Florida Senate - 2014                CS for CS for CS for SB 768
       
       
        
       By the Committees on Appropriations; Judiciary; and Criminal
       Justice; and Senators Braynon and Joyner
       
       
       
       
       576-04520-14                                           2014768c3
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; amending s.
    3         92.56, F.S.; authorizing a defendant who has been
    4         charged with specified human trafficking offenses to
    5         apply for an order of disclosure of confidential and
    6         exempt information; authorizing the court to use a
    7         pseudonym, instead of a victim’s name, to designate
    8         the victim of specified human trafficking offenses;
    9         providing that trial testimony for specified human
   10         trafficking offenses may be published or broadcast
   11         under certain circumstances; amending s. 450.021,
   12         F.S.; prohibiting the employment of minors in adult
   13         theaters; amending s. 450.045, F.S.; requiring adult
   14         theaters to verify the ages of employees and
   15         independent contractors and maintain specified
   16         documentation; amending s. 775.082, F.S.; providing a
   17         life sentence for a specified felony; amending s.
   18         775.15, F.S.; eliminating the statute of limitations
   19         for prosecutions under a specified human trafficking
   20         provision; providing applicability; amending s.
   21         787.06, F.S.; revising and providing penalties for
   22         various human trafficking offenses against minors and
   23         adults; creating s. 796.001, F.S.; providing
   24         legislative intent concerning prosecutions of adults
   25         for certain offenses involving minors; repealing ss.
   26         796.03, 796.035, and 796.036, F.S., relating to
   27         procuring a person under the age of 18 for
   28         prostitution, selling or buying of minors into
   29         prostitution, and reclassification of certain
   30         violations involving minors, respectively; amending
   31         ss. 796.05 and 796.07, F.S.; revising and providing
   32         penalties for various prostitution offenses; amending
   33         s. 921.0022, F.S.; conforming provisions of the
   34         offense severity ranking chart of the Criminal
   35         Punishment Code to changes made by the act; amending
   36         s. 943.0583, F.S.; providing for expunction of
   37         criminal history records of certain criminal charges
   38         against victims of human trafficking that did not
   39         result in convictions; requiring destruction of
   40         investigative records related to such expunged
   41         records; amending s. 960.065, F.S.; providing an
   42         exception to ineligibility for victim assistance
   43         awards to specified victims of human trafficking;
   44         amending s. 960.199, F.S.; authorizing the Department
   45         of Legal Affairs to provide relocation assistance to a
   46         victim of specified human trafficking offenses;
   47         requiring the human trafficking offense to be reported
   48         to the proper authorities and certified by the state
   49         attorney or statewide prosecutor; requiring the state
   50         attorney’s or statewide prosecutor’s approval of a
   51         rape crisis center’s or a certified domestic violence
   52         center’s certification that a victim is cooperating
   53         with law enforcement officials; providing that the act
   54         of human trafficking must occur under certain
   55         circumstances for the victim to be eligible for
   56         relocation assistance; amending ss. 39.01, 90.404,
   57         772.102, 775.0877, 775.21, 787.01, 787.02, 794.056,
   58         856.022, 895.02, 938.085, 938.10, 943.0435, 943.0585,
   59         943.059, 944.606, 944.607, 948.013, and 948.32, F.S.;
   60         conforming cross-references; providing an effective
   61         date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Section 92.56, Florida Statutes, is amended to
   66  read:
   67         92.56 Judicial proceedings and court records involving
   68  sexual offenses and human trafficking.—
   69         (1)(a) The confidential and exempt status of criminal
   70  intelligence information or criminal investigative information
   71  made confidential and exempt pursuant to s. 119.071(2)(h) must
   72  be maintained in court records pursuant to s. 119.0714(1)(h) and
   73  in court proceedings, including testimony from witnesses.
   74         (b) If a petition for access to such confidential and
   75  exempt records is filed with the trial court having jurisdiction
   76  over the alleged offense, the confidential and exempt status of
   77  such information shall be maintained by the court if the state
   78  or the victim demonstrates that:
   79         1. The identity of the victim is not already known in the
   80  community;
   81         2. The victim has not voluntarily called public attention
   82  to the offense;
   83         3. The identity of the victim has not otherwise become a
   84  reasonable subject of public concern;
   85         4. The disclosure of the victim’s identity would be
   86  offensive to a reasonable person; and
   87         5. The disclosure of the victim’s identity would:
   88         a. Endanger the victim because the assailant has not been
   89  apprehended and is not otherwise known to the victim;
   90         b. Endanger the victim because of the likelihood of
   91  retaliation, harassment, or intimidation;
   92         c. Cause severe emotional or mental harm to the victim;
   93         d. Make the victim unwilling to testify as a witness; or
   94         e. Be inappropriate for other good cause shown.
   95         (2) A defendant charged with a crime specified described in
   96  s. 787.06(3)(a), if the victim is younger than 18 years of age,
   97  in s. 787.06(3)(b), (d), (f), or (g), or in chapter 794 or
   98  chapter 800, or with child abuse, aggravated child abuse, or
   99  sexual performance by a child as described in chapter 827, may
  100  apply to the trial court for an order of disclosure of
  101  information in court records held confidential and exempt
  102  pursuant to s. 119.0714(1)(h) or maintained as confidential and
  103  exempt pursuant to court order under this section. Such
  104  identifying information concerning the victim may be released to
  105  the defendant or his or her attorney in order to prepare the
  106  defense. The confidential and exempt status of this information
  107  does may not be construed to prevent the disclosure of the
  108  victim’s identity to the defendant; however, the defendant may
  109  not disclose the victim’s identity to any person other than the
  110  defendant’s attorney or any other person directly involved in
  111  the preparation of the defense. A willful and knowing disclosure
  112  of the identity of the victim to any other person by the
  113  defendant constitutes contempt.
  114         (3) The state may use a pseudonym instead of the victim’s
  115  name to designate the victim of a crime specified described in
  116  s. 787.06(3)(a), if the victim is younger than 18 years of age,
  117  in s. 787.06(3)(b), (d), (f), or (g), or in chapter 794 or
  118  chapter 800, or of child abuse, aggravated child abuse, or
  119  sexual performance by a child as described in chapter 827, or
  120  any crime involving the production, possession, or promotion of
  121  child pornography as described in chapter 847, in all court
  122  records and records of court proceedings, both civil and
  123  criminal.
  124         (4) The protection of this section may be waived by the
  125  victim of the alleged offense in a writing filed with the court,
  126  in which the victim consents to the use or release of
  127  identifying information during court proceedings and in the
  128  records of court proceedings.
  129         (5) This section does not prohibit the publication or
  130  broadcast of the substance of trial testimony in a prosecution
  131  for an offense specified described in s. 787.06(3)(a), if the
  132  victim is younger than 18 years of age, in s. 787.06(3)(b), (d),
  133  (f), or (g), or in chapter 794 or chapter 800, or for a crime of
  134  child abuse, aggravated child abuse, or sexual performance by a
  135  child, as described in chapter 827; however, but the publication
  136  or broadcast may not include an identifying photograph, an
  137  identifiable voice, or the name or address of the victim, unless
  138  the victim has consented in writing to the publication and filed
  139  such consent with the court or unless the court has declared
  140  such records not confidential and exempt as provided for in
  141  subsection (1).
  142         (6) A willful and knowing violation of this section or a
  143  willful and knowing failure to obey a any court order issued
  144  under this section constitutes contempt.
  145         Section 2. Subsection (5) is added to section 450.021,
  146  Florida Statutes, to read:
  147         450.021 Minimum age; general.—
  148         (5) In order to better ensure the elimination of minors
  149  being exploited and becoming victims of human trafficking, a
  150  person under the age of 18, whether or not such person’s
  151  disabilities of nonage have been removed by marriage or
  152  otherwise, may not be employed, permitted, or suffered to work
  153  in an adult theater, as defined in s. 847.001(2)(b).
  154         Section 3. Subsection (3) is added to section 450.045,
  155  Florida Statutes, to read:
  156         450.045 Proof of identity and age; posting of notices.—
  157         (3)(a) In order to provide the department and law
  158  enforcement agencies the means to more effectively identify,
  159  investigate, and arrest persons engaging in human trafficking,
  160  an adult theater as defined in s. 847.001(2)(b) shall obtain
  161  proof of the identity and age of each of its employees or
  162  independent contractors, and shall verify the validity of the
  163  identification and age verification document with the issuer,
  164  before his or her employment or provision of services as an
  165  independent contractor.
  166         (b) The adult theater shall obtain and keep on record a
  167  photocopy of the person’s driver license or state or federal
  168  government-issued photo identification card, along with a record
  169  of the verification of the validity of the identification and
  170  age verification document with the issuer, during the entire
  171  period of employment or business relationship with the
  172  independent contractor and for at least 3 years after the
  173  employee or independent contractor ceases employment or the
  174  provision of services.
  175         (c) The department and its agents have the authority to
  176  enter during operating hours, unannounced and without prior
  177  notice, and inspect at any time a place or establishment covered
  178  by this subsection and to have access to age verification
  179  documents kept on file by the adult theater and such other
  180  records as may aid in the enforcement of this subsection.
  181         Section 4. Paragraph (a) of subsection (3) of section
  182  775.082, Florida Statutes, is amended to read:
  183         775.082 Penalties; applicability of sentencing structures;
  184  mandatory minimum sentences for certain reoffenders previously
  185  released from prison.—
  186         (3) A person who has been convicted of any other designated
  187  felony may be punished as follows:
  188         (a)1. For a life felony committed prior to October 1, 1983,
  189  by a term of imprisonment for life or for a term of years not
  190  less than 30.
  191         2. For a life felony committed on or after October 1, 1983,
  192  by a term of imprisonment for life or by a term of imprisonment
  193  not exceeding 40 years.
  194         3. Except as provided in subparagraph 4., for a life felony
  195  committed on or after July 1, 1995, by a term of imprisonment
  196  for life or by imprisonment for a term of years not exceeding
  197  life imprisonment.
  198         4.a. Except as provided in sub-subparagraph b., for a life
  199  felony committed on or after September 1, 2005, which is a
  200  violation of s. 800.04(5)(b), by:
  201         (I) A term of imprisonment for life; or
  202         (II) A split sentence that is a term of not less than 25
  203  years’ imprisonment and not exceeding life imprisonment,
  204  followed by probation or community control for the remainder of
  205  the person’s natural life, as provided in s. 948.012(4).
  206         b. For a life felony committed on or after July 1, 2008,
  207  which is a person’s second or subsequent violation of s.
  208  800.04(5)(b), by a term of imprisonment for life.
  209         5. For a life felony committed on or after October 1, 2014,
  210  which is a violation of s. 787.06(3)(g), by a term of
  211  imprisonment for life.
  212         Section 5. Subsection (18) is added to section 775.15,
  213  Florida Statutes, to read:
  214         775.15 Time limitations; general time limitations;
  215  exceptions.—
  216         (18) A prosecution for a violation of s. 787.06 may be
  217  commenced at any time. This subsection applies to any such
  218  offense except an offense the prosecution of which would have
  219  been barred by subsection (2) on or before October 1, 2014.
  220         Section 6. Subsections (3) and (4) of section 787.06,
  221  Florida Statutes, are amended, and subsection (8) is added to
  222  that section, to read:
  223         787.06 Human trafficking.—
  224         (3) A Any person who knowingly, or in reckless disregard of
  225  the facts, engages in human trafficking, or attempts to engage
  226  in human trafficking, or benefits financially by receiving
  227  anything of value from participation in a venture that has
  228  subjected a person to human trafficking:
  229         (a)1.Using coercion For labor or services of any child
  230  under the age of 18 commits a felony of the first degree,
  231  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  232         2. Using coercion for labor or services of an adult commits
  233  a felony of the first degree, punishable as provided in s.
  234  775.082, s. 775.083, or s. 775.084.
  235         (b) Using coercion for commercial sexual activity of an
  236  adult commits a felony of the first degree, punishable as
  237  provided in s. 775.082, s. 775.083, or s. 775.084.
  238         (c)1.Using coercion For labor or services of any child
  239  under the age of 18 individual who is an unauthorized alien
  240  commits a felony of the first degree, punishable as provided in
  241  s. 775.082, s. 775.083, or s. 775.084.
  242         2. Using coercion for labor or services of an adult who is
  243  an unauthorized alien commits a felony of the first degree,
  244  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  245         (d) Using coercion for commercial sexual activity of an
  246  adult any individual who is an unauthorized alien commits a
  247  felony of the first degree, punishable as provided in s.
  248  775.082, s. 775.083, or s. 775.084.
  249         (e)1.Using coercion For labor or services who does so by
  250  the transfer or transport of any child under the age of 18
  251  individual from outside this state to within the state commits a
  252  felony of the first degree, punishable as provided in s.
  253  775.082, s. 775.083, or s. 775.084.
  254         2. Using coercion for labor or services who does so by the
  255  transfer or transport of an adult from outside this state to
  256  within the state commits a felony of the first degree,
  257  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  258         (f)1.Using coercion For commercial sexual activity who
  259  does so by the transfer or transport of any child under the age
  260  of 18 individual from outside this state to within the state
  261  commits a felony of the first degree, punishable by imprisonment
  262  for a term of years not exceeding life, or as provided in s.
  263  775.082, s. 775.083, or s. 775.084.
  264         2. Using coercion for commercial sexual activity who does
  265  so by the transfer or transport of an adult from outside this
  266  state to within the state commits a felony of the first degree,
  267  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  268         (g) For commercial sexual activity in which any child under
  269  the age of 18, or in which any person who is mentally defective
  270  or mentally incapacitated as those terms are defined in s.
  271  794.011(1), is involved commits a life felony of the first
  272  degree, punishable by imprisonment for a term of years not
  273  exceeding life, or as provided in s. 775.082(3)(a)5. 775.082, s.
  274  775.083, or s. 775.084. In a prosecution under this paragraph in
  275  which the defendant had a reasonable opportunity to observe the
  276  person who was subject to human trafficking, the state need not
  277  prove that the defendant knew that the person had not attained
  278  the age of 18 years.
  279         (h) For commercial sexual activity in which any child under
  280  the age of 15 is involved commits a life felony, punishable as
  281  provided in s. 775.082, s. 775.083, or s. 775.084. In a
  282  prosecution under this paragraph in which the defendant had a
  283  reasonable opportunity to observe the person who was subject to
  284  human trafficking, the state need not prove that the defendant
  285  knew that the person had not attained the age of 15 years.
  286  
  287  For each instance of human trafficking of any individual under
  288  this subsection, a separate crime is committed and a separate
  289  punishment is authorized.
  290         (4)(a)A Any parent, legal guardian, or other person having
  291  custody or control of a minor who sells or otherwise transfers
  292  custody or control of such minor, or offers to sell or otherwise
  293  transfer custody of such minor, with knowledge or in reckless
  294  disregard of the fact that, as a consequence of the sale or
  295  transfer, the minor will be subject to human trafficking commits
  296  a life first degree felony, punishable as provided in s.
  297  775.082, s. 775.083, or s. 775.084.
  298         (b) A person who permanently brands, or directs to be
  299  branded, a victim of an offense under this section commits a
  300  second degree felony, punishable as provided in s. 775.082, s.
  301  775.083, or s. 775.084. For purposes of this subsection, the
  302  term “permanently branded” means a mark on the individual’s body
  303  that, if it can be removed or repaired at all, can be removed or
  304  repaired only by surgical means, laser treatment, or other
  305  medical procedure.
  306         (8) In a prosecution under this section, the defendant’s
  307  ignorance of the victim’s age, the victim’s misrepresentation of
  308  his or her age, or the defendant’s bona fide belief of the
  309  victim’s age cannot be raised as a defense.
  310         Section 7. Section 796.001, Florida Statutes, is created to
  311  read:
  312         796.001 Offenses by adults involving minors; intent.—It is
  313  the intent of the Legislature that adults who involve minors in
  314  any behavior prohibited under this chapter be prosecuted under
  315  other laws of this state, such as, but not limited to, s.
  316  787.06, chapter 794, chapter 800, s. 810.145, chapter 827, and
  317  chapter 847. The Legislature finds that the prosecution of such
  318  adults under this chapter is inappropriate since a minor is
  319  unable to consent to such behavior.
  320         Section 8. Sections 796.03, 796.035, and 796.036, Florida
  321  Statutes, are repealed.
  322         Section 9. Section 796.05, Florida Statutes, is amended to
  323  read:
  324         796.05 Deriving support from the proceeds of prostitution.—
  325         (1) It shall be unlawful for any person with reasonable
  326  belief or knowing another person is engaged in prostitution to
  327  live or derive support or maintenance in whole or in part from
  328  what is believed to be the earnings or proceeds of such person’s
  329  prostitution.
  330         (2) Anyone violating this section commits:
  331         (a) For a first offense, a felony of the second third
  332  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  333  775.084.
  334         (b) For a second offense, a felony of the first degree,
  335  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  336         (c) For a third or subsequent offense, a felony of the
  337  first degree punishable as provided in s. 775.082, s. 775.083,
  338  or s. 775.084, with a mandatory minimum term of imprisonment of
  339  10 years.
  340         Section 10. Subsection (2) and subsections (4) through (6)
  341  of section 796.07, Florida Statutes, are amended to read:
  342         796.07 Prohibiting prostitution and related acts.—
  343         (2) It is unlawful:
  344         (a) To own, establish, maintain, or operate any place,
  345  structure, building, or conveyance for the purpose of lewdness,
  346  assignation, or prostitution.
  347         (b) To offer, or to offer or agree to secure, another for
  348  the purpose of prostitution or for any other lewd or indecent
  349  act.
  350         (c) To receive, or to offer or agree to receive, any person
  351  into any place, structure, building, or conveyance for the
  352  purpose of prostitution, lewdness, or assignation, or to permit
  353  any person to remain there for such purpose.
  354         (d) To direct, take, or transport, or to offer or agree to
  355  direct, take, or transport, any person to any place, structure,
  356  or building, or to any other person, with knowledge or
  357  reasonable cause to believe that the purpose of such directing,
  358  taking, or transporting is prostitution, lewdness, or
  359  assignation.
  360         (e) To offer to commit, or to commit, or to engage in,
  361  prostitution, lewdness, or assignation.
  362         (f) To solicit, induce, entice, or procure another to
  363  commit prostitution, lewdness, or assignation.
  364         (g) To reside in, enter, or remain in, any place,
  365  structure, or building, or to enter or remain in any conveyance,
  366  for the purpose of prostitution, lewdness, or assignation.
  367         (h) To aid or, abet, or participate in any of the acts or
  368  things enumerated in this subsection.
  369         (i) To purchase the services of any person engaged in
  370  prostitution.
  371         (4) A person who violates paragraph (2)(e) or (g) any
  372  provision of this section commits:
  373         (a) A misdemeanor of the second degree for a first
  374  violation, punishable as provided in s. 775.082 or s. 775.083.
  375         (b) A misdemeanor of the first degree for a second
  376  violation, punishable as provided in s. 775.082 or s. 775.083.
  377         (c) A felony of the third degree for a third or subsequent
  378  violation, punishable as provided in s. 775.082, s. 775.083, or
  379  s. 775.084.
  380         (5) A person who violates paragraph (2)(a), (b), (c), (d),
  381  (f), (h), or (i) commits:
  382         (a) For a first offense, a felony of the third degree,
  383  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  384         (b) For a second offense, a felony of the second degree,
  385  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  386         (c) For a third or subsequent offense, a felony of the
  387  first degree, punishable as provided in s. 775.082, s. 775.083,
  388  or s. 775.084. A person who is charged with a third or
  389  subsequent violation of this section shall be offered admission
  390  to a pretrial intervention program or a substance abuse
  391  treatment program as provided in s. 948.08.
  392         (6) A person who violates paragraph (2)(a), (b), (c), (d),
  393  (f), (h), or (i) paragraph (2)(f) shall be assessed a criminal
  394  civil penalty of $5,000 if the violation results in any judicial
  395  disposition other than acquittal or dismissal. Of the proceeds
  396  from each penalty assessed under this subsection, the first $500
  397  shall be paid to the circuit court administrator for the sole
  398  purpose of paying the administrative costs of treatment-based
  399  drug court programs provided under s. 397.334. The remainder of
  400  the penalty assessed shall be deposited in the Operations and
  401  Maintenance Trust Fund of the Department of Children and Family
  402  Services for the sole purpose of funding safe houses and short
  403  term safe houses as provided in s. 409.1678.
  404         Section 11. Paragraphs (c), (e), and (g) through (j) of
  405  subsection (3) of section 921.0022, Florida Statutes, are
  406  amended to read:
  407         921.0022 Criminal Punishment Code; offense severity ranking
  408  chart.—
  409         (3) OFFENSE SEVERITY RANKING CHART
  410         (c) LEVEL 3
  411  
  412  
  413  FloridaStatute    FelonyDegree           Description            
  414  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
  415  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
  416  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
  417  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  418  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  419  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  420  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
  421  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  422  327.35(2)(b)         3rd   Felony BUI.                       
  423  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  424  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  425  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  426  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.
  427  379.2431 (1)(e)6.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  428  400.9935(4)          3rd   Operating a clinic without a license or filing false license application or other required information.
  429  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  430  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
  431  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
  432  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  433  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
  434  697.08               3rd   Equity skimming.                  
  435  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
  436  796.05(1)            3rd   Live on earnings of a prostitute. 
  437  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  438  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
  439  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  440  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
  441  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  442  815.04(4)(b)         2nd   Computer offense devised to defraud or obtain property.
  443  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  444  817.233              3rd   Burning to defraud insurer.       
  445  817.234 (8)(b)-(c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  446  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
  447  817.236              3rd   Filing a false motor vehicle insurance application.
  448  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  449  817.413(2)           3rd   Sale of used goods as new.        
  450  817.505(4)           3rd   Patient brokering.                
  451  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  452  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  453  831.29               2nd   Possession of instruments for counterfeiting drivers’ licenses or identification cards.
  454  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
  455  843.19               3rd   Injure, disable, or kill police dog or horse.
  456  860.15(3)            3rd   Overcharging for repairs and parts.
  457  870.01(2)            3rd   Riot; inciting or encouraging.    
  458  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).
  459  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.
  460  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.
  461  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
  462  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  463  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  464  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
  465  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  466  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.
  467  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.
  468  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  469  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.
  470  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
  471  944.47 (1)(a)1.-2.   3rd   Introduce contraband to correctional facility.
  472  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
  473  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  474         (e) LEVEL 5
  475  
  476  
  477  FloridaStatute    FelonyDegree           Description            
  478  316.027(1)(a)        3rd   Accidents involving personal injuries, failure to stop; leaving scene.
  479  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  480  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  481  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  482  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  483  379.3671 (2)(c)3.    3rd   Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  484  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  485  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  486  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  487  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  488  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  489  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  490  790.01(2)            3rd   Carrying a concealed firearm.     
  491  790.162              2nd   Threat to throw or discharge destructive device.
  492  790.163(1)           2nd   False report of deadly explosive or weapon of mass destruction.
  493  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  494  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  495  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  496  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years.
  497  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years or older.
  498  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  499  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  500  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  501  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  502  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  503  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  504  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  505  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  506  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.
  507  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.
  508  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  509  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  510  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  511  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  512  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.
  513  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
  514  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  515  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  516  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  517  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  518  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 to join a criminal gang.
  519  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).
  520  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.
  521  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.
  522  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.
  523  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.
  524  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).
  525  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  526         (g) LEVEL 7
  527  
  528  
  529  FloridaStatute    FelonyDegree           Description            
  530  316.027(1)(b)        1st   Accident involving death, failure to stop; leaving scene.
  531  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
  532  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.
  533  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
  534  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  535  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
  536  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  537  456.065(2)           3rd   Practicing a health care profession without a license.
  538  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
  539  458.327(1)           3rd   Practicing medicine without a license.
  540  459.013(1)           3rd   Practicing osteopathic medicine without a license.
  541  460.411(1)           3rd   Practicing chiropractic medicine without a license.
  542  461.012(1)           3rd   Practicing podiatric medicine without a license.
  543  462.17               3rd   Practicing naturopathy without a license.
  544  463.015(1)           3rd   Practicing optometry without a license.
  545  464.016(1)           3rd   Practicing nursing without a license.
  546  465.015(2)           3rd   Practicing pharmacy without a license.
  547  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
  548  467.201              3rd   Practicing midwifery without a license.
  549  468.366              3rd   Delivering respiratory care services without a license.
  550  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
  551  483.901(9)           3rd   Practicing medical physics without a license.
  552  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
  553  484.053              3rd   Dispensing hearing aids without a license.
  554  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.
  555  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.
  556  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  557  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  558  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  559  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
  560  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  561  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  562  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  563  782.071              2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  564  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  565  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  566  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
  567  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
  568  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
  569  784.048(7)           3rd   Aggravated stalking; violation of court order.
  570  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
  571  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
  572  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
  573  784.081(1)           1st   Aggravated battery on specified official or employee.
  574  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
  575  784.083(1)           1st   Aggravated battery on code inspector.
  576  787.06(3)(a)2.       1st   Human trafficking using coercion for labor and services of an adult.
  577  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.
  578  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  579  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
  580  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
  581  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  582  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  583  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  584  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  585  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.
  586  796.03               2nd   Procuring any person under 16 years for prostitution.
  587  796.05(1)            1st   Live on earnings of a prostitute; 2nd offense.
  588  796.05(1)            1st   Live on earnings of a prostitute; 3rd and subsequent offense.
  589  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  590  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.
  591  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
  592  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  593  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  594  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  595  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
  596  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.
  597  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  598  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  599  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  600  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
  601  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  602  812.131(2)(a)        2nd   Robbery by sudden snatching.      
  603  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
  604  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
  605  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  606  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  607  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
  608  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.
  609  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
  610  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  611  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.
  612  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  613  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  614  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
  615  838.015              2nd   Bribery.                          
  616  838.016              2nd   Unlawful compensation or reward for official behavior.
  617  838.021(3)(a)        2nd   Unlawful harm to a public servant.
  618  838.22               2nd   Bid tampering.                    
  619  843.0855(2)          3rd   Impersonation of a public officer or employee.
  620  843.0855(3)          3rd   Unlawful simulation of legal process.
  621  843.0855(4)          3rd   Intimidation of a public officer or employee.
  622  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  623  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
  624  872.06               2nd   Abuse of a dead human body.       
  625  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  626  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  627  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.
  628  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.
  629  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).
  630  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  631  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  632  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  633  893.135(1)(d)1.      1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  634  893.135(1)(e)1.      1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  635  893.135(1)(f)1.      1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  636  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  637  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  638  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  639  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  640  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  641  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  642  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  643  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  644  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  645  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
  646  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  647  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  648  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
  649  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  650  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  651  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  652  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  653  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  654  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  655         (h) LEVEL 8
  656  
  657  
  658  FloridaStatute    FelonyDegree           Description            
  659  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                 
  660  316.1935(4)(b)       1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
  661  327.35(3)(c)3.       2nd   Vessel BUI manslaughter.          
  662  499.0051(7)          1st   Knowing trafficking in contraband prescription drugs.
  663  499.0051(8)          1st   Knowing forgery of prescription labels or prescription drug labels.
  664  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.
  665  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.
  666  655.50(10)(b)2.      2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  667  777.03(2)(a)         1st   Accessory after the fact, capital felony.
  668  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.
  669  782.051(2)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  670  782.071(1)(b)        1st   Committing vehicular homicide and failing to render aid or give information.
  671  782.072(2)           1st   Committing vessel homicide and failing to render aid or give information.
  672  787.06(3)(a)1.       1st   Human trafficking for labor and services of a child.
  673  787.06(3)(b)         1st   Human trafficking using coercion for commercial sexual activity of an adult.
  674  787.06(3)(c)2.       1st   Human trafficking using coercion for labor and services of an unauthorized alien adult.
  675  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.
  676  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.
  677  790.161(3)           1st   Discharging a destructive device which results in bodily harm or property damage.
  678  794.011(5)           2nd   Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  679  794.08(3)            2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  680  800.04(4)            2nd   Lewd or lascivious battery.       
  681  806.01(1)            1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  682  810.02(2)(a)       1st,PBL Burglary with assault or battery. 
  683  810.02(2)(b)       1st,PBL Burglary; armed with explosives or dangerous weapon.
  684  810.02(2)(c)         1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  685  812.014(2)(a)2.      1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  686  812.13(2)(b)         1st   Robbery with a weapon.            
  687  812.135(2)(c)        1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  688  817.535(2)(b)        2nd   Filing false lien or other unauthorized document; second or subsequent offense.
  689  817.535(3)(a)        2nd   Filing false lien or other unauthorized document; property owner is a public officer or employee.
  690  817.535(4)(a)1.      2nd   Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  691  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.
  692  817.568(6)           2nd   Fraudulent use of personal identification information of an individual under the age of 18.
  693  825.102(2)           1st   Aggravated abuse of an elderly person or disabled adult.
  694  825.1025(2)          2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
  695  825.103(2)(a)        1st   Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  696  837.02(2)            2nd   Perjury in official proceedings relating to prosecution of a capital felony.
  697  837.021(2)           2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  698  860.121(2)(c)        1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  699  860.16               1st   Aircraft piracy.                  
  700  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).
  701  893.13(2)(b)         1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  702  893.13(6)(c)         1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  703  893.135(1)(a)2.      1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  704  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 200 grams, less than 400 grams.
  705  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  706  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  707  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  708  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  709  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  710  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  711  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  712  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  713  893.1351(3)          1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
  714  895.03(1)            1st   Use or invest proceeds derived from pattern of racketeering activity.
  715  895.03(2)            1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  716  895.03(3)            1st   Conduct or participate in any enterprise through pattern of racketeering activity.
  717  896.101(5)(b)        2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  718  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.
  719         (i) LEVEL 9
  720  
  721  
  722  FloridaStatute    FelonyDegree           Description            
  723  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  724  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
  725  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more.
  726  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  727  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  728  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  729  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  730  775.0844             1st   Aggravated white collar crime.    
  731  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  732  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.
  733  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  734  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  735  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  736  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  737  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  738  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.
  739  787.06(3)(c)1.       1st   Human trafficking for labor and services of an unauthorized alien child.
  740  787.06(3)(d)         1st   Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
  741  787.06(3)(f)1.     1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of a child from outside Florida to within the state.
  742  787.06(3)(g)       1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
  743  787.06(4)            1st   Selling or buying of minors into human trafficking.
  744  790.161              1st   Attempted capital destructive device offense.
  745  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  746  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  747  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  748  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
  749  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  750  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  751  796.035              1st   Selling or buying of minors into prostitution.
  752  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  753  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  754  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  755  812.135(2)(b)        1st   Home-invasion robbery with weapon.
  756  817.535(3)(b)        1st   Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
  757  817.535(4)(a)2.      1st   Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
  758  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.
  759  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.
  760  827.03(2)(a)         1st   Aggravated child abuse.           
  761  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  762  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  763  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.
  764  893.135              1st   Attempted capital trafficking offense.
  765  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  766  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  767  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  768  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
  769  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  770  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
  771  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  772  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
  773  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  774  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  775  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  776         (j) LEVEL 10
  777  
  778  
  779  FloridaStatute    FelonyDegree           Description            
  780  499.0051(10)         1st   Knowing sale or purchase of contraband prescription drugs resulting in death.
  781  782.04(2)          1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
  782  782.07(3)            1st   Aggravated manslaughter of a child.
  783  787.01(1)(a)3.     1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
  784  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.
  785  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.
  786  787.06(4)(a)        Life   Selling or buying of minors into human trafficking.
  787  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.
  788  812.135(2)(a)      1st,PBL Home-invasion robbery with firearm or other deadly weapon.
  789  876.32               1st   Treason against the state.        
  790         Section 12. Subsection (3), paragraph (a) of subsection
  791  (8), and paragraph (a) of subsection (10) of section 943.0583,
  792  Florida Statutes, are amended to read:
  793         943.0583 Human trafficking victim expunction.—
  794         (3) A person who is a victim of human trafficking may
  795  petition for the expunction of a criminal history record
  796  resulting from the arrest or filing of charges any conviction
  797  for an offense committed or reported to have been committed
  798  while the person he or she was a victim of human trafficking,
  799  which offense was committed or reported to have been committed
  800  as a part of the human trafficking scheme of which the person he
  801  or she was a victim or at the direction of an operator of the
  802  scheme, including, but not limited to, violations under chapters
  803  796 and 847, without regard to the disposition of the arrest or
  804  of any charges. However, this section does not apply to any
  805  offense listed in s. 775.084(1)(b)1. Determination of the
  806  petition under this section should be by a preponderance of the
  807  evidence. A conviction expunged under this section is deemed to
  808  have been vacated due to a substantive defect in the underlying
  809  criminal proceedings. If a person is adjudicated not guilty by
  810  reason of insanity or is found to be incompetent to stand trial
  811  for any such charge, the expunction of the criminal history
  812  record may not prevent the entry of the judgment or finding in
  813  state and national databases for use in determining eligibility
  814  to purchase or possess a firearm or to carry a concealed
  815  firearm, as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s.
  816  922(t), nor shall it prevent any governmental agency that is
  817  authorized by state or federal law to determine eligibility to
  818  purchase or possess a firearm or to carry a concealed firearm
  819  from accessing or using the record of the judgment or finding in
  820  the course of such agency’s official duties.
  821         (8)(a) Any criminal history record of a minor or an adult
  822  that is ordered expunged by the court of original jurisdiction
  823  over the charges crime sought to be expunged pursuant to this
  824  section must be physically destroyed or obliterated by any
  825  criminal justice agency having custody of such record, except
  826  that any criminal history record in the custody of the
  827  department must be retained in all cases.
  828         (10)(a) A criminal history record ordered expunged under
  829  this section that is retained by the department is confidential
  830  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  831  Constitution, except that the record shall be made available to
  832  criminal justice agencies for their respective criminal justice
  833  purposes and to any governmental agency that is authorized by
  834  state or federal law to determine eligibility to purchase or
  835  possess a firearm or to carry a concealed firearm for use in the
  836  course of such agency’s official duties. Otherwise, such record
  837  may shall not be disclosed to any person or entity except upon
  838  order of a court of competent jurisdiction. A criminal justice
  839  agency may retain a notation indicating compliance with an order
  840  to expunge.
  841         Section 13. Subsection (2) of section 960.065, Florida
  842  Statutes, is amended to read:
  843         960.065 Eligibility for awards.—
  844         (2) A Any claim is ineligible for an award if it is filed
  845  by or on behalf of a person who:
  846         (a) Committed or aided in the commission of the crime upon
  847  which the claim for compensation was based;
  848         (b) Was engaged in an unlawful activity at the time of the
  849  crime upon which the claim for compensation is based, unless the
  850  victim was engaged in prostitution as a result of being a victim
  851  of human trafficking as described in s. 787.06(3)(b), (d), (f),
  852  or (g);
  853         (c) Was in custody or confined, regardless of conviction,
  854  in a county or municipal detention facility, a state or federal
  855  correctional facility, or a juvenile detention or commitment
  856  facility at the time of the crime upon which the claim for
  857  compensation is based;
  858         (d) Has been adjudicated as a habitual felony offender,
  859  habitual violent offender, or violent career criminal under s.
  860  775.084; or
  861         (e) Has been adjudicated guilty of a forcible felony
  862  offense as described in s. 776.08,
  863  
  864  is ineligible for an award.
  865         Section 14. Section 960.199, Florida Statutes, is amended
  866  to read:
  867         960.199 Relocation assistance for victims of sexual battery
  868  or human trafficking.—
  869         (1) The department may award a one-time payment of up to
  870  $1,500 on any one claim and a lifetime maximum of $3,000 to a
  871  victim of sexual battery as defined in s. 794.011 or of human
  872  trafficking as described in s. 787.06(3)(b), (d), (f), or (g)
  873  who needs relocation assistance.
  874         (2) In order for an award to be granted to a victim for
  875  relocation assistance:
  876         (a) There must be proof that a sexual battery offense or
  877  human trafficking offense as described in s. 787.06(3)(b), (d),
  878  (f), or (g) was committed.
  879         (b) The sexual battery offense or human trafficking offense
  880  as specified in s. 787.06(3)(b), (d), (f), or (g) must be
  881  reported to the proper authorities.
  882         (c) The victim’s need for assistance must be certified by a
  883  certified rape crisis center in this state or by the state
  884  attorney or statewide prosecutor having jurisdiction over the
  885  offense. A victim of human trafficking’s need for assistance may
  886  also be certified by a state-certified domestic violence center.
  887         (d) The center’s center certification must assert that the
  888  victim is cooperating with law enforcement officials, if
  889  applicable, and must include documentation that the victim has
  890  developed a safety plan. If the victim seeking relocation
  891  assistance is a victim of a human trafficking offense as
  892  specified in s. 787.06(3)(b), (d), (f), or (g), the certified
  893  rape crisis center’s or certified domestic violence center’s
  894  certification shall include approval of the state attorney or
  895  statewide prosecutor, who shall attest that the victim is
  896  cooperating with law enforcement officials, if applicable.
  897         (e) The act of sexual battery or human trafficking as
  898  specified in s. 787.06(3)(b), (d), (f), or (g) must be committed
  899  in the victim’s place of residence or in a location that would
  900  lead the victim to reasonably fear for his or her continued
  901  safety in the place of residence.
  902         (3) Relocation payments for a sexual battery or human
  903  trafficking claim under this section shall be denied if the
  904  department has previously approved or paid out a domestic
  905  violence relocation claim under s. 960.198 to the same victim
  906  regarding the same incident.
  907         Section 15. Paragraph (g) of subsection (67) of section
  908  39.01, Florida Statutes, is amended to read:
  909         39.01 Definitions.—When used in this chapter, unless the
  910  context otherwise requires:
  911         (67) “Sexual abuse of a child” for purposes of finding a
  912  child to be dependent means one or more of the following acts:
  913         (g) The sexual exploitation of a child, which includes the
  914  act of a child offering to engage in or engaging in
  915  prostitution, provided that the child is not under arrest or is
  916  not being prosecuted in a delinquency or criminal proceeding for
  917  a violation of any offense in chapter 796 based on such
  918  behavior; or allowing, encouraging, or forcing a child to:
  919         1. Solicit for or engage in prostitution;
  920         2. Engage in a sexual performance, as defined by chapter
  921  827; or
  922         3. Participate in the trade of human sex trafficking as
  923  provided in s. 787.06(3)(g) s. 796.035.
  924         Section 16. Paragraphs (b) and (c) of subsection (2) of
  925  section 90.404, Florida Statutes, are amended to read:
  926         90.404 Character evidence; when admissible.—
  927         (2) OTHER CRIMES, WRONGS, OR ACTS.—
  928         (b)1. In a criminal case in which the defendant is charged
  929  with a crime involving child molestation, evidence of the
  930  defendant’s commission of other crimes, wrongs, or acts of child
  931  molestation is admissible and may be considered for its bearing
  932  on any matter to which it is relevant.
  933         2. For the purposes of this paragraph, the term “child
  934  molestation” means conduct proscribed by s. 787.025(2)(c), s.
  935  787.06(3)(g) and (h), s. 794.011, excluding s. 794.011(10), s.
  936  794.05, s. 796.03, s. 796.035, s. 800.04, s. 827.071, s.
  937  847.0135(5), s. 847.0145, or s. 985.701(1) when committed
  938  against a person 16 years of age or younger.
  939         (c)1. In a criminal case in which the defendant is charged
  940  with a sexual offense, evidence of the defendant’s commission of
  941  other crimes, wrongs, or acts involving a sexual offense is
  942  admissible and may be considered for its bearing on any matter
  943  to which it is relevant.
  944         2. For the purposes of this paragraph, the term “sexual
  945  offense” means conduct proscribed by s. 787.025(2)(c),s.
  946  787.06(3)(b), (d), (f), or (g), or (h), s. 794.011, excluding s.
  947  794.011(10), s. 794.05, s. 796.03, s. 796.035, s.
  948  825.1025(2)(b), s. 827.071, s. 847.0135(5), s. 847.0145, or s.
  949  985.701(1).
  950         Section 17. Paragraph (a) of subsection (1) of section
  951  772.102, Florida Statutes, is amended to read:
  952         772.102 Definitions.—As used in this chapter, the term:
  953         (1) “Criminal activity” means to commit, to attempt to
  954  commit, to conspire to commit, or to solicit, coerce, or
  955  intimidate another person to commit:
  956         (a) Any crime that is chargeable by indictment or
  957  information under the following provisions:
  958         1. Section 210.18, relating to evasion of payment of
  959  cigarette taxes.
  960         2. Section 414.39, relating to public assistance fraud.
  961         3. Section 440.105 or s. 440.106, relating to workers’
  962  compensation.
  963         4. Part IV of chapter 501, relating to telemarketing.
  964         5. Chapter 517, relating to securities transactions.
  965         6. Section 550.235 or s. 550.3551, relating to dogracing
  966  and horseracing.
  967         7. Chapter 550, relating to jai alai frontons.
  968         8. Chapter 552, relating to the manufacture, distribution,
  969  and use of explosives.
  970         9. Chapter 562, relating to beverage law enforcement.
  971         10. Section 624.401, relating to transacting insurance
  972  without a certificate of authority, s. 624.437(4)(c)1., relating
  973  to operating an unauthorized multiple-employer welfare
  974  arrangement, or s. 626.902(1)(b), relating to representing or
  975  aiding an unauthorized insurer.
  976         11. Chapter 687, relating to interest and usurious
  977  practices.
  978         12. Section 721.08, s. 721.09, or s. 721.13, relating to
  979  real estate timeshare plans.
  980         13. Chapter 782, relating to homicide.
  981         14. Chapter 784, relating to assault and battery.
  982         15. Chapter 787, relating to kidnapping or human
  983  trafficking.
  984         16. Chapter 790, relating to weapons and firearms.
  985         17. Section 796.03, s. 796.04, s. 796.05, or s. 796.07,
  986  relating to prostitution.
  987         18. Chapter 806, relating to arson.
  988         19. Section 810.02(2)(c), relating to specified burglary of
  989  a dwelling or structure.
  990         20. Chapter 812, relating to theft, robbery, and related
  991  crimes.
  992         21. Chapter 815, relating to computer-related crimes.
  993         22. Chapter 817, relating to fraudulent practices, false
  994  pretenses, fraud generally, and credit card crimes.
  995         23. Section 827.071, relating to commercial sexual
  996  exploitation of children.
  997         24. Chapter 831, relating to forgery and counterfeiting.
  998         25. Chapter 832, relating to issuance of worthless checks
  999  and drafts.
 1000         26. Section 836.05, relating to extortion.
 1001         27. Chapter 837, relating to perjury.
 1002         28. Chapter 838, relating to bribery and misuse of public
 1003  office.
 1004         29. Chapter 843, relating to obstruction of justice.
 1005         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 1006  s. 847.07, relating to obscene literature and profanity.
 1007         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 1008  849.25, relating to gambling.
 1009         32. Chapter 893, relating to drug abuse prevention and
 1010  control.
 1011         33. Section 914.22 or s. 914.23, relating to witnesses,
 1012  victims, or informants.
 1013         34. Section 918.12 or s. 918.13, relating to tampering with
 1014  jurors and evidence.
 1015         Section 18. Paragraph (m) of subsection (1) of section
 1016  775.0877, Florida Statutes, is amended to read:
 1017         775.0877 Criminal transmission of HIV; procedures;
 1018  penalties.—
 1019         (1) In any case in which a person has been convicted of or
 1020  has pled nolo contendere or guilty to, regardless of whether
 1021  adjudication is withheld, any of the following offenses, or the
 1022  attempt thereof, which offense or attempted offense involves the
 1023  transmission of body fluids from one person to another:
 1024         (m) Sections 796.03, 796.07, and 796.08, relating to
 1025  prostitution; or
 1026  
 1027  the court shall order the offender to undergo HIV testing, to be
 1028  performed under the direction of the Department of Health in
 1029  accordance with s. 381.004, unless the offender has undergone
 1030  HIV testing voluntarily or pursuant to procedures established in
 1031  s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
 1032  rule providing for HIV testing of criminal offenders or inmates,
 1033  subsequent to her or his arrest for an offense enumerated in
 1034  paragraphs (a)-(n) for which she or he was convicted or to which
 1035  she or he pled nolo contendere or guilty. The results of an HIV
 1036  test performed on an offender pursuant to this subsection are
 1037  not admissible in any criminal proceeding arising out of the
 1038  alleged offense.
 1039         Section 19. Paragraph (a) of subsection (4) and paragraph
 1040  (b) of subsection (10) of section 775.21, Florida Statutes, are
 1041  amended to read:
 1042         775.21 The Florida Sexual Predators Act.—
 1043         (4) SEXUAL PREDATOR CRITERIA.—
 1044         (a) For a current offense committed on or after October 1,
 1045  1993, upon conviction, an offender shall be designated as a
 1046  “sexual predator” under subsection (5), and subject to
 1047  registration under subsection (6) and community and public
 1048  notification under subsection (7) if:
 1049         1. The felony is:
 1050         a. A capital, life, or first-degree felony violation, or
 1051  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
 1052  is a minor and the defendant is not the victim’s parent or
 1053  guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
 1054  violation of a similar law of another jurisdiction; or
 1055         b. Any felony violation, or any attempt thereof, of s.
 1056  787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
 1057  minor and the defendant is not the victim’s parent or guardian;
 1058  s. 787.06(3)(b), (d), (f), or (g), or (h); s. 794.011, excluding
 1059  s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
 1060  810.145(8)(b); s. 825.1025(2)(b); s. 827.071; s. 847.0135(5); s.
 1061  847.0145; or s. 985.701(1); or a violation of a similar law of
 1062  another jurisdiction, and the offender has previously been
 1063  convicted of or found to have committed, or has pled nolo
 1064  contendere or guilty to, regardless of adjudication, any
 1065  violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 1066  the victim is a minor and the defendant is not the victim’s
 1067  parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
 1068  s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
 1069  796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
 1070  847.0135, excluding s. 847.0135(6); s. 847.0145; or s.
 1071  985.701(1); or a violation of a similar law of another
 1072  jurisdiction;
 1073         2. The offender has not received a pardon for any felony or
 1074  similar law of another jurisdiction that is necessary for the
 1075  operation of this paragraph; and
 1076         3. A conviction of a felony or similar law of another
 1077  jurisdiction necessary to the operation of this paragraph has
 1078  not been set aside in any postconviction proceeding.
 1079         (10) PENALTIES.—
 1080         (b) A sexual predator who has been convicted of or found to
 1081  have committed, or has pled nolo contendere or guilty to,
 1082  regardless of adjudication, any violation, or attempted
 1083  violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 1084  the victim is a minor and the defendant is not the victim’s
 1085  parent or guardian; s. 794.011, excluding s. 794.011(10); s.
 1086  794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s.
 1087  847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a
 1088  violation of a similar law of another jurisdiction when the
 1089  victim of the offense was a minor, and who works, whether for
 1090  compensation or as a volunteer, at any business, school, child
 1091  care facility, park, playground, or other place where children
 1092  regularly congregate, commits a felony of the third degree,
 1093  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1094         Section 20. Paragraph (a) of subsection (3) of section
 1095  787.01, Florida Statutes, is amended to read:
 1096         787.01 Kidnapping; kidnapping of child under age 13,
 1097  aggravating circumstances.—
 1098         (3)(a) A person who commits the offense of kidnapping upon
 1099  a child under the age of 13 and who, in the course of committing
 1100  the offense, commits one or more of the following:
 1101         1. Aggravated child abuse, as defined in s. 827.03;
 1102         2. Sexual battery, as defined in chapter 794, against the
 1103  child;
 1104         3. Lewd or lascivious battery, lewd or lascivious
 1105  molestation, lewd or lascivious conduct, or lewd or lascivious
 1106  exhibition, in violation of s. 800.04 or s. 847.0135(5);
 1107         4. A violation of s. 796.03 or s. 796.04, relating to
 1108  prostitution, upon the child; or
 1109         5. Exploitation of the child or allowing the child to be
 1110  exploited, in violation of s. 450.151,
 1111  
 1112  commits a life felony, punishable as provided in s. 775.082, s.
 1113  775.083, or s. 775.084.
 1114         Section 21. Paragraph (a) of subsection (3) of section
 1115  787.02, Florida Statutes, is amended to read:
 1116         787.02 False imprisonment; false imprisonment of child
 1117  under age 13, aggravating circumstances.—
 1118         (3)(a) A person who commits the offense of false
 1119  imprisonment upon a child under the age of 13 and who, in the
 1120  course of committing the offense, commits any offense enumerated
 1121  in subparagraphs 1.-5., commits a felony of the first degree,
 1122  punishable by imprisonment for a term of years not exceeding
 1123  life or as provided in s. 775.082, s. 775.083, or s. 775.084.
 1124         1. Aggravated child abuse, as defined in s. 827.03;
 1125         2. Sexual battery, as defined in chapter 794, against the
 1126  child;
 1127         3. Lewd or lascivious battery, lewd or lascivious
 1128  molestation, lewd or lascivious conduct, or lewd or lascivious
 1129  exhibition, in violation of s. 800.04 or s. 847.0135(5);
 1130         4. A violation of s. 796.03 or s. 796.04, relating to
 1131  prostitution, upon the child; or
 1132         5. Exploitation of the child or allowing the child to be
 1133  exploited, in violation of s. 450.151.
 1134         Section 22. Subsection (1) of section 794.056, Florida
 1135  Statutes, is amended to read:
 1136         794.056 Rape Crisis Program Trust Fund.—
 1137         (1) The Rape Crisis Program Trust Fund is created within
 1138  the Department of Health for the purpose of providing funds for
 1139  rape crisis centers in this state. Trust fund moneys shall be
 1140  used exclusively for the purpose of providing services for
 1141  victims of sexual assault. Funds credited to the trust fund
 1142  consist of those funds collected as an additional court
 1143  assessment in each case in which a defendant pleads guilty or
 1144  nolo contendere to, or is found guilty of, regardless of
 1145  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 1146  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 1147  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 1148  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 1149  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 1150  s. 796.03; s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 1151  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 1152  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 1153  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 1154  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 1155  (14)(c); or s. 985.701(1). Funds credited to the trust fund also
 1156  shall include revenues provided by law, moneys appropriated by
 1157  the Legislature, and grants from public or private entities.
 1158         Section 23. Subsection (1) of section 856.022, Florida
 1159  Statutes, is amended to read:
 1160         856.022 Loitering or prowling by certain offenders in close
 1161  proximity to children; penalty.—
 1162         (1) Except as provided in subsection (2), this section
 1163  applies to a person convicted of committing, or attempting,
 1164  soliciting, or conspiring to commit, any of the criminal
 1165  offenses proscribed in the following statutes in this state or
 1166  similar offenses in another jurisdiction against a victim who
 1167  was under 18 years of age at the time of the offense: s. 787.01,
 1168  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
 1169  the offender was not the victim’s parent or guardian; s.
 1170  794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
 1171  796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
 1172  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
 1173  847.0145; s. 985.701(1); or any similar offense committed in
 1174  this state which has been redesignated from a former statute
 1175  number to one of those listed in this subsection, if the person
 1176  has not received a pardon for any felony or similar law of
 1177  another jurisdiction necessary for the operation of this
 1178  subsection and a conviction of a felony or similar law of
 1179  another jurisdiction necessary for the operation of this
 1180  subsection has not been set aside in any postconviction
 1181  proceeding.
 1182         Section 24. Paragraph (a) of subsection (1) of section
 1183  895.02, Florida Statutes, is amended to read:
 1184         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
 1185         (1) “Racketeering activity” means to commit, to attempt to
 1186  commit, to conspire to commit, or to solicit, coerce, or
 1187  intimidate another person to commit:
 1188         (a) Any crime that is chargeable by petition, indictment,
 1189  or information under the following provisions of the Florida
 1190  Statutes:
 1191         1. Section 210.18, relating to evasion of payment of
 1192  cigarette taxes.
 1193         2. Section 316.1935, relating to fleeing or attempting to
 1194  elude a law enforcement officer and aggravated fleeing or
 1195  eluding.
 1196         3. Section 403.727(3)(b), relating to environmental
 1197  control.
 1198         4. Section 409.920 or s. 409.9201, relating to Medicaid
 1199  fraud.
 1200         5. Section 414.39, relating to public assistance fraud.
 1201         6. Section 440.105 or s. 440.106, relating to workers’
 1202  compensation.
 1203         7. Section 443.071(4), relating to creation of a fictitious
 1204  employer scheme to commit reemployment assistance fraud.
 1205         8. Section 465.0161, relating to distribution of medicinal
 1206  drugs without a permit as an Internet pharmacy.
 1207         9. Section 499.0051, relating to crimes involving
 1208  contraband and adulterated drugs.
 1209         10. Part IV of chapter 501, relating to telemarketing.
 1210         11. Chapter 517, relating to sale of securities and
 1211  investor protection.
 1212         12. Section 550.235 or s. 550.3551, relating to dogracing
 1213  and horseracing.
 1214         13. Chapter 550, relating to jai alai frontons.
 1215         14. Section 551.109, relating to slot machine gaming.
 1216         15. Chapter 552, relating to the manufacture, distribution,
 1217  and use of explosives.
 1218         16. Chapter 560, relating to money transmitters, if the
 1219  violation is punishable as a felony.
 1220         17. Chapter 562, relating to beverage law enforcement.
 1221         18. Section 624.401, relating to transacting insurance
 1222  without a certificate of authority, s. 624.437(4)(c)1., relating
 1223  to operating an unauthorized multiple-employer welfare
 1224  arrangement, or s. 626.902(1)(b), relating to representing or
 1225  aiding an unauthorized insurer.
 1226         19. Section 655.50, relating to reports of currency
 1227  transactions, when such violation is punishable as a felony.
 1228         20. Chapter 687, relating to interest and usurious
 1229  practices.
 1230         21. Section 721.08, s. 721.09, or s. 721.13, relating to
 1231  real estate timeshare plans.
 1232         22. Section 775.13(5)(b), relating to registration of
 1233  persons found to have committed any offense for the purpose of
 1234  benefiting, promoting, or furthering the interests of a criminal
 1235  gang.
 1236         23. Section 777.03, relating to commission of crimes by
 1237  accessories after the fact.
 1238         24. Chapter 782, relating to homicide.
 1239         25. Chapter 784, relating to assault and battery.
 1240         26. Chapter 787, relating to kidnapping or human
 1241  trafficking.
 1242         27. Chapter 790, relating to weapons and firearms.
 1243         28. Chapter 794, relating to sexual battery, but only if
 1244  such crime was committed with the intent to benefit, promote, or
 1245  further the interests of a criminal gang, or for the purpose of
 1246  increasing a criminal gang member’s own standing or position
 1247  within a criminal gang.
 1248         29. Section 796.03, s. 796.035, s. 796.04, s. 796.05, or s.
 1249  796.07, relating to prostitution and sex trafficking.
 1250         30. Chapter 806, relating to arson and criminal mischief.
 1251         31. Chapter 810, relating to burglary and trespass.
 1252         32. Chapter 812, relating to theft, robbery, and related
 1253  crimes.
 1254         33. Chapter 815, relating to computer-related crimes.
 1255         34. Chapter 817, relating to fraudulent practices, false
 1256  pretenses, fraud generally, and credit card crimes.
 1257         35. Chapter 825, relating to abuse, neglect, or
 1258  exploitation of an elderly person or disabled adult.
 1259         36. Section 827.071, relating to commercial sexual
 1260  exploitation of children.
 1261         37. Section 828.122, relating to fighting or baiting
 1262  animals.
 1263         38. Chapter 831, relating to forgery and counterfeiting.
 1264         39. Chapter 832, relating to issuance of worthless checks
 1265  and drafts.
 1266         40. Section 836.05, relating to extortion.
 1267         41. Chapter 837, relating to perjury.
 1268         42. Chapter 838, relating to bribery and misuse of public
 1269  office.
 1270         43. Chapter 843, relating to obstruction of justice.
 1271         44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 1272  s. 847.07, relating to obscene literature and profanity.
 1273         45. Chapter 849, relating to gambling, lottery, gambling or
 1274  gaming devices, slot machines, or any of the provisions within
 1275  that chapter.
 1276         46. Chapter 874, relating to criminal gangs.
 1277         47. Chapter 893, relating to drug abuse prevention and
 1278  control.
 1279         48. Chapter 896, relating to offenses related to financial
 1280  transactions.
 1281         49. Sections 914.22 and 914.23, relating to tampering with
 1282  or harassing a witness, victim, or informant, and retaliation
 1283  against a witness, victim, or informant.
 1284         50. Sections 918.12 and 918.13, relating to tampering with
 1285  jurors and evidence.
 1286         Section 25. Section 938.085, Florida Statutes, is amended
 1287  to read:
 1288         938.085 Additional cost to fund rape crisis centers.—In
 1289  addition to any sanction imposed when a person pleads guilty or
 1290  nolo contendere to, or is found guilty of, regardless of
 1291  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 1292  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 1293  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 1294  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 1295  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; s. 796.03;
 1296  s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 796.07(2)(a)-(d)
 1297  and (i); s. 800.03; s. 800.04; s. 810.14; s. 810.145; s.
 1298  812.135; s. 817.025; s. 825.102; s. 825.1025; s. 827.071; s.
 1299  836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 847.0145;
 1300  s. 943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s.
 1301  985.701(1), the court shall impose a surcharge of $151. Payment
 1302  of the surcharge shall be a condition of probation, community
 1303  control, or any other court-ordered supervision. The sum of $150
 1304  of the surcharge shall be deposited into the Rape Crisis Program
 1305  Trust Fund established within the Department of Health by
 1306  chapter 2003-140, Laws of Florida. The clerk of the court shall
 1307  retain $1 of each surcharge that the clerk of the court collects
 1308  as a service charge of the clerk’s office.
 1309         Section 26. Subsection (1) of section 938.10, Florida
 1310  Statutes, is amended to read:
 1311         938.10 Additional court cost imposed in cases of certain
 1312  crimes.—
 1313         (1) If a person pleads guilty or nolo contendere to, or is
 1314  found guilty of, regardless of adjudication, any offense against
 1315  a minor in violation of s. 784.085, chapter 787, chapter 794, s.
 1316  796.03, s. 796.035, s. 800.04, chapter 827, s. 847.012, s.
 1317  847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145, s.
 1318  893.147(3), or s. 985.701, or any offense in violation of s.
 1319  775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
 1320  court shall impose a court cost of $151 against the offender in
 1321  addition to any other cost or penalty required by law.
 1322         Section 27. Paragraph (a) of subsection (1) of section
 1323  943.0435, Florida Statutes, is amended to read:
 1324         943.0435 Sexual offenders required to register with the
 1325  department; penalty.—
 1326         (1) As used in this section, the term:
 1327         (a)1. “Sexual offender” means a person who meets the
 1328  criteria in sub-subparagraph a., sub-subparagraph b., sub
 1329  subparagraph c., or sub-subparagraph d., as follows:
 1330         a.(I) Has been convicted of committing, or attempting,
 1331  soliciting, or conspiring to commit, any of the criminal
 1332  offenses proscribed in the following statutes in this state or
 1333  similar offenses in another jurisdiction: s. 787.01, s. 787.02,
 1334  or s. 787.025(2)(c), where the victim is a minor and the
 1335  defendant is not the victim’s parent or guardian; s.
 1336  787.06(3)(b), (d), (f), or (g), or (h); s. 794.011, excluding s.
 1337  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
 1338  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 1339  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1340  or s. 985.701(1); or any similar offense committed in this state
 1341  which has been redesignated from a former statute number to one
 1342  of those listed in this sub-sub-subparagraph; and
 1343         (II) Has been released on or after October 1, 1997, from
 1344  the sanction imposed for any conviction of an offense described
 1345  in sub-sub-subparagraph (I). For purposes of sub-sub
 1346  subparagraph (I), a sanction imposed in this state or in any
 1347  other jurisdiction includes, but is not limited to, a fine,
 1348  probation, community control, parole, conditional release,
 1349  control release, or incarceration in a state prison, federal
 1350  prison, private correctional facility, or local detention
 1351  facility;
 1352         b. Establishes or maintains a residence in this state and
 1353  who has not been designated as a sexual predator by a court of
 1354  this state but who has been designated as a sexual predator, as
 1355  a sexually violent predator, or by another sexual offender
 1356  designation in another state or jurisdiction and was, as a
 1357  result of such designation, subjected to registration or
 1358  community or public notification, or both, or would be if the
 1359  person were a resident of that state or jurisdiction, without
 1360  regard to whether the person otherwise meets the criteria for
 1361  registration as a sexual offender;
 1362         c. Establishes or maintains a residence in this state who
 1363  is in the custody or control of, or under the supervision of,
 1364  any other state or jurisdiction as a result of a conviction for
 1365  committing, or attempting, soliciting, or conspiring to commit,
 1366  any of the criminal offenses proscribed in the following
 1367  statutes or similar offense in another jurisdiction: s. 787.01,
 1368  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
 1369  the defendant is not the victim’s parent or guardian; s.
 1370  787.06(3)(b), (d), (f), or (g), or (h); s. 794.011, excluding s.
 1371  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
 1372  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 1373  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1374  or s. 985.701(1); or any similar offense committed in this state
 1375  which has been redesignated from a former statute number to one
 1376  of those listed in this sub-subparagraph; or
 1377         d. On or after July 1, 2007, has been adjudicated
 1378  delinquent for committing, or attempting, soliciting, or
 1379  conspiring to commit, any of the criminal offenses proscribed in
 1380  the following statutes in this state or similar offenses in
 1381  another jurisdiction when the juvenile was 14 years of age or
 1382  older at the time of the offense:
 1383         (I) Section 794.011, excluding s. 794.011(10);
 1384         (II) Section 800.04(4)(b) where the victim is under 12
 1385  years of age or where the court finds sexual activity by the use
 1386  of force or coercion;
 1387         (III) Section 800.04(5)(c)1. where the court finds
 1388  molestation involving unclothed genitals; or
 1389         (IV) Section 800.04(5)(d) where the court finds the use of
 1390  force or coercion and unclothed genitals.
 1391         2. For all qualifying offenses listed in sub-subparagraph
 1392  (1)(a)1.d., the court shall make a written finding of the age of
 1393  the offender at the time of the offense.
 1394  
 1395  For each violation of a qualifying offense listed in this
 1396  subsection, the court shall make a written finding of the age of
 1397  the victim at the time of the offense. For a violation of s.
 1398  800.04(4), the court shall additionally make a written finding
 1399  indicating that the offense did or did not involve sexual
 1400  activity and indicating that the offense did or did not involve
 1401  force or coercion. For a violation of s. 800.04(5), the court
 1402  shall additionally make a written finding that the offense did
 1403  or did not involve unclothed genitals or genital area and that
 1404  the offense did or did not involve the use of force or coercion.
 1405         Section 28. Section 943.0585, Florida Statutes, is amended
 1406  to read:
 1407         943.0585 Court-ordered expunction of criminal history
 1408  records.—The courts of this state have jurisdiction over their
 1409  own procedures, including the maintenance, expunction, and
 1410  correction of judicial records containing criminal history
 1411  information to the extent such procedures are not inconsistent
 1412  with the conditions, responsibilities, and duties established by
 1413  this section. Any court of competent jurisdiction may order a
 1414  criminal justice agency to expunge the criminal history record
 1415  of a minor or an adult who complies with the requirements of
 1416  this section. The court may shall not order a criminal justice
 1417  agency to expunge a criminal history record until the person
 1418  seeking to expunge a criminal history record has applied for and
 1419  received a certificate of eligibility for expunction pursuant to
 1420  subsection (2). A criminal history record that relates to a
 1421  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 1422  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
 1423  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
 1424  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
 1425  or any violation specified as a predicate offense for
 1426  registration as a sexual predator pursuant to s. 775.21, without
 1427  regard to whether that offense alone is sufficient to require
 1428  such registration, or for registration as a sexual offender
 1429  pursuant to s. 943.0435, may not be expunged, without regard to
 1430  whether adjudication was withheld, if the defendant was found
 1431  guilty of or pled guilty or nolo contendere to the offense, or
 1432  if the defendant, as a minor, was found to have committed, or
 1433  pled guilty or nolo contendere to committing, the offense as a
 1434  delinquent act. The court may only order expunction of a
 1435  criminal history record pertaining to one arrest or one incident
 1436  of alleged criminal activity, except as provided in this
 1437  section. The court may, at its sole discretion, order the
 1438  expunction of a criminal history record pertaining to more than
 1439  one arrest if the additional arrests directly relate to the
 1440  original arrest. If the court intends to order the expunction of
 1441  records pertaining to such additional arrests, such intent must
 1442  be specified in the order. A criminal justice agency may not
 1443  expunge any record pertaining to such additional arrests if the
 1444  order to expunge does not articulate the intention of the court
 1445  to expunge a record pertaining to more than one arrest. This
 1446  section does not prevent the court from ordering the expunction
 1447  of only a portion of a criminal history record pertaining to one
 1448  arrest or one incident of alleged criminal activity.
 1449  Notwithstanding any law to the contrary, a criminal justice
 1450  agency may comply with laws, court orders, and official requests
 1451  of other jurisdictions relating to expunction, correction, or
 1452  confidential handling of criminal history records or information
 1453  derived therefrom. This section does not confer any right to the
 1454  expunction of any criminal history record, and any request for
 1455  expunction of a criminal history record may be denied at the
 1456  sole discretion of the court.
 1457         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
 1458  petition to a court to expunge a criminal history record is
 1459  complete only when accompanied by:
 1460         (a) A valid certificate of eligibility for expunction
 1461  issued by the department pursuant to subsection (2).
 1462         (b) The petitioner’s sworn statement attesting that the
 1463  petitioner:
 1464         1. Has never, prior to the date on which the petition is
 1465  filed, been adjudicated guilty of a criminal offense or
 1466  comparable ordinance violation, or been adjudicated delinquent
 1467  for committing any felony or a misdemeanor specified in s.
 1468  943.051(3)(b).
 1469         2. Has not been adjudicated guilty of, or adjudicated
 1470  delinquent for committing, any of the acts stemming from the
 1471  arrest or alleged criminal activity to which the petition
 1472  pertains.
 1473         3. Has never secured a prior sealing or expunction of a
 1474  criminal history record under this section, s. 943.059, former
 1475  s. 893.14, former s. 901.33, or former s. 943.058, unless
 1476  expunction is sought of a criminal history record previously
 1477  sealed for 10 years pursuant to paragraph (2)(h) and the record
 1478  is otherwise eligible for expunction.
 1479         4. Is eligible for such an expunction to the best of his or
 1480  her knowledge or belief and does not have any other petition to
 1481  expunge or any petition to seal pending before any court.
 1482  
 1483  A Any person who knowingly provides false information on such
 1484  sworn statement to the court commits a felony of the third
 1485  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1486  775.084.
 1487         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Before Prior
 1488  to petitioning the court to expunge a criminal history record, a
 1489  person seeking to expunge a criminal history record shall apply
 1490  to the department for a certificate of eligibility for
 1491  expunction. The department shall, by rule adopted pursuant to
 1492  chapter 120, establish procedures pertaining to the application
 1493  for and issuance of certificates of eligibility for expunction.
 1494  A certificate of eligibility for expunction is valid for 12
 1495  months after the date stamped on the certificate when issued by
 1496  the department. After that time, the petitioner must reapply to
 1497  the department for a new certificate of eligibility. Eligibility
 1498  for a renewed certification of eligibility must be based on the
 1499  status of the applicant and the law in effect at the time of the
 1500  renewal application. The department shall issue a certificate of
 1501  eligibility for expunction to a person who is the subject of a
 1502  criminal history record if that person:
 1503         (a) Has obtained, and submitted to the department, a
 1504  written, certified statement from the appropriate state attorney
 1505  or statewide prosecutor which indicates:
 1506         1. That an indictment, information, or other charging
 1507  document was not filed or issued in the case.
 1508         2. That an indictment, information, or other charging
 1509  document, if filed or issued in the case, was dismissed or nolle
 1510  prosequi by the state attorney or statewide prosecutor, or was
 1511  dismissed by a court of competent jurisdiction, and that none of
 1512  the charges related to the arrest or alleged criminal activity
 1513  to which the petition to expunge pertains resulted in a trial,
 1514  without regard to whether the outcome of the trial was other
 1515  than an adjudication of guilt.
 1516         3. That the criminal history record does not relate to a
 1517  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 1518  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
 1519  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
 1520  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
 1521  or any violation specified as a predicate offense for
 1522  registration as a sexual predator pursuant to s. 775.21, without
 1523  regard to whether that offense alone is sufficient to require
 1524  such registration, or for registration as a sexual offender
 1525  pursuant to s. 943.0435, where the defendant was found guilty
 1526  of, or pled guilty or nolo contendere to any such offense, or
 1527  that the defendant, as a minor, was found to have committed, or
 1528  pled guilty or nolo contendere to committing, such an offense as
 1529  a delinquent act, without regard to whether adjudication was
 1530  withheld.
 1531         (b) Remits a $75 processing fee to the department for
 1532  placement in the Department of Law Enforcement Operating Trust
 1533  Fund, unless such fee is waived by the executive director.
 1534         (c) Has submitted to the department a certified copy of the
 1535  disposition of the charge to which the petition to expunge
 1536  pertains.
 1537         (d) Has never, prior to the date on which the application
 1538  for a certificate of eligibility is filed, been adjudicated
 1539  guilty of a criminal offense or comparable ordinance violation,
 1540  or been adjudicated delinquent for committing any felony or a
 1541  misdemeanor specified in s. 943.051(3)(b).
 1542         (e) Has not been adjudicated guilty of, or adjudicated
 1543  delinquent for committing, any of the acts stemming from the
 1544  arrest or alleged criminal activity to which the petition to
 1545  expunge pertains.
 1546         (f) Has never secured a prior sealing or expunction of a
 1547  criminal history record under this section, s. 943.059, former
 1548  s. 893.14, former s. 901.33, or former s. 943.058, unless
 1549  expunction is sought of a criminal history record previously
 1550  sealed for 10 years pursuant to paragraph (h) and the record is
 1551  otherwise eligible for expunction.
 1552         (g) Is no longer under court supervision applicable to the
 1553  disposition of the arrest or alleged criminal activity to which
 1554  the petition to expunge pertains.
 1555         (h) Has previously obtained a court order sealing the
 1556  record under this section, former s. 893.14, former s. 901.33,
 1557  or former s. 943.058 for a minimum of 10 years because
 1558  adjudication was withheld or because all charges related to the
 1559  arrest or alleged criminal activity to which the petition to
 1560  expunge pertains were not dismissed prior to trial, without
 1561  regard to whether the outcome of the trial was other than an
 1562  adjudication of guilt. The requirement for the record to have
 1563  previously been sealed for a minimum of 10 years does not apply
 1564  when a plea was not entered or all charges related to the arrest
 1565  or alleged criminal activity to which the petition to expunge
 1566  pertains were dismissed prior to trial.
 1567         (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
 1568         (a) In judicial proceedings under this section, a copy of
 1569  the completed petition to expunge shall be served upon the
 1570  appropriate state attorney or the statewide prosecutor and upon
 1571  the arresting agency; however, it is not necessary to make any
 1572  agency other than the state a party. The appropriate state
 1573  attorney or the statewide prosecutor and the arresting agency
 1574  may respond to the court regarding the completed petition to
 1575  expunge.
 1576         (b) If relief is granted by the court, the clerk of the
 1577  court shall certify copies of the order to the appropriate state
 1578  attorney or the statewide prosecutor and the arresting agency.
 1579  The arresting agency is responsible for forwarding the order to
 1580  any other agency to which the arresting agency disseminated the
 1581  criminal history record information to which the order pertains.
 1582  The department shall forward the order to expunge to the Federal
 1583  Bureau of Investigation. The clerk of the court shall certify a
 1584  copy of the order to any other agency which the records of the
 1585  court reflect has received the criminal history record from the
 1586  court.
 1587         (c) For an order to expunge entered by a court prior to
 1588  July 1, 1992, the department shall notify the appropriate state
 1589  attorney or statewide prosecutor of an order to expunge which is
 1590  contrary to law because the person who is the subject of the
 1591  record has previously been convicted of a crime or comparable
 1592  ordinance violation or has had a prior criminal history record
 1593  sealed or expunged. Upon receipt of such notice, the appropriate
 1594  state attorney or statewide prosecutor shall take action, within
 1595  60 days, to correct the record and petition the court to void
 1596  the order to expunge. The department shall seal the record until
 1597  such time as the order is voided by the court.
 1598         (d) On or after July 1, 1992, the department or any other
 1599  criminal justice agency is not required to act on an order to
 1600  expunge entered by a court when such order does not comply with
 1601  the requirements of this section. Upon receipt of such an order,
 1602  the department must notify the issuing court, the appropriate
 1603  state attorney or statewide prosecutor, the petitioner or the
 1604  petitioner’s attorney, and the arresting agency of the reason
 1605  for noncompliance. The appropriate state attorney or statewide
 1606  prosecutor shall take action within 60 days to correct the
 1607  record and petition the court to void the order. No cause of
 1608  action, including contempt of court, shall arise against any
 1609  criminal justice agency for failure to comply with an order to
 1610  expunge when the petitioner for such order failed to obtain the
 1611  certificate of eligibility as required by this section or such
 1612  order does not otherwise comply with the requirements of this
 1613  section.
 1614         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
 1615  criminal history record of a minor or an adult which is ordered
 1616  expunged by a court of competent jurisdiction pursuant to this
 1617  section must be physically destroyed or obliterated by any
 1618  criminal justice agency having custody of such record; except
 1619  that any criminal history record in the custody of the
 1620  department must be retained in all cases. A criminal history
 1621  record ordered expunged that is retained by the department is
 1622  confidential and exempt from the provisions of s. 119.07(1) and
 1623  s. 24(a), Art. I of the State Constitution and not available to
 1624  any person or entity except upon order of a court of competent
 1625  jurisdiction. A criminal justice agency may retain a notation
 1626  indicating compliance with an order to expunge.
 1627         (a) The person who is the subject of a criminal history
 1628  record that is expunged under this section or under other
 1629  provisions of law, including former s. 893.14, former s. 901.33,
 1630  and former s. 943.058, may lawfully deny or fail to acknowledge
 1631  the arrests covered by the expunged record, except when the
 1632  subject of the record:
 1633         1. Is a candidate for employment with a criminal justice
 1634  agency;
 1635         2. Is a defendant in a criminal prosecution;
 1636         3. Concurrently or subsequently petitions for relief under
 1637  this section, s. 943.0583, or s. 943.059;
 1638         4. Is a candidate for admission to The Florida Bar;
 1639         5. Is seeking to be employed or licensed by or to contract
 1640  with the Department of Children and Families, the Division of
 1641  Vocational Rehabilitation within the Department of Education,
 1642  the Agency for Health Care Administration, the Agency for
 1643  Persons with Disabilities, the Department of Health, the
 1644  Department of Elderly Affairs, or the Department of Juvenile
 1645  Justice or to be employed or used by such contractor or licensee
 1646  in a sensitive position having direct contact with children, the
 1647  disabled, or the elderly; or
 1648         6. Is seeking to be employed or licensed by the Department
 1649  of Education, any district school board, any university
 1650  laboratory school, any charter school, any private or parochial
 1651  school, or any local governmental entity that licenses child
 1652  care facilities.
 1653         (b) Subject to the exceptions in paragraph (a), a person
 1654  who has been granted an expunction under this section, former s.
 1655  893.14, former s. 901.33, or former s. 943.058 may not be held
 1656  under any provision of law of this state to commit perjury or to
 1657  be otherwise liable for giving a false statement by reason of
 1658  such person’s failure to recite or acknowledge an expunged
 1659  criminal history record.
 1660         (c) Information relating to the existence of an expunged
 1661  criminal history record which is provided in accordance with
 1662  paragraph (a) is confidential and exempt from the provisions of
 1663  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 1664  except that the department shall disclose the existence of a
 1665  criminal history record ordered expunged to the entities set
 1666  forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
 1667  respective licensing, access authorization, and employment
 1668  purposes, and to criminal justice agencies for their respective
 1669  criminal justice purposes. It is unlawful for any employee of an
 1670  entity set forth in subparagraph (a)1., subparagraph (a)4.,
 1671  subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
 1672  disclose information relating to the existence of an expunged
 1673  criminal history record of a person seeking employment, access
 1674  authorization, or licensure with such entity or contractor,
 1675  except to the person to whom the criminal history record relates
 1676  or to persons having direct responsibility for employment,
 1677  access authorization, or licensure decisions. Any person who
 1678  violates this paragraph commits a misdemeanor of the first
 1679  degree, punishable as provided in s. 775.082 or s. 775.083.
 1680         (5) STATUTORY REFERENCES.—Any reference to any other
 1681  chapter, section, or subdivision of the Florida Statutes in this
 1682  section constitutes a general reference under the doctrine of
 1683  incorporation by reference.
 1684         Section 29. Section 943.059, Florida Statutes, is amended
 1685  to read:
 1686         943.059 Court-ordered sealing of criminal history records.
 1687  The courts of this state shall continue to have jurisdiction
 1688  over their own procedures, including the maintenance, sealing,
 1689  and correction of judicial records containing criminal history
 1690  information to the extent such procedures are not inconsistent
 1691  with the conditions, responsibilities, and duties established by
 1692  this section. Any court of competent jurisdiction may order a
 1693  criminal justice agency to seal the criminal history record of a
 1694  minor or an adult who complies with the requirements of this
 1695  section. The court may shall not order a criminal justice agency
 1696  to seal a criminal history record until the person seeking to
 1697  seal a criminal history record has applied for and received a
 1698  certificate of eligibility for sealing pursuant to subsection
 1699  (2). A criminal history record that relates to a violation of s.
 1700  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
 1701  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
 1702  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
 1703  s. 916.1075, a violation enumerated in s. 907.041, or any
 1704  violation specified as a predicate offense for registration as a
 1705  sexual predator pursuant to s. 775.21, without regard to whether
 1706  that offense alone is sufficient to require such registration,
 1707  or for registration as a sexual offender pursuant to s.
 1708  943.0435, may not be sealed, without regard to whether
 1709  adjudication was withheld, if the defendant was found guilty of
 1710  or pled guilty or nolo contendere to the offense, or if the
 1711  defendant, as a minor, was found to have committed or pled
 1712  guilty or nolo contendere to committing the offense as a
 1713  delinquent act. The court may only order sealing of a criminal
 1714  history record pertaining to one arrest or one incident of
 1715  alleged criminal activity, except as provided in this section.
 1716  The court may, at its sole discretion, order the sealing of a
 1717  criminal history record pertaining to more than one arrest if
 1718  the additional arrests directly relate to the original arrest.
 1719  If the court intends to order the sealing of records pertaining
 1720  to such additional arrests, such intent must be specified in the
 1721  order. A criminal justice agency may not seal any record
 1722  pertaining to such additional arrests if the order to seal does
 1723  not articulate the intention of the court to seal records
 1724  pertaining to more than one arrest. This section does not
 1725  prevent the court from ordering the sealing of only a portion of
 1726  a criminal history record pertaining to one arrest or one
 1727  incident of alleged criminal activity. Notwithstanding any law
 1728  to the contrary, a criminal justice agency may comply with laws,
 1729  court orders, and official requests of other jurisdictions
 1730  relating to sealing, correction, or confidential handling of
 1731  criminal history records or information derived therefrom. This
 1732  section does not confer any right to the sealing of any criminal
 1733  history record, and any request for sealing a criminal history
 1734  record may be denied at the sole discretion of the court.
 1735         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
 1736  petition to a court to seal a criminal history record is
 1737  complete only when accompanied by:
 1738         (a) A valid certificate of eligibility for sealing issued
 1739  by the department pursuant to subsection (2).
 1740         (b) The petitioner’s sworn statement attesting that the
 1741  petitioner:
 1742         1. Has never, prior to the date on which the petition is
 1743  filed, been adjudicated guilty of a criminal offense or
 1744  comparable ordinance violation, or been adjudicated delinquent
 1745  for committing any felony or a misdemeanor specified in s.
 1746  943.051(3)(b).
 1747         2. Has not been adjudicated guilty of or adjudicated
 1748  delinquent for committing any of the acts stemming from the
 1749  arrest or alleged criminal activity to which the petition to
 1750  seal pertains.
 1751         3. Has never secured a prior sealing or expunction of a
 1752  criminal history record under this section, s. 943.0585, former
 1753  s. 893.14, former s. 901.33, or former s. 943.058.
 1754         4. Is eligible for such a sealing to the best of his or her
 1755  knowledge or belief and does not have any other petition to seal
 1756  or any petition to expunge pending before any court.
 1757  
 1758  A Any person who knowingly provides false information on such
 1759  sworn statement to the court commits a felony of the third
 1760  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1761  775.084.
 1762         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
 1763  petitioning the court to seal a criminal history record, a
 1764  person seeking to seal a criminal history record shall apply to
 1765  the department for a certificate of eligibility for sealing. The
 1766  department shall, by rule adopted pursuant to chapter 120,
 1767  establish procedures pertaining to the application for and
 1768  issuance of certificates of eligibility for sealing. A
 1769  certificate of eligibility for sealing is valid for 12 months
 1770  after the date stamped on the certificate when issued by the
 1771  department. After that time, the petitioner must reapply to the
 1772  department for a new certificate of eligibility. Eligibility for
 1773  a renewed certification of eligibility must be based on the
 1774  status of the applicant and the law in effect at the time of the
 1775  renewal application. The department shall issue a certificate of
 1776  eligibility for sealing to a person who is the subject of a
 1777  criminal history record provided that such person:
 1778         (a) Has submitted to the department a certified copy of the
 1779  disposition of the charge to which the petition to seal
 1780  pertains.
 1781         (b) Remits a $75 processing fee to the department for
 1782  placement in the Department of Law Enforcement Operating Trust
 1783  Fund, unless such fee is waived by the executive director.
 1784         (c) Has never, prior to the date on which the application
 1785  for a certificate of eligibility is filed, been adjudicated
 1786  guilty of a criminal offense or comparable ordinance violation,
 1787  or been adjudicated delinquent for committing any felony or a
 1788  misdemeanor specified in s. 943.051(3)(b).
 1789         (d) Has not been adjudicated guilty of or adjudicated
 1790  delinquent for committing any of the acts stemming from the
 1791  arrest or alleged criminal activity to which the petition to
 1792  seal pertains.
 1793         (e) Has never secured a prior sealing or expunction of a
 1794  criminal history record under this section, s. 943.0585, former
 1795  s. 893.14, former s. 901.33, or former s. 943.058.
 1796         (f) Is no longer under court supervision applicable to the
 1797  disposition of the arrest or alleged criminal activity to which
 1798  the petition to seal pertains.
 1799         (3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
 1800         (a) In judicial proceedings under this section, a copy of
 1801  the completed petition to seal shall be served upon the
 1802  appropriate state attorney or the statewide prosecutor and upon
 1803  the arresting agency; however, it is not necessary to make any
 1804  agency other than the state a party. The appropriate state
 1805  attorney or the statewide prosecutor and the arresting agency
 1806  may respond to the court regarding the completed petition to
 1807  seal.
 1808         (b) If relief is granted by the court, the clerk of the
 1809  court shall certify copies of the order to the appropriate state
 1810  attorney or the statewide prosecutor and to the arresting
 1811  agency. The arresting agency is responsible for forwarding the
 1812  order to any other agency to which the arresting agency
 1813  disseminated the criminal history record information to which
 1814  the order pertains. The department shall forward the order to
 1815  seal to the Federal Bureau of Investigation. The clerk of the
 1816  court shall certify a copy of the order to any other agency
 1817  which the records of the court reflect has received the criminal
 1818  history record from the court.
 1819         (c) For an order to seal entered by a court prior to July
 1820  1, 1992, the department shall notify the appropriate state
 1821  attorney or statewide prosecutor of any order to seal which is
 1822  contrary to law because the person who is the subject of the
 1823  record has previously been convicted of a crime or comparable
 1824  ordinance violation or has had a prior criminal history record
 1825  sealed or expunged. Upon receipt of such notice, the appropriate
 1826  state attorney or statewide prosecutor shall take action, within
 1827  60 days, to correct the record and petition the court to void
 1828  the order to seal. The department shall seal the record until
 1829  such time as the order is voided by the court.
 1830         (d) On or after July 1, 1992, the department or any other
 1831  criminal justice agency is not required to act on an order to
 1832  seal entered by a court when such order does not comply with the
 1833  requirements of this section. Upon receipt of such an order, the
 1834  department must notify the issuing court, the appropriate state
 1835  attorney or statewide prosecutor, the petitioner or the
 1836  petitioner’s attorney, and the arresting agency of the reason
 1837  for noncompliance. The appropriate state attorney or statewide
 1838  prosecutor shall take action within 60 days to correct the
 1839  record and petition the court to void the order. No cause of
 1840  action, including contempt of court, shall arise against any
 1841  criminal justice agency for failure to comply with an order to
 1842  seal when the petitioner for such order failed to obtain the
 1843  certificate of eligibility as required by this section or when
 1844  such order does not comply with the requirements of this
 1845  section.
 1846         (e) An order sealing a criminal history record pursuant to
 1847  this section does not require that such record be surrendered to
 1848  the court, and such record shall continue to be maintained by
 1849  the department and other criminal justice agencies.
 1850         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
 1851  history record of a minor or an adult which is ordered sealed by
 1852  a court of competent jurisdiction pursuant to this section is
 1853  confidential and exempt from the provisions of s. 119.07(1) and
 1854  s. 24(a), Art. I of the State Constitution and is available only
 1855  to the person who is the subject of the record, to the subject’s
 1856  attorney, to criminal justice agencies for their respective
 1857  criminal justice purposes, which include conducting a criminal
 1858  history background check for approval of firearms purchases or
 1859  transfers as authorized by state or federal law, to judges in
 1860  the state courts system for the purpose of assisting them in
 1861  their case-related decisionmaking responsibilities, as set forth
 1862  in s. 943.053(5), or to those entities set forth in
 1863  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
 1864  licensing, access authorization, and employment purposes.
 1865         (a) The subject of a criminal history record sealed under
 1866  this section or under other provisions of law, including former
 1867  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
 1868  deny or fail to acknowledge the arrests covered by the sealed
 1869  record, except when the subject of the record:
 1870         1. Is a candidate for employment with a criminal justice
 1871  agency;
 1872         2. Is a defendant in a criminal prosecution;
 1873         3. Concurrently or subsequently petitions for relief under
 1874  this section, s. 943.0583, or s. 943.0585;
 1875         4. Is a candidate for admission to The Florida Bar;
 1876         5. Is seeking to be employed or licensed by or to contract
 1877  with the Department of Children and Families, the Division of
 1878  Vocational Rehabilitation within the Department of Education,
 1879  the Agency for Health Care Administration, the Agency for
 1880  Persons with Disabilities, the Department of Health, the
 1881  Department of Elderly Affairs, or the Department of Juvenile
 1882  Justice or to be employed or used by such contractor or licensee
 1883  in a sensitive position having direct contact with children, the
 1884  disabled, or the elderly;
 1885         6. Is seeking to be employed or licensed by the Department
 1886  of Education, any district school board, any university
 1887  laboratory school, any charter school, any private or parochial
 1888  school, or any local governmental entity that licenses child
 1889  care facilities; or
 1890         7. Is attempting to purchase a firearm from a licensed
 1891  importer, licensed manufacturer, or licensed dealer and is
 1892  subject to a criminal history check under state or federal law.
 1893         (b) Subject to the exceptions in paragraph (a), a person
 1894  who has been granted a sealing under this section, former s.
 1895  893.14, former s. 901.33, or former s. 943.058 may not be held
 1896  under any provision of law of this state to commit perjury or to
 1897  be otherwise liable for giving a false statement by reason of
 1898  such person’s failure to recite or acknowledge a sealed criminal
 1899  history record.
 1900         (c) Information relating to the existence of a sealed
 1901  criminal record provided in accordance with the provisions of
 1902  paragraph (a) is confidential and exempt from the provisions of
 1903  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 1904  except that the department shall disclose the sealed criminal
 1905  history record to the entities set forth in subparagraphs (a)1.,
 1906  4., 5., 6., and 8. for their respective licensing, access
 1907  authorization, and employment purposes. It is unlawful for any
 1908  employee of an entity set forth in subparagraph (a)1.,
 1909  subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
 1910  subparagraph (a)8. to disclose information relating to the
 1911  existence of a sealed criminal history record of a person
 1912  seeking employment, access authorization, or licensure with such
 1913  entity or contractor, except to the person to whom the criminal
 1914  history record relates or to persons having direct
 1915  responsibility for employment, access authorization, or
 1916  licensure decisions. Any person who violates the provisions of
 1917  this paragraph commits a misdemeanor of the first degree,
 1918  punishable as provided in s. 775.082 or s. 775.083.
 1919         (5) STATUTORY REFERENCES.—Any reference to any other
 1920  chapter, section, or subdivision of the Florida Statutes in this
 1921  section constitutes a general reference under the doctrine of
 1922  incorporation by reference.
 1923         Section 30. Paragraph (b) of subsection (1) of section
 1924  944.606, Florida Statutes, is amended to read:
 1925         944.606 Sexual offenders; notification upon release.—
 1926         (1) As used in this section:
 1927         (b) “Sexual offender” means a person who has been convicted
 1928  of committing, or attempting, soliciting, or conspiring to
 1929  commit, any of the criminal offenses proscribed in the following
 1930  statutes in this state or similar offenses in another
 1931  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 1932  the victim is a minor and the defendant is not the victim’s
 1933  parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
 1934  s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
 1935  796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
 1936  847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
 1937  847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
 1938  committed in this state which has been redesignated from a
 1939  former statute number to one of those listed in this subsection,
 1940  when the department has received verified information regarding
 1941  such conviction; an offender’s computerized criminal history
 1942  record is not, in and of itself, verified information.
 1943         Section 31. Paragraph (a) of subsection (1) of section
 1944  944.607, Florida Statutes, is amended to read:
 1945         944.607 Notification to Department of Law Enforcement of
 1946  information on sexual offenders.—
 1947         (1) As used in this section, the term:
 1948         (a) “Sexual offender” means a person who is in the custody
 1949  or control of, or under the supervision of, the department or is
 1950  in the custody of a private correctional facility:
 1951         1. On or after October 1, 1997, as a result of a conviction
 1952  for committing, or attempting, soliciting, or conspiring to
 1953  commit, any of the criminal offenses proscribed in the following
 1954  statutes in this state or similar offenses in another
 1955  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 1956  the victim is a minor and the defendant is not the victim’s
 1957  parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
 1958  s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
 1959  796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
 1960  847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
 1961  847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
 1962  committed in this state which has been redesignated from a
 1963  former statute number to one of those listed in this paragraph;
 1964  or
 1965         2. Who establishes or maintains a residence in this state
 1966  and who has not been designated as a sexual predator by a court
 1967  of this state but who has been designated as a sexual predator,
 1968  as a sexually violent predator, or by another sexual offender
 1969  designation in another state or jurisdiction and was, as a
 1970  result of such designation, subjected to registration or
 1971  community or public notification, or both, or would be if the
 1972  person were a resident of that state or jurisdiction, without
 1973  regard as to whether the person otherwise meets the criteria for
 1974  registration as a sexual offender.
 1975         Section 32. Subsection (2) of section 948.013, Florida
 1976  Statutes, is amended to read:
 1977         948.013 Administrative probation.—
 1978         (2) Effective for an offense committed on or after July 1,
 1979  1998, a person is ineligible for placement on administrative
 1980  probation if the person is sentenced to or is serving a term of
 1981  probation or community control, regardless of the conviction or
 1982  adjudication, for committing, or attempting, conspiring, or
 1983  soliciting to commit, any of the felony offenses described in s.
 1984  787.01 or s. 787.02, where the victim is a minor and the
 1985  defendant is not the victim’s parent; s. 787.025; chapter 794;
 1986  s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
 1987  847.0133; s. 847.0135; or s. 847.0145.
 1988         Section 33. Subsection (1) of section 948.32, Florida
 1989  Statutes, is amended to read:
 1990         948.32 Requirements of law enforcement agency upon arrest
 1991  of persons for certain sex offenses.—
 1992         (1) When any state or local law enforcement agency
 1993  investigates or arrests a person for committing, or attempting,
 1994  soliciting, or conspiring to commit, a violation of s.
 1995  787.025(2)(c), chapter 794, s. 796.03, s. 800.04, s. 827.071, s.
 1996  847.0133, s. 847.0135, or s. 847.0145, the law enforcement
 1997  agency shall contact the Department of Corrections to verify
 1998  whether the person under investigation or under arrest is on
 1999  probation, community control, parole, conditional release, or
 2000  control release.
 2001         Section 34. This act shall take effect October 1, 2014.