAVELING TO MEET A MINOR.—A Any person who travels any
 1211  distance either within this state, to this state, or from this
 1212  state by any means, who attempts to do so, or who causes another
 1213  to do so or to attempt to do so for the purpose of engaging in
 1214  an any illegal act described in chapter 794, chapter 800, former
 1215  s. 827.071 or chapter 827, s. 847.003, or s. 847.0137, or to
 1216  otherwise engage in other unlawful sexual conduct with a child
 1217  or with another person believed by the person to be a child
 1218  after using a computer online service, Internet service, local
 1219  bulletin board service, or any other device capable of
 1220  electronic data storage or transmission to:
 1221         (a) Seduce, solicit, lure, or entice or attempt to seduce,
 1222  solicit, lure, or entice a child or another person believed by
 1223  the person to be a child, to engage in an any illegal act
 1224  described in chapter 794, chapter 800, former s. 827.071 or
 1225  chapter 827, s. 847.003, or s. 847.0137, or to otherwise engage
 1226  in other unlawful sexual conduct with a child; or
 1227         (b) Solicit, lure, or entice or attempt to solicit, lure,
 1228  or entice a parent, legal guardian, or custodian of a child or a
 1229  person believed to be a parent, legal guardian, or custodian of
 1230  a child to consent to the participation of such child in an any
 1231  act described in chapter 794, chapter 800, former s. 827.071 or
 1232  chapter 827, s. 847.003, or s. 847.0137, or to otherwise engage
 1233  in any sexual conduct,
 1234  
 1235  commits a felony of the second degree, punishable as provided in
 1236  s. 775.082, s. 775.083, or s. 775.084.
 1237         Section 32. Subsection (1) of section 847.01357, Florida
 1238  Statutes, is amended to read:
 1239         847.01357 Exploited children’s civil remedy.—
 1240         (1) A Any person who, while under the age of 18, was a
 1241  victim of a sexual abuse crime listed in chapter 794, chapter
 1242  800, former s. 827.071 chapter 827, or chapter 847, where any
 1243  portion of such abuse was used in the production of child
 1244  pornography, and who suffers personal or psychological injury as
 1245  a result of the production, promotion, or possession of such
 1246  images or movies, may bring an action in an appropriate state
 1247  court against the producer, promoter, or possessor of such
 1248  images or movies, regardless of whether the victim is now an
 1249  adult. In any action brought under this section, a prevailing
 1250  plaintiff shall recover the actual damages such person sustained
 1251  and the cost of the suit, including reasonable attorney
 1252  attorney’s fees. A Any victim who is awarded damages under this
 1253  section shall be deemed to have sustained damages of at least
 1254  $150,000.
 1255         Section 33. Section 847.0137, Florida Statutes, is amended
 1256  to read:
 1257         847.0137 Child pornography; Transmission of pornography by
 1258  electronic device or equipment prohibited acts; penalties.—
 1259         (1) For purposes of this section, the term:
 1260         (a) “Child pornography” means a visual depiction of sexual
 1261  conduct, in which:
 1262         1.The production of such visual depiction involves the use
 1263  of a minor engaging in sexual conduct; or
 1264         2.Such visual depiction has been created, adapted, or
 1265  modified to appear that an identifiable minor is engaging in
 1266  sexual conduct “Minor” means any person less than 18 years of
 1267  age.
 1268         (b)“Identifiable minor” means a person who is recognizable
 1269  as an actual person by the person’s face, likeness, or other
 1270  distinguishing characteristic, such as a unique birthmark, or
 1271  other recognizable feature and:
 1272         1.Who was a minor at the time the visual depiction was
 1273  created, adapted, or modified; or
 1274         2.Whose image as a minor was used in creating, adapting,
 1275  or modifying the visual depiction.
 1276  
 1277  This paragraph does not require proof of the actual identity of
 1278  the identifiable minor.
 1279         (c)“Intentionally view” means to deliberately,
 1280  purposefully, and voluntarily view. Proof of intentional viewing
 1281  requires establishing that a person deliberately, purposefully,
 1282  and voluntarily viewed more than one visual depiction over any
 1283  period of time.
 1284         (d)“Promote” means to procure, manufacture, issue, sell,
 1285  give, provide, lend, mail, deliver, transfer, transmute,
 1286  publish, distribute, circulate, disseminate, present, exhibit,
 1287  or advertise or to offer or agree to do the same.
 1288         (e)(b) “Transmit” means the act of sending and causing to
 1289  be delivered, including the act of providing access for
 1290  receiving and causing to be delivered, a visual depiction any
 1291  image, information, or data from one or more persons or places
 1292  to one or more other persons or places over or through any
 1293  medium, including the Internet or an interconnected network, by
 1294  use of any electronic equipment or other device.
 1295         (f)“Visual depiction” includes, but is not limited to, a
 1296  photograph, picture, image, motion picture, film, video,
 1297  representation, or computer or computer-generated image or
 1298  picture, whether made or produced by electronic, mechanical, or
 1299  other means. The term also includes undeveloped film and
 1300  videotape, data stored on computer disk or by electronic means
 1301  which is capable of conversion into a visual image, and data
 1302  that is capable of conversion into a visual image that has been
 1303  transmitted by any means, whether stored in a permanent or
 1304  nonpermanent format.
 1305         (2)(a)It is unlawful for a person to possess, with the
 1306  intent to promote, child pornography. The possession of three or
 1307  more visual depictions of child pornography is prima facie
 1308  evidence of an intent to promote. A person who violates this
 1309  paragraph commits a felony of the second degree, punishable as
 1310  provided in s. 775.082, s. 775.083, or s. 775.084.
 1311         (b)It is unlawful for a person to knowingly possess,
 1312  control, or intentionally view child pornography. The
 1313  possession, control, or intentional viewing of each visual
 1314  depiction of child pornography is a separate offense. If the
 1315  visual depiction includes sexual conduct by more than one minor,
 1316  each minor in each visual depiction that is knowingly possessed,
 1317  controlled, or intentionally viewed is a separate offense. A
 1318  person who violates this paragraph commits a felony of the third
 1319  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1320  775.084.
 1321         (c)This subsection does not apply to child pornography
 1322  possessed, controlled, or intentionally viewed as part of a law
 1323  enforcement investigation.
 1324         (d)Prosecution of a person for an offense under this
 1325  subsection does not prohibit prosecution of that person in this
 1326  state for a violation of any law of this state, including a law
 1327  providing for greater penalties than prescribed in this section,
 1328  or for any other crime punishing the sexual performance or
 1329  sexual exploitation of children.
 1330         (3)(a)(2) Notwithstanding ss. 847.012 and 847.0133, a any
 1331  person in this state who knew or reasonably should have known
 1332  that he or she was transmitting child pornography, as defined in
 1333  s. 847.001, to another person in this state or in another
 1334  jurisdiction commits a felony of the third degree, punishable as
 1335  provided in s. 775.082, s. 775.083, or s. 775.084.
 1336         (b)(3) Notwithstanding ss. 847.012 and 847.0133, a any
 1337  person in any jurisdiction other than this state who knew or
 1338  reasonably should have known that he or she was transmitting
 1339  child pornography, as defined in s. 847.001, to another any
 1340  person in this state commits a felony of the third degree,
 1341  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1342         (c)(4) This subsection does section shall not be construed
 1343  to prohibit prosecution of a person in this state or another
 1344  jurisdiction for a violation of any law of this state, including
 1345  a law providing for greater penalties than prescribed in this
 1346  subsection section, for the transmission of child pornography,
 1347  as defined in s. 847.001, to another any person in this state.
 1348         (d)(5) A person is subject to prosecution in this state
 1349  pursuant to chapter 910 for any act or conduct proscribed by
 1350  this subsection section, including a person in a jurisdiction
 1351  other than this state, if the act or conduct violates paragraph
 1352  (b) subsection (3).
 1353         (e)This subsection does The provisions of this section do
 1354  not apply to subscription-based transmissions such as list
 1355  servers.
 1356         Section 34. Subsection (1) of section 856.022, Florida
 1357  Statutes, is amended to read:
 1358         856.022 Loitering or prowling by certain offenders in close
 1359  proximity to children; penalty.—
 1360         (1) Except as provided in subsection (2), this section
 1361  applies to a person convicted of committing, or attempting,
 1362  soliciting, or conspiring to commit, any of the criminal
 1363  offenses proscribed in the following statutes in this state or
 1364  similar offenses in another jurisdiction against a victim who
 1365  was under 18 years of age at the time of the offense: s. 787.01,
 1366  s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
 1367  787.06(3)(g); s. 794.011, excluding s. 794.011(10); s. 794.05;
 1368  former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025;
 1369  former s. 827.071; s. 847.003; s. 847.0133; s. 847.0135,
 1370  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1371  s. 985.701(1); or any similar offense committed in this state
 1372  which has been redesignated from a former statute number to one
 1373  of those listed in this subsection, if the person has not
 1374  received a pardon for any felony or similar law of another
 1375  jurisdiction necessary for the operation of this subsection and
 1376  a conviction of a felony or similar law of another jurisdiction
 1377  necessary for the operation of this subsection has not been set
 1378  aside in any postconviction proceeding.
 1379         Section 35. Paragraph (a) of subsection (8) of section
 1380  895.02, Florida Statutes, is amended to read:
 1381         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
 1382         (8) “Racketeering activity” means to commit, to attempt to
 1383  commit, to conspire to commit, or to solicit, coerce, or
 1384  intimidate another person to commit:
 1385         (a) Any crime that is chargeable by petition, indictment,
 1386  or information under the following provisions of the Florida
 1387  Statutes:
 1388         1. Section 210.18, relating to evasion of payment of
 1389  cigarette taxes.
 1390         2. Section 316.1935, relating to fleeing or attempting to
 1391  elude a law enforcement officer and aggravated fleeing or
 1392  eluding.
 1393         3. Section 403.727(3)(b), relating to environmental
 1394  control.
 1395         4. Section 409.920 or s. 409.9201, relating to Medicaid
 1396  fraud.
 1397         5. Section 414.39, relating to public assistance fraud.
 1398         6. Section 440.105 or s. 440.106, relating to workers’
 1399  compensation.
 1400         7. Section 443.071(4), relating to creation of a fictitious
 1401  employer scheme to commit reemployment assistance fraud.
 1402         8. Section 465.0161, relating to distribution of medicinal
 1403  drugs without a permit as an Internet pharmacy.
 1404         9. Section 499.0051, relating to crimes involving
 1405  contraband, adulterated, or misbranded drugs.
 1406         10. Part IV of chapter 501, relating to telemarketing.
 1407         11. Chapter 517, relating to sale of securities and
 1408  investor protection.
 1409         12. Section 550.235 or s. 550.3551, relating to dogracing
 1410  and horseracing.
 1411         13. Chapter 550, relating to jai alai frontons.
 1412         14. Section 551.109, relating to slot machine gaming.
 1413         15. Chapter 552, relating to the manufacture, distribution,
 1414  and use of explosives.
 1415         16. Chapter 560, relating to money transmitters, if the
 1416  violation is punishable as a felony.
 1417         17. Chapter 562, relating to beverage law enforcement.
 1418         18. Section 624.401, relating to transacting insurance
 1419  without a certificate of authority, s. 624.437(4)(c)1., relating
 1420  to operating an unauthorized multiple-employer welfare
 1421  arrangement, or s. 626.902(1)(b), relating to representing or
 1422  aiding an unauthorized insurer.
 1423         19. Section 655.50, relating to reports of currency
 1424  transactions, when such violation is punishable as a felony.
 1425         20. Chapter 687, relating to interest and usurious
 1426  practices.
 1427         21. Section 721.08, s. 721.09, or s. 721.13, relating to
 1428  real estate timeshare plans.
 1429         22. Section 775.13(5)(b), relating to registration of
 1430  persons found to have committed any offense for the purpose of
 1431  benefiting, promoting, or furthering the interests of a criminal
 1432  gang.
 1433         23. Section 777.03, relating to commission of crimes by
 1434  accessories after the fact.
 1435         24. Chapter 782, relating to homicide.
 1436         25. Chapter 784, relating to assault and battery.
 1437         26. Chapter 787, relating to kidnapping or human
 1438  trafficking.
 1439         27. Chapter 790, relating to weapons and firearms.
 1440         28. Chapter 794, relating to sexual battery, but only if
 1441  such crime was committed with the intent to benefit, promote, or
 1442  further the interests of a criminal gang, or for the purpose of
 1443  increasing a criminal gang member’s own standing or position
 1444  within a criminal gang.
 1445         29. Former s. 796.03, former s. 796.035, s. 796.04, s.
 1446  796.05, or s. 796.07, relating to prostitution.
 1447         30. Chapter 806, relating to arson and criminal mischief.
 1448         31. Chapter 810, relating to burglary and trespass.
 1449         32. Chapter 812, relating to theft, robbery, and related
 1450  crimes.
 1451         33. Chapter 815, relating to computer-related crimes.
 1452         34. Chapter 817, relating to fraudulent practices, false
 1453  pretenses, fraud generally, and credit card crimes.
 1454         35. Chapter 825, relating to abuse, neglect, or
 1455  exploitation of an elderly person or disabled adult.
 1456         36. Former s. Section 827.071, relating to commercial
 1457  sexual exploitation of children.
 1458         37. Section 828.122, relating to fighting or baiting
 1459  animals.
 1460         38. Chapter 831, relating to forgery and counterfeiting.
 1461         39. Chapter 832, relating to issuance of worthless checks
 1462  and drafts.
 1463         40. Section 836.05, relating to extortion.
 1464         41. Chapter 837, relating to perjury.
 1465         42. Chapter 838, relating to bribery and misuse of public
 1466  office.
 1467         43. Chapter 843, relating to obstruction of justice.
 1468         44.Section 847.003, relating to sexual performance by a
 1469  child.
 1470         45.44. Section 847.011, s. 847.012, s. 847.013, s. 847.06,
 1471  or s. 847.07, relating to obscene literature and profanity.
 1472         46.45. Chapter 849, relating to gambling, lottery, gambling
 1473  or gaming devices, slot machines, or any of the provisions
 1474  within that chapter.
 1475         47.46. Chapter 874, relating to criminal gangs.
 1476         48.47. Chapter 893, relating to drug abuse prevention and
 1477  control.
 1478         49.48. Chapter 896, relating to offenses related to
 1479  financial transactions.
 1480         50.49. Sections 914.22 and 914.23, relating to tampering
 1481  with or harassing a witness, victim, or informant, and
 1482  retaliation against a witness, victim, or informant.
 1483         51.50. Sections 918.12 and 918.13, relating to tampering
 1484  with jurors and evidence.
 1485         Section 36. Subsection (8) of section 905.34, Florida
 1486  Statutes, is amended to read:
 1487         905.34 Powers and duties; law applicable.—The jurisdiction
 1488  of a statewide grand jury impaneled under this chapter shall
 1489  extend throughout the state. The subject matter jurisdiction of
 1490  the statewide grand jury shall be limited to the offenses of:
 1491         (8) Any violation of s. 847.003, s. 847.0135, s. 847.0137,
 1492  or s. 847.0138 relating to computer pornography and child
 1493  exploitation prevention, or any offense related to a violation
 1494  of s. 847.003, s. 847.0135, s. 847.0137, or s. 847.0138 or any
 1495  violation of former s. 827.071 when chapter 827 where the crime
 1496  is facilitated by or connected to the use of the Internet or any
 1497  device capable of electronic data storage or transmission;
 1498  
 1499  or any attempt, solicitation, or conspiracy to commit any
 1500  violation of the crimes specifically enumerated above, when any
 1501  such offense is occurring, or has occurred, in two or more
 1502  judicial circuits as part of a related transaction or when any
 1503  such offense is connected with an organized criminal conspiracy
 1504  affecting two or more judicial circuits. The statewide grand
 1505  jury may return indictments and presentments irrespective of the
 1506  county or judicial circuit where the offense is committed or
 1507  triable. If an indictment is returned, it shall be certified and
 1508  transferred for trial to the county where the offense was
 1509  committed. The powers and duties of, and law applicable to,
 1510  county grand juries shall apply to a statewide grand jury except
 1511  when such powers, duties, and law are inconsistent with the
 1512  provisions of ss. 905.31-905.40.
 1513         Section 37. Paragraph (a) of subsection (1) of section
 1514  934.07, Florida Statutes, is amended to read:
 1515         934.07 Authorization for interception of wire, oral, or
 1516  electronic communications.—
 1517         (1) The Governor, the Attorney General, the statewide
 1518  prosecutor, or any state attorney may authorize an application
 1519  to a judge of competent jurisdiction for, and such judge may
 1520  grant in conformity with ss. 934.03-934.09 an order authorizing
 1521  or approving the interception of, wire, oral, or electronic
 1522  communications by:
 1523         (a) The Department of Law Enforcement or any law
 1524  enforcement agency as defined in s. 934.02 having responsibility
 1525  for the investigation of the offense as to which the application
 1526  is made when such interception may provide or has provided
 1527  evidence of the commission of the offense of murder, kidnapping,
 1528  aircraft piracy, arson, gambling, robbery, burglary, theft,
 1529  dealing in stolen property, criminal usury, bribery, or
 1530  extortion; any felony violation of ss. 790.161-790.166,
 1531  inclusive; any violation of s. 787.06; any violation of chapter
 1532  893; any violation of the provisions of the Florida Anti-Fencing
 1533  Act; any violation of chapter 895; any violation of chapter 896;
 1534  any violation of chapter 815; any violation of chapter 847; any
 1535  violation of former s. 827.071; any violation of s. 944.40; or
 1536  any conspiracy or solicitation to commit any violation of the
 1537  laws of this state relating to the crimes specifically
 1538  enumerated in this paragraph.
 1539         Section 38. Section 938.085, Florida Statutes, is amended
 1540  to read:
 1541         938.085 Additional cost to fund rape crisis centers.—In
 1542  addition to any sanction imposed when a person pleads guilty or
 1543  nolo contendere to, or is found guilty of, regardless of
 1544  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 1545  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 1546  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 1547  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 1548  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 1549  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 1550  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 1551  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; former
 1552  s. 827.071; s. 836.10; s. 847.003; s. 847.0133; s. 847.0135
 1553  847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c), (7),
 1554  (8), (9)(a), (13), and (14)(c); or s. 985.701(1), the court
 1555  shall impose a surcharge of $151. Payment of the surcharge shall
 1556  be a condition of probation, community control, or any other
 1557  court-ordered supervision. The sum of $150 of the surcharge
 1558  shall be deposited into the Rape Crisis Program Trust Fund
 1559  established within the Department of Health by chapter 2003-140,
 1560  Laws of Florida. The clerk of the court shall retain $1 of each
 1561  surcharge that the clerk of the court collects as a service
 1562  charge of the clerk’s office.
 1563         Section 39. Subsection (1) of section 938.10, Florida
 1564  Statutes, is amended to read:
 1565         938.10 Additional court cost imposed in cases of certain
 1566  crimes.—
 1567         (1) If a person pleads guilty or nolo contendere to, or is
 1568  found guilty of, regardless of adjudication, any offense against
 1569  a minor in violation of s. 784.085, chapter 787, chapter 794,
 1570  former s. 796.03, former s. 796.035, s. 800.04, chapter 827,
 1571  former s. 827.071, s. 847.003, s. 847.012, s. 847.0133, s.
 1572  847.0135 847.0135(5), s. 847.0137, s. 847.0138, s. 847.0145, s.
 1573  893.147(3), or s. 985.701, or any offense in violation of s.
 1574  775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
 1575  court shall impose a court cost of $151 against the offender in
 1576  addition to any other cost or penalty required by law.
 1577         Section 40. Paragraph (h) of subsection (1) of section
 1578  943.0435, Florida Statutes, is amended to read:
 1579         943.0435 Sexual offenders required to register with the
 1580  department; penalty.—
 1581         (1) As used in this section, the term:
 1582         (h)1. “Sexual offender” means a person who meets the
 1583  criteria in sub-subparagraph a., sub-subparagraph b., sub
 1584  subparagraph c., or sub-subparagraph d., as follows:
 1585         a.(I) Has been convicted of committing, or attempting,
 1586  soliciting, or conspiring to commit, any of the criminal
 1587  offenses proscribed in the following statutes in this state or
 1588  similar offenses in another jurisdiction: s. 393.135(2); s.
 1589  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 1590  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
 1591  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
 1592  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
 1593  810.145(8); s. 825.1025; former s. 827.071; s. 847.003; s.
 1594  847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
 1595  847.0138; s. 847.0145; s. 895.03, if the court makes a written
 1596  finding that the racketeering activity involved at least one
 1597  sexual offense listed in this sub-sub-subparagraph or at least
 1598  one offense listed in this sub-sub-subparagraph with sexual
 1599  intent or motive; s. 916.1075(2); or s. 985.701(1); or any
 1600  similar offense committed in this state which has been
 1601  redesignated from a former statute number to one of those listed
 1602  in this sub-sub-subparagraph; and
 1603         (II) Has been released on or after October 1, 1997, from
 1604  the sanction imposed for any conviction of an offense described
 1605  in sub-sub-subparagraph (I). For purposes of sub-sub
 1606  subparagraph (I), a sanction imposed in this state or in any
 1607  other jurisdiction includes, but is not limited to, a fine,
 1608  probation, community control, parole, conditional release,
 1609  control release, or incarceration in a state prison, federal
 1610  prison, private correctional facility, or local detention
 1611  facility;
 1612         b. Establishes or maintains a residence in this state and
 1613  who has not been designated as a sexual predator by a court of
 1614  this state but who has been designated as a sexual predator, as
 1615  a sexually violent predator, or by another sexual offender
 1616  designation in another state or jurisdiction and was, as a
 1617  result of such designation, subjected to registration or
 1618  community or public notification, or both, or would be if the
 1619  person were a resident of that state or jurisdiction, without
 1620  regard to whether the person otherwise meets the criteria for
 1621  registration as a sexual offender;
 1622         c. Establishes or maintains a residence in this state who
 1623  is in the custody or control of, or under the supervision of,
 1624  any other state or jurisdiction as a result of a conviction for
 1625  committing, or attempting, soliciting, or conspiring to commit,
 1626  any of the criminal offenses proscribed in the following
 1627  statutes or similar offense in another jurisdiction: s.
 1628  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
 1629  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
 1630  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
 1631  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
 1632  s. 800.04; s. 810.145(8); s. 825.1025; former s. 827.071; s.
 1633  847.003; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
 1634  847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
 1635  makes a written finding that the racketeering activity involved
 1636  at least one sexual offense listed in this sub-subparagraph or
 1637  at least one offense listed in this sub-subparagraph with sexual
 1638  intent or motive; s. 916.1075(2); or s. 985.701(1); or any
 1639  similar offense committed in this state which has been
 1640  redesignated from a former statute number to one of those listed
 1641  in this sub-subparagraph; or
 1642         d. On or after July 1, 2007, has been adjudicated
 1643  delinquent for committing, or attempting, soliciting, or
 1644  conspiring to commit, any of the criminal offenses proscribed in
 1645  the following statutes in this state or similar offenses in
 1646  another jurisdiction when the juvenile was 14 years of age or
 1647  older at the time of the offense:
 1648         (I) Section 794.011, excluding s. 794.011(10);
 1649         (II) Section 800.04(4)(a)2. where the victim is under 12
 1650  years of age or where the court finds sexual activity by the use
 1651  of force or coercion;
 1652         (III) Section 800.04(5)(c)1. where the court finds
 1653  molestation involving unclothed genitals;
 1654         (IV) Section 800.04(5)(d) where the court finds the use of
 1655  force or coercion and unclothed genitals; or
 1656         (V) Any similar offense committed in this state which has
 1657  been redesignated from a former statute number to one of those
 1658  listed in this sub-subparagraph.
 1659         2. For all qualifying offenses listed in sub-subparagraph
 1660  1.d., the court shall make a written finding of the age of the
 1661  offender at the time of the offense.
 1662  
 1663  For each violation of a qualifying offense listed in this
 1664  subsection, except for a violation of s. 794.011, the court
 1665  shall make a written finding of the age of the victim at the
 1666  time of the offense. For a violation of s. 800.04(4), the court
 1667  shall also make a written finding indicating whether the offense
 1668  involved sexual activity and indicating whether the offense
 1669  involved force or coercion. For a violation of s. 800.04(5), the
 1670  court shall also make a written finding that the offense did or
 1671  did not involve unclothed genitals or genital area and that the
 1672  offense did or did not involve the use of force or coercion.
 1673         Section 41. Paragraph (a) of subsection (1) and subsection
 1674  (3) of section 943.04354, Florida Statutes, are amended to read:
 1675         943.04354 Removal of the requirement to register as a
 1676  sexual offender or sexual predator in special circumstances.—
 1677         (1) For purposes of this section, a person shall be
 1678  considered for removal of the requirement to register as a
 1679  sexual offender or sexual predator only if the person:
 1680         (a) Was convicted, regardless of adjudication, or
 1681  adjudicated delinquent of a violation of s. 800.04, former s.
 1682  827.071, s. 847.003, or s. 847.0135(5), or s. 847.0137(2) or of
 1683  a similar offense in another jurisdiction and if the person does
 1684  not have any other conviction, regardless of adjudication, or
 1685  adjudication of delinquency for a violation of s. 794.011, s.
 1686  800.04, former s. 827.071, s. 847.003, or s. 847.0135(5), or s.
 1687  847.0137(2) or for a similar offense in another jurisdiction;
 1688         (3) If a person provides to the Department of Law
 1689  Enforcement a certified copy of the court’s order removing the
 1690  requirement that the person register as a sexual offender or
 1691  sexual predator for the violation of s. 794.011, s. 800.04,
 1692  former s. 827.071, s. 847.003, or s. 847.0135(5), or s.
 1693  847.0137(2) or a similar offense in another jurisdiction, the
 1694  registration requirement will not apply to the person and the
 1695  department shall remove all information about the person from
 1696  the public registry of sexual offenders and sexual predators
 1697  maintained by the department. However, the removal of this
 1698  information from the public registry does not mean that the
 1699  public is denied access to information about the person’s
 1700  criminal history or record that is otherwise available as a
 1701  public record.
 1702         Section 42. Section 943.0585, Florida Statutes, is amended
 1703  to read:
 1704         943.0585 Court-ordered expunction of criminal history
 1705  records.—The courts of this state have jurisdiction over their
 1706  own procedures, including the maintenance, expunction, and
 1707  correction of judicial records containing criminal history
 1708  information to the extent such procedures are not inconsistent
 1709  with the conditions, responsibilities, and duties established by
 1710  this section. Any court of competent jurisdiction may order a
 1711  criminal justice agency to expunge the criminal history record
 1712  of a minor or an adult who complies with the requirements of
 1713  this section. The court shall not order a criminal justice
 1714  agency to expunge a criminal history record until the person
 1715  seeking to expunge a criminal history record has applied for and
 1716  received a certificate of eligibility for expunction pursuant to
 1717  subsection (2) or subsection (5). A criminal history record that
 1718  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
 1719  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
 1720  s. 825.1025, former s. 827.071, chapter 839, s. 847.003, s.
 1721  847.0133, s. 847.0135, s. 847.0137(2), s. 847.0145, s. 893.135,
 1722  s. 916.1075, a violation enumerated in s. 907.041, or any
 1723  violation specified as a predicate offense for registration as a
 1724  sexual predator pursuant to s. 775.21, without regard to whether
 1725  that offense alone is sufficient to require such registration,
 1726  or for registration as a sexual offender pursuant to s.
 1727  943.0435, may not be expunged, without regard to whether
 1728  adjudication was withheld, if the defendant was found guilty of
 1729  or pled guilty or nolo contendere to the offense, or if the
 1730  defendant, as a minor, was found to have committed, or pled
 1731  guilty or nolo contendere to committing, the offense as a
 1732  delinquent act. The court may only order expunction of a
 1733  criminal history record pertaining to one arrest or one incident
 1734  of alleged criminal activity, except as provided in this
 1735  section. The court may, at its sole discretion, order the
 1736  expunction of a criminal history record pertaining to more than
 1737  one arrest if the additional arrests directly relate to the
 1738  original arrest. If the court intends to order the expunction of
 1739  records pertaining to such additional arrests, such intent must
 1740  be specified in the order. A criminal justice agency may not
 1741  expunge any record pertaining to such additional arrests if the
 1742  order to expunge does not articulate the intention of the court
 1743  to expunge a record pertaining to more than one arrest. This
 1744  section does not prevent the court from ordering the expunction
 1745  of only a portion of a criminal history record pertaining to one
 1746  arrest or one incident of alleged criminal activity.
 1747  Notwithstanding any law to the contrary, a criminal justice
 1748  agency may comply with laws, court orders, and official requests
 1749  of other jurisdictions relating to expunction, correction, or
 1750  confidential handling of criminal history records or information
 1751  derived therefrom. This section does not confer any right to the
 1752  expunction of any criminal history record, and any request for
 1753  expunction of a criminal history record may be denied at the
 1754  sole discretion of the court.
 1755         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
 1756  petition to a court to expunge a criminal history record is
 1757  complete only when accompanied by:
 1758         (a) A valid certificate of eligibility for expunction
 1759  issued by the department pursuant to subsection (2).
 1760         (b) The petitioner’s sworn statement attesting that the
 1761  petitioner:
 1762         1. Has never, prior to the date on which the petition is
 1763  filed, been adjudicated guilty of a criminal offense or
 1764  comparable ordinance violation, or been adjudicated delinquent
 1765  for committing any felony or a misdemeanor specified in s.
 1766  943.051(3)(b).
 1767         2. Has not been adjudicated guilty of, or adjudicated
 1768  delinquent for committing, any of the acts stemming from the
 1769  arrest or alleged criminal activity to which the petition
 1770  pertains.
 1771         3. Has never secured a prior sealing or expunction of a
 1772  criminal history record under this section, s. 943.059, former
 1773  s. 893.14, former s. 901.33, or former s. 943.058, unless
 1774  expunction is sought of a criminal history record previously
 1775  sealed for 10 years pursuant to paragraph (2)(h) and the record
 1776  is otherwise eligible for expunction.
 1777         4. Is eligible for such an expunction to the best of his or
 1778  her knowledge or belief and does not have any other petition to
 1779  expunge or any petition to seal pending before any court.
 1780  
 1781  Any person who knowingly provides false information on such
 1782  sworn statement to the court commits a felony of the third
 1783  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1784  775.084.
 1785         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
 1786  petitioning the court to expunge a criminal history record, a
 1787  person seeking to expunge a criminal history record shall apply
 1788  to the department for a certificate of eligibility for
 1789  expunction. The department shall, by rule adopted pursuant to
 1790  chapter 120, establish procedures pertaining to the application
 1791  for and issuance of certificates of eligibility for expunction.
 1792  A certificate of eligibility for expunction is valid for 12
 1793  months after the date stamped on the certificate when issued by
 1794  the department. After that time, the petitioner must reapply to
 1795  the department for a new certificate of eligibility. Eligibility
 1796  for a renewed certification of eligibility must be based on the
 1797  status of the applicant and the law in effect at the time of the
 1798  renewal application. The department shall issue a certificate of
 1799  eligibility for expunction to a person who is the subject of a
 1800  criminal history record if that person:
 1801         (a) Has obtained, and submitted to the department, a
 1802  written, certified statement from the appropriate state attorney
 1803  or statewide prosecutor which indicates:
 1804         1. That an indictment, information, or other charging
 1805  document was not filed or issued in the case.
 1806         2. That an indictment, information, or other charging
 1807  document, if filed or issued in the case, was dismissed or nolle
 1808  prosequi by the state attorney or statewide prosecutor, or was
 1809  dismissed by a court of competent jurisdiction, and that none of
 1810  the charges related to the arrest or alleged criminal activity
 1811  to which the petition to expunge pertains resulted in a trial,
 1812  without regard to whether the outcome of the trial was other
 1813  than an adjudication of guilt.
 1814         3. That the criminal history record does not relate to a
 1815  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 1816  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
 1817  former s. 827.071, chapter 839, s. 847.003, s. 847.0133, s.
 1818  847.0135, s. 847.0137(2), s. 847.0145, s. 893.135, s. 916.1075,
 1819  a violation enumerated in s. 907.041, or any violation specified
 1820  as a predicate offense for registration as a sexual predator
 1821  pursuant to s. 775.21, without regard to whether that offense
 1822  alone is sufficient to require such registration, or for
 1823  registration as a sexual offender pursuant to s. 943.0435, where
 1824  the defendant was found guilty of, or pled guilty or nolo
 1825  contendere to any such offense, or that the defendant, as a
 1826  minor, was found to have committed, or pled guilty or nolo
 1827  contendere to committing, such an offense as a delinquent act,
 1828  without regard to whether adjudication was withheld.
 1829         (b) Remits a $75 processing fee to the department for
 1830  placement in the Department of Law Enforcement Operating Trust
 1831  Fund, unless such fee is waived by the executive director.
 1832         (c) Has submitted to the department a certified copy of the
 1833  disposition of the charge to which the petition to expunge
 1834  pertains.
 1835         (d) Has never, prior to the date on which the application
 1836  for a certificate of eligibility is filed, been adjudicated
 1837  guilty of a criminal offense or comparable ordinance violation,
 1838  or been adjudicated delinquent for committing any felony or a
 1839  misdemeanor specified in s. 943.051(3)(b).
 1840         (e) Has not been adjudicated guilty of, or adjudicated
 1841  delinquent for committing, any of the acts stemming from the
 1842  arrest or alleged criminal activity to which the petition to
 1843  expunge pertains.
 1844         (f) Has never secured a prior sealing or expunction of a
 1845  criminal history record under this section, s. 943.059, former
 1846  s. 893.14, former s. 901.33, or former s. 943.058, unless
 1847  expunction is sought of a criminal history record previously
 1848  sealed for 10 years pursuant to paragraph (h) and the record is
 1849  otherwise eligible for expunction.
 1850         (g) Is no longer under court supervision applicable to the
 1851  disposition of the arrest or alleged criminal activity to which
 1852  the petition to expunge pertains.
 1853         (h) Has previously obtained a court order sealing the
 1854  record under this section, former s. 893.14, former s. 901.33,
 1855  or former s. 943.058 for a minimum of 10 years because
 1856  adjudication was withheld or because all charges related to the
 1857  arrest or alleged criminal activity to which the petition to
 1858  expunge pertains were not dismissed prior to trial, without
 1859  regard to whether the outcome of the trial was other than an
 1860  adjudication of guilt. The requirement for the record to have
 1861  previously been sealed for a minimum of 10 years does not apply
 1862  when a plea was not entered or all charges related to the arrest
 1863  or alleged criminal activity to which the petition to expunge
 1864  pertains were dismissed prior to trial.
 1865         (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
 1866         (a) In judicial proceedings under this section, a copy of
 1867  the completed petition to expunge shall be served upon the
 1868  appropriate state attorney or the statewide prosecutor and upon
 1869  the arresting agency; however, it is not necessary to make any
 1870  agency other than the state a party. The appropriate state
 1871  attorney or the statewide prosecutor and the arresting agency
 1872  may respond to the court regarding the completed petition to
 1873  expunge.
 1874         (b) If relief is granted by the court, the clerk of the
 1875  court shall certify copies of the order to the appropriate state
 1876  attorney or the statewide prosecutor and the arresting agency.
 1877  The arresting agency is responsible for forwarding the order to
 1878  any other agency to which the arresting agency disseminated the
 1879  criminal history record information to which the order pertains.
 1880  The department shall forward the order to expunge to the Federal
 1881  Bureau of Investigation. The clerk of the court shall certify a
 1882  copy of the order to any other agency which the records of the
 1883  court reflect has received the criminal history record from the
 1884  court.
 1885         (c) For an order to expunge entered by a court prior to
 1886  July 1, 1992, the department shall notify the appropriate state
 1887  attorney or statewide prosecutor of an order to expunge which is
 1888  contrary to law because the person who is the subject of the
 1889  record has previously been convicted of a crime or comparable
 1890  ordinance violation or has had a prior criminal history record
 1891  sealed or expunged. Upon receipt of such notice, the appropriate
 1892  state attorney or statewide prosecutor shall take action, within
 1893  60 days, to correct the record and petition the court to void
 1894  the order to expunge. The department shall seal the record until
 1895  such time as the order is voided by the court.
 1896         (d) On or after July 1, 1992, the department or any other
 1897  criminal justice agency is not required to act on an order to
 1898  expunge entered by a court when such order does not comply with
 1899  the requirements of this section. Upon receipt of such an order,
 1900  the department must notify the issuing court, the appropriate
 1901  state attorney or statewide prosecutor, the petitioner or the
 1902  petitioner’s attorney, and the arresting agency of the reason
 1903  for noncompliance. The appropriate state attorney or statewide
 1904  prosecutor shall take action within 60 days to correct the
 1905  record and petition the court to void the order. No cause of
 1906  action, including contempt of court, shall arise against any
 1907  criminal justice agency for failure to comply with an order to
 1908  expunge when the petitioner for such order failed to obtain the
 1909  certificate of eligibility as required by this section or such
 1910  order does not otherwise comply with the requirements of this
 1911  section.
 1912         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
 1913  criminal history record of a minor or an adult which is ordered
 1914  expunged by a court of competent jurisdiction pursuant to this
 1915  section must be physically destroyed or obliterated by any
 1916  criminal justice agency having custody of such record; except
 1917  that any criminal history record in the custody of the
 1918  department must be retained in all cases. A criminal history
 1919  record ordered expunged that is retained by the department is
 1920  confidential and exempt from the provisions of s. 119.07(1) and
 1921  s. 24(a), Art. I of the State Constitution and not available to
 1922  any person or entity except upon order of a court of competent
 1923  jurisdiction. A criminal justice agency may retain a notation
 1924  indicating compliance with an order to expunge.
 1925         (a) The person who is the subject of a criminal history
 1926  record that is expunged under this section or under other
 1927  provisions of law, including former s. 893.14, former s. 901.33,
 1928  and former s. 943.058, may lawfully deny or fail to acknowledge
 1929  the arrests covered by the expunged record, except when the
 1930  subject of the record:
 1931         1. Is a candidate for employment with a criminal justice
 1932  agency;
 1933         2. Is a defendant in a criminal prosecution;
 1934         3. Concurrently or subsequently petitions for relief under
 1935  this section, s. 943.0583, or s. 943.059;
 1936         4. Is a candidate for admission to The Florida Bar;
 1937         5. Is seeking to be employed or licensed by or to contract
 1938  with the Department of Children and Families, the Division of
 1939  Vocational Rehabilitation within the Department of Education,
 1940  the Agency for Health Care Administration, the Agency for
 1941  Persons with Disabilities, the Department of Health, the
 1942  Department of Elderly Affairs, or the Department of Juvenile
 1943  Justice or to be employed or used by such contractor or licensee
 1944  in a sensitive position having direct contact with children, the
 1945  disabled, or the elderly;
 1946         6. Is seeking to be employed or licensed by the Department
 1947  of Education, any district school board, any university
 1948  laboratory school, any charter school, any private or parochial
 1949  school, or any local governmental entity that licenses child
 1950  care facilities;
 1951         7. Is seeking to be licensed by the Division of Insurance
 1952  Agent and Agency Services within the Department of Financial
 1953  Services; or
 1954         8. Is seeking to be appointed as a guardian pursuant to s.
 1955  744.3125.
 1956         (b) Subject to the exceptions in paragraph (a), a person
 1957  who has been granted an expunction under this section, former s.
 1958  893.14, former s. 901.33, or former s. 943.058 may not be held
 1959  under any provision of law of this state to commit perjury or to
 1960  be otherwise liable for giving a false statement by reason of
 1961  such person’s failure to recite or acknowledge an expunged
 1962  criminal history record.
 1963         (c) Information relating to the existence of an expunged
 1964  criminal history record which is provided in accordance with
 1965  paragraph (a) is confidential and exempt from the provisions of
 1966  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 1967  except that the department shall disclose the existence of a
 1968  criminal history record ordered expunged to the entities set
 1969  forth in subparagraphs (a)1., 4., 5., 6., 7., and 8. for their
 1970  respective licensing, access authorization, and employment
 1971  purposes, and to criminal justice agencies for their respective
 1972  criminal justice purposes. It is unlawful for any employee of an
 1973  entity set forth in subparagraph (a)1., subparagraph (a)4.,
 1974  subparagraph (a)5., subparagraph (a)6., subparagraph (a)7., or
 1975  subparagraph (a)8. to disclose information relating to the
 1976  existence of an expunged criminal history record of a person
 1977  seeking employment, access authorization, or licensure with such
 1978  entity or contractor, except to the person to whom the criminal
 1979  history record relates or to persons having direct
 1980  responsibility for employment, access authorization, or
 1981  licensure decisions. Any person who violates this paragraph
 1982  commits a misdemeanor of the first degree, punishable as
 1983  provided in s. 775.082 or s. 775.083.
 1984         (5) EXCEPTION FOR LAWFUL SELF-DEFENSE.—Notwithstanding the
 1985  eligibility requirements prescribed in paragraph (1)(b) and
 1986  subsection (2), the department shall issue a certificate of
 1987  eligibility for expunction under this subsection to a person who
 1988  is the subject of a criminal history record if that person:
 1989         (a) Has obtained, and submitted to the department, on a
 1990  form provided by the department, a written, certified statement
 1991  from the appropriate state attorney or statewide prosecutor
 1992  which states whether an information, indictment, or other
 1993  charging document was not filed or was dismissed by the state
 1994  attorney, or dismissed by the court, because it was found that
 1995  the person acted in lawful self-defense pursuant to the
 1996  provisions related to justifiable use of force in chapter 776.
 1997         (b) Each petition to a court to expunge a criminal history
 1998  record pursuant to this subsection is complete only when
 1999  accompanied by:
 2000         1. A valid certificate of eligibility for expunction issued
 2001  by the department pursuant to this subsection.
 2002         2. The petitioner’s sworn statement attesting that the
 2003  petitioner is eligible for such an expunction to the best of his
 2004  or her knowledge or belief.
 2005  
 2006  Any person who knowingly provides false information on such
 2007  sworn statement to the court commits a felony of the third
 2008  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2009  775.084.
 2010         (c) This subsection does not confer any right to the
 2011  expunction of a criminal history record, and any request for
 2012  expunction of a criminal history record may be denied at the
 2013  discretion of the court.
 2014         (d) Subsections (3) and (4) shall apply to expunction
 2015  ordered under this subsection.
 2016         (e) The department shall, by rule adopted pursuant to
 2017  chapter 120, establish procedures pertaining to the application
 2018  for and issuance of certificates of eligibility for expunction
 2019  under this subsection.
 2020         (6) STATUTORY REFERENCES.—Any reference to any other
 2021  chapter, section, or subdivision of the Florida Statutes in this
 2022  section constitutes a general reference under the doctrine of
 2023  incorporation by reference.
 2024         Section 43. Section 943.059, Florida Statutes, is amended
 2025  to read:
 2026         943.059 Court-ordered sealing of criminal history records.
 2027  The courts of this state shall continue to have jurisdiction
 2028  over their own procedures, including the maintenance, sealing,
 2029  and correction of judicial records containing criminal history
 2030  information to the extent such procedures are not inconsistent
 2031  with the conditions, responsibilities, and duties established by
 2032  this section. Any court of competent jurisdiction may order a
 2033  criminal justice agency to seal the criminal history record of a
 2034  minor or an adult who complies with the requirements of this
 2035  section. The court shall not order a criminal justice agency to
 2036  seal a criminal history record until the person seeking to seal
 2037  a criminal history record has applied for and received a
 2038  certificate of eligibility for sealing pursuant to subsection
 2039  (2). A criminal history record that relates to a violation of s.
 2040  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
 2041  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, former s.
 2042  827.071, chapter 839, s. 847.003, s. 847.0133, s. 847.0135, s.
 2043  847.0137(2), s. 847.0145, s. 893.135, s. 916.1075, a violation
 2044  enumerated in s. 907.041, or any violation specified as a
 2045  predicate offense for registration as a sexual predator pursuant
 2046  to s. 775.21, without regard to whether that offense alone is
 2047  sufficient to require such registration, or for registration as
 2048  a sexual offender pursuant to s. 943.0435, may not be sealed,
 2049  without regard to whether adjudication was withheld, if the
 2050  defendant was found guilty of or pled guilty or nolo contendere
 2051  to the offense, or if the defendant, as a minor, was found to
 2052  have committed or pled guilty or nolo contendere to committing
 2053  the offense as a delinquent act. The court may only order
 2054  sealing of a criminal history record pertaining to one arrest or
 2055  one incident of alleged criminal activity, except as provided in
 2056  this section. The court may, at its sole discretion, order the
 2057  sealing of a criminal history record pertaining to more than one
 2058  arrest if the additional arrests directly relate to the original
 2059  arrest. If the court intends to order the sealing of records
 2060  pertaining to such additional arrests, such intent must be
 2061  specified in the order. A criminal justice agency may not seal
 2062  any record pertaining to such additional arrests if the order to
 2063  seal does not articulate the intention of the court to seal
 2064  records pertaining to more than one arrest. This section does
 2065  not prevent the court from ordering the sealing of only a
 2066  portion of a criminal history record pertaining to one arrest or
 2067  one incident of alleged criminal activity. Notwithstanding any
 2068  law to the contrary, a criminal justice agency may comply with
 2069  laws, court orders, and official requests of other jurisdictions
 2070  relating to sealing, correction, or confidential handling of
 2071  criminal history records or information derived therefrom. This
 2072  section does not confer any right to the sealing of any criminal
 2073  history record, and any request for sealing a criminal history
 2074  record may be denied at the sole discretion of the court.
 2075         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
 2076  petition to a court to seal a criminal history record is
 2077  complete only when accompanied by:
 2078         (a) A valid certificate of eligibility for sealing issued
 2079  by the department pursuant to subsection (2).
 2080         (b) The petitioner’s sworn statement attesting that the
 2081  petitioner:
 2082         1. Has never, prior to the date on which the petition is
 2083  filed, been adjudicated guilty of a criminal offense or
 2084  comparable ordinance violation, or been adjudicated delinquent
 2085  for committing any felony or a misdemeanor specified in s.
 2086  943.051(3)(b).
 2087         2. Has not been adjudicated guilty of or adjudicated
 2088  delinquent for committing any of the acts stemming from the
 2089  arrest or alleged criminal activity to which the petition to
 2090  seal pertains.
 2091         3. Has never secured a prior sealing or expunction of a
 2092  criminal history record under this section, s. 943.0585, former
 2093  s. 893.14, former s. 901.33, or former s. 943.058.
 2094         4. Is eligible for such a sealing to the best of his or her
 2095  knowledge or belief and does not have any other petition to seal
 2096  or any petition to expunge pending before any court.
 2097  
 2098  Any person who knowingly provides false information on such
 2099  sworn statement to the court commits a felony of the third
 2100  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2101  775.084.
 2102         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
 2103  petitioning the court to seal a criminal history record, a
 2104  person seeking to seal a criminal history record shall apply to
 2105  the department for a certificate of eligibility for sealing. The
 2106  department shall, by rule adopted pursuant to chapter 120,
 2107  establish procedures pertaining to the application for and
 2108  issuance of certificates of eligibility for sealing. A
 2109  certificate of eligibility for sealing is valid for 12 months
 2110  after the date stamped on the certificate when issued by the
 2111  department. After that time, the petitioner must reapply to the
 2112  department for a new certificate of eligibility. Eligibility for
 2113  a renewed certification of eligibility must be based on the
 2114  status of the applicant and the law in effect at the time of the
 2115  renewal application. The department shall issue a certificate of
 2116  eligibility for sealing to a person who is the subject of a
 2117  criminal history record provided that such person:
 2118         (a) Has submitted to the department a certified copy of the
 2119  disposition of the charge to which the petition to seal
 2120  pertains.
 2121         (b) Remits a $75 processing fee to the department for
 2122  placement in the Department of Law Enforcement Operating Trust
 2123  Fund, unless such fee is waived by the executive director.
 2124         (c) Has never, prior to the date on which the application
 2125  for a certificate of eligibility is filed, been adjudicated
 2126  guilty of a criminal offense or comparable ordinance violation,
 2127  or been adjudicated delinquent for committing any felony or a
 2128  misdemeanor specified in s. 943.051(3)(b).
 2129         (d) Has not been adjudicated guilty of or adjudicated
 2130  delinquent for committing any of the acts stemming from the
 2131  arrest or alleged criminal activity to which the petition to
 2132  seal pertains.
 2133         (e) Has never secured a prior sealing or expunction of a
 2134  criminal history record under this section, s. 943.0585, former
 2135  s. 893.14, former s. 901.33, or former s. 943.058.
 2136         (f) Is no longer under court supervision applicable to the
 2137  disposition of the arrest or alleged criminal activity to which
 2138  the petition to seal pertains.
 2139         (3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
 2140         (a) In judicial proceedings under this section, a copy of
 2141  the completed petition to seal shall be served upon the
 2142  appropriate state attorney or the statewide prosecutor and upon
 2143  the arresting agency; however, it is not necessary to make any
 2144  agency other than the state a party. The appropriate state
 2145  attorney or the statewide prosecutor and the arresting agency
 2146  may respond to the court regarding the completed petition to
 2147  seal.
 2148         (b) If relief is granted by the court, the clerk of the
 2149  court shall certify copies of the order to the appropriate state
 2150  attorney or the statewide prosecutor and to the arresting
 2151  agency. The arresting agency is responsible for forwarding the
 2152  order to any other agency to which the arresting agency
 2153  disseminated the criminal history record information to which
 2154  the order pertains. The department shall forward the order to
 2155  seal to the Federal Bureau of Investigation. The clerk of the
 2156  court shall certify a copy of the order to any other agency
 2157  which the records of the court reflect has received the criminal
 2158  history record from the court.
 2159         (c) For an order to seal entered by a court prior to July
 2160  1, 1992, the department shall notify the appropriate state
 2161  attorney or statewide prosecutor of any order to seal which is
 2162  contrary to law because the person who is the subject of the
 2163  record has previously been convicted of a crime or comparable
 2164  ordinance violation or has had a prior criminal history record
 2165  sealed or expunged. Upon receipt of such notice, the appropriate
 2166  state attorney or statewide prosecutor shall take action, within
 2167  60 days, to correct the record and petition the court to void
 2168  the order to seal. The department shall seal the record until
 2169  such time as the order is voided by the court.
 2170         (d) On or after July 1, 1992, the department or any other
 2171  criminal justice agency is not required to act on an order to
 2172  seal entered by a court when such order does not comply with the
 2173  requirements of this section. Upon receipt of such an order, the
 2174  department must notify the issuing court, the appropriate state
 2175  attorney or statewide prosecutor, the petitioner or the
 2176  petitioner’s attorney, and the arresting agency of the reason
 2177  for noncompliance. The appropriate state attorney or statewide
 2178  prosecutor shall take action within 60 days to correct the
 2179  record and petition the court to void the order. No cause of
 2180  action, including contempt of court, shall arise against any
 2181  criminal justice agency for failure to comply with an order to
 2182  seal when the petitioner for such order failed to obtain the
 2183  certificate of eligibility as required by this section or when
 2184  such order does not comply with the requirements of this
 2185  section.
 2186         (e) An order sealing a criminal history record pursuant to
 2187  this section does not require that such record be surrendered to
 2188  the court, and such record shall continue to be maintained by
 2189  the department and other criminal justice agencies.
 2190         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
 2191  history record of a minor or an adult which is ordered sealed by
 2192  a court pursuant to this section is confidential and exempt from
 2193  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 2194  Constitution and is available only to the person who is the
 2195  subject of the record, to the subject’s attorney, to criminal
 2196  justice agencies for their respective criminal justice purposes,
 2197  which include conducting a criminal history background check for
 2198  approval of firearms purchases or transfers as authorized by
 2199  state or federal law, to judges in the state courts system for
 2200  the purpose of assisting them in their case-related
 2201  decisionmaking responsibilities, as set forth in s. 943.053(5),
 2202  or to those entities set forth in subparagraphs (a)1., 4., 5.,
 2203  6., 8., 9., and 10. for their respective licensing, access
 2204  authorization, and employment purposes.
 2205         (a) The subject of a criminal history record sealed under
 2206  this section or under other provisions of law, including former
 2207  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
 2208  deny or fail to acknowledge the arrests covered by the sealed
 2209  record, except when the subject of the record:
 2210         1. Is a candidate for employment with a criminal justice
 2211  agency;
 2212         2. Is a defendant in a criminal prosecution;
 2213         3. Concurrently or subsequently petitions for relief under
 2214  this section, s. 943.0583, or s. 943.0585;
 2215         4. Is a candidate for admission to The Florida Bar;
 2216         5. Is seeking to be employed or licensed by or to contract
 2217  with the Department of Children and Families, the Division of
 2218  Vocational Rehabilitation within the Department of Education,
 2219  the Agency for Health Care Administration, the Agency for
 2220  Persons with Disabilities, the Department of Health, the
 2221  Department of Elderly Affairs, or the Department of Juvenile
 2222  Justice or to be employed or used by such contractor or licensee
 2223  in a sensitive position having direct contact with children, the
 2224  disabled, or the elderly;
 2225         6. Is seeking to be employed or licensed by the Department
 2226  of Education, a district school board, a university laboratory
 2227  school, a charter school, a private or parochial school, or a
 2228  local governmental entity that licenses child care facilities;
 2229         7. Is attempting to purchase a firearm from a licensed
 2230  importer, licensed manufacturer, or licensed dealer and is
 2231  subject to a criminal history check under state or federal law;
 2232         8. Is seeking to be licensed by the Division of Insurance
 2233  Agent and Agency Services within the Department of Financial
 2234  Services;
 2235         9. Is seeking to be appointed as a guardian pursuant to s.
 2236  744.3125; or
 2237         10. Is seeking to be licensed by the Bureau of License
 2238  Issuance of the Division of Licensing within the Department of
 2239  Agriculture and Consumer Services to carry a concealed weapon or
 2240  concealed firearm. This subparagraph applies only in the
 2241  determination of an applicant’s eligibility under s. 790.06.
 2242         (b) Subject to the exceptions in paragraph (a), a person
 2243  who has been granted a sealing under this section, former s.
 2244  893.14, former s. 901.33, or former s. 943.058 may not be held
 2245  under any provision of law of this state to commit perjury or to
 2246  be otherwise liable for giving a false statement by reason of
 2247  such person’s failure to recite or acknowledge a sealed criminal
 2248  history record.
 2249         (c) Information relating to the existence of a sealed
 2250  criminal record provided in accordance with the provisions of
 2251  paragraph (a) is confidential and exempt from the provisions of
 2252  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 2253  except that the department shall disclose the sealed criminal
 2254  history record to the entities set forth in subparagraphs (a)1.,
 2255  4., 5., 6., 8., 9., and 10. for their respective licensing,
 2256  access authorization, and employment purposes. An employee of an
 2257  entity set forth in subparagraph (a)1., subparagraph (a)4.,
 2258  subparagraph (a)5., subparagraph (a)6., subparagraph (a)8.,
 2259  subparagraph (a)9., or subparagraph (a)10. may not disclose
 2260  information relating to the existence of a sealed criminal
 2261  history record of a person seeking employment, access
 2262  authorization, or licensure with such entity or contractor,
 2263  except to the person to whom the criminal history record relates
 2264  or to persons having direct responsibility for employment,
 2265  access authorization, or licensure decisions. A person who
 2266  violates the provisions of this paragraph commits a misdemeanor
 2267  of the first degree, punishable as provided in s. 775.082 or s.
 2268  775.083.
 2269         (5) STATUTORY REFERENCES.—Any reference to any other
 2270  chapter, section, or subdivision of the Florida Statutes in this
 2271  section constitutes a general reference under the doctrine of
 2272  incorporation by reference.
 2273         Section 44. Paragraph (f) of subsection (1) of section
 2274  944.606, Florida Statutes, is amended to read:
 2275         944.606 Sexual offenders; notification upon release.—
 2276         (1) As used in this section, the term:
 2277         (f) “Sexual offender” means a person who has been convicted
 2278  of committing, or attempting, soliciting, or conspiring to
 2279  commit, any of the criminal offenses proscribed in the following
 2280  statutes in this state or similar offenses in another
 2281  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 2282  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
 2283  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
 2284  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
 2285  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; former
 2286  s. 827.071; s. 847.003; s. 847.0133; s. 847.0135, excluding s.
 2287  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03,
 2288  if the court makes a written finding that the racketeering
 2289  activity involved at least one sexual offense listed in this
 2290  paragraph or at least one offense listed in this paragraph with
 2291  sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or
 2292  any similar offense committed in this state which has been
 2293  redesignated from a former statute number to one of those listed
 2294  in this subsection, when the department has received verified
 2295  information regarding such conviction; an offender’s
 2296  computerized criminal history record is not, in and of itself,
 2297  verified information.
 2298         Section 45. Paragraph (f) of subsection (1) of section
 2299  944.607, Florida Statutes, is amended to read:
 2300         944.607 Notification to Department of Law Enforcement of
 2301  information on sexual offenders.—
 2302         (1) As used in this section, the term:
 2303         (f) “Sexual offender” means a person who is in the custody
 2304  or control of, or under the supervision of, the department or is
 2305  in the custody of a private correctional facility:
 2306         1. On or after October 1, 1997, as a result of a conviction
 2307  for committing, or attempting, soliciting, or conspiring to
 2308  commit, any of the criminal offenses proscribed in the following
 2309  statutes in this state or similar offenses in another
 2310  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 2311  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
 2312  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
 2313  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
 2314  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; former
 2315  s. 827.071; s. 847.003; s. 847.0133; s. 847.0135, excluding s.
 2316  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03,
 2317  if the court makes a written finding that the racketeering
 2318  activity involved at least one sexual offense listed in this
 2319  subparagraph or at least one offense listed in this subparagraph
 2320  with sexual intent or motive; s. 916.1075(2); or s. 985.701(1);
 2321  or any similar offense committed in this state which has been
 2322  redesignated from a former statute number to one of those listed
 2323  in this paragraph; or
 2324         2. Who establishes or maintains a residence in this state
 2325  and who has not been designated as a sexual predator by a court
 2326  of this state but who has been designated as a sexual predator,
 2327  as a sexually violent predator, or by another sexual offender
 2328  designation in another state or jurisdiction and was, as a
 2329  result of such designation, subjected to registration or
 2330  community or public notification, or both, or would be if the
 2331  person were a resident of that state or jurisdiction, without
 2332  regard as to whether the person otherwise meets the criteria for
 2333  registration as a sexual offender.
 2334         Section 46. Subsections (7), (10), and (14) of section
 2335  947.1405, Florida Statutes, are amended, and subsection (15) is
 2336  added to that section, to read:
 2337         947.1405 Conditional release program.—
 2338         (7)(a) Any inmate who is convicted of a crime committed on
 2339  or after October 1, 1995, or who has been previously convicted
 2340  of a crime committed on or after October 1, 1995, in violation
 2341  of chapter 794, s. 800.04, former s. 827.071, s. 847.0135(5), or
 2342  s. 847.0145, and is subject to conditional release supervision,
 2343  shall have, in addition to any other conditions imposed, the
 2344  following special conditions imposed by the commission:
 2345         1. A mandatory curfew from 10 p.m. to 6 a.m. The commission
 2346  may designate another 8-hour period if the offender’s employment
 2347  precludes the above specified time, and such alternative is
 2348  recommended by the Department of Corrections. If the commission
 2349  determines that imposing a curfew would endanger the victim, the
 2350  commission may consider alternative sanctions.
 2351         2. If the victim was under the age of 18, a prohibition on
 2352  living within 1,000 feet of a school, child care facility, park,
 2353  playground, designated public school bus stop, or other place
 2354  where children regularly congregate. A releasee who is subject
 2355  to this subparagraph may not relocate to a residence that is
 2356  within 1,000 feet of a public school bus stop. Beginning October
 2357  1, 2004, the commission or the department may not approve a
 2358  residence that is located within 1,000 feet of a school, child
 2359  care facility, park, playground, designated school bus stop, or
 2360  other place where children regularly congregate for any releasee
 2361  who is subject to this subparagraph. On October 1, 2004, the
 2362  department shall notify each affected school district of the
 2363  location of the residence of a releasee 30 days prior to release
 2364  and thereafter, if the releasee relocates to a new residence,
 2365  shall notify any affected school district of the residence of
 2366  the releasee within 30 days after relocation. If, on October 1,
 2367  2004, any public school bus stop is located within 1,000 feet of
 2368  the existing residence of such releasee, the district school
 2369  board shall relocate that school bus stop. Beginning October 1,
 2370  2004, a district school board may not establish or relocate a
 2371  public school bus stop within 1,000 feet of the residence of a
 2372  releasee who is subject to this subparagraph. The failure of the
 2373  district school board to comply with this subparagraph shall not
 2374  result in a violation of conditional release supervision. A
 2375  releasee who is subject to this subparagraph may not be forced
 2376  to relocate and does not violate his or her conditional release
 2377  supervision if he or she is living in a residence that meets the
 2378  requirements of this subparagraph and a school, child care
 2379  facility, park, playground, designated public school bus stop,
 2380  or other place where children regularly congregate is
 2381  subsequently established within 1,000 feet of his or her
 2382  residence.
 2383         3. Active participation in and successful completion of a
 2384  sex offender treatment program with qualified practitioners
 2385  specifically trained to treat sex offenders, at the releasee’s
 2386  own expense. If a qualified practitioner is not available within
 2387  a 50-mile radius of the releasee’s residence, the offender shall
 2388  participate in other appropriate therapy.
 2389         4. A prohibition on any contact with the victim, directly
 2390  or indirectly, including through a third person, unless approved
 2391  by the victim, a qualified practitioner in the sexual offender
 2392  treatment program, and the sentencing court.
 2393         5. If the victim was under the age of 18, a prohibition
 2394  against contact with children under the age of 18 without review
 2395  and approval by the commission. The commission may approve
 2396  supervised contact with a child under the age of 18 if the
 2397  approval is based upon a recommendation for contact issued by a
 2398  qualified practitioner who is basing the recommendation on a
 2399  risk assessment. Further, the sex offender must be currently
 2400  enrolled in or have successfully completed a sex offender
 2401  therapy program. The commission may not grant supervised contact
 2402  with a child if the contact is not recommended by a qualified
 2403  practitioner and may deny supervised contact with a child at any
 2404  time. When considering whether to approve supervised contact
 2405  with a child, the commission must review and consider the
 2406  following:
 2407         a. A risk assessment completed by a qualified practitioner.
 2408  The qualified practitioner must prepare a written report that
 2409  must include the findings of the assessment and address each of
 2410  the following components:
 2411         (I) The sex offender’s current legal status;
 2412         (II) The sex offender’s history of adult charges with
 2413  apparent sexual motivation;
 2414         (III) The sex offender’s history of adult charges without
 2415  apparent sexual motivation;
 2416         (IV) The sex offender’s history of juvenile charges,
 2417  whenever available;
 2418         (V) The sex offender’s offender treatment history,
 2419  including a consultation from the sex offender’s treating, or
 2420  most recent treating, therapist;
 2421         (VI) The sex offender’s current mental status;
 2422         (VII) The sex offender’s mental health and substance abuse
 2423  history as provided by the Department of Corrections;
 2424         (VIII) The sex offender’s personal, social, educational,
 2425  and work history;
 2426         (IX) The results of current psychological testing of the
 2427  sex offender if determined necessary by the qualified
 2428  practitioner;
 2429         (X) A description of the proposed contact, including the
 2430  location, frequency, duration, and supervisory arrangement;
 2431         (XI) The child’s preference and relative comfort level with
 2432  the proposed contact, when age-appropriate;
 2433         (XII) The parent’s or legal guardian’s preference regarding
 2434  the proposed contact; and
 2435         (XIII) The qualified practitioner’s opinion, along with the
 2436  basis for that opinion, as to whether the proposed contact would
 2437  likely pose significant risk of emotional or physical harm to
 2438  the child.
 2439  
 2440  The written report of the assessment must be given to the
 2441  commission.
 2442         b. A recommendation made as a part of the risk-assessment
 2443  report as to whether supervised contact with the child should be
 2444  approved;
 2445         c. A written consent signed by the child’s parent or legal
 2446  guardian, if the parent or legal guardian is not the sex
 2447  offender, agreeing to the sex offender having supervised contact
 2448  with the child after receiving full disclosure of the sex
 2449  offender’s present legal status, past criminal history, and the
 2450  results of the risk assessment. The commission may not approve
 2451  contact with the child if the parent or legal guardian refuses
 2452  to give written consent for supervised contact;
 2453         d. A safety plan prepared by the qualified practitioner,
 2454  who provides treatment to the offender, in collaboration with
 2455  the sex offender, the child’s parent or legal guardian, and the
 2456  child, when age appropriate, which details the acceptable
 2457  conditions of contact between the sex offender and the child.
 2458  The safety plan must be reviewed and approved by the Department
 2459  of Corrections before being submitted to the commission; and
 2460         e. Evidence that the child’s parent or legal guardian, if
 2461  the parent or legal guardian is not the sex offender,
 2462  understands the need for and agrees to the safety plan and has
 2463  agreed to provide, or to designate another adult to provide,
 2464  constant supervision any time the child is in contact with the
 2465  offender.
 2466  
 2467  The commission may not appoint a person to conduct a risk
 2468  assessment and may not accept a risk assessment from a person
 2469  who has not demonstrated to the commission that he or she has
 2470  met the requirements of a qualified practitioner as defined in
 2471  this section.
 2472         6. If the victim was under age 18, a prohibition on working
 2473  for pay or as a volunteer at any school, child care facility,
 2474  park, playground, or other place where children regularly
 2475  congregate, as prescribed by the commission.
 2476         7. Unless otherwise indicated in the treatment plan
 2477  provided by a qualified practitioner in the sexual offender
 2478  treatment program, a prohibition on viewing, owning, or
 2479  possessing any obscene, pornographic, or sexually stimulating
 2480  visual or auditory material, including telephone, electronic
 2481  media, computer programs, or computer services that are relevant
 2482  to the offender’s deviant behavior pattern.
 2483         8. Effective for a releasee whose crime is committed on or
 2484  after July 1, 2005, a prohibition on accessing the Internet or
 2485  other computer services until a qualified practitioner in the
 2486  offender’s sex offender treatment program, after a risk
 2487  assessment is completed, approves and implements a safety plan
 2488  for the offender’s accessing or using the Internet or other
 2489  computer services.
 2490         9. A requirement that the releasee must submit two
 2491  specimens of blood to the Department of Law Enforcement to be
 2492  registered with the DNA database.
 2493         10. A requirement that the releasee make restitution to the
 2494  victim, as determined by the sentencing court or the commission,
 2495  for all necessary medical and related professional services
 2496  relating to physical, psychiatric, and psychological care.
 2497         11. Submission to a warrantless search by the community
 2498  control or probation officer of the probationer’s or community
 2499  controllee’s person, residence, or vehicle.
 2500         (b) For a releasee whose crime was committed on or after
 2501  October 1, 1997, in violation of chapter 794, s. 800.04, former
 2502  s. 827.071, s. 847.0135(5), or s. 847.0145, and who is subject
 2503  to conditional release supervision, in addition to any other
 2504  provision of this subsection, the commission shall impose the
 2505  following additional conditions of conditional release
 2506  supervision:
 2507         1. As part of a treatment program, participation in a
 2508  minimum of one annual polygraph examination to obtain
 2509  information necessary for risk management and treatment and to
 2510  reduce the sex offender’s denial mechanisms. The polygraph
 2511  examination must be conducted by a polygrapher who is a member
 2512  of a national or state polygraph association and who is
 2513  certified as a postconviction sex offender polygrapher, where
 2514  available, and at the expense of the releasee. The results of
 2515  the examination shall be provided to the releasee’s probation
 2516  officer and qualified practitioner and may not be used as
 2517  evidence in a hearing to prove that a violation of supervision
 2518  has occurred.
 2519         2. Maintenance of a driving log and a prohibition against
 2520  driving a motor vehicle alone without the prior approval of the
 2521  supervising officer.
 2522         3. A prohibition against obtaining or using a post office
 2523  box without the prior approval of the supervising officer.
 2524         4. If there was sexual contact, a submission to, at the
 2525  releasee’s expense, an HIV test with the results to be released
 2526  to the victim or the victim’s parent or guardian.
 2527         5. Electronic monitoring of any form when ordered by the
 2528  commission. Any person who has been placed under supervision and
 2529  is electronically monitored by the department must pay the
 2530  department for the cost of the electronic monitoring service at
 2531  a rate that may not exceed the full cost of the monitoring
 2532  service. Funds collected under this subparagraph shall be
 2533  deposited into the General Revenue Fund. The department may
 2534  exempt a person from the payment of all or any part of the
 2535  electronic monitoring service cost if the department finds that
 2536  any of the factors listed in s. 948.09(3) exist.
 2537         (10) Effective for a releasee whose crime was committed on
 2538  or after September 1, 2005, in violation of chapter 794, s.
 2539  800.04(4), (5), or (6), former s. 827.071, or s. 847.0145, and
 2540  the unlawful activity involved a victim who was 15 years of age
 2541  or younger and the offender is 18 years of age or older or for a
 2542  releasee who is designated as a sexual predator pursuant to s.
 2543  775.21, in addition to any other provision of this section, the
 2544  commission must order electronic monitoring for the duration of
 2545  the releasee’s supervision.
 2546         (14) Effective for a releasee whose crime was committed on
 2547  or after October 1, 2014, in violation of chapter 794, s.
 2548  800.04, former s. 827.071, s. 847.0135(5), or s. 847.0145, in
 2549  addition to any other provision of this section, the commission
 2550  must impose a condition prohibiting the releasee from viewing,
 2551  accessing, owning, or possessing any obscene, pornographic, or
 2552  sexually stimulating visual or auditory material unless
 2553  otherwise indicated in the treatment plan provided by a
 2554  qualified practitioner in the sexual offender treatment program.
 2555  Visual or auditory material includes, but is not limited to,
 2556  telephone, electronic media, computer programs, and computer
 2557  services.
 2558         (15)Effective for a releasee whose crime was committed on
 2559  or after October 1, 2017, in violation of s. 847.003 or s.
 2560  847.0137(2), in addition to any other provision of this section,
 2561  the commission must impose the conditions specified in
 2562  subsections (7), (10), (12), and (14).
 2563         Section 47. Subsection (2) of section 948.013, Florida
 2564  Statutes, is amended, and subsection (3) is added to that
 2565  section, to read:
 2566         948.013 Administrative probation.—
 2567         (2) Effective for an offense committed on or after July 1,
 2568  1998, a person is ineligible for placement on administrative
 2569  probation if the person is sentenced to or is serving a term of
 2570  probation or community control, regardless of the conviction or
 2571  adjudication, for committing, or attempting, conspiring, or
 2572  soliciting to commit, any of the felony offenses described in s.
 2573  787.01 or s. 787.02, where the victim is a minor and the
 2574  defendant is not the victim’s parent; s. 787.025; s.
 2575  787.06(3)(g); chapter 794; former s. 796.03; s. 800.04; s.
 2576  825.1025(2)(b); former s. 827.071; s. 847.0133; s. 847.0135; or
 2577  s. 847.0145.
 2578         (3)Effective for an offense committed on or after October
 2579  1, 2017, a person is ineligible for placement on administrative
 2580  probation if the person is sentenced to or is serving a term of
 2581  probation or community control, regardless of the conviction or
 2582  adjudication, for committing, or attempting, conspiring, or
 2583  soliciting to commit, any of the felony offenses described in s.
 2584  847.003 or s. 847.0137(2).
 2585         Section 48. Subsection (2) of section 948.03, Florida
 2586  Statutes, is amended to read:
 2587         948.03 Terms and conditions of probation.—
 2588         (2) The enumeration of specific kinds of terms and
 2589  conditions shall not prevent the court from adding thereto such
 2590  other or others as it considers proper. However, the sentencing
 2591  court may only impose a condition of supervision allowing an
 2592  offender convicted of s. 794.011, s. 800.04, former s. 827.071,
 2593  s. 847.003, s. 847.0135(5), s. 847.0137(2), or s. 847.0145, to
 2594  reside in another state, if the order stipulates that it is
 2595  contingent upon the approval of the receiving state interstate
 2596  compact authority. The court may rescind or modify at any time
 2597  the terms and conditions theretofore imposed by it upon the
 2598  probationer. However, if the court withholds adjudication of
 2599  guilt or imposes a period of incarceration as a condition of
 2600  probation, the period shall not exceed 364 days, and
 2601  incarceration shall be restricted to either a county facility, a
 2602  probation and restitution center under the jurisdiction of the
 2603  Department of Corrections, a probation program drug punishment
 2604  phase I secure residential treatment institution, or a community
 2605  residential facility owned or operated by any entity providing
 2606  such services.
 2607         Section 49. Subsection (1) of section 948.04, Florida
 2608  Statutes, is amended to read:
 2609         948.04 Period of probation; duty of probationer; early
 2610  termination.—
 2611         (1) Defendants found guilty of felonies who are placed on
 2612  probation shall be under supervision not to exceed 2 years
 2613  unless otherwise specified by the court. No defendant placed on
 2614  probation pursuant to s. 948.012(1) is subject to the probation
 2615  limitations of this subsection. A defendant who is placed on
 2616  probation or community control for a violation of chapter 794,
 2617  or chapter 827, s. 847.003, or s. 847.0137(2) is subject to the
 2618  maximum level of supervision provided by the supervising agency,
 2619  and that supervision shall continue through the full term of the
 2620  court-imposed probation or community control.
 2621         Section 50. Subsection (4) and paragraph (c) of subsection
 2622  (8) of section 948.06, Florida Statutes, are amended to read:
 2623         948.06 Violation of probation or community control;
 2624  revocation; modification; continuance; failure to pay
 2625  restitution or cost of supervision.—
 2626         (4) Notwithstanding any other provision of this section, a
 2627  felony probationer or an offender in community control who is
 2628  arrested for violating his or her probation or community control
 2629  in a material respect may be taken before the court in the
 2630  county or circuit in which the probationer or offender was
 2631  arrested. That court shall advise him or her of the charge of a
 2632  violation and, if such charge is admitted, shall cause him or
 2633  her to be brought before the court that granted the probation or
 2634  community control. If the violation is not admitted by the
 2635  probationer or offender, the court may commit him or her or
 2636  release him or her with or without bail to await further
 2637  hearing. However, if the probationer or offender is under
 2638  supervision for any criminal offense proscribed in chapter 794,
 2639  s. 800.04(4), (5), (6), former s. 827.071, or s. 847.0145, or is
 2640  a registered sexual predator or a registered sexual offender, or
 2641  is under supervision for a criminal offense for which he or she
 2642  would meet the registration criteria in s. 775.21, s. 943.0435,
 2643  or s. 944.607 but for the effective date of those sections, the
 2644  court must make a finding that the probationer or offender is
 2645  not a danger to the public prior to release with or without
 2646  bail. In determining the danger posed by the offender’s or
 2647  probationer’s release, the court may consider the nature and
 2648  circumstances of the violation and any new offenses charged; the
 2649  offender’s or probationer’s past and present conduct, including
 2650  convictions of crimes; any record of arrests without conviction
 2651  for crimes involving violence or sexual crimes; any other
 2652  evidence of allegations of unlawful sexual conduct or the use of
 2653  violence by the offender or probationer; the offender’s or
 2654  probationer’s family ties, length of residence in the community,
 2655  employment history, and mental condition; his or her history and
 2656  conduct during the probation or community control supervision
 2657  from which the violation arises and any other previous
 2658  supervisions, including disciplinary records of previous
 2659  incarcerations; the likelihood that the offender or probationer
 2660  will engage again in a criminal course of conduct; the weight of
 2661  the evidence against the offender or probationer; and any other
 2662  facts the court considers relevant. The court, as soon as is
 2663  practicable, shall give the probationer or offender an
 2664  opportunity to be fully heard on his or her behalf in person or
 2665  by counsel. After the hearing, the court shall make findings of
 2666  fact and forward the findings to the court that granted the
 2667  probation or community control and to the probationer or
 2668  offender or his or her attorney. The findings of fact by the
 2669  hearing court are binding on the court that granted the
 2670  probation or community control. Upon the probationer or offender
 2671  being brought before it, the court that granted the probation or
 2672  community control may revoke, modify, or continue the probation
 2673  or community control or may place the probationer into community
 2674  control as provided in this section. However, the probationer or
 2675  offender shall not be released and shall not be admitted to
 2676  bail, but shall be brought before the court that granted the
 2677  probation or community control if any violation of felony
 2678  probation or community control other than a failure to pay costs
 2679  or fines or make restitution payments is alleged to have been
 2680  committed by:
 2681         (a) A violent felony offender of special concern, as
 2682  defined in this section;
 2683         (b) A person who is on felony probation or community
 2684  control for any offense committed on or after the effective date
 2685  of this act and who is arrested for a qualifying offense as
 2686  defined in this section; or
 2687         (c) A person who is on felony probation or community
 2688  control and has previously been found by a court to be a
 2689  habitual violent felony offender as defined in s. 775.084(1)(b),
 2690  a three-time violent felony offender as defined in s.
 2691  775.084(1)(c), or a sexual predator under s. 775.21, and who is
 2692  arrested for committing a qualifying offense as defined in this
 2693  section on or after the effective date of this act.
 2694         (8)
 2695         (c) For purposes of this section, the term “qualifying
 2696  offense” means any of the following:
 2697         1. Kidnapping or attempted kidnapping under s. 787.01,
 2698  false imprisonment of a child under the age of 13 under s.
 2699  787.02(3), or luring or enticing a child under s. 787.025(2)(b)
 2700  or (c).
 2701         2. Murder or attempted murder under s. 782.04, attempted
 2702  felony murder under s. 782.051, or manslaughter under s. 782.07.
 2703         3. Aggravated battery or attempted aggravated battery under
 2704  s. 784.045.
 2705         4. Sexual battery or attempted sexual battery under s.
 2706  794.011(2), (3), (4), or (8)(b) or (c).
 2707         5. Lewd or lascivious battery or attempted lewd or
 2708  lascivious battery under s. 800.04(4), lewd or lascivious
 2709  molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
 2710  conduct under s. 800.04(6)(b), or lewd or lascivious exhibition
 2711  under s. 800.04(7)(b), or lewd or lascivious exhibition on
 2712  computer under s. 847.0135(5)(b).
 2713         6. Robbery or attempted robbery under s. 812.13, carjacking
 2714  or attempted carjacking under s. 812.133, or home invasion
 2715  robbery or attempted home invasion robbery under s. 812.135.
 2716         7. Lewd or lascivious offense upon or in the presence of an
 2717  elderly or disabled person or attempted lewd or lascivious
 2718  offense upon or in the presence of an elderly or disabled person
 2719  under s. 825.1025.
 2720         8. Sexual performance by a child or attempted sexual
 2721  performance by a child under former s. 827.071 or s. 847.003.
 2722         9. Computer pornography or child exploitation under s.
 2723  847.0135 s. 847.0135(2) or (3), transmission of child
 2724  pornography under s. 847.0137, or selling or buying of minors
 2725  under s. 847.0145.
 2726         10. Poisoning food or water under s. 859.01.
 2727         11. Abuse of a dead human body under s. 872.06.
 2728         12. Any burglary offense or attempted burglary offense that
 2729  is either a first degree felony or second degree felony under s.
 2730  810.02(2) or (3).
 2731         13. Arson or attempted arson under s. 806.01(1).
 2732         14. Aggravated assault under s. 784.021.
 2733         15. Aggravated stalking under s. 784.048(3), (4), (5), or
 2734  (7).
 2735         16. Aircraft piracy under s. 860.16.
 2736         17. Unlawful throwing, placing, or discharging of a
 2737  destructive device or bomb under s. 790.161(2), (3), or (4).
 2738         18. Treason under s. 876.32.
 2739         19. Any offense committed in another jurisdiction which
 2740  would be an offense listed in this paragraph if that offense had
 2741  been committed in this state.
 2742         Section 51. Subsection (1) of section 948.062, Florida
 2743  Statutes, is amended to read:
 2744         948.062 Reviewing and reporting serious offenses committed
 2745  by offenders placed on probation or community control.—
 2746         (1) The department shall review the circumstances related
 2747  to an offender placed on probation or community control who has
 2748  been arrested while on supervision for the following offenses:
 2749         (a) Any murder as provided in s. 782.04;
 2750         (b) Any sexual battery as provided in s. 794.011 or s.
 2751  794.023;
 2752         (c) Any sexual performance by a child as provided in former
 2753  s. 827.071 or s. 847.003;
 2754         (d) Any kidnapping, false imprisonment, or luring of a
 2755  child as provided in s. 787.01, s. 787.02, or s. 787.025;
 2756         (e) Any lewd and lascivious battery or lewd and lascivious
 2757  molestation as provided in s. 800.04(4) or (5);
 2758         (f) Any aggravated child abuse as provided in s.
 2759  827.03(2)(a);
 2760         (g) Any robbery with a firearm or other deadly weapon, home
 2761  invasion robbery, or carjacking as provided in s. 812.13(2)(a),
 2762  s. 812.135, or s. 812.133;
 2763         (h) Any aggravated stalking as provided in s. 784.048(3),
 2764  (4), or (5);
 2765         (i) Any forcible felony as provided in s. 776.08, committed
 2766  by a person on probation or community control who is designated
 2767  as a sexual predator; or
 2768         (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
 2769  or vehicular or vessel homicide as provided in s. 782.071 or s.
 2770  782.072, committed by a person who is on probation or community
 2771  control for an offense involving death or injury resulting from
 2772  a driving incident.
 2773         Section 52. Subsection (2) of section 948.101, Florida
 2774  Statutes, is amended to read:
 2775         948.101 Terms and conditions of community control.—
 2776         (2) The enumeration of specific kinds of terms and
 2777  conditions does not prevent the court from adding any other
 2778  terms or conditions that the court considers proper. However,
 2779  the sentencing court may only impose a condition of supervision
 2780  allowing an offender convicted of s. 794.011, s. 800.04, former
 2781  s. 827.071, s. 847.003, s. 847.0135(5), s. 847.0137(2), or s.
 2782  847.0145 to reside in another state if the order stipulates that
 2783  it is contingent upon the approval of the receiving state
 2784  interstate compact authority. The court may rescind or modify at
 2785  any time the terms and conditions theretofore imposed by it upon
 2786  the offender in community control. However, if the court
 2787  withholds adjudication of guilt or imposes a period of
 2788  incarceration as a condition of community control, the period
 2789  may not exceed 364 days, and incarceration shall be restricted
 2790  to a county facility, a probation and restitution center under
 2791  the jurisdiction of the Department of Corrections, a probation
 2792  program drug punishment phase I secure residential treatment
 2793  institution, or a community residential facility owned or
 2794  operated by any entity providing such services.
 2795         Section 53. Subsections (1), (2), (3), and (5) of section
 2796  948.30, Florida Statutes, are amended, and subsection (6) is
 2797  added to that section, to read:
 2798         948.30 Additional terms and conditions of probation or
 2799  community control for certain sex offenses.—Conditions imposed
 2800  pursuant to this section do not require oral pronouncement at
 2801  the time of sentencing and shall be considered standard
 2802  conditions of probation or community control for offenders
 2803  specified in this section.
 2804         (1) Effective for probationers or community controllees
 2805  whose crime was committed on or after October 1, 1995, and who
 2806  are placed under supervision for violation of chapter 794, s.
 2807  800.04, former s. 827.071, s. 847.0135(5), or s. 847.0145, the
 2808  court must impose the following conditions in addition to all
 2809  other standard and special conditions imposed:
 2810         (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may
 2811  designate another 8-hour period if the offender’s employment
 2812  precludes the above specified time, and the alternative is
 2813  recommended by the Department of Corrections. If the court
 2814  determines that imposing a curfew would endanger the victim, the
 2815  court may consider alternative sanctions.
 2816         (b) If the victim was under the age of 18, a prohibition on
 2817  living within 1,000 feet of a school, child care facility, park,
 2818  playground, or other place where children regularly congregate,
 2819  as prescribed by the court. The 1,000-foot distance shall be
 2820  measured in a straight line from the offender’s place of
 2821  residence to the nearest boundary line of the school, child care
 2822  facility, park, playground, or other place where children
 2823  congregate. The distance may not be measured by a pedestrian
 2824  route or automobile route. A probationer or community controllee
 2825  who is subject to this paragraph may not be forced to relocate
 2826  and does not violate his or her probation or community control
 2827  if he or she is living in a residence that meets the
 2828  requirements of this paragraph and a school, child care
 2829  facility, park, playground, or other place where children
 2830  regularly congregate is subsequently established within 1,000
 2831  feet of his or her residence.
 2832         (c) Active participation in and successful completion of a
 2833  sex offender treatment program with qualified practitioners
 2834  specifically trained to treat sex offenders, at the
 2835  probationer’s or community controllee’s own expense. If a
 2836  qualified practitioner is not available within a 50-mile radius
 2837  of the probationer’s or community controllee’s residence, the
 2838  offender shall participate in other appropriate therapy.
 2839         (d) A prohibition on any contact with the victim, directly
 2840  or indirectly, including through a third person, unless approved
 2841  by the victim, a qualified practitioner in the sexual offender
 2842  treatment program, and the sentencing court.
 2843         (e) If the victim was under the age of 18, a prohibition on
 2844  contact with a child under the age of 18 except as provided in
 2845  this paragraph. The court may approve supervised contact with a
 2846  child under the age of 18 if the approval is based upon a
 2847  recommendation for contact issued by a qualified practitioner
 2848  who is basing the recommendation on a risk assessment. Further,
 2849  the sex offender must be currently enrolled in or have
 2850  successfully completed a sex offender therapy program. The court
 2851  may not grant supervised contact with a child if the contact is
 2852  not recommended by a qualified practitioner and may deny
 2853  supervised contact with a child at any time. When considering
 2854  whether to approve supervised contact with a child, the court
 2855  must review and consider the following:
 2856         1. A risk assessment completed by a qualified practitioner.
 2857  The qualified practitioner must prepare a written report that
 2858  must include the findings of the assessment and address each of
 2859  the following components:
 2860         a. The sex offender’s current legal status;
 2861         b. The sex offender’s history of adult charges with
 2862  apparent sexual motivation;
 2863         c. The sex offender’s history of adult charges without
 2864  apparent sexual motivation;
 2865         d. The sex offender’s history of juvenile charges, whenever
 2866  available;
 2867         e. The sex offender’s offender treatment history, including
 2868  consultations with the sex offender’s treating, or most recent
 2869  treating, therapist;
 2870         f. The sex offender’s current mental status;
 2871         g. The sex offender’s mental health and substance abuse
 2872  treatment history as provided by the Department of Corrections;
 2873         h. The sex offender’s personal, social, educational, and
 2874  work history;
 2875         i. The results of current psychological testing of the sex
 2876  offender if determined necessary by the qualified practitioner;
 2877         j. A description of the proposed contact, including the
 2878  location, frequency, duration, and supervisory arrangement;
 2879         k. The child’s preference and relative comfort level with
 2880  the proposed contact, when age appropriate;
 2881         l. The parent’s or legal guardian’s preference regarding
 2882  the proposed contact; and
 2883         m. The qualified practitioner’s opinion, along with the
 2884  basis for that opinion, as to whether the proposed contact would
 2885  likely pose significant risk of emotional or physical harm to
 2886  the child.
 2887  
 2888  The written report of the assessment must be given to the court;
 2889         2. A recommendation made as a part of the risk assessment
 2890  report as to whether supervised contact with the child should be
 2891  approved;
 2892         3. A written consent signed by the child’s parent or legal
 2893  guardian, if the parent or legal guardian is not the sex
 2894  offender, agreeing to the sex offender having supervised contact
 2895  with the child after receiving full disclosure of the sex
 2896  offender’s present legal status, past criminal history, and the
 2897  results of the risk assessment. The court may not approve
 2898  contact with the child if the parent or legal guardian refuses
 2899  to give written consent for supervised contact;
 2900         4. A safety plan prepared by the qualified practitioner,
 2901  who provides treatment to the offender, in collaboration with
 2902  the sex offender, the child’s parent or legal guardian, if the
 2903  parent or legal guardian is not the sex offender, and the child,
 2904  when age appropriate, which details the acceptable conditions of
 2905  contact between the sex offender and the child. The safety plan
 2906  must be reviewed and approved by the court; and
 2907         5. Evidence that the child’s parent or legal guardian
 2908  understands the need for and agrees to the safety plan and has
 2909  agreed to provide, or to designate another adult to provide,
 2910  constant supervision any time the child is in contact with the
 2911  offender.
 2912  
 2913  The court may not appoint a person to conduct a risk assessment
 2914  and may not accept a risk assessment from a person who has not
 2915  demonstrated to the court that he or she has met the
 2916  requirements of a qualified practitioner as defined in this
 2917  section.
 2918         (f) If the victim was under age 18, a prohibition on
 2919  working for pay or as a volunteer at any place where children
 2920  regularly congregate, including, but not limited to, schools,
 2921  child care facilities, parks, playgrounds, pet stores,
 2922  libraries, zoos, theme parks, and malls.
 2923         (g) Unless otherwise indicated in the treatment plan
 2924  provided by a qualified practitioner in the sexual offender
 2925  treatment program, a prohibition on viewing, accessing, owning,
 2926  or possessing any obscene, pornographic, or sexually stimulating
 2927  visual or auditory material, including telephone, electronic
 2928  media, computer programs, or computer services that are relevant
 2929  to the offender’s deviant behavior pattern.
 2930         (h) Effective for probationers and community controllees
 2931  whose crime is committed on or after July 1, 2005, a prohibition
 2932  on accessing the Internet or other computer services until a
 2933  qualified practitioner in the offender’s sex offender treatment
 2934  program, after a risk assessment is completed, approves and
 2935  implements a safety plan for the offender’s accessing or using
 2936  the Internet or other computer services.
 2937         (i) A requirement that the probationer or community
 2938  controllee must submit a specimen of blood or other approved
 2939  biological specimen to the Department of Law Enforcement to be
 2940  registered with the DNA data bank.
 2941         (j) A requirement that the probationer or community
 2942  controllee make restitution to the victim, as ordered by the
 2943  court under s. 775.089, for all necessary medical and related
 2944  professional services relating to physical, psychiatric, and
 2945  psychological care.
 2946         (k) Submission to a warrantless search by the community
 2947  control or probation officer of the probationer’s or community
 2948  controllee’s person, residence, or vehicle.
 2949         (2) Effective for a probationer or community controllee
 2950  whose crime was committed on or after October 1, 1997, and who
 2951  is placed on community control or sex offender probation for a
 2952  violation of chapter 794, s. 800.04, former s. 827.071, s.
 2953  847.0135(5), or s. 847.0145, in addition to any other provision
 2954  of this section, the court must impose the following conditions
 2955  of probation or community control:
 2956         (a) As part of a treatment program, participation at least
 2957  annually in polygraph examinations to obtain information
 2958  necessary for risk management and treatment and to reduce the
 2959  sex offender’s denial mechanisms. A polygraph examination must
 2960  be conducted by a polygrapher who is a member of a national or
 2961  state polygraph association and who is certified as a
 2962  postconviction sex offender polygrapher, where available, and
 2963  shall be paid for by the probationer or community controllee.
 2964  The results of the polygraph examination shall be provided to
 2965  the probationer’s or community controllee’s probation officer
 2966  and qualified practitioner and shall not be used as evidence in
 2967  court to prove that a violation of community supervision has
 2968  occurred.
 2969         (b) Maintenance of a driving log and a prohibition against
 2970  driving a motor vehicle alone without the prior approval of the
 2971  supervising officer.
 2972         (c) A prohibition against obtaining or using a post office
 2973  box without the prior approval of the supervising officer.
 2974         (d) If there was sexual contact, a submission to, at the
 2975  probationer’s or community controllee’s expense, an HIV test
 2976  with the results to be released to the victim or the victim’s
 2977  parent or guardian.
 2978         (e) Electronic monitoring when deemed necessary by the
 2979  community control or probation officer and his or her
 2980  supervisor, and ordered by the court at the recommendation of
 2981  the Department of Corrections.
 2982         (3) Effective for a probationer or community controllee
 2983  whose crime was committed on or after September 1, 2005, and
 2984  who:
 2985         (a) Is placed on probation or community control for a
 2986  violation of chapter 794, s. 800.04(4), (5), or (6), former s.
 2987  827.071, or s. 847.0145 and the unlawful sexual activity
 2988  involved a victim 15 years of age or younger and the offender is
 2989  18 years of age or older;
 2990         (b) Is designated a sexual predator pursuant to s. 775.21;
 2991  or
 2992         (c) Has previously been convicted of a violation of chapter
 2993  794, s. 800.04(4), (5), or (6), former s. 827.071, or s.
 2994  847.0145 and the unlawful sexual activity involved a victim 15
 2995  years of age or younger and the offender is 18 years of age or
 2996  older,
 2997  
 2998  the court must order, in addition to any other provision of this
 2999  section, mandatory electronic monitoring as a condition of the
 3000  probation or community control supervision.
 3001         (5) Effective for a probationer or community controllee
 3002  whose crime was committed on or after October 1, 2014, and who
 3003  is placed on probation or community control for a violation of
 3004  chapter 794, s. 800.04, former s. 827.071, s. 847.0135(5), or s.
 3005  847.0145, in addition to all other conditions imposed, the court
 3006  must impose a condition prohibiting the probationer or community
 3007  controllee from viewing, accessing, owning, or possessing any
 3008  obscene, pornographic, or sexually stimulating visual or
 3009  auditory material unless otherwise indicated in the treatment
 3010  plan provided by a qualified practitioner in the sexual offender
 3011  treatment program. Visual or auditory material includes, but is
 3012  not limited to, telephone, electronic media, computer programs,
 3013  and computer services.
 3014         (6)Effective for a probationer or community controllee
 3015  whose crime was committed on or after October 1, 2017, and who
 3016  is placed under supervision for violation of s. 847.003 or s.
 3017  847.0137(2), the court must impose the conditions specified in
 3018  subsections (1)-(5) in addition to all other standard and
 3019  special conditions imposed.
 3020         Section 54. Subsection (1) of section 948.32, Florida
 3021  Statutes, is amended to read:
 3022         948.32 Requirements of law enforcement agency upon arrest
 3023  of persons for certain sex offenses.—
 3024         (1) When any state or local law enforcement agency
 3025  investigates or arrests a person for committing, or attempting,
 3026  soliciting, or conspiring to commit, a violation of s.
 3027  787.025(2)(c), s. 787.06(3)(g), chapter 794, former s. 796.03,
 3028  s. 800.04, former s. 827.071, s. 847.003, s. 847.0133, s.
 3029  847.0135, s. 847.0137(2), or s. 847.0145, the law enforcement
 3030  agency shall contact the Department of Corrections to verify
 3031  whether the person under investigation or under arrest is on
 3032  probation, community control, parole, conditional release, or
 3033  control release.
 3034         Section 55. Paragraph (e) of subsection (3) and subsection
 3035  (10) of section 960.03, Florida Statutes, are amended to read:
 3036         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
 3037  960.01-960.28, unless the context otherwise requires, the term:
 3038         (3) “Crime” means:
 3039         (e) A violation of former s. 827.071, s. 847.003, s.
 3040  847.0135, s. 847.0137, or s. 847.0138, related to online sexual
 3041  exploitation and child pornography.
 3042         (10) “Identified victim of child pornography” means any
 3043  person who, while under the age of 18, is depicted in any visual
 3044  depiction image or movie of child pornography, as defined in s.
 3045  847.0137, and who is identified through a report generated by a
 3046  law enforcement agency and provided to the National Center for
 3047  Missing and Exploited Children’s Child Victim Identification
 3048  Program.
 3049         Section 56. Section 960.197, Florida Statutes, is amended
 3050  to read:
 3051         960.197 Assistance to victims of online sexual exploitation
 3052  and child pornography.—
 3053         (1) Notwithstanding the criteria set forth in s. 960.13 for
 3054  crime victim compensation awards, the department may award
 3055  compensation for counseling and other mental health services to
 3056  treat psychological injury or trauma to:
 3057         (a) A child younger than 18 years of age who suffers
 3058  psychiatric or psychological injury as a direct result of online
 3059  sexual exploitation under former any provision of s. 827.071, s.
 3060  847.003, s. 847.0135, s. 847.0137, or s. 847.0138, and who does
 3061  not otherwise sustain a personal injury or death; or
 3062         (b) Any person who, while younger than age 18, was depicted
 3063  in any visual depiction image or movie, regardless of length, of
 3064  child pornography as defined in s. 847.0137 s. 847.001, who has
 3065  been identified by a law enforcement agency or the National
 3066  Center for Missing and Exploited Children as an identified
 3067  victim of child pornography, who suffers psychiatric or
 3068  psychological injury as a direct result of the crime, and who
 3069  does not otherwise sustain a personal injury or death.
 3070         (2) Compensation under this section is not contingent upon
 3071  pursuit of a criminal investigation or prosecution.
 3072         Section 57. Paragraph (d) of subsection (4) of section
 3073  985.04, Florida Statutes, is amended to read:
 3074         985.04 Oaths; records; confidential information.—
 3075         (4)
 3076         (d) The department shall disclose to the school
 3077  superintendent the presence of any child in the care and custody
 3078  or under the jurisdiction or supervision of the department who
 3079  has a known history of criminal sexual behavior with other
 3080  juveniles; is alleged to have committed juvenile sexual abuse as
 3081  defined in s. 39.01; or has pled guilty or nolo contendere to,
 3082  or has been found to have committed, a violation of chapter 794,
 3083  chapter 796, chapter 800, former s. 827.071, s. 847.003, or s.
 3084  847.0133, s. 847.0135(5), or s. 847.0137, regardless of
 3085  adjudication. Any employee of a district school board who
 3086  knowingly and willfully discloses such information to an
 3087  unauthorized person commits a misdemeanor of the second degree,
 3088  punishable as provided in s. 775.082 or s. 775.083.
 3089         Section 58. Subsection (1) of section 985.475, Florida
 3090  Statutes, is amended to read:
 3091         985.475 Juvenile sexual offenders.—
 3092         (1) CRITERIA.—A “juvenile sexual offender” means:
 3093         (a) A juvenile who has been found by the court under s.
 3094  985.35 to have committed a violation of chapter 794, chapter
 3095  796, chapter 800, former s. 827.071, s. 847.003, or s. 847.0133,
 3096  or s. 847.0137(2);
 3097         (b) A juvenile found to have committed any felony violation
 3098  of law or delinquent act involving juvenile sexual abuse.
 3099  “Juvenile sexual abuse” means any sexual behavior that occurs
 3100  without consent, without equality, or as a result of coercion.
 3101  For purposes of this subsection, the following definitions
 3102  apply:
 3103         1. “Coercion” means the exploitation of authority, use of
 3104  bribes, threats of force, or intimidation to gain cooperation or
 3105  compliance.
 3106         2. “Equality” means two participants operating with the
 3107  same level of power in a relationship, neither being controlled
 3108  nor coerced by the other.
 3109         3. “Consent” means an agreement including all of the
 3110  following:
 3111         a. Understanding what is proposed based on age, maturity,
 3112  developmental level, functioning, and experience.
 3113         b. Knowledge of societal standards for what is being
 3114  proposed.
 3115         c. Awareness of potential consequences and alternatives.
 3116         d. Assumption that agreement or disagreement will be
 3117  accepted equally.
 3118         e. Voluntary decision.
 3119         f. Mental competence.
 3120  
 3121  Juvenile sexual offender behavior ranges from noncontact sexual
 3122  behavior such as making obscene phone calls, exhibitionism,
 3123  voyeurism, and the showing or taking of lewd photographs to
 3124  varying degrees of direct sexual contact, such as frottage,
 3125  fondling, digital penetration, rape, fellatio, sodomy, and
 3126  various other sexually aggressive acts.
 3127         Section 59. Paragraphs (mm) and (oo) of subsection (1) of
 3128  section 1012.315, Florida Statutes, are amended to read:
 3129         1012.315 Disqualification from employment.—A person is
 3130  ineligible for educator certification, and instructional
 3131  personnel and school administrators, as defined in s. 1012.01,
 3132  are ineligible for employment in any position that requires
 3133  direct contact with students in a district school system,
 3134  charter school, or private school that accepts scholarship
 3135  students under s. 1002.39 or s. 1002.395, if the person,
 3136  instructional personnel, or school administrator has been
 3137  convicted of:
 3138         (1) Any felony offense prohibited under any of the
 3139  following statutes:
 3140         (mm) Former s. Section 827.071, relating to sexual
 3141  performance by a child.
 3142         (oo) Chapter 847, relating to obscenity and child
 3143  exploitation.
 3144         Section 60. Paragraphs (e), (f), and (h) of subsection (3)
 3145  of section 921.0022, Florida Statutes, are amended to read:
 3146         921.0022 Criminal Punishment Code; offense severity ranking
 3147  chart.—
 3148         (3) OFFENSE SEVERITY RANKING CHART
 3149         (e) LEVEL 5
 3150  
 3151  
 3152  FloridaStatute    FelonyDegree           Description            
 3153  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 3154  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
 3155  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
 3156  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 3157  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
 3158  379.365(2)(c)1.      3rd   Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
 3159  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 3160  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
 3161  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
 3162  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
 3163  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
 3164  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 3165  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 3166  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
 3167  790.01(2)            3rd   Carrying a concealed firearm.     
 3168  790.162              2nd   Threat to throw or discharge destructive device.
 3169  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
 3170  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
 3171  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
 3172  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
 3173  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
 3174  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
 3175  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 3176  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 3177  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
 3178  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
 3179  812.131(2)(b)        3rd   Robbery by sudden snatching.      
 3180  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
 3181  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
 3182  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
 3183  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.
 3184  817.568(2)(b)        2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
 3185  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
 3186  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device or reencoder.
 3187  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 3188  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 3189  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 3190  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.
 3191  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
 3192  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
 3193  847.0137(2)(a)       2nd   Possess child pornography with intent to promote.
 3194  847.0137(2)(b)       3rd   Possess, control, or intentionally view child pornography.
 3195  847.0137(3)847.0137(2) & (3)   3rd   Transmission of child pornography by electronic device or equipment.
 3196  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
 3197  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 3198  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
 3199  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).
 3200  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.
 3201  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.
 3202  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.
 3203  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.
 3204  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
 3205  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 3206         (f) LEVEL 6
 3207  
 3208  
 3209  FloridaStatute    FelonyDegree           Description            
 3210  316.027(2)(b)        2nd   Leaving the scene of a crash involving serious bodily injury.
 3211  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
 3212  400.9935(4)(c)       2nd   Operating a clinic, or offering services requiring licensure, without a license.
 3213  499.0051(2)          2nd   Knowing forgery of transaction history, transaction information, or transaction statement.
 3214  499.0051(3)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
 3215  499.0051(4)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
 3216  775.0875(1)          3rd   Taking firearm from law enforcement officer.
 3217  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
 3218  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
 3219  784.041              3rd   Felony battery; domestic battery by strangulation.
 3220  784.048(3)           3rd   Aggravated stalking; credible threat.
 3221  784.048(5)           3rd   Aggravated stalking of person under 16.
 3222  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
 3223  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
 3224  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
 3225  784.081(2)           2nd   Aggravated assault on specified official or employee.
 3226  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
 3227  784.083(2)           2nd   Aggravated assault on code inspector.
 3228  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
 3229  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
 3230  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 3231  790.164(1)           2nd   False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
 3232  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 3233  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
 3234  794.05(1)            2nd   Unlawful sexual activity with specified minor.
 3235  800.04(5)(d)         3rd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
 3236  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
 3237  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
 3238  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
 3239  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
 3240  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 3241  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
 3242  812.015(9)(a)        2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
 3243  812.015(9)(b)        2nd   Retail theft; property stolen $3,000 or more; coordination of others.
 3244  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
 3245  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
 3246  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
 3247  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
 3248  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
 3249  825.103(3)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 3250  827.03(2)(c)         3rd   Abuse of a child.                 
 3251  827.03(2)(d)         3rd   Neglect of a child.               
 3252  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
 3253  836.05               2nd   Threats; extortion.               
 3254  836.10               2nd   Written threats to kill or do bodily injury.
 3255  843.12               3rd   Aids or assists person to escape. 
 3256  847.003              2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
 3257  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 3258  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
 3259  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 3260  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
 3261  944.35(3)(a)2.       3rd   Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
 3262  944.40               2nd   Escapes.                          
 3263  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
 3264  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 3265  951.22(1)            3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
 3266         (h) LEVEL 8
 3267  
 3268  
 3269  FloridaStatute    FelonyDegree           Description            
 3270  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                 
 3271  316.1935(4)(b)       1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
 3272  327.35(3)(c)3.       2nd   Vessel BUI manslaughter.          
 3273  499.0051(7)          1st   Knowing trafficking in contraband prescription drugs.
 3274  499.0051(8)          1st   Knowing forgery of prescription labels or prescription drug labels.
 3275  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.
 3276  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.
 3277  655.50(10)(b)2.      2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
 3278  777.03(2)(a)         1st   Accessory after the fact, capital felony.
 3279  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.
 3280  782.051(2)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
 3281  782.071(1)(b)        1st   Committing vehicular homicide and failing to render aid or give information.
 3282  782.072(2)           1st   Committing vessel homicide and failing to render aid or give information.
 3283  787.06(3)(a)1.       1st   Human trafficking for labor and services of a child.
 3284  787.06(3)(b)         1st   Human trafficking using coercion for commercial sexual activity of an adult.
 3285  787.06(3)(c)2.       1st   Human trafficking using coercion for labor and services of an unauthorized alien adult.
 3286  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.
 3287  787.06(3)(f)2.       1st   Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
 3288  790.161(3)           1st   Discharging a destructive device which results in bodily harm or property damage.
 3289  794.011(5)(a)        1st   Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
 3290  794.011(5)(b)        2nd   Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
 3291  794.011(5)(c)        2nd   Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
 3292  794.011(5)(d)        1st   Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
 3293  794.08(3)            2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
 3294  800.04(4)(b)         2nd   Lewd or lascivious battery.       
 3295  800.04(4)(c)         1st   Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
 3296  806.01(1)            1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
 3297  810.02(2)(a)       1st,PBL Burglary with assault or battery. 
 3298  810.02(2)(b)       1st,PBL Burglary; armed with explosives or dangerous weapon.
 3299  810.02(2)(c)         1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
 3300  812.014(2)(a)2.      1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
 3301  812.13(2)(b)         1st   Robbery with a weapon.            
 3302  812.135(2)(c)        1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
 3303  817.535(2)(b)        2nd   Filing false lien or other unauthorized document; second or subsequent offense.
 3304  817.535(3)(a)        2nd   Filing false lien or other unauthorized document; property owner is a public officer or employee.
 3305  817.535(4)(a)1.      2nd   Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
 3306  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.
 3307  817.568(6)           2nd   Fraudulent use of personal identification information of an individual under the age of 18.
 3308  817.611(2)(c)        1st   Traffic in or possess 50 or more counterfeit credit cards or related documents.
 3309  825.102(2)           1st   Aggravated abuse of an elderly person or disabled adult.
 3310  825.1025(2)          2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
 3311  825.103(3)(a)        1st   Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
 3312  837.02(2)            2nd   Perjury in official proceedings relating to prosecution of a capital felony.
 3313  837.021(2)           2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
 3314  847.0135(3)          2nd   Solicitation of a child, using a computer service, to commit an unlawful sex act while misrepresenting one’s age.
 3315  860.121(2)(c)        1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
 3316  860.16               1st   Aircraft piracy.                  
 3317  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).
 3318  893.13(2)(b)         1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 3319  893.13(6)(c)         1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 3320  893.135(1)(a)2.      1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
 3321  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 200 grams, less than 400 grams.
 3322  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
 3323  893.135 (1)(c)2.c.   1st   Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
 3324  893.135 (1)(c)3.c.   1st   Trafficking in oxycodone, 25 grams or more, less than 100 grams.
 3325  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
 3326  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
 3327  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 28 grams, less than 200 grams.
 3328  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
 3329  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
 3330  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
 3331  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
 3332  893.1351(3)          1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
 3333  895.03(1)            1st   Use or invest proceeds derived from pattern of racketeering activity.
 3334  895.03(2)            1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
 3335  895.03(3)            1st   Conduct or participate in any enterprise through pattern of racketeering activity.
 3336  896.101(5)(b)        2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
 3337  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.
 3338         Section 61. The Division of Law Revision and Information is
 3339  directed to rename chapter 847, Florida Statutes, as “Obscenity;
 3340  Child Exploitation.”
 3341         Section 62. For the purpose of incorporating the amendment
 3342  made by this act to section 39.0139, Florida Statutes, in a
 3343  reference thereto, paragraph (a) of subsection (9) of section
 3344  39.402, Florida Statutes, is reenacted to read:
 3345         39.402 Placement in a shelter.—
 3346         (9)(a) At any shelter hearing, the department shall provide
 3347  to the court a recommendation for scheduled contact between the
 3348  child and parents, if appropriate. The court shall determine
 3349  visitation rights absent a clear and convincing showing that
 3350  visitation is not in the best interest of the child. Any order
 3351  for visitation or other contact must conform to s. 39.0139. If
 3352  visitation is ordered but will not commence within 72 hours of
 3353  the shelter hearing, the department shall provide justification
 3354  to the court.
 3355         Section 63. For the purpose of incorporating the amendment
 3356  made by this act to section 39.0139, Florida Statutes, in a
 3357  reference thereto, subsection (6) of section 39.506, Florida
 3358  Statutes, is reenacted to read:
 3359         39.506 Arraignment hearings.—
 3360         (6) At any arraignment hearing, if the child is in an out
 3361  of-home placement, the court shall order visitation rights
 3362  absent a clear and convincing showing that visitation is not in
 3363  the best interest of the child. Any order for visitation or
 3364  other contact must conform to the provisions of s. 39.0139.
 3365         Section 64. For the purpose of incorporating the amendment
 3366  made by this act to section 775.21, Florida Statutes, in a
 3367  reference thereto, paragraph (b) of subsection (6) of section
 3368  39.509, Florida Statutes, is reenacted to read:
 3369         39.509 Grandparents rights.—Notwithstanding any other
 3370  provision of law, a maternal or paternal grandparent as well as
 3371  a stepgrandparent is entitled to reasonable visitation with his
 3372  or her grandchild who has been adjudicated a dependent child and
 3373  taken from the physical custody of the parent unless the court
 3374  finds that such visitation is not in the best interest of the
 3375  child or that such visitation would interfere with the goals of
 3376  the case plan. Reasonable visitation may be unsupervised and,
 3377  where appropriate and feasible, may be frequent and continuing.
 3378  Any order for visitation or other contact must conform to the
 3379  provisions of s. 39.0139.
 3380         (6) In determining whether grandparental visitation is not
 3381  in the child’s best interest, consideration may be given to the
 3382  following:
 3383         (b) The designation by a court as a sexual predator as
 3384  defined in s. 775.21 or a substantially similar designation
 3385  under laws of another jurisdiction.
 3386         Section 65. For the purpose of incorporating the amendment
 3387  made by this act to section 39.0139, Florida Statutes, in a
 3388  reference thereto, paragraph (d) of subsection (3) of section
 3389  39.521, Florida Statutes, is reenacted to read:
 3390         39.521 Disposition hearings; powers of disposition.—
 3391         (3) When any child is adjudicated by a court to be
 3392  dependent, the court shall determine the appropriate placement
 3393  for the child as follows:
 3394         (d) If the child cannot be safely placed in a nonlicensed
 3395  placement, the court shall commit the child to the temporary
 3396  legal custody of the department. Such commitment invests in the
 3397  department all rights and responsibilities of a legal custodian.
 3398  The department shall not return any child to the physical care
 3399  and custody of the person from whom the child was removed,
 3400  except for court-approved visitation periods, without the
 3401  approval of the court. Any order for visitation or other contact
 3402  must conform to the provisions of s. 39.0139. The term of such
 3403  commitment continues until terminated by the court or until the
 3404  child reaches the age of 18. After the child is committed to the
 3405  temporary legal custody of the department, all further
 3406  proceedings under this section are governed by this chapter.
 3407  
 3408  Protective supervision continues until the court terminates it
 3409  or until the child reaches the age of 18, whichever date is
 3410  first. Protective supervision shall be terminated by the court
 3411  whenever the court determines that permanency has been achieved
 3412  for the child, whether with a parent, another relative, or a
 3413  legal custodian, and that protective supervision is no longer
 3414  needed. The termination of supervision may be with or without
 3415  retaining jurisdiction, at the court’s discretion, and shall in
 3416  either case be considered a permanency option for the child. The
 3417  order terminating supervision by the department shall set forth
 3418  the powers of the custodian of the child and shall include the
 3419  powers ordinarily granted to a guardian of the person of a minor
 3420  unless otherwise specified. Upon the court’s termination of
 3421  supervision by the department, no further judicial reviews are
 3422  required, so long as permanency has been established for the
 3423  child.
 3424         Section 66. For the purpose of incorporating the amendment
 3425  made by this act to section 39.01, Florida Statutes, in a
 3426  reference thereto, subsection (1) of section 39.524, Florida
 3427  Statutes, is reenacted to read:
 3428         39.524 Safe-harbor placement.—
 3429         (1) Except as provided in s. 39.407 or s. 985.801, a
 3430  dependent child 6 years of age or older who has been found to be
 3431  a victim of sexual exploitation as defined in s. 39.01(70)(g)
 3432  must be assessed for placement in a safe house or safe foster
 3433  home as provided in s. 409.1678 using the initial screening and
 3434  assessment instruments provided in s. 409.1754(1). If such
 3435  placement is determined to be appropriate for the child as a
 3436  result of this assessment, the child may be placed in a safe
 3437  house or safe foster home, if one is available. However, the
 3438  child may be placed in another setting, if the other setting is
 3439  more appropriate to the child’s needs or if a safe house or safe
 3440  foster home is unavailable, as long as the child’s behaviors are
 3441  managed so as not to endanger other children served in that
 3442  setting.
 3443         Section 67. For the purpose of incorporating the amendment
 3444  made by this act to section 775.21, Florida Statutes, in
 3445  references thereto, paragraphs (d) and (n) of subsection (1) of
 3446  section 39.806, Florida Statutes, are reenacted to read:
 3447         39.806 Grounds for termination of parental rights.—
 3448         (1) Grounds for the termination of parental rights may be
 3449  established under any of the following circumstances:
 3450         (d) When the parent of a child is incarcerated and either:
 3451         1. The period of time for which the parent is expected to
 3452  be incarcerated will constitute a significant portion of the
 3453  child’s minority. When determining whether the period of time is
 3454  significant, the court shall consider the child’s age and the
 3455  child’s need for a permanent and stable home. The period of time
 3456  begins on the date that the parent enters into incarceration;
 3457         2. The incarcerated parent has been determined by the court
 3458  to be a violent career criminal as defined in s. 775.084, a
 3459  habitual violent felony offender as defined in s. 775.084, or a
 3460  sexual predator as defined in s. 775.21; has been convicted of
 3461  first degree or second degree murder in violation of s. 782.04
 3462  or a sexual battery that constitutes a capital, life, or first
 3463  degree felony violation of s. 794.011; or has been convicted of
 3464  an offense in another jurisdiction which is substantially
 3465  similar to one of the offenses listed in this paragraph. As used
 3466  in this section, the term “substantially similar offense” means
 3467  any offense that is substantially similar in elements and
 3468  penalties to one of those listed in this subparagraph, and that
 3469  is in violation of a law of any other jurisdiction, whether that
 3470  of another state, the District of Columbia, the United States or
 3471  any possession or territory thereof, or any foreign
 3472  jurisdiction; or
 3473         3. The court determines by clear and convincing evidence
 3474  that continuing the parental relationship with the incarcerated
 3475  parent would be harmful to the child and, for this reason, that
 3476  termination of the parental rights of the incarcerated parent is
 3477  in the best interest of the child. When determining harm, the
 3478  court shall consider the following factors:
 3479         a. The age of the child.
 3480         b. The relationship between the child and the parent.
 3481         c. The nature of the parent’s current and past provision
 3482  for the child’s developmental, cognitive, psychological, and
 3483  physical needs.
 3484         d. The parent’s history of criminal behavior, which may
 3485  include the frequency of incarceration and the unavailability of
 3486  the parent to the child due to incarceration.
 3487         e. Any other factor the court deems relevant.
 3488         (n) The parent is convicted of an offense that requires the
 3489  parent to register as a sexual predator under s. 775.21.
 3490         Section 68. For the purpose of incorporating the amendment
 3491  made by this act to section 775.21, Florida Statutes, in a
 3492  reference thereto, paragraph (b) of subsection (4) of section
 3493  63.089, Florida Statutes, is reenacted to read:
 3494         63.089 Proceeding to terminate parental rights pending
 3495  adoption; hearing; grounds; dismissal of petition; judgment.—
 3496         (4) FINDING OF ABANDONMENT.—A finding of abandonment
 3497  resulting in a termination of parental rights must be based upon
 3498  clear and convincing evidence that a parent or person having
 3499  legal custody has abandoned the child in accordance with the
 3500  definition contained in s. 63.032. A finding of abandonment may
 3501  also be based upon emotional abuse or a refusal to provide
 3502  reasonable financial support, when able, to a birth mother
 3503  during her pregnancy or on whether the person alleged to have
 3504  abandoned the child, while being able, failed to establish
 3505  contact with the child or accept responsibility for the child’s
 3506  welfare.
 3507         (b) The child has been abandoned when the parent of a child
 3508  is incarcerated on or after October 1, 2001, in a federal,
 3509  state, or county correctional institution and:
 3510         1. The period of time for which the parent has been or is
 3511  expected to be incarcerated will constitute a significant
 3512  portion of the child’s minority. In determining whether the
 3513  period of time is significant, the court shall consider the
 3514  child’s age and the child’s need for a permanent and stable
 3515  home. The period of time begins on the date that the parent
 3516  enters into incarceration;
 3517         2. The incarcerated parent has been determined by a court
 3518  of competent jurisdiction to be a violent career criminal as
 3519  defined in s. 775.084, a habitual violent felony offender as
 3520  defined in s. 775.084, convicted of child abuse as defined in s.
 3521  827.03, or a sexual predator as defined in s. 775.21; has been
 3522  convicted of first degree or second degree murder in violation
 3523  of s. 782.04 or a sexual battery that constitutes a capital,
 3524  life, or first degree felony violation of s. 794.011; or has
 3525  been convicted of a substantially similar offense in another
 3526  jurisdiction. As used in this section, the term “substantially
 3527  similar offense” means any offense that is substantially similar
 3528  in elements and penalties to one of those listed in this
 3529  subparagraph, and that is in violation of a law of any other
 3530  jurisdiction, whether that of another state, the District of
 3531  Columbia, the United States or any possession or territory
 3532  thereof, or any foreign jurisdiction; or
 3533         3. The court determines by clear and convincing evidence
 3534  that continuing the parental relationship with the incarcerated
 3535  parent would be harmful to the child and, for this reason,
 3536  termination of the parental rights of the incarcerated parent is
 3537  in the best interests of the child.
 3538         Section 69. For the purpose of incorporating the amendment
 3539  made by this act to section 775.21, Florida Statutes, in a
 3540  reference thereto, subsection (3) of section 63.092, Florida
 3541  Statutes, is reenacted to read:
 3542         63.092 Report to the court of intended placement by an
 3543  adoption entity; at-risk placement; preliminary study.—
 3544         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
 3545  intended adoptive home, a preliminary home study must be
 3546  performed by a licensed child-placing agency, a child-caring
 3547  agency registered under s. 409.176, a licensed professional, or
 3548  an agency described in s. 61.20(2), unless the adoptee is an
 3549  adult or the petitioner is a stepparent or a relative. If the
 3550  adoptee is an adult or the petitioner is a stepparent or a
 3551  relative, a preliminary home study may be required by the court
 3552  for good cause shown. The department is required to perform the
 3553  preliminary home study only if there is no licensed child
 3554  placing agency, child-caring agency registered under s. 409.176,
 3555  licensed professional, or agency described in s. 61.20(2), in
 3556  the county where the prospective adoptive parents reside. The
 3557  preliminary home study must be made to determine the suitability
 3558  of the intended adoptive parents and may be completed prior to
 3559  identification of a prospective adoptive minor. A favorable
 3560  preliminary home study is valid for 1 year after the date of its
 3561  completion. Upon its completion, a signed copy of the home study
 3562  must be provided to the intended adoptive parents who were the
 3563  subject of the home study. A minor may not be placed in an
 3564  intended adoptive home before a favorable preliminary home study
 3565  is completed unless the adoptive home is also a licensed foster
 3566  home under s. 409.175. The preliminary home study must include,
 3567  at a minimum:
 3568         (a) An interview with the intended adoptive parents;
 3569         (b) Records checks of the department’s central abuse
 3570  registry and criminal records correspondence checks under s.
 3571  39.0138 through the Department of Law Enforcement on the
 3572  intended adoptive parents;
 3573         (c) An assessment of the physical environment of the home;
 3574         (d) A determination of the financial security of the
 3575  intended adoptive parents;
 3576         (e) Documentation of counseling and education of the
 3577  intended adoptive parents on adoptive parenting;
 3578         (f) Documentation that information on adoption and the
 3579  adoption process has been provided to the intended adoptive
 3580  parents;
 3581         (g) Documentation that information on support services
 3582  available in the community has been provided to the intended
 3583  adoptive parents; and
 3584         (h) A copy of each signed acknowledgment of receipt of
 3585  disclosure required by s. 63.085.
 3586  
 3587  If the preliminary home study is favorable, a minor may be
 3588  placed in the home pending entry of the judgment of adoption. A
 3589  minor may not be placed in the home if the preliminary home
 3590  study is unfavorable. If the preliminary home study is
 3591  unfavorable, the adoption entity may, within 20 days after
 3592  receipt of a copy of the written recommendation, petition the
 3593  court to determine the suitability of the intended adoptive
 3594  home. A determination as to suitability under this subsection
 3595  does not act as a presumption of suitability at the final
 3596  hearing. In determining the suitability of the intended adoptive
 3597  home, the court must consider the totality of the circumstances
 3598  in the home. A minor may not be placed in a home in which there
 3599  resides any person determined by the court to be a sexual
 3600  predator as defined in s. 775.21 or to have been convicted of an
 3601  offense listed in s. 63.089(4)(b)2.
 3602         Section 70. For the purpose of incorporating the amendments
 3603  made by this act to sections 775.21 and 943.0435, Florida
 3604  Statutes, in references thereto, paragraph (i) of subsection (3)
 3605  and subsection (6) of section 68.07, Florida Statutes, are
 3606  reenacted to read:
 3607         68.07 Change of name.—
 3608         (3) Each petition shall be verified and show:
 3609         (i) Whether the petitioner has ever been required to
 3610  register as a sexual predator under s. 775.21 or as a sexual
 3611  offender under s. 943.0435.
 3612         (6) The clerk of the court must, within 5 business days
 3613  after the filing of the final judgment, send a report of the
 3614  judgment to the Department of Law Enforcement on a form to be
 3615  furnished by that department. If the petitioner is required to
 3616  register as a sexual predator or a sexual offender pursuant to
 3617  s. 775.21 or s. 943.0435, the clerk of court shall
 3618  electronically notify the Department of Law Enforcement of the
 3619  name change, in a manner prescribed by that department, within 2
 3620  business days after the filing of the final judgment. The
 3621  Department of Law Enforcement must send a copy of the report to
 3622  the Department of Highway Safety and Motor Vehicles, which may
 3623  be delivered by electronic transmission. The report must contain
 3624  sufficient information to identify the petitioner, including the
 3625  results of the criminal history records check if applicable, the
 3626  new name of the petitioner, and the file number of the judgment.
 3627  The Department of Highway Safety and Motor Vehicles shall
 3628  monitor the records of any sexual predator or sexual offender
 3629  whose name has been provided to it by the Department of Law
 3630  Enforcement. If the sexual predator or sexual offender does not
 3631  obtain a replacement driver license or identification card
 3632  within the required time as specified in s. 775.21 or s.
 3633  943.0435, the Department of Highway Safety and Motor Vehicles
 3634  shall notify the Department of Law Enforcement. The Department
 3635  of Law Enforcement shall notify applicable law enforcement
 3636  agencies of the predator’s or offender’s failure to comply with
 3637  registration requirements. Any information retained by the
 3638  Department of Law Enforcement and the Department of Highway
 3639  Safety and Motor Vehicles may be revised or supplemented by said
 3640  departments to reflect changes made by the final judgment. With
 3641  respect to a person convicted of a felony in another state or of
 3642  a federal offense, the Department of Law Enforcement must send
 3643  the report to the respective state’s office of law enforcement
 3644  records or to the office of the Federal Bureau of Investigation.
 3645  The Department of Law Enforcement may forward the report to any
 3646  other law enforcement agency it believes may retain information
 3647  related to the petitioner.
 3648         Section 71. For the purpose of incorporating the amendments
 3649  made by this act to sections 775.21 and 943.0435, Florida
 3650  Statutes, in references thereto, paragraph (b) of subsection (1)
 3651  of section 92.55, Florida Statutes, is reenacted to read:
 3652         92.55 Judicial or other proceedings involving victim or
 3653  witness under the age of 18, a person who has an intellectual
 3654  disability, or a sexual offense victim or witness; special
 3655  protections; use of registered service or therapy animals.—
 3656         (1) For purposes of this section, the term:
 3657         (b) “Sexual offense” means any offense specified in s.
 3658  775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
 3659         Section 72. For the purpose of incorporating the amendment
 3660  made by this act to section 16.56, Florida Statutes, in a
 3661  reference thereto, paragraph (b) of subsection (1) of section
 3662  92.605, Florida Statutes, is reenacted to read:
 3663         92.605 Production of certain records by Florida businesses
 3664  and out-of-state corporations.—
 3665         (1) For the purposes of this section, the term:
 3666         (b) “Applicant” means a law enforcement officer who is
 3667  seeking a court order or subpoena under s. 16.56, s. 27.04, s.
 3668  905.185, or s. 914.04 or who is issued a search warrant under s.
 3669  933.01, or anyone who is authorized to issue a subpoena under
 3670  the Florida Rules of Criminal Procedure.
 3671         Section 73. For the purpose of incorporating the amendments
 3672  made by this act to sections 775.21, 943.0435, and 944.607,
 3673  Florida Statutes, in references thereto, subsection (3) of
 3674  section 322.141, Florida Statutes, is reenacted to read:
 3675         322.141 Color or markings of certain licenses or
 3676  identification cards.—
 3677         (3) All licenses for the operation of motor vehicles or
 3678  identification cards originally issued or reissued by the
 3679  department to persons who are designated as sexual predators
 3680  under s. 775.21 or subject to registration as sexual offenders
 3681  under s. 943.0435 or s. 944.607, or who have a similar
 3682  designation or are subject to a similar registration under the
 3683  laws of another jurisdiction, shall have on the front of the
 3684  license or identification card the following:
 3685         (a) For a person designated as a sexual predator under s.
 3686  775.21 or who has a similar designation under the laws of
 3687  another jurisdiction, the marking “SEXUAL PREDATOR.”
 3688         (b) For a person subject to registration as a sexual
 3689  offender under s. 943.0435 or s. 944.607, or subject to a
 3690  similar registration under the laws of another jurisdiction, the
 3691  marking “943.0435, F.S.”
 3692         Section 74. For the purpose of incorporating the amendment
 3693  made by this act to section 775.0877, Florida Statutes, in a
 3694  reference thereto, paragraph (h) of subsection (2) of section
 3695  381.004, Florida Statutes, is reenacted to read:
 3696         381.004 HIV testing.—
 3697         (2) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT;
 3698  RESULTS; COUNSELING; CONFIDENTIALITY.—
 3699         (h) Paragraph (a) does not apply:
 3700         1. When testing for sexually transmissible diseases is
 3701  required by state or federal law, or by rule, including the
 3702  following situations:
 3703         a. HIV testing pursuant to s. 796.08 of persons convicted
 3704  of prostitution or of procuring another to commit prostitution.
 3705         b. HIV testing of inmates pursuant to s. 945.355 before
 3706  their release from prison by reason of parole, accumulation of
 3707  gain-time credits, or expiration of sentence.
 3708         c. Testing for HIV by a medical examiner in accordance with
 3709  s. 406.11.
 3710         d. HIV testing of pregnant women pursuant to s. 384.31.
 3711         2. To those exceptions provided for blood, plasma, organs,
 3712  skin, semen, or other human tissue pursuant to s. 381.0041.
 3713         3. For the performance of an HIV-related test by licensed
 3714  medical personnel in bona fide medical emergencies if the test
 3715  results are necessary for medical diagnostic purposes to provide
 3716  appropriate emergency care or treatment to the person being
 3717  tested and the patient is unable to consent, as supported by
 3718  documentation in the medical record. Notification of test
 3719  results in accordance with paragraph (c) is required.
 3720         4. For the performance of an HIV-related test by licensed
 3721  medical personnel for medical diagnosis of acute illness where,
 3722  in the opinion of the attending physician, providing
 3723  notification would be detrimental to the patient, as supported
 3724  by documentation in the medical record, and the test results are
 3725  necessary for medical diagnostic purposes to provide appropriate
 3726  care or treatment to the person being tested. Notification of
 3727  test results in accordance with paragraph (c) is required if it
 3728  would not be detrimental to the patient. This subparagraph does
 3729  not authorize the routine testing of patients for HIV infection
 3730  without notification.
 3731         5. If HIV testing is performed as part of an autopsy for
 3732  which consent was obtained pursuant to s. 872.04.
 3733         6. For the performance of an HIV test upon a defendant
 3734  pursuant to the victim’s request in a prosecution for any type
 3735  of sexual battery where a blood sample is taken from the
 3736  defendant voluntarily, pursuant to court order for any purpose,
 3737  or pursuant to s. 775.0877, s. 951.27, or s. 960.003; however,
 3738  the results of an HIV test performed shall be disclosed solely
 3739  to the victim and the defendant, except as provided in ss.
 3740  775.0877, 951.27, and 960.003.
 3741         7. If an HIV test is mandated by court order.
 3742         8. For epidemiological research pursuant to s. 381.0031,
 3743  for research consistent with institutional review boards created
 3744  by 45 C.F.R. part 46, or for the performance of an HIV-related
 3745  test for the purpose of research, if the testing is performed in
 3746  a manner by which the identity of the test subject is not known
 3747  and may not be retrieved by the researcher.
 3748         9. If human tissue is collected lawfully without the
 3749  consent of the donor for corneal removal as authorized by s.
 3750  765.5185 or enucleation of the eyes as authorized by s. 765.519.
 3751         10. For the performance of an HIV test upon an individual
 3752  who comes into contact with medical personnel in such a way that
 3753  a significant exposure has occurred during the course of
 3754  employment, within the scope of practice, or during the course
 3755  of providing emergency medical assistance to the individual. The
 3756  term “medical personnel” includes a licensed or certified health
 3757  care professional; an employee of a health care professional or
 3758  health care facility; employees of a laboratory licensed under
 3759  chapter 483; personnel of a blood bank or plasma center; a
 3760  medical student or other student who is receiving training as a
 3761  health care professional at a health care facility; and a
 3762  paramedic or emergency medical technician certified by the
 3763  department to perform life-support procedures under s. 401.23.
 3764         a. The occurrence of a significant exposure shall be
 3765  documented by medical personnel under the supervision of a
 3766  licensed physician and recorded only in the personnel record of
 3767  the medical personnel.
 3768         b. Costs of an HIV test shall be borne by the medical
 3769  personnel or the employer of the medical personnel. However,
 3770  costs of testing or treatment not directly related to the
 3771  initial HIV tests or costs of subsequent testing or treatment
 3772  may not be borne by the medical personnel or the employer of the
 3773  medical personnel.
 3774         c. In order to use the provisions of this subparagraph, the
 3775  medical personnel must be tested for HIV pursuant to this
 3776  section or provide the results of an HIV test taken within 6
 3777  months before the significant exposure if such test results are
 3778  negative.
 3779         d. A person who receives the results of an HIV test
 3780  pursuant to this subparagraph shall maintain the confidentiality
 3781  of the information received and of the persons tested. Such
 3782  confidential information is exempt from s. 119.07(1).
 3783         e. If the source of the exposure is not available and will
 3784  not voluntarily present himself or herself to a health facility
 3785  to be tested for HIV, the medical personnel or the employer of
 3786  such person acting on behalf of the employee may seek a court
 3787  order directing the source of the exposure to submit to HIV
 3788  testing. A sworn statement by a physician licensed under chapter
 3789  458 or chapter 459 that a significant exposure has occurred and
 3790  that, in the physician’s medical judgment, testing is medically
 3791  necessary to determine the course of treatment constitutes
 3792  probable cause for the issuance of an order by the court. The
 3793  results of the test shall be released to the source of the
 3794  exposure and to the person who experienced the exposure.
 3795         11. For the performance of an HIV test upon an individual
 3796  who comes into contact with nonmedical personnel in such a way
 3797  that a significant exposure has occurred while the nonmedical
 3798  personnel provides emergency medical assistance during a medical
 3799  emergency. For the purposes of this subparagraph, a medical
 3800  emergency means an emergency medical condition outside of a
 3801  hospital or health care facility that provides physician care.
 3802  The test may be performed only during the course of treatment
 3803  for the medical emergency.
 3804         a. The occurrence of a significant exposure shall be
 3805  documented by medical personnel under the supervision of a
 3806  licensed physician and recorded in the medical record of the
 3807  nonmedical personnel.
 3808         b. Costs of any HIV test shall be borne by the nonmedical
 3809  personnel or the employer of the nonmedical personnel. However,
 3810  costs of testing or treatment not directly related to the
 3811  initial HIV tests or costs of subsequent testing or treatment
 3812  may not be borne by the nonmedical personnel or the employer of
 3813  the nonmedical personnel.
 3814         c. In order to use the provisions of this subparagraph, the
 3815  nonmedical personnel shall be tested for HIV pursuant to this
 3816  section or shall provide the results of an HIV test taken within
 3817  6 months before the significant exposure if such test results
 3818  are negative.
 3819         d. A person who receives the results of an HIV test
 3820  pursuant to this subparagraph shall maintain the confidentiality
 3821  of the information received and of the persons tested. Such
 3822  confidential information is exempt from s. 119.07(1).
 3823         e. If the source of the exposure is not available and will
 3824  not voluntarily present himself or herself to a health facility
 3825  to be tested for HIV, the nonmedical personnel or the employer
 3826  of the nonmedical personnel acting on behalf of the employee may
 3827  seek a court order directing the source of the exposure to
 3828  submit to HIV testing. A sworn statement by a physician licensed
 3829  under chapter 458 or chapter 459 that a significant exposure has
 3830  occurred and that, in the physician’s medical judgment, testing
 3831  is medically necessary to determine the course of treatment
 3832  constitutes probable cause for the issuance of an order by the
 3833  court. The results of the test shall be released to the source
 3834  of the exposure and to the person who experienced the exposure.
 3835         12. For the performance of an HIV test by the medical
 3836  examiner or attending physician upon an individual who expired
 3837  or could not be resuscitated while receiving emergency medical
 3838  assistance or care and who was the source of a significant
 3839  exposure to medical or nonmedical personnel providing such
 3840  assistance or care.
 3841         a. HIV testing may be conducted only after appropriate
 3842  medical personnel under the supervision of a licensed physician
 3843  documents in the medical record of the medical personnel or
 3844  nonmedical personnel that there has been a significant exposure
 3845  and that, in accordance with the written protocols based on the
 3846  National Centers for Disease Control and Prevention guidelines
 3847  on HIV postexposure prophylaxis and in the physician’s medical
 3848  judgment, the information is medically necessary to determine
 3849  the course of treatment for the medical personnel or nonmedical
 3850  personnel.
 3851         b. Costs of an HIV test performed under this subparagraph
 3852  may not be charged to the deceased or to the family of the
 3853  deceased person.
 3854         c. For this subparagraph to be applicable, the medical
 3855  personnel or nonmedical personnel must be tested for HIV under
 3856  this section or must provide the results of an HIV test taken
 3857  within 6 months before the significant exposure if such test
 3858  results are negative.
 3859         d. A person who receives the results of an HIV test
 3860  pursuant to this subparagraph shall comply with paragraph (e).
 3861         13. For the performance of an HIV-related test medically
 3862  indicated by licensed medical personnel for medical diagnosis of
 3863  a hospitalized infant as necessary to provide appropriate care
 3864  and treatment of the infant if, after a reasonable attempt, a
 3865  parent cannot be contacted to provide consent. The medical
 3866  records of the infant must reflect the reason consent of the
 3867  parent was not initially obtained. Test results shall be
 3868  provided to the parent when the parent is located.
 3869         14. For the performance of HIV testing conducted to monitor
 3870  the clinical progress of a patient previously diagnosed to be
 3871  HIV positive.
 3872         15. For the performance of repeated HIV testing conducted
 3873  to monitor possible conversion from a significant exposure.
 3874         Section 75. For the purpose of incorporating the amendment
 3875  made by this act to section 775.0877, Florida Statutes, in
 3876  references thereto, paragraph (c) of subsection (1) and
 3877  subsection (3) of section 384.29, Florida Statutes, are
 3878  reenacted to read:
 3879         384.29 Confidentiality.—
 3880         (1) All information and records held by the department or
 3881  its authorized representatives relating to known or suspected
 3882  cases of sexually transmissible diseases are strictly
 3883  confidential and exempt from the provisions of s. 119.07(1).
 3884  Such information shall not be released or made public by the
 3885  department or its authorized representatives, or by a court or
 3886  parties to a lawsuit upon revelation by subpoena, except under
 3887  the following circumstances:
 3888         (c) When made to medical personnel, appropriate state
 3889  agencies, public health agencies, or courts of appropriate
 3890  jurisdiction, to enforce the provisions of this chapter or s.
 3891  775.0877 and related rules;
 3892         (3) No employee of the department or its authorized
 3893  representatives shall be examined in a civil, criminal, special,
 3894  or other proceeding as to the existence or contents of pertinent
 3895  records of a person examined or treated for a sexually
 3896  transmissible disease by the department or its authorized
 3897  representatives, or of the existence or contents of such reports
 3898  received from a private physician or private health facility,
 3899  without the consent of the person examined and treated for such
 3900  diseases, except in proceedings under ss. 384.27 and 384.28 or
 3901  involving offenders pursuant to s. 775.0877.
 3902         Section 76. For the purpose of incorporating the amendment
 3903  made by this act to section 39.01, Florida Statutes, in
 3904  references thereto, paragraphs (b) and (e) of subsection (2) of
 3905  section 390.01114, Florida Statutes, are reenacted to read:
 3906         390.01114 Parental Notice of Abortion Act.—
 3907         (2) DEFINITIONS.—As used in this section, the term:
 3908         (b) “Child abuse” means abandonment, abuse, harm, mental
 3909  injury, neglect, physical injury, or sexual abuse of a child as
 3910  those terms are defined in ss. 39.01, 827.04, and 984.03.
 3911         (e) “Sexual abuse” has the meaning ascribed in s. 39.01.
 3912         Section 77. For the purpose of incorporating the amendment
 3913  made by this act to section 39.01, Florida Statutes, in
 3914  references thereto, paragraph (h) of subsection (4) and
 3915  subsections (7) and (9) of section 393.067, Florida Statutes,
 3916  are reenacted to read:
 3917         393.067 Facility licensure.—
 3918         (4) The application shall be under oath and shall contain
 3919  the following:
 3920         (h) Certification that the staff of the facility or program
 3921  will receive training to detect, report, and prevent sexual
 3922  abuse, abuse, neglect, exploitation, and abandonment, as defined
 3923  in ss. 39.01 and 415.102, of residents and clients.
 3924         (7) The agency shall adopt rules establishing minimum
 3925  standards for facilities and programs licensed under this
 3926  section, including rules requiring facilities and programs to
 3927  train staff to detect, report, and prevent sexual abuse, abuse,
 3928  neglect, exploitation, and abandonment, as defined in ss. 39.01
 3929  and 415.102, of residents and clients, minimum standards of
 3930  quality and adequacy of client care, incident reporting
 3931  requirements, and uniform firesafety standards established by
 3932  the State Fire Marshal which are appropriate to the size of the
 3933  facility or of the component centers or units of the program.
 3934         (9) The agency may conduct unannounced inspections to
 3935  determine compliance by foster care facilities, group home
 3936  facilities, residential habilitation centers, and comprehensive
 3937  transitional education programs with the applicable provisions
 3938  of this chapter and the rules adopted pursuant hereto, including
 3939  the rules adopted for training staff of a facility or a program
 3940  to detect, report, and prevent sexual abuse, abuse, neglect,
 3941  exploitation, and abandonment, as defined in ss. 39.01 and
 3942  415.102, of residents and clients. The facility or program shall
 3943  make copies of inspection reports available to the public upon
 3944  request.
 3945         Section 78. For the purpose of incorporating the amendment
 3946  made by this act to section 39.01, Florida Statutes, in a
 3947  reference thereto, paragraph (p) of subsection (4) of section
 3948  394.495, Florida Statutes, is reenacted to read:
 3949         394.495 Child and adolescent mental health system of care;
 3950  programs and services.—
 3951         (4) The array of services may include, but is not limited
 3952  to:
 3953         (p) Trauma-informed services for children who have suffered
 3954  sexual exploitation as defined in s. 39.01(70)(g).
 3955         Section 79. For the purpose of incorporating the amendment
 3956  made by this act to section 943.0435, Florida Statutes, in a
 3957  reference thereto, paragraph (a) of subsection (2) of section
 3958  394.9125, Florida Statutes, is reenacted to read:
 3959         394.9125 State attorney; authority to refer a person for
 3960  civil commitment.—
 3961         (2) A state attorney may refer a person to the department
 3962  for civil commitment proceedings if the person:
 3963         (a) Is required to register as a sexual offender pursuant
 3964  to s. 943.0435;
 3965         Section 80. For the purpose of incorporating the amendments
 3966  made by this act to sections 775.21, 943.0435, and 943.04354,
 3967  Florida Statutes, in references thereto, paragraphs (a) and (c)
 3968  of subsection (2) of section 397.4872, Florida Statutes, are
 3969  reenacted to read:
 3970         397.4872 Exemption from disqualification; publication.—
 3971         (2) The department may exempt a person from ss. 397.487(6)
 3972  and 397.4871(5) if it has been at least 3 years since the person
 3973  has completed or been lawfully released from confinement,
 3974  supervision, or sanction for the disqualifying offense. An
 3975  exemption from the disqualifying offenses may not be given under
 3976  any circumstances for any person who is a:
 3977         (a) Sexual predator pursuant to s. 775.21;
 3978         (c) Sexual offender pursuant to s. 943.0435, unless the
 3979  requirement to register as a sexual offender has been removed
 3980  pursuant to s. 943.04354.
 3981         Section 81. For the purpose of incorporating the amendment
 3982  made by this act to section 39.01, Florida Statutes, in
 3983  references thereto, paragraph (c) of subsection (1) and
 3984  paragraphs (a) and (b) of subsection (6) of section 409.1678,
 3985  Florida Statutes, are reenacted to read:
 3986         409.1678 Specialized residential options for children who
 3987  are victims of sexual exploitation.—
 3988         (1) DEFINITIONS.—As used in this section, the term:
 3989         (c) “Sexually exploited child” means a child who has
 3990  suffered sexual exploitation as defined in s. 39.01(70)(g) and
 3991  is ineligible for relief and benefits under the federal
 3992  Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
 3993         (6) LOCATION INFORMATION.—
 3994         (a) Information about the location of a safe house, safe
 3995  foster home, or other residential facility serving victims of
 3996  sexual exploitation, as defined in s. 39.01(70)(g), which is
 3997  held by an agency, as defined in s. 119.011, is confidential and
 3998  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 3999  Constitution. This exemption applies to such confidential and
 4000  exempt information held by an agency before, on, or after the
 4001  effective date of the exemption.
 4002         (b) Information about the location of a safe house, safe
 4003  foster home, or other residential facility serving victims of
 4004  sexual exploitation, as defined in s. 39.01(70)(g), may be
 4005  provided to an agency, as defined in s. 119.011, as necessary to
 4006  maintain health and safety standards and to address emergency
 4007  situations in the safe house, safe foster home, or other
 4008  residential facility.
 4009         Section 82. For the purpose of incorporating the amendments
 4010  made by this act to sections 775.21, 943.0435, and 943.04354,
 4011  Florida Statutes, in references thereto, paragraph (b) of
 4012  subsection (4) of section 435.07, Florida Statutes, is reenacted
 4013  to read:
 4014         435.07 Exemptions from disqualification.—Unless otherwise
 4015  provided by law, the provisions of this section apply to
 4016  exemptions from disqualification for disqualifying offenses
 4017  revealed pursuant to background screenings required under this
 4018  chapter, regardless of whether those disqualifying offenses are
 4019  listed in this chapter or other laws.
 4020         (4)
 4021         (b) Disqualification from employment under this chapter may
 4022  not be removed from, nor may an exemption be granted to, any
 4023  person who is a:
 4024         1. Sexual predator as designated pursuant to s. 775.21;
 4025         2. Career offender pursuant to s. 775.261; or
 4026         3. Sexual offender pursuant to s. 943.0435, unless the
 4027  requirement to register as a sexual offender has been removed
 4028  pursuant to s. 943.04354.
 4029         Section 83. For the purpose of incorporating the amendment
 4030  made by this act to section 895.02, Florida Statutes, in a
 4031  reference thereto, paragraph (g) of subsection (3) of section
 4032  655.50, Florida Statutes, is reenacted to read:
 4033         655.50 Florida Control of Money Laundering and Terrorist
 4034  Financing in Financial Institutions Act.—
 4035         (3) As used in this section, the term:
 4036         (g) “Specified unlawful activity” means “racketeering
 4037  activity” as defined in s. 895.02.
 4038         Section 84. For the purpose of incorporating the amendment
 4039  made by this act to section 784.046, Florida Statutes, in a
 4040  reference thereto, paragraph (e) of subsection (1) of section
 4041  741.313, Florida Statutes, is reenacted to read:
 4042         741.313 Unlawful action against employees seeking
 4043  protection.—
 4044         (1) As used in this section, the term:
 4045         (e) “Sexual violence” means sexual violence, as defined in
 4046  s. 784.046, or any crime the underlying factual basis of which
 4047  has been found by a court to include an act of sexual violence.
 4048         Section 85. For the purpose of incorporating the amendment
 4049  made by this act to section 947.1405, Florida Statutes, in a
 4050  reference thereto, paragraph (j) of subsection (4) of section
 4051  775.084, Florida Statutes, is reenacted to read:
 4052         775.084 Violent career criminals; habitual felony offenders
 4053  and habitual violent felony offenders; three-time violent felony
 4054  offenders; definitions; procedure; enhanced penalties or
 4055  mandatory minimum prison terms.—
 4056         (4)
 4057         (j) The provisions of s. 947.1405 shall apply to persons
 4058  sentenced as habitual felony offenders and persons sentenced as
 4059  habitual violent felony offenders.
 4060         Section 86. For the purpose of incorporating the amendment
 4061  made by this act to section 943.0435, Florida Statutes, in a
 4062  reference thereto, subsection (2) of section 775.0862, Florida
 4063  Statutes, is reenacted to read:
 4064         775.0862 Sexual offenses against students by authority
 4065  figures; reclassification.—
 4066         (2) The felony degree of a violation of an offense listed
 4067  in s. 943.0435(1)(h)1.a., unless the offense is a violation of
 4068  s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified
 4069  as provided in this section if the offense is committed by an
 4070  authority figure of a school against a student of the school.
 4071         Section 87. For the purpose of incorporating the amendments
 4072  made by this act to sections 775.21, 943.0435, and 944.607,
 4073  Florida Statutes, in references thereto, paragraphs (e) and (f)
 4074  of subsection (4) of section 775.13, Florida Statutes, are
 4075  reenacted to read:
 4076         775.13 Registration of convicted felons, exemptions;
 4077  penalties.—
 4078         (4) This section does not apply to an offender:
 4079         (e) Who is a sexual predator and has registered as required
 4080  under s. 775.21;
 4081         (f) Who is a sexual offender and has registered as required
 4082  in s. 943.0435 or s. 944.607; or
 4083         Section 88. For the purpose of incorporating the amendments
 4084  made by this act to sections 943.0435, 944.607, 947.1405, and
 4085  948.30, Florida Statutes, in references thereto, paragraph (b)
 4086  of subsection (3), paragraph (d) of subsection (5), paragraph
 4087  (f) of subsection (6), and paragraph (c) of subsection (10) of
 4088  section 775.21, Florida Statutes, are reenacted to read:
 4089         775.21 The Florida Sexual Predators Act.—
 4090         (3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE INTENT.—
 4091         (b) The high level of threat that a sexual predator
 4092  presents to the public safety, and the long-term effects
 4093  suffered by victims of sex offenses, provide the state with
 4094  sufficient justification to implement a strategy that includes:	
 4095         1. Incarcerating sexual predators and maintaining adequate
 4096  facilities to ensure that decisions to release sexual predators
 4097  into the community are not made on the basis of inadequate
 4098  space.
 4099         2. Providing for specialized supervision of sexual
 4100  predators who are in the community by specially trained
 4101  probation officers with low caseloads, as described in ss.
 4102  947.1405(7) and 948.30. The sexual predator is subject to
 4103  specified terms and conditions implemented at sentencing or at
 4104  the time of release from incarceration, with a requirement that
 4105  those who are financially able must pay all or part of the costs
 4106  of supervision.
 4107         3. Requiring the registration of sexual predators, with a
 4108  requirement that complete and accurate information be maintained
 4109  and accessible for use by law enforcement authorities,
 4110  communities, and the public.
 4111         4. Providing for community and public notification
 4112  concerning the presence of sexual predators.
 4113         5. Prohibiting sexual predators from working with children,
 4114  either for compensation or as a volunteer.
 4115         (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
 4116  as a sexual predator as follows:
 4117         (d) A person who establishes or maintains a residence in
 4118  this state and who has not been designated as a sexual predator
 4119  by a court of this state but who has been designated as a sexual
 4120  predator, as a sexually violent predator, or by another sexual
 4121  offender designation in another state or jurisdiction and was,
 4122  as a result of such designation, subjected to registration or
 4123  community or public notification, or both, or would be if the
 4124  person was a resident of that state or jurisdiction, without
 4125  regard to whether the person otherwise meets the criteria for
 4126  registration as a sexual offender, shall register in the manner
 4127  provided in s. 943.0435 or s. 944.607 and shall be subject to
 4128  community and public notification as provided in s. 943.0435 or
 4129  s. 944.607. A person who meets the criteria of this section is
 4130  subject to the requirements and penalty provisions of s.
 4131  943.0435 or s. 944.607 until the person provides the department
 4132  with an order issued by the court that designated the person as
 4133  a sexual predator, as a sexually violent predator, or by another
 4134  sexual offender designation in the state or jurisdiction in
 4135  which the order was issued which states that such designation
 4136  has been removed or demonstrates to the department that such
 4137  designation, if not imposed by a court, has been removed by
 4138  operation of law or court order in the state or jurisdiction in
 4139  which the designation was made, and provided such person no
 4140  longer meets the criteria for registration as a sexual offender
 4141  under the laws of this state.
 4142         (6) REGISTRATION.—
 4143         (f) Within 48 hours after the registration required under
 4144  paragraph (a) or paragraph (e), a sexual predator who is not
 4145  incarcerated and who resides in the community, including a
 4146  sexual predator under the supervision of the Department of
 4147  Corrections, shall register in person at a driver license office
 4148  of the Department of Highway Safety and Motor Vehicles and shall
 4149  present proof of registration unless a driver license or an
 4150  identification card that complies with the requirements of s.
 4151  322.141(3) was previously secured or updated under s. 944.607.
 4152  At the driver license office the sexual predator shall:
 4153         1. If otherwise qualified, secure a Florida driver license,
 4154  renew a Florida driver license, or secure an identification
 4155  card. The sexual predator shall identify himself or herself as a
 4156  sexual predator who is required to comply with this section,
 4157  provide his or her place of permanent, temporary, or transient
 4158  residence, including a rural route address and a post office
 4159  box, and submit to the taking of a photograph for use in issuing
 4160  a driver license, a renewed license, or an identification card,
 4161  and for use by the department in maintaining current records of
 4162  sexual predators. A post office box may not be provided in lieu
 4163  of a physical residential address. If the sexual predator’s
 4164  place of residence is a motor vehicle, trailer, mobile home, or
 4165  manufactured home, as defined in chapter 320, the sexual
 4166  predator shall also provide to the Department of Highway Safety
 4167  and Motor Vehicles the vehicle identification number; the
 4168  license tag number; the registration number; and a description,
 4169  including color scheme, of the motor vehicle, trailer, mobile
 4170  home, or manufactured home. If a sexual predator’s place of
 4171  residence is a vessel, live-aboard vessel, or houseboat, as
 4172  defined in chapter 327, the sexual predator shall also provide
 4173  to the Department of Highway Safety and Motor Vehicles the hull
 4174  identification number; the manufacturer’s serial number; the
 4175  name of the vessel, live-aboard vessel, or houseboat; the
 4176  registration number; and a description, including color scheme,
 4177  of the vessel, live-aboard vessel, or houseboat.
 4178         2. Pay the costs assessed by the Department of Highway
 4179  Safety and Motor Vehicles for issuing or renewing a driver
 4180  license or an identification card as required by this section.
 4181  The driver license or identification card issued to the sexual
 4182  predator must comply with s. 322.141(3).
 4183         3. Provide, upon request, any additional information
 4184  necessary to confirm the identity of the sexual predator,
 4185  including a set of fingerprints.
 4186         (10) PENALTIES.—
 4187         (c) Any person who misuses public records information
 4188  relating to a sexual predator, as defined in this section, or a
 4189  sexual offender, as defined in s. 943.0435 or s. 944.607, to
 4190  secure a payment from such a predator or offender; who knowingly
 4191  distributes or publishes false information relating to such a
 4192  predator or offender which the person misrepresents as being
 4193  public records information; or who materially alters public
 4194  records information with the intent to misrepresent the
 4195  information, including documents, summaries of public records
 4196  information provided by law enforcement agencies, or public
 4197  records information displayed by law enforcement agencies on
 4198  websites or provided through other means of communication,
 4199  commits a misdemeanor of the first degree, punishable as
 4200  provided in s. 775.082 or s. 775.083.
 4201         Section 89. For the purpose of incorporating the amendments
 4202  made by this act to section 943.0435, 944.606, and 944.607,
 4203  Florida Statutes, in references thereto, subsection (2) of
 4204  section 775.24, Florida Statutes, is reenacted to read:
 4205         775.24 Duty of the court to uphold laws governing sexual
 4206  predators and sexual offenders.—
 4207         (2) If a person meets the criteria in this chapter for
 4208  designation as a sexual predator or meets the criteria in s.
 4209  943.0435, s. 944.606, s. 944.607, or any other law for
 4210  classification as a sexual offender, the court may not enter an
 4211  order, for the purpose of approving a plea agreement or for any
 4212  other reason, which:
 4213         (a) Exempts a person who meets the criteria for designation
 4214  as a sexual predator or classification as a sexual offender from
 4215  such designation or classification, or exempts such person from
 4216  the requirements for registration or community and public
 4217  notification imposed upon sexual predators and sexual offenders;
 4218         (b) Restricts the compiling, reporting, or release of
 4219  public records information that relates to sexual predators or
 4220  sexual offenders; or
 4221         (c) Prevents any person or entity from performing its
 4222  duties or operating within its statutorily conferred authority
 4223  as such duty or authority relates to sexual predators or sexual
 4224  offenders.
 4225         Section 90. For the purpose of incorporating the amendments
 4226  made by this act to sections 775.21, 943.0435, 944.606, and
 4227  944.607, Florida Statutes, in references thereto, section
 4228  775.25, Florida Statutes, is reenacted to read:
 4229         775.25 Prosecutions for acts or omissions.—A sexual
 4230  predator or sexual offender who commits any act or omission in
 4231  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
 4232  944.607, or former s. 947.177 may be prosecuted for the act or
 4233  omission in the county in which the act or omission was
 4234  committed, in the county of the last registered address of the
 4235  sexual predator or sexual offender, in the county in which the
 4236  conviction occurred for the offense or offenses that meet the
 4237  criteria for designating a person as a sexual predator or sexual
 4238  offender, in the county where the sexual predator or sexual
 4239  offender was released from incarceration, or in the county of
 4240  the intended address of the sexual predator or sexual offender
 4241  as reported by the predator or offender prior to his or her
 4242  release from incarceration. In addition, a sexual predator may
 4243  be prosecuted for any such act or omission in the county in
 4244  which he or she was designated a sexual predator.
 4245         Section 91. For the purpose of incorporating the amendments
 4246  made by this act to sections 775.21, 943.0435, and 944.607,
 4247  Florida Statutes, in references thereto, paragraph (b) of
 4248  subsection (3) of section 775.261, Florida Statutes, is
 4249  reenacted to read:
 4250         775.261 The Florida Career Offender Registration Act.—
 4251         (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
 4252         (b) This section does not apply to any person who has been
 4253  designated as a sexual predator and required to register under
 4254  s. 775.21 or who is required to register as a sexual offender
 4255  under s. 943.0435 or s. 944.607. However, if a person is no
 4256  longer required to register as a sexual predator under s. 775.21
 4257  or as a sexual offender under s. 943.0435 or s. 944.607, the
 4258  person must register as a career offender under this section if
 4259  the person is otherwise designated as a career offender as
 4260  provided in this section.
 4261         Section 92. For the purpose of incorporating the amendment
 4262  made by this act to section 847.001, Florida Statutes, in a
 4263  reference thereto, paragraph (d) of subsection (2) of section
 4264  784.049, Florida Statutes, is reenacted to read:
 4265         784.049 Sexual cyberharassment.—
 4266         (2) As used in this section, the term:
 4267         (d) “Sexually explicit image” means any image depicting
 4268  nudity, as defined in s. 847.001, or depicting a person engaging
 4269  in sexual conduct, as defined in s. 847.001.
 4270         Section 93. For the purpose of incorporating the amendment
 4271  made by this act to section 794.0115, Florida Statutes, in
 4272  references thereto, paragraph (a) of subsection (2) and
 4273  subsections (3), (4), and (5) of section 794.011, Florida
 4274  Statutes, are reenacted to read:
 4275         794.011 Sexual battery.—
 4276         (2)(a) A person 18 years of age or older who commits sexual
 4277  battery upon, or in an attempt to commit sexual battery injures
 4278  the sexual organs of, a person less than 12 years of age commits
 4279  a capital felony, punishable as provided in ss. 775.082 and
 4280  921.141.
 4281         (3) A person who commits sexual battery upon a person 12
 4282  years of age or older, without that person’s consent, and in the
 4283  process thereof uses or threatens to use a deadly weapon or uses
 4284  actual physical force likely to cause serious personal injury
 4285  commits a life felony, punishable as provided in s. 775.082, s.
 4286  775.083, s. 775.084, or s. 794.0115.
 4287         (4)(a) A person 18 years of age or older who commits sexual
 4288  battery upon a person 12 years of age or older but younger than
 4289  18 years of age without that person’s consent, under any of the
 4290  circumstances listed in paragraph (e), commits a felony of the
 4291  first degree, punishable by a term of years not exceeding life
 4292  or as provided in s. 775.082, s. 775.083, s. 775.084, or s.
 4293  794.0115.
 4294         (b) A person 18 years of age or older who commits sexual
 4295  battery upon a person 18 years of age or older without that
 4296  person’s consent, under any of the circumstances listed in
 4297  paragraph (e), commits a felony of the first degree, punishable
 4298  as provided in s. 775.082, s. 775.083, s. 775.084, or s.
 4299  794.0115.
 4300         (c) A person younger than 18 years of age who commits
 4301  sexual battery upon a person 12 years of age or older without
 4302  that person’s consent, under any of the circumstances listed in
 4303  paragraph (e), commits a felony of the first degree, punishable
 4304  as provided in s. 775.082, s. 775.083, s. 775.084, or s.
 4305  794.0115.
 4306         (d) A person commits a felony of the first degree,
 4307  punishable by a term of years not exceeding life or as provided
 4308  in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the
 4309  person commits sexual battery upon a person 12 years of age or
 4310  older without that person’s consent, under any of the
 4311  circumstances listed in paragraph (e), and such person was
 4312  previously convicted of a violation of:
 4313         1. Section 787.01(2) or s. 787.02(2) when the violation
 4314  involved a victim who was a minor and, in the course of
 4315  committing that violation, the defendant committed against the
 4316  minor a sexual battery under this chapter or a lewd act under s.
 4317  800.04 or s. 847.0135(5);
 4318         2. Section 787.01(3)(a)2. or 3.;
 4319         3. Section 787.02(3)(a)2. or 3.;
 4320         4. Section 800.04;
 4321         5. Section 825.1025;
 4322         6. Section 847.0135(5); or
 4323         7. This chapter, excluding subsection (10) of this section.
 4324         (e) The following circumstances apply to paragraphs (a)
 4325  (d):
 4326         1. The victim is physically helpless to resist.
 4327         2. The offender coerces the victim to submit by threatening
 4328  to use force or violence likely to cause serious personal injury
 4329  on the victim, and the victim reasonably believes that the
 4330  offender has the present ability to execute the threat.
 4331         3. The offender coerces the victim to submit by threatening
 4332  to retaliate against the victim, or any other person, and the
 4333  victim reasonably believes that the offender has the ability to
 4334  execute the threat in the future.
 4335         4. The offender, without the prior knowledge or consent of
 4336  the victim, administers or has knowledge of someone else
 4337  administering to the victim any narcotic, anesthetic, or other
 4338  intoxicating substance that mentally or physically incapacitates
 4339  the victim.
 4340         5. The victim is mentally defective, and the offender has
 4341  reason to believe this or has actual knowledge of this fact.
 4342         6. The victim is physically incapacitated.
 4343         7. The offender is a law enforcement officer, correctional
 4344  officer, or correctional probation officer as defined in s.
 4345  943.10(1), (2), (3), (6), (7), (8), or (9), who is certified
 4346  under s. 943.1395 or is an elected official exempt from such
 4347  certification by virtue of s. 943.253, or any other person in a
 4348  position of control or authority in a probation, community
 4349  control, controlled release, detention, custodial, or similar
 4350  setting, and such officer, official, or person is acting in such
 4351  a manner as to lead the victim to reasonably believe that the
 4352  offender is in a position of control or authority as an agent or
 4353  employee of government.
 4354         (5)(a) A person 18 years of age or older who commits sexual
 4355  battery upon a person 12 years of age or older but younger than
 4356  18 years of age, without that person’s consent, and in the
 4357  process does not use physical force and violence likely to cause
 4358  serious personal injury commits a felony of the first degree,
 4359  punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
 4360  s. 794.0115.
 4361         (b) A person 18 years of age or older who commits sexual
 4362  battery upon a person 18 years of age or older, without that
 4363  person’s consent, and in the process does not use physical force
 4364  and violence likely to cause serious personal injury commits a
 4365  felony of the second degree, punishable as provided in s.
 4366  775.082, s. 775.083, s. 775.084, or s. 794.0115.
 4367         (c) A person younger than 18 years of age who commits
 4368  sexual battery upon a person 12 years of age or older, without
 4369  that person’s consent, and in the process does not use physical
 4370  force and violence likely to cause serious personal injury
 4371  commits a felony of the second degree, punishable as provided in
 4372  s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
 4373         (d) A person commits a felony of the first degree,
 4374  punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
 4375  s. 794.0115 if the person commits sexual battery upon a person
 4376  12 years of age or older, without that person’s consent, and in
 4377  the process does not use physical force and violence likely to
 4378  cause serious personal injury and the person was previously
 4379  convicted of a violation of:
 4380         1. Section 787.01(2) or s. 787.02(2) when the violation
 4381  involved a victim who was a minor and, in the course of
 4382  committing that violation, the defendant committed against the
 4383  minor a sexual battery under this chapter or a lewd act under s.
 4384  800.04 or s. 847.0135(5);
 4385         2. Section 787.01(3)(a)2. or 3.;
 4386         3. Section 787.02(3)(a)2. or 3.;
 4387         4. Section 800.04;
 4388         5. Section 825.1025;
 4389         6. Section 847.0135(5); or
 4390         7. This chapter, excluding subsection (10) of this section.
 4391         Section 94. For the purpose of incorporating the amendment
 4392  made by this act to section 92.56, Florida Statutes, in a
 4393  reference thereto, section 794.03, Florida Statutes, is
 4394  reenacted to read:
 4395         794.03 Unlawful to publish or broadcast information
 4396  identifying sexual offense victim.—No person shall print,
 4397  publish, or broadcast, or cause or allow to be printed,
 4398  published, or broadcast, in any instrument of mass communication
 4399  the name, address, or other identifying fact or information of
 4400  the victim of any sexual offense within this chapter, except as
 4401  provided in s. 119.071(2)(h) or unless the court determines that
 4402  such information is no longer confidential and exempt pursuant
 4403  to s. 92.56. An offense under this section shall constitute a
 4404  misdemeanor of the second degree, punishable as provided in s.
 4405  775.082 or s. 775.083.
 4406         Section 95. For the purpose of incorporating the amendment
 4407  made by this act to section 775.21, Florida Statutes, in a
 4408  reference thereto, subsection (1) of section 794.075, Florida
 4409  Statutes, is reenacted to read:
 4410         794.075 Sexual predators; erectile dysfunction drugs.—
 4411         (1) A person may not possess a prescription drug, as
 4412  defined in s. 499.003(40), for the purpose of treating erectile
 4413  dysfunction if the person is designated as a sexual predator
 4414  under s. 775.21.
 4415         Section 96. For the purpose of incorporating the amendment
 4416  made by this act to section 960.03, Florida Statutes, in
 4417  references thereto, paragraph (b) of subsection (1) and
 4418  subsections (2) and (3) of section 847.002, Florida Statutes,
 4419  are reenacted to read:
 4420         847.002 Child pornography prosecutions.—
 4421         (1) Any law enforcement officer who, pursuant to a criminal
 4422  investigation, recovers images or movies of child pornography
 4423  shall:
 4424         (b) Request the law enforcement agency contact information
 4425  from the Child Victim Identification Program for any images or
 4426  movies recovered which contain an identified victim of child
 4427  pornography as defined in s. 960.03.
 4428         (2) Any law enforcement officer submitting a case for
 4429  prosecution which involves the production, promotion, or
 4430  possession of child pornography shall submit to the designated
 4431  prosecutor the law enforcement agency contact information
 4432  provided by the Child Victim Identification Program at the
 4433  National Center for Missing and Exploited Children, for any
 4434  images or movies involved in the case which contain the
 4435  depiction of an identified victim of child pornography as
 4436  defined in s. 960.03.
 4437         (3) In every filed case involving an identified victim of
 4438  child pornography, as defined in s. 960.03, the prosecuting
 4439  agency shall enter the following information into the Victims in
 4440  Child Pornography Tracking Repeat Exploitation database
 4441  maintained by the Office of the Attorney General:
 4442         (a) The case number and agency file number.
 4443         (b) The named defendant.
 4444         (c) The circuit court division and county.
 4445         (d) Current court dates and the status of the case.
 4446         (e) Contact information for the prosecutor assigned.
 4447         (f) Verification that the prosecutor is or is not in
 4448  possession of a victim impact statement and will use the
 4449  statement in sentencing.
 4450         Section 97. For the purpose of incorporating the amendment
 4451  made by this act to section 847.001, Florida Statutes, in a
 4452  reference thereto, paragraph (b) of subsection (3) of section
 4453  847.012, Florida Statutes, is reenacted to read:
 4454         847.012 Harmful materials; sale or distribution to minors
 4455  or using minors in production prohibited; penalty.—
 4456         (3) A person may not knowingly sell, rent, or loan for
 4457  monetary consideration to a minor:
 4458         (b) Any book, pamphlet, magazine, printed matter however
 4459  reproduced, or sound recording that contains any matter defined
 4460  in s. 847.001, explicit and detailed verbal descriptions or
 4461  narrative accounts of sexual excitement, or sexual conduct and
 4462  that is harmful to minors.
 4463         Section 98. For the purpose of incorporating the amendment
 4464  made by this act to section 92.56, Florida Statutes, in a
 4465  reference thereto, subsection (3) of section 847.01357, Florida
 4466  Statutes, is reenacted to read:
 4467         847.01357 Exploited children’s civil remedy.—
 4468         (3) Any victim who has a bona fide claim under this section
 4469  shall, upon request, be provided a pseudonym, pursuant to s.
 4470  92.56(3), which shall be issued and maintained by the Department
 4471  of Legal Affairs for use in all legal pleadings. This identifier
 4472  shall be fully recognized in all courts in this state as a valid
 4473  legal identity.
 4474         Section 99. For the purpose of incorporating the amendment
 4475  made by this act to section 847.001, Florida Statutes, in a
 4476  reference thereto, subsections (2) and (3) of section 847.0138,
 4477  Florida Statutes, are reenacted to read:
 4478         847.0138 Transmission of material harmful to minors to a
 4479  minor by electronic device or equipment prohibited; penalties.—
 4480         (2) Notwithstanding ss. 847.012 and 847.0133, any person
 4481  who knew or believed that he or she was transmitting an image,
 4482  information, or data that is harmful to minors, as defined in s.
 4483  847.001, to a specific individual known by the defendant to be a
 4484  minor commits a felony of the third degree, punishable as
 4485  provided in s. 775.082, s. 775.083, or s. 775.084.
 4486         (3) Notwithstanding ss. 847.012 and 847.0133, any person in
 4487  any jurisdiction other than this state who knew or believed that
 4488  he or she was transmitting an image, information, or data that
 4489  is harmful to minors, as defined in s. 847.001, to a specific
 4490  individual known by the defendant to be a minor commits a felony
 4491  of the third degree, punishable as provided in s. 775.082, s.
 4492  775.083, or s. 775.084.
 4493  
 4494  The provisions of this section do not apply to subscription
 4495  based transmissions such as list servers.
 4496         Section 100. For the purpose of incorporating the
 4497  amendments made by this act to sections 16.56 and 895.02,
 4498  Florida Statutes, in references thereto, paragraph (g) of
 4499  subsection (2) and subsection (10) of section 896.101, Florida
 4500  Statutes, are reenacted to read:
 4501         896.101 Florida Money Laundering Act; definitions;
 4502  penalties; injunctions; seizure warrants; immunity.—
 4503         (2) As used in this section, the term:
 4504         (g) “Specified unlawful activity” means any “racketeering
 4505  activity” as defined in s. 895.02.
 4506         (10) Any financial institution, licensed money services
 4507  business, or other person served with and complying with the
 4508  terms of a warrant, temporary injunction, or other court order,
 4509  including any subpoena issued under s. 16.56 or s. 27.04,
 4510  obtained in furtherance of an investigation of any crime in this
 4511  section, including any crime listed as specified unlawful
 4512  activity under this section or any felony violation of chapter
 4513  560, has immunity from criminal liability and is not liable to
 4514  any person for any lawful action taken in complying with the
 4515  warrant, temporary injunction, or other court order, including
 4516  any subpoena issued under s. 16.56 or s. 27.04. If any subpoena
 4517  issued under s. 16.56 or s. 27.04 contains a nondisclosure
 4518  provision, any financial institution, licensed money services
 4519  business, employee or officer of a financial institution or
 4520  licensed money services business, or any other person may not
 4521  notify, directly or indirectly, any customer of that financial
 4522  institution or money services business whose records are being
 4523  sought by the subpoena, or any other person named in the
 4524  subpoena, about the existence or the contents of that subpoena
 4525  or about information that has been furnished to the state
 4526  attorney or statewide prosecutor who issued the subpoena or
 4527  other law enforcement officer named in the subpoena in response
 4528  to the subpoena.
 4529         Section 101. For the purpose of incorporating the
 4530  amendments made by this act to sections 775.21 and 948.06,
 4531  Florida Statutes, in references thereto, paragraphs (b) and (c)
 4532  of subsection (1) of section 903.0351, Florida Statutes, are
 4533  reenacted to read:
 4534         903.0351 Restrictions on pretrial release pending
 4535  probation-violation hearing or community-control-violation
 4536  hearing.—
 4537         (1) In the instance of an alleged violation of felony
 4538  probation or community control, bail or any other form of
 4539  pretrial release shall not be granted prior to the resolution of
 4540  the probation-violation hearing or the community-control
 4541  violation hearing to:
 4542         (b) A person who is on felony probation or community
 4543  control for any offense committed on or after the effective date
 4544  of this act and who is arrested for a qualifying offense as
 4545  defined in s. 948.06(8)(c); or
 4546         (c) A person who is on felony probation or community
 4547  control and has previously been found by a court to be a
 4548  habitual violent felony offender as defined in s. 775.084(1)(b),
 4549  a three-time violent felony offender as defined in s.
 4550  775.084(1)(c), or a sexual predator under s. 775.21, and who is
 4551  arrested for committing a qualifying offense as defined in s.
 4552  948.06(8)(c) on or after the effective date of this act.
 4553         Section 102. For the purpose of incorporating the
 4554  amendments made by this act to sections 775.21 and 943.0435,
 4555  Florida Statutes, in references thereto, paragraph (m) of
 4556  subsection (2) of section 903.046, Florida Statutes, is
 4557  reenacted to read:
 4558         903.046 Purpose of and criteria for bail determination.—
 4559         (2) When determining whether to release a defendant on bail
 4560  or other conditions, and what that bail or those conditions may
 4561  be, the court shall consider:
 4562         (m) Whether the defendant, other than a defendant whose
 4563  only criminal charge is a misdemeanor offense under chapter 316,
 4564  is required to register as a sexual offender under s. 943.0435
 4565  or a sexual predator under s. 775.21; and, if so, he or she is
 4566  not eligible for release on bail or surety bond until the first
 4567  appearance on the case in order to ensure the full participation
 4568  of the prosecutor and the protection of the public.
 4569         Section 103. For the purpose of incorporating the amendment
 4570  made by this act to section 895.02, Florida Statutes, in a
 4571  reference thereto, subsection (3) of section 905.34, Florida
 4572  Statutes, is reenacted to read:
 4573         905.34 Powers and duties; law applicable.—The jurisdiction
 4574  of a statewide grand jury impaneled under this chapter shall
 4575  extend throughout the state. The subject matter jurisdiction of
 4576  the statewide grand jury shall be limited to the offenses of:
 4577         (3) Any violation of the provisions of the Florida RICO
 4578  (Racketeer Influenced and Corrupt Organization) Act, including
 4579  any offense listed in the definition of racketeering activity in
 4580  s. 895.02(8)(a), providing such listed offense is investigated
 4581  in connection with a violation of s. 895.03 and is charged in a
 4582  separate count of an information or indictment containing a
 4583  count charging a violation of s. 895.03, the prosecution of
 4584  which listed offense may continue independently if the
 4585  prosecution of the violation of s. 895.03 is terminated for any
 4586  reason;
 4587  
 4588  or any attempt, solicitation, or conspiracy to commit any
 4589  violation of the crimes specifically enumerated above, when any
 4590  such offense is occurring, or has occurred, in two or more
 4591  judicial circuits as part of a related transaction or when any
 4592  such offense is connected with an organized criminal conspiracy
 4593  affecting two or more judicial circuits. The statewide grand
 4594  jury may return indictments and presentments irrespective of the
 4595  county or judicial circuit where the offense is committed or
 4596  triable. If an indictment is returned, it shall be certified and
 4597  transferred for trial to the county where the offense was
 4598  committed. The powers and duties of, and law applicable to,
 4599  county grand juries shall apply to a statewide grand jury except
 4600  when such powers, duties, and law are inconsistent with the
 4601  provisions of ss. 905.31-905.40.
 4602         Section 104. For the purpose of incorporating the
 4603  amendments made by this act to sections 775.21 and 847.0135,
 4604  Florida Statutes, in references thereto, paragraph (g) of
 4605  subsection (3) of section 921.0022, Florida Statutes, is
 4606  reenacted to read:
 4607         921.0022 Criminal Punishment Code; offense severity ranking
 4608  chart.—
 4609         (3) OFFENSE SEVERITY RANKING CHART
 4610         (g) LEVEL 7
 4611  
 4612  
 4613  FloridaStatute    FelonyDegree           Description            
 4614  316.027(2)(c)        1st   Accident involving death, failure to stop; leaving scene.
 4615  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
 4616  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.
 4617  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
 4618  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 4619  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
 4620  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
 4621  456.065(2)           3rd   Practicing a health care profession without a license.
 4622  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
 4623  458.327(1)           3rd   Practicing medicine without a license.
 4624  459.013(1)           3rd   Practicing osteopathic medicine without a license.
 4625  460.411(1)           3rd   Practicing chiropractic medicine without a license.
 4626  461.012(1)           3rd   Practicing podiatric medicine without a license.
 4627  462.17               3rd   Practicing naturopathy without a license.
 4628  463.015(1)           3rd   Practicing optometry without a license.
 4629  464.016(1)           3rd   Practicing nursing without a license.
 4630  465.015(2)           3rd   Practicing pharmacy without a license.
 4631  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
 4632  467.201              3rd   Practicing midwifery without a license.
 4633  468.366              3rd   Delivering respiratory care services without a license.
 4634  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
 4635  483.901(7)           3rd   Practicing medical physics without a license.
 4636  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
 4637  484.053              3rd   Dispensing hearing aids without a license.
 4638  494.0018(2)          1st   Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 4639  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.
 4640  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 4641  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 4642  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 4643  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
 4644  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 4645  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 4646  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 4647  782.071              2nd   Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 4648  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 4649  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
 4650  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
 4651  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
 4652  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
 4653  784.048(7)           3rd   Aggravated stalking; violation of court order.
 4654  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
 4655  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
 4656  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
 4657  784.081(1)           1st   Aggravated battery on specified official or employee.
 4658  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
 4659  784.083(1)           1st   Aggravated battery on code inspector.
 4660  787.06(3)(a)2.       1st   Human trafficking using coercion for labor and services of an adult.
 4661  787.06(3)(e)2.       1st   Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
 4662  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 4663  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
 4664  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
 4665  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 4666  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 4667  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 4668  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 4669  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.
 4670  796.05(1)            1st   Live on earnings of a prostitute; 2nd offense.
 4671  796.05(1)            1st   Live on earnings of a prostitute; 3rd and subsequent offense.
 4672  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 4673  800.04(5)(c)2.       2nd   Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
 4674  800.04(5)(e)         1st   Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
 4675  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
 4676  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
 4677  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
 4678  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
 4679  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
 4680  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.
 4681  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 4682  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
 4683  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
 4684  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
 4685  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 4686  812.131(2)(a)        2nd   Robbery by sudden snatching.      
 4687  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
 4688  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
 4689  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
 4690  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
 4691  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
 4692  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.
 4693  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
 4694  817.611(2)(b)        2nd   Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
 4695  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 4696  825.103(3)(b)        2nd   Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
 4697  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
 4698  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
 4699  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
 4700  838.015              2nd   Bribery.                          
 4701  838.016              2nd   Unlawful compensation or reward for official behavior.
 4702  838.021(3)(a)        2nd   Unlawful harm to a public servant.
 4703  838.22               2nd   Bid tampering.                    
 4704  843.0855(2)          3rd   Impersonation of a public officer or employee.
 4705  843.0855(3)          3rd   Unlawful simulation of legal process.
 4706  843.0855(4)          3rd   Intimidation of a public officer or employee.
 4707  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
 4708  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
 4709  872.06               2nd   Abuse of a dead human body.       
 4710  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 4711  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 4712  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.
 4713  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.
 4714  893.13(4)(a)         1st   Use or hire of minor; deliver to minor other controlled substance.
 4715  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 4716  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
 4717  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 4718  893.135 (1)(c)2.a.   1st   Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 4719  893.135 (1)(c)2.b.   1st   Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 4720  893.135 (1)(c)3.a.   1st   Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 4721  893.135 (1)(c)3.b.   1st   Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 4722  893.135(1)(d)1.      1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 4723  893.135(1)(e)1.      1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 4724  893.135(1)(f)1.      1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 4725  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 4726  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 4727  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 4728  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 4729  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
 4730  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
 4731  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 4732  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 4733  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 4734  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
 4735  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 4736  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 4737  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
 4738  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 4739  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 4740  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 4741  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 4742  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 4743  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 4744         Section 105. For the purpose of incorporating the amendment
 4745  made by this act to section 775.21, Florida Statutes, in a
 4746  reference thereto, paragraph (o) of subsection (6) of section
 4747  921.141, Florida Statutes, is reenacted to read:
 4748         921.141 Sentence of death or life imprisonment for capital
 4749  felonies; further proceedings to determine sentence.—
 4750         (6) AGGRAVATING FACTORS.—Aggravating factors shall be
 4751  limited to the following:
 4752         (o) The capital felony was committed by a person designated
 4753  as a sexual predator pursuant to s. 775.21 or a person
 4754  previously designated as a sexual predator who had the sexual
 4755  predator designation removed.
 4756         Section 106. For the purpose of incorporating the amendment
 4757  made by this act to section 948.013, Florida Statutes, in a
 4758  reference thereto, paragraph (n) of subsection (1) of section
 4759  921.187, Florida Statutes, is reenacted to read:
 4760         921.187 Disposition and sentencing; alternatives;
 4761  restitution.—
 4762         (1) The alternatives provided in this section for the
 4763  disposition of criminal cases shall be used in a manner that
 4764  will best serve the needs of society, punish criminal offenders,
 4765  and provide the opportunity for rehabilitation. If the offender
 4766  does not receive a state prison sentence, the court may:
 4767         (n) Impose split probation whereby upon satisfactory
 4768  completion of half the term of probation, the Department of
 4769  Corrections may place the offender on administrative probation
 4770  pursuant to s. 948.013 for the remainder of the term of
 4771  supervision.
 4772         Section 107. For the purpose of incorporating the
 4773  amendments made by this act to sections 775.21, 944.606, and
 4774  944.607, Florida Statutes, in references thereto, subsection
 4775  (3), paragraph (a) of subsection (4), and subsection (5) of
 4776  section 943.0435, Florida Statutes, are reenacted to read:
 4777         943.0435 Sexual offenders required to register with the
 4778  department; penalty.—
 4779         (3) Within 48 hours after the report required under
 4780  subsection (2), a sexual offender shall report in person at a
 4781  driver license office of the Department of Highway Safety and
 4782  Motor Vehicles, unless a driver license or identification card
 4783  that complies with the requirements of s. 322.141(3) was
 4784  previously secured or updated under s. 944.607. At the driver
 4785  license office the sexual offender shall:
 4786         (a) If otherwise qualified, secure a Florida driver
 4787  license, renew a Florida driver license, or secure an
 4788  identification card. The sexual offender shall identify himself
 4789  or herself as a sexual offender who is required to comply with
 4790  this section and shall provide proof that the sexual offender
 4791  reported as required in subsection (2). The sexual offender
 4792  shall provide any of the information specified in subsection
 4793  (2), if requested. The sexual offender shall submit to the
 4794  taking of a photograph for use in issuing a driver license,
 4795  renewed license, or identification card, and for use by the
 4796  department in maintaining current records of sexual offenders.
 4797         (b) Pay the costs assessed by the Department of Highway
 4798  Safety and Motor Vehicles for issuing or renewing a driver
 4799  license or identification card as required by this section. The
 4800  driver license or identification card issued must be in
 4801  compliance with s. 322.141(3).
 4802         (c) Provide, upon request, any additional information
 4803  necessary to confirm the identity of the sexual offender,
 4804  including a set of fingerprints.
 4805         (4)(a) Each time a sexual offender’s driver license or
 4806  identification card is subject to renewal, and, without regard
 4807  to the status of the offender’s driver license or identification
 4808  card, within 48 hours after any change in the offender’s
 4809  permanent, temporary, or transient residence or change in the
 4810  offender’s name by reason of marriage or other legal process,
 4811  the offender shall report in person to a driver license office,
 4812  and is subject to the requirements specified in subsection (3).
 4813  The Department of Highway Safety and Motor Vehicles shall
 4814  forward to the department all photographs and information
 4815  provided by sexual offenders. Notwithstanding the restrictions
 4816  set forth in s. 322.142, the Department of Highway Safety and
 4817  Motor Vehicles may release a reproduction of a color-photograph
 4818  or digital-image license to the Department of Law Enforcement
 4819  for purposes of public notification of sexual offenders as
 4820  provided in this section and ss. 943.043 and 944.606. A sexual
 4821  offender who is unable to secure or update a driver license or
 4822  an identification card with the Department of Highway Safety and
 4823  Motor Vehicles as provided in subsection (3) and this subsection
 4824  shall also report any change in the sexual offender’s permanent,
 4825  temporary, or transient residence or change in the offender’s
 4826  name by reason of marriage or other legal process within 48
 4827  hours after the change to the sheriff’s office in the county
 4828  where the offender resides or is located and provide
 4829  confirmation that he or she reported such information to the
 4830  Department of Highway Safety and Motor Vehicles. The reporting
 4831  requirements under this paragraph do not negate the requirement
 4832  for a sexual offender to obtain a Florida driver license or an
 4833  identification card as required in this section.
 4834         (5) This section does not apply to a sexual offender who is
 4835  also a sexual predator, as defined in s. 775.21. A sexual
 4836  predator must register as required under s. 775.21.
 4837         Section 108. For the purpose of incorporating the
 4838  amendments made by this act to sections 943.0435, 944.606, and
 4839  944.607, Florida Statutes, in references thereto, subsection (2)
 4840  of section 943.0436, Florida Statutes, is reenacted to read:
 4841         943.0436 Duty of the court to uphold laws governing sexual
 4842  predators and sexual offenders.—
 4843         (2) If a person meets the criteria in chapter 775 for
 4844  designation as a sexual predator or meets the criteria in s.
 4845  943.0435, s. 944.606, s. 944.607, or any other law for
 4846  classification as a sexual offender, the court may not enter an
 4847  order, for the purpose of approving a plea agreement or for any
 4848  other reason, which:
 4849         (a) Exempts a person who meets the criteria for designation
 4850  as a sexual predator or classification as a sexual offender from
 4851  such designation or classification, or exempts such person from
 4852  the requirements for registration or community and public
 4853  notification imposed upon sexual predators and sexual offenders;
 4854         (b) Restricts the compiling, reporting, or release of
 4855  public records information that relates to sexual predators or
 4856  sexual offenders; or
 4857         (c) Prevents any person or entity from performing its
 4858  duties or operating within its statutorily conferred authority
 4859  as such duty or authority relates to sexual predators or sexual
 4860  offenders.
 4861         Section 109. For the purpose of incorporating the amendment
 4862  made by this act to section 847.0135, Florida Statutes, in a
 4863  reference thereto, paragraph (g) of subsection (2) of section
 4864  943.325, Florida Statutes, is reenacted to read:
 4865         943.325 DNA database.—
 4866         (2) DEFINITIONS.—As used in this section, the term:
 4867         (g) “Qualifying offender” means any person, including
 4868  juveniles and adults, who is:
 4869         1.a. Committed to a county jail;
 4870         b. Committed to or under the supervision of the Department
 4871  of Corrections, including persons incarcerated in a private
 4872  correctional institution operated under contract pursuant to s.
 4873  944.105;
 4874         c. Committed to or under the supervision of the Department
 4875  of Juvenile Justice;
 4876         d. Transferred to this state under the Interstate Compact
 4877  on Juveniles, part XIII of chapter 985; or
 4878         e. Accepted under Article IV of the Interstate Corrections
 4879  Compact, part III of chapter 941; and who is:
 4880         2.a. Convicted of any felony offense or attempted felony
 4881  offense in this state or of a similar offense in another
 4882  jurisdiction;
 4883         b. Convicted of a misdemeanor violation of s. 784.048, s.
 4884  810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
 4885  offense that was found, pursuant to s. 874.04, to have been
 4886  committed for the purpose of benefiting, promoting, or
 4887  furthering the interests of a criminal gang as defined in s.
 4888  874.03; or
 4889         c. Arrested for any felony offense or attempted felony
 4890  offense in this state.
 4891         Section 110. For the purpose of incorporating the amendment
 4892  made by this act to section 847.001, Florida Statutes, in a
 4893  reference thereto, subsection (2) of section 944.11, Florida
 4894  Statutes, is reenacted to read:
 4895         944.11 Department to regulate admission of books.—
 4896         (2) The department shall have the authority to prohibit
 4897  admission of reading materials or publications with content
 4898  which depicts sexual conduct as defined by s. 847.001 or
 4899  presents nudity in such a way as to create the appearance that
 4900  sexual conduct is imminent. The department shall have the
 4901  authority to prohibit admission of such materials at a
 4902  particular state correctional facility upon a determination by
 4903  the department that such material or publications would be
 4904  detrimental to the safety, security, order or rehabilitative
 4905  interests of a particular state correctional facility or would
 4906  create a risk of disorder at a particular state correctional
 4907  facility.
 4908         Section 111. For the purpose of incorporating the
 4909  amendments made by this act to sections 775.21 and 943.0435,
 4910  Florida Statutes, in references thereto, paragraph (a) of
 4911  subsection (4) and subsection (9) of section 944.607, Florida
 4912  Statutes, are reenacted to read:
 4913         944.607 Notification to Department of Law Enforcement of
 4914  information on sexual offenders.—
 4915         (4) A sexual offender, as described in this section, who is
 4916  under the supervision of the Department of Corrections but is
 4917  not incarcerated shall register with the Department of
 4918  Corrections within 3 business days after sentencing for a
 4919  registrable offense and otherwise provide information as
 4920  required by this subsection.
 4921         (a) The sexual offender shall provide his or her name; date
 4922  of birth; social security number; race; sex; height; weight;
 4923  hair and eye color; tattoos or other identifying marks; all
 4924  electronic mail addresses and Internet identifiers required to
 4925  be provided pursuant to s. 943.0435(4)(e); employment
 4926  information required to be provided pursuant to s.
 4927  943.0435(4)(e); all home telephone numbers and cellular
 4928  telephone numbers required to be provided pursuant to s.
 4929  943.0435(4)(e); the make, model, color, vehicle identification
 4930  number (VIN), and license tag number of all vehicles owned;
 4931  permanent or legal residence and address of temporary residence
 4932  within the state or out of state while the sexual offender is
 4933  under supervision in this state, including any rural route
 4934  address or post office box; if no permanent or temporary
 4935  address, any transient residence within the state; and address,
 4936  location or description, and dates of any current or known
 4937  future temporary residence within the state or out of state. The
 4938  sexual offender shall also produce his or her passport, if he or
 4939  she has a passport, and, if he or she is an alien, shall produce
 4940  or provide information about documents establishing his or her
 4941  immigration status. The sexual offender shall also provide
 4942  information about any professional licenses he or she has. The
 4943  Department of Corrections shall verify the address of each
 4944  sexual offender in the manner described in ss. 775.21 and
 4945  943.0435. The department shall report to the Department of Law
 4946  Enforcement any failure by a sexual predator or sexual offender
 4947  to comply with registration requirements.
 4948         (9) A sexual offender, as described in this section, who is
 4949  under the supervision of the Department of Corrections but who
 4950  is not incarcerated shall, in addition to the registration
 4951  requirements provided in subsection (4), register and obtain a
 4952  distinctive driver license or identification card in the manner
 4953  provided in s. 943.0435(3), (4), and (5), unless the sexual
 4954  offender is a sexual predator, in which case he or she shall
 4955  register and obtain a distinctive driver license or
 4956  identification card as required under s. 775.21. A sexual
 4957  offender who fails to comply with the requirements of s.
 4958  943.0435 is subject to the penalties provided in s. 943.0435(9).
 4959         Section 112. For the purpose of incorporating the
 4960  amendments made by this act to sections 775.21 and 944.607,
 4961  Florida Statutes, in references thereto, subsection (7) of
 4962  section 944.608, Florida Statutes, is reenacted to read:
 4963         944.608 Notification to Department of Law Enforcement of
 4964  information on career offenders.—
 4965         (7) A career offender who is under the supervision of the
 4966  department but who is not incarcerated shall, in addition to the
 4967  registration requirements provided in subsection (3), register
 4968  in the manner provided in s. 775.261(4)(c), unless the career
 4969  offender is a sexual predator, in which case he or she shall
 4970  register as required under s. 775.21, or is a sexual offender,
 4971  in which case he or she shall register as required in s.
 4972  944.607. A career offender who fails to comply with the
 4973  requirements of s. 775.261(4) is subject to the penalties
 4974  provided in s. 775.261(8).
 4975         Section 113. For the purpose of incorporating the amendment
 4976  made by this act to section 775.21, Florida Statutes, in a
 4977  reference thereto, subsection (4) of section 944.609, Florida
 4978  Statutes, is reenacted to read:
 4979         944.609 Career offenders; notification upon release.—
 4980         (4) The department or any law enforcement agency may notify
 4981  the community and the public of a career offender’s presence in
 4982  the community. However, with respect to a career offender who
 4983  has been found to be a sexual predator under s. 775.21, the
 4984  Department of Law Enforcement or any other law enforcement
 4985  agency must inform the community and the public of the career
 4986  offender’s presence in the community, as provided in s. 775.21.
 4987         Section 114. For the purpose of incorporating the amendment
 4988  made by this act to section 947.1405, Florida Statutes, in a
 4989  reference thereto, subsection (1) of section 944.70, Florida
 4990  Statutes, is reenacted to read:
 4991         944.70 Conditions for release from incarceration.—
 4992         (1)(a) A person who is convicted of a crime committed on or
 4993  after October 1, 1983, but before January 1, 1994, may be
 4994  released from incarceration only:
 4995         1. Upon expiration of the person’s sentence;
 4996         2. Upon expiration of the person’s sentence as reduced by
 4997  accumulated gain-time;
 4998         3. As directed by an executive order granting clemency;
 4999         4. Upon attaining the provisional release date;
 5000         5. Upon placement in a conditional release program pursuant
 5001  to s. 947.1405; or
 5002         6. Upon the granting of control release pursuant to s.
 5003  947.146.
 5004         (b) A person who is convicted of a crime committed on or
 5005  after January 1, 1994, may be released from incarceration only:
 5006         1. Upon expiration of the person’s sentence;
 5007         2. Upon expiration of the person’s sentence as reduced by
 5008  accumulated meritorious or incentive gain-time;
 5009         3. As directed by an executive order granting clemency;
 5010         4. Upon placement in a conditional release program pursuant
 5011  to s. 947.1405 or a conditional medical release program pursuant
 5012  to s. 947.149; or
 5013         5. Upon the granting of control release, including
 5014  emergency control release, pursuant to s. 947.146.
 5015         Section 115. For the purpose of incorporating the amendment
 5016  made by this act to section 947.1405, Florida Statutes, in a
 5017  reference thereto, paragraph (f) of subsection (1) of section
 5018  947.13, Florida Statutes, is reenacted to read:
 5019         947.13 Powers and duties of commission.—
 5020         (1) The commission shall have the powers and perform the
 5021  duties of:
 5022         (f) Establishing the terms and conditions of persons
 5023  released on conditional release under s. 947.1405, and
 5024  determining subsequent ineligibility for conditional release due
 5025  to a violation of the terms or conditions of conditional release
 5026  and taking action with respect to such a violation.
 5027         Section 116. For the purpose of incorporating the
 5028  amendments made by this act to sections 775.21, 943.0435, and
 5029  943.4354, Florida Statutes, in references thereto, paragraph (c)
 5030  of subsection (2) and subsection (12) of section 947.1405,
 5031  Florida Statutes, are reenacted to read:
 5032         947.1405 Conditional release program.—
 5033         (2) Any inmate who:
 5034         (c) Is found to be a sexual predator under s. 775.21 or
 5035  former s. 775.23,
 5036  
 5037  shall, upon reaching the tentative release date or provisional
 5038  release date, whichever is earlier, as established by the
 5039  Department of Corrections, be released under supervision subject
 5040  to specified terms and conditions, including payment of the cost
 5041  of supervision pursuant to s. 948.09. Such supervision shall be
 5042  applicable to all sentences within the overall term of sentences
 5043  if an inmate’s overall term of sentences includes one or more
 5044  sentences that are eligible for conditional release supervision
 5045  as provided herein. Effective July 1, 1994, and applicable for
 5046  offenses committed on or after that date, the commission may
 5047  require, as a condition of conditional release, that the
 5048  releasee make payment of the debt due and owing to a county or
 5049  municipal detention facility under s. 951.032 for medical care,
 5050  treatment, hospitalization, or transportation received by the
 5051  releasee while in that detention facility. The commission, in
 5052  determining whether to order such repayment and the amount of
 5053  such repayment, shall consider the amount of the debt, whether
 5054  there was any fault of the institution for the medical expenses
 5055  incurred, the financial resources of the releasee, the present
 5056  and potential future financial needs and earning ability of the
 5057  releasee, and dependents, and other appropriate factors. If any
 5058  inmate placed on conditional release supervision is also subject
 5059  to probation or community control, resulting from a probationary
 5060  or community control split sentence within the overall term of
 5061  sentences, the Department of Corrections shall supervise such
 5062  person according to the conditions imposed by the court and the
 5063  commission shall defer to such supervision. If the court revokes
 5064  probation or community control and resentences the offender to a
 5065  term of incarceration, such revocation also constitutes a
 5066  sufficient basis for the revocation of the conditional release
 5067  supervision on any nonprobationary or noncommunity control
 5068  sentence without further hearing by the commission. If any such
 5069  supervision on any nonprobationary or noncommunity control
 5070  sentence is revoked, such revocation may result in a forfeiture
 5071  of all gain-time, and the commission may revoke the resulting
 5072  deferred conditional release supervision or take other action it
 5073  considers appropriate. If the term of conditional release
 5074  supervision exceeds that of the probation or community control,
 5075  then, upon expiration of the probation or community control,
 5076  authority for the supervision shall revert to the commission and
 5077  the supervision shall be subject to the conditions imposed by
 5078  the commission. A panel of no fewer than two commissioners shall
 5079  establish the terms and conditions of any such release. If the
 5080  offense was a controlled substance violation, the conditions
 5081  shall include a requirement that the offender submit to random
 5082  substance abuse testing intermittently throughout the term of
 5083  conditional release supervision, upon the direction of the
 5084  correctional probation officer as defined in s. 943.10(3). The
 5085  commission shall also determine whether the terms and conditions
 5086  of such release have been violated and whether such violation
 5087  warrants revocation of the conditional release.
 5088         (12) In addition to all other conditions imposed, for a
 5089  releasee who is subject to conditional release for a crime that
 5090  was committed on or after May 26, 2010, and who has been
 5091  convicted at any time of committing, or attempting, soliciting,
 5092  or conspiring to commit, any of the criminal offenses listed in
 5093  s. 943.0435(1)(h)1.a.(I), or a similar offense in another
 5094  jurisdiction against a victim who was under 18 years of age at
 5095  the time of the offense, if the releasee has not received a
 5096  pardon for any felony or similar law of another jurisdiction
 5097  necessary for the operation of this subsection, if a conviction
 5098  of a felony or similar law of another jurisdiction necessary for
 5099  the operation of this subsection has not been set aside in any
 5100  postconviction proceeding, or if the releasee has not been
 5101  removed from the requirement to register as a sexual offender or
 5102  sexual predator pursuant to s. 943.04354, the commission must
 5103  impose the following conditions:
 5104         (a) A prohibition on visiting schools, child care
 5105  facilities, parks, and playgrounds without prior approval from
 5106  the releasee’s supervising officer. The commission may also
 5107  designate additional prohibited locations to protect a victim.
 5108  The prohibition ordered under this paragraph does not prohibit
 5109  the releasee from visiting a school, child care facility, park,
 5110  or playground for the sole purpose of attending a religious
 5111  service as defined in s. 775.0861 or picking up or dropping off
 5112  the releasee’s child or grandchild at a child care facility or
 5113  school.
 5114         (b) A prohibition on distributing candy or other items to
 5115  children on Halloween; wearing a Santa Claus costume, or other
 5116  costume to appeal to children, on or preceding Christmas;
 5117  wearing an Easter Bunny costume, or other costume to appeal to
 5118  children, on or preceding Easter; entertaining at children’s
 5119  parties; or wearing a clown costume without prior approval from
 5120  the commission.
 5121         Section 117. For the purpose of incorporating the amendment
 5122  made by this act to section 947.1405, Florida Statutes, in a
 5123  reference thereto, subsections (1), (2), and (7) of section
 5124  947.141, Florida Statutes, are reenacted to read:
 5125         947.141 Violations of conditional release, control release,
 5126  or conditional medical release or addiction-recovery
 5127  supervision.—
 5128         (1) If a member of the commission or a duly authorized
 5129  representative of the commission has reasonable grounds to
 5130  believe that an offender who is on release supervision under s.
 5131  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 5132  the terms and conditions of the release in a material respect,
 5133  such member or representative may cause a warrant to be issued
 5134  for the arrest of the releasee; if the offender was found to be
 5135  a sexual predator, the warrant must be issued.
 5136         (2) Upon the arrest on a felony charge of an offender who
 5137  is on release supervision under s. 947.1405, s. 947.146, s.
 5138  947.149, or s. 944.4731, the offender must be detained without
 5139  bond until the initial appearance of the offender at which a
 5140  judicial determination of probable cause is made. If the trial
 5141  court judge determines that there was no probable cause for the
 5142  arrest, the offender may be released. If the trial court judge
 5143  determines that there was probable cause for the arrest, such
 5144  determination also constitutes reasonable grounds to believe
 5145  that the offender violated the conditions of the release. Within
 5146  24 hours after the trial court judge’s finding of probable
 5147  cause, the detention facility administrator or designee shall
 5148  notify the commission and the department of the finding and
 5149  transmit to each a facsimile copy of the probable cause
 5150  affidavit or the sworn offense report upon which the trial court
 5151  judge’s probable cause determination is based. The offender must
 5152  continue to be detained without bond for a period not exceeding
 5153  72 hours excluding weekends and holidays after the date of the
 5154  probable cause determination, pending a decision by the
 5155  commission whether to issue a warrant charging the offender with
 5156  violation of the conditions of release. Upon the issuance of the
 5157  commission’s warrant, the offender must continue to be held in
 5158  custody pending a revocation hearing held in accordance with
 5159  this section.
 5160         (7) If a law enforcement officer has probable cause to
 5161  believe that an offender who is on release supervision under s.
 5162  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 5163  the terms and conditions of his or her release by committing a
 5164  felony offense, the officer shall arrest the offender without a
 5165  warrant, and a warrant need not be issued in the case.
 5166         Section 118. For the purpose of incorporating the amendment
 5167  made by this act to section 775.21, Florida Statutes, in a
 5168  reference thereto, paragraphs (b) and (d) of subsection (8) of
 5169  section 948.06, Florida Statutes, are reenacted to read:
 5170         948.06 Violation of probation or community control;
 5171  revocation; modification; continuance; failure to pay
 5172  restitution or cost of supervision.—
 5173         (8)
 5174         (b) For purposes of this section and ss. 903.0351, 948.064,
 5175  and 921.0024, the term “violent felony offender of special
 5176  concern” means a person who is on:
 5177         1. Felony probation or community control related to the
 5178  commission of a qualifying offense committed on or after the
 5179  effective date of this act;
 5180         2. Felony probation or community control for any offense
 5181  committed on or after the effective date of this act, and has
 5182  previously been convicted of a qualifying offense;
 5183         3. Felony probation or community control for any offense
 5184  committed on or after the effective date of this act, and is
 5185  found to have violated that probation or community control by
 5186  committing a qualifying offense;
 5187         4. Felony probation or community control and has previously
 5188  been found by a court to be a habitual violent felony offender
 5189  as defined in s. 775.084(1)(b) and has committed a qualifying
 5190  offense on or after the effective date of this act;
 5191         5. Felony probation or community control and has previously
 5192  been found by a court to be a three-time violent felony offender
 5193  as defined in s. 775.084(1)(c) and has committed a qualifying
 5194  offense on or after the effective date of this act; or
 5195         6. Felony probation or community control and has previously
 5196  been found by a court to be a sexual predator under s. 775.21
 5197  and has committed a qualifying offense on or after the effective
 5198  date of this act.
 5199         (d) In the case of an alleged violation of probation or
 5200  community control other than a failure to pay costs, fines, or
 5201  restitution, the following individuals shall remain in custody
 5202  pending the resolution of the probation or community control
 5203  violation:
 5204         1. A violent felony offender of special concern, as defined
 5205  in this section;
 5206         2. A person who is on felony probation or community control
 5207  for any offense committed on or after the effective date of this
 5208  act and who is arrested for a qualifying offense as defined in
 5209  this section; or
 5210         3. A person who is on felony probation or community control
 5211  and has previously been found by a court to be a habitual
 5212  violent felony offender as defined in s. 775.084(1)(b), a three
 5213  time violent felony offender as defined in s. 775.084(1)(c), or
 5214  a sexual predator under s. 775.21, and who is arrested for
 5215  committing a qualifying offense as defined in this section on or
 5216  after the effective date of this act.
 5217  
 5218  The court shall not dismiss the probation or community control
 5219  violation warrant pending against an offender enumerated in this
 5220  paragraph without holding a recorded violation-of-probation
 5221  hearing at which both the state and the offender are
 5222  represented.
 5223         Section 119. For the purpose of incorporating the
 5224  amendments made by this act to sections 775.21, 943.0435, and
 5225  944.607, Florida Statutes, in references thereto, section
 5226  948.063, Florida Statutes, is reenacted to read:
 5227         948.063 Violations of probation or community control by
 5228  designated sexual offenders and sexual predators.—
 5229         (1) If probation or community control for any felony
 5230  offense is revoked by the court pursuant to s. 948.06(2)(e) and
 5231  the offender is designated as a sexual offender pursuant to s.
 5232  943.0435 or s. 944.607 or as a sexual predator pursuant to s.
 5233  775.21 for unlawful sexual activity involving a victim 15 years
 5234  of age or younger and the offender is 18 years of age or older,
 5235  and if the court imposes a subsequent term of supervision
 5236  following the revocation of probation or community control, the
 5237  court must order electronic monitoring as a condition of the
 5238  subsequent term of probation or community control.
 5239         (2) If the probationer or offender is required to register
 5240  as a sexual predator under s. 775.21 or as a sexual offender
 5241  under s. 943.0435 or s. 944.607 for unlawful sexual activity
 5242  involving a victim 15 years of age or younger and the
 5243  probationer or offender is 18 years of age or older and has
 5244  violated the conditions of his or her probation or community
 5245  control, but the court does not revoke the probation or
 5246  community control, the court shall nevertheless modify the
 5247  probation or community control to include electronic monitoring
 5248  for any probationer or offender not then subject to electronic
 5249  monitoring.
 5250         Section 120. For the purpose of incorporating the amendment
 5251  made by this act to section 775.21, Florida Statutes, in a
 5252  reference thereto, subsection (4) of section 948.064, Florida
 5253  Statutes, is reenacted to read:
 5254         948.064 Notification of status as a violent felony offender
 5255  of special concern.—
 5256         (4) The state attorney, or the statewide prosecutor if
 5257  applicable, shall advise the court at each critical stage in the
 5258  judicial process, at which the state attorney or statewide
 5259  prosecutor is represented, whether an alleged or convicted
 5260  offender is a violent felony offender of special concern; a
 5261  person who is on felony probation or community control for any
 5262  offense committed on or after the effective date of this act and
 5263  who is arrested for a qualifying offense; or a person who is on
 5264  felony probation or community control and has previously been
 5265  found by a court to be a habitual violent felony offender as
 5266  defined in s. 775.084(1)(b), a three-time violent felony
 5267  offender as defined in s. 775.084(1)(c), or a sexual predator
 5268  under s. 775.21, and who is arrested for committing a qualifying
 5269  offense on or after the effective date of this act.
 5270         Section 121. For the purpose of incorporating the amendment
 5271  made by this act to section 948.06, Florida Statutes, in a
 5272  reference thereto, paragraph (a) of subsection (7) of section
 5273  948.08, Florida Statutes, is reenacted to read:
 5274         948.08 Pretrial intervention program.—
 5275         (7)(a) Notwithstanding any provision of this section, a
 5276  person who is charged with a felony, other than a felony listed
 5277  in s. 948.06(8)(c), and identified as a veteran, as defined in
 5278  s. 1.01, including a veteran who is discharged or released under
 5279  a general discharge, or servicemember, as defined in s. 250.01,
 5280  who suffers from a military service-related mental illness,
 5281  traumatic brain injury, substance abuse disorder, or
 5282  psychological problem, is eligible for voluntary admission into
 5283  a pretrial veterans’ treatment intervention program approved by
 5284  the chief judge of the circuit, upon motion of either party or
 5285  the court’s own motion, except:
 5286         1. If a defendant was previously offered admission to a
 5287  pretrial veterans’ treatment intervention program at any time
 5288  before trial and the defendant rejected that offer on the
 5289  record, the court may deny the defendant’s admission to such a
 5290  program.
 5291         2. If a defendant previously entered a court-ordered
 5292  veterans’ treatment program, the court may deny the defendant’s
 5293  admission into the pretrial veterans’ treatment program.
 5294         Section 122. For the purpose of incorporating the amendment
 5295  made by this act to section 775.21, Florida Statutes, in a
 5296  reference thereto, subsection (3) of section 948.12, Florida
 5297  Statutes, is reenacted to read:
 5298         948.12 Intensive supervision for postprison release of
 5299  violent offenders.—It is the finding of the Legislature that the
 5300  population of violent offenders released from state prison into
 5301  the community poses the greatest threat to the public safety of
 5302  the groups of offenders under community supervision. Therefore,
 5303  for the purpose of enhanced public safety, any offender released
 5304  from state prison who:
 5305         (3) Has been found to be a sexual predator pursuant to s.
 5306  775.21,
 5307  
 5308  and who has a term of probation to follow the period of
 5309  incarceration shall be provided intensive supervision by
 5310  experienced correctional probation officers. Subject to specific
 5311  appropriation by the Legislature, caseloads may be restricted to
 5312  a maximum of 40 offenders per officer to provide for enhanced
 5313  public safety as well as to effectively monitor conditions of
 5314  electronic monitoring or curfews, if such was ordered by the
 5315  court.
 5316         Section 123. For the purpose of incorporating the
 5317  amendments made by this act to sections 775.21 and 943.0435,
 5318  Florida Statutes, in references thereto, paragraph (b) of
 5319  subsection (3) and subsection (4) of section 948.30, Florida
 5320  Statutes, are reenacted to read:
 5321         948.30 Additional terms and conditions of probation or
 5322  community control for certain sex offenses.—Conditions imposed
 5323  pursuant to this section do not require oral pronouncement at
 5324  the time of sentencing and shall be considered standard
 5325  conditions of probation or community control for offenders
 5326  specified in this section.
 5327         (3) Effective for a probationer or community controllee
 5328  whose crime was committed on or after September 1, 2005, and
 5329  who:
 5330         (b) Is designated a sexual predator pursuant to s. 775.21;
 5331  or
 5332  
 5333  the court must order, in addition to any other provision of this
 5334  section, mandatory electronic monitoring as a condition of the
 5335  probation or community control supervision.
 5336         (4) In addition to all other conditions imposed, for a
 5337  probationer or community controllee who is subject to
 5338  supervision for a crime that was committed on or after May 26,
 5339  2010, and who has been convicted at any time of committing, or
 5340  attempting, soliciting, or conspiring to commit, any of the
 5341  criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a
 5342  similar offense in another jurisdiction, against a victim who
 5343  was under the age of 18 at the time of the offense; if the
 5344  offender has not received a pardon for any felony or similar law
 5345  of another jurisdiction necessary for the operation of this
 5346  subsection, if a conviction of a felony or similar law of
 5347  another jurisdiction necessary for the operation of this
 5348  subsection has not been set aside in any postconviction
 5349  proceeding, or if the offender has not been removed from the
 5350  requirement to register as a sexual offender or sexual predator
 5351  pursuant to s. 943.04354, the court must impose the following
 5352  conditions:
 5353         (a) A prohibition on visiting schools, child care
 5354  facilities, parks, and playgrounds, without prior approval from
 5355  the offender’s supervising officer. The court may also designate
 5356  additional locations to protect a victim. The prohibition
 5357  ordered under this paragraph does not prohibit the offender from
 5358  visiting a school, child care facility, park, or playground for
 5359  the sole purpose of attending a religious service as defined in
 5360  s. 775.0861 or picking up or dropping off the offender’s
 5361  children or grandchildren at a child care facility or school.
 5362         (b) A prohibition on distributing candy or other items to
 5363  children on Halloween; wearing a Santa Claus costume, or other
 5364  costume to appeal to children, on or preceding Christmas;
 5365  wearing an Easter Bunny costume, or other costume to appeal to
 5366  children, on or preceding Easter; entertaining at children’s
 5367  parties; or wearing a clown costume; without prior approval from
 5368  the court.
 5369         Section 124. For the purpose of incorporating the
 5370  amendments made by this act to sections 775.21, 943.0435,
 5371  944.606, and 944.607, Florida Statutes, in references thereto,
 5372  section 948.31, Florida Statutes, is reenacted to read:
 5373         948.31 Evaluation and treatment of sexual predators and
 5374  offenders on probation or community control.—The court may
 5375  require any probationer or community controllee who is required
 5376  to register as a sexual predator under s. 775.21 or sexual
 5377  offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
 5378  an evaluation, at the probationer or community controllee’s
 5379  expense, by a qualified practitioner to determine whether such
 5380  probationer or community controllee needs sexual offender
 5381  treatment. If the qualified practitioner determines that sexual
 5382  offender treatment is needed and recommends treatment, the
 5383  probationer or community controllee must successfully complete
 5384  and pay for the treatment. Such treatment must be obtained from
 5385  a qualified practitioner as defined in s. 948.001. Treatment may
 5386  not be administered by a qualified practitioner who has been
 5387  convicted or adjudicated delinquent of committing, or
 5388  attempting, soliciting, or conspiring to commit, any offense
 5389  that is listed in s. 943.0435(1)(h)1.a.(I).
 5390         Section 125. For the purpose of incorporating the amendment
 5391  made by this act to section 775.0877, Florida Statutes, in a
 5392  reference thereto, section 951.27, Florida Statutes, is
 5393  reenacted to read:
 5394         951.27 Blood tests of inmates.—
 5395         (1) Each county and each municipal detention facility shall
 5396  have a written procedure developed, in consultation with the
 5397  facility medical provider, establishing conditions under which
 5398  an inmate will be tested for infectious disease, including human
 5399  immunodeficiency virus pursuant to s. 775.0877, which procedure
 5400  is consistent with guidelines of the Centers for Disease Control
 5401  and Prevention and recommendations of the Correctional Medical
 5402  Authority. It is not unlawful for the person receiving the test
 5403  results to divulge the test results to the sheriff or chief
 5404  correctional officer.
 5405         (2) Except as otherwise provided in this subsection,
 5406  serologic blood test results obtained pursuant to subsection (1)
 5407  are confidential and exempt from the provisions of s. 119.07(1)
 5408  and s. 24(a), Art. I of the State Constitution. However, such
 5409  results may be provided to employees or officers of the sheriff
 5410  or chief correctional officer who are responsible for the
 5411  custody and care of the affected inmate and have a need to know
 5412  such information, and as provided in ss. 775.0877 and 960.003.
 5413  In addition, upon request of the victim or the victim’s legal
 5414  guardian, or the parent or legal guardian of the victim if the
 5415  victim is a minor, the results of any HIV test performed on an
 5416  inmate who has been arrested for any sexual offense involving
 5417  oral, anal, or vaginal penetration by, or union with, the sexual
 5418  organ of another, shall be disclosed to the victim or the
 5419  victim’s legal guardian, or to the parent or legal guardian of
 5420  the victim if the victim is a minor. In such cases, the county
 5421  or municipal detention facility shall furnish the test results
 5422  to the Department of Health, which is responsible for disclosing
 5423  the results to public health agencies as provided in s. 775.0877
 5424  and to the victim or the victim’s legal guardian, or the parent
 5425  or legal guardian of the victim if the victim is a minor, as
 5426  provided in s. 960.003(3).
 5427         (3) The results of any serologic blood test on an inmate
 5428  are a part of that inmate’s permanent medical file. Upon
 5429  transfer of the inmate to any other correctional facility, such
 5430  file is also transferred, and all relevant authorized persons
 5431  must be notified of positive HIV test results, as required in s.
 5432  775.0877.
 5433         Section 126. For the purpose of incorporating the amendment
 5434  made by this act to section 775.0877, Florida Statutes, in a
 5435  reference thereto, paragraphs (a) and (b) of subsection (2) and
 5436  paragraph (a) of subsection (3) of section 960.003, Florida
 5437  Statutes, are reenacted to read:
 5438         960.003 Hepatitis and HIV testing for persons charged with
 5439  or alleged by petition for delinquency to have committed certain
 5440  offenses; disclosure of results to victims.—
 5441         (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
 5442  FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.—
 5443         (a) In any case in which a person has been charged by
 5444  information or indictment with or alleged by petition for
 5445  delinquency to have committed any offense enumerated in s.
 5446  775.0877(1)(a)-(n), which involves the transmission of body
 5447  fluids from one person to another, upon request of the victim or
 5448  the victim’s legal guardian, or of the parent or legal guardian
 5449  of the victim if the victim is a minor, the court shall order
 5450  such person to undergo hepatitis and HIV testing within 48 hours
 5451  after the information, indictment, or petition for delinquency
 5452  is filed. In the event the victim or, if the victim is a minor,
 5453  the victim’s parent or legal guardian requests hepatitis and HIV
 5454  testing after 48 hours have elapsed from the filing of the
 5455  indictment, information, or petition for delinquency, the
 5456  testing shall be done within 48 hours after the request.
 5457         (b) However, when a victim of any sexual offense enumerated
 5458  in s. 775.0877(1)(a)-(n) is under the age of 18 at the time the
 5459  offense was committed or when a victim of any sexual offense
 5460  enumerated in s. 775.0877(1)(a)-(n) or s. 825.1025 is a disabled
 5461  adult or elderly person as defined in s. 825.1025 regardless of
 5462  whether the offense involves the transmission of bodily fluids
 5463  from one person to another, then upon the request of the victim
 5464  or the victim’s legal guardian, or of the parent or legal
 5465  guardian, the court shall order such person to undergo hepatitis
 5466  and HIV testing within 48 hours after the information,
 5467  indictment, or petition for delinquency is filed. In the event
 5468  the victim or, if the victim is a minor, the victim’s parent or
 5469  legal guardian requests hepatitis and HIV testing after 48 hours
 5470  have elapsed from the filing of the indictment, information, or
 5471  petition for delinquency, the testing shall be done within 48
 5472  hours after the request. The testing shall be performed under
 5473  the direction of the Department of Health in accordance with s.
 5474  381.004. The results of a hepatitis and HIV test performed on a
 5475  defendant or juvenile offender pursuant to this subsection shall
 5476  not be admissible in any criminal or juvenile proceeding arising
 5477  out of the alleged offense.
 5478         (3) DISCLOSURE OF RESULTS.—
 5479         (a) The results of the test shall be disclosed no later
 5480  than 2 weeks after the court receives such results, under the
 5481  direction of the Department of Health, to the person charged
 5482  with or alleged by petition for delinquency to have committed or
 5483  to the person convicted of or adjudicated delinquent for any
 5484  offense enumerated in s. 775.0877(1)(a)-(n), which involves the
 5485  transmission of body fluids from one person to another, and,
 5486  upon request, to the victim or the victim’s legal guardian, or
 5487  the parent or legal guardian of the victim if the victim is a
 5488  minor, and to public health agencies pursuant to s. 775.0877. If
 5489  the alleged offender is a juvenile, the test results shall also
 5490  be disclosed to the parent or guardian. When the victim is a
 5491  victim as described in paragraph (2)(b), the test results must
 5492  also be disclosed no later than 2 weeks after the court receives
 5493  such results, to the person charged with or alleged by petition
 5494  for delinquency to have committed or to the person convicted of
 5495  or adjudicated delinquent for any offense enumerated in s.
 5496  775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
 5497  offense involves the transmission of bodily fluids from one
 5498  person to another, and, upon request, to the victim or the
 5499  victim’s legal guardian, or the parent or legal guardian of the
 5500  victim, and to public health agencies pursuant to s. 775.0877.
 5501  Otherwise, hepatitis and HIV test results obtained pursuant to
 5502  this section are confidential and exempt from the provisions of
 5503  s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
 5504  shall not be disclosed to any other person except as expressly
 5505  authorized by law or court order.
 5506         Section 127. For the purpose of incorporating the amendment
 5507  made by this act to section 39.01, Florida Statutes, in a
 5508  reference thereto, subsection (5) of section 960.065, Florida
 5509  Statutes, is reenacted to read:
 5510         960.065 Eligibility for awards.—
 5511         (5) A person is not ineligible for an award pursuant to
 5512  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 5513  person is a victim of sexual exploitation of a child as defined
 5514  in s. 39.01(70)(g).
 5515         Section 128. For the purpose of incorporating the amendment
 5516  made by this act to section 39.01, Florida Statutes, in a
 5517  reference thereto, subsection (2) of section 984.03, Florida
 5518  Statutes, is reenacted to read:
 5519         984.03 Definitions.—When used in this chapter, the term:
 5520         (2) “Abuse” means any willful act that results in any
 5521  physical, mental, or sexual injury that causes or is likely to
 5522  cause the child’s physical, mental, or emotional health to be
 5523  significantly impaired. Corporal discipline of a child by a
 5524  parent or guardian for disciplinary purposes does not in itself
 5525  constitute abuse when it does not result in harm to the child as
 5526  defined in s. 39.01.
 5527         Section 129. For the purpose of incorporating the amendment
 5528  made by this act to section 985.475, Florida Statutes, in a
 5529  reference thereto, paragraph (c) of subsection (5) of section
 5530  985.0301, Florida Statutes, is reenacted to read:
 5531         985.0301 Jurisdiction.—
 5532         (5)
 5533         (c) The court shall retain jurisdiction over a juvenile
 5534  sexual offender, as defined in s. 985.475, who has been placed
 5535  on community-based treatment alternative with supervision or who
 5536  has been placed in a program or facility for juvenile sexual
 5537  offenders, pursuant to s. 985.48, until the juvenile sexual
 5538  offender reaches 21 years of age, specifically for the purpose
 5539  of allowing the juvenile to complete the program.
 5540         Section 130. For the purpose of incorporating the
 5541  amendments made by this act to sections 775.21, 943.0435,
 5542  944.606, and 944.607, Florida Statutes, in references thereto,
 5543  paragraph (b) of subsection (6) of section 985.04, Florida
 5544  Statutes, is reenacted to read:
 5545         985.04 Oaths; records; confidential information.—
 5546         (6)
 5547         (b) Sexual offender and predator registration information
 5548  as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
 5549  and 985.4815 is a public record pursuant to s. 119.07(1) and as
 5550  otherwise provided by law.
 5551         Section 131. For the purpose of incorporating the amendment
 5552  made by this act to section 985.475, Florida Statutes, in a
 5553  reference thereto, paragraph (c) of subsection (1) of section
 5554  985.441, Florida Statutes, is reenacted to read:
 5555         985.441 Commitment.—
 5556         (1) The court that has jurisdiction of an adjudicated
 5557  delinquent child may, by an order stating the facts upon which a
 5558  determination of a sanction and rehabilitative program was made
 5559  at the disposition hearing:
 5560         (c) Commit the child to the department for placement in a
 5561  program or facility for juvenile sexual offenders in accordance
 5562  with s. 985.48, subject to specific appropriation for such a
 5563  program or facility.
 5564         1. The child may only be committed for such placement
 5565  pursuant to determination that the child is a juvenile sexual
 5566  offender under the criteria specified in s. 985.475.
 5567         2. Any commitment of a juvenile sexual offender to a
 5568  program or facility for juvenile sexual offenders must be for an
 5569  indeterminate period of time, but the time may not exceed the
 5570  maximum term of imprisonment that an adult may serve for the
 5571  same offense.
 5572         Section 132. For the purpose of incorporating the
 5573  amendments made by this act to sections 775.21 and 943.0435,
 5574  Florida Statutes, in references thereto, subsection (9) of
 5575  section 985.4815, Florida Statutes, is reenacted to read:
 5576         985.4815 Notification to Department of Law Enforcement of
 5577  information on juvenile sexual offenders.—
 5578         (9) A sexual offender, as described in this section, who is
 5579  under the care, jurisdiction, or supervision of the department
 5580  but who is not incarcerated shall, in addition to the
 5581  registration requirements provided in subsection (4), register
 5582  in the manner provided in s. 943.0435(3), (4), and (5), unless
 5583  the sexual offender is a sexual predator, in which case he or
 5584  she shall register as required under s. 775.21. A sexual
 5585  offender who fails to comply with the requirements of s.
 5586  943.0435 is subject to the penalties provided in s. 943.0435(9).
 5587         Section 133. For the purpose of incorporating the amendment
 5588  made by this act to section 943.0435, Florida Statutes, in a
 5589  reference thereto, paragraph (g) of subsection (2) of section
 5590  1012.467, Florida Statutes, is reenacted to read:
 5591         1012.467 Noninstructional contractors who are permitted
 5592  access to school grounds when students are present; background
 5593  screening requirements.—
 5594         (2)
 5595         (g) A noninstructional contractor for whom a criminal
 5596  history check is required under this section may not have been
 5597  convicted of any of the following offenses designated in the
 5598  Florida Statutes, any similar offense in another jurisdiction,
 5599  or any similar offense committed in this state which has been
 5600  redesignated from a former provision of the Florida Statutes to
 5601  one of the following offenses:
 5602         1. Any offense listed in s. 943.0435(1)(h)1., relating to
 5603  the registration of an individual as a sexual offender.
 5604         2. Section 393.135, relating to sexual misconduct with
 5605  certain developmentally disabled clients and the reporting of
 5606  such sexual misconduct.
 5607         3. Section 394.4593, relating to sexual misconduct with
 5608  certain mental health patients and the reporting of such sexual
 5609  misconduct.
 5610         4. Section 775.30, relating to terrorism.
 5611         5. Section 782.04, relating to murder.
 5612         6. Section 787.01, relating to kidnapping.
 5613         7. Any offense under chapter 800, relating to lewdness and
 5614  indecent exposure.
 5615         8. Section 826.04, relating to incest.
 5616         9. Section 827.03, relating to child abuse, aggravated
 5617  child abuse, or neglect of a child.
 5618         Section 134. This act shall take effect October 1, 2017.