Florida Senate - 2017                                    SB 1208
       
       
        
       By Senator Book
       
       
       
       
       
       32-01244-17                                           20171208__
    1                        A bill to be entitled                      
    2         An act relating to sexual crimes; amending s. 794.011,
    3         F.S.; redefining the term “sexual battery” to include
    4         the intentional touching in a lewd or lascivious
    5         manner upon specified areas or the clothing covering
    6         such areas; amending s. 825.1025, F.S.; defining the
    7         term “disabled person” as it relates to lewd or
    8         lascivious offenses committed upon or in the presence
    9         of a disabled person; amending s. 960.199, F.S.;
   10         authorizing the Department of Legal Affairs to award
   11         relocation assistance to victims of specified sexual
   12         offenses, rather than only sexual battery; conforming
   13         provisions to changes made by the act; amending s.
   14         960.28, F.S.; increasing the monetary assistance that
   15         the Crime Victims’ Services Office must pay for
   16         medical expenses connected with an initial forensic
   17         physical examination for specified victims; reenacting
   18         s. 39.0139(3)(a), F.S., relating to visitation or
   19         other contact and restrictions; reenacting s.
   20         39.509(6)(a), F.S., relating to grandparents rights;
   21         reenacting s. 39.806(1)(d) and (m), F.S., relating to
   22         grounds for termination of parental rights; reenacting
   23         s. 63.089(4)(b), F.S., relating to proceedings to
   24         terminate parental rights pending adoption, hearing,
   25         grounds, dismissal of petition, and judgment;
   26         reenacting s. 90.404(2)(b), F.S., relating to
   27         character evidence when admissible; reenacting s.
   28         92.565(2), F.S., relating to admissibility of
   29         confession in sexual abuse cases; reenacting s.
   30         95.11(9), F.S., relating to limitations other than for
   31         the recovery of real property; reenacting s.
   32         119.071(2)(j), F.S., relating to general exemptions
   33         from inspection or copying of public records;
   34         reenacting s. 382.356, F.S., relating to protocol for
   35         sharing certain birth certificate information;
   36         reenacting s. 394.912(9), F.S., relating to
   37         definitions; reenacting s. 395.0197(10), F.S.,
   38         relating to the internal risk management program;
   39         reenacting s. 409.2355, F.S., relating to programs for
   40         prosecution of males over age 21 who commit certain
   41         offenses involving girls under age 16; reenacting s.
   42         411.243(1)(c), F.S., relating to the Teen Pregnancy
   43         Prevention Community Initiative; reenacting s.
   44         415.102(26), F.S., relating to definitions of terms
   45         used in ss. 415.101-415.113, F.S; reenacting s.
   46         435.04(2)(s), F.S., relating to level 2 screening
   47         standards; reenacting s. 435.07(4)(c), F.S., relating
   48         to exemptions from disqualification; reenacting s.
   49         456.074(5)(f), F.S., relating to certain health care
   50         practitioners and immediate suspension of license;
   51         reenacting s. 480.041(7)(f), F.S., relating to massage
   52         therapists, qualifications, licensure, and
   53         endorsement; reenacting s. 480.043(8)(f), F.S.,
   54         relating to massage establishments, requisites,
   55         licensure, and inspection; reenacting s.
   56         775.0877(1)(a), F.S., relating to criminal
   57         transmission of HIV, procedures, and penalties;
   58         reenacting s. 775.15(13) and (14), F.S., relating to
   59         time limitations, general time limitations, and
   60         exceptions; reenacting s. 775.21(4)(a) and (10)(b),
   61         F.S., relating to The Florida Sexual Predators Act;
   62         reenacting s. 775.215(2) and (3), F.S., relating to
   63         residency restriction for persons convicted of certain
   64         sex offenses; reenacting s. 784.048(7) and (8), F.S.,
   65         relating to stalking, definitions, and penalties;
   66         reenacting s. 787.06(3)(g), F.S., relating to human
   67         trafficking; reenacting s. 794.022, F.S., relating to
   68         the rules of evidence; reenacting s. 794.0235(1),
   69         F.S., relating to administration of
   70         medroxyprogesterone acetate (MPA) to persons convicted
   71         of sexual battery; reenacting s. 794.055(2)(e), F.S.,
   72         relating to access to services for victims of sexual
   73         battery; reenacting s. 794.056(1), F.S., relating to
   74         the Rape Crisis Program Trust Fund; reenacting s.
   75         856.022(1), F.S., relating to loitering or prowling by
   76         certain offenders in close proximity to children;
   77         reenacting s. 914.16, F.S., relating to child abuse
   78         and sexual abuse of victims under age 16 or who have
   79         an intellectual disability and limits on interviews;
   80         reenacting s. 921.0024(1)(b), F.S., relating to the
   81         Criminal Punishment Code, worksheet computations, and
   82         scoresheets; reenacting s. 921.244(1) and (3), F.S.,
   83         relating to an order of no contact and penalties;
   84         reenacting s. 938.08, F.S., relating to additional
   85         costs to fund programs in domestic violence;
   86         reenacting s. 938.085, F.S., relating to additional
   87         costs to fund rape crisis centers; reenacting s.
   88         943.0435(1)(h), (11)(a), and (14)(b), F.S., relating
   89         to sexual offenders required to register with the
   90         Department of Law Enforcement and penalty; reenacting
   91         s. 943.04354(1)(a) and (3), F.S., relating to removal
   92         of the requirement to register as a sexual offender or
   93         sexual predator in special circumstances; reenacting
   94         s. 944.033(3), F.S., relating to community
   95         correctional centers, existence, location, purpose,
   96         and restriction; reenacting s. 944.053(4), F.S.,
   97         relating to Forestry Work Camps; reenacting s.
   98         944.275(4)(e), F.S., relating to gain-time; reenacting
   99         s. 944.606(1)(f), F.S., relating to sexual offenders
  100         and notification upon release; reenacting s.
  101         944.607(1)(f), F.S., relating to notification to the
  102         Department of Law Enforcement of information on sexual
  103         offenders; reenacting s. 945.091(3), F.S., relating to
  104         extension of the limits of confinement; reenacting s.
  105         946.40(4), F.S., relating to use of prisoners in
  106         public works; reenacting s. 948.012(5)(a), F.S.,
  107         relating to a split sentence of probation or community
  108         control and imprisonment; reenacting s. 948.03(2),
  109         F.S., relating to the terms and conditions of
  110         probation; reenacting s. 948.062(1)(b), F.S., relating
  111         to reviewing and reporting serious offenses committed
  112         by offenders placed on probation or community control;
  113         reenacting s. 948.101(2), F.S., relating to the terms
  114         and conditions of community control; reenacting s.
  115         951.24(2)(c), F.S., relating to extending the limits
  116         of confinement for county prisoners; reenacting s.
  117         958.09(2), F.S., relating to the extension of limits
  118         of confinement; reenacting s. 960.199(1), F.S.,
  119         relating to relocation assistance for victims of
  120         sexual battery; reenacting s. 1012.315(1)(p), F.S.,
  121         relating to disqualifications from employment;
  122         reenacting s. 435.04(2), F.S., relating to level 2
  123         screening standards; reenacting s. 775.15(15) and
  124         (16), F.S., relating to time limitations, general time
  125         limitations, and exceptions; reenacting s. 775.21(4),
  126         F.S., relating to The Florida Sexual Predators Act;
  127         reenacting s. 794.011(4) and (5), F.S., relating to
  128         sexual battery; reenacting s. 794.056(1), F.S.,
  129         relating to the Rape Crisis Program Trust Fund;
  130         reenacting s. 800.04(4) and (5), F.S., relating to
  131         lewd or lascivious offenses committed upon or in the
  132         presence of persons less than 16 years of age;
  133         reenacting s. 856.022(1), F.S., relating to loitering
  134         or prowling by certain offenders in close proximity to
  135         children; reenacting s. 938.085, F.S., relating to
  136         additional costs to fund rape crisis centers;
  137         reenacting s. 943.0435(1), F.S., relating to sexual
  138         offenders required to register with the Department of
  139         Law Enforcement and penalty; reenacting s. 943.0585,
  140         F.S., relating to court-ordered expunction of criminal
  141         history records; reenacting s. 943.059, F.S., relating
  142         to court-ordered sealing of criminal history records;
  143         reenacting s. 944.275(4), F.S., relating to gain-time;
  144         reenacting s. 944.606(1), F.S., relating to sexual
  145         offenders and notification upon release; reenacting s.
  146         944.607(1), F.S., relating to notification to the
  147         Department of Law Enforcement of information on sexual
  148         offenders; reenacting s. 948.012(5), F.S., relating to
  149         split sentence of probation or community control and
  150         imprisonment; reenacting s. 948.06(8), F.S., relating
  151         to violation of probation or community control,
  152         revocation, modification, continuance, and failure to
  153         pay restitution or cost of supervision; reenacting s.
  154         960.003(2) and (3), F.S., relating to hepatitis and
  155         HIV testing for persons charged with, or alleged by
  156         petition for delinquency to have committed, certain
  157         offenses, and disclosure of results to victims;
  158         reenacting s. 1012.315(1), F.S., relating to
  159         disqualification from employment; reenacting s.
  160         960.196(3), F.S., relating to relocation assistance
  161         for victims of human trafficking; reenacting s.
  162         960.198(3), F.S., relating to relocation assistance
  163         for victims of domestic violence; reenacting s.
  164         39.304(5), F.S., relating to photographs, medical
  165         examinations, X rays, and medical treatment of abused,
  166         abandoned, or neglected child; reenacting s. 624.128,
  167         F.S., relating to crime victims exemption; reenacting
  168         s. 960.13(6), F.S., relating to awards; providing an
  169         effective date.
  170          
  171  Be It Enacted by the Legislature of the State of Florida:
  172  
  173         Section 1. Paragraph (h) of subsection (1) of section
  174  794.011, Florida Statutes, is amended to read:
  175         794.011 Sexual battery.—
  176         (1) As used in this chapter:
  177         (h) “Sexual battery” means oral, anal, or vaginal
  178  penetration by, or union with, the sexual organ of another, or
  179  the anal or vaginal penetration of another by any other object,
  180  or the intentional touching in a lewd or lascivious manner the
  181  breasts, genitals, genital area, or buttocks, or the clothing
  182  covering such areas; however, sexual battery does not include an
  183  act done for a bona fide medical purpose.
  184         Section 2. Subsection (1) of section 825.1025, Florida
  185  Statutes, is amended to read:
  186         825.1025 Lewd or lascivious offenses committed upon or in
  187  the presence of an elderly person or disabled person.—
  188         (1) As used in this section, the term:
  189         (a) “Disabled person” includes a minor who suffers from a
  190  condition of physical or mental incapacitation due to a
  191  developmental disability, organic brain damage, or mental
  192  illness, or who has one or more physical or mental limitations
  193  that restrict his or her ability to perform the normal
  194  activities of daily living.
  195         (b) “Sexual activity” means the oral, anal, or vaginal
  196  penetration by, or union with, the sexual organ of another or
  197  the anal or vaginal penetration of another by any other object;
  198  however, sexual activity does not include an act done for a bona
  199  fide medical purpose.
  200         Section 3. Section 960.199, Florida Statutes, is amended to
  201  read:
  202         960.199 Relocation assistance for victims of sexual
  203  offenses battery.—
  204         (1) The department may award a one-time payment of up to
  205  $1,500 on any one claim and a lifetime maximum of $3,000 to a
  206  victim of sexual battery, as defined in s. 794.011, of a felony
  207  violation of chapter 800, or of a violation of s. 827.071(2) or
  208  (3), who needs relocation assistance.
  209         (2) In order for an award to be granted to a victim for
  210  relocation assistance:
  211         (a) There must be proof that a sexual battery offense was
  212  committed.
  213         (b) The sexual battery offense must be reported to the
  214  proper authorities.
  215         (c) The victim’s need for assistance must be certified by a
  216  certified rape crisis center in this state.
  217         (d) The center’s certification must assert that the victim
  218  is cooperating with law enforcement officials, if applicable,
  219  and must include documentation that the victim has developed a
  220  safety plan.
  221         (e) The act of the sexual offense battery must be committed
  222  in the victim’s place of residence or in a location that would
  223  lead the victim to reasonably fear for his or her continued
  224  safety in the place of residence.
  225         (3) Relocation payments for the a sexual offense battery
  226  claim under this section shall be denied if the department has
  227  previously approved or paid out a human trafficking or domestic
  228  violence relocation claim under s. 960.196 or s. 960.198 to the
  229  same victim regarding the same incident.
  230         Section 4. Subsection (2) of section 960.28, Florida
  231  Statutes, is amended to read:
  232         960.28 Payment for victims’ initial forensic physical
  233  examinations.—
  234         (2) The Crime Victims’ Services Office of the department
  235  shall pay for medical expenses connected with an initial
  236  forensic physical examination of a victim of sexual battery as
  237  defined in chapter 794 or a lewd or lascivious offense as
  238  defined in chapter 800. Such payment shall be made regardless of
  239  whether the victim is covered by health or disability insurance
  240  and whether the victim participates in the criminal justice
  241  system or cooperates with law enforcement. The payment shall be
  242  made only out of moneys allocated to the Crime Victims’ Services
  243  Office for the purposes of this section, and the payment may not
  244  exceed $700 $500 with respect to any violation. The department
  245  shall develop and maintain separate protocols for the initial
  246  forensic physical examination of adults and children. Payment
  247  under this section is limited to medical expenses connected with
  248  the initial forensic physical examination, and payment may be
  249  made to a medical provider using an examiner qualified under
  250  part I of chapter 464, excluding s. 464.003(16); chapter 458; or
  251  chapter 459. Payment made to the medical provider by the
  252  department shall be considered by the provider as payment in
  253  full for the initial forensic physical examination associated
  254  with the collection of evidence. The victim may not be required
  255  to pay, directly or indirectly, the cost of an initial forensic
  256  physical examination performed in accordance with this section.
  257         Section 5. For the purpose of incorporating the amendment
  258  made by this act to section 794.011, Florida Statutes, in a
  259  reference thereto, paragraph (a) of subsection (3) of section
  260  39.0139, Florida Statutes, is reenacted to read:
  261         39.0139 Visitation or other contact; restrictions.—
  262         (3) PRESUMPTION OF DETRIMENT.—
  263         (a) A rebuttable presumption of detriment to a child is
  264  created when:
  265         1. A court of competent jurisdiction has found probable
  266  cause exists that a parent or caregiver has sexually abused a
  267  child as defined in s. 39.01;
  268         2. A parent or caregiver has been found guilty of,
  269  regardless of adjudication, or has entered a plea of guilty or
  270  nolo contendere to, charges under the following statutes or
  271  substantially similar statutes of other jurisdictions:
  272         a. Section 787.04, relating to removing minors from the
  273  state or concealing minors contrary to court order;
  274         b. Section 794.011, relating to sexual battery;
  275         c. Section 798.02, relating to lewd and lascivious
  276  behavior;
  277         d. Chapter 800, relating to lewdness and indecent exposure;
  278         e. Section 826.04, relating to incest; or
  279         f. Chapter 827, relating to the abuse of children; or
  280         3. A court of competent jurisdiction has determined a
  281  parent or caregiver to be a sexual predator as defined in s.
  282  775.21 or a parent or caregiver has received a substantially
  283  similar designation under laws of another jurisdiction.
  284         Section 6. For the purpose of incorporating the amendment
  285  made by this act to section 794.011, Florida Statutes, in a
  286  reference thereto, paragraph (a) of subsection (6) of section
  287  39.509, Florida Statutes, is reenacted to read:
  288         39.509 Grandparents rights.—Notwithstanding any other
  289  provision of law, a maternal or paternal grandparent as well as
  290  a stepgrandparent is entitled to reasonable visitation with his
  291  or her grandchild who has been adjudicated a dependent child and
  292  taken from the physical custody of the parent unless the court
  293  finds that such visitation is not in the best interest of the
  294  child or that such visitation would interfere with the goals of
  295  the case plan. Reasonable visitation may be unsupervised and,
  296  where appropriate and feasible, may be frequent and continuing.
  297  Any order for visitation or other contact must conform to the
  298  provisions of s. 39.0139.
  299         (6) In determining whether grandparental visitation is not
  300  in the child’s best interest, consideration may be given to the
  301  following:
  302         (a) The finding of guilt, regardless of adjudication, or
  303  entry or plea of guilty or nolo contendere to charges under the
  304  following statutes, or similar statutes of other jurisdictions:
  305  s. 787.04, relating to removing minors from the state or
  306  concealing minors contrary to court order; s. 794.011, relating
  307  to sexual battery; s. 798.02, relating to lewd and lascivious
  308  behavior; chapter 800, relating to lewdness and indecent
  309  exposure; s. 826.04, relating to incest; or chapter 827,
  310  relating to the abuse of children.
  311         Section 7. For the purpose of incorporating the amendment
  312  made by this act to section 794.011, Florida Statutes, in
  313  references thereto, paragraphs (d) and (m) of subsection (1) of
  314  section 39.806, Florida Statutes, are reenacted to read:
  315         39.806 Grounds for termination of parental rights.—
  316         (1) Grounds for the termination of parental rights may be
  317  established under any of the following circumstances:
  318         (d) When the parent of a child is incarcerated and either:
  319         1. The period of time for which the parent is expected to
  320  be incarcerated will constitute a significant portion of the
  321  child’s minority. When determining whether the period of time is
  322  significant, the court shall consider the child’s age and the
  323  child’s need for a permanent and stable home. The period of time
  324  begins on the date that the parent enters into incarceration;
  325         2. The incarcerated parent has been determined by the court
  326  to be a violent career criminal as defined in s. 775.084, a
  327  habitual violent felony offender as defined in s. 775.084, or a
  328  sexual predator as defined in s. 775.21; has been convicted of
  329  first degree or second degree murder in violation of s. 782.04
  330  or a sexual battery that constitutes a capital, life, or first
  331  degree felony violation of s. 794.011; or has been convicted of
  332  an offense in another jurisdiction which is substantially
  333  similar to one of the offenses listed in this paragraph. As used
  334  in this section, the term “substantially similar offense” means
  335  any offense that is substantially similar in elements and
  336  penalties to one of those listed in this subparagraph, and that
  337  is in violation of a law of any other jurisdiction, whether that
  338  of another state, the District of Columbia, the United States or
  339  any possession or territory thereof, or any foreign
  340  jurisdiction; or
  341         3. The court determines by clear and convincing evidence
  342  that continuing the parental relationship with the incarcerated
  343  parent would be harmful to the child and, for this reason, that
  344  termination of the parental rights of the incarcerated parent is
  345  in the best interest of the child. When determining harm, the
  346  court shall consider the following factors:
  347         a. The age of the child.
  348         b. The relationship between the child and the parent.
  349         c. The nature of the parent’s current and past provision
  350  for the child’s developmental, cognitive, psychological, and
  351  physical needs.
  352         d. The parent’s history of criminal behavior, which may
  353  include the frequency of incarceration and the unavailability of
  354  the parent to the child due to incarceration.
  355         e. Any other factor the court deems relevant.
  356         (m) The court determines by clear and convincing evidence
  357  that the child was conceived as a result of an act of sexual
  358  battery made unlawful pursuant to s. 794.011, or pursuant to a
  359  similar law of another state, territory, possession, or Native
  360  American tribe where the offense occurred. It is presumed that
  361  termination of parental rights is in the best interest of the
  362  child if the child was conceived as a result of the unlawful
  363  sexual battery. A petition for termination of parental rights
  364  under this paragraph may be filed at any time. The court must
  365  accept a guilty plea or conviction of unlawful sexual battery
  366  pursuant to s. 794.011 as conclusive proof that the child was
  367  conceived by a violation of criminal law as set forth in this
  368  subsection.
  369         Section 8. For the purpose of incorporating the amendment
  370  made by this act to section 794.011, Florida Statutes, in a
  371  reference thereto, paragraph (b) of subsection (4) of section
  372  63.089, Florida Statutes, is reenacted to read:
  373         63.089 Proceeding to terminate parental rights pending
  374  adoption; hearing; grounds; dismissal of petition; judgment.—
  375         (4) FINDING OF ABANDONMENT.—A finding of abandonment
  376  resulting in a termination of parental rights must be based upon
  377  clear and convincing evidence that a parent or person having
  378  legal custody has abandoned the child in accordance with the
  379  definition contained in s. 63.032. A finding of abandonment may
  380  also be based upon emotional abuse or a refusal to provide
  381  reasonable financial support, when able, to a birth mother
  382  during her pregnancy or on whether the person alleged to have
  383  abandoned the child, while being able, failed to establish
  384  contact with the child or accept responsibility for the child’s
  385  welfare.
  386         (b) The child has been abandoned when the parent of a child
  387  is incarcerated on or after October 1, 2001, in a federal,
  388  state, or county correctional institution and:
  389         1. The period of time for which the parent has been or is
  390  expected to be incarcerated will constitute a significant
  391  portion of the child’s minority. In determining whether the
  392  period of time is significant, the court shall consider the
  393  child’s age and the child’s need for a permanent and stable
  394  home. The period of time begins on the date that the parent
  395  enters into incarceration;
  396         2. The incarcerated parent has been determined by a court
  397  of competent jurisdiction to be a violent career criminal as
  398  defined in s. 775.084, a habitual violent felony offender as
  399  defined in s. 775.084, convicted of child abuse as defined in s.
  400  827.03, or a sexual predator as defined in s. 775.21; has been
  401  convicted of first degree or second degree murder in violation
  402  of s. 782.04 or a sexual battery that constitutes a capital,
  403  life, or first degree felony violation of s. 794.011; or has
  404  been convicted of a substantially similar offense in another
  405  jurisdiction. As used in this section, the term “substantially
  406  similar offense” means any offense that is substantially similar
  407  in elements and penalties to one of those listed in this
  408  subparagraph, and that is in violation of a law of any other
  409  jurisdiction, whether that of another state, the District of
  410  Columbia, the United States or any possession or territory
  411  thereof, or any foreign jurisdiction; or
  412         3. The court determines by clear and convincing evidence
  413  that continuing the parental relationship with the incarcerated
  414  parent would be harmful to the child and, for this reason,
  415  termination of the parental rights of the incarcerated parent is
  416  in the best interests of the child.
  417         Section 9. For the purpose of incorporating the amendment
  418  made by this act to section 794.011, Florida Statutes, in a
  419  reference thereto, paragraph (b) of subsection (2) of section
  420  90.404, Florida Statutes, is reenacted to read:
  421         90.404 Character evidence; when admissible.—
  422         (2) OTHER CRIMES, WRONGS, OR ACTS.—
  423         (b)1. In a criminal case in which the defendant is charged
  424  with a crime involving child molestation, evidence of the
  425  defendant’s commission of other crimes, wrongs, or acts of child
  426  molestation is admissible and may be considered for its bearing
  427  on any matter to which it is relevant.
  428         2. For the purposes of this paragraph, the term “child
  429  molestation” means conduct proscribed by s. 787.025(2)(c), s.
  430  787.06(3)(g), former s. 787.06(3)(h), s. 794.011, excluding s.
  431  794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s.
  432  800.04, s. 827.071, s. 847.0135(5), s. 847.0145, or s.
  433  985.701(1) when committed against a person 16 years of age or
  434  younger.
  435         Section 10. For the purpose of incorporating the amendment
  436  made by this act to section 794.011, Florida Statutes, in a
  437  reference thereto, subsection (2) of section 92.565, Florida
  438  Statutes, is reenacted to read:
  439         92.565 Admissibility of confession in sexual abuse cases.—
  440         (2) In any criminal action in which the defendant is
  441  charged with a crime against a victim under s. 794.011; s.
  442  794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse;
  443  s. 827.04, involving sexual abuse; s. 827.071; or s.
  444  847.0135(5), or any other crime involving sexual abuse of
  445  another, or with any attempt, solicitation, or conspiracy to
  446  commit any of these crimes, the defendant’s memorialized
  447  confession or admission is admissible during trial without the
  448  state having to prove a corpus delicti of the crime if the court
  449  finds in a hearing conducted outside the presence of the jury
  450  that the state is unable to show the existence of each element
  451  of the crime, and having so found, further finds that the
  452  defendant’s confession or admission is trustworthy. Factors
  453  which may be relevant in determining whether the state is unable
  454  to show the existence of each element of the crime include, but
  455  are not limited to, the fact that, at the time the crime was
  456  committed, the victim was:
  457         (a) Physically helpless, mentally incapacitated, or
  458  mentally defective, as those terms are defined in s. 794.011;
  459         (b) Physically incapacitated due to age, infirmity, or any
  460  other cause; or
  461         (c) Less than 12 years of age.
  462         Section 11. For the purpose of incorporating the amendment
  463  made by this act to section 794.011, Florida Statutes, in a
  464  reference thereto, subsection (9) of section 95.11, Florida
  465  Statutes, is reenacted to read:
  466         95.11 Limitations other than for the recovery of real
  467  property.—Actions other than for recovery of real property shall
  468  be commenced as follows:
  469         (9) SEXUAL BATTERY OFFENSES ON VICTIMS UNDER AGE 16.—An
  470  action related to an act constituting a violation of s. 794.011
  471  involving a victim who was under the age of 16 at the time of
  472  the act may be commenced at any time. This subsection applies to
  473  any such action other than one which would have been time barred
  474  on or before July 1, 2010.
  475         Section 12. For the purpose of incorporating the amendment
  476  made by this act to section 794.011, Florida Statutes, in a
  477  reference thereto, paragraph (j) of subsection (2) of section
  478  119.071, Florida Statutes, is reenacted to read:
  479         119.071 General exemptions from inspection or copying of
  480  public records.—
  481         (2) AGENCY INVESTIGATIONS.—
  482         (j)1. Any document that reveals the identity, home or
  483  employment telephone number, home or employment address, or
  484  personal assets of the victim of a crime and identifies that
  485  person as the victim of a crime, which document is received by
  486  any agency that regularly receives information from or
  487  concerning the victims of crime, is exempt from s. 119.07(1) and
  488  s. 24(a), Art. I of the State Constitution. Any information not
  489  otherwise held confidential or exempt from s. 119.07(1) which
  490  reveals the home or employment telephone number, home or
  491  employment address, or personal assets of a person who has been
  492  the victim of sexual battery, aggravated child abuse, aggravated
  493  stalking, harassment, aggravated battery, or domestic violence
  494  is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  495  Constitution, upon written request by the victim, which must
  496  include official verification that an applicable crime has
  497  occurred. Such information shall cease to be exempt 5 years
  498  after the receipt of the written request. Any state or federal
  499  agency that is authorized to have access to such documents by
  500  any provision of law shall be granted such access in the
  501  furtherance of such agency’s statutory duties, notwithstanding
  502  this section.
  503         2.a. Any information in a videotaped statement of a minor
  504  who is alleged to be or who is a victim of sexual battery, lewd
  505  acts, or other sexual misconduct proscribed in chapter 800 or in
  506  s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s.
  507  847.0133, or s. 847.0145, which reveals that minor’s identity,
  508  including, but not limited to, the minor’s face; the minor’s
  509  home, school, church, or employment telephone number; the
  510  minor’s home, school, church, or employment address; the name of
  511  the minor’s school, church, or place of employment; or the
  512  personal assets of the minor; and which identifies that minor as
  513  the victim of a crime described in this subparagraph, held by a
  514  law enforcement agency, is confidential and exempt from s.
  515  119.07(1) and s. 24(a), Art. I of the State Constitution. Any
  516  governmental agency that is authorized to have access to such
  517  statements by any provision of law shall be granted such access
  518  in the furtherance of the agency’s statutory duties,
  519  notwithstanding the provisions of this section.
  520         b. A public employee or officer who has access to a
  521  videotaped statement of a minor who is alleged to be or who is a
  522  victim of sexual battery, lewd acts, or other sexual misconduct
  523  proscribed in chapter 800 or in s. 794.011, s. 827.071, s.
  524  847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145
  525  may not willfully and knowingly disclose videotaped information
  526  that reveals the minor’s identity to a person who is not
  527  assisting in the investigation or prosecution of the alleged
  528  offense or to any person other than the defendant, the
  529  defendant’s attorney, or a person specified in an order entered
  530  by the court having jurisdiction of the alleged offense. A
  531  person who violates this provision commits a misdemeanor of the
  532  first degree, punishable as provided in s. 775.082 or s.
  533  775.083.
  534         Section 13. For the purpose of incorporating the amendment
  535  made by this act to section 794.011, Florida Statutes, in a
  536  reference thereto, section 382.356, Florida Statutes, is
  537  reenacted to read:
  538         382.356 Protocol for sharing certain birth certificate
  539  information.—In order to facilitate the prosecution of offenses
  540  under s. 794.011, s. 794.05, s. 800.04, or s. 827.04(3), the
  541  Department of Health, the Department of Revenue, and the Florida
  542  Prosecuting Attorneys Association shall develop a protocol for
  543  sharing birth certificate information for all children born to
  544  unmarried mothers who are less than 17 years of age at the time
  545  of the child’s birth.
  546         Section 14. For the purpose of incorporating the amendment
  547  made by this act to section 794.011, Florida Statutes, in a
  548  reference thereto, subsection (9) of section 394.912, Florida
  549  Statutes, is reenacted to read:
  550         394.912 Definitions.—As used in this part, the term:
  551         (9) “Sexually violent offense” means:
  552         (a) Murder of a human being while engaged in sexual battery
  553  in violation of s. 782.04(1)(a)2.;
  554         (b) Kidnapping of a child under the age of 13 and, in the
  555  course of that offense, committing:
  556         1. Sexual battery; or
  557         2. A lewd, lascivious, or indecent assault or act upon or
  558  in the presence of the child;
  559         (c) Committing the offense of false imprisonment upon a
  560  child under the age of 13 and, in the course of that offense,
  561  committing:
  562         1. Sexual battery; or
  563         2. A lewd, lascivious, or indecent assault or act upon or
  564  in the presence of the child;
  565         (d) Sexual battery in violation of s. 794.011;
  566         (e) Lewd, lascivious, or indecent assault or act upon or in
  567  presence of the child in violation of s. 800.04 or s.
  568  847.0135(5);
  569         (f) An attempt, criminal solicitation, or conspiracy, in
  570  violation of s. 777.04, of a sexually violent offense;
  571         (g) Any conviction for a felony offense in effect at any
  572  time before October 1, 1998, which is comparable to a sexually
  573  violent offense under paragraphs (a)-(f) or any federal
  574  conviction or conviction in another state for a felony offense
  575  that in this state would be a sexually violent offense;
  576         (h) Any criminal act that, either at the time of sentencing
  577  for the offense or subsequently during civil commitment
  578  proceedings under this part, has been determined beyond a
  579  reasonable doubt to have been sexually motivated; or
  580         (i) A criminal offense in which the state attorney refers a
  581  person to the department for civil commitment proceedings
  582  pursuant to s. 394.9125.
  583         Section 15. For the purpose of incorporating the amendment
  584  made by this act to section 794.011, Florida Statutes, in a
  585  reference thereto, subsection (10) of section 395.0197, Florida
  586  Statutes, is reenacted to read:
  587         395.0197 Internal risk management program.—
  588         (10) Any witness who witnessed or who possesses actual
  589  knowledge of the act that is the basis of an allegation of
  590  sexual abuse shall:
  591         (a) Notify the local police; and
  592         (b) Notify the hospital risk manager and the administrator.
  593  
  594  For purposes of this subsection, “sexual abuse” means acts of a
  595  sexual nature committed for the sexual gratification of anyone
  596  upon, or in the presence of, a vulnerable adult, without the
  597  vulnerable adult’s informed consent, or a minor. “Sexual abuse”
  598  includes, but is not limited to, the acts defined in s.
  599  794.011(1)(h), fondling, exposure of a vulnerable adult’s or
  600  minor’s sexual organs, or the use of the vulnerable adult or
  601  minor to solicit for or engage in prostitution or sexual
  602  performance. “Sexual abuse” does not include any act intended
  603  for a valid medical purpose or any act which may reasonably be
  604  construed to be a normal caregiving action.
  605         Section 16. For the purpose of incorporating the amendment
  606  made by this act to section 794.011, Florida Statutes, in a
  607  reference thereto, section 409.2355, Florida Statutes, is
  608  reenacted to read:
  609         409.2355 Programs for prosecution of males over age 21 who
  610  commit certain offenses involving girls under age 16.—Subject to
  611  specific appropriated funds, the Department of Children and
  612  Families is directed to establish a program by which local
  613  communities, through the state attorney’s office of each
  614  judicial circuit, may apply for grants to fund innovative
  615  programs for the prosecution of males over the age of 21 who
  616  victimize girls under the age of 16 in violation of s. 794.011,
  617  s. 794.05, s. 800.04, s. 827.04(3), or s. 847.0135(5).
  618         Section 17. For the purpose of incorporating the amendment
  619  made by this act to section 794.011, Florida Statutes, in a
  620  reference thereto, paragraph (c) of subsection (1) of section
  621  411.243, Florida Statutes, is reenacted to read:
  622         411.243 Teen Pregnancy Prevention Community Initiative.
  623  Subject to the availability of funds, the Department of Health
  624  shall create a Teen Pregnancy Prevention Community Initiative.
  625  The purpose of this initiative is to create collaborative
  626  community partnerships to reduce teen pregnancy. Participating
  627  communities shall examine their needs and resources relative to
  628  teen pregnancy prevention and develop plans which provide for a
  629  collaborative approach to how existing, enhanced, and new
  630  initiatives together will reduce teen pregnancy in a community.
  631  Community incentive grants shall provide funds for communities
  632  to implement plans which provide for a collaborative,
  633  comprehensive, outcome-focused approach to reducing teen
  634  pregnancy.
  635         (1) The requirements of the community incentive grants are
  636  as follows:
  637         (c) Grants must target a specified geographic area or
  638  region, for which data can be maintained to substantiate the
  639  teen pregnancy rate.
  640         Section 18. For the purpose of incorporating the amendment
  641  made by this act to section 794.011, Florida Statutes, in a
  642  reference thereto, subsection (26) of section 415.102, Florida
  643  Statutes, is reenacted to read:
  644         415.102 Definitions of terms used in ss. 415.101-415.113.
  645  As used in ss. 415.101-415.113, the term:
  646         (26) “Sexual abuse” means acts of a sexual nature committed
  647  in the presence of a vulnerable adult without that person’s
  648  informed consent. “Sexual abuse” includes, but is not limited
  649  to, the acts defined in s. 794.011(1)(h), fondling, exposure of
  650  a vulnerable adult’s sexual organs, or the use of a vulnerable
  651  adult to solicit for or engage in prostitution or sexual
  652  performance. “Sexual abuse” does not include any act intended
  653  for a valid medical purpose or any act that may reasonably be
  654  construed to be normal caregiving action or appropriate display
  655  of affection.
  656         Section 19. For the purpose of incorporating the amendment
  657  made by this act to section 794.011, Florida Statutes, in a
  658  reference thereto, paragraph (s) of subsection (2) of section
  659  435.04, Florida Statutes, is reenacted to read:
  660         435.04 Level 2 screening standards.—
  661         (2) The security background investigations under this
  662  section must ensure that no persons subject to the provisions of
  663  this section have been arrested for and are awaiting final
  664  disposition of, have been found guilty of, regardless of
  665  adjudication, or entered a plea of nolo contendere or guilty to,
  666  or have been adjudicated delinquent and the record has not been
  667  sealed or expunged for, any offense prohibited under any of the
  668  following provisions of state law or similar law of another
  669  jurisdiction:
  670         (s) Section 794.011, relating to sexual battery.
  671         Section 20. For the purpose of incorporating the amendment
  672  made by this act to section 794.011, Florida Statutes, in a
  673  reference thereto, paragraph (c) of subsection (4) of section
  674  435.07, Florida Statutes, is reenacted to read:
  675         435.07 Exemptions from disqualification.—Unless otherwise
  676  provided by law, the provisions of this section apply to
  677  exemptions from disqualification for disqualifying offenses
  678  revealed pursuant to background screenings required under this
  679  chapter, regardless of whether those disqualifying offenses are
  680  listed in this chapter or other laws.
  681         (4)
  682         (c) Disqualification from employment under this chapter may
  683  not be removed from, and an exemption may not be granted to, any
  684  current or prospective child care personnel, as defined in s.
  685  402.302(3), and such a person is disqualified from employment as
  686  child care personnel, regardless of any previous exemptions from
  687  disqualification, if the person has been registered as a sex
  688  offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
  689  arrested for and is awaiting final disposition of, has been
  690  convicted or found guilty of, or entered a plea of guilty or
  691  nolo contendere to, regardless of adjudication, or has been
  692  adjudicated delinquent and the record has not been sealed or
  693  expunged for, any offense prohibited under any of the following
  694  provisions of state law or a similar law of another
  695  jurisdiction:
  696         1. A felony offense prohibited under any of the following
  697  statutes:
  698         a. Chapter 741, relating to domestic violence.
  699         b. Section 782.04, relating to murder.
  700         c. Section 782.07, relating to manslaughter, aggravated
  701  manslaughter of an elderly person or disabled adult, aggravated
  702  manslaughter of a child, or aggravated manslaughter of an
  703  officer, a firefighter, an emergency medical technician, or a
  704  paramedic.
  705         d. Section 784.021, relating to aggravated assault.
  706         e. Section 784.045, relating to aggravated battery.
  707         f. Section 787.01, relating to kidnapping.
  708         g. Section 787.025, relating to luring or enticing a child.
  709         h. Section 787.04(2), relating to leading, taking,
  710  enticing, or removing a minor beyond the state limits, or
  711  concealing the location of a minor, with criminal intent pending
  712  custody proceedings.
  713         i. Section 787.04(3), relating to leading, taking,
  714  enticing, or removing a minor beyond the state limits, or
  715  concealing the location of a minor, with criminal intent pending
  716  dependency proceedings or proceedings concerning alleged abuse
  717  or neglect of a minor.
  718         j. Section 794.011, relating to sexual battery.
  719         k. Former s. 794.041, relating to sexual activity with or
  720  solicitation of a child by a person in familial or custodial
  721  authority.
  722         l. Section 794.05, relating to unlawful sexual activity
  723  with certain minors.
  724         m. Section 794.08, relating to female genital mutilation.
  725         n. Section 806.01, relating to arson.
  726         o. Section 826.04, relating to incest.
  727         p. Section 827.03, relating to child abuse, aggravated
  728  child abuse, or neglect of a child.
  729         q. Section 827.04, relating to contributing to the
  730  delinquency or dependency of a child.
  731         r. Section 827.071, relating to sexual performance by a
  732  child.
  733         s. Chapter 847, relating to child pornography.
  734         t. Section 985.701, relating to sexual misconduct in
  735  juvenile justice programs.
  736         2. A misdemeanor offense prohibited under any of the
  737  following statutes:
  738         a. Section 784.03, relating to battery, if the victim of
  739  the offense was a minor.
  740         b. Section 787.025, relating to luring or enticing a child.
  741         c. Chapter 847, relating to child pornography.
  742         3. A criminal act committed in another state or under
  743  federal law which, if committed in this state, constitutes an
  744  offense prohibited under any statute listed in subparagraph 1.
  745  or subparagraph 2.
  746         Section 21. For the purpose of incorporating the amendment
  747  made by this act to section 794.011, Florida Statutes, in a
  748  reference thereto, paragraph (f) of subsection (5) of section
  749  456.074, Florida Statutes, is reenacted to read:
  750         456.074 Certain health care practitioners; immediate
  751  suspension of license.—
  752         (5) The department shall issue an emergency order
  753  suspending the license of a massage therapist or establishment
  754  as defined in chapter 480 upon receipt of information that the
  755  massage therapist, a person with an ownership interest in the
  756  establishment, or, for a corporation that has more than $250,000
  757  of business assets in this state, the owner, officer, or
  758  individual directly involved in the management of the
  759  establishment has been convicted or found guilty of, or has
  760  entered a plea of guilty or nolo contendere to, regardless of
  761  adjudication, a violation of s. 796.07(2)(a) which is
  762  reclassified under s. 796.07(7) or a felony offense under any of
  763  the following provisions of state law or a similar provision in
  764  another jurisdiction:
  765         (f) Section 794.011, relating to sexual battery.
  766         Section 22. For the purpose of incorporating the amendment
  767  made by this act to section 794.011, Florida Statutes, in a
  768  reference thereto, paragraph (f) of subsection (7) of section
  769  480.041, Florida Statutes, is reenacted to read:
  770         480.041 Massage therapists; qualifications; licensure;
  771  endorsement.—
  772         (7) The board shall deny an application for a new or
  773  renewal license if an applicant has been convicted or found
  774  guilty of, or enters a plea of guilty or nolo contendere to,
  775  regardless of adjudication, a violation of s. 796.07(2)(a) which
  776  is reclassified under s. 796.07(7) or a felony offense under any
  777  of the following provisions of state law or a similar provision
  778  in another jurisdiction:
  779         (f) Section 794.011, relating to sexual battery.
  780         Section 23. For the purpose of incorporating the amendment
  781  made by this act to section 794.011, Florida Statutes, in a
  782  reference thereto, paragraph (f) of subsection (8) of section
  783  480.043, Florida Statutes, is reenacted to read:
  784         480.043 Massage establishments; requisites; licensure;
  785  inspection.—
  786         (8) The department shall deny an application for a new or
  787  renewal license if a person with an ownership interest in the
  788  establishment or, for a corporation that has more than $250,000
  789  of business assets in this state, the owner, officer, or
  790  individual directly involved in the management of the
  791  establishment has been convicted or found guilty of, or entered
  792  a plea of guilty or nolo contendere to, regardless of
  793  adjudication, a violation of s. 796.07(2)(a) which is
  794  reclassified under s. 796.07(7) or a felony offense under any of
  795  the following provisions of state law or a similar provision in
  796  another jurisdiction:
  797         (f) Section 794.011, relating to sexual battery.
  798         Section 24. For the purpose of incorporating the amendment
  799  made by this act to section 794.011, Florida Statutes, in a
  800  reference thereto, paragraph (a) of subsection (1) of section
  801  775.0877, Florida Statutes, is reenacted to read:
  802         775.0877 Criminal transmission of HIV; procedures;
  803  penalties.—
  804         (1) In any case in which a person has been convicted of or
  805  has pled nolo contendere or guilty to, regardless of whether
  806  adjudication is withheld, any of the following offenses, or the
  807  attempt thereof, which offense or attempted offense involves the
  808  transmission of body fluids from one person to another:
  809         (a) Section 794.011, relating to sexual battery;
  810  
  811  the court shall order the offender to undergo HIV testing, to be
  812  performed under the direction of the Department of Health in
  813  accordance with s. 381.004, unless the offender has undergone
  814  HIV testing voluntarily or pursuant to procedures established in
  815  s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
  816  rule providing for HIV testing of criminal offenders or inmates,
  817  subsequent to her or his arrest for an offense enumerated in
  818  paragraphs (a)-(n) for which she or he was convicted or to which
  819  she or he pled nolo contendere or guilty. The results of an HIV
  820  test performed on an offender pursuant to this subsection are
  821  not admissible in any criminal proceeding arising out of the
  822  alleged offense.
  823         Section 25. For the purpose of incorporating the amendment
  824  made by this act to section 794.011, Florida Statutes, in
  825  references thereto, subsections (13) and (14) of section 775.15,
  826  Florida Statutes, are reenacted to read:
  827         775.15 Time limitations; general time limitations;
  828  exceptions.—
  829         (13)(a) If the victim of a violation of s. 794.011, former
  830  s. 794.05, Florida Statutes 1995, s. 800.04, s. 826.04, or s.
  831  847.0135(5) is under the age of 18, the applicable period of
  832  limitation, if any, does not begin to run until the victim has
  833  reached the age of 18 or the violation is reported to a law
  834  enforcement agency or other governmental agency, whichever
  835  occurs earlier. Such law enforcement agency or other
  836  governmental agency shall promptly report such allegation to the
  837  state attorney for the judicial circuit in which the alleged
  838  violation occurred. If the offense is a first or second degree
  839  felony violation of s. 794.011, and the offense is reported
  840  within 72 hours after its commission, the prosecution for such
  841  offense may be commenced at any time. This paragraph applies to
  842  any such offense except an offense the prosecution of which
  843  would have been barred by subsection (2) on or before December
  844  31, 1984.
  845         (b) If the offense is a first degree felony violation of s.
  846  794.011 and the victim was under 18 years of age at the time the
  847  offense was committed, a prosecution of the offense may be
  848  commenced at any time. This paragraph applies to any such
  849  offense except an offense the prosecution of which would have
  850  been barred by subsection (2) on or before October 1, 2003.
  851         (c) If the offense is a violation of s. 794.011 and the
  852  victim was under 16 years of age at the time the offense was
  853  committed, a prosecution of the offense may be commenced at any
  854  time. This paragraph applies to any such offense except an
  855  offense the prosecution of which would have been barred by
  856  subsection (2) on or before July 1, 2010.
  857         (14)(a) A prosecution for a first or second degree felony
  858  violation of s. 794.011, if the victim is 16 years of age or
  859  older at the time of the offense and the offense is reported to
  860  a law enforcement agency within 72 hours after commission of the
  861  offense, may be commenced at any time.
  862         (b) Except as provided in paragraph (a) or paragraph
  863  (13)(b), a prosecution for a first or second degree felony
  864  violation of s. 794.011, if the victim is 16 years of age or
  865  older at the time of the offense, must be commenced within 8
  866  years after the violation is committed. This paragraph applies
  867  to any such offense except an offense the prosecution of which
  868  would have been barred by subsection (2) on or before July 1,
  869  2015.
  870         Section 26. For the purpose of incorporating the amendment
  871  made by this act to section 794.011, Florida Statutes, in
  872  references thereto, paragraph (a) of subsection (4) and
  873  paragraph (b) of subsection (10) of section 775.21, Florida
  874  Statutes, are reenacted to read:
  875         775.21 The Florida Sexual Predators Act.—
  876         (4) SEXUAL PREDATOR CRITERIA.—
  877         (a) For a current offense committed on or after October 1,
  878  1993, upon conviction, an offender shall be designated as a
  879  “sexual predator” under subsection (5), and subject to
  880  registration under subsection (6) and community and public
  881  notification under subsection (7) if:
  882         1. The felony is:
  883         a. A capital, life, or first degree felony violation, or
  884  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  885  is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a
  886  violation of a similar law of another jurisdiction; or
  887         b. Any felony violation, or any attempt thereof, of s.
  888  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  889  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  890  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  891  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  892  s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s.
  893  847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
  894  the court makes a written finding that the racketeering activity
  895  involved at least one sexual offense listed in this sub
  896  subparagraph or at least one offense listed in this sub
  897  subparagraph with sexual intent or motive; s. 916.1075(2); or s.
  898  985.701(1); or a violation of a similar law of another
  899  jurisdiction, and the offender has previously been convicted of
  900  or found to have committed, or has pled nolo contendere or
  901  guilty to, regardless of adjudication, any violation of s.
  902  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  903  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  904  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  905  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  906  s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  907  excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court
  908  makes a written finding that the racketeering activity involved
  909  at least one sexual offense listed in this sub-subparagraph or
  910  at least one offense listed in this sub-subparagraph with sexual
  911  intent or motive; s. 916.1075(2); or s. 985.701(1); or a
  912  violation of a similar law of another jurisdiction;
  913         2. The offender has not received a pardon for any felony or
  914  similar law of another jurisdiction that is necessary for the
  915  operation of this paragraph; and
  916         3. A conviction of a felony or similar law of another
  917  jurisdiction necessary to the operation of this paragraph has
  918  not been set aside in any postconviction proceeding.
  919         (10) PENALTIES.—
  920         (b) A sexual predator who has been convicted of or found to
  921  have committed, or has pled nolo contendere or guilty to,
  922  regardless of adjudication, any violation, or attempted
  923  violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  924  the victim is a minor; s. 794.011, excluding s. 794.011(10); s.
  925  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
  926  827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s.
  927  985.701(1); or a violation of a similar law of another
  928  jurisdiction when the victim of the offense was a minor, and who
  929  works, whether for compensation or as a volunteer, at any
  930  business, school, child care facility, park, playground, or
  931  other place where children regularly congregate, commits a
  932  felony of the third degree, punishable as provided in s.
  933  775.082, s. 775.083, or s. 775.084.
  934         Section 27. For the purpose of incorporating the amendment
  935  made by this act to section 794.011, Florida Statutes, in
  936  references thereto, subsections (2) and (3) of section 775.215,
  937  Florida Statutes, are reenacted to read:
  938         775.215 Residency restriction for persons convicted of
  939  certain sex offenses.—
  940         (2)(a) A person who has been convicted of a violation of s.
  941  794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
  942  regardless of whether adjudication has been withheld, in which
  943  the victim of the offense was less than 16 years of age, may not
  944  reside within 1,000 feet of any school, child care facility,
  945  park, or playground. However, a person does not violate this
  946  subsection and may not be forced to relocate if he or she is
  947  living in a residence that meets the requirements of this
  948  subsection and a school, child care facility, park, or
  949  playground is subsequently established within 1,000 feet of his
  950  or her residence.
  951         (b) A person who violates this subsection and whose
  952  conviction under s. 794.011, s. 800.04, s. 827.071, s.
  953  847.0135(5), or s. 847.0145 was classified as a felony of the
  954  first degree or higher commits a felony of the third degree,
  955  punishable as provided in s. 775.082 or s. 775.083. A person who
  956  violates this subsection and whose conviction under s. 794.011,
  957  s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was
  958  classified as a felony of the second or third degree commits a
  959  misdemeanor of the first degree, punishable as provided in s.
  960  775.082 or s. 775.083.
  961         (c) This subsection applies to any person convicted of a
  962  violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5),
  963  or s. 847.0145 for offenses that occur on or after October 1,
  964  2004, excluding persons who have been removed from the
  965  requirement to register as a sexual offender or sexual predator
  966  pursuant to s. 943.04354.
  967         (3)(a) A person who has been convicted of an offense in
  968  another jurisdiction that is similar to a violation of s.
  969  794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
  970  regardless of whether adjudication has been withheld, in which
  971  the victim of the offense was less than 16 years of age, may not
  972  reside within 1,000 feet of any school, child care facility,
  973  park, or playground. However, a person does not violate this
  974  subsection and may not be forced to relocate if he or she is
  975  living in a residence that meets the requirements of this
  976  subsection and a school, child care facility, park, or
  977  playground is subsequently established within 1,000 feet of his
  978  or her residence.
  979         (b) A person who violates this subsection and whose
  980  conviction in another jurisdiction resulted in a penalty that is
  981  substantially similar to a felony of the first degree or higher
  982  commits a felony of the third degree, punishable as provided in
  983  s. 775.082 or s. 775.083. A person who violates this subsection
  984  and whose conviction in another jurisdiction resulted in a
  985  penalty that is substantially similar to a felony of the second
  986  or third degree commits a misdemeanor of the first degree,
  987  punishable as provided in s. 775.082 or s. 775.083.
  988         (c) This subsection applies to any person convicted of an
  989  offense in another jurisdiction that is similar to a violation
  990  of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.
  991  847.0145 if such offense occurred on or after May 26, 2010,
  992  excluding persons who have been removed from the requirement to
  993  register as a sexual offender or sexual predator pursuant to s.
  994  943.04354.
  995         Section 28. For the purpose of incorporating the amendment
  996  made by this act to section 794.011, Florida Statutes, in
  997  references thereto, subsections (7) and (8) of section 784.048,
  998  Florida Statutes, are reenacted to read:
  999         784.048 Stalking; definitions; penalties.—
 1000         (7) A person who, after having been sentenced for a
 1001  violation of s. 794.011, s. 800.04, or s. 847.0135(5) and
 1002  prohibited from contacting the victim of the offense under s.
 1003  921.244, willfully, maliciously, and repeatedly follows,
 1004  harasses, or cyberstalks the victim commits the offense of
 1005  aggravated stalking, a felony of the third degree, punishable as
 1006  provided in s. 775.082, s. 775.083, or s. 775.084.
 1007         (8) The punishment imposed under this section shall run
 1008  consecutive to any former sentence imposed for a conviction for
 1009  any offense under s. 794.011, s. 800.04, or s. 847.0135(5).
 1010         Section 29. For the purpose of incorporating the amendment
 1011  made by this act to section 794.011, Florida Statutes, in a
 1012  reference thereto, paragraph (g) of subsection (3) of section
 1013  787.06, Florida Statutes, is reenacted to read:
 1014         787.06 Human trafficking.—
 1015         (3) Any person who knowingly, or in reckless disregard of
 1016  the facts, engages in human trafficking, or attempts to engage
 1017  in human trafficking, or benefits financially by receiving
 1018  anything of value from participation in a venture that has
 1019  subjected a person to human trafficking:
 1020         (g) For commercial sexual activity in which any child under
 1021  the age of 18, or in which any person who is mentally defective
 1022  or mentally incapacitated as those terms are defined in s.
 1023  794.011(1), is involved commits a life felony, punishable as
 1024  provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084.
 1025  
 1026  For each instance of human trafficking of any individual under
 1027  this subsection, a separate crime is committed and a separate
 1028  punishment is authorized.
 1029         Section 30. For the purpose of incorporating the amendment
 1030  made by this act to section 794.011, Florida Statutes, in a
 1031  reference thereto, section 794.022, Florida Statutes, is
 1032  reenacted to read:
 1033         794.022 Rules of evidence.—
 1034         (1) The testimony of the victim need not be corroborated in
 1035  a prosecution under s. 787.06, s. 794.011, or s. 800.04.
 1036         (2) Specific instances of prior consensual sexual activity
 1037  between the victim and any person other than the offender may
 1038  not be admitted into evidence in a prosecution under s. 787.06,
 1039  s. 794.011, or s. 800.04. However, such evidence may be admitted
 1040  if it is first established to the court in a proceeding in
 1041  camera that such evidence may prove that the defendant was not
 1042  the source of the semen, pregnancy, injury, or disease; or, when
 1043  consent by the victim is at issue, such evidence may be admitted
 1044  if it is first established to the court in a proceeding in
 1045  camera that such evidence tends to establish a pattern of
 1046  conduct or behavior on the part of the victim which is so
 1047  similar to the conduct or behavior in the case that it is
 1048  relevant to the issue of consent.
 1049         (3) Notwithstanding any other provision of law, reputation
 1050  evidence relating to a victim’s prior sexual conduct or evidence
 1051  presented for the purpose of showing that manner of dress of the
 1052  victim at the time of the offense incited the sexual battery may
 1053  not be admitted into evidence in a prosecution under s. 787.06,
 1054  s. 794.011, or s. 800.04.
 1055         (4) When consent of the victim is a defense to prosecution
 1056  under s. 787.06, s. 794.011, or s. 800.04, evidence of the
 1057  victim’s mental incapacity or defect is admissible to prove that
 1058  the consent was not intelligent, knowing, or voluntary; and the
 1059  court shall instruct the jury accordingly.
 1060         (5) An offender’s use of a prophylactic device, or a
 1061  victim’s request that an offender use a prophylactic device, is
 1062  not, by itself, relevant to either the issue of whether or not
 1063  the offense was committed or the issue of whether or not the
 1064  victim consented.
 1065         Section 31. For the purpose of incorporating the amendment
 1066  made by this act to section 794.011, Florida Statutes, in a
 1067  reference thereto, subsection (1) of section 794.0235, Florida
 1068  Statutes, is reenacted to read:
 1069         794.0235 Administration of medroxyprogesterone acetate
 1070  (MPA) to persons convicted of sexual battery.—
 1071         (1) Notwithstanding any other law, the court:
 1072         (a) May sentence a defendant to be treated with
 1073  medroxyprogesterone acetate (MPA), according to a schedule of
 1074  administration monitored by the Department of Corrections, if
 1075  the defendant is convicted of sexual battery as described in s.
 1076  794.011.
 1077         (b) Shall sentence a defendant to be treated with
 1078  medroxyprogesterone acetate (MPA), according to a schedule of
 1079  administration monitored by the Department of Corrections, if
 1080  the defendant is convicted of sexual battery as described in s.
 1081  794.011 and the defendant has a prior conviction of sexual
 1082  battery under s. 794.011.
 1083  
 1084  If the court sentences a defendant to be treated with
 1085  medroxyprogesterone acetate (MPA), the penalty may not be
 1086  imposed in lieu of, or reduce, any other penalty prescribed
 1087  under s. 794.011. However, in lieu of treatment with
 1088  medroxyprogesterone acetate (MPA), the court may order the
 1089  defendant to undergo physical castration upon written motion by
 1090  the defendant providing the defendant’s intelligent, knowing,
 1091  and voluntary consent to physical castration as an alternative
 1092  penalty.
 1093         Section 32. For the purpose of incorporating the amendment
 1094  made by this act to section 794.011, Florida Statutes, in a
 1095  reference thereto, paragraph (e) of subsection (2) of section
 1096  794.055, Florida Statutes, is reenacted to read:
 1097         794.055 Access to services for victims of sexual battery.—
 1098         (2) As used in this section, the term:
 1099         (e) “Sexual battery” has the same meaning as that term has
 1100  in the offenses provided in s. 794.011.
 1101         Section 33. For the purpose of incorporating the amendment
 1102  made by this act to section 794.011, Florida Statutes, in a
 1103  reference thereto, subsection (1) of section 794.056, Florida
 1104  Statutes, is reenacted to read:
 1105         794.056 Rape Crisis Program Trust Fund.—
 1106         (1) The Rape Crisis Program Trust Fund is created within
 1107  the Department of Health for the purpose of providing funds for
 1108  rape crisis centers in this state. Trust fund moneys shall be
 1109  used exclusively for the purpose of providing services for
 1110  victims of sexual assault. Funds credited to the trust fund
 1111  consist of those funds collected as an additional court
 1112  assessment in each case in which a defendant pleads guilty or
 1113  nolo contendere to, or is found guilty of, regardless of
 1114  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 1115  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 1116  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 1117  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 1118  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 1119  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 1120  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 1121  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 1122  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
 1123  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
 1124  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
 1125  fund also shall include revenues provided by law, moneys
 1126  appropriated by the Legislature, and grants from public or
 1127  private entities.
 1128         Section 34. For the purpose of incorporating the amendment
 1129  made by this act to section 794.011, Florida Statutes, in a
 1130  reference thereto, subsection (1) of section 856.022, Florida
 1131  Statutes, is reenacted to read:
 1132         856.022 Loitering or prowling by certain offenders in close
 1133  proximity to children; penalty.—
 1134         (1) Except as provided in subsection (2), this section
 1135  applies to a person convicted of committing, or attempting,
 1136  soliciting, or conspiring to commit, any of the criminal
 1137  offenses proscribed in the following statutes in this state or
 1138  similar offenses in another jurisdiction against a victim who
 1139  was under 18 years of age at the time of the offense: s. 787.01,
 1140  s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
 1141  787.06(3)(g); s. 794.011, excluding s. 794.011(10); s. 794.05;
 1142  former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s.
 1143  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
 1144  847.0137; s. 847.0138; s. 847.0145; s. 985.701(1); or any
 1145  similar offense committed in this state which has been
 1146  redesignated from a former statute number to one of those listed
 1147  in this subsection, if the person has not received a pardon for
 1148  any felony or similar law of another jurisdiction necessary for
 1149  the operation of this subsection and a conviction of a felony or
 1150  similar law of another jurisdiction necessary for the operation
 1151  of this subsection has not been set aside in any postconviction
 1152  proceeding.
 1153         Section 35. For the purpose of incorporating the amendment
 1154  made by this act to section 794.011, Florida Statutes, in a
 1155  reference thereto, section 914.16, Florida Statutes, is
 1156  reenacted to read:
 1157         914.16 Child abuse and sexual abuse of victims under age 16
 1158  or who have an intellectual disability; limits on interviews.
 1159  The chief judge of each judicial circuit, after consultation
 1160  with the state attorney and the public defender for the judicial
 1161  circuit, the appropriate chief law enforcement officer, and any
 1162  other person deemed appropriate by the chief judge, shall order
 1163  reasonable limits on the number of interviews which a victim of
 1164  a violation of s. 794.011, s. 800.04, s. 827.03, or s.
 1165  847.0135(5) who is under 16 years of age or a victim of a
 1166  violation of s. 794.011, s. 800.02, s. 800.03, or s. 825.102 who
 1167  has an intellectual disability as defined in s. 393.063 must
 1168  submit to for law enforcement or discovery purposes. To the
 1169  extent possible, the order must protect the victim from the
 1170  psychological damage of repeated interrogations while preserving
 1171  the rights of the public, the victim, and the person charged
 1172  with the violation.
 1173         Section 36. For the purpose of incorporating the amendment
 1174  made by this act to section 794.011, Florida Statutes, in a
 1175  reference thereto, paragraph (b) of subsection (1) of section
 1176  921.0024, Florida Statutes, is reenacted to read:
 1177         921.0024 Criminal Punishment Code; worksheet computations;
 1178  scoresheets.—
 1179         (1)
 1180         (b) WORKSHEET KEY:
 1181  
 1182  Legal status points are assessed when any form of legal status
 1183  existed at the time the offender committed an offense before the
 1184  court for sentencing. Four (4) sentence points are assessed for
 1185  an offender’s legal status.
 1186  
 1187  Community sanction violation points are assessed when a
 1188  community sanction violation is before the court for sentencing.
 1189  Six (6) sentence points are assessed for each community sanction
 1190  violation and each successive community sanction violation,
 1191  unless any of the following apply:
 1192         1. If the community sanction violation includes a new
 1193  felony conviction before the sentencing court, twelve (12)
 1194  community sanction violation points are assessed for the
 1195  violation, and for each successive community sanction violation
 1196  involving a new felony conviction.
 1197         2. If the community sanction violation is committed by a
 1198  violent felony offender of special concern as defined in s.
 1199  948.06:
 1200         a. Twelve (12) community sanction violation points are
 1201  assessed for the violation and for each successive violation of
 1202  felony probation or community control where:
 1203         I. The violation does not include a new felony conviction;
 1204  and
 1205         II. The community sanction violation is not based solely on
 1206  the probationer or offender’s failure to pay costs or fines or
 1207  make restitution payments.
 1208         b. Twenty-four (24) community sanction violation points are
 1209  assessed for the violation and for each successive violation of
 1210  felony probation or community control where the violation
 1211  includes a new felony conviction.
 1212  
 1213  Multiple counts of community sanction violations before the
 1214  sentencing court shall not be a basis for multiplying the
 1215  assessment of community sanction violation points.
 1216  
 1217  Prior serious felony points: If the offender has a primary
 1218  offense or any additional offense ranked in level 8, level 9, or
 1219  level 10, and one or more prior serious felonies, a single
 1220  assessment of thirty (30) points shall be added. For purposes of
 1221  this section, a prior serious felony is an offense in the
 1222  offender’s prior record that is ranked in level 8, level 9, or
 1223  level 10 under s. 921.0022 or s. 921.0023 and for which the
 1224  offender is serving a sentence of confinement, supervision, or
 1225  other sanction or for which the offender’s date of release from
 1226  confinement, supervision, or other sanction, whichever is later,
 1227  is within 3 years before the date the primary offense or any
 1228  additional offense was committed.
 1229  
 1230  Prior capital felony points: If the offender has one or more
 1231  prior capital felonies in the offender’s criminal record, points
 1232  shall be added to the subtotal sentence points of the offender
 1233  equal to twice the number of points the offender receives for
 1234  the primary offense and any additional offense. A prior capital
 1235  felony in the offender’s criminal record is a previous capital
 1236  felony offense for which the offender has entered a plea of nolo
 1237  contendere or guilty or has been found guilty; or a felony in
 1238  another jurisdiction which is a capital felony in that
 1239  jurisdiction, or would be a capital felony if the offense were
 1240  committed in this state.
 1241  
 1242  Possession of a firearm, semiautomatic firearm, or machine gun:
 1243  If the offender is convicted of committing or attempting to
 1244  commit any felony other than those enumerated in s. 775.087(2)
 1245  while having in his or her possession: a firearm as defined in
 1246  s. 790.001(6), an additional eighteen (18) sentence points are
 1247  assessed; or if the offender is convicted of committing or
 1248  attempting to commit any felony other than those enumerated in
 1249  s. 775.087(3) while having in his or her possession a
 1250  semiautomatic firearm as defined in s. 775.087(3) or a machine
 1251  gun as defined in s. 790.001(9), an additional twenty-five (25)
 1252  sentence points are assessed.
 1253  
 1254  Sentencing multipliers:
 1255  
 1256  Drug trafficking: If the primary offense is drug trafficking
 1257  under s. 893.135, the subtotal sentence points are multiplied,
 1258  at the discretion of the court, for a level 7 or level 8
 1259  offense, by 1.5. The state attorney may move the sentencing
 1260  court to reduce or suspend the sentence of a person convicted of
 1261  a level 7 or level 8 offense, if the offender provides
 1262  substantial assistance as described in s. 893.135(4).
 1263  
 1264  Law enforcement protection: If the primary offense is a
 1265  violation of the Law Enforcement Protection Act under s.
 1266  775.0823(2), (3), or (4), the subtotal sentence points are
 1267  multiplied by 2.5. If the primary offense is a violation of s.
 1268  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
 1269  are multiplied by 2.0. If the primary offense is a violation of
 1270  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
 1271  Protection Act under s. 775.0823(10) or (11), the subtotal
 1272  sentence points are multiplied by 1.5.
 1273  
 1274  Grand theft of a motor vehicle: If the primary offense is grand
 1275  theft of the third degree involving a motor vehicle and in the
 1276  offender’s prior record, there are three or more grand thefts of
 1277  the third degree involving a motor vehicle, the subtotal
 1278  sentence points are multiplied by 1.5.
 1279  
 1280  Offense related to a criminal gang: If the offender is convicted
 1281  of the primary offense and committed that offense for the
 1282  purpose of benefiting, promoting, or furthering the interests of
 1283  a criminal gang as defined in s. 874.03, the subtotal sentence
 1284  points are multiplied by 1.5. If applying the multiplier results
 1285  in the lowest permissible sentence exceeding the statutory
 1286  maximum sentence for the primary offense under chapter 775, the
 1287  court may not apply the multiplier and must sentence the
 1288  defendant to the statutory maximum sentence.
 1289  
 1290  Domestic violence in the presence of a child: If the offender is
 1291  convicted of the primary offense and the primary offense is a
 1292  crime of domestic violence, as defined in s. 741.28, which was
 1293  committed in the presence of a child under 16 years of age who
 1294  is a family or household member as defined in s. 741.28(3) with
 1295  the victim or perpetrator, the subtotal sentence points are
 1296  multiplied by 1.5.
 1297  
 1298  Adult-on-minor sex offense: If the offender was 18 years of age
 1299  or older and the victim was younger than 18 years of age at the
 1300  time the offender committed the primary offense, and if the
 1301  primary offense was an offense committed on or after October 1,
 1302  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
 1303  violation involved a victim who was a minor and, in the course
 1304  of committing that violation, the defendant committed a sexual
 1305  battery under chapter 794 or a lewd act under s. 800.04 or s.
 1306  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
 1307  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
 1308  800.04; or s. 847.0135(5), the subtotal sentence points are
 1309  multiplied by 2.0. If applying the multiplier results in the
 1310  lowest permissible sentence exceeding the statutory maximum
 1311  sentence for the primary offense under chapter 775, the court
 1312  may not apply the multiplier and must sentence the defendant to
 1313  the statutory maximum sentence.
 1314         Section 37. For the purpose of incorporating the amendment
 1315  made by this act to section 794.011, Florida Statutes, in
 1316  references thereto, subsections (1) and (3) of section 921.244,
 1317  Florida Statutes, are reenacted to read:
 1318         921.244 Order of no contact; penalties.—
 1319         (1) At the time of sentencing an offender convicted of a
 1320  violation of s. 794.011, s. 800.04, s. 847.0135(5), or any
 1321  offense in s. 775.084(1)(b)1.a.-o., the court shall order that
 1322  the offender be prohibited from having any contact with the
 1323  victim, directly or indirectly, including through a third
 1324  person, for the duration of the sentence imposed. The court may
 1325  reconsider the order upon the request of the victim if the
 1326  request is made at any time after the victim has attained 18
 1327  years of age. In considering the request, the court shall
 1328  conduct an evidentiary hearing to determine whether a change of
 1329  circumstances has occurred which warrants a change in the court
 1330  order prohibiting contact and whether it is in the best interest
 1331  of the victim that the court order be modified or rescinded.
 1332         (3) The punishment imposed under this section shall run
 1333  consecutive to any former sentence imposed for a conviction for
 1334  any offense under s. 794.011, s. 800.04, s. 847.0135(5), or any
 1335  offense in s. 775.084(1)(b)1.a.-o.
 1336         Section 38. For the purpose of incorporating the amendment
 1337  made by this act to section 794.011, Florida Statutes, in a
 1338  reference thereto, section 938.08, Florida Statutes, is
 1339  reenacted to read:
 1340         938.08 Additional cost to fund programs in domestic
 1341  violence.—In addition to any sanction imposed for a violation of
 1342  s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s.
 1343  784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
 1344  784.083, s. 784.085, s. 794.011, or for any offense of domestic
 1345  violence described in s. 741.28, the court shall impose a
 1346  surcharge of $201. Payment of the surcharge shall be a condition
 1347  of probation, community control, or any other court-ordered
 1348  supervision. The sum of $85 of the surcharge shall be deposited
 1349  into the Domestic Violence Trust Fund established in s. 741.01.
 1350  The clerk of the court shall retain $1 of each surcharge that
 1351  the clerk of the court collects as a service charge of the
 1352  clerk’s office. The remainder of the surcharge shall be provided
 1353  to the governing board of the county and must be used only to
 1354  defray the costs of incarcerating persons sentenced under s.
 1355  741.283 and provide additional training to law enforcement
 1356  personnel in combating domestic violence.
 1357         Section 39. For the purpose of incorporating the amendment
 1358  made by this act to section 794.011, Florida Statutes, in a
 1359  reference thereto, section 938.085, Florida Statutes, is
 1360  reenacted to read:
 1361         938.085 Additional cost to fund rape crisis centers.—In
 1362  addition to any sanction imposed when a person pleads guilty or
 1363  nolo contendere to, or is found guilty of, regardless of
 1364  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 1365  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 1366  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 1367  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 1368  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 1369  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 1370  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 1371  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 1372  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 1373  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 1374  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 1375  $151. Payment of the surcharge shall be a condition of
 1376  probation, community control, or any other court-ordered
 1377  supervision. The sum of $150 of the surcharge shall be deposited
 1378  into the Rape Crisis Program Trust Fund established within the
 1379  Department of Health by chapter 2003-140, Laws of Florida. The
 1380  clerk of the court shall retain $1 of each surcharge that the
 1381  clerk of the court collects as a service charge of the clerk’s
 1382  office.
 1383         Section 40. For the purpose of incorporating the amendment
 1384  made by this act to section 794.011, Florida Statutes, in
 1385  references thereto, paragraph (h) of subsection (1), paragraph
 1386  (a) of subsection (11), and paragraph (b) of subsection (14) of
 1387  section 943.0435, Florida Statutes, are reenacted to read:
 1388         943.0435 Sexual offenders required to register with the
 1389  department; penalty.—
 1390         (1) As used in this section, the term:
 1391         (h)1. “Sexual offender” means a person who meets the
 1392  criteria in sub-subparagraph a., sub-subparagraph b., sub
 1393  subparagraph c., or sub-subparagraph d., as follows:
 1394         a.(I) Has been convicted of committing, or attempting,
 1395  soliciting, or conspiring to commit, any of the criminal
 1396  offenses proscribed in the following statutes in this state or
 1397  similar offenses in another jurisdiction: s. 393.135(2); s.
 1398  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 1399  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
 1400  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
 1401  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
 1402  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 1403  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1404  s. 895.03, if the court makes a written finding that the
 1405  racketeering activity involved at least one sexual offense
 1406  listed in this sub-sub-subparagraph or at least one offense
 1407  listed in this sub-sub-subparagraph with sexual intent or
 1408  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
 1409  committed in this state which has been redesignated from a
 1410  former statute number to one of those listed in this sub-sub
 1411  subparagraph; and
 1412         (II) Has been released on or after October 1, 1997, from
 1413  the sanction imposed for any conviction of an offense described
 1414  in sub-sub-subparagraph (I). For purposes of sub-sub
 1415  subparagraph (I), a sanction imposed in this state or in any
 1416  other jurisdiction includes, but is not limited to, a fine,
 1417  probation, community control, parole, conditional release,
 1418  control release, or incarceration in a state prison, federal
 1419  prison, private correctional facility, or local detention
 1420  facility;
 1421         b. Establishes or maintains a residence in this state and
 1422  who has not been designated as a sexual predator by a court of
 1423  this state but who has been designated as a sexual predator, as
 1424  a sexually violent predator, or by another sexual offender
 1425  designation in another state or jurisdiction and was, as a
 1426  result of such designation, subjected to registration or
 1427  community or public notification, or both, or would be if the
 1428  person were a resident of that state or jurisdiction, without
 1429  regard to whether the person otherwise meets the criteria for
 1430  registration as a sexual offender;
 1431         c. Establishes or maintains a residence in this state who
 1432  is in the custody or control of, or under the supervision of,
 1433  any other state or jurisdiction as a result of a conviction for
 1434  committing, or attempting, soliciting, or conspiring to commit,
 1435  any of the criminal offenses proscribed in the following
 1436  statutes or similar offense in another jurisdiction: s.
 1437  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
 1438  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
 1439  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
 1440  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
 1441  s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
 1442  s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
 1443  s. 847.0145; s. 895.03, if the court makes a written finding
 1444  that the racketeering activity involved at least one sexual
 1445  offense listed in this sub-subparagraph or at least one offense
 1446  listed in this sub-subparagraph with sexual intent or motive; s.
 1447  916.1075(2); or s. 985.701(1); or any similar offense committed
 1448  in this state which has been redesignated from a former statute
 1449  number to one of those listed in this sub-subparagraph; or
 1450         d. On or after July 1, 2007, has been adjudicated
 1451  delinquent for committing, or attempting, soliciting, or
 1452  conspiring to commit, any of the criminal offenses proscribed in
 1453  the following statutes in this state or similar offenses in
 1454  another jurisdiction when the juvenile was 14 years of age or
 1455  older at the time of the offense:
 1456         (I) Section 794.011, excluding s. 794.011(10);
 1457         (II) Section 800.04(4)(a)2. where the victim is under 12
 1458  years of age or where the court finds sexual activity by the use
 1459  of force or coercion;
 1460         (III) Section 800.04(5)(c)1. where the court finds
 1461  molestation involving unclothed genitals;
 1462         (IV) Section 800.04(5)(d) where the court finds the use of
 1463  force or coercion and unclothed genitals; or
 1464         (V) Any similar offense committed in this state which has
 1465  been redesignated from a former statute number to one of those
 1466  listed in this sub-subparagraph.
 1467         2. For all qualifying offenses listed in sub-subparagraph
 1468  1.d., the court shall make a written finding of the age of the
 1469  offender at the time of the offense.
 1470  
 1471  For each violation of a qualifying offense listed in this
 1472  subsection, except for a violation of s. 794.011, the court
 1473  shall make a written finding of the age of the victim at the
 1474  time of the offense. For a violation of s. 800.04(4), the court
 1475  shall also make a written finding indicating whether the offense
 1476  involved sexual activity and indicating whether the offense
 1477  involved force or coercion. For a violation of s. 800.04(5), the
 1478  court shall also make a written finding that the offense did or
 1479  did not involve unclothed genitals or genital area and that the
 1480  offense did or did not involve the use of force or coercion.
 1481         (11) Except as provided in s. 943.04354, a sexual offender
 1482  shall maintain registration with the department for the duration
 1483  of his or her life unless the sexual offender has received a
 1484  full pardon or has had a conviction set aside in a
 1485  postconviction proceeding for any offense that meets the
 1486  criteria for classifying the person as a sexual offender for
 1487  purposes of registration. However, a sexual offender shall be
 1488  considered for removal of the requirement to register as a
 1489  sexual offender only if the person:
 1490         (a)1. Has been lawfully released from confinement,
 1491  supervision, or sanction, whichever is later, for at least 25
 1492  years and has not been arrested for any felony or misdemeanor
 1493  offense since release, provided that the sexual offender’s
 1494  requirement to register was not based upon an adult conviction:
 1495         a. For a violation of s. 787.01 or s. 787.02;
 1496         b. For a violation of s. 794.011, excluding s. 794.011(10);
 1497         c. For a violation of s. 800.04(4)(a)2. where the court
 1498  finds the offense involved a victim under 12 years of age or
 1499  sexual activity by the use of force or coercion;
 1500         d. For a violation of s. 800.04(5)(b);
 1501         e. For a violation of s. 800.04(5)(c)2. where the court
 1502  finds the offense involved the use of force or coercion and
 1503  unclothed genitals or genital area;
 1504         f. For a violation of s. 825.1025(2)(a);
 1505         g. For any attempt or conspiracy to commit any such
 1506  offense;
 1507         h. For a violation of similar law of another jurisdiction;
 1508  or
 1509         i. For a violation of a similar offense committed in this
 1510  state which has been redesignated from a former statute number
 1511  to one of those listed in this subparagraph.
 1512         2. If the sexual offender meets the criteria in
 1513  subparagraph 1., the sexual offender may, for the purpose of
 1514  removing the requirement for registration as a sexual offender,
 1515  petition the criminal division of the circuit court of the
 1516  circuit:
 1517         a. Where the conviction or adjudication occurred, for a
 1518  conviction in this state;
 1519         b. Where the sexual offender resides, for a conviction of a
 1520  violation of similar law of another jurisdiction; or
 1521         c. Where the sexual offender last resided, for a sexual
 1522  offender with a conviction of a violation of similar law of
 1523  another jurisdiction who no longer resides in this state.
 1524         3. The court may grant or deny relief if the offender
 1525  demonstrates to the court that he or she has not been arrested
 1526  for any crime since release; the requested relief complies with
 1527  the federal Adam Walsh Child Protection and Safety Act of 2006
 1528  and any other federal standards applicable to the removal of
 1529  registration requirements for a sexual offender or required to
 1530  be met as a condition for the receipt of federal funds by the
 1531  state; and the court is otherwise satisfied that the offender is
 1532  not a current or potential threat to public safety. The state
 1533  attorney in the circuit in which the petition is filed must be
 1534  given notice of the petition at least 3 weeks before the hearing
 1535  on the matter. The state attorney may present evidence in
 1536  opposition to the requested relief or may otherwise demonstrate
 1537  the reasons why the petition should be denied. If the court
 1538  denies the petition, the court may set a future date at which
 1539  the sexual offender may again petition the court for relief,
 1540  subject to the standards for relief provided in this subsection.
 1541         4. The department shall remove an offender from
 1542  classification as a sexual offender for purposes of registration
 1543  if the offender provides to the department a certified copy of
 1544  the court’s written findings or order that indicates that the
 1545  offender is no longer required to comply with the requirements
 1546  for registration as a sexual offender.
 1547         (14)
 1548         (b) However, a sexual offender who is required to register
 1549  as a result of a conviction for:
 1550         1. Section 787.01 or s. 787.02 where the victim is a minor;
 1551         2. Section 794.011, excluding s. 794.011(10);
 1552         3. Section 800.04(4)(a)2. where the court finds the offense
 1553  involved a victim under 12 years of age or sexual activity by
 1554  the use of force or coercion;
 1555         4. Section 800.04(5)(b);
 1556         5. Section 800.04(5)(c)1. where the court finds molestation
 1557  involving unclothed genitals or genital area;
 1558         6. Section 800.04(5)(c)2. where the court finds molestation
 1559  involving the use of force or coercion and unclothed genitals or
 1560  genital area;
 1561         7. Section 800.04(5)(d) where the court finds the use of
 1562  force or coercion and unclothed genitals or genital area;
 1563         8. Section 825.1025(2)(a);
 1564         9. Any attempt or conspiracy to commit such offense;
 1565         10. A violation of a similar law of another jurisdiction;
 1566  or
 1567         11. A violation of a similar offense committed in this
 1568  state which has been redesignated from a former statute number
 1569  to one of those listed in this paragraph,
 1570  
 1571  must reregister each year during the month of the sexual
 1572  offender’s birthday and every third month thereafter.
 1573         Section 41. For the purpose of incorporating the amendment
 1574  made by this act to section 794.011, Florida Statutes, in
 1575  references thereto, paragraph (a) of subsection (1) and
 1576  subsection (3) of section 943.04354, Florida Statutes, are
 1577  reenacted to read:
 1578         943.04354 Removal of the requirement to register as a
 1579  sexual offender or sexual predator in special circumstances.—
 1580         (1) For purposes of this section, a person shall be
 1581  considered for removal of the requirement to register as a
 1582  sexual offender or sexual predator only if the person:
 1583         (a) Was convicted, regardless of adjudication, or
 1584  adjudicated delinquent of a violation of s. 800.04, s. 827.071,
 1585  or s. 847.0135(5) or of a similar offense in another
 1586  jurisdiction and if the person does not have any other
 1587  conviction, regardless of adjudication, or adjudication of
 1588  delinquency for a violation of s. 794.011, s. 800.04, s.
 1589  827.071, or s. 847.0135(5) or for a similar offense in another
 1590  jurisdiction;
 1591         (3) If a person provides to the Department of Law
 1592  Enforcement a certified copy of the court’s order removing the
 1593  requirement that the person register as a sexual offender or
 1594  sexual predator for the violation of s. 794.011, s. 800.04, s.
 1595  827.071, or s. 847.0135(5), or a similar offense in another
 1596  jurisdiction, the registration requirement will not apply to the
 1597  person and the department shall remove all information about the
 1598  person from the public registry of sexual offenders and sexual
 1599  predators maintained by the department. However, the removal of
 1600  this information from the public registry does not mean that the
 1601  public is denied access to information about the person’s
 1602  criminal history or record that is otherwise available as a
 1603  public record.
 1604         Section 42. For the purpose of incorporating the amendment
 1605  made by this act to section 794.011, Florida Statutes, in a
 1606  reference thereto, subsection (3) of section 944.033, Florida
 1607  Statutes, is reenacted to read:
 1608         944.033 Community correctional centers; existence;
 1609  location; purpose; restriction.—
 1610         (3) No person convicted of sexual battery pursuant to s.
 1611  794.011 is eligible for placement in any community correctional
 1612  center.
 1613         Section 43. For the purpose of incorporating the amendment
 1614  made by this act to section 794.011, Florida Statutes, in a
 1615  reference thereto, subsection (4) of section 944.053, Florida
 1616  Statutes, is reenacted to read:
 1617         944.053 Forestry Work Camps.—
 1618         (4) Forestry Work Camps shall house minimum custody inmates
 1619  and medium custody inmates who are not serving a sentence for,
 1620  or who have not been previously convicted of, sexual battery
 1621  pursuant to s. 794.011.
 1622         Section 44. For the purpose of incorporating the amendment
 1623  made by this act to section 794.011, Florida Statutes, in a
 1624  reference thereto, paragraph (e) of subsection (4) of section
 1625  944.275, Florida Statutes, is reenacted to read:
 1626         944.275 Gain-time.—
 1627         (4)
 1628         (e) Notwithstanding subparagraph (b)3., for sentences
 1629  imposed for offenses committed on or after October 1, 2014, the
 1630  department may not grant incentive gain-time if the offense is a
 1631  violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s.
 1632  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
 1633  800.04; s. 825.1025; or s. 847.0135(5).
 1634         Section 45. For the purpose of incorporating the amendment
 1635  made by this act to section 794.011, Florida Statutes, in a
 1636  reference thereto, paragraph (f) of subsection (1) of section
 1637  944.606, Florida Statutes, is reenacted to read:
 1638         944.606 Sexual offenders; notification upon release.—
 1639         (1) As used in this section, the term:
 1640         (f) “Sexual offender” means a person who has been convicted
 1641  of committing, or attempting, soliciting, or conspiring to
 1642  commit, any of the criminal offenses proscribed in the following
 1643  statutes in this state or similar offenses in another
 1644  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 1645  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
 1646  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
 1647  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
 1648  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
 1649  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
 1650  847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
 1651  makes a written finding that the racketeering activity involved
 1652  at least one sexual offense listed in this paragraph or at least
 1653  one offense listed in this paragraph with sexual intent or
 1654  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
 1655  committed in this state which has been redesignated from a
 1656  former statute number to one of those listed in this subsection,
 1657  when the department has received verified information regarding
 1658  such conviction; an offender’s computerized criminal history
 1659  record is not, in and of itself, verified information.
 1660         Section 46. For the purpose of incorporating the amendment
 1661  made by this act to section 794.011, Florida Statutes, in a
 1662  reference thereto, paragraph (f) of subsection (1) of section
 1663  944.607, Florida Statutes, is reenacted to read:
 1664         944.607 Notification to Department of Law Enforcement of
 1665  information on sexual offenders.—
 1666         (1) As used in this section, the term:
 1667         (f) “Sexual offender” means a person who is in the custody
 1668  or control of, or under the supervision of, the department or is
 1669  in the custody of a private correctional facility:
 1670         1. On or after October 1, 1997, as a result of a conviction
 1671  for committing, or attempting, soliciting, or conspiring to
 1672  commit, any of the criminal offenses proscribed in the following
 1673  statutes in this state or similar offenses in another
 1674  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 1675  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
 1676  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
 1677  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
 1678  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
 1679  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
 1680  847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
 1681  makes a written finding that the racketeering activity involved
 1682  at least one sexual offense listed in this subparagraph or at
 1683  least one offense listed in this subparagraph with sexual intent
 1684  or motive; s. 916.1075(2); or s. 985.701(1); or any similar
 1685  offense committed in this state which has been redesignated from
 1686  a former statute number to one of those listed in this
 1687  paragraph; or
 1688         2. Who establishes or maintains a residence in this state
 1689  and who has not been designated as a sexual predator by a court
 1690  of this state but who has been designated as a sexual predator,
 1691  as a sexually violent predator, or by another sexual offender
 1692  designation in another state or jurisdiction and was, as a
 1693  result of such designation, subjected to registration or
 1694  community or public notification, or both, or would be if the
 1695  person were a resident of that state or jurisdiction, without
 1696  regard as to whether the person otherwise meets the criteria for
 1697  registration as a sexual offender.
 1698         Section 47. For the purpose of incorporating the amendment
 1699  made by this act to section 794.011, Florida Statutes, in a
 1700  reference thereto, subsection (3) of section 945.091, Florida
 1701  Statutes, is reenacted to read:
 1702         945.091 Extension of the limits of confinement; restitution
 1703  by employed inmates.—
 1704         (3) The department may adopt regulations as to the
 1705  eligibility of inmates for the extension of confinement, the
 1706  disbursement of any earnings of these inmates, or the entering
 1707  into of agreements between itself and any city or county or
 1708  federal agency for the housing of these inmates in a local place
 1709  of confinement. However, no person convicted of sexual battery
 1710  pursuant to s. 794.011 is eligible for any extension of the
 1711  limits of confinement under this section.
 1712         Section 48. For the purpose of incorporating the amendment
 1713  made by this act to section 794.011, Florida Statutes, in a
 1714  reference thereto, subsection (4) of section 946.40, Florida
 1715  Statutes, is reenacted to read:
 1716         946.40 Use of prisoners in public works.—
 1717         (4) No person convicted of sexual battery pursuant to s.
 1718  794.011 is eligible for any program under the provisions of this
 1719  section.
 1720         Section 49. For the purpose of incorporating the amendment
 1721  made by this act to section 794.011, Florida Statutes, in a
 1722  reference thereto, paragraph (a) of subsection (5) of section
 1723  948.012, Florida Statutes, is reenacted to read:
 1724         948.012 Split sentence of probation or community control
 1725  and imprisonment.—
 1726         (5)(a) Effective for offenses committed on or after October
 1727  1, 2014, if the court imposes a term of years in accordance with
 1728  s. 775.082 which is less than the maximum sentence for the
 1729  offense, the court must impose a split sentence pursuant to
 1730  subsection (1) for any person who is convicted of a violation
 1731  of:
 1732         1. Section 782.04(1)(a)2.c.;
 1733         2. Section 787.01(3)(a)2. or 3.;
 1734         3. Section 787.02(3)(a)2. or 3.;
 1735         4. Section 794.011, excluding s. 794.011(10);
 1736         5. Section 800.04;
 1737         6. Section 825.1025; or
 1738         7. Section 847.0135(5).
 1739         Section 50. For the purpose of incorporating the amendment
 1740  made by this act to section 794.011, Florida Statutes, in a
 1741  reference thereto, subsection (2) of section 948.03, Florida
 1742  Statutes, is reenacted to read:
 1743         948.03 Terms and conditions of probation.—
 1744         (2) The enumeration of specific kinds of terms and
 1745  conditions shall not prevent the court from adding thereto such
 1746  other or others as it considers proper. However, the sentencing
 1747  court may only impose a condition of supervision allowing an
 1748  offender convicted of s. 794.011, s. 800.04, s. 827.071, s.
 1749  847.0135(5), or s. 847.0145, to reside in another state, if the
 1750  order stipulates that it is contingent upon the approval of the
 1751  receiving state interstate compact authority. The court may
 1752  rescind or modify at any time the terms and conditions
 1753  theretofore imposed by it upon the probationer. However, if the
 1754  court withholds adjudication of guilt or imposes a period of
 1755  incarceration as a condition of probation, the period shall not
 1756  exceed 364 days, and incarceration shall be restricted to either
 1757  a county facility, a probation and restitution center under the
 1758  jurisdiction of the Department of Corrections, a probation
 1759  program drug punishment phase I secure residential treatment
 1760  institution, or a community residential facility owned or
 1761  operated by any entity providing such services.
 1762         Section 51. For the purpose of incorporating the amendment
 1763  made by this act to section 794.011, Florida Statutes, in a
 1764  reference thereto, paragraph (b) of subsection (1) of section
 1765  948.062, Florida Statutes, is reenacted to read:
 1766         948.062 Reviewing and reporting serious offenses committed
 1767  by offenders placed on probation or community control.—
 1768         (1) The department shall review the circumstances related
 1769  to an offender placed on probation or community control who has
 1770  been arrested while on supervision for the following offenses:
 1771         (b) Any sexual battery as provided in s. 794.011 or s.
 1772  794.023;
 1773         Section 52. For the purpose of incorporating the amendment
 1774  made by this act to section 794.011, Florida Statutes, in a
 1775  reference thereto, subsection (2) of section 948.101, Florida
 1776  Statutes, is reenacted to read:
 1777         948.101 Terms and conditions of community control.—
 1778         (2) The enumeration of specific kinds of terms and
 1779  conditions does not prevent the court from adding any other
 1780  terms or conditions that the court considers proper. However,
 1781  the sentencing court may only impose a condition of supervision
 1782  allowing an offender convicted of s. 794.011, s. 800.04, s.
 1783  827.071, s. 847.0135(5), or s. 847.0145 to reside in another
 1784  state if the order stipulates that it is contingent upon the
 1785  approval of the receiving state interstate compact authority.
 1786  The court may rescind or modify at any time the terms and
 1787  conditions theretofore imposed by it upon the offender in
 1788  community control. However, if the court withholds adjudication
 1789  of guilt or imposes a period of incarceration as a condition of
 1790  community control, the period may not exceed 364 days, and
 1791  incarceration shall be restricted to a county facility, a
 1792  probation and restitution center under the jurisdiction of the
 1793  Department of Corrections, a probation program drug punishment
 1794  phase I secure residential treatment institution, or a community
 1795  residential facility owned or operated by any entity providing
 1796  such services.
 1797         Section 53. For the purpose of incorporating the amendment
 1798  made by this act to section 794.011, Florida Statutes, in a
 1799  reference thereto, paragraph (c) of subsection (2) of section
 1800  951.24, Florida Statutes, is reenacted to read:
 1801         951.24 Extend the limits of confinement for county
 1802  prisoners.—
 1803         (2)
 1804         (c) No person convicted of sexual battery pursuant to s.
 1805  794.011 is eligible for any work-release program or any other
 1806  extension of the limits of confinement under this section.
 1807         Section 54. For the purpose of incorporating the amendment
 1808  made by this act to section 794.011, Florida Statutes, in a
 1809  reference thereto, subsection (2) of section 958.09, Florida
 1810  Statutes, is reenacted to read:
 1811         958.09 Extension of limits of confinement.—
 1812         (2) The department shall adopt rules as to the eligibility
 1813  of youthful offenders for such extension of confinement, the
 1814  disbursement of any earnings of youthful offenders, or the
 1815  entering into of agreements between the department and any
 1816  municipal, county, or federal agency for the housing of youthful
 1817  offenders in a local place of confinement. However, no youthful
 1818  offender convicted of sexual battery pursuant to s. 794.011 is
 1819  eligible for any extension of the limits of confinement under
 1820  this section.
 1821         Section 55. For the purpose of incorporating the amendment
 1822  made by this act to section 794.011, Florida Statutes, in a
 1823  reference thereto, subsection (1) of section 960.199, Florida
 1824  Statutes, is reenacted to read:
 1825         960.199 Relocation assistance for victims of sexual
 1826  battery.—
 1827         (1) The department may award a one-time payment of up to
 1828  $1,500 on any one claim and a lifetime maximum of $3,000 to a
 1829  victim of sexual battery, as defined in s. 794.011, who needs
 1830  relocation assistance.
 1831         Section 56. For the purpose of incorporating the amendment
 1832  made by this act to section 794.011, Florida Statutes, in a
 1833  reference thereto, paragraph (p) of subsection (1) of section
 1834  1012.315, Florida Statutes, is reenacted to read:
 1835         1012.315 Disqualification from employment.—A person is
 1836  ineligible for educator certification, and instructional
 1837  personnel and school administrators, as defined in s. 1012.01,
 1838  are ineligible for employment in any position that requires
 1839  direct contact with students in a district school system,
 1840  charter school, or private school that accepts scholarship
 1841  students under s. 1002.39 or s. 1002.395, if the person,
 1842  instructional personnel, or school administrator has been
 1843  convicted of:
 1844         (1) Any felony offense prohibited under any of the
 1845  following statutes:
 1846         (p) Section 794.011, relating to sexual battery.
 1847         Section 57. For the purpose of incorporating the amendment
 1848  made by this act to section 825.1025, Florida Statutes, in a
 1849  reference thereto, subsection (2) of section 435.04, Florida
 1850  Statutes, is reenacted to read:
 1851         435.04 Level 2 screening standards.—
 1852         (2) The security background investigations under this
 1853  section must ensure that no persons subject to the provisions of
 1854  this section have been arrested for and are awaiting final
 1855  disposition of, have been found guilty of, regardless of
 1856  adjudication, or entered a plea of nolo contendere or guilty to,
 1857  or have been adjudicated delinquent and the record has not been
 1858  sealed or expunged for, any offense prohibited under any of the
 1859  following provisions of state law or similar law of another
 1860  jurisdiction:
 1861         (a) Section 393.135, relating to sexual misconduct with
 1862  certain developmentally disabled clients and reporting of such
 1863  sexual misconduct.
 1864         (b) Section 394.4593, relating to sexual misconduct with
 1865  certain mental health patients and reporting of such sexual
 1866  misconduct.
 1867         (c) Section 415.111, relating to adult abuse, neglect, or
 1868  exploitation of aged persons or disabled adults.
 1869         (d) Section 777.04, relating to attempts, solicitation, and
 1870  conspiracy to commit an offense listed in this subsection.
 1871         (e) Section 782.04, relating to murder.
 1872         (f) Section 782.07, relating to manslaughter, aggravated
 1873  manslaughter of an elderly person or disabled adult, or
 1874  aggravated manslaughter of a child.
 1875         (g) Section 782.071, relating to vehicular homicide.
 1876         (h) Section 782.09, relating to killing of an unborn child
 1877  by injury to the mother.
 1878         (i) Chapter 784, relating to assault, battery, and culpable
 1879  negligence, if the offense was a felony.
 1880         (j) Section 784.011, relating to assault, if the victim of
 1881  the offense was a minor.
 1882         (k) Section 784.03, relating to battery, if the victim of
 1883  the offense was a minor.
 1884         (l) Section 787.01, relating to kidnapping.
 1885         (m) Section 787.02, relating to false imprisonment.
 1886         (n) Section 787.025, relating to luring or enticing a
 1887  child.
 1888         (o) Section 787.04(2), relating to taking, enticing, or
 1889  removing a child beyond the state limits with criminal intent
 1890  pending custody proceedings.
 1891         (p) Section 787.04(3), relating to carrying a child beyond
 1892  the state lines with criminal intent to avoid producing a child
 1893  at a custody hearing or delivering the child to the designated
 1894  person.
 1895         (q) Section 790.115(1), relating to exhibiting firearms or
 1896  weapons within 1,000 feet of a school.
 1897         (r) Section 790.115(2)(b), relating to possessing an
 1898  electric weapon or device, destructive device, or other weapon
 1899  on school property.
 1900         (s) Section 794.011, relating to sexual battery.
 1901         (t) Former s. 794.041, relating to prohibited acts of
 1902  persons in familial or custodial authority.
 1903         (u) Section 794.05, relating to unlawful sexual activity
 1904  with certain minors.
 1905         (v) Chapter 796, relating to prostitution.
 1906         (w) Section 798.02, relating to lewd and lascivious
 1907  behavior.
 1908         (x) Chapter 800, relating to lewdness and indecent
 1909  exposure.
 1910         (y) Section 806.01, relating to arson.
 1911         (z) Section 810.02, relating to burglary.
 1912         (aa) Section 810.14, relating to voyeurism, if the offense
 1913  is a felony.
 1914         (bb) Section 810.145, relating to video voyeurism, if the
 1915  offense is a felony.
 1916         (cc) Chapter 812, relating to theft, robbery, and related
 1917  crimes, if the offense is a felony.
 1918         (dd) Section 817.563, relating to fraudulent sale of
 1919  controlled substances, only if the offense was a felony.
 1920         (ee) Section 825.102, relating to abuse, aggravated abuse,
 1921  or neglect of an elderly person or disabled adult.
 1922         (ff) Section 825.1025, relating to lewd or lascivious
 1923  offenses committed upon or in the presence of an elderly person
 1924  or disabled adult.
 1925         (gg) Section 825.103, relating to exploitation of an
 1926  elderly person or disabled adult, if the offense was a felony.
 1927         (hh) Section 826.04, relating to incest.
 1928         (ii) Section 827.03, relating to child abuse, aggravated
 1929  child abuse, or neglect of a child.
 1930         (jj) Section 827.04, relating to contributing to the
 1931  delinquency or dependency of a child.
 1932         (kk) Former s. 827.05, relating to negligent treatment of
 1933  children.
 1934         (ll) Section 827.071, relating to sexual performance by a
 1935  child.
 1936         (mm) Section 843.01, relating to resisting arrest with
 1937  violence.
 1938         (nn) Section 843.025, relating to depriving a law
 1939  enforcement, correctional, or correctional probation officer
 1940  means of protection or communication.
 1941         (oo) Section 843.12, relating to aiding in an escape.
 1942         (pp) Section 843.13, relating to aiding in the escape of
 1943  juvenile inmates in correctional institutions.
 1944         (qq) Chapter 847, relating to obscene literature.
 1945         (rr) Section 874.05, relating to encouraging or recruiting
 1946  another to join a criminal gang.
 1947         (ss) Chapter 893, relating to drug abuse prevention and
 1948  control, only if the offense was a felony or if any other person
 1949  involved in the offense was a minor.
 1950         (tt) Section 916.1075, relating to sexual misconduct with
 1951  certain forensic clients and reporting of such sexual
 1952  misconduct.
 1953         (uu) Section 944.35(3), relating to inflicting cruel or
 1954  inhuman treatment on an inmate resulting in great bodily harm.
 1955         (vv) Section 944.40, relating to escape.
 1956         (ww) Section 944.46, relating to harboring, concealing, or
 1957  aiding an escaped prisoner.
 1958         (xx) Section 944.47, relating to introduction of contraband
 1959  into a correctional facility.
 1960         (yy) Section 985.701, relating to sexual misconduct in
 1961  juvenile justice programs.
 1962         (zz) Section 985.711, relating to contraband introduced
 1963  into detention facilities.
 1964         Section 58. For the purpose of incorporating the amendment
 1965  made by this act to section 825.1025, Florida Statutes, in
 1966  references thereto, subsections (15) and (16) of section 775.15,
 1967  Florida Statutes, are reenacted to read:
 1968         775.15 Time limitations; general time limitations;
 1969  exceptions.—
 1970         (15)(a) In addition to the time periods prescribed in this
 1971  section, a prosecution for any of the following offenses may be
 1972  commenced within 1 year after the date on which the identity of
 1973  the accused is established, or should have been established by
 1974  the exercise of due diligence, through the analysis of
 1975  deoxyribonucleic acid (DNA) evidence, if a sufficient portion of
 1976  the evidence collected at the time of the original investigation
 1977  and tested for DNA is preserved and available for testing by the
 1978  accused:
 1979         1. An offense of sexual battery under chapter 794.
 1980         2. A lewd or lascivious offense under s. 800.04 or s.
 1981  825.1025.
 1982         (b) This subsection applies to any offense that is not
 1983  otherwise barred from prosecution between July 1, 2004, and June
 1984  30, 2006.
 1985         (16)(a) In addition to the time periods prescribed in this
 1986  section, a prosecution for any of the following offenses may be
 1987  commenced at any time after the date on which the identity of
 1988  the accused is established, or should have been established by
 1989  the exercise of due diligence, through the analysis of
 1990  deoxyribonucleic acid (DNA) evidence, if a sufficient portion of
 1991  the evidence collected at the time of the original investigation
 1992  and tested for DNA is preserved and available for testing by the
 1993  accused:
 1994         1. Aggravated battery or any felony battery offense under
 1995  chapter 784.
 1996         2. Kidnapping under s. 787.01 or false imprisonment under
 1997  s. 787.02.
 1998         3. An offense of sexual battery under chapter 794.
 1999         4. A lewd or lascivious offense under s. 800.04, s.
 2000  825.1025, or s. 847.0135(5).
 2001         5. A burglary offense under s. 810.02.
 2002         6. A robbery offense under s. 812.13, s. 812.131, or s.
 2003  812.135.
 2004         7. Carjacking under s. 812.133.
 2005         8. Aggravated child abuse under s. 827.03.
 2006         (b) This subsection applies to any offense that is not
 2007  otherwise barred from prosecution on or after July 1, 2006.
 2008         Section 59. For the purpose of incorporating the amendment
 2009  made by this act to section 825.1025, Florida Statutes, in a
 2010  reference thereto, subsection (4) of section 775.21, Florida
 2011  Statutes, is reenacted to read:
 2012         775.21 The Florida Sexual Predators Act.—
 2013         (4) SEXUAL PREDATOR CRITERIA.—
 2014         (a) For a current offense committed on or after October 1,
 2015  1993, upon conviction, an offender shall be designated as a
 2016  “sexual predator” under subsection (5), and subject to
 2017  registration under subsection (6) and community and public
 2018  notification under subsection (7) if:
 2019         1. The felony is:
 2020         a. A capital, life, or first degree felony violation, or
 2021  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
 2022  is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a
 2023  violation of a similar law of another jurisdiction; or
 2024         b. Any felony violation, or any attempt thereof, of s.
 2025  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
 2026  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
 2027  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
 2028  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
 2029  s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s.
 2030  847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
 2031  the court makes a written finding that the racketeering activity
 2032  involved at least one sexual offense listed in this sub
 2033  subparagraph or at least one offense listed in this sub
 2034  subparagraph with sexual intent or motive; s. 916.1075(2); or s.
 2035  985.701(1); or a violation of a similar law of another
 2036  jurisdiction, and the offender has previously been convicted of
 2037  or found to have committed, or has pled nolo contendere or
 2038  guilty to, regardless of adjudication, any violation of s.
 2039  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
 2040  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
 2041  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
 2042  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
 2043  s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 2044  excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court
 2045  makes a written finding that the racketeering activity involved
 2046  at least one sexual offense listed in this sub-subparagraph or
 2047  at least one offense listed in this sub-subparagraph with sexual
 2048  intent or motive; s. 916.1075(2); or s. 985.701(1); or a
 2049  violation of a similar law of another jurisdiction;
 2050         2. The offender has not received a pardon for any felony or
 2051  similar law of another jurisdiction that is necessary for the
 2052  operation of this paragraph; and
 2053         3. A conviction of a felony or similar law of another
 2054  jurisdiction necessary to the operation of this paragraph has
 2055  not been set aside in any postconviction proceeding.
 2056         (b) In order to be counted as a prior felony for purposes
 2057  of this subsection, the felony must have resulted in a
 2058  conviction sentenced separately, or an adjudication of
 2059  delinquency entered separately, prior to the current offense and
 2060  sentenced or adjudicated separately from any other felony
 2061  conviction that is to be counted as a prior felony regardless of
 2062  the date of offense of the prior felony.
 2063         (c) If an offender has been registered as a sexual predator
 2064  by the Department of Corrections, the department, or any other
 2065  law enforcement agency and if:
 2066         1. The court did not, for whatever reason, make a written
 2067  finding at the time of sentencing that the offender was a sexual
 2068  predator; or
 2069         2. The offender was administratively registered as a sexual
 2070  predator because the Department of Corrections, the department,
 2071  or any other law enforcement agency obtained information that
 2072  indicated that the offender met the criteria for designation as
 2073  a sexual predator based on a violation of a similar law in
 2074  another jurisdiction,
 2075  
 2076  the department shall remove that offender from the department’s
 2077  list of sexual predators and, for an offender described under
 2078  subparagraph 1., shall notify the state attorney who prosecuted
 2079  the offense that met the criteria for administrative designation
 2080  as a sexual predator, and, for an offender described under this
 2081  paragraph, shall notify the state attorney of the county where
 2082  the offender establishes or maintains a permanent, temporary, or
 2083  transient residence. The state attorney shall bring the matter
 2084  to the court’s attention in order to establish that the offender
 2085  meets the criteria for designation as a sexual predator. If the
 2086  court makes a written finding that the offender is a sexual
 2087  predator, the offender must be designated as a sexual predator,
 2088  must register or be registered as a sexual predator with the
 2089  department as provided in subsection (6), and is subject to the
 2090  community and public notification as provided in subsection (7).
 2091  If the court does not make a written finding that the offender
 2092  is a sexual predator, the offender may not be designated as a
 2093  sexual predator with respect to that offense and is not required
 2094  to register or be registered as a sexual predator with the
 2095  department.
 2096         (d) An offender who has been determined to be a sexually
 2097  violent predator pursuant to a civil commitment proceeding under
 2098  chapter 394 shall be designated as a “sexual predator” under
 2099  subsection (5) and subject to registration under subsection (6)
 2100  and community and public notification under subsection (7).
 2101         Section 60. For the purpose of incorporating the amendment
 2102  made by this act to section 825.1025, Florida Statutes, in
 2103  references thereto, subsections (4) and (5) of section 794.011,
 2104  Florida Statutes, are reenacted to read:
 2105         794.011 Sexual battery.—
 2106         (4)(a) A person 18 years of age or older who commits sexual
 2107  battery upon a person 12 years of age or older but younger than
 2108  18 years of age without that person’s consent, under any of the
 2109  circumstances listed in paragraph (e), commits a felony of the
 2110  first degree, punishable by a term of years not exceeding life
 2111  or as provided in s. 775.082, s. 775.083, s. 775.084, or s.
 2112  794.0115.
 2113         (b) A person 18 years of age or older who commits sexual
 2114  battery upon a person 18 years of age or older without that
 2115  person’s consent, under any of the circumstances listed in
 2116  paragraph (e), commits a felony of the first degree, punishable
 2117  as provided in s. 775.082, s. 775.083, s. 775.084, or s.
 2118  794.0115.
 2119         (c) A person younger than 18 years of age who commits
 2120  sexual battery upon a person 12 years of age or older without
 2121  that person’s consent, under any of the circumstances listed in
 2122  paragraph (e), commits a felony of the first degree, punishable
 2123  as provided in s. 775.082, s. 775.083, s. 775.084, or s.
 2124  794.0115.
 2125         (d) A person commits a felony of the first degree,
 2126  punishable by a term of years not exceeding life or as provided
 2127  in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the
 2128  person commits sexual battery upon a person 12 years of age or
 2129  older without that person’s consent, under any of the
 2130  circumstances listed in paragraph (e), and such person was
 2131  previously convicted of a violation of:
 2132         1. Section 787.01(2) or s. 787.02(2) when the violation
 2133  involved a victim who was a minor and, in the course of
 2134  committing that violation, the defendant committed against the
 2135  minor a sexual battery under this chapter or a lewd act under s.
 2136  800.04 or s. 847.0135(5);
 2137         2. Section 787.01(3)(a)2. or 3.;
 2138         3. Section 787.02(3)(a)2. or 3.;
 2139         4. Section 800.04;
 2140         5. Section 825.1025;
 2141         6. Section 847.0135(5); or
 2142         7. This chapter, excluding subsection (10) of this section.
 2143         (e) The following circumstances apply to paragraphs (a)
 2144  (d):
 2145         1. The victim is physically helpless to resist.
 2146         2. The offender coerces the victim to submit by threatening
 2147  to use force or violence likely to cause serious personal injury
 2148  on the victim, and the victim reasonably believes that the
 2149  offender has the present ability to execute the threat.
 2150         3. The offender coerces the victim to submit by threatening
 2151  to retaliate against the victim, or any other person, and the
 2152  victim reasonably believes that the offender has the ability to
 2153  execute the threat in the future.
 2154         4. The offender, without the prior knowledge or consent of
 2155  the victim, administers or has knowledge of someone else
 2156  administering to the victim any narcotic, anesthetic, or other
 2157  intoxicating substance that mentally or physically incapacitates
 2158  the victim.
 2159         5. The victim is mentally defective, and the offender has
 2160  reason to believe this or has actual knowledge of this fact.
 2161         6. The victim is physically incapacitated.
 2162         7. The offender is a law enforcement officer, correctional
 2163  officer, or correctional probation officer as defined in s.
 2164  943.10(1), (2), (3), (6), (7), (8), or (9), who is certified
 2165  under s. 943.1395 or is an elected official exempt from such
 2166  certification by virtue of s. 943.253, or any other person in a
 2167  position of control or authority in a probation, community
 2168  control, controlled release, detention, custodial, or similar
 2169  setting, and such officer, official, or person is acting in such
 2170  a manner as to lead the victim to reasonably believe that the
 2171  offender is in a position of control or authority as an agent or
 2172  employee of government.
 2173         (5)(a) A person 18 years of age or older who commits sexual
 2174  battery upon a person 12 years of age or older but younger than
 2175  18 years of age, without that person’s consent, and in the
 2176  process does not use physical force and violence likely to cause
 2177  serious personal injury commits a felony of the first degree,
 2178  punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
 2179  s. 794.0115.
 2180         (b) A person 18 years of age or older who commits sexual
 2181  battery upon a person 18 years of age or older, without that
 2182  person’s consent, and in the process does not use physical force
 2183  and violence likely to cause serious personal injury commits a
 2184  felony of the second degree, punishable as provided in s.
 2185  775.082, s. 775.083, s. 775.084, or s. 794.0115.
 2186         (c) A person younger than 18 years of age who commits
 2187  sexual battery upon a person 12 years of age or older, without
 2188  that person’s consent, and in the process does not use physical
 2189  force and violence likely to cause serious personal injury
 2190  commits a felony of the second degree, punishable as provided in
 2191  s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
 2192         (d) A person commits a felony of the first degree,
 2193  punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
 2194  s. 794.0115 if the person commits sexual battery upon a person
 2195  12 years of age or older, without that person’s consent, and in
 2196  the process does not use physical force and violence likely to
 2197  cause serious personal injury and the person was previously
 2198  convicted of a violation of:
 2199         1. Section 787.01(2) or s. 787.02(2) when the violation
 2200  involved a victim who was a minor and, in the course of
 2201  committing that violation, the defendant committed against the
 2202  minor a sexual battery under this chapter or a lewd act under s.
 2203  800.04 or s. 847.0135(5);
 2204         2. Section 787.01(3)(a)2. or 3.;
 2205         3. Section 787.02(3)(a)2. or 3.;
 2206         4. Section 800.04;
 2207         5. Section 825.1025;
 2208         6. Section 847.0135(5); or
 2209         7. This chapter, excluding subsection (10) of this section.
 2210         Section 61. For the purpose of incorporating the amendment
 2211  made by this act to section 825.1025, Florida Statutes, in a
 2212  reference thereto, subsection (1) of section 794.056, Florida
 2213  Statutes, is reenacted to read:
 2214         794.056 Rape Crisis Program Trust Fund.—
 2215         (1) The Rape Crisis Program Trust Fund is created within
 2216  the Department of Health for the purpose of providing funds for
 2217  rape crisis centers in this state. Trust fund moneys shall be
 2218  used exclusively for the purpose of providing services for
 2219  victims of sexual assault. Funds credited to the trust fund
 2220  consist of those funds collected as an additional court
 2221  assessment in each case in which a defendant pleads guilty or
 2222  nolo contendere to, or is found guilty of, regardless of
 2223  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 2224  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 2225  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 2226  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 2227  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 2228  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 2229  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 2230  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 2231  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
 2232  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
 2233  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
 2234  fund also shall include revenues provided by law, moneys
 2235  appropriated by the Legislature, and grants from public or
 2236  private entities.
 2237         Section 62. For the purpose of incorporating the amendment
 2238  made by this act to section 825.1025, Florida Statutes, in
 2239  references thereto, subsections (4) and (5) of section 800.04,
 2240  Florida Statutes, are reenacted to read:
 2241         800.04 Lewd or lascivious offenses committed upon or in the
 2242  presence of persons less than 16 years of age.—
 2243         (4) LEWD OR LASCIVIOUS BATTERY.—
 2244         (a) A person commits lewd or lascivious battery by:
 2245         1. Engaging in sexual activity with a person 12 years of
 2246  age or older but less than 16 years of age; or
 2247         2. Encouraging, forcing, or enticing any person less than
 2248  16 years of age to engage in sadomasochistic abuse, sexual
 2249  bestiality, prostitution, or any other act involving sexual
 2250  activity.
 2251         (b) Except as provided in paragraph (c), an offender who
 2252  commits lewd or lascivious battery commits a felony of the
 2253  second degree, punishable as provided in s. 775.082, s. 775.083,
 2254  or s. 775.084.
 2255         (c) A person commits a felony of the first degree,
 2256  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
 2257  if the person is an offender 18 years of age or older who
 2258  commits lewd or lascivious battery and was previously convicted
 2259  of a violation of:
 2260         1. Section 787.01(2) or s. 787.02(2) when the violation
 2261  involved a victim who was a minor and, in the course of
 2262  committing that violation, the defendant committed against the
 2263  minor a sexual battery under chapter 794 or a lewd act under
 2264  this section or s. 847.0135(5);
 2265         2. Section 787.01(3)(a)2. or 3.;
 2266         3. Section 787.02(3)(a)2. or 3.;
 2267         4. Chapter 794, excluding s. 794.011(10);
 2268         5. Section 825.1025;
 2269         6. Section 847.0135(5); or
 2270         7. This section.
 2271         (5) LEWD OR LASCIVIOUS MOLESTATION.—
 2272         (a) A person who intentionally touches in a lewd or
 2273  lascivious manner the breasts, genitals, genital area, or
 2274  buttocks, or the clothing covering them, of a person less than
 2275  16 years of age, or forces or entices a person under 16 years of
 2276  age to so touch the perpetrator, commits lewd or lascivious
 2277  molestation.
 2278         (b) An offender 18 years of age or older who commits lewd
 2279  or lascivious molestation against a victim less than 12 years of
 2280  age commits a life felony, punishable as provided in s.
 2281  775.082(3)(a)4.
 2282         (c)1. An offender less than 18 years of age who commits
 2283  lewd or lascivious molestation against a victim less than 12
 2284  years of age; or
 2285         2. An offender 18 years of age or older who commits lewd or
 2286  lascivious molestation against a victim 12 years of age or older
 2287  but less than 16 years of age
 2288  
 2289  commits a felony of the second degree, punishable as provided in
 2290  s. 775.082, s. 775.083, or s. 775.084.
 2291         (d) An offender less than 18 years of age who commits lewd
 2292  or lascivious molestation against a victim 12 years of age or
 2293  older but less than 16 years of age commits a felony of the
 2294  third degree, punishable as provided in s. 775.082, s. 775.083,
 2295  or s. 775.084.
 2296         (e) A person commits a felony of the first degree,
 2297  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
 2298  if the person is 18 years of age or older and commits lewd or
 2299  lascivious molestation against a victim 12 years of age or older
 2300  but less than 16 years of age and the person was previously
 2301  convicted of a violation of:
 2302         1. Section 787.01(2) or s. 787.02(2) when the violation
 2303  involved a victim who was a minor and, in the course of
 2304  committing the violation, the defendant committed against the
 2305  minor a sexual battery under chapter 794 or a lewd act under
 2306  this section or s. 847.0135(5);
 2307         2. Section 787.01(3)(a)2. or 3.;
 2308         3. Section 787.02(3)(a)2. or 3.;
 2309         4. Chapter 794, excluding s. 794.011(10);
 2310         5. Section 825.1025;
 2311         6. Section 847.0135(5); or
 2312         7. This section.
 2313         Section 63. For the purpose of incorporating the amendment
 2314  made by this act to section 825.1025, Florida Statutes, in a
 2315  reference thereto, subsection (1) of section 856.022, Florida
 2316  Statutes, is reenacted to read:
 2317         856.022 Loitering or prowling by certain offenders in close
 2318  proximity to children; penalty.—
 2319         (1) Except as provided in subsection (2), this section
 2320  applies to a person convicted of committing, or attempting,
 2321  soliciting, or conspiring to commit, any of the criminal
 2322  offenses proscribed in the following statutes in this state or
 2323  similar offenses in another jurisdiction against a victim who
 2324  was under 18 years of age at the time of the offense: s. 787.01,
 2325  s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
 2326  787.06(3)(g); s. 794.011, excluding s. 794.011(10); s. 794.05;
 2327  former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s.
 2328  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
 2329  847.0137; s. 847.0138; s. 847.0145; s. 985.701(1); or any
 2330  similar offense committed in this state which has been
 2331  redesignated from a former statute number to one of those listed
 2332  in this subsection, if the person has not received a pardon for
 2333  any felony or similar law of another jurisdiction necessary for
 2334  the operation of this subsection and a conviction of a felony or
 2335  similar law of another jurisdiction necessary for the operation
 2336  of this subsection has not been set aside in any postconviction
 2337  proceeding.
 2338         Section 64. For the purpose of incorporating the amendment
 2339  made by this act to section 825.1025, Florida Statutes, in a
 2340  reference thereto, section 938.085, Florida Statutes, is
 2341  reenacted to read:
 2342         938.085 Additional cost to fund rape crisis centers.—In
 2343  addition to any sanction imposed when a person pleads guilty or
 2344  nolo contendere to, or is found guilty of, regardless of
 2345  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 2346  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 2347  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 2348  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 2349  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 2350  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 2351  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 2352  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 2353  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 2354  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 2355  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 2356  $151. Payment of the surcharge shall be a condition of
 2357  probation, community control, or any other court-ordered
 2358  supervision. The sum of $150 of the surcharge shall be deposited
 2359  into the Rape Crisis Program Trust Fund established within the
 2360  Department of Health by chapter 2003-140, Laws of Florida. The
 2361  clerk of the court shall retain $1 of each surcharge that the
 2362  clerk of the court collects as a service charge of the clerk’s
 2363  office.
 2364         Section 65. For the purpose of incorporating the amendment
 2365  made by this act to section 825.1025, Florida Statutes, in a
 2366  reference thereto, subsection (1) of section 943.0435, Florida
 2367  Statutes, is reenacted to read:
 2368         943.0435 Sexual offenders required to register with the
 2369  department; penalty.—
 2370         (1) As used in this section, the term:
 2371         (a) “Change in status at an institution of higher
 2372  education” has the same meaning as provided in s. 775.21.
 2373         (b) “Convicted” means that there has been a determination
 2374  of guilt as a result of a trial or the entry of a plea of guilty
 2375  or nolo contendere, regardless of whether adjudication is
 2376  withheld, and includes an adjudication of delinquency of a
 2377  juvenile as specified in this section. Conviction of a similar
 2378  offense includes, but is not limited to, a conviction by a
 2379  federal or military tribunal, including courts-martial conducted
 2380  by the Armed Forces of the United States, and includes a
 2381  conviction or entry of a plea of guilty or nolo contendere
 2382  resulting in a sanction in any state of the United States or
 2383  other jurisdiction. A sanction includes, but is not limited to,
 2384  a fine, probation, community control, parole, conditional
 2385  release, control release, or incarceration in a state prison,
 2386  federal prison, private correctional facility, or local
 2387  detention facility.
 2388         (c) “Electronic mail address” has the same meaning as
 2389  provided in s. 668.602.
 2390         (d) “Institution of higher education” has the same meaning
 2391  as provided in s. 775.21.
 2392         (e) “Internet identifier” has the same meaning as provided
 2393  in s. 775.21.
 2394         (f) “Permanent residence,” “temporary residence,” and
 2395  “transient residence” have the same meaning as provided in s.
 2396  775.21.
 2397         (g) “Professional license” has the same meaning as provided
 2398  in s. 775.21.
 2399         (h)1. “Sexual offender” means a person who meets the
 2400  criteria in sub-subparagraph a., sub-subparagraph b., sub
 2401  subparagraph c., or sub-subparagraph d., as follows:
 2402         a.(I) Has been convicted of committing, or attempting,
 2403  soliciting, or conspiring to commit, any of the criminal
 2404  offenses proscribed in the following statutes in this state or
 2405  similar offenses in another jurisdiction: s. 393.135(2); s.
 2406  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 2407  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
 2408  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
 2409  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
 2410  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 2411  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 2412  s. 895.03, if the court makes a written finding that the
 2413  racketeering activity involved at least one sexual offense
 2414  listed in this sub-sub-subparagraph or at least one offense
 2415  listed in this sub-sub-subparagraph with sexual intent or
 2416  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
 2417  committed in this state which has been redesignated from a
 2418  former statute number to one of those listed in this sub-sub
 2419  subparagraph; and
 2420         (II) Has been released on or after October 1, 1997, from
 2421  the sanction imposed for any conviction of an offense described
 2422  in sub-sub-subparagraph (I). For purposes of sub-sub
 2423  subparagraph (I), a sanction imposed in this state or in any
 2424  other jurisdiction includes, but is not limited to, a fine,
 2425  probation, community control, parole, conditional release,
 2426  control release, or incarceration in a state prison, federal
 2427  prison, private correctional facility, or local detention
 2428  facility;
 2429         b. Establishes or maintains a residence in this state and
 2430  who has not been designated as a sexual predator by a court of
 2431  this state but who has been designated as a sexual predator, as
 2432  a sexually violent predator, or by another sexual offender
 2433  designation in another state or jurisdiction and was, as a
 2434  result of such designation, subjected to registration or
 2435  community or public notification, or both, or would be if the
 2436  person were a resident of that state or jurisdiction, without
 2437  regard to whether the person otherwise meets the criteria for
 2438  registration as a sexual offender;
 2439         c. Establishes or maintains a residence in this state who
 2440  is in the custody or control of, or under the supervision of,
 2441  any other state or jurisdiction as a result of a conviction for
 2442  committing, or attempting, soliciting, or conspiring to commit,
 2443  any of the criminal offenses proscribed in the following
 2444  statutes or similar offense in another jurisdiction: s.
 2445  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
 2446  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
 2447  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
 2448  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
 2449  s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
 2450  s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
 2451  s. 847.0145; s. 895.03, if the court makes a written finding
 2452  that the racketeering activity involved at least one sexual
 2453  offense listed in this sub-subparagraph or at least one offense
 2454  listed in this sub-subparagraph with sexual intent or motive; s.
 2455  916.1075(2); or s. 985.701(1); or any similar offense committed
 2456  in this state which has been redesignated from a former statute
 2457  number to one of those listed in this sub-subparagraph; or
 2458         d. On or after July 1, 2007, has been adjudicated
 2459  delinquent for committing, or attempting, soliciting, or
 2460  conspiring to commit, any of the criminal offenses proscribed in
 2461  the following statutes in this state or similar offenses in
 2462  another jurisdiction when the juvenile was 14 years of age or
 2463  older at the time of the offense:
 2464         (I) Section 794.011, excluding s. 794.011(10);
 2465         (II) Section 800.04(4)(a)2. where the victim is under 12
 2466  years of age or where the court finds sexual activity by the use
 2467  of force or coercion;
 2468         (III) Section 800.04(5)(c)1. where the court finds
 2469  molestation involving unclothed genitals;
 2470         (IV) Section 800.04(5)(d) where the court finds the use of
 2471  force or coercion and unclothed genitals; or
 2472         (V) Any similar offense committed in this state which has
 2473  been redesignated from a former statute number to one of those
 2474  listed in this sub-subparagraph.
 2475         2. For all qualifying offenses listed in sub-subparagraph
 2476  1.d., the court shall make a written finding of the age of the
 2477  offender at the time of the offense.
 2478  
 2479  For each violation of a qualifying offense listed in this
 2480  subsection, except for a violation of s. 794.011, the court
 2481  shall make a written finding of the age of the victim at the
 2482  time of the offense. For a violation of s. 800.04(4), the court
 2483  shall also make a written finding indicating whether the offense
 2484  involved sexual activity and indicating whether the offense
 2485  involved force or coercion. For a violation of s. 800.04(5), the
 2486  court shall also make a written finding that the offense did or
 2487  did not involve unclothed genitals or genital area and that the
 2488  offense did or did not involve the use of force or coercion.
 2489         (i) “Vehicles owned” has the same meaning as provided in s.
 2490  775.21.
 2491         Section 66. For the purpose of incorporating the amendment
 2492  made by this act to section 825.1025, Florida Statutes, in a
 2493  reference thereto, section 943.0585, Florida Statutes, is
 2494  reenacted to read:
 2495         943.0585 Court-ordered expunction of criminal history
 2496  records.—The courts of this state have jurisdiction over their
 2497  own procedures, including the maintenance, expunction, and
 2498  correction of judicial records containing criminal history
 2499  information to the extent such procedures are not inconsistent
 2500  with the conditions, responsibilities, and duties established by
 2501  this section. Any court of competent jurisdiction may order a
 2502  criminal justice agency to expunge the criminal history record
 2503  of a minor or an adult who complies with the requirements of
 2504  this section. The court shall not order a criminal justice
 2505  agency to expunge a criminal history record until the person
 2506  seeking to expunge a criminal history record has applied for and
 2507  received a certificate of eligibility for expunction pursuant to
 2508  subsection (2) or subsection (5). A criminal history record that
 2509  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
 2510  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
 2511  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
 2512  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
 2513  s. 907.041, or any violation specified as a predicate offense
 2514  for registration as a sexual predator pursuant to s. 775.21,
 2515  without regard to whether that offense alone is sufficient to
 2516  require such registration, or for registration as a sexual
 2517  offender pursuant to s. 943.0435, may not be expunged, without
 2518  regard to whether adjudication was withheld, if the defendant
 2519  was found guilty of or pled guilty or nolo contendere to the
 2520  offense, or if the defendant, as a minor, was found to have
 2521  committed, or pled guilty or nolo contendere to committing, the
 2522  offense as a delinquent act. The court may only order expunction
 2523  of a criminal history record pertaining to one arrest or one
 2524  incident of alleged criminal activity, except as provided in
 2525  this section. The court may, at its sole discretion, order the
 2526  expunction of a criminal history record pertaining to more than
 2527  one arrest if the additional arrests directly relate to the
 2528  original arrest. If the court intends to order the expunction of
 2529  records pertaining to such additional arrests, such intent must
 2530  be specified in the order. A criminal justice agency may not
 2531  expunge any record pertaining to such additional arrests if the
 2532  order to expunge does not articulate the intention of the court
 2533  to expunge a record pertaining to more than one arrest. This
 2534  section does not prevent the court from ordering the expunction
 2535  of only a portion of a criminal history record pertaining to one
 2536  arrest or one incident of alleged criminal activity.
 2537  Notwithstanding any law to the contrary, a criminal justice
 2538  agency may comply with laws, court orders, and official requests
 2539  of other jurisdictions relating to expunction, correction, or
 2540  confidential handling of criminal history records or information
 2541  derived therefrom. This section does not confer any right to the
 2542  expunction of any criminal history record, and any request for
 2543  expunction of a criminal history record may be denied at the
 2544  sole discretion of the court.
 2545         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
 2546  petition to a court to expunge a criminal history record is
 2547  complete only when accompanied by:
 2548         (a) A valid certificate of eligibility for expunction
 2549  issued by the department pursuant to subsection (2).
 2550         (b) The petitioner’s sworn statement attesting that the
 2551  petitioner:
 2552         1. Has never, prior to the date on which the petition is
 2553  filed, been adjudicated guilty of a criminal offense or
 2554  comparable ordinance violation, or been adjudicated delinquent
 2555  for committing any felony or a misdemeanor specified in s.
 2556  943.051(3)(b).
 2557         2. Has not been adjudicated guilty of, or adjudicated
 2558  delinquent for committing, any of the acts stemming from the
 2559  arrest or alleged criminal activity to which the petition
 2560  pertains.
 2561         3. Has never secured a prior sealing or expunction of a
 2562  criminal history record under this section, s. 943.059, former
 2563  s. 893.14, former s. 901.33, or former s. 943.058, unless
 2564  expunction is sought of a criminal history record previously
 2565  sealed for 10 years pursuant to paragraph (2)(h) and the record
 2566  is otherwise eligible for expunction.
 2567         4. Is eligible for such an expunction to the best of his or
 2568  her knowledge or belief and does not have any other petition to
 2569  expunge or any petition to seal pending before any court.
 2570  
 2571  Any person who knowingly provides false information on such
 2572  sworn statement to the court commits a felony of the third
 2573  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2574  775.084.
 2575         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
 2576  petitioning the court to expunge a criminal history record, a
 2577  person seeking to expunge a criminal history record shall apply
 2578  to the department for a certificate of eligibility for
 2579  expunction. The department shall, by rule adopted pursuant to
 2580  chapter 120, establish procedures pertaining to the application
 2581  for and issuance of certificates of eligibility for expunction.
 2582  A certificate of eligibility for expunction is valid for 12
 2583  months after the date stamped on the certificate when issued by
 2584  the department. After that time, the petitioner must reapply to
 2585  the department for a new certificate of eligibility. Eligibility
 2586  for a renewed certification of eligibility must be based on the
 2587  status of the applicant and the law in effect at the time of the
 2588  renewal application. The department shall issue a certificate of
 2589  eligibility for expunction to a person who is the subject of a
 2590  criminal history record if that person:
 2591         (a) Has obtained, and submitted to the department, a
 2592  written, certified statement from the appropriate state attorney
 2593  or statewide prosecutor which indicates:
 2594         1. That an indictment, information, or other charging
 2595  document was not filed or issued in the case.
 2596         2. That an indictment, information, or other charging
 2597  document, if filed or issued in the case, was dismissed or nolle
 2598  prosequi by the state attorney or statewide prosecutor, or was
 2599  dismissed by a court of competent jurisdiction, and that none of
 2600  the charges related to the arrest or alleged criminal activity
 2601  to which the petition to expunge pertains resulted in a trial,
 2602  without regard to whether the outcome of the trial was other
 2603  than an adjudication of guilt.
 2604         3. That the criminal history record does not relate to a
 2605  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 2606  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
 2607  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
 2608  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
 2609  or any violation specified as a predicate offense for
 2610  registration as a sexual predator pursuant to s. 775.21, without
 2611  regard to whether that offense alone is sufficient to require
 2612  such registration, or for registration as a sexual offender
 2613  pursuant to s. 943.0435, where the defendant was found guilty
 2614  of, or pled guilty or nolo contendere to any such offense, or
 2615  that the defendant, as a minor, was found to have committed, or
 2616  pled guilty or nolo contendere to committing, such an offense as
 2617  a delinquent act, without regard to whether adjudication was
 2618  withheld.
 2619         (b) Remits a $75 processing fee to the department for
 2620  placement in the Department of Law Enforcement Operating Trust
 2621  Fund, unless such fee is waived by the executive director.
 2622         (c) Has submitted to the department a certified copy of the
 2623  disposition of the charge to which the petition to expunge
 2624  pertains.
 2625         (d) Has never, prior to the date on which the application
 2626  for a certificate of eligibility is filed, been adjudicated
 2627  guilty of a criminal offense or comparable ordinance violation,
 2628  or been adjudicated delinquent for committing any felony or a
 2629  misdemeanor specified in s. 943.051(3)(b).
 2630         (e) Has not been adjudicated guilty of, or adjudicated
 2631  delinquent for committing, any of the acts stemming from the
 2632  arrest or alleged criminal activity to which the petition to
 2633  expunge pertains.
 2634         (f) Has never secured a prior sealing or expunction of a
 2635  criminal history record under this section, s. 943.059, former
 2636  s. 893.14, former s. 901.33, or former s. 943.058, unless
 2637  expunction is sought of a criminal history record previously
 2638  sealed for 10 years pursuant to paragraph (h) and the record is
 2639  otherwise eligible for expunction.
 2640         (g) Is no longer under court supervision applicable to the
 2641  disposition of the arrest or alleged criminal activity to which
 2642  the petition to expunge pertains.
 2643         (h) Has previously obtained a court order sealing the
 2644  record under this section, former s. 893.14, former s. 901.33,
 2645  or former s. 943.058 for a minimum of 10 years because
 2646  adjudication was withheld or because all charges related to the
 2647  arrest or alleged criminal activity to which the petition to
 2648  expunge pertains were not dismissed prior to trial, without
 2649  regard to whether the outcome of the trial was other than an
 2650  adjudication of guilt. The requirement for the record to have
 2651  previously been sealed for a minimum of 10 years does not apply
 2652  when a plea was not entered or all charges related to the arrest
 2653  or alleged criminal activity to which the petition to expunge
 2654  pertains were dismissed prior to trial.
 2655         (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
 2656         (a) In judicial proceedings under this section, a copy of
 2657  the completed petition to expunge shall be served upon the
 2658  appropriate state attorney or the statewide prosecutor and upon
 2659  the arresting agency; however, it is not necessary to make any
 2660  agency other than the state a party. The appropriate state
 2661  attorney or the statewide prosecutor and the arresting agency
 2662  may respond to the court regarding the completed petition to
 2663  expunge.
 2664         (b) If relief is granted by the court, the clerk of the
 2665  court shall certify copies of the order to the appropriate state
 2666  attorney or the statewide prosecutor and the arresting agency.
 2667  The arresting agency is responsible for forwarding the order to
 2668  any other agency to which the arresting agency disseminated the
 2669  criminal history record information to which the order pertains.
 2670  The department shall forward the order to expunge to the Federal
 2671  Bureau of Investigation. The clerk of the court shall certify a
 2672  copy of the order to any other agency which the records of the
 2673  court reflect has received the criminal history record from the
 2674  court.
 2675         (c) For an order to expunge entered by a court prior to
 2676  July 1, 1992, the department shall notify the appropriate state
 2677  attorney or statewide prosecutor of an order to expunge which is
 2678  contrary to law because the person who is the subject of the
 2679  record has previously been convicted of a crime or comparable
 2680  ordinance violation or has had a prior criminal history record
 2681  sealed or expunged. Upon receipt of such notice, the appropriate
 2682  state attorney or statewide prosecutor shall take action, within
 2683  60 days, to correct the record and petition the court to void
 2684  the order to expunge. The department shall seal the record until
 2685  such time as the order is voided by the court.
 2686         (d) On or after July 1, 1992, the department or any other
 2687  criminal justice agency is not required to act on an order to
 2688  expunge entered by a court when such order does not comply with
 2689  the requirements of this section. Upon receipt of such an order,
 2690  the department must notify the issuing court, the appropriate
 2691  state attorney or statewide prosecutor, the petitioner or the
 2692  petitioner’s attorney, and the arresting agency of the reason
 2693  for noncompliance. The appropriate state attorney or statewide
 2694  prosecutor shall take action within 60 days to correct the
 2695  record and petition the court to void the order. No cause of
 2696  action, including contempt of court, shall arise against any
 2697  criminal justice agency for failure to comply with an order to
 2698  expunge when the petitioner for such order failed to obtain the
 2699  certificate of eligibility as required by this section or such
 2700  order does not otherwise comply with the requirements of this
 2701  section.
 2702         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
 2703  criminal history record of a minor or an adult which is ordered
 2704  expunged by a court of competent jurisdiction pursuant to this
 2705  section must be physically destroyed or obliterated by any
 2706  criminal justice agency having custody of such record; except
 2707  that any criminal history record in the custody of the
 2708  department must be retained in all cases. A criminal history
 2709  record ordered expunged that is retained by the department is
 2710  confidential and exempt from the provisions of s. 119.07(1) and
 2711  s. 24(a), Art. I of the State Constitution and not available to
 2712  any person or entity except upon order of a court of competent
 2713  jurisdiction. A criminal justice agency may retain a notation
 2714  indicating compliance with an order to expunge.
 2715         (a) The person who is the subject of a criminal history
 2716  record that is expunged under this section or under other
 2717  provisions of law, including former s. 893.14, former s. 901.33,
 2718  and former s. 943.058, may lawfully deny or fail to acknowledge
 2719  the arrests covered by the expunged record, except when the
 2720  subject of the record:
 2721         1. Is a candidate for employment with a criminal justice
 2722  agency;
 2723         2. Is a defendant in a criminal prosecution;
 2724         3. Concurrently or subsequently petitions for relief under
 2725  this section, s. 943.0583, or s. 943.059;
 2726         4. Is a candidate for admission to The Florida Bar;
 2727         5. Is seeking to be employed or licensed by or to contract
 2728  with the Department of Children and Families, the Division of
 2729  Vocational Rehabilitation within the Department of Education,
 2730  the Agency for Health Care Administration, the Agency for
 2731  Persons with Disabilities, the Department of Health, the
 2732  Department of Elderly Affairs, or the Department of Juvenile
 2733  Justice or to be employed or used by such contractor or licensee
 2734  in a sensitive position having direct contact with children, the
 2735  disabled, or the elderly;
 2736         6. Is seeking to be employed or licensed by the Department
 2737  of Education, any district school board, any university
 2738  laboratory school, any charter school, any private or parochial
 2739  school, or any local governmental entity that licenses child
 2740  care facilities;
 2741         7. Is seeking to be licensed by the Division of Insurance
 2742  Agent and Agency Services within the Department of Financial
 2743  Services; or
 2744         8. Is seeking to be appointed as a guardian pursuant to s.
 2745  744.3125.
 2746         (b) Subject to the exceptions in paragraph (a), a person
 2747  who has been granted an expunction under this section, former s.
 2748  893.14, former s. 901.33, or former s. 943.058 may not be held
 2749  under any provision of law of this state to commit perjury or to
 2750  be otherwise liable for giving a false statement by reason of
 2751  such person’s failure to recite or acknowledge an expunged
 2752  criminal history record.
 2753         (c) Information relating to the existence of an expunged
 2754  criminal history record which is provided in accordance with
 2755  paragraph (a) is confidential and exempt from the provisions of
 2756  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 2757  except that the department shall disclose the existence of a
 2758  criminal history record ordered expunged to the entities set
 2759  forth in subparagraphs (a)1., 4., 5., 6., 7., and 8. for their
 2760  respective licensing, access authorization, and employment
 2761  purposes, and to criminal justice agencies for their respective
 2762  criminal justice purposes. It is unlawful for any employee of an
 2763  entity set forth in subparagraph (a)1., subparagraph (a)4.,
 2764  subparagraph (a)5., subparagraph (a)6., subparagraph (a)7., or
 2765  subparagraph (a)8. to disclose information relating to the
 2766  existence of an expunged criminal history record of a person
 2767  seeking employment, access authorization, or licensure with such
 2768  entity or contractor, except to the person to whom the criminal
 2769  history record relates or to persons having direct
 2770  responsibility for employment, access authorization, or
 2771  licensure decisions. Any person who violates this paragraph
 2772  commits a misdemeanor of the first degree, punishable as
 2773  provided in s. 775.082 or s. 775.083.
 2774         (5) EXCEPTION FOR LAWFUL SELF-DEFENSE.—Notwithstanding the
 2775  eligibility requirements prescribed in paragraph (1)(b) and
 2776  subsection (2), the department shall issue a certificate of
 2777  eligibility for expunction under this subsection to a person who
 2778  is the subject of a criminal history record if that person:
 2779         (a) Has obtained, and submitted to the department, on a
 2780  form provided by the department, a written, certified statement
 2781  from the appropriate state attorney or statewide prosecutor
 2782  which states whether an information, indictment, or other
 2783  charging document was not filed or was dismissed by the state
 2784  attorney, or dismissed by the court, because it was found that
 2785  the person acted in lawful self-defense pursuant to the
 2786  provisions related to justifiable use of force in chapter 776.
 2787         (b) Each petition to a court to expunge a criminal history
 2788  record pursuant to this subsection is complete only when
 2789  accompanied by:
 2790         1. A valid certificate of eligibility for expunction issued
 2791  by the department pursuant to this subsection.
 2792         2. The petitioner’s sworn statement attesting that the
 2793  petitioner is eligible for such an expunction to the best of his
 2794  or her knowledge or belief.
 2795  
 2796  Any person who knowingly provides false information on such
 2797  sworn statement to the court commits a felony of the third
 2798  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2799  775.084.
 2800         (c) This subsection does not confer any right to the
 2801  expunction of a criminal history record, and any request for
 2802  expunction of a criminal history record may be denied at the
 2803  discretion of the court.
 2804         (d) Subsections (3) and (4) shall apply to expunction
 2805  ordered under this subsection.
 2806         (e) The department shall, by rule adopted pursuant to
 2807  chapter 120, establish procedures pertaining to the application
 2808  for and issuance of certificates of eligibility for expunction
 2809  under this subsection.
 2810         (6) STATUTORY REFERENCES.—Any reference to any other
 2811  chapter, section, or subdivision of the Florida Statutes in this
 2812  section constitutes a general reference under the doctrine of
 2813  incorporation by reference.
 2814         Section 67. For the purpose of incorporating the amendment
 2815  made by this act to section 825.1025, Florida Statutes, in a
 2816  reference thereto, section 943.059, Florida Statutes, is
 2817  reenacted to read:
 2818         943.059 Court-ordered sealing of criminal history records.
 2819  The courts of this state shall continue to have jurisdiction
 2820  over their own procedures, including the maintenance, sealing,
 2821  and correction of judicial records containing criminal history
 2822  information to the extent such procedures are not inconsistent
 2823  with the conditions, responsibilities, and duties established by
 2824  this section. Any court of competent jurisdiction may order a
 2825  criminal justice agency to seal the criminal history record of a
 2826  minor or an adult who complies with the requirements of this
 2827  section. The court shall not order a criminal justice agency to
 2828  seal a criminal history record until the person seeking to seal
 2829  a criminal history record has applied for and received a
 2830  certificate of eligibility for sealing pursuant to subsection
 2831  (2). A criminal history record that relates to a violation of s.
 2832  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
 2833  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
 2834  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
 2835  s. 916.1075, a violation enumerated in s. 907.041, or any
 2836  violation specified as a predicate offense for registration as a
 2837  sexual predator pursuant to s. 775.21, without regard to whether
 2838  that offense alone is sufficient to require such registration,
 2839  or for registration as a sexual offender pursuant to s.
 2840  943.0435, may not be sealed, without regard to whether
 2841  adjudication was withheld, if the defendant was found guilty of
 2842  or pled guilty or nolo contendere to the offense, or if the
 2843  defendant, as a minor, was found to have committed or pled
 2844  guilty or nolo contendere to committing the offense as a
 2845  delinquent act. The court may only order sealing of a criminal
 2846  history record pertaining to one arrest or one incident of
 2847  alleged criminal activity, except as provided in this section.
 2848  The court may, at its sole discretion, order the sealing of a
 2849  criminal history record pertaining to more than one arrest if
 2850  the additional arrests directly relate to the original arrest.
 2851  If the court intends to order the sealing of records pertaining
 2852  to such additional arrests, such intent must be specified in the
 2853  order. A criminal justice agency may not seal any record
 2854  pertaining to such additional arrests if the order to seal does
 2855  not articulate the intention of the court to seal records
 2856  pertaining to more than one arrest. This section does not
 2857  prevent the court from ordering the sealing of only a portion of
 2858  a criminal history record pertaining to one arrest or one
 2859  incident of alleged criminal activity. Notwithstanding any law
 2860  to the contrary, a criminal justice agency may comply with laws,
 2861  court orders, and official requests of other jurisdictions
 2862  relating to sealing, correction, or confidential handling of
 2863  criminal history records or information derived therefrom. This
 2864  section does not confer any right to the sealing of any criminal
 2865  history record, and any request for sealing a criminal history
 2866  record may be denied at the sole discretion of the court.
 2867         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
 2868  petition to a court to seal a criminal history record is
 2869  complete only when accompanied by:
 2870         (a) A valid certificate of eligibility for sealing issued
 2871  by the department pursuant to subsection (2).
 2872         (b) The petitioner’s sworn statement attesting that the
 2873  petitioner:
 2874         1. Has never, prior to the date on which the petition is
 2875  filed, been adjudicated guilty of a criminal offense or
 2876  comparable ordinance violation, or been adjudicated delinquent
 2877  for committing any felony or a misdemeanor specified in s.
 2878  943.051(3)(b).
 2879         2. Has not been adjudicated guilty of or adjudicated
 2880  delinquent for committing any of the acts stemming from the
 2881  arrest or alleged criminal activity to which the petition to
 2882  seal pertains.
 2883         3. Has never secured a prior sealing or expunction of a
 2884  criminal history record under this section, s. 943.0585, former
 2885  s. 893.14, former s. 901.33, or former s. 943.058.
 2886         4. Is eligible for such a sealing to the best of his or her
 2887  knowledge or belief and does not have any other petition to seal
 2888  or any petition to expunge pending before any court.
 2889  
 2890  Any person who knowingly provides false information on such
 2891  sworn statement to the court commits a felony of the third
 2892  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2893  775.084.
 2894         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
 2895  petitioning the court to seal a criminal history record, a
 2896  person seeking to seal a criminal history record shall apply to
 2897  the department for a certificate of eligibility for sealing. The
 2898  department shall, by rule adopted pursuant to chapter 120,
 2899  establish procedures pertaining to the application for and
 2900  issuance of certificates of eligibility for sealing. A
 2901  certificate of eligibility for sealing is valid for 12 months
 2902  after the date stamped on the certificate when issued by the
 2903  department. After that time, the petitioner must reapply to the
 2904  department for a new certificate of eligibility. Eligibility for
 2905  a renewed certification of eligibility must be based on the
 2906  status of the applicant and the law in effect at the time of the
 2907  renewal application. The department shall issue a certificate of
 2908  eligibility for sealing to a person who is the subject of a
 2909  criminal history record provided that such person:
 2910         (a) Has submitted to the department a certified copy of the
 2911  disposition of the charge to which the petition to seal
 2912  pertains.
 2913         (b) Remits a $75 processing fee to the department for
 2914  placement in the Department of Law Enforcement Operating Trust
 2915  Fund, unless such fee is waived by the executive director.
 2916         (c) Has never, prior to the date on which the application
 2917  for a certificate of eligibility is filed, been adjudicated
 2918  guilty of a criminal offense or comparable ordinance violation,
 2919  or been adjudicated delinquent for committing any felony or a
 2920  misdemeanor specified in s. 943.051(3)(b).
 2921         (d) Has not been adjudicated guilty of or adjudicated
 2922  delinquent for committing any of the acts stemming from the
 2923  arrest or alleged criminal activity to which the petition to
 2924  seal pertains.
 2925         (e) Has never secured a prior sealing or expunction of a
 2926  criminal history record under this section, s. 943.0585, former
 2927  s. 893.14, former s. 901.33, or former s. 943.058.
 2928         (f) Is no longer under court supervision applicable to the
 2929  disposition of the arrest or alleged criminal activity to which
 2930  the petition to seal pertains.
 2931         (3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
 2932         (a) In judicial proceedings under this section, a copy of
 2933  the completed petition to seal shall be served upon the
 2934  appropriate state attorney or the statewide prosecutor and upon
 2935  the arresting agency; however, it is not necessary to make any
 2936  agency other than the state a party. The appropriate state
 2937  attorney or the statewide prosecutor and the arresting agency
 2938  may respond to the court regarding the completed petition to
 2939  seal.
 2940         (b) If relief is granted by the court, the clerk of the
 2941  court shall certify copies of the order to the appropriate state
 2942  attorney or the statewide prosecutor and to the arresting
 2943  agency. The arresting agency is responsible for forwarding the
 2944  order to any other agency to which the arresting agency
 2945  disseminated the criminal history record information to which
 2946  the order pertains. The department shall forward the order to
 2947  seal to the Federal Bureau of Investigation. The clerk of the
 2948  court shall certify a copy of the order to any other agency
 2949  which the records of the court reflect has received the criminal
 2950  history record from the court.
 2951         (c) For an order to seal entered by a court prior to July
 2952  1, 1992, the department shall notify the appropriate state
 2953  attorney or statewide prosecutor of any order to seal which is
 2954  contrary to law because the person who is the subject of the
 2955  record has previously been convicted of a crime or comparable
 2956  ordinance violation or has had a prior criminal history record
 2957  sealed or expunged. Upon receipt of such notice, the appropriate
 2958  state attorney or statewide prosecutor shall take action, within
 2959  60 days, to correct the record and petition the court to void
 2960  the order to seal. The department shall seal the record until
 2961  such time as the order is voided by the court.
 2962         (d) On or after July 1, 1992, the department or any other
 2963  criminal justice agency is not required to act on an order to
 2964  seal entered by a court when such order does not comply with the
 2965  requirements of this section. Upon receipt of such an order, the
 2966  department must notify the issuing court, the appropriate state
 2967  attorney or statewide prosecutor, the petitioner or the
 2968  petitioner’s attorney, and the arresting agency of the reason
 2969  for noncompliance. The appropriate state attorney or statewide
 2970  prosecutor shall take action within 60 days to correct the
 2971  record and petition the court to void the order. No cause of
 2972  action, including contempt of court, shall arise against any
 2973  criminal justice agency for failure to comply with an order to
 2974  seal when the petitioner for such order failed to obtain the
 2975  certificate of eligibility as required by this section or when
 2976  such order does not comply with the requirements of this
 2977  section.
 2978         (e) An order sealing a criminal history record pursuant to
 2979  this section does not require that such record be surrendered to
 2980  the court, and such record shall continue to be maintained by
 2981  the department and other criminal justice agencies.
 2982         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
 2983  history record of a minor or an adult which is ordered sealed by
 2984  a court pursuant to this section is confidential and exempt from
 2985  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 2986  Constitution and is available only to the person who is the
 2987  subject of the record, to the subject’s attorney, to criminal
 2988  justice agencies for their respective criminal justice purposes,
 2989  which include conducting a criminal history background check for
 2990  approval of firearms purchases or transfers as authorized by
 2991  state or federal law, to judges in the state courts system for
 2992  the purpose of assisting them in their case-related
 2993  decisionmaking responsibilities, as set forth in s. 943.053(5),
 2994  or to those entities set forth in subparagraphs (a)1., 4., 5.,
 2995  6., 8., 9., and 10. for their respective licensing, access
 2996  authorization, and employment purposes.
 2997         (a) The subject of a criminal history record sealed under
 2998  this section or under other provisions of law, including former
 2999  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
 3000  deny or fail to acknowledge the arrests covered by the sealed
 3001  record, except when the subject of the record:
 3002         1. Is a candidate for employment with a criminal justice
 3003  agency;
 3004         2. Is a defendant in a criminal prosecution;
 3005         3. Concurrently or subsequently petitions for relief under
 3006  this section, s. 943.0583, or s. 943.0585;
 3007         4. Is a candidate for admission to The Florida Bar;
 3008         5. Is seeking to be employed or licensed by or to contract
 3009  with the Department of Children and Families, the Division of
 3010  Vocational Rehabilitation within the Department of Education,
 3011  the Agency for Health Care Administration, the Agency for
 3012  Persons with Disabilities, the Department of Health, the
 3013  Department of Elderly Affairs, or the Department of Juvenile
 3014  Justice or to be employed or used by such contractor or licensee
 3015  in a sensitive position having direct contact with children, the
 3016  disabled, or the elderly;
 3017         6. Is seeking to be employed or licensed by the Department
 3018  of Education, a district school board, a university laboratory
 3019  school, a charter school, a private or parochial school, or a
 3020  local governmental entity that licenses child care facilities;
 3021         7. Is attempting to purchase a firearm from a licensed
 3022  importer, licensed manufacturer, or licensed dealer and is
 3023  subject to a criminal history check under state or federal law;
 3024         8. Is seeking to be licensed by the Division of Insurance
 3025  Agent and Agency Services within the Department of Financial
 3026  Services;
 3027         9. Is seeking to be appointed as a guardian pursuant to s.
 3028  744.3125; or
 3029         10. Is seeking to be licensed by the Bureau of License
 3030  Issuance of the Division of Licensing within the Department of
 3031  Agriculture and Consumer Services to carry a concealed weapon or
 3032  concealed firearm. This subparagraph applies only in the
 3033  determination of an applicant’s eligibility under s. 790.06.
 3034         (b) Subject to the exceptions in paragraph (a), a person
 3035  who has been granted a sealing under this section, former s.
 3036  893.14, former s. 901.33, or former s. 943.058 may not be held
 3037  under any provision of law of this state to commit perjury or to
 3038  be otherwise liable for giving a false statement by reason of
 3039  such person’s failure to recite or acknowledge a sealed criminal
 3040  history record.
 3041         (c) Information relating to the existence of a sealed
 3042  criminal record provided in accordance with the provisions of
 3043  paragraph (a) is confidential and exempt from the provisions of
 3044  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 3045  except that the department shall disclose the sealed criminal
 3046  history record to the entities set forth in subparagraphs (a)1.,
 3047  4., 5., 6., 8., 9., and 10. for their respective licensing,
 3048  access authorization, and employment purposes. An employee of an
 3049  entity set forth in subparagraph (a)1., subparagraph (a)4.,
 3050  subparagraph (a)5., subparagraph (a)6., subparagraph (a)8.,
 3051  subparagraph (a)9., or subparagraph (a)10. may not disclose
 3052  information relating to the existence of a sealed criminal
 3053  history record of a person seeking employment, access
 3054  authorization, or licensure with such entity or contractor,
 3055  except to the person to whom the criminal history record relates
 3056  or to persons having direct responsibility for employment,
 3057  access authorization, or licensure decisions. A person who
 3058  violates the provisions of this paragraph commits a misdemeanor
 3059  of the first degree, punishable as provided in s. 775.082 or s.
 3060  775.083.
 3061         (5) STATUTORY REFERENCES.—Any reference to any other
 3062  chapter, section, or subdivision of the Florida Statutes in this
 3063  section constitutes a general reference under the doctrine of
 3064  incorporation by reference.
 3065         Section 68. For the purpose of incorporating the amendment
 3066  made by this act to section 825.1025, Florida Statutes, in a
 3067  reference thereto, subsection (4) of section 944.275, Florida
 3068  Statutes, is reenacted to read:
 3069         944.275 Gain-time.—
 3070         (4)(a) As a means of encouraging satisfactory behavior, the
 3071  department shall grant basic gain-time at the rate of 10 days
 3072  for each month of each sentence imposed on a prisoner, subject
 3073  to the following:
 3074         1. Portions of any sentences to be served concurrently
 3075  shall be treated as a single sentence when determining basic
 3076  gain-time.
 3077         2. Basic gain-time for a partial month shall be prorated on
 3078  the basis of a 30-day month.
 3079         3. When a prisoner receives a new maximum sentence
 3080  expiration date because of additional sentences imposed, basic
 3081  gain-time shall be granted for the amount of time the maximum
 3082  sentence expiration date was extended.
 3083         (b) For each month in which an inmate works diligently,
 3084  participates in training, uses time constructively, or otherwise
 3085  engages in positive activities, the department may grant
 3086  incentive gain-time in accordance with this paragraph. The rate
 3087  of incentive gain-time in effect on the date the inmate
 3088  committed the offense which resulted in his or her incarceration
 3089  shall be the inmate’s rate of eligibility to earn incentive
 3090  gain-time throughout the period of incarceration and shall not
 3091  be altered by a subsequent change in the severity level of the
 3092  offense for which the inmate was sentenced.
 3093         1. For sentences imposed for offenses committed prior to
 3094  January 1, 1994, up to 20 days of incentive gain-time may be
 3095  granted. If granted, such gain-time shall be credited and
 3096  applied monthly.
 3097         2. For sentences imposed for offenses committed on or after
 3098  January 1, 1994, and before October 1, 1995:
 3099         a. For offenses ranked in offense severity levels 1 through
 3100  7, under former s. 921.0012 or former s. 921.0013, up to 25 days
 3101  of incentive gain-time may be granted. If granted, such gain
 3102  time shall be credited and applied monthly.
 3103         b. For offenses ranked in offense severity levels 8, 9, and
 3104  10, under former s. 921.0012 or former s. 921.0013, up to 20
 3105  days of incentive gain-time may be granted. If granted, such
 3106  gain-time shall be credited and applied monthly.
 3107         3. For sentences imposed for offenses committed on or after
 3108  October 1, 1995, the department may grant up to 10 days per
 3109  month of incentive gain-time, except that no prisoner is
 3110  eligible to earn any type of gain-time in an amount that would
 3111  cause a sentence to expire, end, or terminate, or that would
 3112  result in a prisoner’s release, prior to serving a minimum of 85
 3113  percent of the sentence imposed. For purposes of this
 3114  subparagraph, credits awarded by the court for time physically
 3115  incarcerated shall be credited toward satisfaction of 85 percent
 3116  of the sentence imposed. Except as provided by this section, a
 3117  prisoner shall not accumulate further gain-time awards at any
 3118  point when the tentative release date is the same as that date
 3119  at which the prisoner will have served 85 percent of the
 3120  sentence imposed. State prisoners sentenced to life imprisonment
 3121  shall be incarcerated for the rest of their natural lives,
 3122  unless granted pardon or clemency.
 3123         (c) An inmate who performs some outstanding deed, such as
 3124  saving a life or assisting in recapturing an escaped inmate, or
 3125  who in some manner performs an outstanding service that would
 3126  merit the granting of additional deductions from the term of his
 3127  or her sentence may be granted meritorious gain-time of from 1
 3128  to 60 days.
 3129         (d) Notwithstanding subparagraphs (b)1. and 2., the
 3130  education program manager shall recommend, and the Department of
 3131  Corrections may grant, a one-time award of 60 additional days of
 3132  incentive gain-time to an inmate who is otherwise eligible and
 3133  who successfully completes requirements for and is awarded a
 3134  high school equivalency diploma or vocational certificate. Under
 3135  no circumstances may an inmate receive more than 60 days for
 3136  educational attainment pursuant to this section.
 3137         (e) Notwithstanding subparagraph (b)3., for sentences
 3138  imposed for offenses committed on or after October 1, 2014, the
 3139  department may not grant incentive gain-time if the offense is a
 3140  violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s.
 3141  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
 3142  800.04; s. 825.1025; or s. 847.0135(5).
 3143         Section 69. For the purpose of incorporating the amendment
 3144  made by this act to section 825.1025, Florida Statutes, in a
 3145  reference thereto, subsection (1) of section 944.606, Florida
 3146  Statutes, is reenacted to read:
 3147         944.606 Sexual offenders; notification upon release.—
 3148         (1) As used in this section, the term:
 3149         (a) “Convicted” means there has been a determination of
 3150  guilt as a result of a trial or the entry of a plea of guilty or
 3151  nolo contendere, regardless of whether adjudication is withheld.
 3152  A conviction for a similar offense includes, but is not limited
 3153  to, a conviction by a federal or military tribunal, including
 3154  courts-martial conducted by the Armed Forces of the United
 3155  States, and includes a conviction or entry of a plea of guilty
 3156  or nolo contendere resulting in a sanction in any state of the
 3157  United States or other jurisdiction. A sanction includes, but is
 3158  not limited to, a fine; probation; community control; parole;
 3159  conditional release; control release; or incarceration in a
 3160  state prison, federal prison, private correctional facility, or
 3161  local detention facility.
 3162         (b) “Electronic mail address” has the same meaning as
 3163  provided in s. 668.602.
 3164         (c) “Internet identifier” has the same meaning as provided
 3165  in s. 775.21.
 3166         (d) “Permanent residence,” “temporary residence,” and
 3167  “transient residence” have the same meaning as provided in s.
 3168  775.21.
 3169         (e) “Professional license” has the same meaning as provided
 3170  in s. 775.21.
 3171         (f) “Sexual offender” means a person who has been convicted
 3172  of committing, or attempting, soliciting, or conspiring to
 3173  commit, any of the criminal offenses proscribed in the following
 3174  statutes in this state or similar offenses in another
 3175  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 3176  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
 3177  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
 3178  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
 3179  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
 3180  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
 3181  847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
 3182  makes a written finding that the racketeering activity involved
 3183  at least one sexual offense listed in this paragraph or at least
 3184  one offense listed in this paragraph with sexual intent or
 3185  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
 3186  committed in this state which has been redesignated from a
 3187  former statute number to one of those listed in this subsection,
 3188  when the department has received verified information regarding
 3189  such conviction; an offender’s computerized criminal history
 3190  record is not, in and of itself, verified information.
 3191         Section 70. For the purpose of incorporating the amendment
 3192  made by this act to section 825.1025, Florida Statutes, in a
 3193  reference thereto, subsection (1) of section 944.607, Florida
 3194  Statutes, is reenacted to read:
 3195         944.607 Notification to Department of Law Enforcement of
 3196  information on sexual offenders.—
 3197         (1) As used in this section, the term:
 3198         (a) “Change in status at an institution of higher
 3199  education” has the same meaning as provided in s. 775.21.
 3200         (b) “Conviction” means a determination of guilt which is
 3201  the result of a trial or the entry of a plea of guilty or nolo
 3202  contendere, regardless of whether adjudication is withheld.
 3203  Conviction of a similar offense includes, but is not limited to,
 3204  a conviction by a federal or military tribunal, including
 3205  courts-martial conducted by the Armed Forces of the United
 3206  States, and includes a conviction or entry of a plea of guilty
 3207  or nolo contendere resulting in a sanction in any state of the
 3208  United States or other jurisdiction. A sanction includes, but is
 3209  not limited to, a fine; probation; community control; parole;
 3210  conditional release; control release; or incarceration in a
 3211  state prison, federal prison, private correctional facility, or
 3212  local detention facility.
 3213         (c) “Electronic mail address” has the same meaning as
 3214  provided in s. 668.602.
 3215         (d) “Institution of higher education” has the same meaning
 3216  as provided in s. 775.21.
 3217         (e) “Internet identifier” has the same meaning as provided
 3218  in s. 775.21.
 3219         (f) “Sexual offender” means a person who is in the custody
 3220  or control of, or under the supervision of, the department or is
 3221  in the custody of a private correctional facility:
 3222         1. On or after October 1, 1997, as a result of a conviction
 3223  for committing, or attempting, soliciting, or conspiring to
 3224  commit, any of the criminal offenses proscribed in the following
 3225  statutes in this state or similar offenses in another
 3226  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 3227  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
 3228  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
 3229  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
 3230  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
 3231  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
 3232  847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
 3233  makes a written finding that the racketeering activity involved
 3234  at least one sexual offense listed in this subparagraph or at
 3235  least one offense listed in this subparagraph with sexual intent
 3236  or motive; s. 916.1075(2); or s. 985.701(1); or any similar
 3237  offense committed in this state which has been redesignated from
 3238  a former statute number to one of those listed in this
 3239  paragraph; or
 3240         2. Who establishes or maintains a residence in this state
 3241  and who has not been designated as a sexual predator by a court
 3242  of this state but who has been designated as a sexual predator,
 3243  as a sexually violent predator, or by another sexual offender
 3244  designation in another state or jurisdiction and was, as a
 3245  result of such designation, subjected to registration or
 3246  community or public notification, or both, or would be if the
 3247  person were a resident of that state or jurisdiction, without
 3248  regard as to whether the person otherwise meets the criteria for
 3249  registration as a sexual offender.
 3250         (g) “Vehicles owned” has the same meaning as provided in s.
 3251  775.21.
 3252         Section 71. For the purpose of incorporating the amendment
 3253  made by this act to section 825.1025, Florida Statutes, in a
 3254  reference thereto, subsection (5) of section 948.012, Florida
 3255  Statutes, is reenacted to read:
 3256         948.012 Split sentence of probation or community control
 3257  and imprisonment.—
 3258         (5)(a) Effective for offenses committed on or after October
 3259  1, 2014, if the court imposes a term of years in accordance with
 3260  s. 775.082 which is less than the maximum sentence for the
 3261  offense, the court must impose a split sentence pursuant to
 3262  subsection (1) for any person who is convicted of a violation
 3263  of:
 3264         1. Section 782.04(1)(a)2.c.;
 3265         2. Section 787.01(3)(a)2. or 3.;
 3266         3. Section 787.02(3)(a)2. or 3.;
 3267         4. Section 794.011, excluding s. 794.011(10);
 3268         5. Section 800.04;
 3269         6. Section 825.1025; or
 3270         7. Section 847.0135(5).
 3271         (b) The probation or community control portion of the split
 3272  sentence imposed by the court must extend for at least 2 years.
 3273  However, if the term of years imposed by the court extends to
 3274  within 2 years of the maximum sentence for the offense, the
 3275  probation or community control portion of the split sentence
 3276  must extend for the remainder of the maximum sentence.
 3277         Section 72. For the purpose of incorporating the amendment
 3278  made by this act to section 825.1025, Florida Statutes, in a
 3279  reference thereto, subsection (8) of section 948.06, Florida
 3280  Statutes, is reenacted to read:
 3281         948.06 Violation of probation or community control;
 3282  revocation; modification; continuance; failure to pay
 3283  restitution or cost of supervision.—
 3284         (8)(a) In addition to complying with the provisions of
 3285  subsections (1)-(7), this subsection provides further
 3286  requirements regarding a probationer or offender in community
 3287  control who is a violent felony offender of special concern. The
 3288  provisions of this subsection shall control over any conflicting
 3289  provisions in subsections (1)-(7). For purposes of this
 3290  subsection, the term “convicted” means a determination of guilt
 3291  which is the result of a trial or the entry of a plea of guilty
 3292  or nolo contendere, regardless of whether adjudication is
 3293  withheld.
 3294         (b) For purposes of this section and ss. 903.0351, 948.064,
 3295  and 921.0024, the term “violent felony offender of special
 3296  concern” means a person who is on:
 3297         1. Felony probation or community control related to the
 3298  commission of a qualifying offense committed on or after the
 3299  effective date of this act;
 3300         2. Felony probation or community control for any offense
 3301  committed on or after the effective date of this act, and has
 3302  previously been convicted of a qualifying offense;
 3303         3. Felony probation or community control for any offense
 3304  committed on or after the effective date of this act, and is
 3305  found to have violated that probation or community control by
 3306  committing a qualifying offense;
 3307         4. Felony probation or community control and has previously
 3308  been found by a court to be a habitual violent felony offender
 3309  as defined in s. 775.084(1)(b) and has committed a qualifying
 3310  offense on or after the effective date of this act;
 3311         5. Felony probation or community control and has previously
 3312  been found by a court to be a three-time violent felony offender
 3313  as defined in s. 775.084(1)(c) and has committed a qualifying
 3314  offense on or after the effective date of this act; or
 3315         6. Felony probation or community control and has previously
 3316  been found by a court to be a sexual predator under s. 775.21
 3317  and has committed a qualifying offense on or after the effective
 3318  date of this act.
 3319         (c) For purposes of this section, the term “qualifying
 3320  offense” means any of the following:
 3321         1. Kidnapping or attempted kidnapping under s. 787.01,
 3322  false imprisonment of a child under the age of 13 under s.
 3323  787.02(3), or luring or enticing a child under s. 787.025(2)(b)
 3324  or (c).
 3325         2. Murder or attempted murder under s. 782.04, attempted
 3326  felony murder under s. 782.051, or manslaughter under s. 782.07.
 3327         3. Aggravated battery or attempted aggravated battery under
 3328  s. 784.045.
 3329         4. Sexual battery or attempted sexual battery under s.
 3330  794.011(2), (3), (4), or (8)(b) or (c).
 3331         5. Lewd or lascivious battery or attempted lewd or
 3332  lascivious battery under s. 800.04(4), lewd or lascivious
 3333  molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
 3334  conduct under s. 800.04(6)(b), lewd or lascivious exhibition
 3335  under s. 800.04(7)(b), or lewd or lascivious exhibition on
 3336  computer under s. 847.0135(5)(b).
 3337         6. Robbery or attempted robbery under s. 812.13, carjacking
 3338  or attempted carjacking under s. 812.133, or home invasion
 3339  robbery or attempted home invasion robbery under s. 812.135.
 3340         7. Lewd or lascivious offense upon or in the presence of an
 3341  elderly or disabled person or attempted lewd or lascivious
 3342  offense upon or in the presence of an elderly or disabled person
 3343  under s. 825.1025.
 3344         8. Sexual performance by a child or attempted sexual
 3345  performance by a child under s. 827.071.
 3346         9. Computer pornography under s. 847.0135(2) or (3),
 3347  transmission of child pornography under s. 847.0137, or selling
 3348  or buying of minors under s. 847.0145.
 3349         10. Poisoning food or water under s. 859.01.
 3350         11. Abuse of a dead human body under s. 872.06.
 3351         12. Any burglary offense or attempted burglary offense that
 3352  is either a first degree felony or second degree felony under s.
 3353  810.02(2) or (3).
 3354         13. Arson or attempted arson under s. 806.01(1).
 3355         14. Aggravated assault under s. 784.021.
 3356         15. Aggravated stalking under s. 784.048(3), (4), (5), or
 3357  (7).
 3358         16. Aircraft piracy under s. 860.16.
 3359         17. Unlawful throwing, placing, or discharging of a
 3360  destructive device or bomb under s. 790.161(2), (3), or (4).
 3361         18. Treason under s. 876.32.
 3362         19. Any offense committed in another jurisdiction which
 3363  would be an offense listed in this paragraph if that offense had
 3364  been committed in this state.
 3365         (d) In the case of an alleged violation of probation or
 3366  community control other than a failure to pay costs, fines, or
 3367  restitution, the following individuals shall remain in custody
 3368  pending the resolution of the probation or community control
 3369  violation:
 3370         1. A violent felony offender of special concern, as defined
 3371  in this section;
 3372         2. A person who is on felony probation or community control
 3373  for any offense committed on or after the effective date of this
 3374  act and who is arrested for a qualifying offense as defined in
 3375  this section; or
 3376         3. A person who is on felony probation or community control
 3377  and has previously been found by a court to be a habitual
 3378  violent felony offender as defined in s. 775.084(1)(b), a three
 3379  time violent felony offender as defined in s. 775.084(1)(c), or
 3380  a sexual predator under s. 775.21, and who is arrested for
 3381  committing a qualifying offense as defined in this section on or
 3382  after the effective date of this act.
 3383  
 3384  The court shall not dismiss the probation or community control
 3385  violation warrant pending against an offender enumerated in this
 3386  paragraph without holding a recorded violation-of-probation
 3387  hearing at which both the state and the offender are
 3388  represented.
 3389         (e) If the court, after conducting the hearing required by
 3390  paragraph (d), determines that a violent felony offender of
 3391  special concern has committed a violation of probation or
 3392  community control other than a failure to pay costs, fines, or
 3393  restitution, the court shall:
 3394         1. Make written findings as to whether or not the violent
 3395  felony offender of special concern poses a danger to the
 3396  community. In determining the danger to the community posed by
 3397  the offender’s release, the court shall base its findings on one
 3398  or more of the following:
 3399         a. The nature and circumstances of the violation and any
 3400  new offenses charged.
 3401         b. The offender’s present conduct, including criminal
 3402  convictions.
 3403         c. The offender’s amenability to nonincarcerative sanctions
 3404  based on his or her history and conduct during the probation or
 3405  community control supervision from which the violation hearing
 3406  arises and any other previous supervisions, including
 3407  disciplinary records of previous incarcerations.
 3408         d. The weight of the evidence against the offender.
 3409         e. Any other facts the court considers relevant.
 3410         2. Decide whether to revoke the probation or community
 3411  control.
 3412         a. If the court has found that a violent felony offender of
 3413  special concern poses a danger to the community, the court shall
 3414  revoke probation and shall sentence the offender up to the
 3415  statutory maximum, or longer if permitted by law.
 3416         b. If the court has found that a violent felony offender of
 3417  special concern does not pose a danger to the community, the
 3418  court may revoke, modify, or continue the probation or community
 3419  control or may place the probationer into community control as
 3420  provided in this section.
 3421         Section 73. For the purpose of incorporating the amendment
 3422  made by this act to section 825.1025, Florida Statutes, in
 3423  references thereto, subsections (2) and (3) of section 960.003,
 3424  Florida Statutes, are reenacted to read:
 3425         960.003 Hepatitis and HIV testing for persons charged with
 3426  or alleged by petition for delinquency to have committed certain
 3427  offenses; disclosure of results to victims.—
 3428         (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
 3429  FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.—
 3430         (a) In any case in which a person has been charged by
 3431  information or indictment with or alleged by petition for
 3432  delinquency to have committed any offense enumerated in s.
 3433  775.0877(1)(a)-(n), which involves the transmission of body
 3434  fluids from one person to another, upon request of the victim or
 3435  the victim’s legal guardian, or of the parent or legal guardian
 3436  of the victim if the victim is a minor, the court shall order
 3437  such person to undergo hepatitis and HIV testing within 48 hours
 3438  after the information, indictment, or petition for delinquency
 3439  is filed. In the event the victim or, if the victim is a minor,
 3440  the victim’s parent or legal guardian requests hepatitis and HIV
 3441  testing after 48 hours have elapsed from the filing of the
 3442  indictment, information, or petition for delinquency, the
 3443  testing shall be done within 48 hours after the request.
 3444         (b) However, when a victim of any sexual offense enumerated
 3445  in s. 775.0877(1)(a)-(n) is under the age of 18 at the time the
 3446  offense was committed or when a victim of any sexual offense
 3447  enumerated in s. 775.0877(1)(a)-(n) or s. 825.1025 is a disabled
 3448  adult or elderly person as defined in s. 825.1025 regardless of
 3449  whether the offense involves the transmission of bodily fluids
 3450  from one person to another, then upon the request of the victim
 3451  or the victim’s legal guardian, or of the parent or legal
 3452  guardian, the court shall order such person to undergo hepatitis
 3453  and HIV testing within 48 hours after the information,
 3454  indictment, or petition for delinquency is filed. In the event
 3455  the victim or, if the victim is a minor, the victim’s parent or
 3456  legal guardian requests hepatitis and HIV testing after 48 hours
 3457  have elapsed from the filing of the indictment, information, or
 3458  petition for delinquency, the testing shall be done within 48
 3459  hours after the request. The testing shall be performed under
 3460  the direction of the Department of Health in accordance with s.
 3461  381.004. The results of a hepatitis and HIV test performed on a
 3462  defendant or juvenile offender pursuant to this subsection shall
 3463  not be admissible in any criminal or juvenile proceeding arising
 3464  out of the alleged offense.
 3465         (c) If medically appropriate, followup HIV testing shall be
 3466  provided when testing has been ordered under paragraph (a) or
 3467  paragraph (b). The medical propriety of followup HIV testing
 3468  shall be based upon a determination by a physician and does not
 3469  require an additional court order. Notification to the victim,
 3470  or to the victim’s parent or legal guardian, and to the
 3471  defendant of the results of each followup test shall be made as
 3472  soon as practicable in accordance with this section.
 3473         (3) DISCLOSURE OF RESULTS.—
 3474         (a) The results of the test shall be disclosed no later
 3475  than 2 weeks after the court receives such results, under the
 3476  direction of the Department of Health, to the person charged
 3477  with or alleged by petition for delinquency to have committed or
 3478  to the person convicted of or adjudicated delinquent for any
 3479  offense enumerated in s. 775.0877(1)(a)-(n), which involves the
 3480  transmission of body fluids from one person to another, and,
 3481  upon request, to the victim or the victim’s legal guardian, or
 3482  the parent or legal guardian of the victim if the victim is a
 3483  minor, and to public health agencies pursuant to s. 775.0877. If
 3484  the alleged offender is a juvenile, the test results shall also
 3485  be disclosed to the parent or guardian. When the victim is a
 3486  victim as described in paragraph (2)(b), the test results must
 3487  also be disclosed no later than 2 weeks after the court receives
 3488  such results, to the person charged with or alleged by petition
 3489  for delinquency to have committed or to the person convicted of
 3490  or adjudicated delinquent for any offense enumerated in s.
 3491  775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
 3492  offense involves the transmission of bodily fluids from one
 3493  person to another, and, upon request, to the victim or the
 3494  victim’s legal guardian, or the parent or legal guardian of the
 3495  victim, and to public health agencies pursuant to s. 775.0877.
 3496  Otherwise, hepatitis and HIV test results obtained pursuant to
 3497  this section are confidential and exempt from the provisions of
 3498  s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
 3499  shall not be disclosed to any other person except as expressly
 3500  authorized by law or court order.
 3501         (b) At the time that the results are disclosed to the
 3502  victim or the victim’s legal guardian, or to the parent or legal
 3503  guardian of a victim if the victim is a minor, the same
 3504  immediate opportunity for face-to-face counseling which must be
 3505  made available under s. 381.004 to those who undergo hepatitis
 3506  and HIV testing shall also be afforded to the victim or the
 3507  victim’s legal guardian, or to the parent or legal guardian of
 3508  the victim if the victim is a minor.
 3509         Section 74. For the purpose of incorporating the amendment
 3510  made by this act to section 825.1025, Florida Statutes, in a
 3511  reference thereto, subsection (1) of section 1012.315, Florida
 3512  Statutes, is reenacted to read:
 3513         1012.315 Disqualification from employment.—A person is
 3514  ineligible for educator certification, and instructional
 3515  personnel and school administrators, as defined in s. 1012.01,
 3516  are ineligible for employment in any position that requires
 3517  direct contact with students in a district school system,
 3518  charter school, or private school that accepts scholarship
 3519  students under s. 1002.39 or s. 1002.395, if the person,
 3520  instructional personnel, or school administrator has been
 3521  convicted of:
 3522         (1) Any felony offense prohibited under any of the
 3523  following statutes:
 3524         (a) Section 393.135, relating to sexual misconduct with
 3525  certain developmentally disabled clients and reporting of such
 3526  sexual misconduct.
 3527         (b) Section 394.4593, relating to sexual misconduct with
 3528  certain mental health patients and reporting of such sexual
 3529  misconduct.
 3530         (c) Section 415.111, relating to adult abuse, neglect, or
 3531  exploitation of aged persons or disabled adults.
 3532         (d) Section 782.04, relating to murder.
 3533         (e) Section 782.07, relating to manslaughter, aggravated
 3534  manslaughter of an elderly person or disabled adult, aggravated
 3535  manslaughter of a child, or aggravated manslaughter of an
 3536  officer, a firefighter, an emergency medical technician, or a
 3537  paramedic.
 3538         (f) Section 784.021, relating to aggravated assault.
 3539         (g) Section 784.045, relating to aggravated battery.
 3540         (h) Section 784.075, relating to battery on a detention or
 3541  commitment facility staff member or a juvenile probation
 3542  officer.
 3543         (i) Section 787.01, relating to kidnapping.
 3544         (j) Section 787.02, relating to false imprisonment.
 3545         (k) Section 787.025, relating to luring or enticing a
 3546  child.
 3547         (l) Section 787.04(2), relating to leading, taking,
 3548  enticing, or removing a minor beyond the state limits, or
 3549  concealing the location of a minor, with criminal intent pending
 3550  custody proceedings.
 3551         (m) Section 787.04(3), relating to leading, taking,
 3552  enticing, or removing a minor beyond the state limits, or
 3553  concealing the location of a minor, with criminal intent pending
 3554  dependency proceedings or proceedings concerning alleged abuse
 3555  or neglect of a minor.
 3556         (n) Section 790.115(1), relating to exhibiting firearms or
 3557  weapons at a school-sponsored event, on school property, or
 3558  within 1,000 feet of a school.
 3559         (o) Section 790.115(2)(b), relating to possessing an
 3560  electric weapon or device, destructive device, or other weapon
 3561  at a school-sponsored event or on school property.
 3562         (p) Section 794.011, relating to sexual battery.
 3563         (q) Former s. 794.041, relating to sexual activity with or
 3564  solicitation of a child by a person in familial or custodial
 3565  authority.
 3566         (r) Section 794.05, relating to unlawful sexual activity
 3567  with certain minors.
 3568         (s) Section 794.08, relating to female genital mutilation.
 3569         (t) Chapter 796, relating to prostitution.
 3570         (u) Chapter 800, relating to lewdness and indecent
 3571  exposure.
 3572         (v) Section 806.01, relating to arson.
 3573         (w) Section 810.14, relating to voyeurism.
 3574         (x) Section 810.145, relating to video voyeurism.
 3575         (y) Section 812.014(6), relating to coordinating the
 3576  commission of theft in excess of $3,000.
 3577         (z) Section 812.0145, relating to theft from persons 65
 3578  years of age or older.
 3579         (aa) Section 812.019, relating to dealing in stolen
 3580  property.
 3581         (bb) Section 812.13, relating to robbery.
 3582         (cc) Section 812.131, relating to robbery by sudden
 3583  snatching.
 3584         (dd) Section 812.133, relating to carjacking.
 3585         (ee) Section 812.135, relating to home-invasion robbery.
 3586         (ff) Section 817.563, relating to fraudulent sale of
 3587  controlled substances.
 3588         (gg) Section 825.102, relating to abuse, aggravated abuse,
 3589  or neglect of an elderly person or disabled adult.
 3590         (hh) Section 825.103, relating to exploitation of an
 3591  elderly person or disabled adult.
 3592         (ii) Section 825.1025, relating to lewd or lascivious
 3593  offenses committed upon or in the presence of an elderly person
 3594  or disabled person.
 3595         (jj) Section 826.04, relating to incest.
 3596         (kk) Section 827.03, relating to child abuse, aggravated
 3597  child abuse, or neglect of a child.
 3598         (ll) Section 827.04, relating to contributing to the
 3599  delinquency or dependency of a child.
 3600         (mm) Section 827.071, relating to sexual performance by a
 3601  child.
 3602         (nn) Section 843.01, relating to resisting arrest with
 3603  violence.
 3604         (oo) Chapter 847, relating to obscenity.
 3605         (pp) Section 874.05, relating to causing, encouraging,
 3606  soliciting, or recruiting another to join a criminal street
 3607  gang.
 3608         (qq) Chapter 893, relating to drug abuse prevention and
 3609  control, if the offense was a felony of the second degree or
 3610  greater severity.
 3611         (rr) Section 916.1075, relating to sexual misconduct with
 3612  certain forensic clients and reporting of such sexual
 3613  misconduct.
 3614         (ss) Section 944.47, relating to introduction, removal, or
 3615  possession of contraband at a correctional facility.
 3616         (tt) Section 985.701, relating to sexual misconduct in
 3617  juvenile justice programs.
 3618         (uu) Section 985.711, relating to introduction, removal, or
 3619  possession of contraband at a juvenile detention facility or
 3620  commitment program.
 3621         Section 75. For the purpose of incorporating the amendment
 3622  made by this act to section 960.199, Florida Statutes, in a
 3623  reference thereto, subsection (3) of section 960.196, Florida
 3624  Statutes, is reenacted to read:
 3625         960.196 Relocation assistance for victims of human
 3626  trafficking.—
 3627         (3) Relocation payments for a human trafficking claim shall
 3628  be denied if the department has previously approved or paid out
 3629  a domestic violence or sexual battery relocation claim under s.
 3630  960.198 or s. 960.199 to the same victim regarding the same
 3631  incident.
 3632         Section 76. For the purpose of incorporating the amendment
 3633  made by this act to section 960.199, Florida Statutes, in a
 3634  reference thereto, subsection (3) of section 960.198, Florida
 3635  Statutes, is reenacted to read:
 3636         960.198 Relocation assistance for victims of domestic
 3637  violence.—
 3638         (3) Relocation payments for a domestic violence claim shall
 3639  be denied if the department has previously approved or paid out
 3640  a human trafficking or sexual battery relocation claim under s.
 3641  960.196 or s. 960.199 to the same victim regarding the same
 3642  incident.
 3643         Section 77. For the purpose of incorporating the amendment
 3644  made by this act to section 960.28, Florida Statutes, in a
 3645  reference thereto, subsection (5) of section 39.304, Florida
 3646  Statutes, is reenacted to read:
 3647         39.304 Photographs, medical examinations, X rays, and
 3648  medical treatment of abused, abandoned, or neglected child.—
 3649         (5) The county in which the child is a resident shall bear
 3650  the initial costs of the examination of the allegedly abused,
 3651  abandoned, or neglected child; however, the parents or legal
 3652  custodian of the child shall be required to reimburse the county
 3653  for the costs of such examination, other than an initial
 3654  forensic physical examination as provided in s. 960.28, and to
 3655  reimburse the department for the cost of the photographs taken
 3656  pursuant to this section. A medical provider may not bill a
 3657  child victim, directly or indirectly, for the cost of an initial
 3658  forensic physical examination.
 3659         Section 78. For the purpose of incorporating the amendment
 3660  made by this act to section 960.28, Florida Statutes, in a
 3661  reference thereto, section 624.128, Florida Statutes, is
 3662  reenacted to read:
 3663         624.128 Crime victims exemption.—Any other provision of the
 3664  Florida Statutes to the contrary notwithstanding, the deductible
 3665  or copayment provision of any insurance policy shall not be
 3666  applicable to a person determined eligible pursuant to the
 3667  Florida Crimes Compensation Act, excluding s. 960.28.
 3668         Section 79. For the purpose of incorporating the amendment
 3669  made by this act to section 960.28, Florida Statutes, in a
 3670  reference thereto, subsection (6) of section 960.13, Florida
 3671  Statutes, is reenacted to read:
 3672         960.13 Awards.—
 3673         (6) Any award made pursuant to this chapter, except an
 3674  award for loss of support or catastrophic injury, shall be
 3675  reduced by the amount of any payments or services received or to
 3676  be received by the claimant as a result of the injury or death:
 3677         (a) From or on behalf of the person who committed the
 3678  crime; provided, however, that a restitution award ordered by a
 3679  court to be paid to the claimant by the person who committed the
 3680  crime shall not reduce any award made pursuant to this chapter
 3681  unless it appears to the department that the claimant will be
 3682  unjustly enriched thereby.
 3683         (b) From any other public or private source or provider,
 3684  including, but not limited to, an award of workers’ compensation
 3685  pursuant to chapter 440.
 3686         (c) From agencies mandated by other Florida statutes to
 3687  provide or pay for services, except as provided in s. 960.28.
 3688         (d) From an emergency award under s. 960.12.
 3689         Section 80. This act shall take effect October 1, 2017.