Florida Senate - 2014                             CS for SB 1440
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Flores
       
       
       
       
       586-03529-14                                          20141440c1
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; amending s.
    3         450.021, F.S.; prohibiting the employment of minors in
    4         adult theaters; amending s. 450.045, F.S.; requiring
    5         adult theaters to verify the ages of employees and
    6         independent contractors and maintain specified
    7         documentation; amending s. 775.15, F.S.; eliminating
    8         the statute of limitations for prosecutions under a
    9         specified human trafficking provision; providing
   10         applicability; amending s. 787.06, F.S.; revising and
   11         providing penalties for various human trafficking
   12         offenses against minors and adults; amending s.
   13         775.082, F.S.; providing a life sentence for a
   14         specified felony; creating s. 796.001, F.S.; providing
   15         legislative intent concerning prosecutions of certain
   16         offenses by adults involving minors; repealing ss.
   17         796.03, 796.035, and 796.036, F.S., relating to
   18         procuring a person under the age of 18 for
   19         prostitution, selling or buying of minors into
   20         prostitution, and reclassification of certain
   21         violations involving minors, respectively; amending
   22         ss. 796.05 and 796.07, F.S.; revising and providing
   23         penalties for various prostitution offenses; amending
   24         s. 943.0583, F.S.; providing for expunction of
   25         criminal history records of certain criminal charges
   26         against victims of human trafficking that did not
   27         result in convictions; requiring destruction of
   28         investigative records related to such expunged
   29         records; amending s. 921.0022, F.S.; conforming
   30         provisions of the offense severity ranking chart of
   31         the Criminal Punishment Code to changes made by the
   32         act; amending ss. 39.01, 90.404, 772.102, 775.0877,
   33         775.21, 787.01, 787.02, 794.056, 856.022, 895.02,
   34         938.085, 938.10, 943.0435, 943.0585, 943.059, 944.606,
   35         944.607, 948.013, and 948.32, F.S.; conforming cross
   36         references; providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Subsection (5) is added to section 450.021,
   41  Florida Statutes, to read:
   42         450.021 Minimum age; general.—
   43         (5) In order to better ensure the elimination of minors
   44  being exploited and becoming victims of human trafficking, a
   45  person under the age of 18, whether or not such person’s
   46  disabilities of nonage have been removed by marriage or
   47  otherwise, may not be employed, permitted, or suffered to work
   48  in an adult theater, as defined in s. 847.001(2)(b).
   49         Section 2. Subsection (3) is added to section 450.045,
   50  Florida Statutes, to read:
   51         450.045 Proof of identity and age; posting of notices.—
   52         (3)(a) In order to provide the department and law
   53  enforcement agencies the means to more effectively identify,
   54  investigate, and arrest persons engaging in human trafficking,
   55  an adult theater, as defined in s. 847.001(2)(b), shall obtain
   56  proof of the identity and age of each of its employees or
   57  independent contractors, and shall verify the validity of the
   58  identification and age verification document with the issuer,
   59  before his or her employment or provision of services as an
   60  independent contractor.
   61         (b) The adult theater shall obtain and keep on record a
   62  photocopy of the person’s driver license or state or federal
   63  government-issued photo identification card, along with a record
   64  of the verification of the validity of the identification and
   65  age verification document with the issuer, during the entire
   66  period of employment or business relationship with the
   67  independent contractor and for at least 3 years after the
   68  employee or independent contractor ceases employment or the
   69  provision of services.
   70         (c) The department and its agents have the authority to
   71  enter during operating hours, unannounced and without prior
   72  notice, and inspect at any time a place or establishment covered
   73  by this subsection and to have access to age verification
   74  documents kept on file by the adult theater and such other
   75  records as may aid in the enforcement of this subsection.
   76         Section 3. Subsection (18) is added to section 775.15,
   77  Florida Statutes, to read:
   78         775.15 Time limitations; general time limitations;
   79  exceptions.—
   80         (18) A prosecution for a violation of s. 787.06 may be
   81  commenced at any time. This subsection applies to any such
   82  offense except an offense the prosecution of which would have
   83  been barred by subsection (2) on or before October 1, 2014.
   84         Section 4. Subsections (3) and (4) of section 787.06,
   85  Florida Statutes, are amended, and subsection (8) is added to
   86  that section, to read:
   87         787.06 Human trafficking.—
   88         (3) Any person who knowingly, or in reckless disregard of
   89  the facts, engages in human trafficking, or attempts to engage
   90  in human trafficking, or benefits financially by receiving
   91  anything of value from participation in a venture that has
   92  subjected a person to human trafficking:
   93         (a)1.Using coercion For labor or services of any child
   94  under the age of 18 commits a felony of the first degree,
   95  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   96         2. Using coercion for labor or services of an adult commits
   97  a felony of the first degree, punishable as provided in s.
   98  775.082, s. 775.083, or s. 775.084.
   99         (b) Using coercion for commercial sexual activity of an
  100  adult commits a felony of the first degree, punishable as
  101  provided in s. 775.082, s. 775.083, or s. 775.084.
  102         (c)1.Using coercion For labor or services of any child
  103  under the age of 18 individual who is an unauthorized alien
  104  commits a felony of the first degree, punishable as provided in
  105  s. 775.082, s. 775.083, or s. 775.084.
  106         2. Using coercion for labor or services of an adult who is
  107  an unauthorized alien commits a felony of the first degree,
  108  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  109         (d) Using coercion for commercial sexual activity of an
  110  adult any individual who is an unauthorized alien commits a
  111  felony of the first degree, punishable as provided in s.
  112  775.082, s. 775.083, or s. 775.084.
  113         (e)1.Using coercion For labor or services who does so by
  114  the transfer or transport of any child under the age of 18
  115  individual from outside this state to within the state commits a
  116  felony of the first degree, punishable as provided in s.
  117  775.082, s. 775.083, or s. 775.084.
  118         2. Using coercion for labor or services who does so by the
  119  transfer or transport of an adult from outside this state to
  120  within the state commits a felony of the first degree,
  121  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  122         (f)1.Using coercion For commercial sexual activity who
  123  does so by the transfer or transport of any child under the age
  124  of 18 individual from outside this state to within the state
  125  commits a felony of the first degree, punishable by imprisonment
  126  for a term of years not exceeding life, or as provided in s.
  127  775.082, s. 775.083, or s. 775.084.
  128         2. Using coercion for commercial sexual activity who does
  129  so by the transfer or transport of an adult from outside this
  130  state to within the state commits a felony of the first degree,
  131  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  132         (g) For commercial sexual activity in which any child under
  133  the age of 18, or in which any person who is mentally defective
  134  or mentally incapacitated as those terms are defined in s.
  135  794.011(1), is involved commits a life felony of the first
  136  degree, punishable by imprisonment for a term of years not
  137  exceeding life, or as provided in s. 775.082(3)(a)5. 775.082, s.
  138  775.083, or s. 775.084. In a prosecution under this paragraph in
  139  which the defendant had a reasonable opportunity to observe the
  140  person who was subject to human trafficking, the state need not
  141  prove that the defendant knew that the person had not attained
  142  the age of 18 years.
  143         (h) For commercial sexual activity in which any child under
  144  the age of 15 is involved commits a life felony, punishable as
  145  provided in s. 775.082, s. 775.083, or s. 775.084. In a
  146  prosecution under this paragraph in which the defendant had a
  147  reasonable opportunity to observe the person who was subject to
  148  human trafficking, the state need not prove that the defendant
  149  knew that the person had not attained the age of 15 years.
  150  
  151  For each instance of human trafficking of any individual under
  152  this subsection, a separate crime is committed and a separate
  153  punishment is authorized.
  154         (4)(a) Any parent, legal guardian, or other person having
  155  custody or control of a minor who sells or otherwise transfers
  156  custody or control of such minor, or offers to sell or otherwise
  157  transfer custody of such minor, with knowledge or in reckless
  158  disregard of the fact that, as a consequence of the sale or
  159  transfer, the minor will be subject to human trafficking commits
  160  a life first degree felony, punishable as provided in s.
  161  775.082, s. 775.083, or s. 775.084.
  162         (b) Any person who permanently brands, or directs to be
  163  branded, a victim of an offense under this section commits a
  164  second degree felony, punishable as provided in s. 775.082, s.
  165  775.083, or s. 775.084. For purposes of this subsection, the
  166  term “permanently branded” means a mark on the individual’s body
  167  that, if it can be removed or repaired at all, can only be
  168  removed or repaired by surgical means, laser treatment, or other
  169  medical procedure.
  170         (8) In a prosecution under this section, the defendant’s
  171  ignorance of the victim’s age, the victim’s misrepresentation of
  172  his or her age, or the defendant’s bona fide belief of the
  173  victim’s age cannot be raised as a defense.
  174         Section 5. Paragraph (a) of subsection (3) of section
  175  775.082, Florida Statutes, is amended to read:
  176         775.082 Penalties; applicability of sentencing structures;
  177  mandatory minimum sentences for certain reoffenders previously
  178  released from prison.—
  179         (3) A person who has been convicted of any other designated
  180  felony may be punished as follows:
  181         (a)1. For a life felony committed prior to October 1, 1983,
  182  by a term of imprisonment for life or for a term of years not
  183  less than 30.
  184         2. For a life felony committed on or after October 1, 1983,
  185  by a term of imprisonment for life or by a term of imprisonment
  186  not exceeding 40 years.
  187         3. Except as provided in subparagraph 4., for a life felony
  188  committed on or after July 1, 1995, by a term of imprisonment
  189  for life or by imprisonment for a term of years not exceeding
  190  life imprisonment.
  191         4.a. Except as provided in sub-subparagraph b., for a life
  192  felony committed on or after September 1, 2005, which is a
  193  violation of s. 800.04(5)(b), by:
  194         (I) A term of imprisonment for life; or
  195         (II) A split sentence that is a term of not less than 25
  196  years’ imprisonment and not exceeding life imprisonment,
  197  followed by probation or community control for the remainder of
  198  the person’s natural life, as provided in s. 948.012(4).
  199         b. For a life felony committed on or after July 1, 2008,
  200  which is a person’s second or subsequent violation of s.
  201  800.04(5)(b), by a term of imprisonment for life.
  202         5. For a life felony committed on or after October 1, 2014,
  203  which is a violation of s. 787.06(3)(g), by a term of
  204  imprisonment for life.
  205         Section 6. Section 796.001, Florida Statutes, is created to
  206  read:
  207         796.001 Offenses by adults involving minors; intent.—It is
  208  the intent of the Legislature that adults who involve minors in
  209  any behavior prohibited under this chapter be prosecuted under
  210  other laws of this state, such as, but not limited to, s.
  211  787.06, chapter 794, chapter 800, s. 810.145, chapter 827, and
  212  chapter 847. The Legislature finds that prosecution of such
  213  adults under this chapter is inappropriate since a minor is
  214  unable to consent to such behavior.
  215         Section 7. Sections 796.03, 796.035, and 796.036, Florida
  216  Statutes, are repealed.
  217         Section 8. Section 796.05, Florida Statutes, is amended to
  218  read:
  219         796.05 Deriving support from the proceeds of prostitution.—
  220         (1) It shall be unlawful for any person with reasonable
  221  belief or knowing another person is engaged in prostitution to
  222  live or derive support or maintenance in whole or in part from
  223  what is believed to be the earnings or proceeds of such person’s
  224  prostitution.
  225         (2) Anyone violating this section commits:
  226         (a) For a first offense, a felony of the second third
  227  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  228  775.084.
  229         (b) For a second offense, a felony of the first degree,
  230  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  231         (c) For a third or subsequent offense, a felony of the
  232  first degree punishable as provided in s. 775.082, s. 775.083,
  233  or s. 775.084, with a mandatory minimum term of imprisonment of
  234  10 years.
  235         Section 9. Subsection (2) and subsections (4) through (6)
  236  of section 796.07, Florida Statutes, are amended to read:
  237         796.07 Prohibiting prostitution and related acts.—
  238         (2) It is unlawful:
  239         (a) To own, establish, maintain, or operate any place,
  240  structure, building, or conveyance for the purpose of lewdness,
  241  assignation, or prostitution.
  242         (b) To offer, or to offer or agree to secure, another for
  243  the purpose of prostitution or for any other lewd or indecent
  244  act.
  245         (c) To receive, or to offer or agree to receive, any person
  246  into any place, structure, building, or conveyance for the
  247  purpose of prostitution, lewdness, or assignation, or to permit
  248  any person to remain there for such purpose.
  249         (d) To direct, take, or transport, or to offer or agree to
  250  direct, take, or transport, any person to any place, structure,
  251  or building, or to any other person, with knowledge or
  252  reasonable cause to believe that the purpose of such directing,
  253  taking, or transporting is prostitution, lewdness, or
  254  assignation.
  255         (e) To offer to commit, or to commit, or to engage in,
  256  prostitution, lewdness, or assignation.
  257         (f) To solicit, induce, entice, or procure another to
  258  commit prostitution, lewdness, or assignation.
  259         (g) To reside in, enter, or remain in, any place,
  260  structure, or building, or to enter or remain in any conveyance,
  261  for the purpose of prostitution, lewdness, or assignation.
  262         (h) To aid or, abet, or participate in any of the acts or
  263  things enumerated in this subsection.
  264         (i) To purchase the services of any person engaged in
  265  prostitution.
  266         (4) A person who violates paragraph (2)(e) or (g) any
  267  provision of this section commits:
  268         (a) A misdemeanor of the second degree for a first
  269  violation, punishable as provided in s. 775.082 or s. 775.083.
  270         (b) A misdemeanor of the first degree for a second
  271  violation, punishable as provided in s. 775.082 or s. 775.083.
  272         (c) A felony of the third degree for a third or subsequent
  273  violation, punishable as provided in s. 775.082, s. 775.083, or
  274  s. 775.084.
  275         (5)(a) A person who violates paragraphs (2)(a), (b), (c),
  276  (d), (f), (h), or (i) commits:
  277         1. For a first offense, a felony of the third degree,
  278  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  279         2. For a second offense, a felony of the second degree,
  280  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  281         3. For a third or subsequent offense, a felony of the first
  282  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  283  775.084. A person who is charged with a third or subsequent
  284  violation of this section shall be offered admission to a
  285  pretrial intervention program or a substance abuse treatment
  286  program as provided in s. 948.08.
  287         (6) A person who violates paragraphs (2)(a), (b), (c), (d),
  288  (f), (h), or (i) paragraph (2)(f) shall be assessed a criminal
  289  civil penalty of $5,000 if the violation results in any judicial
  290  disposition other than acquittal or dismissal. Of the proceeds
  291  from each penalty assessed under this subsection, the first $500
  292  shall be paid to the circuit court administrator for the sole
  293  purpose of paying the administrative costs of treatment-based
  294  drug court programs provided under s. 397.334. The remainder of
  295  the penalty assessed shall be deposited in the Operations and
  296  Maintenance Trust Fund of the Department of Children and Family
  297  Services for the sole purpose of funding safe houses and short
  298  term safe houses as provided in s. 409.1678.
  299         Section 10. Subsection (3), paragraph (a) of subsection
  300  (8), and paragraph (a) of subsection (10) of section 943.0583,
  301  Florida Statutes, are amended to read:
  302         943.0583 Human trafficking victim expunction.—
  303         (3) A person who is a victim of human trafficking may
  304  petition for the expunction of a criminal history record
  305  resulting from the arrest or filing of charges any conviction
  306  for an offense committed or reported to have been committed
  307  while the person he or she was a victim of human trafficking,
  308  which offense was committed or reported to have been committed
  309  as a part of the human trafficking scheme of which the person he
  310  or she was a victim or at the direction of an operator of the
  311  scheme, including, but not limited to, violations under chapters
  312  796 and 847, without regard to the disposition of the arrest or
  313  of any charges. However, this section does not apply to any
  314  offense listed in s. 775.084(1)(b)1. Determination of the
  315  petition under this section should be by a preponderance of the
  316  evidence. A conviction expunged under this section is deemed to
  317  have been vacated due to a substantive defect in the underlying
  318  criminal proceedings. If a person is adjudicated not guilty by
  319  reason of insanity or is found to be incompetent to stand trial
  320  for any such charge, the expunction of the criminal history
  321  record may not prevent the entry of the judgment or finding in
  322  state and national databases for use in determining eligibility
  323  to purchase or possess a firearm or to carry a concealed
  324  firearm, as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s.
  325  922(t), nor shall it prevent any governmental agency that is
  326  authorized by state or federal law to determine eligibility to
  327  purchase or possess a firearm or to carry a concealed firearm
  328  from accessing or using the record of the judgment or finding in
  329  the course of such agency’s official duties.
  330         (8)(a) Any criminal history record of a minor or an adult
  331  that is ordered expunged by the court of original jurisdiction
  332  over the charges crime sought to be expunged pursuant to this
  333  section must be physically destroyed or obliterated by any
  334  criminal justice agency having custody of such record, except
  335  that any criminal history record in the custody of the
  336  department must be retained in all cases.
  337         (10)(a) A criminal history record ordered expunged under
  338  this section that is retained by the department is confidential
  339  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  340  Constitution, except that the record shall be made available to
  341  criminal justice agencies for their respective criminal justice
  342  purposes and to any governmental agency that is authorized by
  343  state or federal law to determine eligibility to purchase or
  344  possess a firearm or to carry a concealed firearm for use in the
  345  course of such agency’s official duties. Otherwise, such record
  346  shall not be disclosed to any person or entity except upon order
  347  of a court of competent jurisdiction. A criminal justice agency
  348  may retain a notation indicating compliance with an order to
  349  expunge.
  350         Section 11. Paragraphs (c), (e), and (g) through (j) of
  351  subsection (3) of section 921.0022, Florida Statutes, are
  352  amended to read:
  353         921.0022 Criminal Punishment Code; offense severity ranking
  354  chart.—
  355         (3) OFFENSE SEVERITY RANKING CHART
  356         (c) LEVEL 3
  357  
  358  
  359  FloridaStatute    FelonyDegree           Description            
  360  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
  361  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
  362  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
  363  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  364  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  365  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  366  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
  367  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  368  327.35(2)(b)         3rd   Felony BUI.                       
  369  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  370  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  371  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  372  379.2431 (1)(e)5.    3rd   Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  373  379.2431 (1)(e)6.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  374  400.9935(4)          3rd   Operating a clinic without a license or filing false license application or other required information.
  375  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  376  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
  377  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
  378  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  379  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
  380  697.08               3rd   Equity skimming.                  
  381  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
  382  796.05(1)            3rd   Live on earnings of a prostitute. 
  383  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  384  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
  385  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  386  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
  387  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  388  815.04(4)(b)         2nd   Computer offense devised to defraud or obtain property.
  389  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  390  817.233              3rd   Burning to defraud insurer.       
  391  817.234 (8)(b)-(c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  392  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
  393  817.236              3rd   Filing a false motor vehicle insurance application.
  394  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  395  817.413(2)           3rd   Sale of used goods as new.        
  396  817.505(4)           3rd   Patient brokering.                
  397  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  398  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  399  831.29               2nd   Possession of instruments for counterfeiting drivers’ licenses or identification cards.
  400  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
  401  843.19               3rd   Injure, disable, or kill police dog or horse.
  402  860.15(3)            3rd   Overcharging for repairs and parts.
  403  870.01(2)            3rd   Riot; inciting or encouraging.    
  404  893.13(1)(a)2.       3rd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  405  893.13(1)(d)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
  406  893.13(1)(f)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
  407  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
  408  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  409  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  410  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
  411  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  412  893.13(8)(a)1.       3rd   Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  413  893.13(8)(a)2.       3rd   Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  414  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  415  893.13(8)(a)4.       3rd   Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  416  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
  417  944.47 (1)(a)1.-2.   3rd   Introduce contraband to correctional facility.
  418  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
  419  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  420         (e) LEVEL 5
  421  
  422  
  423  FloridaStatute    FelonyDegree           Description            
  424  316.027(1)(a)        3rd   Accidents involving personal injuries, failure to stop; leaving scene.
  425  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  426  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  427  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  428  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  429  379.3671 (2)(c)3.    3rd   Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  430  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  431  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  432  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  433  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  434  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  435  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  436  790.01(2)            3rd   Carrying a concealed firearm.     
  437  790.162              2nd   Threat to throw or discharge destructive device.
  438  790.163(1)           2nd   False report of deadly explosive or weapon of mass destruction.
  439  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  440  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  441  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  442  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years.
  443  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years or older.
  444  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  445  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  446  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  447  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  448  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  449  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  450  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  451  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  452  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.
  453  817.568(2)(b)        2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
  454  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  455  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  456  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  457  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  458  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.
  459  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
  460  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  461  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  462  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  463  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  464  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 to join a criminal gang.
  465  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).
  466  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.
  467  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.
  468  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.
  469  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.
  470  893.13(4)(b)         2nd   Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  471  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  472         (g) LEVEL 7
  473  
  474  
  475  FloridaStatute    FelonyDegree           Description            
  476  316.027(1)(b)        1st   Accident involving death, failure to stop; leaving scene.
  477  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
  478  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.
  479  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
  480  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  481  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
  482  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  483  456.065(2)           3rd   Practicing a health care profession without a license.
  484  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
  485  458.327(1)           3rd   Practicing medicine without a license.
  486  459.013(1)           3rd   Practicing osteopathic medicine without a license.
  487  460.411(1)           3rd   Practicing chiropractic medicine without a license.
  488  461.012(1)           3rd   Practicing podiatric medicine without a license.
  489  462.17               3rd   Practicing naturopathy without a license.
  490  463.015(1)           3rd   Practicing optometry without a license.
  491  464.016(1)           3rd   Practicing nursing without a license.
  492  465.015(2)           3rd   Practicing pharmacy without a license.
  493  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
  494  467.201              3rd   Practicing midwifery without a license.
  495  468.366              3rd   Delivering respiratory care services without a license.
  496  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
  497  483.901(9)           3rd   Practicing medical physics without a license.
  498  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
  499  484.053              3rd   Dispensing hearing aids without a license.
  500  494.0018(2)          1st   Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
  501  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.
  502  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  503  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  504  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  505  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
  506  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  507  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  508  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  509  782.071              2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  510  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  511  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  512  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
  513  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
  514  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
  515  784.048(7)           3rd   Aggravated stalking; violation of court order.
  516  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
  517  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
  518  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
  519  784.081(1)           1st   Aggravated battery on specified official or employee.
  520  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
  521  784.083(1)           1st   Aggravated battery on code inspector.
  522  787.06(3)(a)2.       1st   Human trafficking using coercion for labor and services of an adult.
  523  787.06(3)(e)2.       1st   Human trafficking using coercion for labor and services by the transfer or transport of an adult any individual from outside Florida to within the state.
  524  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  525  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
  526  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
  527  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  528  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  529  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  530  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  531  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.
  532  796.03               2nd   Procuring any person under 16 years for prostitution.
  533  796.05(1)            1st   Live on earnings of a prostitute; 2nd offense.
  534  796.05(1)            1st   Live on earnings of a prostitute; 3rd and subsequent offense.
  535  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  536  800.04(5)(c)2.       2nd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
  537  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
  538  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  539  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  540  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  541  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
  542  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.
  543  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  544  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  545  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  546  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
  547  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  548  812.131(2)(a)        2nd   Robbery by sudden snatching.      
  549  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
  550  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
  551  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  552  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  553  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
  554  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.
  555  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
  556  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  557  825.103(2)(b)        2nd   Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
  558  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  559  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  560  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
  561  838.015              2nd   Bribery.                          
  562  838.016              2nd   Unlawful compensation or reward for official behavior.
  563  838.021(3)(a)        2nd   Unlawful harm to a public servant.
  564  838.22               2nd   Bid tampering.                    
  565  843.0855(2)          3rd   Impersonation of a public officer or employee.
  566  843.0855(3)          3rd   Unlawful simulation of legal process.
  567  843.0855(4)          3rd   Intimidation of a public officer or employee.
  568  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  569  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
  570  872.06               2nd   Abuse of a dead human body.       
  571  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  572  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  573  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.
  574  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.
  575  893.13(4)(a)         1st   Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  576  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  577  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  578  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  579  893.135(1)(d)1.      1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  580  893.135(1)(e)1.      1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  581  893.135(1)(f)1.      1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  582  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  583  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  584  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  585  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  586  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  587  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  588  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  589  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  590  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  591  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
  592  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  593  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  594  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
  595  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  596  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  597  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  598  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  599  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  600  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  601         (h) LEVEL 8
  602  
  603  
  604  FloridaStatute    FelonyDegree           Description            
  605  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                 
  606  316.1935(4)(b)       1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
  607  327.35(3)(c)3.       2nd   Vessel BUI manslaughter.          
  608  499.0051(7)          1st   Knowing trafficking in contraband prescription drugs.
  609  499.0051(8)          1st   Knowing forgery of prescription labels or prescription drug labels.
  610  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.
  611  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.
  612  655.50(10)(b)2.      2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  613  777.03(2)(a)         1st   Accessory after the fact, capital felony.
  614  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.
  615  782.051(2)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  616  782.071(1)(b)        1st   Committing vehicular homicide and failing to render aid or give information.
  617  782.072(2)           1st   Committing vessel homicide and failing to render aid or give information.
  618  787.06(3)(a)1.       1st   Human trafficking for labor and services of a child.
  619  787.06(3)(b)         1st   Human trafficking using coercion for commercial sexual activity of an adult.
  620  787.06(3)(c)2.       1st   Human trafficking using coercion for labor and services of an unauthorized alien adult.
  621  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.
  622  787.06(3)(f)2.       1st   Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult individual from outside Florida to within the state.
  623  790.161(3)           1st   Discharging a destructive device which results in bodily harm or property damage.
  624  794.011(5)           2nd   Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  625  794.08(3)            2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  626  800.04(4)            2nd   Lewd or lascivious battery.       
  627  806.01(1)            1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  628  810.02(2)(a)       1st,PBL Burglary with assault or battery. 
  629  810.02(2)(b)       1st,PBL Burglary; armed with explosives or dangerous weapon.
  630  810.02(2)(c)         1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  631  812.014(2)(a)2.      1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  632  812.13(2)(b)         1st   Robbery with a weapon.            
  633  812.135(2)(c)        1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  634  817.535(2)(b)        2nd   Filing false lien or other unauthorized document; second or subsequent offense.
  635  817.535(3)(a)        2nd   Filing false lien or other unauthorized document; property owner is a public officer or employee.
  636  817.535(4)(a)1.      2nd   Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  637  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.
  638  817.568(6)           2nd   Fraudulent use of personal identification information of an individual under the age of 18.
  639  825.102(2)           1st   Aggravated abuse of an elderly person or disabled adult.
  640  825.1025(2)          2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
  641  825.103(2)(a)        1st   Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  642  837.02(2)            2nd   Perjury in official proceedings relating to prosecution of a capital felony.
  643  837.021(2)           2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  644  860.121(2)(c)        1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  645  860.16               1st   Aircraft piracy.                  
  646  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).
  647  893.13(2)(b)         1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  648  893.13(6)(c)         1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  649  893.135(1)(a)2.      1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  650  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 200 grams, less than 400 grams.
  651  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  652  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  653  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  654  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  655  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  656  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  657  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  658  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  659  893.1351(3)          1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
  660  895.03(1)            1st   Use or invest proceeds derived from pattern of racketeering activity.
  661  895.03(2)            1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  662  895.03(3)            1st   Conduct or participate in any enterprise through pattern of racketeering activity.
  663  896.101(5)(b)        2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  664  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.
  665         (i) LEVEL 9
  666  
  667  
  668  FloridaStatute    FelonyDegree           Description            
  669  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  670  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
  671  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more.
  672  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  673  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  674  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  675  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  676  775.0844             1st   Aggravated white collar crime.    
  677  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  678  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
  679  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  680  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  681  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  682  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  683  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  684  787.02(3)(a)         1st   False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  685  787.06(3)(c)1.       1st   Human trafficking for labor and services of an unauthorized alien child.
  686  787.06(3)(d)         1st   Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
  687  787.06(3)(f)1.     1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
  688  787.06(3)(g)       1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
  689  787.06(4)            1st   Selling or buying of minors into human trafficking.
  690  790.161              1st   Attempted capital destructive device offense.
  691  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  692  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  693  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  694  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
  695  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  696  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  697  796.035              1st   Selling or buying of minors into prostitution.
  698  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  699  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  700  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  701  812.135(2)(b)        1st   Home-invasion robbery with weapon.
  702  817.535(3)(b)        1st   Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
  703  817.535(4)(a)2.      1st   Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
  704  817.535(5)(b)        1st   Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
  705  817.568(7)         2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
  706  827.03(2)(a)         1st   Aggravated child abuse.           
  707  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  708  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  709  859.01               1st   Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
  710  893.135              1st   Attempted capital trafficking offense.
  711  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  712  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  713  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  714  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
  715  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  716  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
  717  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  718  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
  719  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  720  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  721  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  722         (j) LEVEL 10
  723  
  724  
  725  FloridaStatute    FelonyDegree           Description            
  726  499.0051(10)         1st   Knowing sale or purchase of contraband prescription drugs resulting in death.
  727  782.04(2)          1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
  728  782.07(3)            1st   Aggravated manslaughter of a child.
  729  787.01(1)(a)3.     1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
  730  787.01(3)(a)        Life   Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  731  787.06(3)(g) 787.06(3)(h)  Life   Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person 15.
  732  787.06(4)(a)        Life   Selling or buying of minors into human trafficking.
  733  794.011(3)          Life   Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
  734  812.135(2)(a)      1st,PBL Home-invasion robbery with firearm or other deadly weapon.
  735  876.32               1st   Treason against the state.        
  736         Section 12. Paragraph (g) of subsection (67) of section
  737  39.01, Florida Statutes, is amended to read:
  738         39.01 Definitions.—When used in this chapter, unless the
  739  context otherwise requires:
  740         (67) “Sexual abuse of a child” for purposes of finding a
  741  child to be dependent means one or more of the following acts:
  742         (g) The sexual exploitation of a child, which includes the
  743  act of a child offering to engage in or engaging in
  744  prostitution, provided that the child is not under arrest or is
  745  not being prosecuted in a delinquency or criminal proceeding for
  746  a violation of any offense in chapter 796 based on such
  747  behavior; or allowing, encouraging, or forcing a child to:
  748         1. Solicit for or engage in prostitution;
  749         2. Engage in a sexual performance, as defined by chapter
  750  827; or
  751         3. Participate in the trade of human sex trafficking as
  752  provided in s. 787.06(3)(g) 796.035.
  753         Section 13. Paragraphs (b) and (c) of subsection (2) of
  754  section 90.404, Florida Statutes, are amended to read:
  755         90.404 Character evidence; when admissible.—
  756         (2) OTHER CRIMES, WRONGS, OR ACTS.—
  757         (b)1. In a criminal case in which the defendant is charged
  758  with a crime involving child molestation, evidence of the
  759  defendant’s commission of other crimes, wrongs, or acts of child
  760  molestation is admissible and may be considered for its bearing
  761  on any matter to which it is relevant.
  762         2. For the purposes of this paragraph, the term “child
  763  molestation” means conduct proscribed by s. 787.025(2)(c), s.
  764  787.06(3)(g) and (h), s. 794.011, excluding s. 794.011(10), s.
  765  794.05, s. 796.03, s. 796.035, s. 800.04, s. 827.071, s.
  766  847.0135(5), s. 847.0145, or s. 985.701(1) when committed
  767  against a person 16 years of age or younger.
  768         (c)1. In a criminal case in which the defendant is charged
  769  with a sexual offense, evidence of the defendant’s commission of
  770  other crimes, wrongs, or acts involving a sexual offense is
  771  admissible and may be considered for its bearing on any matter
  772  to which it is relevant.
  773         2. For the purposes of this paragraph, the term “sexual
  774  offense” means conduct proscribed by s. 787.025(2)(c),s.
  775  787.06(3)(b), (d), (f), or (g), or (h), s. 794.011, excluding s.
  776  794.011(10), s. 794.05, s. 796.03, s. 796.035, s.
  777  825.1025(2)(b), s. 827.071, s. 847.0135(5), s. 847.0145, or s.
  778  985.701(1).
  779         Section 14. Paragraph (a) of subsection (1) of section
  780  772.102, Florida Statutes, is amended to read:
  781         772.102 Definitions.—As used in this chapter, the term:
  782         (1) “Criminal activity” means to commit, to attempt to
  783  commit, to conspire to commit, or to solicit, coerce, or
  784  intimidate another person to commit:
  785         (a) Any crime that is chargeable by indictment or
  786  information under the following provisions:
  787         1. Section 210.18, relating to evasion of payment of
  788  cigarette taxes.
  789         2. Section 414.39, relating to public assistance fraud.
  790         3. Section 440.105 or s. 440.106, relating to workers’
  791  compensation.
  792         4. Part IV of chapter 501, relating to telemarketing.
  793         5. Chapter 517, relating to securities transactions.
  794         6. Section 550.235 or s. 550.3551, relating to dogracing
  795  and horseracing.
  796         7. Chapter 550, relating to jai alai frontons.
  797         8. Chapter 552, relating to the manufacture, distribution,
  798  and use of explosives.
  799         9. Chapter 562, relating to beverage law enforcement.
  800         10. Section 624.401, relating to transacting insurance
  801  without a certificate of authority, s. 624.437(4)(c)1., relating
  802  to operating an unauthorized multiple-employer welfare
  803  arrangement, or s. 626.902(1)(b), relating to representing or
  804  aiding an unauthorized insurer.
  805         11. Chapter 687, relating to interest and usurious
  806  practices.
  807         12. Section 721.08, s. 721.09, or s. 721.13, relating to
  808  real estate timeshare plans.
  809         13. Chapter 782, relating to homicide.
  810         14. Chapter 784, relating to assault and battery.
  811         15. Chapter 787, relating to kidnapping or human
  812  trafficking.
  813         16. Chapter 790, relating to weapons and firearms.
  814         17. Section 796.03, s. 796.04, s. 796.05, or s. 796.07,
  815  relating to prostitution.
  816         18. Chapter 806, relating to arson.
  817         19. Section 810.02(2)(c), relating to specified burglary of
  818  a dwelling or structure.
  819         20. Chapter 812, relating to theft, robbery, and related
  820  crimes.
  821         21. Chapter 815, relating to computer-related crimes.
  822         22. Chapter 817, relating to fraudulent practices, false
  823  pretenses, fraud generally, and credit card crimes.
  824         23. Section 827.071, relating to commercial sexual
  825  exploitation of children.
  826         24. Chapter 831, relating to forgery and counterfeiting.
  827         25. Chapter 832, relating to issuance of worthless checks
  828  and drafts.
  829         26. Section 836.05, relating to extortion.
  830         27. Chapter 837, relating to perjury.
  831         28. Chapter 838, relating to bribery and misuse of public
  832  office.
  833         29. Chapter 843, relating to obstruction of justice.
  834         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  835  s. 847.07, relating to obscene literature and profanity.
  836         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
  837  849.25, relating to gambling.
  838         32. Chapter 893, relating to drug abuse prevention and
  839  control.
  840         33. Section 914.22 or s. 914.23, relating to witnesses,
  841  victims, or informants.
  842         34. Section 918.12 or s. 918.13, relating to tampering with
  843  jurors and evidence.
  844         Section 15. Paragraph (m) of subsection (1) of section
  845  775.0877, Florida Statutes, is amended to read:
  846         775.0877 Criminal transmission of HIV; procedures;
  847  penalties.—
  848         (1) In any case in which a person has been convicted of or
  849  has pled nolo contendere or guilty to, regardless of whether
  850  adjudication is withheld, any of the following offenses, or the
  851  attempt thereof, which offense or attempted offense involves the
  852  transmission of body fluids from one person to another:
  853         (m) Sections 796.03, 796.07, and 796.08, relating to
  854  prostitution; or
  855  
  856  the court shall order the offender to undergo HIV testing, to be
  857  performed under the direction of the Department of Health in
  858  accordance with s. 381.004, unless the offender has undergone
  859  HIV testing voluntarily or pursuant to procedures established in
  860  s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
  861  rule providing for HIV testing of criminal offenders or inmates,
  862  subsequent to her or his arrest for an offense enumerated in
  863  paragraphs (a)-(n) for which she or he was convicted or to which
  864  she or he pled nolo contendere or guilty. The results of an HIV
  865  test performed on an offender pursuant to this subsection are
  866  not admissible in any criminal proceeding arising out of the
  867  alleged offense.
  868         Section 16. Paragraph (a) of subsection (4) and paragraph
  869  (b) of subsection (10) of section 775.21, Florida Statutes, are
  870  amended to read:
  871         775.21 The Florida Sexual Predators Act.—
  872         (4) SEXUAL PREDATOR CRITERIA.—
  873         (a) For a current offense committed on or after October 1,
  874  1993, upon conviction, an offender shall be designated as a
  875  “sexual predator” under subsection (5), and subject to
  876  registration under subsection (6) and community and public
  877  notification under subsection (7) if:
  878         1. The felony is:
  879         a. A capital, life, or first-degree felony violation, or
  880  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  881  is a minor and the defendant is not the victim’s parent or
  882  guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
  883  violation of a similar law of another jurisdiction; or
  884         b. Any felony violation, or any attempt thereof, of s.
  885  787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
  886  minor and the defendant is not the victim’s parent or guardian;
  887  s. 787.06(3)(b), (d), (f), or (g), or (h); s. 794.011, excluding
  888  s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
  889  810.145(8)(b); s. 825.1025(2)(b); s. 827.071; s. 847.0135(5); s.
  890  847.0145; or s. 985.701(1); or a violation of a similar law of
  891  another jurisdiction, and the offender has previously been
  892  convicted of or found to have committed, or has pled nolo
  893  contendere or guilty to, regardless of adjudication, any
  894  violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  895  the victim is a minor and the defendant is not the victim’s
  896  parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
  897  s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
  898  796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
  899  847.0135, excluding s. 847.0135(6); s. 847.0145; or s.
  900  985.701(1); or a violation of a similar law of another
  901  jurisdiction;
  902         2. The offender has not received a pardon for any felony or
  903  similar law of another jurisdiction that is necessary for the
  904  operation of this paragraph; and
  905         3. A conviction of a felony or similar law of another
  906  jurisdiction necessary to the operation of this paragraph has
  907  not been set aside in any postconviction proceeding.
  908         (10) PENALTIES.—
  909         (b) A sexual predator who has been convicted of or found to
  910  have committed, or has pled nolo contendere or guilty to,
  911  regardless of adjudication, any violation, or attempted
  912  violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  913  the victim is a minor and the defendant is not the victim’s
  914  parent or guardian; s. 794.011, excluding s. 794.011(10); s.
  915  794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s.
  916  847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a
  917  violation of a similar law of another jurisdiction when the
  918  victim of the offense was a minor, and who works, whether for
  919  compensation or as a volunteer, at any business, school, child
  920  care facility, park, playground, or other place where children
  921  regularly congregate, commits a felony of the third degree,
  922  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  923         Section 17. Paragraph (a) of subsection (3) of section
  924  787.01, Florida Statutes, is amended to read:
  925         787.01 Kidnapping; kidnapping of child under age 13,
  926  aggravating circumstances.—
  927         (3)(a) A person who commits the offense of kidnapping upon
  928  a child under the age of 13 and who, in the course of committing
  929  the offense, commits one or more of the following:
  930         1. Aggravated child abuse, as defined in s. 827.03;
  931         2. Sexual battery, as defined in chapter 794, against the
  932  child;
  933         3. Lewd or lascivious battery, lewd or lascivious
  934  molestation, lewd or lascivious conduct, or lewd or lascivious
  935  exhibition, in violation of s. 800.04 or s. 847.0135(5);
  936         4. A violation of s. 796.03 or s. 796.04, relating to
  937  prostitution, upon the child; or
  938         5. Exploitation of the child or allowing the child to be
  939  exploited, in violation of s. 450.151,
  940  
  941  commits a life felony, punishable as provided in s. 775.082, s.
  942  775.083, or s. 775.084.
  943         Section 18. Paragraph (a) of subsection (3) of section
  944  787.02, Florida Statutes, is amended to read:
  945         787.02 False imprisonment; false imprisonment of child
  946  under age 13, aggravating circumstances.—
  947         (3)(a) A person who commits the offense of false
  948  imprisonment upon a child under the age of 13 and who, in the
  949  course of committing the offense, commits any offense enumerated
  950  in subparagraphs 1.-5., commits a felony of the first degree,
  951  punishable by imprisonment for a term of years not exceeding
  952  life or as provided in s. 775.082, s. 775.083, or s. 775.084.
  953         1. Aggravated child abuse, as defined in s. 827.03;
  954         2. Sexual battery, as defined in chapter 794, against the
  955  child;
  956         3. Lewd or lascivious battery, lewd or lascivious
  957  molestation, lewd or lascivious conduct, or lewd or lascivious
  958  exhibition, in violation of s. 800.04 or s. 847.0135(5);
  959         4. A violation of s. 796.03 or s. 796.04, relating to
  960  prostitution, upon the child; or
  961         5. Exploitation of the child or allowing the child to be
  962  exploited, in violation of s. 450.151.
  963         Section 19. Subsection (1) of section 794.056, Florida
  964  Statutes, is amended to read:
  965         794.056 Rape Crisis Program Trust Fund.—
  966         (1) The Rape Crisis Program Trust Fund is created within
  967  the Department of Health for the purpose of providing funds for
  968  rape crisis centers in this state. Trust fund moneys shall be
  969  used exclusively for the purpose of providing services for
  970  victims of sexual assault. Funds credited to the trust fund
  971  consist of those funds collected as an additional court
  972  assessment in each case in which a defendant pleads guilty or
  973  nolo contendere to, or is found guilty of, regardless of
  974  adjudication, an offense provided in s. 775.21(6) and (10)(a),
  975  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
  976  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
  977  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
  978  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
  979  s. 796.03; s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
  980  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
  981  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
  982  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
  983  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
  984  (14)(c); or s. 985.701(1). Funds credited to the trust fund also
  985  shall include revenues provided by law, moneys appropriated by
  986  the Legislature, and grants from public or private entities.
  987         Section 20. Subsection (1) of section 856.022, Florida
  988  Statutes, is amended to read:
  989         856.022 Loitering or prowling by certain offenders in close
  990  proximity to children; penalty.—
  991         (1) Except as provided in subsection (2), this section
  992  applies to a person convicted of committing, or attempting,
  993  soliciting, or conspiring to commit, any of the criminal
  994  offenses proscribed in the following statutes in this state or
  995  similar offenses in another jurisdiction against a victim who
  996  was under 18 years of age at the time of the offense: s. 787.01,
  997  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
  998  the offender was not the victim’s parent or guardian; s.
  999  794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
 1000  796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
 1001  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
 1002  847.0145; s. 985.701(1); or any similar offense committed in
 1003  this state which has been redesignated from a former statute
 1004  number to one of those listed in this subsection, if the person
 1005  has not received a pardon for any felony or similar law of
 1006  another jurisdiction necessary for the operation of this
 1007  subsection and a conviction of a felony or similar law of
 1008  another jurisdiction necessary for the operation of this
 1009  subsection has not been set aside in any postconviction
 1010  proceeding.
 1011         Section 21. Paragraph (a) of subsection (1) of section
 1012  895.02, Florida Statutes, is amended to read:
 1013         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
 1014         (1) “Racketeering activity” means to commit, to attempt to
 1015  commit, to conspire to commit, or to solicit, coerce, or
 1016  intimidate another person to commit:
 1017         (a) Any crime that is chargeable by petition, indictment,
 1018  or information under the following provisions of the Florida
 1019  Statutes:
 1020         1. Section 210.18, relating to evasion of payment of
 1021  cigarette taxes.
 1022         2. Section 316.1935, relating to fleeing or attempting to
 1023  elude a law enforcement officer and aggravated fleeing or
 1024  eluding.
 1025         3. Section 403.727(3)(b), relating to environmental
 1026  control.
 1027         4. Section 409.920 or s. 409.9201, relating to Medicaid
 1028  fraud.
 1029         5. Section 414.39, relating to public assistance fraud.
 1030         6. Section 440.105 or s. 440.106, relating to workers’
 1031  compensation.
 1032         7. Section 443.071(4), relating to creation of a fictitious
 1033  employer scheme to commit reemployment assistance fraud.
 1034         8. Section 465.0161, relating to distribution of medicinal
 1035  drugs without a permit as an Internet pharmacy.
 1036         9. Section 499.0051, relating to crimes involving
 1037  contraband and adulterated drugs.
 1038         10. Part IV of chapter 501, relating to telemarketing.
 1039         11. Chapter 517, relating to sale of securities and
 1040  investor protection.
 1041         12. Section 550.235 or s. 550.3551, relating to dogracing
 1042  and horseracing.
 1043         13. Chapter 550, relating to jai alai frontons.
 1044         14. Section 551.109, relating to slot machine gaming.
 1045         15. Chapter 552, relating to the manufacture, distribution,
 1046  and use of explosives.
 1047         16. Chapter 560, relating to money transmitters, if the
 1048  violation is punishable as a felony.
 1049         17. Chapter 562, relating to beverage law enforcement.
 1050         18. Section 624.401, relating to transacting insurance
 1051  without a certificate of authority, s. 624.437(4)(c)1., relating
 1052  to operating an unauthorized multiple-employer welfare
 1053  arrangement, or s. 626.902(1)(b), relating to representing or
 1054  aiding an unauthorized insurer.
 1055         19. Section 655.50, relating to reports of currency
 1056  transactions, when such violation is punishable as a felony.
 1057         20. Chapter 687, relating to interest and usurious
 1058  practices.
 1059         21. Section 721.08, s. 721.09, or s. 721.13, relating to
 1060  real estate timeshare plans.
 1061         22. Section 775.13(5)(b), relating to registration of
 1062  persons found to have committed any offense for the purpose of
 1063  benefiting, promoting, or furthering the interests of a criminal
 1064  gang.
 1065         23. Section 777.03, relating to commission of crimes by
 1066  accessories after the fact.
 1067         24. Chapter 782, relating to homicide.
 1068         25. Chapter 784, relating to assault and battery.
 1069         26. Chapter 787, relating to kidnapping or human
 1070  trafficking.
 1071         27. Chapter 790, relating to weapons and firearms.
 1072         28. Chapter 794, relating to sexual battery, but only if
 1073  such crime was committed with the intent to benefit, promote, or
 1074  further the interests of a criminal gang, or for the purpose of
 1075  increasing a criminal gang member’s own standing or position
 1076  within a criminal gang.
 1077         29. Section 796.03, s. 796.035, s. 796.04, s. 796.05, or s.
 1078  796.07, relating to prostitution and sex trafficking.
 1079         30. Chapter 806, relating to arson and criminal mischief.
 1080         31. Chapter 810, relating to burglary and trespass.
 1081         32. Chapter 812, relating to theft, robbery, and related
 1082  crimes.
 1083         33. Chapter 815, relating to computer-related crimes.
 1084         34. Chapter 817, relating to fraudulent practices, false
 1085  pretenses, fraud generally, and credit card crimes.
 1086         35. Chapter 825, relating to abuse, neglect, or
 1087  exploitation of an elderly person or disabled adult.
 1088         36. Section 827.071, relating to commercial sexual
 1089  exploitation of children.
 1090         37. Section 828.122, relating to fighting or baiting
 1091  animals.
 1092         38. Chapter 831, relating to forgery and counterfeiting.
 1093         39. Chapter 832, relating to issuance of worthless checks
 1094  and drafts.
 1095         40. Section 836.05, relating to extortion.
 1096         41. Chapter 837, relating to perjury.
 1097         42. Chapter 838, relating to bribery and misuse of public
 1098  office.
 1099         43. Chapter 843, relating to obstruction of justice.
 1100         44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 1101  s. 847.07, relating to obscene literature and profanity.
 1102         45. Chapter 849, relating to gambling, lottery, gambling or
 1103  gaming devices, slot machines, or any of the provisions within
 1104  that chapter.
 1105         46. Chapter 874, relating to criminal gangs.
 1106         47. Chapter 893, relating to drug abuse prevention and
 1107  control.
 1108         48. Chapter 896, relating to offenses related to financial
 1109  transactions.
 1110         49. Sections 914.22 and 914.23, relating to tampering with
 1111  or harassing a witness, victim, or informant, and retaliation
 1112  against a witness, victim, or informant.
 1113         50. Sections 918.12 and 918.13, relating to tampering with
 1114  jurors and evidence.
 1115         Section 22. Section 938.085, Florida Statutes, is amended
 1116  to read:
 1117         938.085 Additional cost to fund rape crisis centers.—In
 1118  addition to any sanction imposed when a person pleads guilty or
 1119  nolo contendere to, or is found guilty of, regardless of
 1120  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 1121  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 1122  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 1123  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 1124  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; s. 796.03;
 1125  s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 796.07(2)(a)-(d)
 1126  and (i); s. 800.03; s. 800.04; s. 810.14; s. 810.145; s.
 1127  812.135; s. 817.025; s. 825.102; s. 825.1025; s. 827.071; s.
 1128  836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 847.0145;
 1129  s. 943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s.
 1130  985.701(1), the court shall impose a surcharge of $151. Payment
 1131  of the surcharge shall be a condition of probation, community
 1132  control, or any other court-ordered supervision. The sum of $150
 1133  of the surcharge shall be deposited into the Rape Crisis Program
 1134  Trust Fund established within the Department of Health by
 1135  chapter 2003-140, Laws of Florida. The clerk of the court shall
 1136  retain $1 of each surcharge that the clerk of the court collects
 1137  as a service charge of the clerk’s office.
 1138         Section 23. Subsection (1) of section 938.10, Florida
 1139  Statutes, is amended to read:
 1140         938.10 Additional court cost imposed in cases of certain
 1141  crimes.—
 1142         (1) If a person pleads guilty or nolo contendere to, or is
 1143  found guilty of, regardless of adjudication, any offense against
 1144  a minor in violation of s. 784.085, chapter 787, chapter 794, s.
 1145  796.03, s. 796.035, s. 800.04, chapter 827, s. 847.012, s.
 1146  847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145, s.
 1147  893.147(3), or s. 985.701, or any offense in violation of s.
 1148  775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
 1149  court shall impose a court cost of $151 against the offender in
 1150  addition to any other cost or penalty required by law.
 1151         Section 24. Paragraph (a) of subsection (1) of section
 1152  943.0435, Florida Statutes, is amended to read:
 1153         943.0435 Sexual offenders required to register with the
 1154  department; penalty.—
 1155         (1) As used in this section, the term:
 1156         (a)1. “Sexual offender” means a person who meets the
 1157  criteria in sub-subparagraph a., sub-subparagraph b., sub
 1158  subparagraph c., or sub-subparagraph d., as follows:
 1159         a.(I) Has been convicted of committing, or attempting,
 1160  soliciting, or conspiring to commit, any of the criminal
 1161  offenses proscribed in the following statutes in this state or
 1162  similar offenses in another jurisdiction: s. 787.01, s. 787.02,
 1163  or s. 787.025(2)(c), where the victim is a minor and the
 1164  defendant is not the victim’s parent or guardian; s.
 1165  787.06(3)(b), (d), (f), or (g), or (h); s. 794.011, excluding s.
 1166  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
 1167  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 1168  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1169  or s. 985.701(1); or any similar offense committed in this state
 1170  which has been redesignated from a former statute number to one
 1171  of those listed in this sub-sub-subparagraph; and
 1172         (II) Has been released on or after October 1, 1997, from
 1173  the sanction imposed for any conviction of an offense described
 1174  in sub-sub-subparagraph (I). For purposes of sub-sub
 1175  subparagraph (I), a sanction imposed in this state or in any
 1176  other jurisdiction includes, but is not limited to, a fine,
 1177  probation, community control, parole, conditional release,
 1178  control release, or incarceration in a state prison, federal
 1179  prison, private correctional facility, or local detention
 1180  facility;
 1181         b. Establishes or maintains a residence in this state and
 1182  who has not been designated as a sexual predator by a court of
 1183  this state but who has been designated as a sexual predator, as
 1184  a sexually violent predator, or by another sexual offender
 1185  designation in another state or jurisdiction and was, as a
 1186  result of such designation, subjected to registration or
 1187  community or public notification, or both, or would be if the
 1188  person were a resident of that state or jurisdiction, without
 1189  regard to whether the person otherwise meets the criteria for
 1190  registration as a sexual offender;
 1191         c. Establishes or maintains a residence in this state who
 1192  is in the custody or control of, or under the supervision of,
 1193  any other state or jurisdiction as a result of a conviction for
 1194  committing, or attempting, soliciting, or conspiring to commit,
 1195  any of the criminal offenses proscribed in the following
 1196  statutes or similar offense in another jurisdiction: s. 787.01,
 1197  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
 1198  the defendant is not the victim’s parent or guardian; s.
 1199  787.06(3)(b), (d), (f), or (g), or (h); s. 794.011, excluding s.
 1200  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
 1201  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 1202  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1203  or s. 985.701(1); or any similar offense committed in this state
 1204  which has been redesignated from a former statute number to one
 1205  of those listed in this sub-subparagraph; or
 1206         d. On or after July 1, 2007, has been adjudicated
 1207  delinquent for committing, or attempting, soliciting, or
 1208  conspiring to commit, any of the criminal offenses proscribed in
 1209  the following statutes in this state or similar offenses in
 1210  another jurisdiction when the juvenile was 14 years of age or
 1211  older at the time of the offense:
 1212         (I) Section 794.011, excluding s. 794.011(10);
 1213         (II) Section 800.04(4)(b) where the victim is under 12
 1214  years of age or where the court finds sexual activity by the use
 1215  of force or coercion;
 1216         (III) Section 800.04(5)(c)1. where the court finds
 1217  molestation involving unclothed genitals; or
 1218         (IV) Section 800.04(5)(d) where the court finds the use of
 1219  force or coercion and unclothed genitals.
 1220         2. For all qualifying offenses listed in sub-subparagraph
 1221  (1)(a)1.d., the court shall make a written finding of the age of
 1222  the offender at the time of the offense.
 1223  
 1224  For each violation of a qualifying offense listed in this
 1225  subsection, the court shall make a written finding of the age of
 1226  the victim at the time of the offense. For a violation of s.
 1227  800.04(4), the court shall additionally make a written finding
 1228  indicating that the offense did or did not involve sexual
 1229  activity and indicating that the offense did or did not involve
 1230  force or coercion. For a violation of s. 800.04(5), the court
 1231  shall additionally make a written finding that the offense did
 1232  or did not involve unclothed genitals or genital area and that
 1233  the offense did or did not involve the use of force or coercion.
 1234         Section 25. Section 943.0585, Florida Statutes, is amended
 1235  to read:
 1236         943.0585 Court-ordered expunction of criminal history
 1237  records.—The courts of this state have jurisdiction over their
 1238  own procedures, including the maintenance, expunction, and
 1239  correction of judicial records containing criminal history
 1240  information to the extent such procedures are not inconsistent
 1241  with the conditions, responsibilities, and duties established by
 1242  this section. Any court of competent jurisdiction may order a
 1243  criminal justice agency to expunge the criminal history record
 1244  of a minor or an adult who complies with the requirements of
 1245  this section. The court shall not order a criminal justice
 1246  agency to expunge a criminal history record until the person
 1247  seeking to expunge a criminal history record has applied for and
 1248  received a certificate of eligibility for expunction pursuant to
 1249  subsection (2). A criminal history record that relates to a
 1250  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 1251  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
 1252  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
 1253  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
 1254  or any violation specified as a predicate offense for
 1255  registration as a sexual predator pursuant to s. 775.21, without
 1256  regard to whether that offense alone is sufficient to require
 1257  such registration, or for registration as a sexual offender
 1258  pursuant to s. 943.0435, may not be expunged, without regard to
 1259  whether adjudication was withheld, if the defendant was found
 1260  guilty of or pled guilty or nolo contendere to the offense, or
 1261  if the defendant, as a minor, was found to have committed, or
 1262  pled guilty or nolo contendere to committing, the offense as a
 1263  delinquent act. The court may only order expunction of a
 1264  criminal history record pertaining to one arrest or one incident
 1265  of alleged criminal activity, except as provided in this
 1266  section. The court may, at its sole discretion, order the
 1267  expunction of a criminal history record pertaining to more than
 1268  one arrest if the additional arrests directly relate to the
 1269  original arrest. If the court intends to order the expunction of
 1270  records pertaining to such additional arrests, such intent must
 1271  be specified in the order. A criminal justice agency may not
 1272  expunge any record pertaining to such additional arrests if the
 1273  order to expunge does not articulate the intention of the court
 1274  to expunge a record pertaining to more than one arrest. This
 1275  section does not prevent the court from ordering the expunction
 1276  of only a portion of a criminal history record pertaining to one
 1277  arrest or one incident of alleged criminal activity.
 1278  Notwithstanding any law to the contrary, a criminal justice
 1279  agency may comply with laws, court orders, and official requests
 1280  of other jurisdictions relating to expunction, correction, or
 1281  confidential handling of criminal history records or information
 1282  derived therefrom. This section does not confer any right to the
 1283  expunction of any criminal history record, and any request for
 1284  expunction of a criminal history record may be denied at the
 1285  sole discretion of the court.
 1286         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
 1287  petition to a court to expunge a criminal history record is
 1288  complete only when accompanied by:
 1289         (a) A valid certificate of eligibility for expunction
 1290  issued by the department pursuant to subsection (2).
 1291         (b) The petitioner’s sworn statement attesting that the
 1292  petitioner:
 1293         1. Has never, prior to the date on which the petition is
 1294  filed, been adjudicated guilty of a criminal offense or
 1295  comparable ordinance violation, or been adjudicated delinquent
 1296  for committing any felony or a misdemeanor specified in s.
 1297  943.051(3)(b).
 1298         2. Has not been adjudicated guilty of, or adjudicated
 1299  delinquent for committing, any of the acts stemming from the
 1300  arrest or alleged criminal activity to which the petition
 1301  pertains.
 1302         3. Has never secured a prior sealing or expunction of a
 1303  criminal history record under this section, s. 943.059, former
 1304  s. 893.14, former s. 901.33, or former s. 943.058, unless
 1305  expunction is sought of a criminal history record previously
 1306  sealed for 10 years pursuant to paragraph (2)(h) and the record
 1307  is otherwise eligible for expunction.
 1308         4. Is eligible for such an expunction to the best of his or
 1309  her knowledge or belief and does not have any other petition to
 1310  expunge or any petition to seal pending before any court.
 1311  
 1312  Any person who knowingly provides false information on such
 1313  sworn statement to the court commits a felony of the third
 1314  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1315  775.084.
 1316         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
 1317  petitioning the court to expunge a criminal history record, a
 1318  person seeking to expunge a criminal history record shall apply
 1319  to the department for a certificate of eligibility for
 1320  expunction. The department shall, by rule adopted pursuant to
 1321  chapter 120, establish procedures pertaining to the application
 1322  for and issuance of certificates of eligibility for expunction.
 1323  A certificate of eligibility for expunction is valid for 12
 1324  months after the date stamped on the certificate when issued by
 1325  the department. After that time, the petitioner must reapply to
 1326  the department for a new certificate of eligibility. Eligibility
 1327  for a renewed certification of eligibility must be based on the
 1328  status of the applicant and the law in effect at the time of the
 1329  renewal application. The department shall issue a certificate of
 1330  eligibility for expunction to a person who is the subject of a
 1331  criminal history record if that person:
 1332         (a) Has obtained, and submitted to the department, a
 1333  written, certified statement from the appropriate state attorney
 1334  or statewide prosecutor which indicates:
 1335         1. That an indictment, information, or other charging
 1336  document was not filed or issued in the case.
 1337         2. That an indictment, information, or other charging
 1338  document, if filed or issued in the case, was dismissed or nolle
 1339  prosequi by the state attorney or statewide prosecutor, or was
 1340  dismissed by a court of competent jurisdiction, and that none of
 1341  the charges related to the arrest or alleged criminal activity
 1342  to which the petition to expunge pertains resulted in a trial,
 1343  without regard to whether the outcome of the trial was other
 1344  than an adjudication of guilt.
 1345         3. That the criminal history record does not relate to a
 1346  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 1347  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
 1348  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
 1349  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
 1350  or any violation specified as a predicate offense for
 1351  registration as a sexual predator pursuant to s. 775.21, without
 1352  regard to whether that offense alone is sufficient to require
 1353  such registration, or for registration as a sexual offender
 1354  pursuant to s. 943.0435, where the defendant was found guilty
 1355  of, or pled guilty or nolo contendere to any such offense, or
 1356  that the defendant, as a minor, was found to have committed, or
 1357  pled guilty or nolo contendere to committing, such an offense as
 1358  a delinquent act, without regard to whether adjudication was
 1359  withheld.
 1360         (b) Remits a $75 processing fee to the department for
 1361  placement in the Department of Law Enforcement Operating Trust
 1362  Fund, unless such fee is waived by the executive director.
 1363         (c) Has submitted to the department a certified copy of the
 1364  disposition of the charge to which the petition to expunge
 1365  pertains.
 1366         (d) Has never, prior to the date on which the application
 1367  for a certificate of eligibility is filed, been adjudicated
 1368  guilty of a criminal offense or comparable ordinance violation,
 1369  or been adjudicated delinquent for committing any felony or a
 1370  misdemeanor specified in s. 943.051(3)(b).
 1371         (e) Has not been adjudicated guilty of, or adjudicated
 1372  delinquent for committing, any of the acts stemming from the
 1373  arrest or alleged criminal activity to which the petition to
 1374  expunge pertains.
 1375         (f) Has never secured a prior sealing or expunction of a
 1376  criminal history record under this section, s. 943.059, former
 1377  s. 893.14, former s. 901.33, or former s. 943.058, unless
 1378  expunction is sought of a criminal history record previously
 1379  sealed for 10 years pursuant to paragraph (h) and the record is
 1380  otherwise eligible for expunction.
 1381         (g) Is no longer under court supervision applicable to the
 1382  disposition of the arrest or alleged criminal activity to which
 1383  the petition to expunge pertains.
 1384         (h) Has previously obtained a court order sealing the
 1385  record under this section, former s. 893.14, former s. 901.33,
 1386  or former s. 943.058 for a minimum of 10 years because
 1387  adjudication was withheld or because all charges related to the
 1388  arrest or alleged criminal activity to which the petition to
 1389  expunge pertains were not dismissed prior to trial, without
 1390  regard to whether the outcome of the trial was other than an
 1391  adjudication of guilt. The requirement for the record to have
 1392  previously been sealed for a minimum of 10 years does not apply
 1393  when a plea was not entered or all charges related to the arrest
 1394  or alleged criminal activity to which the petition to expunge
 1395  pertains were dismissed prior to trial.
 1396         (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
 1397         (a) In judicial proceedings under this section, a copy of
 1398  the completed petition to expunge shall be served upon the
 1399  appropriate state attorney or the statewide prosecutor and upon
 1400  the arresting agency; however, it is not necessary to make any
 1401  agency other than the state a party. The appropriate state
 1402  attorney or the statewide prosecutor and the arresting agency
 1403  may respond to the court regarding the completed petition to
 1404  expunge.
 1405         (b) If relief is granted by the court, the clerk of the
 1406  court shall certify copies of the order to the appropriate state
 1407  attorney or the statewide prosecutor and the arresting agency.
 1408  The arresting agency is responsible for forwarding the order to
 1409  any other agency to which the arresting agency disseminated the
 1410  criminal history record information to which the order pertains.
 1411  The department shall forward the order to expunge to the Federal
 1412  Bureau of Investigation. The clerk of the court shall certify a
 1413  copy of the order to any other agency which the records of the
 1414  court reflect has received the criminal history record from the
 1415  court.
 1416         (c) For an order to expunge entered by a court prior to
 1417  July 1, 1992, the department shall notify the appropriate state
 1418  attorney or statewide prosecutor of an order to expunge which is
 1419  contrary to law because the person who is the subject of the
 1420  record has previously been convicted of a crime or comparable
 1421  ordinance violation or has had a prior criminal history record
 1422  sealed or expunged. Upon receipt of such notice, the appropriate
 1423  state attorney or statewide prosecutor shall take action, within
 1424  60 days, to correct the record and petition the court to void
 1425  the order to expunge. The department shall seal the record until
 1426  such time as the order is voided by the court.
 1427         (d) On or after July 1, 1992, the department or any other
 1428  criminal justice agency is not required to act on an order to
 1429  expunge entered by a court when such order does not comply with
 1430  the requirements of this section. Upon receipt of such an order,
 1431  the department must notify the issuing court, the appropriate
 1432  state attorney or statewide prosecutor, the petitioner or the
 1433  petitioner’s attorney, and the arresting agency of the reason
 1434  for noncompliance. The appropriate state attorney or statewide
 1435  prosecutor shall take action within 60 days to correct the
 1436  record and petition the court to void the order. No cause of
 1437  action, including contempt of court, shall arise against any
 1438  criminal justice agency for failure to comply with an order to
 1439  expunge when the petitioner for such order failed to obtain the
 1440  certificate of eligibility as required by this section or such
 1441  order does not otherwise comply with the requirements of this
 1442  section.
 1443         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
 1444  criminal history record of a minor or an adult which is ordered
 1445  expunged by a court of competent jurisdiction pursuant to this
 1446  section must be physically destroyed or obliterated by any
 1447  criminal justice agency having custody of such record; except
 1448  that any criminal history record in the custody of the
 1449  department must be retained in all cases. A criminal history
 1450  record ordered expunged that is retained by the department is
 1451  confidential and exempt from the provisions of s. 119.07(1) and
 1452  s. 24(a), Art. I of the State Constitution and not available to
 1453  any person or entity except upon order of a court of competent
 1454  jurisdiction. A criminal justice agency may retain a notation
 1455  indicating compliance with an order to expunge.
 1456         (a) The person who is the subject of a criminal history
 1457  record that is expunged under this section or under other
 1458  provisions of law, including former s. 893.14, former s. 901.33,
 1459  and former s. 943.058, may lawfully deny or fail to acknowledge
 1460  the arrests covered by the expunged record, except when the
 1461  subject of the record:
 1462         1. Is a candidate for employment with a criminal justice
 1463  agency;
 1464         2. Is a defendant in a criminal prosecution;
 1465         3. Concurrently or subsequently petitions for relief under
 1466  this section, s. 943.0583, or s. 943.059;
 1467         4. Is a candidate for admission to The Florida Bar;
 1468         5. Is seeking to be employed or licensed by or to contract
 1469  with the Department of Children and Families, the Division of
 1470  Vocational Rehabilitation within the Department of Education,
 1471  the Agency for Health Care Administration, the Agency for
 1472  Persons with Disabilities, the Department of Health, the
 1473  Department of Elderly Affairs, or the Department of Juvenile
 1474  Justice or to be employed or used by such contractor or licensee
 1475  in a sensitive position having direct contact with children, the
 1476  disabled, or the elderly; or
 1477         6. Is seeking to be employed or licensed by the Department
 1478  of Education, any district school board, any university
 1479  laboratory school, any charter school, any private or parochial
 1480  school, or any local governmental entity that licenses child
 1481  care facilities.
 1482         (b) Subject to the exceptions in paragraph (a), a person
 1483  who has been granted an expunction under this section, former s.
 1484  893.14, former s. 901.33, or former s. 943.058 may not be held
 1485  under any provision of law of this state to commit perjury or to
 1486  be otherwise liable for giving a false statement by reason of
 1487  such person’s failure to recite or acknowledge an expunged
 1488  criminal history record.
 1489         (c) Information relating to the existence of an expunged
 1490  criminal history record which is provided in accordance with
 1491  paragraph (a) is confidential and exempt from the provisions of
 1492  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 1493  except that the department shall disclose the existence of a
 1494  criminal history record ordered expunged to the entities set
 1495  forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
 1496  respective licensing, access authorization, and employment
 1497  purposes, and to criminal justice agencies for their respective
 1498  criminal justice purposes. It is unlawful for any employee of an
 1499  entity set forth in subparagraph (a)1., subparagraph (a)4.,
 1500  subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
 1501  disclose information relating to the existence of an expunged
 1502  criminal history record of a person seeking employment, access
 1503  authorization, or licensure with such entity or contractor,
 1504  except to the person to whom the criminal history record relates
 1505  or to persons having direct responsibility for employment,
 1506  access authorization, or licensure decisions. Any person who
 1507  violates this paragraph commits a misdemeanor of the first
 1508  degree, punishable as provided in s. 775.082 or s. 775.083.
 1509         (5) STATUTORY REFERENCES.—Any reference to any other
 1510  chapter, section, or subdivision of the Florida Statutes in this
 1511  section constitutes a general reference under the doctrine of
 1512  incorporation by reference.
 1513         Section 26. Section 943.059, Florida Statutes, is amended
 1514  to read:
 1515         943.059 Court-ordered sealing of criminal history records.
 1516  The courts of this state shall continue to have jurisdiction
 1517  over their own procedures, including the maintenance, sealing,
 1518  and correction of judicial records containing criminal history
 1519  information to the extent such procedures are not inconsistent
 1520  with the conditions, responsibilities, and duties established by
 1521  this section. Any court of competent jurisdiction may order a
 1522  criminal justice agency to seal the criminal history record of a
 1523  minor or an adult who complies with the requirements of this
 1524  section. The court shall not order a criminal justice agency to
 1525  seal a criminal history record until the person seeking to seal
 1526  a criminal history record has applied for and received a
 1527  certificate of eligibility for sealing pursuant to subsection
 1528  (2). A criminal history record that relates to a violation of s.
 1529  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
 1530  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
 1531  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
 1532  s. 916.1075, a violation enumerated in s. 907.041, or any
 1533  violation specified as a predicate offense for registration as a
 1534  sexual predator pursuant to s. 775.21, without regard to whether
 1535  that offense alone is sufficient to require such registration,
 1536  or for registration as a sexual offender pursuant to s.
 1537  943.0435, may not be sealed, without regard to whether
 1538  adjudication was withheld, if the defendant was found guilty of
 1539  or pled guilty or nolo contendere to the offense, or if the
 1540  defendant, as a minor, was found to have committed or pled
 1541  guilty or nolo contendere to committing the offense as a
 1542  delinquent act. The court may only order sealing of a criminal
 1543  history record pertaining to one arrest or one incident of
 1544  alleged criminal activity, except as provided in this section.
 1545  The court may, at its sole discretion, order the sealing of a
 1546  criminal history record pertaining to more than one arrest if
 1547  the additional arrests directly relate to the original arrest.
 1548  If the court intends to order the sealing of records pertaining
 1549  to such additional arrests, such intent must be specified in the
 1550  order. A criminal justice agency may not seal any record
 1551  pertaining to such additional arrests if the order to seal does
 1552  not articulate the intention of the court to seal records
 1553  pertaining to more than one arrest. This section does not
 1554  prevent the court from ordering the sealing of only a portion of
 1555  a criminal history record pertaining to one arrest or one
 1556  incident of alleged criminal activity. Notwithstanding any law
 1557  to the contrary, a criminal justice agency may comply with laws,
 1558  court orders, and official requests of other jurisdictions
 1559  relating to sealing, correction, or confidential handling of
 1560  criminal history records or information derived therefrom. This
 1561  section does not confer any right to the sealing of any criminal
 1562  history record, and any request for sealing a criminal history
 1563  record may be denied at the sole discretion of the court.
 1564         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
 1565  petition to a court to seal a criminal history record is
 1566  complete only when accompanied by:
 1567         (a) A valid certificate of eligibility for sealing issued
 1568  by the department pursuant to subsection (2).
 1569         (b) The petitioner’s sworn statement attesting that the
 1570  petitioner:
 1571         1. Has never, prior to the date on which the petition is
 1572  filed, been adjudicated guilty of a criminal offense or
 1573  comparable ordinance violation, or been adjudicated delinquent
 1574  for committing any felony or a misdemeanor specified in s.
 1575  943.051(3)(b).
 1576         2. Has not been adjudicated guilty of or adjudicated
 1577  delinquent for committing any of the acts stemming from the
 1578  arrest or alleged criminal activity to which the petition to
 1579  seal pertains.
 1580         3. Has never secured a prior sealing or expunction of a
 1581  criminal history record under this section, s. 943.0585, former
 1582  s. 893.14, former s. 901.33, or former s. 943.058.
 1583         4. Is eligible for such a sealing to the best of his or her
 1584  knowledge or belief and does not have any other petition to seal
 1585  or any petition to expunge pending before any court.
 1586  
 1587  Any person who knowingly provides false information on such
 1588  sworn statement to the court commits a felony of the third
 1589  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1590  775.084.
 1591         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
 1592  petitioning the court to seal a criminal history record, a
 1593  person seeking to seal a criminal history record shall apply to
 1594  the department for a certificate of eligibility for sealing. The
 1595  department shall, by rule adopted pursuant to chapter 120,
 1596  establish procedures pertaining to the application for and
 1597  issuance of certificates of eligibility for sealing. A
 1598  certificate of eligibility for sealing is valid for 12 months
 1599  after the date stamped on the certificate when issued by the
 1600  department. After that time, the petitioner must reapply to the
 1601  department for a new certificate of eligibility. Eligibility for
 1602  a renewed certification of eligibility must be based on the
 1603  status of the applicant and the law in effect at the time of the
 1604  renewal application. The department shall issue a certificate of
 1605  eligibility for sealing to a person who is the subject of a
 1606  criminal history record provided that such person:
 1607         (a) Has submitted to the department a certified copy of the
 1608  disposition of the charge to which the petition to seal
 1609  pertains.
 1610         (b) Remits a $75 processing fee to the department for
 1611  placement in the Department of Law Enforcement Operating Trust
 1612  Fund, unless such fee is waived by the executive director.
 1613         (c) Has never, prior to the date on which the application
 1614  for a certificate of eligibility is filed, been adjudicated
 1615  guilty of a criminal offense or comparable ordinance violation,
 1616  or been adjudicated delinquent for committing any felony or a
 1617  misdemeanor specified in s. 943.051(3)(b).
 1618         (d) Has not been adjudicated guilty of or adjudicated
 1619  delinquent for committing any of the acts stemming from the
 1620  arrest or alleged criminal activity to which the petition to
 1621  seal pertains.
 1622         (e) Has never secured a prior sealing or expunction of a
 1623  criminal history record under this section, s. 943.0585, former
 1624  s. 893.14, former s. 901.33, or former s. 943.058.
 1625         (f) Is no longer under court supervision applicable to the
 1626  disposition of the arrest or alleged criminal activity to which
 1627  the petition to seal pertains.
 1628         (3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
 1629         (a) In judicial proceedings under this section, a copy of
 1630  the completed petition to seal shall be served upon the
 1631  appropriate state attorney or the statewide prosecutor and upon
 1632  the arresting agency; however, it is not necessary to make any
 1633  agency other than the state a party. The appropriate state
 1634  attorney or the statewide prosecutor and the arresting agency
 1635  may respond to the court regarding the completed petition to
 1636  seal.
 1637         (b) If relief is granted by the court, the clerk of the
 1638  court shall certify copies of the order to the appropriate state
 1639  attorney or the statewide prosecutor and to the arresting
 1640  agency. The arresting agency is responsible for forwarding the
 1641  order to any other agency to which the arresting agency
 1642  disseminated the criminal history record information to which
 1643  the order pertains. The department shall forward the order to
 1644  seal to the Federal Bureau of Investigation. The clerk of the
 1645  court shall certify a copy of the order to any other agency
 1646  which the records of the court reflect has received the criminal
 1647  history record from the court.
 1648         (c) For an order to seal entered by a court prior to July
 1649  1, 1992, the department shall notify the appropriate state
 1650  attorney or statewide prosecutor of any order to seal which is
 1651  contrary to law because the person who is the subject of the
 1652  record has previously been convicted of a crime or comparable
 1653  ordinance violation or has had a prior criminal history record
 1654  sealed or expunged. Upon receipt of such notice, the appropriate
 1655  state attorney or statewide prosecutor shall take action, within
 1656  60 days, to correct the record and petition the court to void
 1657  the order to seal. The department shall seal the record until
 1658  such time as the order is voided by the court.
 1659         (d) On or after July 1, 1992, the department or any other
 1660  criminal justice agency is not required to act on an order to
 1661  seal entered by a court when such order does not comply with the
 1662  requirements of this section. Upon receipt of such an order, the
 1663  department must notify the issuing court, the appropriate state
 1664  attorney or statewide prosecutor, the petitioner or the
 1665  petitioner’s attorney, and the arresting agency of the reason
 1666  for noncompliance. The appropriate state attorney or statewide
 1667  prosecutor shall take action within 60 days to correct the
 1668  record and petition the court to void the order. No cause of
 1669  action, including contempt of court, shall arise against any
 1670  criminal justice agency for failure to comply with an order to
 1671  seal when the petitioner for such order failed to obtain the
 1672  certificate of eligibility as required by this section or when
 1673  such order does not comply with the requirements of this
 1674  section.
 1675         (e) An order sealing a criminal history record pursuant to
 1676  this section does not require that such record be surrendered to
 1677  the court, and such record shall continue to be maintained by
 1678  the department and other criminal justice agencies.
 1679         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
 1680  history record of a minor or an adult which is ordered sealed by
 1681  a court of competent jurisdiction pursuant to this section is
 1682  confidential and exempt from the provisions of s. 119.07(1) and
 1683  s. 24(a), Art. I of the State Constitution and is available only
 1684  to the person who is the subject of the record, to the subject’s
 1685  attorney, to criminal justice agencies for their respective
 1686  criminal justice purposes, which include conducting a criminal
 1687  history background check for approval of firearms purchases or
 1688  transfers as authorized by state or federal law, to judges in
 1689  the state courts system for the purpose of assisting them in
 1690  their case-related decisionmaking responsibilities, as set forth
 1691  in s. 943.053(5), or to those entities set forth in
 1692  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
 1693  licensing, access authorization, and employment purposes.
 1694         (a) The subject of a criminal history record sealed under
 1695  this section or under other provisions of law, including former
 1696  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
 1697  deny or fail to acknowledge the arrests covered by the sealed
 1698  record, except when the subject of the record:
 1699         1. Is a candidate for employment with a criminal justice
 1700  agency;
 1701         2. Is a defendant in a criminal prosecution;
 1702         3. Concurrently or subsequently petitions for relief under
 1703  this section, s. 943.0583, or s. 943.0585;
 1704         4. Is a candidate for admission to The Florida Bar;
 1705         5. Is seeking to be employed or licensed by or to contract
 1706  with the Department of Children and Families, the Division of
 1707  Vocational Rehabilitation within the Department of Education,
 1708  the Agency for Health Care Administration, the Agency for
 1709  Persons with Disabilities, the Department of Health, the
 1710  Department of Elderly Affairs, or the Department of Juvenile
 1711  Justice or to be employed or used by such contractor or licensee
 1712  in a sensitive position having direct contact with children, the
 1713  disabled, or the elderly;
 1714         6. Is seeking to be employed or licensed by the Department
 1715  of Education, any district school board, any university
 1716  laboratory school, any charter school, any private or parochial
 1717  school, or any local governmental entity that licenses child
 1718  care facilities; or
 1719         7. Is attempting to purchase a firearm from a licensed
 1720  importer, licensed manufacturer, or licensed dealer and is
 1721  subject to a criminal history check under state or federal law.
 1722         (b) Subject to the exceptions in paragraph (a), a person
 1723  who has been granted a sealing under this section, former s.
 1724  893.14, former s. 901.33, or former s. 943.058 may not be held
 1725  under any provision of law of this state to commit perjury or to
 1726  be otherwise liable for giving a false statement by reason of
 1727  such person’s failure to recite or acknowledge a sealed criminal
 1728  history record.
 1729         (c) Information relating to the existence of a sealed
 1730  criminal record provided in accordance with the provisions of
 1731  paragraph (a) is confidential and exempt from the provisions of
 1732  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 1733  except that the department shall disclose the sealed criminal
 1734  history record to the entities set forth in subparagraphs (a)1.,
 1735  4., 5., 6., and 8. for their respective licensing, access
 1736  authorization, and employment purposes. It is unlawful for any
 1737  employee of an entity set forth in subparagraph (a)1.,
 1738  subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
 1739  subparagraph (a)8. to disclose information relating to the
 1740  existence of a sealed criminal history record of a person
 1741  seeking employment, access authorization, or licensure with such
 1742  entity or contractor, except to the person to whom the criminal
 1743  history record relates or to persons having direct
 1744  responsibility for employment, access authorization, or
 1745  licensure decisions. Any person who violates the provisions of
 1746  this paragraph commits a misdemeanor of the first degree,
 1747  punishable as provided in s. 775.082 or s. 775.083.
 1748         (5) STATUTORY REFERENCES.—Any reference to any other
 1749  chapter, section, or subdivision of the Florida Statutes in this
 1750  section constitutes a general reference under the doctrine of
 1751  incorporation by reference.
 1752         Section 27. Paragraph (b) of subsection (1) of section
 1753  944.606, Florida Statutes, is amended to read:
 1754         944.606 Sexual offenders; notification upon release.—
 1755         (1) As used in this section:
 1756         (b) “Sexual offender” means a person who has been convicted
 1757  of committing, or attempting, soliciting, or conspiring to
 1758  commit, any of the criminal offenses proscribed in the following
 1759  statutes in this state or similar offenses in another
 1760  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 1761  the victim is a minor and the defendant is not the victim’s
 1762  parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
 1763  s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
 1764  796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
 1765  847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
 1766  847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
 1767  committed in this state which has been redesignated from a
 1768  former statute number to one of those listed in this subsection,
 1769  when the department has received verified information regarding
 1770  such conviction; an offender’s computerized criminal history
 1771  record is not, in and of itself, verified information.
 1772         Section 28. Paragraph (a) of subsection (1) of section
 1773  944.607, Florida Statutes, is amended to read:
 1774         944.607 Notification to Department of Law Enforcement of
 1775  information on sexual offenders.—
 1776         (1) As used in this section, the term:
 1777         (a) “Sexual offender” means a person who is in the custody
 1778  or control of, or under the supervision of, the department or is
 1779  in the custody of a private correctional facility:
 1780         1. On or after October 1, 1997, as a result of a conviction
 1781  for committing, or attempting, soliciting, or conspiring to
 1782  commit, any of the criminal offenses proscribed in the following
 1783  statutes in this state or similar offenses in another
 1784  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 1785  the victim is a minor and the defendant is not the victim’s
 1786  parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
 1787  s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
 1788  796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
 1789  847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
 1790  847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
 1791  committed in this state which has been redesignated from a
 1792  former statute number to one of those listed in this paragraph;
 1793  or
 1794         2. Who establishes or maintains a residence in this state
 1795  and who has not been designated as a sexual predator by a court
 1796  of this state but who has been designated as a sexual predator,
 1797  as a sexually violent predator, or by another sexual offender
 1798  designation in another state or jurisdiction and was, as a
 1799  result of such designation, subjected to registration or
 1800  community or public notification, or both, or would be if the
 1801  person were a resident of that state or jurisdiction, without
 1802  regard as to whether the person otherwise meets the criteria for
 1803  registration as a sexual offender.
 1804         Section 29. Subsection (2) of section 948.013, Florida
 1805  Statutes, is amended to read:
 1806         948.013 Administrative probation.—
 1807         (2) Effective for an offense committed on or after July 1,
 1808  1998, a person is ineligible for placement on administrative
 1809  probation if the person is sentenced to or is serving a term of
 1810  probation or community control, regardless of the conviction or
 1811  adjudication, for committing, or attempting, conspiring, or
 1812  soliciting to commit, any of the felony offenses described in s.
 1813  787.01 or s. 787.02, where the victim is a minor and the
 1814  defendant is not the victim’s parent; s. 787.025; chapter 794;
 1815  s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
 1816  847.0133; s. 847.0135; or s. 847.0145.
 1817         Section 30. Subsection (1) of section 948.32, Florida
 1818  Statutes, is amended to read:
 1819         948.32 Requirements of law enforcement agency upon arrest
 1820  of persons for certain sex offenses.—
 1821         (1) When any state or local law enforcement agency
 1822  investigates or arrests a person for committing, or attempting,
 1823  soliciting, or conspiring to commit, a violation of s.
 1824  787.025(2)(c), chapter 794, s. 796.03, s. 800.04, s. 827.071, s.
 1825  847.0133, s. 847.0135, or s. 847.0145, the law enforcement
 1826  agency shall contact the Department of Corrections to verify
 1827  whether the person under investigation or under arrest is on
 1828  probation, community control, parole, conditional release, or
 1829  control release.
 1830         Section 31. This act shall take effect October 1, 2014.