Florida Senate - 2010 SB 2364
By Senator Dockery
15-01672-10 20102364__
1 A bill to be entitled
2 An act relating to criminal statutes; amending s.
3 775.0877, F.S., relating to the criminal transmission
4 of HIV; conforming a reference; amending s. 775.25,
5 F.S., relating to prosecutions for acts or omissions;
6 clarifying a cross-reference to a former statute;
7 amending s. 784.07, F.S.; deleting a reference to
8 “intake officer”; amending s. 815.03, F.S., relating
9 to computer-related crimes; correcting a cross
10 reference; amending s. 817.554, F.S., relating to
11 fraudulently offering tour or travel-related services;
12 correcting cross-references; amending s. 828.17, F.S.,
13 relating to arrest without warrant; removing an
14 obsolete reference; amending ss. 831.16 and 831.17,
15 F.S.; clarifying references and penalties applicable
16 to the offense of possessing counterfeit coins;
17 amending s. 831.27, F.S., relating to counterfeit
18 currency; correcting a reference; amending s. 831.30,
19 F.S., relating to fraud in obtaining drugs; correcting
20 a cross-reference; amending s. 838.021, F.S.;
21 clarifying provisions prohibiting harm or threats of
22 harm against a public servant; reenacting s. 847.0125,
23 F.S., relating to the retail display of materials
24 harmful to minors; amending s. 860.13, F.S., relating
25 to the operation of an aircraft while intoxicated or
26 in a reckless manner; correcting a reference; amending
27 s. 865.09, F.S., relating to fictitious name
28 registration; correcting a reference; amending s.
29 877.22, F.S., relating to a provision prohibiting a
30 minor from being in certain places and establishments;
31 correcting a cross-reference; amending ss. 893.02 and
32 893.10, F.S., relating to drug abuse prevention and
33 control; correcting a cross-reference; deleting an
34 obsolete provision; amending s. 914.24, F.S., relating
35 to civil action to restrain harassment of a victim or
36 witness; clarifying a cross-reference; amending ss.
37 916.12 and 916.3012, F.S., relating to mental
38 competence to proceed; clarifying provisions; amending
39 s. 918.0155, F.S., relating to the disposition of
40 certain cases involving a child; removing obsolete
41 provisions; amending s. 921.0022, F.S., relating to
42 the offense severity ranking chart of the Criminal
43 Punishment Code; conforming references; reenacting s.
44 921.141(5)(a), F.S., relating to the sentence of death
45 or life imprisonment for capital felonies; amending s.
46 921.20, F.S., relating to the classification of
47 prisoners; correcting a cross-reference; amending s.
48 932.704, F.S., relating to forfeiture proceedings;
49 removing obsolete provisions; amending s. 933.18,
50 F.S., relating to search warrants; correcting a
51 reference; amending s. 933.40, F.S., relating to
52 agriculture warrants; correcting terminology; amending
53 s. 934.03, F.S., relating to the interception of
54 electronic communications; clarifying a reference to
55 the term “public utility”; amending s. 938.15, F.S.,
56 relating to criminal justice education; clarifying a
57 reference; amending s. 943.051, F.S., relating to
58 criminal justice information; clarifying a reference
59 to a former statute; amending s. 943.053, F.S.,
60 relating to the dissemination of criminal justice
61 information; clarifying a reference; amending s.
62 943.0581, F.S., relating to administrative expunction;
63 clarifying provisions; reenacting s. 943.0582(3)(a)
64 and (5), F.S., relating to expunction of prearrest,
65 postarrest, or teen court diversion program
66 information; reenacting s. 943.135(4)(b), F.S.,
67 relating to requirements for continued employment as a
68 law enforcement officer; amending s. 944.023, F.S.,
69 relating to the comprehensive correctional master
70 plan; correcting a cross-reference; amending s.
71 944.474, F.S., relating to drug and alcohol testing of
72 correctional employees; correcting a cross-reference;
73 amending s. 944.708, F.S., relating to the adoption of
74 rules by the Department of Corrections; correcting a
75 reference; amending s. 944.801, F.S., relating to the
76 Correctional Education Program; correcting a
77 reference; reenacting s. 947.06, F.S., relating to
78 meetings of the Parole Commission; amending s. 947.16,
79 F.S., relating to eligibility for parole; correcting a
80 cross-reference; amending s. 949.071, F.S., relating
81 to parole and probation; correcting a reference;
82 amending s. 951.23, F.S., relating to county and
83 municipal detention facilities; correcting a cross
84 reference; amending s. 951.231, F.S., relating to
85 county residential probation programs; correcting a
86 cross-reference; amending s. 957.07, F.S., relating to
87 the Department of Corrections; correcting a reference;
88 amending s. 960.003, F.S., relating to HIV testing of
89 persons charged with or convicted of crimes;
90 correcting a cross-reference; amending s. 984.225,
91 F.S., relating to juvenile offenders; correcting
92 cross-references; amending s. 985.486, F.S., relating
93 to residential treatment programs for juveniles;
94 correcting cross-references; amending s. 985.632,
95 F.S., relating to quality assurance in the Department
96 of Juvenile Justice; removing obsolete provisions;
97 reenacting s. 985.686(2)(b), F.S., relating to shared
98 county and state responsibility for juvenile
99 detention; providing an effective date.
100
101 Be It Enacted by the Legislature of the State of Florida:
102
103 Section 1. Subsection (1) of section 775.0877, Florida
104 Statutes, is amended to read:
105 775.0877 Criminal transmission of HIV; procedures;
106 penalties.—
107 (1) In any case in which a person has been convicted of or
108 has pled nolo contendere or guilty to, regardless of whether
109 adjudication is withheld, any of the following offenses, or the
110 attempt thereof, which offense or attempted offense involves the
111 transmission of body fluids from one person to another:
112 (a) Section 794.011, relating to sexual battery,
113 (b) Section 826.04, relating to incest,
114 (c) Section 800.04(1), (2), and (3), relating to lewd or
115 lascivious offenses committed upon or in the presence of
116 persons, lascivious, or indecent assault or act upon any person
117 less than 16 years of age,
118 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
119 relating to assault,
120 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
121 relating to aggravated assault,
122 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
123 relating to battery,
124 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
125 relating to aggravated battery,
126 (h) Section 827.03(1), relating to child abuse,
127 (i) Section 827.03(2), relating to aggravated child abuse,
128 (j) Section 825.102(1), relating to abuse of an elderly
129 person or disabled adult,
130 (k) Section 825.102(2), relating to aggravated abuse of an
131 elderly person or disabled adult,
132 (l) Section 827.071, relating to sexual performance by
133 person less than 18 years of age,
134 (m) Sections 796.03, 796.07, and 796.08, relating to
135 prostitution, or
136 (n) Section 381.0041(11)(b), relating to donation of blood,
137 plasma, organs, skin, or other human tissue,
138
139 the court shall order the offender to undergo HIV testing, to be
140 performed under the direction of the Department of Health in
141 accordance with s. 381.004, unless the offender has undergone
142 HIV testing voluntarily or pursuant to procedures established in
143 s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
144 rule providing for HIV testing of criminal offenders or inmates,
145 subsequent to her or his arrest for an offense enumerated in
146 paragraphs (a)-(n) for which she or he was convicted or to which
147 she or he pled nolo contendere or guilty. The results of an HIV
148 test performed on an offender pursuant to this subsection are
149 not admissible in any criminal proceeding arising out of the
150 alleged offense.
151 Section 2. Section 775.25, Florida Statutes, is amended to
152 read:
153 775.25 Prosecutions for acts or omissions.—A sexual
154 predator or sexual offender who commits any act or omission in
155 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
156 944.607, or former s. 947.177 may be prosecuted for the act or
157 omission in the county in which the act or omission was
158 committed, the county of the last registered address of the
159 sexual predator or sexual offender, or the county in which the
160 conviction occurred for the offense or offenses that meet the
161 criteria for designating a person as a sexual predator or sexual
162 offender. In addition, a sexual predator may be prosecuted for
163 any such act or omission in the county in which he or she was
164 designated a sexual predator.
165 Section 3. Subsection (2) of section 784.07, Florida
166 Statutes, is amended to read:
167 784.07 Assault or battery of law enforcement officers,
168 firefighters, emergency medical care providers, public transit
169 employees or agents, or other specified officers;
170 reclassification of offenses; minimum sentences.—
171 (2) Whenever any person is charged with knowingly
172 committing an assault or battery upon a law enforcement officer,
173 a firefighter, an emergency medical care provider, a traffic
174 accident investigation officer as described in s. 316.640, a
175 nonsworn law enforcement agency employee who is certified as an
176 agency inspector, blood alcohol analyst, or a breath test
177 operator while such employee is in uniform and engaged in
178 processing, testing, evaluating, analyzing, or transporting a
179 person who is detained or under arrest for DUI, a law
180 enforcement explorer, a traffic infraction enforcement officer
181 as described in s. 316.640, a parking enforcement specialist as
182 defined in s. 316.640, a person licensed as a security officer
183 as defined in s. 493.6101 and wearing a uniform that bears at
184 least one patch or emblem that is visible at all times that
185 clearly identifies the employing agency and that clearly
186 identifies the person as a licensed security officer, or a
187 security officer employed by the board of trustees of a
188 community college, while the officer, firefighter, emergency
189 medical care provider, intake officer, traffic accident
190 investigation officer, traffic infraction enforcement officer,
191 inspector, analyst, operator, law enforcement explorer, parking
192 enforcement specialist, public transit employee or agent, or
193 security officer is engaged in the lawful performance of his or
194 her duties, the offense for which the person is charged shall be
195 reclassified as follows:
196 (a) In the case of assault, from a misdemeanor of the
197 second degree to a misdemeanor of the first degree.
198 (b) In the case of battery, from a misdemeanor of the first
199 degree to a felony of the third degree.
200 (c) In the case of aggravated assault, from a felony of the
201 third degree to a felony of the second degree. Notwithstanding
202 any other provision of law, any person convicted of aggravated
203 assault upon a law enforcement officer shall be sentenced to a
204 minimum term of imprisonment of 3 years.
205 (d) In the case of aggravated battery, from a felony of the
206 second degree to a felony of the first degree. Notwithstanding
207 any other provision of law, any person convicted of aggravated
208 battery of a law enforcement officer shall be sentenced to a
209 minimum term of imprisonment of 5 years.
210 Section 4. Subsection (11) of section 815.03, Florida
211 Statutes, is amended to read:
212 815.03 Definitions.—As used in this chapter, unless the
213 context clearly indicates otherwise:
214 (11) “Property” means anything of value as defined in s.
215 812.012 812.011 and includes, but is not limited to, financial
216 instruments, information, including electronically produced data
217 and computer software and programs in either machine-readable or
218 human-readable form, and any other tangible or intangible item
219 of value.
220 Section 5. Subsection (4) of section 817.554, Florida
221 Statutes, is amended to read:
222 817.554 Fraudulently offering for sale tour or travel
223 related services.—
224 (4) Any individual or group which meets the standards of
225 organized fraud as defined in s. 817.034 817.036 shall be
226 punished as provided in s. 817.034 817.036.
227 Section 6. Section 828.17, Florida Statutes, is amended to
228 read:
229 828.17 Officer to arrest without warrant.—Any sheriff or
230 any other peace officer of the state, or any police officer of
231 any city or town of the state, shall arrest without warrant any
232 person found violating any of the provisions of ss. 828.04,
233 828.08, 828.12, and 828.13-828.16, and the officer making the
234 arrest shall hold the offender until a warrant can be procured,
235 and he or she shall use proper diligence to procure such
236 warrant.
237 Section 7. Section 831.16, Florida Statutes, is amended to
238 read:
239 831.16 Having fewer less than 10 counterfeit coins in
240 possession, with intent to utter.—Whoever has in his or her
241 possession any number of pieces fewer less than 10 of the
242 counterfeit coin mentioned in s. 831.15 the preceding section,
243 knowing the same to be counterfeit, with intent to utter or pass
244 the same as true, or who utters, passes or tenders in payment as
245 true any such counterfeit coin, knowing the same to be false and
246 counterfeit, commits a felony of the third degree, punishable as
247 provided in s. 775.082, s. 775.083, or s. 775.084 shall be
248 punished by imprisonment in the state prison not exceeding 10
249 years, or in the county jail not exceeding 12 months, or by fine
250 not exceeding $1,000.
251 Section 8. Section 831.17, Florida Statutes, is amended to
252 read:
253 831.17 Violation of s. 831.16; second conviction.—Whoever
254 having been convicted of either of the offenses mentioned in s.
255 831.16 the preceding section, is again convicted of either of
256 the same offenses, committed after the former conviction, and
257 whoever is at the same term of the court convicted upon three
258 distinct charges of said offenses, commits a felony of the
259 second degree, punishable as provided in s. 775.082, s. 775.083,
260 or s. 775.084 shall be deemed a common utterer of counterfeit
261 coin and punished by imprisonment in the state prison not
262 exceeding 20 years.
263 Section 9. Section 831.27, Florida Statutes, is amended to
264 read:
265 831.27 Issuing notes.—Whoever issues any note, bill, order
266 or check, other than foreign bills of exchange and notes or
267 bills of some bank or company incorporated by the laws of this
268 state, or by the laws of the United States, or by the laws of
269 Canada either of the British provinces in North America, with
270 intent that the same shall be circulated as currency, shall be
271 guilty of a misdemeanor of the second degree, punishable as
272 provided in s. 775.083.
273 Section 10. Section 831.30, Florida Statutes, is amended to
274 read:
275 831.30 Medicinal drugs; fraud in obtaining.—Whoever:
276 (1) Falsely makes, alters, or forges any prescription, as
277 defined in s. 465.003 465.031(2), for a medicinal drug other
278 than a drug controlled by chapter 893;
279 (2) Knowingly causes such prescription to be falsely made,
280 altered, forged, or counterfeited; or
281 (3) Passes, utters or publishes such prescription or
282 otherwise knowingly holds out such false or forged prescription
283 as true,
284
285 with intent to obtain such drug, shall be guilty of a
286 misdemeanor of the second degree, punishable as provided in s.
287 775.082 or s. 775.083. A second or subsequent conviction shall
288 constitute a misdemeanor of the first degree, punishable as
289 provided in s. 775.082 or s. 775.083.
290 Section 11. Subsection (1) of section 838.021, Florida
291 Statutes, is amended to read:
292 838.021 Corruption by threat against public servant.—
293 (1) It is unlawful to harm or threaten to Whoever
294 unlawfully harms or threatens unlawful harm to any public
295 servant, to his or her immediate family, or to any other person
296 with whose welfare the public servant is interested, with the
297 intent or purpose:
298 (a) To influence the performance of any act or omission
299 which the person believes to be, or the public servant
300 represents as being, within the official discretion of the
301 public servant, in violation of a public duty, or in performance
302 of a public duty.
303 (b) To cause or induce the public servant to use or exert,
304 or procure the use or exertion of, any influence upon or with
305 any other public servant regarding any act or omission which the
306 person believes to be, or the public servant represents as
307 being, within the official discretion of the public servant, in
308 violation of a public duty, or in performance of a public duty.
309 Section 12. Section 847.0125, Florida Statutes, is
310 reenacted to read:
311 847.0125 Retail display of materials harmful to minors
312 prohibited.—
313 (1) “KNOWINGLY” DEFINED.—As used in this section,
314 “knowingly” means having general knowledge of, reason to know,
315 or a belief or ground for belief which warrants further
316 inspection or inquiry of both:
317 (a) The character and content of any material described
318 herein which is reasonably susceptible of examination by the
319 defendant, and
320 (b) The age of the minor; however, an honest mistake shall
321 constitute an excuse from liability hereunder if the defendant
322 made a reasonable bona fide attempt to ascertain the true age of
323 such minor.
324 (2) OFFENSES AND PENALTIES.—
325 (a) It is unlawful for anyone offering for sale in a retail
326 establishment open to the general public any book, magazine, or
327 other printed material, the cover of which depicts material
328 which is harmful to minors, to knowingly exhibit such book,
329 magazine, or material in such establishment in such a way that
330 it is on open display to, or within the convenient reach of,
331 minors who may frequent the retail establishment. Such items
332 shall, however, be displayed, either individually or
333 collectively, behind an opaque covering which conceals the book,
334 magazine, or other printed material.
335 (b) It is unlawful for anyone offering for sale in a retail
336 establishment open to the general public any book, magazine, or
337 other printed material, the content of which exploits, is
338 devoted to, or is principally made up of descriptions or
339 depictions of material which is harmful to minors, to knowingly
340 exhibit such book, magazine, or material in such establishment
341 in such a way that it is within the convenient reach of minors
342 who may frequent the retail establishment.
343 (c) A violation of any provision of this section
344 constitutes a misdemeanor of the first degree, punishable as
345 provided in s. 775.082 or s. 775.083.
346 Section 13. Subsection (4) of section 860.13, Florida
347 Statutes, is amended to read:
348 860.13 Operation of aircraft while intoxicated or in
349 careless or reckless manner; penalty.—
350 (4) It shall be the duty of any court in which there is a
351 conviction for violation of this statute to report such
352 conviction to the Federal Aviation Administration Civil
353 Aeronautics Administration for its guidance and information with
354 respect to the pilot’s certificate.
355 Section 14. Subsection (11) of section 865.09, Florida
356 Statutes, is amended to read:
357 865.09 Fictitious name registration.—
358 (11) FORMS.—Registration, cancellation, and renewal shall
359 be made on forms prescribed by the Department of State, which
360 may include the uniform business report, pursuant to s. 606.06,
361 as a means of satisfying the requirement of this section part.
362 Section 15. Subsection (4) of section 877.22, Florida
363 Statutes, is amended to read:
364 877.22 Minors prohibited in public places and
365 establishments during certain hours; penalty; procedure.—
366 (4) If a minor violates a curfew and is taken into custody,
367 the minor shall be transported immediately to a police station
368 or to a facility operated by a religious, charitable, or civic
369 organization that conducts a curfew program in cooperation with
370 a local law enforcement agency. After recording pertinent
371 information about the minor, the law enforcement agency shall
372 attempt to contact the parent of the minor and, if successful,
373 shall request that the parent take custody of the minor and
374 shall release the minor to the parent. If the law enforcement
375 agency is not able to contact the minor’s parent within 2 hours
376 after the minor is taken into custody, or if the parent refuses
377 to take custody of the minor, the law enforcement agency may
378 transport the minor to her or his residence or proceed as
379 authorized under part V II of chapter 39.
380 Section 16. Subsection (21) of section 893.02, Florida
381 Statutes, is amended to read:
382 893.02 Definitions.—The following words and phrases as used
383 in this chapter shall have the following meanings, unless the
384 context otherwise requires:
385 (21) “Prescription” means and includes an order for drugs
386 or medicinal supplies written, signed, or transmitted by word of
387 mouth, telephone, telegram, or other means of communication by a
388 duly licensed practitioner licensed by the laws of the state to
389 prescribe such drugs or medicinal supplies, issued in good faith
390 and in the course of professional practice, intended to be
391 filled, compounded, or dispensed by another person licensed by
392 the laws of the state to do so, and meeting the requirements of
393 s. 893.04. The term also includes an order for drugs or
394 medicinal supplies so transmitted or written by a physician,
395 dentist, veterinarian, or other practitioner licensed to
396 practice in a state other than Florida, but only if the
397 pharmacist called upon to fill such an order determines, in the
398 exercise of his or her professional judgment, that the order was
399 issued pursuant to a valid patient-physician relationship, that
400 it is authentic, and that the drugs or medicinal supplies so
401 ordered are considered necessary for the continuation of
402 treatment of a chronic or recurrent illness. However, if the
403 physician writing the prescription is not known to the
404 pharmacist, the pharmacist shall obtain proof to a reasonable
405 certainty of the validity of said prescription. A prescription
406 order for a controlled substance shall not be issued on the same
407 prescription blank with another prescription order for a
408 controlled substance which is named or described in a different
409 schedule, nor shall any prescription order for a controlled
410 substance be issued on the same prescription blank as a
411 prescription order for a medicinal drug, as defined in s.
412 465.003(8) 465.031(5), which does not fall within the definition
413 of a controlled substance as defined in this act.
414 Section 17. Subsection (2) of section 893.10, Florida
415 Statutes, is amended, and subsections (3) and (4) of that
416 section are redesignated as subsections (2) and (3),
417 respectively, to read:
418 893.10 Burden of proof; photograph or video recording of
419 evidence.—
420 (2) In the case of a person charged under s. 893.14(1) with
421 the possession of a controlled substance, the label required
422 under s. 893.04(1) or s. 893.05(2) is admissible in evidence and
423 prima facie evidence that such substance was obtained pursuant
424 to a valid prescription form or dispensed by a practitioner
425 while acting in the course of his or her professional practice.
426 Section 18. Paragraph (a) of subsection (2) of section
427 914.24, Florida Statutes, is amended to read:
428 914.24 Civil action to restrain harassment of a victim or
429 witness.—
430 (2)(a) A circuit court, upon motion of the state attorney,
431 shall issue a protective order prohibiting the harassment of a
432 victim or witness in a criminal case if the court, after a
433 hearing, finds by a preponderance of the evidence that
434 harassment of an identified victim or witness in a criminal case
435 exists or that such order is necessary to prevent and restrain
436 an offense under s. 914.22, other than an offense consisting of
437 misleading conduct, or to prevent and restrain an offense under
438 s. 914.23.
439 Section 19. Subsection (3) of section 916.12, Florida
440 Statutes, is amended to read:
441 916.12 Mental competence to proceed.—
442 (3) In considering the issue of competence to proceed, an
443 examining expert shall first consider and specifically include
444 in his or her report the defendant’s capacity to:
445 (a) Appreciate the charges or allegations against the
446 defendant.
447 (b) Appreciate the range and nature of possible penalties,
448 if applicable, that may be imposed in the proceedings against
449 the defendant.
450 (c) Understand the adversarial nature of the legal process.
451 (d) Disclose to counsel facts pertinent to the proceedings
452 at issue.
453 (e) Manifest appropriate courtroom behavior.
454 (f) Testify relevantly.
455
456 (g) In addition, an examining expert shall include in his or her
457 report any other factor deemed relevant by the expert.
458 Section 20. Subsection (3) of section 916.3012, Florida
459 Statutes, is amended to read:
460 916.3012 Mental competence to proceed.—
461 (3) In considering the issue of competence to proceed, the
462 examining experts shall first consider and specifically include
463 in their report the defendant’s capacity to:
464 (a) Appreciate the charges or allegations against the
465 defendant.
466 (b) Appreciate the range and nature of possible penalties,
467 if applicable, that may be imposed in the proceedings against
468 the defendant.
469 (c) Understand the adversarial nature of the legal process.
470 (d) Disclose to counsel facts pertinent to the proceedings
471 at issue.
472 (e) Manifest appropriate courtroom behavior.
473 (f) Testify relevantly.
474
475 (g) In addition, the examining experts shall consider and
476 include in their report any other factor deemed relevant by the
477 experts.
478 Section 21. Section 918.0155, Florida Statutes, is amended
479 to read:
480 918.0155 Expeditious disposition of particular criminal
481 cases involving a child under age 16.—Every criminal case
482 prosecuted under chapter 782, chapter 784, chapter 787, chapter
483 794, chapter 796, chapter 800, chapter 827, or chapter 847 which
484 involves the abuse of a child or unlawful sexual contact or acts
485 performed in the presence of, with, or upon a child under the
486 age of 16 shall be heard and disposed of as expeditiously as
487 possible. The Legislature requests the Supreme Court to adopt
488 emergency rules regarding the expeditious handling of the
489 matters enumerated in this section.
490 Section 22. Paragraphs (b) and (d) of subsection (3) of
491 section 921.0022, Florida Statutes, are amended to read:
492 921.0022 Criminal Punishment Code; offense severity ranking
493 chart.—
494 (3) OFFENSE SEVERITY RANKING CHART
495 (b) LEVEL 2
496 FloridaStatute FelonyDegree Description
497 379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
498 379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
499 403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
500 517.07 3rd Registration of securities and furnishing of prospectus required.
501 590.28(1) 3rd Willful, malicious, or Intentional burning of lands.
502 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
503 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
504 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
505 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
506 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
507 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
508 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
509 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
510 817.234(1)(a)2. 3rd False statement in support of insurance claim.
511 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
512 817.52(3) 3rd Failure to redeliver hired vehicle.
513 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
514 817.60(5) 3rd Dealing in credit cards of another.
515 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
516 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
517 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
518 831.01 3rd Forgery.
519 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
520 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
521 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
522 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
523 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
524 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
525 843.08 3rd Falsely impersonating an officer.
526 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
527 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
528
529 (d) LEVEL 4
530 FloridaStatute FelonyDegree Description
531 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
532 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
533 499.0051(2) 3rd Failure to authenticate pedigree papers.
534 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
535 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
536 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
537 784.075 3rd Battery on detention or commitment facility staff.
538 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
539 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
540 784.081(3) 3rd Battery on specified official or employee.
541 784.082(3) 3rd Battery by detained person on visitor or other detainee.
542 784.083(3) 3rd Battery on code inspector.
543 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
544 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
545 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
546 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
547 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
548 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
549 790.115(2)(c) 3rd Possessing firearm on school property.
550 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
551 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
552 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
553 810.06 3rd Burglary; possession of tools.
554 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
555 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
556 812.014(2)(c)4.-10.3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
557 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
558 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
559 817.568(2)(a) 3rd Fraudulent use of personal identification information.
560 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
561 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
562 837.02(1) 3rd Perjury in official proceedings.
563 837.021(1) 3rd Make contradictory statements in official proceedings.
564 838.022 3rd Official misconduct.
565 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
566 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
567 843.021 3rd Possession of a concealed handcuff key by a person in custody.
568 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
569 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
570 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
571 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
572 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
573 914.14(2) 3rd Witnesses accepting bribes.
574 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
575 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
576 918.12 3rd Tampering with jurors.
577 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
578 Section 23. Paragraph (a) of subsection (5) of section
579 921.141, Florida Statutes, is reenacted to read:
580 921.141 Sentence of death or life imprisonment for capital
581 felonies; further proceedings to determine sentence.—
582 (5) AGGRAVATING CIRCUMSTANCES.—Aggravating circumstances
583 shall be limited to the following:
584 (a) The capital felony was committed by a person previously
585 convicted of a felony and under sentence of imprisonment or
586 placed on community control or on felony probation.
587 Section 24. Section 921.20, Florida Statutes, is amended to
588 read:
589 921.20 Classification summary; Parole Commission.—As soon
590 as possible after a prisoner has been placed in the custody of
591 the Department of Corrections, the classification board shall
592 furnish a classification summary to the Parole Commission for
593 use as provided in s. 945.25 947.14. The summary shall include
594 the criminal, personal, social, and environmental background and
595 other relevant factors considered in classifying the prisoner
596 for a penal environment best suited for the prisoner’s rapid
597 rehabilitation.
598 Section 25. Paragraph (a) of subsection (11) of section
599 932.704, Florida Statutes, is amended to read:
600 932.704 Forfeiture proceedings.—
601 (11)(a) The Department of Law Enforcement, in consultation
602 with the Florida Sheriffs Association and the Florida Police
603 Chiefs Association, shall develop guidelines and training
604 procedures to be used by state and local law enforcement
605 agencies and state attorneys in implementing the Florida
606 Contraband Forfeiture Act. Each state or local law enforcement
607 agency that files civil forfeiture actions under the Florida
608 Contraband Forfeiture Act shall file, by December 31, 1995, a
609 certificate signed by the agency head or his or her designee,
610 which represents that the agency’s policies and procedures are
611 in compliance with the guidelines. Each state or local law
612 enforcement agency that seizes property for the purpose of
613 forfeiture shall periodically review seizures of assets made by
614 the agency’s law enforcement officers, settlements, and
615 forfeiture proceedings initiated by the agency, to determine
616 whether such seizures, settlements, and forfeitures comply with
617 the Florida Contraband Forfeiture Act and the guidelines adopted
618 under this subsection. The determination of whether an agency
619 will file a civil forfeiture action must be the sole
620 responsibility of the head of the agency or his or her designee.
621 Section 26. Subsection (7) of section 933.18, Florida
622 Statutes, is amended to read:
623 933.18 When warrant may be issued for search of private
624 dwelling.—No search warrant shall issue under this chapter or
625 under any other law of this state to search any private dwelling
626 occupied as such unless:
627 (7) One or more of the following misdemeanor child abuse
628 offenses is being committed there:
629 (a) Interference with custody, in violation of s. 787.03.
630 (b) Commission of an unnatural and lascivious act with a
631 child, in violation of s. 800.02.
632 (c) Exposure of sexual organs to a child, in violation of
633 s. 800.03. If, during a search pursuant to a warrant issued
634 under this section, a child is discovered and appears to be in
635 imminent danger, the law enforcement officer conducting such
636 search may remove the child from the private dwelling and take
637 the child into protective custody pursuant to chapter 39. The
638 term “private dwelling” shall be construed to include the room
639 or rooms used and occupied, not transiently but solely as a
640 residence, in an apartment house, hotel, boardinghouse, or
641 lodginghouse. No warrant shall be issued for the search of any
642 private dwelling under any of the conditions hereinabove
643 mentioned except on sworn proof by affidavit of some creditable
644 witness that he or she has reason to believe that one of said
645 conditions exists, which affidavit shall set forth the facts on
646 which such reason for belief is based.
647 Section 27. Subsections (5) and (8) of section 933.40,
648 Florida Statutes, are amended to read:
649 933.40 Agriculture warrants.—
650 (5) Agriculture warrants may be signed by any person
651 competent to issue search warrants under s. 933.01, either
652 manually, by signature stamp, or by electronic signature. The
653 trial court judge or magistrate, upon examination of the
654 application and proofs submitted, if satisfied that probable
655 cause exists for the issuing of one or more agriculture
656 warrants, shall issue such agriculture warrants with his or her
657 signature and office affixed thereto. Such agriculture warrants
658 may be served and executed by employees of the department, with
659 the assistance of third parties supervised by department
660 employees, and shall authorize department employees with such
661 assistance to undertake all actions authorized by the warrant.
662 (8) An agriculture warrant shall be effective for 60 days
663 and shall authorize multiple executions of the warrant prior to
664 its expiration. An agriculture warrant may be extended or
665 renewed by the trial court judge or magistrate who signed and
666 issued the original warrant upon satisfaction of such official
667 that probable cause continues to exist for the reissuance of the
668 warrant. Such warrant must be returned to the issuing official
669 prior to the expiration date specified in the warrant or within
670 the extended or renewed time.
671 Section 28. Paragraph (g) of subsection (2) of section
672 934.03, Florida Statutes, is amended to read:
673 934.03 Interception and disclosure of wire, oral, or
674 electronic communications prohibited.—
675 (2)(g) It is lawful under ss. 934.03-934.09 for an employee
676 of:
677 1. An ambulance service licensed pursuant to s. 401.25, a
678 fire station employing firefighters as defined by s. 633.30, a
679 public utility as defined by ss. 365.01 and 366.02, a law
680 enforcement agency as defined by s. 934.02(10), or any other
681 entity with published emergency telephone numbers;
682 2. An agency operating an emergency telephone number “911”
683 system established pursuant to s. 365.171; or
684 3. The central abuse hotline operated pursuant to s.
685 39.201,
686
687 to intercept and record incoming wire communications; however,
688 such employee may intercept and record incoming wire
689 communications on designated “911” telephone numbers and
690 published nonemergency telephone numbers staffed by trained
691 dispatchers at public safety answering points only. It is also
692 lawful for such employee to intercept and record outgoing wire
693 communications to the numbers from which such incoming wire
694 communications were placed when necessary to obtain information
695 required to provide the emergency services being requested. For
696 the purpose of this paragraph, the term “public utility” is
697 defined as provided in s. 366.02 and also includes a person,
698 partnership, association, or corporation now or hereafter owning
699 or operating in the state equipment or facilities for conveying
700 or transmitting messages or communications by telephone or
701 telegraph to the public for compensation.
702 Section 29. Subsection (2) of section 938.15, Florida
703 Statutes, is amended to read:
704 938.15 Criminal justice education for local government.—In
705 addition to the costs provided for in s. 938.01, municipalities
706 and counties may assess an additional $2 for expenditures for
707 criminal justice education degree programs and training courses,
708 including basic recruit training, for their respective officers
709 and employing agency support personnel, provided such education
710 degree programs and training courses are approved by the
711 employing agency administrator, on a form provided by the
712 commission, for local funding.
713 (2) The Criminal Justice Standards and Training Commission
714 may inspect and copy the documentation of independent audits
715 conducted of the municipalities and counties which make such
716 assessments to ensure that such assessments have been made and
717 that expenditures are in conformance with the requirements of
718 this subsection and with other applicable procedures.
719 Section 30. Subsection (3) of section 943.051, Florida
720 Statutes, is amended to read:
721 943.051 Criminal justice information; collection and
722 storage; fingerprinting.—
723 (3)(a) A minor who is charged with or found to have
724 committed an offense that would be a felony if committed by an
725 adult shall be fingerprinted and the fingerprints shall be
726 submitted to the department in the manner prescribed by rule.
727 (b) A minor who is charged with or found to have committed
728 the following offenses shall be fingerprinted and the
729 fingerprints shall be submitted to the department:
730 1. Assault, as defined in s. 784.011.
731 2. Battery, as defined in s. 784.03.
732 3. Carrying a concealed weapon, as defined in s. 790.01(1).
733 4. Unlawful use of destructive devices or bombs, as defined
734 in s. 790.1615(1).
735 5. Negligent treatment of children, as defined in former s.
736 827.05.
737 6. Assault or battery on a law enforcement officer, a
738 firefighter, or other specified officers, as defined in s.
739 784.07(2)(a) and (b).
740 7. Open carrying of a weapon, as defined in s. 790.053.
741 8. Exposure of sexual organs, as defined in s. 800.03.
742 9. Unlawful possession of a firearm, as defined in s.
743 790.22(5).
744 10. Petit theft, as defined in s. 812.014(3).
745 11. Cruelty to animals, as defined in s. 828.12(1).
746 12. Arson, as defined in s. 806.031(1).
747 13. Unlawful possession or discharge of a weapon or firearm
748 at a school-sponsored event or on school property as defined in
749 s. 790.115.
750 Section 31. Subsection (6) of section 943.053, Florida
751 Statutes, is amended to read:
752 943.053 Dissemination of criminal justice information;
753 fees.—
754 (6) Notwithstanding any other provision of law, the
755 department shall provide to the Florida Department of Revenue
756 Child Support Enforcement access to Florida criminal records
757 which are not exempt from disclosure under chapter 119, and to
758 such information as may be lawfully available from other states
759 via the National Law Enforcement Telecommunications System, for
760 the purpose of locating subjects who owe or potentially owe
761 support, as defined in s. 409.2554, or to whom such obligation
762 is owed pursuant to Title IV-D of the Social Security Act. Such
763 information may be provided to child support enforcement
764 authorities in other states for these specific purposes.
765 Section 32. Subsection (6) of section 943.0581, Florida
766 Statutes, is amended to read:
767 943.0581 Administrative expunction.—
768 (6) An application or endorsement under this section is not
769 admissible as evidence in any judicial or administrative
770 proceeding and may not or otherwise be construed in any way as
771 an admission of liability in connection with an arrest.
772 Section 33. Paragraph (a) of subsections (3) and subsection
773 (5) of section 943.0582, Florida Statutes, are reenacted to
774 read:
775 943.0582 Prearrest, postarrest, or teen court diversion
776 program expunction.—
777 (3) The department shall expunge the nonjudicial arrest
778 record of a minor who has successfully completed a prearrest or
779 postarrest diversion program if that minor:
780 (a) Submits an application for prearrest or postarrest
781 diversion expunction, on a form prescribed by the department,
782 signed by the minor’s parent or legal guardian, or by the minor
783 if he or she has reached the age of majority at the time of
784 applying.
785 (5) This section operates retroactively to permit the
786 expunction of any nonjudicial record of the arrest of a minor
787 who has successfully completed a prearrest or postarrest
788 diversion program on or after July 1, 2000; however, in the case
789 of a minor whose completion of the program occurred before the
790 effective date of this section, the application for prearrest or
791 postarrest diversion expunction must be submitted within 6
792 months after the effective date of this section.
793 Section 34. Paragraph (b) of subsection (4) of section
794 943.135, Florida Statutes, is reenacted to read:
795 943.135 Requirements for continued employment.—
796 (4)
797 (b) Any person who qualifies under paragraph (a) may, for
798 purposes of meeting the minimum mandatory continuing training or
799 education requirements of this section, at the option of an
800 employing agency, associate with that agency for the sole
801 purpose of securing continuing training or education as required
802 by this section and for allowing the agency to report completion
803 of the education or training to the Criminal Justice Standards
804 and Training Commission. The employing agency with which the
805 person has associated shall submit proof of completion of any
806 education or training so obtained for purposes of demonstrating
807 compliance with this section and shall indicate that the person
808 for whom the credits are reported has secured the training under
809 the special status authorized by this section. An employing
810 agency may require any person so associated to attend continuing
811 training or education at the person’s own expense and may
812 determine the courses or training that a person is to attend
813 while associated with the agency. Any person who is permitted to
814 associate with an employing agency for purposes of obtaining and
815 reporting education or continuing training credits while serving
816 in an elected or appointed public office shall not be considered
817 to be employed by the employing agency or considered by the
818 association with the employing agency to maintain an office
819 under s. 5(a), Art. II of the State Constitution.
820 Section 35. Subsection (5) of section 944.023, Florida
821 Statutes, is amended to read:
822 944.023 Comprehensive correctional master plan.—
823 (5) The comprehensive correctional master plan shall
824 project by year the total operating and capital outlay costs
825 necessary for constructing a sufficient number of prison beds to
826 avoid a deficiency in prison beds. Included in the master plan
827 which projects operating and capital outlay costs shall be a
828 siting plan which shall assess, rank, and designate appropriate
829 sites pursuant to s. 944.095(2)(a)-(k). The master plan shall
830 include an assessment of the department’s current capability for
831 providing the degree of security necessary to ensure public
832 safety and should reflect the levels of security needed for the
833 forecasted admissions of various types of offenders based upon
834 sentence lengths and severity of offenses. The plan shall also
835 provide construction options for targeting violent and habitual
836 offenders for incarceration while providing specific
837 alternatives for the various categories of lesser offenders.
838 Section 36. Subsection (2) of section 944.474, Florida
839 Statutes, is amended to read:
840 944.474 Legislative intent; employee wellness program; drug
841 and alcohol testing.—
842 (2) Under no circumstances shall employees of the
843 department test positive for illegal use of controlled
844 substances. An employee of the department may not be under the
845 influence of alcohol while on duty. In order to ensure that
846 these prohibitions are adhered to by all employees of the
847 department and notwithstanding s. 112.0455, the department may
848 develop a program for the random drug testing of all employees.
849 The department may randomly evaluate employees for the
850 contemporaneous use or influence of alcohol through the use of
851 alcohol tests and observation methods. Notwithstanding s.
852 112.0455(5)(a), the department may develop a program for the
853 reasonable suspicion drug testing of employees who are in
854 safety-sensitive or special risk positions, as defined in s.
855 112.0455(5), for the controlled substances listed in s.
856 893.03(3)(d). The reasonable suspicion drug testing authorized
857 by this subsection shall be conducted in accordance with s.
858 112.0455, but may also include testing upon reasonable suspicion
859 based on violent acts or violent behavior of an employee who is
860 on or off duty. The department shall adopt rules pursuant to ss.
861 120.536(1) and 120.54 that are necessary to administer this
862 subsection.
863 Section 37. Section 944.708, Florida Statutes, is amended
864 to read:
865 944.708 Rules.—The Department of Corrections and the Agency
866 for Workforce Innovation Department of Labor and Employment
867 Security shall adopt promulgate rules to implement the
868 provisions of ss. 944.701-944.707.
869 Section 38. Paragraph (h) of subsection (3) of section
870 944.801, Florida Statutes, is amended to read:
871 944.801 Education for state prisoners.—
872 (3) The responsibilities of the Correctional Education
873 Program shall be to:
874 (h) Develop a written procedure for selecting programs to
875 add to or delete from the vocational curriculum. The procedure
876 shall include labor market analyses which demonstrate the
877 projected demand for certain occupations and the projected
878 supply of potential employees. In conducting these analyses, the
879 department shall evaluate the feasibility of adding vocational
880 education programs which have been identified by the Agency for
881 Workforce Innovation Department of Labor and Employment Security
882 or a regional coordinating council as being in undersupply in
883 this state. The department shall periodically reevaluate the
884 vocational education programs in major institutions to determine
885 which of the programs support and provide relevant skills to
886 inmates who could be assigned to a correctional work program
887 that is operated as a Prison Industry Enhancement Program.
888 Section 39. Section 947.06, Florida Statutes, is reenacted
889 to read:
890 947.06 Meeting; when commission may act.—The commission
891 shall meet at regularly scheduled intervals and from time to
892 time as may otherwise be determined by the chair. The making of
893 recommendations to the Governor and Cabinet in matters relating
894 to modifications of acts and decisions of the chair as provided
895 in s. 947.04(1) shall be by a majority vote of the commission.
896 No prisoner shall be placed on parole except as provided in ss.
897 947.172 and 947.174 by a panel of no fewer than two
898 commissioners appointed by the chair. All matters relating to
899 the granting, denying, or revoking of parole shall be decided in
900 a meeting at which the public shall have the right to be
901 present. Victims of the crime committed by the inmate shall be
902 permitted to make an oral statement or submit a written
903 statement regarding their views as to the granting, denying, or
904 revoking of parole. Persons not members or employees of the
905 commission or victims of the crime committed by the inmate may
906 be permitted to participate in deliberations concerning the
907 granting and revoking of paroles only upon the prior written
908 approval of the chair of the commission. To facilitate the
909 ability of victims and other persons to attend commission
910 meetings, the commission shall meet in various counties
911 including, but not limited to, Broward, Duval, Escambia,
912 Hillsborough, Leon, Miami-Dade, Orange, and Palm Beach, with the
913 location chosen being as close as possible to the location where
914 the parole-eligible inmate committed the offense for which the
915 parole-eligible inmate was sentenced. The commission shall adopt
916 rules governing the oral participation of victims and the
917 submission of written statements by victims.
918 Section 40. Paragraph (a) of subsection (4) of section
919 947.16, Florida Statutes, is amended to read:
920 947.16 Eligibility for parole; initial parole interviews;
921 powers and duties of commission.—
922 (4) A person who has become eligible for an initial parole
923 interview and who may, according to the objective parole
924 guidelines of the commission, be granted parole shall be placed
925 on parole in accordance with the provisions of this law; except
926 that, in any case of a person convicted of murder, robbery,
927 burglary of a dwelling or burglary of a structure or conveyance
928 in which a human being is present, aggravated assault,
929 aggravated battery, kidnapping, sexual battery or attempted
930 sexual battery, incest or attempted incest, an unnatural and
931 lascivious act or an attempted unnatural and lascivious act,
932 lewd and lascivious behavior, assault or aggravated assault when
933 a sexual act is completed or attempted, battery or aggravated
934 battery when a sexual act is completed or attempted, arson, or
935 any felony involving the use of a firearm or other deadly weapon
936 or the use of intentional violence, at the time of sentencing
937 the judge may enter an order retaining jurisdiction over the
938 offender for review of a commission release order. This
939 jurisdiction of the trial court judge is limited to the first
940 one-third of the maximum sentence imposed. When any person is
941 convicted of two or more felonies and concurrent sentences are
942 imposed, then the jurisdiction of the trial court judge as
943 provided herein applies to the first one-third of the maximum
944 sentence imposed for the highest felony of which the person was
945 convicted. When any person is convicted of two or more felonies
946 and consecutive sentences are imposed, then the jurisdiction of
947 the trial court judge as provided herein applies to one-third of
948 the total consecutive sentences imposed.
949 (a) In retaining jurisdiction for the purposes of this act,
950 the trial court judge shall state the justification with
951 individual particularity, and such justification shall be made a
952 part of the court record. A copy of such justification shall be
953 delivered to the department together with the commitment issued
954 by the court pursuant to s. 944.17 944.16.
955 Section 41. Subsection (2) of section 949.071, Florida
956 Statutes, is amended to read:
957 949.071 Definition of “state” as used in s. 949.07; further
958 declaration relating to interstate compacts.—
959 (2) It is hereby recognized and further declared that
960 pursuant to the consent and authorization contained in s. 112
961 111(b) of Title 4 of the United States Code as added by Pub. L.
962 No. 970-84th Congress, Ch. 941-2d Session, this state shall be a
963 party to the Interstate Compact for Adult Offender Supervision,
964 with any additional jurisdiction legally joining in the compact
965 when such jurisdiction enacts the compact in accordance with the
966 terms thereof.
967 Section 42. Subsection (9) of section 951.23, Florida
968 Statutes, is amended to read:
969 951.23 County and municipal detention facilities;
970 definitions; administration; standards and requirements.—
971 (9) INMATE COMMISSARY AND WELFARE FUND.—
972 (a) A commissary may be operated in the detention facility.
973 If a commissary is established, then an inmate welfare fund
974 shall also be established. The officer in charge will establish
975 a procedure for providing commissary or canteen facilities or
976 access to canteen items for the benefit of the inmate. The
977 commissary or canteen shall not sell food that competes with the
978 detention facility food program. It is recommended that inmates
979 routinely carry no money and that a check-off system from their
980 account be implemented. If money is permitted, a limit shall be
981 set and all money in possession in excess of that limit shall be
982 confiscated and deposited immediately in the inmate welfare
983 fund, if there is one, unless it is needed as evidence in a
984 trial or disciplinary hearing. If a detention facility does not
985 have an inmate welfare fund, confiscated moneys shall be
986 receipted and placed in the inmate’s personal property or inmate
987 bank account. A shopping list shall be developed and printed for
988 the information of all inmates with the prices and special
989 conditions governing each sale shown clearly on such a list.
990 Valuable items purchased by inmates shall be added to their
991 personal property list after purchase and marked for
992 identification.
993 (b) Canteen prices shall be set so as not to exceed the
994 fair market value for comparable products sold in the community
995 where the facility is located.
996 (c) Expenses involved in the commissary operation,
997 including compensation for commissary employees and gratuities
998 for inmates who may assist such employees, may be paid from the
999 profit.
1000 (d) Profits from the commissary shall be used for overall
1001 inmate welfare, and an inmate welfare fund committee shall
1002 recommend what expenditures are to be made. Activities of the
1003 committee shall be reviewed by the officer in charge who shall
1004 have final authority on expenditures. It is recommended that the
1005 jail chaplain be a member of the committee.
1006 (e) The officer in charge shall be responsible for an audit
1007 of the fiscal management of the commissary by a disinterested
1008 party on an annual basis, which shall include certification of
1009 compliance with the pricing requirements of paragraph (1)(b)
1010 above. Appropriate transaction records and stock inventory shall
1011 be kept current.
1012 Section 43. Paragraph (c) of subsection (1) of section
1013 951.231, Florida Statutes, is amended to read:
1014 951.231 County residential probation program.—
1015 (1) Any prisoner who has been sentenced under s. 921.18 to
1016 serve a sentence in a county residential probation center as
1017 described in s. 951.23 shall:
1018 (c) Participate in and complete the program required by s.
1019 958.045 958.04(4), if required by the supervisor of the center.
1020 Section 44. Subsection (4) of section 957.07, Florida
1021 Statutes, is amended to read:
1022 957.07 Cost-saving requirements.—
1023 (4) The Department of Corrections shall provide a report
1024 detailing the state cost to design, finance, acquire, lease,
1025 construct, and operate a facility similar to the private
1026 correctional facility on a per diem basis. This report shall be
1027 provided to the Auditor General in sufficient time that it may
1028 be certified to the Department of Management Services commission
1029 to be included in the request for proposals.
1030 Section 45. Subsection (3) of section 960.003, Florida
1031 Statutes, is amended to read:
1032 960.003 HIV testing for persons charged with or alleged by
1033 petition for delinquency to have committed certain offenses;
1034 disclosure of results to victims.—
1035 (3) DISCLOSURE OF RESULTS.—
1036 (a) The results of the test shall be disclosed no later
1037 than 2 weeks after the court receives such results, under the
1038 direction of the Department of Health, to the person charged
1039 with or alleged by petition for delinquency to have committed or
1040 to the person convicted of or adjudicated delinquent for any
1041 offense enumerated in s. 775.0877(1)(a)-(n), which involves the
1042 transmission of body fluids from one person to another, and,
1043 upon request, to the victim or the victim’s legal guardian, or
1044 the parent or legal guardian of the victim if the victim is a
1045 minor, and to public health agencies pursuant to s. 775.0877. If
1046 the alleged offender is a juvenile, the test results shall also
1047 be disclosed to the parent or guardian. When the victim is a
1048 victim as described in paragraph (2)(b), the test results must
1049 also be disclosed no later than 2 weeks after the court receives
1050 such results, to the person charged with or alleged by petition
1051 for delinquency to have committed or to the person convicted of
1052 or adjudicated delinquent for any offense enumerated in s.
1053 775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
1054 offense involves the transmission of bodily fluids from one
1055 person to another, and, upon request, to the victim or the
1056 victim’s legal guardian, or the parent or legal guardian of the
1057 victim, and to public health agencies pursuant to s. 775.0877.
1058 Otherwise, HIV test results obtained pursuant to this section
1059 are confidential and exempt from the provisions of s. 119.07(1)
1060 and s. 24(a), Art. I of the State Constitution and shall not be
1061 disclosed to any other person except as expressly authorized by
1062 law or court order.
1063 (b) At the time that the results are disclosed to the
1064 victim or the victim’s legal guardian, or to the parent or legal
1065 guardian of a victim if the victim is a minor, the same
1066 immediate opportunity for face-to-face counseling which must be
1067 made available under s. 381.004(3)(e) to those who undergo HIV
1068 testing shall also be afforded to the victim or the victim’s
1069 legal guardian, or to the parent or legal guardian of the victim
1070 if the victim is a minor.
1071 Section 46. Subsections (6) and (7) of section 984.225,
1072 Florida Statutes, are amended to read:
1073 984.225 Powers of disposition; placement in a staff-secure
1074 shelter.—
1075 (6) The department is deemed to have exhausted the
1076 reasonable remedies offered under this chapter if, at the end of
1077 the commitment period, the parent, guardian, or legal custodian
1078 continues to refuse to allow the child to remain at home or
1079 creates unreasonable conditions for the child’s return. If, at
1080 the end of the commitment period, the child is not reunited with
1081 his or her parent, guardian, or custodian due solely to the
1082 continued refusal of the parent, guardian, or custodian to
1083 provide food, clothing, shelter, and parental support, the child
1084 is considered to be threatened with harm as a result of such
1085 acts or omissions, and the court shall direct that the child be
1086 handled in every respect as a dependent child. Jurisdiction
1087 shall be transferred to the Department of Children and Family
1088 Services and the child’s care shall be governed under the
1089 relevant provisions parts II and III of chapter 39.
1090 (7) The court shall review the child’s commitment once
1091 every 45 days as provided in s. 984.20. The court shall
1092 determine if the parent, guardian, or custodian has reasonably
1093 participated in and financially contributed to the child’s
1094 counseling and treatment program. The court shall also determine
1095 whether the department’s efforts to reunite the family have been
1096 reasonable. If the court finds an inadequate level of support or
1097 participation by the parent, guardian, or custodian prior to the
1098 end of the commitment period, the court shall direct that the
1099 child be handled in every respect as a dependent child.
1100 Jurisdiction shall be transferred to the Department of Children
1101 and Family Services and the child’s care shall be governed under
1102 the relevant provisions parts II and III of chapter 39.
1103 Section 47. Section 985.486, Florida Statutes, is amended
1104 to read:
1105 985.486 Intensive residential treatment programs for
1106 offenders less than 13 years of age; prerequisite for
1107 commitment.—No child who is eligible for commitment to an
1108 intensive residential treatment program for offenders less than
1109 13 years of age under s. 985.483 as established in s.
1110 985.483(1), may be committed to any intensive residential
1111 treatment program for offenders less than 13 years of age under
1112 s. 985.483 as established in s. 985.483, unless such program has
1113 been established by the department through existing resources or
1114 specific appropriation, for such program.
1115 Section 48. Paragraph (a) of subsection (4) and subsection
1116 (7) of section 985.632, Florida Statutes, are amended to read:
1117 985.632 Quality assurance and cost-effectiveness.—
1118 (4)(a) The Department of Juvenile Justice, in consultation
1119 with the Office of Economic and Demographic Research, and
1120 contract service providers, shall develop a cost-effectiveness
1121 model and apply the model to each commitment program. Program
1122 recidivism rates shall be a component of the model. The cost
1123 effectiveness model shall compare program costs to client
1124 outcomes and program outputs. It is the intent of the
1125 Legislature that continual development efforts take place to
1126 improve the validity and reliability of the cost-effectiveness
1127 model and to integrate the standard methodology developed under
1128 s. 985.401(4) for interpreting program outcome evaluations.
1129 (7) No later than November 1, 2001, the department shall
1130 submit a proposal to the Legislature concerning funding
1131 incentives and disincentives for the department and for
1132 providers under contract with the department. The
1133 recommendations for funding incentives and disincentives shall
1134 be based upon both quality assurance performance and cost
1135 effectiveness performance. The proposal should strive to achieve
1136 consistency in incentives and disincentives for both department
1137 operated and contractor-provided programs. The department may
1138 include recommendations for the use of liquidated damages in the
1139 proposal; however, the department is not presently authorized to
1140 contract for liquidated damages in non-hardware-secure
1141 facilities until January 1, 2002.
1142 Section 49. Paragraph (b) of subsection (2) of section
1143 985.686, Florida Statutes, is reenacted to read:
1144 985.686 Shared county and state responsibility for juvenile
1145 detention.—
1146 (2) As used in this section, the term:
1147 (b) “Fiscally constrained county” means a county within a
1148 rural area of critical economic concern as designated by the
1149 Governor pursuant to s. 288.0656 or each county for which the
1150 value of a mill will raise no more than $5 million in revenue,
1151 based on the certified school taxable value certified pursuant
1152 to s. 1011.62(4)(a)1.a., from the previous July 1.
1153 Section 50. This act shall take effect July 1, 2010.