Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1392
       
       
       
       
       
       
                                Ì601794?Î601794                         
       
                              LEGISLATIVE ACTION                        
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       Senator Brandes moved the following:
       
    1         Senate Amendment to House Amendment (299739) (with title
    2  amendment)
    3  
    4         Delete lines 5 - 1025
    5  and insert:
    6         Section 1. Subsection (5) of section 20.315, Florida
    7  Statutes, is amended to read
    8         20.315 Department of Corrections.—There is created a
    9  Department of Corrections.
   10         (5) ANNUAL REPORTING.—The department shall report annually
   11  to the Governor, the President of the Senate, and the Speaker of
   12  the House of Representatives recounting its activities and
   13  making recommendations for improvements to the performance of
   14  the department. The annual report must include information
   15  published under s. 945.041.
   16         Section 2. Subsection (5) of section 23.1225, Florida
   17  Statutes, is amended to read:
   18         23.1225 Mutual aid agreements.—
   19         (5) In the event of a disaster or emergency such that a
   20  state of emergency is declared by the Governor pursuant to
   21  chapter 252, a mutual aid agreement may be used to increase the
   22  presence of law enforcement to aid in traffic and crowd control,
   23  emergency response, and evacuation support. The requirement that
   24  a requested operational assistance agreement be a written
   25  agreement for rendering of assistance in a law enforcement
   26  emergency may be waived by the participating agencies for a
   27  period of up to 90 days from the declaration of the disaster.
   28         (a) When a law enforcement agency lends assistance pursuant
   29  to this subsection, all powers, privileges, and immunities
   30  listed in s. 23.127, except with regard to interstate mutual aid
   31  agreements, apply to the agency or entity, if the law
   32  enforcement employees rendering services are being requested and
   33  coordinated by the affected local law enforcement executive in
   34  charge of law enforcement operations.
   35         (b) A listing of such agencies or entities and the officers
   36  and employees of such agencies or entities rendering assistance
   37  pursuant to this subsection must be maintained by the agency or
   38  entity requesting such assistance and filed at the end of the
   39  90-day period with the Florida Department of Law Enforcement.
   40         Section 3. Subsection (1) of section 57.105, Florida
   41  Statutes, is amended to read:
   42         57.105 Attorney’s fee; sanctions for raising unsupported
   43  claims or defenses; exceptions; service of motions; damages for
   44  delay of litigation.—
   45         (1) Unless otherwise provided, upon the court’s initiative
   46  or motion of any party, the court shall award a reasonable
   47  attorney attorney’s fee, including prejudgment interest, to be
   48  paid to the prevailing party in equal amounts by the losing
   49  party and the losing party’s attorney on any claim or defense at
   50  any time during a civil proceeding or action in which the court
   51  finds that the losing party or the losing party’s attorney knew
   52  or should have known that a claim or defense when initially
   53  presented to the court or at any time before trial:
   54         (a) Was not supported by the material facts necessary to
   55  establish the claim or defense; or
   56         (b) Would not be supported by the application of then
   57  existing law to those material facts.
   58         Section 4. Section 322.75, Florida Statutes, is created to
   59  read:
   60         322.75 Driver License Reinstatement Days.—
   61         (1)Each judicial circuit shall establish a Driver License
   62  Reinstatement Days program and designate at least 1 day for
   63  reinstating suspended driver licenses. Participants shall
   64  include the Department of Highway Safety and Motor Vehicles, the
   65  state attorney’s office, the public defender’s office, the
   66  circuit and county courts, the clerk of court, and any
   67  interested community organization.
   68         (2)The clerk of court, in consultation with other
   69  participants, shall annually select one or more days for an
   70  event at which a person may have his or her driver license
   71  reinstated. A person must pay the full license reinstatement
   72  fee; however, the clerk may reduce or waive other fees and costs
   73  to facilitate reinstatement.
   74         (3)(a)A person is eligible for reinstatement under the
   75  program if his or her license was suspended due to:
   76         1.Driving without a valid driver license;
   77         2.Driving with a suspended driver license;
   78         3.Failing to make a payment on penalties in collection;
   79         4.Failing to appear in court for a traffic violation; or
   80         5.Failing to comply with provisions of chapter 318 or this
   81  chapter.
   82         (b)Notwithstanding paragraphs (4)(a) through (c), a person
   83  is eligible for reinstatement under the program if the period of
   84  suspension or revocation has elapsed, the person has completed
   85  any required course or program as described in paragraph (4)(c),
   86  and the person is otherwise eligible for reinstatement.
   87         (4)A person is not eligible for reinstatement under the
   88  program if his or her driver license is suspended or revoked:
   89         (a)Because the person failed to fulfill a court-ordered
   90  child support obligation;
   91         (b)For a violation of s. 316.193;
   92         (c)Because the person has not completed a driver training
   93  program, driver improvement course, or alcohol or substance
   94  abuse education or evaluation program required under s. 316.192,
   95  s. 316.193, s. 322.2616, s. 322.271, or s. 322.264;
   96         (d)For a traffic-related felony; or
   97         (e)Because the person is a habitual traffic offender under
   98  s. 322.264.
   99         (5)The clerk of court and the Department of Highway Safety
  100  and Motor Vehicles shall verify any information necessary for
  101  reinstatement of a driver license under the program.
  102         Section 5. Paragraph (f) is added to subsection (2) of
  103  section 784.046, Florida Statutes, to read:
  104         784.046 Action by victim of repeat violence, sexual
  105  violence, or dating violence for protective injunction; dating
  106  violence investigations, notice to victims, and reporting;
  107  pretrial release violations; public records exemption.—
  108         (2) There is created a cause of action for an injunction
  109  for protection in cases of repeat violence, there is created a
  110  separate cause of action for an injunction for protection in
  111  cases of dating violence, and there is created a separate cause
  112  of action for an injunction for protection in cases of sexual
  113  violence.
  114         (f)Notwithstanding any other law, attorney fees may not be
  115  awarded in any proceeding under this section.
  116         Section 6. Paragraph (d) is added to subsection (2) of
  117  section 784.0485, Florida Statutes, to read:
  118         784.0485 Stalking; injunction; powers and duties of court
  119  and clerk; petition; notice and hearing; temporary injunction;
  120  issuance of injunction; statewide verification system;
  121  enforcement.—
  122         (2)
  123         (d)Notwithstanding any other law, attorney fees may not be
  124  awarded in any proceeding under this section.
  125         Section 7. Paragraphs (c), (d), and (e) of subsection (2)
  126  of section 812.014, Florida Statutes, are amended to read:
  127         812.014 Theft.—
  128         (2)
  129         (c) It is grand theft of the third degree and a felony of
  130  the third degree, punishable as provided in s. 775.082, s.
  131  775.083, or s. 775.084, if the property stolen is:
  132         1. Valued at $1,000 $300 or more, but less than $5,000.
  133         2. Valued at $5,000 or more, but less than $10,000.
  134         3. Valued at $10,000 or more, but less than $20,000.
  135         4. A will, codicil, or other testamentary instrument.
  136         5. A firearm.
  137         6. A motor vehicle, except as provided in paragraph (a).
  138         7. Any commercially farmed animal, including any animal of
  139  the equine, bovine, or swine class or other grazing animal; a
  140  bee colony of a registered beekeeper; and aquaculture species
  141  raised at a certified aquaculture facility. If the property
  142  stolen is aquaculture species raised at a certified aquaculture
  143  facility, then a $10,000 fine shall be imposed.
  144         8.Any fire extinguisher.
  145         8.9. Any amount of citrus fruit consisting of 2,000 or more
  146  individual pieces of fruit.
  147         9.10. Taken from a designated construction site identified
  148  by the posting of a sign as provided for in s. 810.09(2)(d).
  149         10.11. Any stop sign.
  150         11.12. Anhydrous ammonia.
  151         12.13. Any amount of a controlled substance as defined in
  152  s. 893.02. Notwithstanding any other law, separate judgments and
  153  sentences for theft of a controlled substance under this
  154  subparagraph and for any applicable possession of controlled
  155  substance offense under s. 893.13 or trafficking in controlled
  156  substance offense under s. 893.135 may be imposed when all such
  157  offenses involve the same amount or amounts of a controlled
  158  substance.
  159  
  160  However, if the property is stolen within a county that is
  161  subject to a state of emergency declared by the Governor under
  162  chapter 252, the property is stolen after the declaration of
  163  emergency is made, and the perpetration of the theft is
  164  facilitated by conditions arising from the emergency, the
  165  offender commits a felony of the second degree, punishable as
  166  provided in s. 775.082, s. 775.083, or s. 775.084, if the
  167  property is valued at $5,000 or more, but less than $10,000, as
  168  provided under subparagraph 2., or if the property is valued at
  169  $10,000 or more, but less than $20,000, as provided under
  170  subparagraph 3. As used in this paragraph, the term “conditions
  171  arising from the emergency” means civil unrest, power outages,
  172  curfews, voluntary or mandatory evacuations, or a reduction in
  173  the presence of or the response time for first responders or
  174  homeland security personnel. For purposes of sentencing under
  175  chapter 921, a felony offense that is reclassified under this
  176  paragraph is ranked one level above the ranking under s.
  177  921.0022 or s. 921.0023 of the offense committed.
  178         (d) It is grand theft of the third degree and a felony of
  179  the third degree, punishable as provided in s. 775.082, s.
  180  775.083, or s. 775.084, if the property stolen is valued at
  181  $1,000 $100 or more, but less than $5,000 $300, and is taken
  182  from a dwelling as defined in s. 810.011(2) or from the
  183  unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
  184         (e) Except as provided in paragraph (d), if the property
  185  stolen is valued at $500 $100 or more, but less than $1,000
  186  $300, the offender commits petit theft of the first degree,
  187  punishable as a misdemeanor of the first degree, as provided in
  188  s. 775.082 or s. 775.083.
  189         Section 8. Subsection (8) of section 812.015, Florida
  190  Statutes, is amended to read:
  191         812.015 Retail and farm theft; transit fare evasion;
  192  mandatory fine; alternative punishment; detention and arrest;
  193  exemption from liability for false arrest; resisting arrest;
  194  penalties.—
  195         (8) Except as provided in subsection (9), a person who
  196  commits retail theft commits a felony of the third degree,
  197  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  198  if the property stolen is valued at $1,000 $300 or more, and the
  199  person:
  200         (a) Individually, or in concert with one or more other
  201  persons, coordinates the activities of one or more individuals
  202  in committing the offense, in which case the amount of each
  203  individual theft is aggregated to determine the value of the
  204  property stolen;
  205         (b) Commits theft from more than one location within a 48
  206  hour period, in which case the amount of each individual theft
  207  is aggregated to determine the value of the property stolen;
  208         (c) Acts in concert with one or more other individuals
  209  within one or more establishments to distract the merchant,
  210  merchant’s employee, or law enforcement officer in order to
  211  carry out the offense, or acts in other ways to coordinate
  212  efforts to carry out the offense; or
  213         (d) Commits the offense through the purchase of merchandise
  214  in a package or box that contains merchandise other than, or in
  215  addition to, the merchandise purported to be contained in the
  216  package or box.
  217         Section 9. Paragraph (o) is added to subsection (1) of
  218  section 893.135, Florida Statutes, to read:
  219         893.135 Trafficking; mandatory sentences; suspension or
  220  reduction of sentences; conspiracy to engage in trafficking.—
  221         (1) Except as authorized in this chapter or in chapter 499
  222  and notwithstanding the provisions of s. 893.13:
  223         (o)1. For purposes of this subsection, the term “dosage
  224  unit” means an individual tablet, capsule, pill, transdermal
  225  patch, sublingual gelatin, or other visually distinctive form,
  226  with clear manufacturer marking on each unit, of a commercial
  227  drug product approved by the Food and Drug Administration and
  228  manufactured and distributed by a pharmaceutical company
  229  lawfully doing business in the United States.
  230         2.If a controlled substance described in this section is
  231  sold, purchased, delivered, or brought into this state by a
  232  person in the form of a dosage unit, he or she may only be
  233  prosecuted under this paragraph.
  234         3.Notwithstanding any other provision of this subsection,
  235  a person who knowingly sells, purchases, delivers, or brings
  236  into this state, or who is knowingly in actual or constructive
  237  possession of, 120 dosage units or more of a controlled
  238  substance described in this section, commits a felony of the
  239  first degree, which felony shall be known as “trafficking in
  240  pharmaceuticals,” punishable as provided in s. 775.082, s.
  241  775.083, or s. 775.084. If the quantity involved:
  242         a. Is 120 or more dosage units, but less than 500 dosage
  243  units, such person shall be sentenced to a mandatory minimum
  244  term of imprisonment of 3 years and may be ordered to pay a fine
  245  of up to $25,000.
  246         b. Is 500 or more dosage units, but less than 1,000 dosage
  247  units, such person shall be sentenced to a mandatory minimum
  248  term of imprisonment of 7 years and may be ordered to pay a fine
  249  of up to $50,000.
  250         c. Is 1,000 or more dosage units, such person shall be
  251  sentenced to a mandatory minimum term of imprisonment of 15
  252  years and may be ordered to pay a fine of up to $100,000.
  253         Section 10. Subsection (7) is added to section 893.147,
  254  Florida Statutes, to read:
  255         893.147 Use, possession, manufacture, delivery,
  256  transportation, advertisement, or retail sale of drug
  257  paraphernalia, specified machines, and materials.—
  258         (7)TABLETING MACHINES, ENCAPSULATING MACHINES, AND
  259  CONTROLLED SUBSTANCE COUNTERFEITING MATERIALS.—
  260         (a)Except as provided in paragraph (b), it is unlawful for
  261  any person to possess, purchase, deliver, sell, or possess with
  262  intent to sell or deliver a tableting machine, encapsulating
  263  machine or controlled substance counterfeiting material knowing,
  264  intending, or having reasonable cause to believe that it will be
  265  used to manufacture a controlled substance or counterfeit
  266  controlled substance.
  267         (b)1.A regulated person may possess, purchase, deliver,
  268  sell, or possess with intent to deliver or sell a tableting
  269  machine or encapsulating machine as part of a regulated
  270  transaction with a regular customer or regular importer, in
  271  compliance with 21 U.S.C. s. 830. For purposes of this
  272  paragraph, the terms “regulated person,” “regulated
  273  transaction,” “regular customer,” and “regular importer” have
  274  the same meaning as defined in 21 U.S.C. s. 802.
  275         2.A person registered under 21 U.S.C. s. 822 may possess,
  276  purchase, deliver, sell, or possess with intent to deliver or
  277  sell a tableting machine or encapsulating machine to manufacture
  278  a controlled substance pursuant to such registration.
  279         3.A person who holds an active, unencumbered license or
  280  permit under s. 381.986 or chapter 465 may possess, purchase,
  281  deliver, sell, or possess with intent to sell or deliver a
  282  tableting machine or encapsulating machine to manufacture a
  283  controlled substance, if such person is performing functions in
  284  compliance with or under the authority of that license or
  285  permit.
  286         (c)For the purpose of this subsection, the term:
  287         1.“Controlled substance” has the same meaning as provided
  288  in s. 893.02(4).
  289         2.“Controlled substance counterfeiting material” means a
  290  punch, die, plate, stone, or other item designed to print,
  291  imprint, or reproduce the trademark, trade name, or other
  292  identifying mark, imprint, or device of another or any likeness
  293  of any of the foregoing upon a drug or container or labeling
  294  thereof so as to render such drug a counterfeit controlled
  295  substance.
  296         3.“Counterfeit controlled substance” has the same meaning
  297  as provided in s. 831.31(2).
  298         4.“Encapsulating machine” means manual, semiautomatic, or
  299  fully automatic equipment used to fill shells or capsules with
  300  any powdered or granular solids or semisolid material to produce
  301  coherent solid tablets.
  302         5.“Tableting machine” means manual, semiautomatic, or
  303  fully automatic equipment use to compact or mold powdered or
  304  granular solids or semisolid material to produce coherent solid
  305  tablets.
  306         (d)1.Except as provided in subparagraph 2., a person who
  307  violates this subsection commits a felony of the third degree,
  308  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  309         2.Any person who violates this subsection knowing,
  310  intending, or having reasonable cause to believe that such
  311  action will result in the unlawful manufacture of a controlled
  312  substance or counterfeit controlled substance that contains:
  313         a.A controlled substance under s. 893.03(1);
  314         b.Cocaine;
  315         c.Opium or any synthetic or natural salt, compound,
  316  derivative, or preparation of opium;
  317         d.Methadone;
  318         e.Alfentanil;
  319         f.Carfentanil;
  320         g.Fentanyl;
  321         h.Sufentanil; or
  322         i.A controlled substance analog, as defined in s.
  323  893.0356, of any substance in sub-subparagraphs a. through h.,
  324  commits a felony of the second degree, punishable as provided in
  325  s. 775.082, s. 775.083, or s. 775.084.
  326         Section 11. Section 893.21, Florida Statutes, is amended to
  327  read:
  328         893.21 Alcohol- and drug-related overdoses; medical
  329  assistance; immunity from charge and prosecution.—
  330         (1) A person acting in good faith who seeks medical
  331  assistance for an individual experiencing, or believed to be
  332  experiencing, an alcohol- or a drug-related overdose may not be
  333  charged, prosecuted, or penalized pursuant to this chapter for
  334  possession of a controlled substance or a violation of s.
  335  562.111, if the evidence for possession of a controlled
  336  substance was obtained as a result of the person’s seeking
  337  medical assistance.
  338         (2) A person who experiences, or has a good faith belief
  339  that he or she is experiencing, an alcohol- or a drug-related
  340  overdose and is in need of medical assistance may not be
  341  charged, prosecuted, or penalized pursuant to this chapter for
  342  possession of a controlled substance or a violation of s.
  343  562.111, if the evidence for such offense possession of a
  344  controlled substance was obtained as a result of the person’s
  345  seeking the overdose and the need for medical assistance.
  346         (3) A person who is experiencing, or has a good faith
  347  belief that he or she is experiencing, an alcohol- or a drug
  348  related overdose and receives medical assistance, or a person
  349  acting in good faith who seeks medical assistance for an
  350  individual experiencing, or believed to be experiencing, an
  351  alcohol- or a drug-related overdose, may not be penalized for a
  352  violation of a condition of pretrial release, probation, or
  353  parole if the evidence for such a violation was obtained as a
  354  result of the person’s seeking medical assistance.
  355         (4)(3) Protection in this section from charge and
  356  prosecution for possession offenses under this chapter may not
  357  be grounds for suppression of evidence in other criminal
  358  prosecutions.
  359         Section 12. Section 900.05, Florida Statutes, is created to
  360  read:
  361         900.05Criminal justice data collection.It is the intent
  362  of the Legislature to create a model of uniform criminal justice
  363  data collection by requiring local and state criminal justice
  364  agencies to report complete, accurate, and timely data, and to
  365  make such data available to the public. The Legislature finds
  366  that it is an important state interest to implement a uniform
  367  data collection process and promote criminal justice data
  368  transparency.
  369         (1)DEFINITIONS.—As used in this section, the term:
  370         (a)“Annual felony caseload” means the yearly caseload of
  371  each full-time state attorney and assistant state attorney,
  372  public defender and assistant public defender, or regional
  373  conflict counsel and assistant regional conflict counsel for
  374  cases assigned to the circuit criminal division, based on the
  375  number of felony cases reported to the Supreme Court under s.
  376  25.075. The term does not include the appellate caseload of a
  377  public defender, assistant public defender, regional conflict
  378  counsel, or assistant regional conflict counsel. Cases reported
  379  pursuant to this term must be associated with a case number and
  380  each case number must only be reported once regardless of the
  381  number of attorney assignments that occur during the course of
  382  litigation. The cases reported pursuant to this term is
  383  determined by the number of cases assigned to the relevant
  384  office as of June 30 each fiscal year and shall be reported once
  385  annually in the first reporting period upon the conclusion of
  386  the fiscal year.
  387         (b)“Annual misdemeanor caseload” means the yearly caseload
  388  of each full-time state attorney and assistant state attorney,
  389  public defender and assistant public defender, or regional
  390  conflict counsel and assistant regional conflict counsel for
  391  cases assigned to the county criminal division, based on the
  392  number of misdemeanor cases reported to the Supreme Court under
  393  s. 25.075. The term does not include the appellate caseload of a
  394  public defender, assistant public defender, regional conflict
  395  counsel, or assistant regional conflict counsel. Cases reported
  396  pursuant to this term must be associated with a case number and
  397  each case number must only be reported once regardless of the
  398  number of attorney assignments that occur during the course of
  399  litigation. The cases reported pursuant to this term is
  400  determined by the number of cases assigned to the relevant
  401  office as of June 30 each fiscal year and shall be reported once
  402  annually in the first reporting period upon the conclusion of
  403  the fiscal year.
  404         (c)“Attorney assignment date” means the date a court
  405  appointed attorney is assigned to the case or, if privately
  406  retained, the date an attorney files a notice of appearance with
  407  the clerk of court.
  408         (d)“Attorney withdrawal date” means the date the court
  409  removes court-appointed counsel from a case or, for a privately
  410  retained attorney, the date a motion to withdraw is granted by
  411  the court.
  412         (e)“Case number” means the identification number assigned
  413  by the clerk of court to a criminal case.
  414         (f)“Case status” means whether a case is open, inactive,
  415  closed, or reopened due to a violation of probation or community
  416  control.
  417         (g)“Charge description” means the statement of the conduct
  418  that is alleged to have been violated, the associated statutory
  419  section establishing such conduct as criminal, and the
  420  misdemeanor or felony classification that is provided for in the
  421  statutory section alleged to have been violated.
  422         (h)“Charge modifier” means an aggravating circumstance of
  423  an alleged crime that enhances or reclassifies a charge to a
  424  more serious misdemeanor or felony offense level.
  425         (i)“Concurrent or consecutive sentence flag” means an
  426  indication that a defendant is serving another sentence
  427  concurrently or consecutively in addition to the sentence for
  428  which data is being reported.
  429         (j)“Daily number of correctional officers” means the
  430  number of full-time, part-time, and auxiliary correctional
  431  officers who are actively providing supervision, protection,
  432  care, custody, and control of inmates in a county detention
  433  facility or state correctional institution or facility each day.
  434         (k)“Defense attorney type” means whether the attorney is a
  435  public defender, regional conflict counsel, or other counsel
  436  court-appointed for the defendant; the attorney is privately
  437  retained by the defendant; or the defendant is represented pro
  438  se.
  439         (l)“Disciplinary violation and action” means any conduct
  440  performed by an inmate in violation of the rules of a county
  441  detention facility or state correctional institution or facility
  442  that results in the initiation of disciplinary proceedings by
  443  the custodial entity and the consequences of such disciplinary
  444  proceedings.
  445         (m)“Disposition date” means the date of final judgment,
  446  adjudication, adjudication withheld, dismissal, or nolle
  447  prosequi for the case and if different dates apply, the
  448  disposition dates of each charge.
  449         (n)“Domestic violence flag” means an indication that a
  450  charge involves domestic violence as defined in s. 741.28.
  451         (o)“Gang affiliation flag” means an indication that a
  452  defendant is involved in or associated with a criminal gang as
  453  defined in s. 874.03.
  454         (p)“Gain-time credit earned” means a credit of time
  455  awarded to an inmate in a county detention facility in
  456  accordance with s. 951.22 or a state correctional institution or
  457  facility in accordance with s. 944.275.
  458         (q)“Habitual offender flag” means an indication that a
  459  defendant is eligible for designation as a habitual felony
  460  offender as defined in s. 775.084 or a habitual misdemeanor
  461  offender as defined in s. 775.0837.
  462         (r)“Habitual violent felony offender flag” means an
  463  indication that a defendant is eligible for designation as a
  464  habitual violent felony offender as defined in s. 775.084.
  465         (s) “Judicial transfer date” means a date on which a
  466  defendant’s case is transferred to another court or presiding
  467  judge.
  468         (t)“Number of contract attorneys representing indigent
  469  defendants for the office of the public defender” means the
  470  number of attorneys hired on a temporary basis, by contract, to
  471  represent indigent clients who were appointed a public defender.
  472         (u)“Pretrial release violation flag” means an indication
  473  that the defendant has violated the terms of his or her pretrial
  474  release.
  475         (v)“Prior incarceration within the state” means any prior
  476  history of a defendant being incarcerated in a county detention
  477  facility or state correctional institution or facility.
  478         (w) “Prison releasee reoffender flag” means an indication
  479  that a defendant is eligible for designation as a prison
  480  releasee reoffender as defined in s. 775.082.
  481         (x)“Tentative release date” means the anticipated date
  482  that an inmate will be released from incarceration after the
  483  application of adjustments for any gain-time earned or credit
  484  for time served.
  485         (y)“Sexual offender flag” means an indication that a
  486  defendant required to register as a sexual predator as defined
  487  in s. 775.21 or as a sexual offender as defined in s. 943.0435.
  488         (z) “Three-time violent felony offender” means an
  489  indication that a defendant is eligible for designation as a
  490  three-time violent felony offender as defined in s. 775.084.
  491         (aa) “Violent career criminal” means an indication that a
  492  defendant is eligible for designation as a violent career
  493  criminal as defined in s. 775.084.
  494         (2)DATA COLLECTION AND REPORTING.—Beginning January 1,
  495  2019, each entity required to collect data under this subsection
  496  shall collect the specified data on a monthly basis and report
  497  the collected data to the Department of Law Enforcement on a
  498  quarterly basis.
  499         (a)Clerk of the court.—Each clerk of court shall collect
  500  the following data for each criminal case:
  501         1.Case number.
  502         2.Date that the alleged offense occurred.
  503         3.County in which the offense is alleged to have occurred.
  504         4.Date the defendant is taken into physical custody by a
  505  law enforcement agency or is issued a notice to appear on a
  506  criminal charge, if such date is different from the date the
  507  offense is alleged to have occurred.
  508         5.Date that the criminal prosecution of a defendant is
  509  formally initiated through the filing, with the clerk of the
  510  court, of an information by the state attorney or an indictment
  511  issued by a grand jury.
  512         6.Arraignment date.
  513         7.Attorney assignment date.
  514         8.Attorney withdrawal date.
  515         9.Case status.
  516         10.Disposition date.
  517         11.Information related to each defendant, including:
  518         a.Identifying information, including name, date of birth,
  519  age, race or ethnicity, and gender.
  520         b.Zip code of primary residence.
  521         c.Primary language.
  522         d. Citizenship.
  523         e.Immigration status, if applicable.
  524         f.Whether the defendant has been found by a court to be
  525  indigent pursuant to s. 27.52.
  526         12.Information related to the formal charges filed against
  527  the defendant, including:
  528         a.Charge description.
  529         b.Charge modifier, if applicable.
  530         c.Drug type for each drug charge, if known.
  531         d.Qualification for a flag designation as defined in this
  532  section, including a domestic violence flag, gang affiliation
  533  flag, habitual offender flag, habitual violent felony offender
  534  flag, pretrial release violation flag, prison releasee
  535  reoffender flag, sexual offender flag, three-time violent felony
  536  offender flag, or violent career criminal flag.
  537         13.Information related to bail or bond and pretrial
  538  release determinations, including the dates of any such
  539  determinations:
  540         a.Pretrial release determination made at a first
  541  appearance hearing that occurs within 24 hours of arrest,
  542  including all monetary and nonmonetary conditions of release.
  543         b. Modification of bail or bond conditions made by a court
  544  having jurisdiction to try the defendant or, in the absence of
  545  the judge of the trial court, by the circuit court, including
  546  modifications to any monetary and nonmonetary conditions of
  547  release.
  548         c.Cash bail or bond payment, including whether the
  549  defendant utilized a bond agent to post a surety bond.
  550         d.Date defendant is released on bail, bond, or pretrial
  551  release.
  552         e.Bail or bond revocation due to a new offense, a failure
  553  to appear, or a violation of the terms of bail or bond, if
  554  applicable.
  555         14.Information related to court dates and dates of motions
  556  and appearances, including:
  557         a.Date of any court appearance and the type of proceeding
  558  scheduled for each date reported.
  559         b.Date of any failure to appear in court, if applicable.
  560         c.Judicial transfer date, if applicable.
  561         d.Trial date.
  562         e.Date that a defendant files a notice to participate in
  563  discovery.
  564         f.Speedy trial motion and hearing dates, if applicable.
  565         g.Dismissal motion and hearing dates, if applicable.
  566         15.Defense attorney type.
  567         16.Information related to sentencing, including:
  568         a.Date that a court enters a sentence against a defendant.
  569         b.Sentence type and length imposed by the court,
  570  including, but not limited to, the total duration of
  571  imprisonment in a county detention facility or state
  572  correctional institution or facility, and conditions of
  573  probation or community control supervision.
  574         c.Amount of time served in custody by the defendant
  575  awaiting disposition of the reported criminal case that is
  576  credited at the time of disposition.
  577         d.Total amount of court fees imposed by the court at the
  578  disposition of the case.
  579         e. Outstanding balance of the defendant’s court fees
  580  imposed by the court at disposition of the case.
  581         f.Total amount of fines imposed by the court at the
  582  disposition of the case.
  583         g. Outstanding balance of the defendant’s fines imposed by
  584  the court at disposition of the case.
  585         h.Restitution amount ordered, including the amount
  586  collected by the court and the amount paid to the victim, if
  587  applicable.
  588         i. Digitized sentencing scoresheet prepared in accordance
  589  with s. 921.0024.
  590         17.The number of judges or magistrates, or their
  591  equivalents, hearing cases in circuit or county criminal
  592  divisions of the circuit court. Judges or magistrates, or their
  593  equivalents, who solely hear appellate cases from the county
  594  criminal division are not to be reported under this
  595  subparagraph.
  596         (b)State attorney.—Each state attorney shall collect the
  597  following data:
  598         1.Information related to a human victim of a criminal
  599  offense, including:
  600         a.Identifying information of the victim, including race or
  601  ethnicity, gender, and age.
  602         b.Relationship to the offender, if any.
  603         2.Number of full-time prosecutors.
  604         3.Number of part-time prosecutors.
  605         4.Annual felony caseload.
  606         5.Annual misdemeanor caseload.
  607         6.Any charge referred to the state attorney by a law
  608  enforcement agency related to an episode of criminal activity.
  609         7.Number of cases in which a no-information was filed.
  610         8. Information related to each defendant, including:
  611         a.Each charge referred to the state attorney by a law
  612  enforcement agency related to an episode of criminal activity.
  613         b.Drug type for each drug charge, if applicable.
  614         c. Qualification for a flag designation as defined in this
  615  section, including a domestic violence flag, gang affiliation
  616  flag, habitual offender flag, habitual violent felony offender
  617  flag, pretrial release violation flag, prison releasee
  618  reoffender flag, sexual offender flag, three-time violent felony
  619  offender flag, or violent career criminal flag.
  620         d. The complete terms of any plea offer provided to the
  621  defendant by the state attorney.
  622         (c)Public defender.—Each public defender shall collect the
  623  following data for each criminal case:
  624         1.Number of full-time public defenders.
  625         2.Number of part-time public defenders.
  626         3.Number of contract attorneys representing indigent
  627  defendants for the office of the public defender.
  628         4.Annual felony caseload.
  629         5.Annual misdemeanor caseload.
  630         6. Number of cases of which the office of the public
  631  defender has conflicted off in each fiscal year as of June 30
  632  each fiscal year, which is to be reported in the first reporting
  633  period upon the conclusion of the fiscal year.
  634         (d)Regional conflict counsel.Each regional conflict
  635  counsel shall collect the following data for each criminal case:
  636         1. Number of full-time assistant regional conflict counsel
  637  handling criminal cases.
  638         2. Number of part-time assistant regional conflict counsel
  639  handling criminal cases.
  640         3. Number of contract attorneys representing indigent
  641  defendants in criminal cases for the office of the regional
  642  conflict counsel.
  643         4. Annual felony caseload.
  644         5. Annual misdemeanor caseload.
  645         (e) Justice Administrative Commission.The Justice
  646  Administrative Commission shall collect the following data for
  647  each criminal case:
  648         1. Number of contract or private court-appointed attorneys
  649  representing indigent defendants in criminal cases.
  650         2. Number of privately retained attorneys where the
  651  defendant was declared indigent for costs.
  652         3. Number of felony cases handled annually by contract or
  653  private court-appointed attorneys representing indigent
  654  defendants.
  655         4. Number of misdemeanor cases handled annually by contract
  656  or private court-appointed attorneys representing indigent
  657  defendants.
  658         5. Number of felony cases handled annually by privately
  659  retained attorneys where the defendant was declared indigent for
  660  costs.
  661         6. Number of misdemeanor cases handled annually by
  662  privately retained attorneys where the defendant was declared
  663  indigent for costs.
  664         (f) County detention facility.—The administrator of each
  665  county detention facility shall collect the following data:
  666         1.Maximum capacity for the county detention facility.
  667         2.Weekly admissions to the county detention facility for a
  668  revocation of probation or community control.
  669         3.Daily population of the county detention facility,
  670  including the specific number of inmates in the custody of the
  671  county that:
  672         a.Are awaiting case disposition.
  673         b.Have been sentenced by a court to a term of imprisonment
  674  in the county detention facility.
  675         c. Have been sentenced by a court to a term of imprisonment
  676  with the Department of Corrections and who are awaiting
  677  transportation to the department.
  678         d.Have a federal detainer or are awaiting disposition of a
  679  case in federal court.
  680         4.Information related to each inmate, including the date a
  681  defendant is processed into the county detention facility
  682  subsequent to an arrest for a new violation of law or for a
  683  violation of probation or community control.
  684         5. Total population of the county detention facility at
  685  year-end. This data must include the same specified
  686  classifications as subparagraph 3.
  687         6.Per diem rate for a county detention facility bed.
  688         7.Daily number of correctional officers for the county
  689  detention facility.
  690         8.Annual county detention facility budget. This
  691  information only needs to be reported once annually at the
  692  beginning of the county’s fiscal year.
  693         9.Revenue generated for the county from the temporary
  694  incarceration of federal defendants or inmates.
  695         (g)Department of Corrections.—The Department of
  696  Corrections shall collect the following data:
  697         1.Information related to each inmate, including:
  698         a.Identifying information, including name, date of birth,
  699  race or ethnicity, and identification number assigned by the
  700  department.
  701         b.Number of children.
  702         c.Education level, including any vocational training.
  703         d.Date the inmate was admitted to the custody of the
  704  department.
  705         e.Current institution placement and the security level
  706  assigned to the institution.
  707         f. Custody level assignment.
  708         g. Qualification for a flag designation as defined in this
  709  section, including a domestic violence flag, gang affiliation
  710  flag, habitual offender flag, habitual violent felony offender
  711  flag, pretrial release violation flag, prison releasee
  712  reoffender flag, sexual offender flag, three-time violent felony
  713  offender flag, or violent career criminal flag.
  714         h. County that committed the prisoner to the custody of the
  715  department.
  716         i.Whether the reason for admission to the department is
  717  for a new conviction or a violation of probation, community
  718  control, or parole. For an admission for a probation, community
  719  control, or parole violation, the department shall report
  720  whether the violation was technical or based on a new violation
  721  of law.
  722         j.Specific statutory citation for which the inmate was
  723  committed to the department, including, for an inmate convicted
  724  of a drug offense under s. 893.13 or s. 893.135, the weight and
  725  the statutory citation for each specific drug involved.
  726         k.Length of sentence, including any concurrent or
  727  consecutive sentences served.
  728         l.Tentative release date.
  729         m.Gain time earned in accordance with s. 944.275.
  730         n.Prior incarceration within the state.
  731         o.Disciplinary violation and action.
  732         p.Participation in rehabilitative or educational programs
  733  while in the custody of the department.
  734         2.Information about each state correctional institution or
  735  facility, including:
  736         a.Budget for each state correctional institution or
  737  facility.
  738         b.Daily prison population of all inmates incarcerated in a
  739  state correctional institution or facility.
  740         c.Daily number of correctional officers for each state
  741  correctional institution or facility.
  742         3.Information related to persons supervised by the
  743  department on probation or community control, including:
  744         a. Identifying information for each person supervised by
  745  the department on probation or community control, including his
  746  or her name, date of birth, race or ethnicity, sex, and
  747  department-assigned case number.
  748         b.Length of probation or community control sentence
  749  imposed and amount of time that has been served on such
  750  sentence.
  751         c.Projected termination date for probation or community
  752  control.
  753         d.Revocation of probation or community control due to a
  754  violation, including whether the revocation is due to a
  755  technical violation of the conditions of supervision or from the
  756  commission of a new law violation.
  757         4.Per diem rates, reported once annually at the time the
  758  most recent per diem rate is published, for:
  759         a. Prison bed.
  760         b. Probation.
  761         c. Community control.
  762         (3)DATA PUBLICLY AVAILABLE.Beginning January 1, 2019, the
  763  Department of Law Enforcement shall publish datasets in its
  764  possession in a modern, open, electronic format that is machine
  765  readable and readily accessible by the public on the
  766  department’s website. The published data must be searchable, at
  767  a minimum, by each data element, county, circuit, and unique
  768  identifier. Data that is in the department’s possession as of
  769  January 1, 2019, shall be published in its entirety by July 1,
  770  2020. Beginning March 1, 2019, the department shall begin
  771  publishing the data received under subsection (2) in the same
  772  modern, open, electronic format that is machine-readable and
  773  readily accessible to the public on the department’s website.
  774  The department shall publish all data received under subsection
  775  (2) no later than July 1, 2020.
  776         (4) EXCEPTION TO PUBLIC AVAILABILITY.—In an effort to
  777  ensure the privacy of the specified information required to be
  778  collected under this section, including, but not limited to,
  779  protected health information, the Department of Law Enforcement
  780  may not publish data in a manner that allows the public to
  781  associate such data with a person’s name, social security
  782  number, or date of birth. Any data collected and published under
  783  this section related to a person shall be solely identifiable by
  784  the unique identifier assigned to such person by the department
  785  pursuant to s. 943.687. Any information that is exempt or
  786  confidential and exempt under other provisions of law that is
  787  obtained by a local or state entity under this section retains
  788  its exempt or confidential and exempt status when held by the
  789  Department of Law Enforcement.
  790         (5)NONCOMPLIANCE.—Notwithstanding any other law, an entity
  791  required to collect and transmit data under paragraph (2)(a) or
  792  paragraph (2)(f) which does not comply with the requirements of
  793  this section is ineligible to receive funding from the General
  794  Appropriations Act, any state grant program administered by the
  795  Department of Law Enforcement, or any other state agency for 3
  796  years after the date of noncompliance.
  797         Section 13. A pilot project is established in the Sixth
  798  Judicial Circuit for the purpose of improving criminal justice
  799  data transparency and ensuring that data submitted under s.
  800  900.05, Florida Statutes, is accurate, valid, reliable, and
  801  structured. The clerk of court, the state attorney, the public
  802  defender, or a sheriff in the circuit may enter into a
  803  memorandum of understanding with a national, nonpartisan,
  804  nonprofit entity that provides data and measurement for county
  805  level criminal justice systems to establish the duties and
  806  responsibilities of a data fellow, completely funded by the
  807  entity, to be embedded with the office or agency. The data
  808  fellow shall assist with data extraction, validation, and
  809  quality and shall publish such data consistent with the terms of
  810  the memorandum. The data fellow shall assist the office or
  811  agency in compiling and reporting data pursuant to s. 900.05,
  812  Florida Statutes, in compliance with rules established by the
  813  Department of Law Enforcement. The pilot project shall expire as
  814  provided in the memorandum of understanding.
  815         Section 14. For the 2018-2019 fiscal year, nine full-time
  816  equivalent positions with associated salary rate of 476,163 are
  817  authorized and the recurring sum of $665,884 and the
  818  nonrecurring sum of $1,084,116 is appropriated from the General
  819  Revenue Fund to the Department of Law Enforcement for the
  820  purposes of implementing ss. 900.05(3) and 943.687, Florida
  821  Statutes, transitioning to incident-based crime reporting, and
  822  collecting and submitting crime statistics that meet the
  823  requirements of the Federal Bureau of Investigation under the
  824  National Incident-Based Reporting System.
  825         Section 15. Section 907.0421, Florida Statutes, is created
  826  to read:
  827         907.0421 Pretrial release; use of risk assessment
  828  instruments.—
  829         (1) The Legislature finds that there is a need to use
  830  evidence-based methods to identify defendants that can
  831  successfully comply with specified pretrial release conditions.
  832  The Legislature finds that the use of actuarial instruments that
  833  classify offenders according to the likelihood of failure to
  834  appear at subsequent hearings or engage in criminal conduct
  835  while awaiting trial provides a more consistent and accurate
  836  assessment of a defendant’s risk of noncompliance while on
  837  pretrial release pending trial. The Legislature also finds that
  838  research indicates that using accurate risk and needs assessment
  839  instruments ensures successful compliance with pretrial
  840  conditions imposed on a defendant and reduces the likelihood of
  841  defendants remaining unnecessarily in custody pending trial.
  842         (2) The chief judge of each circuit, with the concurrence
  843  of the county’s chief correctional officer, the state attorney,
  844  and the public defender, may enter an administrative order to
  845  administer a risk assessment instrument in preparation of first
  846  appearance for use in pretrial release decisions. The risk
  847  assessment instrument must be objective, standardized, and based
  848  on analysis of empirical data and risk factors relevant to
  849  pretrial failure, that evaluates the likelihood of failure to
  850  appear in court and the likelihood of rearrest during the
  851  pretrial release period, and that is validated on the pretrial
  852  population.
  853         (3)(a)The risk assessment instrument results must be used
  854  as supplemental factors for the court to consider when
  855  determining the appropriateness of pretrial release at first
  856  appearance or subsequent pretrial release determinations and, if
  857  applicable, the conditions of release that are appropriate based
  858  on predicted level of risk and pretrial failure. The court shall
  859  impose the least-restrictive conditions necessary, based on the
  860  results of the risk assessment instrument, to reasonably ensure
  861  the defendant’s appearance at subsequent hearings.
  862         (b) A court that uses the results from a risk assessment
  863  instrument in pretrial release determinations retains sole
  864  discretion to impose any pretrial release conditions that it
  865  deems necessary to ensure the defendant’s appearance at
  866  subsequent hearings.
  867         (4) A circuit that intends to use a risk assessment
  868  instrument in pretrial release decisions must have such
  869  instrument independently validated by the Department of
  870  Corrections. A circuit may begin to use such instrument in
  871  pretrial release decisions immediately upon validation of and
  872  implementation of training all local staff who will administer
  873  the risk assessment instrument.
  874         (5) Each circuit that establishes an administrative order
  875  for the use of risk assessment instruments in pretrial release
  876  determinations shall provide an annual report to the Office of
  877  Program Policy Analysis and Government Accountability that
  878  details the risk assessment instrument used, results of the
  879  administration of the risk assessment instrument, including the
  880  results of defendants that were both detained in custody
  881  awaiting trial and released from custody awaiting trial, the
  882  frequency of released defendants that failed to appear at one or
  883  more subsequent court hearings, and the level of risk determined
  884  in the risk assessment instrument associated with a defendant
  885  that failed to appear for any court hearings. The annual report
  886  from the circuit must be submitted to OPPAGA by October 1 each
  887  year. OPPAGA shall compile the results of the counties reports
  888  for inclusion in an independent section of its annual report
  889  developed and submitted to the President of the Senate and
  890  Speaker of the House of Representatives in accordance with s.
  891  907.044.
  892         (6) The Department of Corrections may adopt rules to
  893  implement the requirement to validate risk assessment
  894  instruments used in accordance with this section.
  895         Section 16. Paragraph (b) of subsection (4) of section
  896  907.043, Florida Statutes, is amended to read:
  897         907.043 Pretrial release; citizens’ right to know.—
  898         (4)
  899         (b) The annual report must contain, but need not be limited
  900  to:
  901         1. The name, location, and funding sources of the pretrial
  902  release program, including the amount of public funds, if any,
  903  received by the pretrial release program.
  904         2. The operating and capital budget of each pretrial
  905  release program receiving public funds.
  906         3.a. The percentage of the pretrial release program’s total
  907  budget representing receipt of public funds.
  908         b. The percentage of the total budget which is allocated to
  909  assisting defendants obtain release through a nonpublicly funded
  910  program.
  911         c. The amount of fees paid by defendants to the pretrial
  912  release program.
  913         4. The number of persons employed by the pretrial release
  914  program.
  915         5. The number of defendants assessed and interviewed for
  916  pretrial release.
  917         6. The number of defendants recommended for pretrial
  918  release.
  919         7. The number of defendants for whom the pretrial release
  920  program recommended against nonsecured release.
  921         8. The number of defendants granted nonsecured release
  922  after the pretrial release program recommended nonsecured
  923  release.
  924         9. The number of defendants assessed and interviewed for
  925  pretrial release who were declared indigent by the court.
  926         10.The number of defendants accepted into a pretrial
  927  release program who paid a surety or cash bail or bond.
  928         11.The number of defendants for whom a risk assessment
  929  tool was used in determining whether they should be released
  930  pending the disposition of their cases and the number of
  931  defendants for whom a risk assessment tool was not used.
  932         12.The specific statutory citation for each criminal
  933  charge related to a defendant whose case is accepted into a
  934  pretrial release program, including, at a minimum, the number of
  935  defendants charged with dangerous crimes as defined in s.
  936  907.041; nonviolent felonies; or misdemeanors only. A
  937  “nonviolent felony” for purposes of this subparagraph excludes
  938  the commission of, an attempt to commit, or a conspiracy to
  939  commit any of the following:
  940         a.An offense enumerated in s. 775.084(1)(c);
  941         b.An offense that requires a person to register as a
  942  sexual predator in accordance with s. 775.21 or as a sexual
  943  offender in accordance with s. 943.0435;
  944         c. Failure to register as a sexual predator in violation of
  945  s. 775.21 or as a sexual offender in violation of s. 943.0435;
  946         d. Facilitating or furthering terrorism in violation of s.
  947  775.31;
  948         e. A forcible felony as described in s. 776.08;
  949         f. False imprisonment in violation of s. 787.02;
  950         g.Burglary of a dwelling or residence in violation of s.
  951  810.02(3);
  952         h. Abuse, aggravated abuse, and neglect of an elderly
  953  person or disabled adult in violation of s. 825.102;
  954         i. Abuse, aggravated abuse, and neglect of a child in
  955  violation of s. 827.03;
  956         j. Poisoning of food or water in violation of s. 859.01;
  957         k. Abuse of a dead human body in violation of s. 872.06;
  958         l. A capital offense in violation of chapter 893;
  959         m. An offense that results in serious bodily injury or
  960  death to another human; or
  961         n. A felony offense in which the defendant used a weapon or
  962  firearm in the commission of the offense.
  963         13.The number of defendants accepted into a pretrial
  964  release program with no prior criminal conviction.
  965         14.10. The name and case number of each person granted
  966  nonsecured release who:
  967         a. Failed to attend a scheduled court appearance.
  968         b. Was issued a warrant for failing to appear.
  969         c. Was arrested for any offense while on release through
  970  the pretrial release program.
  971         15.11. Any additional information deemed necessary by the
  972  governing body to assess the performance and cost efficiency of
  973  the pretrial release program.
  974         Section 17. Subsections (3) through (7) of section
  975  921.0024, Florida Statutes, are amended to read:
  976         921.0024 Criminal Punishment Code; worksheet computations;
  977  scoresheets.—
  978         (3) A single digitized scoresheet shall be prepared for
  979  each defendant to determine the permissible range for the
  980  sentence that the court may impose, except that if the defendant
  981  is before the court for sentencing for more than one felony and
  982  the felonies were committed under more than one version or
  983  revision of the guidelines or the code, separate digitized
  984  scoresheets must be prepared. The scoresheet or scoresheets must
  985  cover all the defendant’s offenses pending before the court for
  986  sentencing. The state attorney shall prepare the digitized
  987  scoresheet or scoresheets, which must be presented to the
  988  defense counsel for review for accuracy in all cases unless the
  989  judge directs otherwise. The defendant’s scoresheet or
  990  scoresheets must be approved and signed by the sentencing judge.
  991         (4) The Department of Corrections, in consultation with the
  992  Office of the State Courts Administrator, state attorneys, and
  993  public defenders, must develop and submit the revised digitized
  994  Criminal Punishment Code scoresheet to the Supreme Court for
  995  approval by June 15 of each year, as necessary. The digitized
  996  scoresheet shall have individual, structured data cells for each
  997  data field on the scoresheet. Upon the Supreme Court’s approval
  998  of the revised digitized scoresheet, the Department of
  999  Corrections shall produce and provide sufficient copies of the
 1000  revised digitized scoresheets by September 30 of each year, as
 1001  necessary. Digitized scoresheets must include individual data
 1002  cells to indicate item entries for the scoresheet preparer’s use
 1003  in indicating whether any prison sentence imposed includes a
 1004  mandatory minimum sentence or the sentence imposed was a
 1005  downward departure from the lowest permissible sentence under
 1006  the Criminal Punishment Code.
 1007         (5) The Department of Corrections shall make available
 1008  distribute sufficient copies of the digitized Criminal
 1009  Punishment Code scoresheets to those persons charged with the
 1010  responsibility for preparing scoresheets.
 1011         (6) The clerk of the circuit court shall transmit a
 1012  complete and, accurate digitized, and legible copy of the
 1013  Criminal Punishment Code scoresheet used in each sentencing
 1014  proceeding to the Department of Corrections. Scoresheets must be
 1015  electronically transmitted no less frequently than monthly, by
 1016  the first of each month, and may be sent collectively.
 1017         (7) A digitized sentencing scoresheet must be prepared for
 1018  every defendant who is sentenced for a felony offense. A copy of
 1019  The individual offender’s digitized Criminal Punishment Code
 1020  scoresheet and any attachments thereto prepared pursuant to Rule
 1021  3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal
 1022  Procedure, or any other rule pertaining to the preparation and
 1023  submission of felony sentencing scoresheets, must be included
 1024  with attached to the copy of the uniform judgment and sentence
 1025  form provided to the Department of Corrections.
 1026         Section 18. Subsection (1) of section 932.7061, Florida
 1027  Statutes, is amended to read:
 1028         932.7061 Reporting seized property for forfeiture.—
 1029         (1) Every law enforcement agency shall submit an annual
 1030  report to the Department of Law Enforcement indicating whether
 1031  the agency has seized or forfeited property under the Florida
 1032  Contraband Forfeiture Act. A law enforcement agency receiving or
 1033  expending forfeited property or proceeds from the sale of
 1034  forfeited property in accordance with the Florida Contraband
 1035  Forfeiture Act shall submit a completed annual report by
 1036  December 1 October 10 documenting the receipts and expenditures.
 1037  The report shall be submitted in an electronic form, maintained
 1038  by the Department of Law Enforcement in consultation with the
 1039  Office of Program Policy Analysis and Government Accountability,
 1040  to the entity that has budgetary authority over such agency and
 1041  to the Department of Law Enforcement. The annual report must, at
 1042  a minimum, specify the type, approximate value, court case
 1043  number, type of offense, disposition of property received, and
 1044  amount of any proceeds received or expended.
 1045         Section 19. Section 934.01, Florida Statutes, is amended to
 1046  read:
 1047         934.01 Legislative findings.—On the basis of its own
 1048  investigations and of published studies, the Legislature makes
 1049  the following findings:
 1050         (1) Wire communications are normally conducted through the
 1051  use of facilities which form part of an intrastate network. The
 1052  same facilities are used for interstate and intrastate
 1053  communications.
 1054         (2) In order to protect effectively the privacy of wire,
 1055  and oral, and electronic communications, to protect the
 1056  integrity of court and administrative proceedings, and to
 1057  prevent the obstruction of intrastate commerce, it is necessary
 1058  for the Legislature to define the circumstances and conditions
 1059  under which the interception of wire, and oral, and electronic
 1060  communications may be authorized and to prohibit any
 1061  unauthorized interception of such communications and the use of
 1062  the contents thereof in evidence in courts and administrative
 1063  proceedings.
 1064         (3) Organized criminals make extensive use of wire, and
 1065  oral, and electronic communications in their criminal
 1066  activities. The interception of such communications to obtain
 1067  evidence of the commission of crimes or to prevent their
 1068  commission is an indispensable aid to law enforcement and the
 1069  administration of justice.
 1070         (4) To safeguard the privacy of innocent persons, the
 1071  interception of wire, or oral, or electronic communications when
 1072  none of the parties to the communication has consented to the
 1073  interception should be allowed only when authorized by a court
 1074  of competent jurisdiction and should remain under the control
 1075  and supervision of the authorizing court. Interception of wire,
 1076  and oral, and electronic communications should further be
 1077  limited to certain major types of offenses and specific
 1078  categories of crime with assurance that the interception is
 1079  justified and that the information obtained thereby will not be
 1080  misused.
 1081         (5)To safeguard the privacy of innocent persons, the
 1082  Legislature recognizes that the subjective expectation of
 1083  privacy in real-time cell-site location data, real-time precise
 1084  global positioning system location data, and historical precise
 1085  global positioning system location data that society is now
 1086  prepared to accept is objectively reasonable. As such, the law
 1087  enforcement collection of the precise location of a person,
 1088  cellular phone, or portable electronic communication device
 1089  without the consent of the person or owner of the cellular phone
 1090  or portable electronic communication device should be allowed
 1091  only when authorized by a warrant issued by a court of competent
 1092  jurisdiction and should remain under the control and supervision
 1093  of the authorizing court.
 1094         (6)The Legislature recognizes that the use of portable
 1095  electronic communication devices is growing at a rapidly
 1096  increasing rate. These devices can store, and encourage the
 1097  storing of, an almost limitless amount of personal and private
 1098  information. Often linked to the Internet, these devices are
 1099  commonly used to access personal and business information and
 1100  databases in computers and servers that can be located anywhere
 1101  in the world. The user of a portable electronic communication
 1102  device has a reasonable and justifiable expectation of privacy
 1103  in the information that these devices contain.
 1104         (7)The Legislature recognizes that the use of household
 1105  electronic devices, including microphone-enabled household
 1106  devices, is growing at a rapidly increasing rate. These devices
 1107  often contain microphones that listen for and respond to
 1108  environmental cues. These household devices are generally
 1109  connected to and communicate through the Internet, resulting in
 1110  the storage of and accessibility to daily household information
 1111  in a device itself or in a remote computing service. Persons
 1112  should not have to choose between using household technological
 1113  enhancements and conveniences or preserving the right to privacy
 1114  in one’s home.
 1115         Section 20. Subsection (2) of section 934.02, Florida
 1116  Statutes, is amended, and subsections (27) and (28) are added to
 1117  that section, to read:
 1118         934.02 Definitions.—As used in this chapter:
 1119         (2) “Oral communication” means any oral communication
 1120  uttered by a person exhibiting an expectation that such
 1121  communication is not subject to interception under circumstances
 1122  justifying such expectation, including the use of a microphone
 1123  enabled household device, and does not mean any public oral
 1124  communication uttered at a public meeting or any electronic
 1125  communication.
 1126         (27)“Microphone-enabled household device” means a device,
 1127  sensor, or other physical object within a residence:
 1128         (a)Capable of connecting to the Internet, directly or
 1129  indirectly, or to another connected device;
 1130         (b)Capable of creating, receiving, accessing, processing,
 1131  or storing electronic data or communications;
 1132         (c)Which communicates with, by any means, another entity
 1133  or individual; and
 1134         (d)Which contains a microphone designed to listen for and
 1135  respond to environmental cues.
 1136         (28)“Portable electronic communication device” means an
 1137  object capable of being easily transported or conveyed by a
 1138  person which is capable of creating, receiving, accessing, or
 1139  storing electronic data or communications and which communicates
 1140  with, by any means, another device, entity, or individual.
 1141         Section 21. Section 934.21, Florida Statutes, is amended to
 1142  read:
 1143         934.21 Unlawful access to stored communications;
 1144  penalties.—
 1145         (1) Except as provided in subsection (3), whoever:
 1146         (a) Intentionally accesses without authorization a facility
 1147  through which an electronic communication service is provided,
 1148  or
 1149         (b) Intentionally exceeds an authorization to access such
 1150  facility,
 1151  
 1152  and thereby obtains, alters, or prevents authorized access to a
 1153  wire or electronic communication while it is in electronic
 1154  storage in such system shall be punished as provided in
 1155  subsection (2).
 1156         (2) The punishment for an offense under subsection (1) is
 1157  as follows:
 1158         (a) If the offense is committed for purposes of commercial
 1159  advantage, malicious destruction or damage, or private
 1160  commercial gain, the person is:
 1161         1. In the case of a first offense under this subsection,
 1162  commits guilty of a misdemeanor of the first degree, punishable
 1163  as provided in s. 775.082, s. 775.083, or s. 934.41.
 1164         2. In the case of any subsequent offense under this
 1165  subsection, commits guilty of a felony of the third degree,
 1166  punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
 1167  s. 934.41.
 1168         (b) In any other case, the person commits is guilty of a
 1169  misdemeanor of the second degree, punishable as provided in s.
 1170  775.082 or s. 775.083.
 1171         (3) Subsection (1) does not apply with respect to conduct
 1172  authorized:
 1173         (a) By the person or entity providing a wire, oral, or
 1174  electronic communications service, including through cellular
 1175  phones, portable electronic communication devices, or
 1176  microphone-enabled household devices;
 1177         (b) By a user of a wire, oral, or electronic communications
 1178  service, including through cellular phones, portable electronic
 1179  communication devices, or microphone-enabled household devices,
 1180  with respect to a communication of or intended for that user; or
 1181         (c) In s. 934.09 or, s. 934.23;, or s. 934.24
 1182         (d) In chapter 933; or
 1183         (e) For accessing for a legitimate business purpose
 1184  information that is not personally identifiable or that has been
 1185  collected in a way that prevents identification of the user of
 1186  the device.
 1187         Section 22. Section 934.42, Florida Statutes, is amended to
 1188  read:
 1189         934.42 Mobile tracking device and location tracking
 1190  authorization.—
 1191         (1)As used in this section, the term:
 1192         (a)“Mobile tracking device” means an electronic or
 1193  mechanical device which permits the tracking of the movement of
 1194  a person or object.
 1195         (b)“Real-time location tracking” means:
 1196         1.Installation and use of a mobile tracking device on the
 1197  object to be tracked;
 1198         2.Acquisition of real-time cell-site location data; or
 1199         3.Acquisition of real-time precise global positioning
 1200  system location data.
 1201         (c)“Historical location data” means the acquisition of
 1202  historical precise global positioning system location data in
 1203  the possession of a provider.
 1204         (2)(1) An investigative or law enforcement officer may make
 1205  application to a judge of competent jurisdiction for a warrant
 1206  an order authorizing or approving real-time location tracking
 1207  the installation and use of a mobile tracking device or the
 1208  acquisition of historical location data in the possession of the
 1209  provider.
 1210         (3)(2) An application under subsection (2) (1) of this
 1211  section must include:
 1212         (a) A statement of the identity of the applicant and the
 1213  identity of the law enforcement agency conducting the
 1214  investigation.
 1215         (b) A statement setting forth a reasonable period of time
 1216  that the mobile tracking device may be used or the location data
 1217  may be obtained in real-time, not to exceed 45 days after the
 1218  date the warrant is issued. The court may, for good cause, grant
 1219  one or more extensions for a reasonable period of time, not to
 1220  exceed 45 days each. When seeking historical location data, the
 1221  applicant must specify a data range for the data sought
 1222  certification by the applicant that the information likely to be
 1223  obtained is relevant to an ongoing criminal investigation being
 1224  conducted by the investigating agency.
 1225         (c) A statement of the offense to which the information
 1226  likely to be obtained relates.
 1227         (d) A statement as to whether it may be necessary to use
 1228  and monitor the mobile tracking device outside the jurisdiction
 1229  of the court from which authorization is being sought.
 1230         (4)(3) Upon application made as provided under subsection
 1231  (3) (2), the court, if it finds probable cause that the
 1232  certification and finds that the statements required by
 1233  subsection (3) (2) have been made in the application, must grant
 1234  a warrant shall enter an ex parte order authorizing real-time
 1235  location tracking or the acquisition of historical location data
 1236  the installation and use of a mobile tracking device. Such
 1237  warrant order may authorize the use of the mobile tracking
 1238  device within the jurisdiction of the court and outside that
 1239  jurisdiction but within the State of Florida if the mobile
 1240  tracking device is installed within the jurisdiction of the
 1241  court. The warrant must command the officer to complete any
 1242  installation authorized by the warrant within a specified period
 1243  of time not to exceed 10 calendar days.
 1244         (5)(4) A court may not require greater specificity or
 1245  additional information beyond that which is required by law and
 1246  this section as a requisite for issuing a warrant an order.
 1247         (6)Within 10 days after the time period specified in
 1248  paragraph (3)(b) has ended, the officer executing a warrant must
 1249  return the warrant to the issuing judge. When the warrant is
 1250  authorizing historical location data, the officer executing the
 1251  warrant must return the warrant to the issuing judge within 10
 1252  days after receipt of the records. The officer may do so by
 1253  reliable electronic means.
 1254         (7)Within 10 days after the time period specified in
 1255  paragraph (3)(b) has ended, the officer executing a warrant must
 1256  serve a copy of the warrant on the person who, or whose
 1257  property, was tracked. When the warrant is authorizing
 1258  historical location data, the officer executing the warrant must
 1259  serve a copy of the warrant on the person whose data was
 1260  obtained within 10 days after receipt of the records. Service
 1261  may be accomplished by delivering a copy to the person who, or
 1262  whose property, was tracked or data obtained or by leaving a
 1263  copy at the person’s residence or usual place of abode with an
 1264  individual of suitable age and discretion who resides at that
 1265  location and by mailing a copy to the person’s last known
 1266  address. Upon a showing of good cause to a court of competent
 1267  jurisdiction, the court may grant one or more postponements of
 1268  this notice for a period of 90 days each.
 1269         (8)(5) The standards established by Florida courts and the
 1270  United States Supreme Court for the installation, use, or and
 1271  monitoring of mobile tracking devices and the acquisition of
 1272  location data shall apply to the installation, use, or
 1273  monitoring and use of any device and the acquisition of location
 1274  data as authorized by this section.
 1275         (6)As used in this section, a “tracking device” means an
 1276  electronic or mechanical device which permits the tracking of
 1277  the movement of a person or object.
 1278         (9)(a)Notwithstanding any other provision of this chapter,
 1279  any investigative or law enforcement officer specially
 1280  designated by the Governor, the Attorney General, the statewide
 1281  prosecutor, or a state attorney acting pursuant to this chapter
 1282  who reasonably determines that:
 1283         1.An emergency exists which:
 1284         a.Involves immediate danger of death or serious physical
 1285  injury to any person or the danger of escape of a prisoner; and
 1286         b. Requires real-time location tracking before a warrant
 1287  authorizing such tracking can, with due diligence, be obtained;
 1288  and
 1289         2. There are grounds upon which a warrant could be issued
 1290  under this chapter to authorize such tracking,
 1291  
 1292  may engage in real-time location tracking if, within 48 hours
 1293  after the tracking has occurred or begins to occur, a warrant
 1294  approving the tracking is issued in accordance with this
 1295  section.
 1296         (b) In the absence of an authorizing warrant, such tracking
 1297  must immediately terminate when the information sought is
 1298  obtained, when the application for the warrant is denied, or
 1299  when 48 hours have lapsed since the tracking began, whichever is
 1300  earlier.
 1301         Section 23. Section 943.687, Florida Statutes, is created
 1302  to read:
 1303         943.687Criminal justice data transparency.—In order to
 1304  facilitate the availability of comparable and uniform criminal
 1305  justice data, the department shall:
 1306         (1)Collect, compile, maintain, and manage the data
 1307  submitted by local and state entities pursuant to s. 900.05 and
 1308  coordinate related activities to collect and submit data. The
 1309  department shall create a unique identifier for each criminal
 1310  case received from the clerks of court which identifies the
 1311  person who is the subject of the criminal case. The unique
 1312  identifier must be the same for that person in any court case.
 1313  The department must compile all data collected and reported by
 1314  local or state entities associated with a person and maintain
 1315  all such relevant data under the unique identifier that is
 1316  assigned. The unique identifier shall be the sole data element
 1317  used to identify an individual in any public forum including an
 1318  Internet-based database created under this section. The unique
 1319  identifier shall be randomly created and may not include any
 1320  portion of the person’s name, social security number, or date of
 1321  birth. Any information that is exempt or confidential and exempt
 1322  under other provisions of law that is obtained by a local or
 1323  state entity under s. 900.05 and required to be published by the
 1324  department under this section retains its exempt or confidential
 1325  and exempt status when held by the department.
 1326         (2)Promote criminal justice data sharing by making such
 1327  data received under s. 900.05 comparable, transferable, and
 1328  readily usable.
 1329         (3)Create and maintain an Internet-based database of
 1330  criminal justice data received under s. 900.05 in a modern,
 1331  open, electronic format that is machine-readable and readily
 1332  accessible through an application program interface. The
 1333  database must allow the public to search, at a minimum, by data
 1334  element, county, judicial circuit, and unique identifier, in
 1335  accordance with s. 900.05(4). The department may not require a
 1336  license or charge a fee to access or receive information from
 1337  the database.
 1338         (4)Develop written agreements with local, state, and
 1339  federal agencies to facilitate criminal justice data sharing.
 1340         (5)Establish by rule:
 1341         (a)Requirements for the entities subject to the
 1342  requirements of s. 900.05 to submit data through an application
 1343  program interface.
 1344         (b)A data catalog defining data objects, describing data
 1345  fields, and detailing the meaning of and options for each data
 1346  element reported pursuant to s. 900.05.
 1347         (c)How data collected pursuant to s. 900.05 is compiled,
 1348  processed, structured, used, or shared. The rule shall provide
 1349  for the tagging of all information associated with each case
 1350  number and unique identifier.
 1351         (d)Requirements for implementing and monitoring the
 1352  Internet-based database established under subsection (3).
 1353         (e)How information contained in the Internet-based
 1354  database established under subsection (3) is accessed by the
 1355  public.
 1356         (6)Consult with local, state, and federal criminal justice
 1357  agencies and other public and private users of the database
 1358  established under subsection (3) on the data elements collected
 1359  under s. 900.05, the use of such data, and adding data elements
 1360  to be collected.
 1361         (7)Monitor data collection procedures and test data
 1362  quality to facilitate the dissemination of accurate, valid,
 1363  reliable, and complete criminal justice data.
 1364         (8)Develop methods for archiving data, retrieving archived
 1365  data, and data editing and verification.
 1366         Section 24. Subsection (1) of section 943.13, Florida
 1367  Statutes, is amended to read:
 1368         943.13 Officers’ minimum qualifications for employment or
 1369  appointment.—On or after October 1, 1984, any person employed or
 1370  appointed as a full-time, part-time, or auxiliary law
 1371  enforcement officer or correctional officer; on or after October
 1372  1, 1986, any person employed as a full-time, part-time, or
 1373  auxiliary correctional probation officer; and on or after
 1374  October 1, 1986, any person employed as a full-time, part-time,
 1375  or auxiliary correctional officer by a private entity under
 1376  contract to the Department of Corrections, to a county
 1377  commission, or to the Department of Management Services shall:
 1378         (1) Be at least 19 years of age, except that any person
 1379  employed as a full-time, part-time, or auxiliary correctional
 1380  officer may be at least 18 years of age.
 1381         Section 25. Section 944.145, Florida Statutes, is created
 1382  to read:
 1383         944.145 Correctional officers under the age of 19.—A
 1384  correctional officer who is under the age of 19 years may not
 1385  supervise inmates, but may perform all of the other duties
 1386  performed by a full-time, part-time, or auxiliary correctional
 1387  officer.
 1388         Section 26. Subsection (3) of section 944.704, Florida
 1389  Statutes, is amended to read:
 1390         944.704 Staff who provide transition assistance; duties.
 1391  The department shall provide a transition assistance specialist
 1392  at each of the major institutions whose duties include, but are
 1393  not limited to:
 1394         (3) Obtaining job placement information which must include
 1395  identifying any job assignment credentialing or industry
 1396  certifications for which an inmate is eligible.
 1397  
 1398  The transition assistance specialist may not be a correctional
 1399  officer or correctional probation officer as defined in s.
 1400  943.10.
 1401         Section 27. Present subsections (3), (4), (5), and (6) of
 1402  section 944.705, Florida Statutes, are renumbered as subsections
 1403  (4), (5), (6), and (10), respectively, and a new subsection (3)
 1404  and subsections (7), (8), (9), and (11) are added to that
 1405  section, to read:
 1406         944.705 Release orientation program.—
 1407         (3) Each inmate shall receive a comprehensive community
 1408  reentry resource directory organized by the county to which the
 1409  inmate is being released. The directory shall include the name,
 1410  address, and telephone number of each provider, and a
 1411  description of services offered. The directory must also include
 1412  the name, address, and telephone number of existing portals of
 1413  entry.
 1414         (7) The department shall allow a nonprofit faith-based,
 1415  business and professional, civic, or community organization to
 1416  apply to be registered under this section to provide inmate
 1417  reentry services. Reentry services include, but are not limited
 1418  to, counseling; providing information on housing and job
 1419  placement; money management assistance; and programs addressing
 1420  substance abuse, mental health, or co-occurring conditions.
 1421         (8) The department shall adopt policies and procedures for
 1422  screening, approving, and registering an organization that
 1423  applies to be registered to provide inmate reentry services
 1424  under subsection (7). The department may deny approval and
 1425  registration of an organization or a representative from an
 1426  organization if it determines that the organization or
 1427  representative does not meet the department’s policies or
 1428  procedures.
 1429         (9) The department may contract with a public or private
 1430  educational institution’s Veteran’s Advocacy Clinic or Veteran’s
 1431  Legal Clinic to assist qualified veterans who are inmates in
 1432  applying for veteran’s assistance benefits upon release.
 1433         (11) The department shall adopt rules to implement this
 1434  section.
 1435         Section 28. Present subsections (4) and (5) of section
 1436  944.801, Florida Statutes, are renumbered as subsections (5) and
 1437  (6), respectively, and a new subsection (4) and subsection (7)
 1438  are added to that section, to read:
 1439         944.801 Education for state prisoners.—
 1440         (4) The department may only contract for 100 percent of the
 1441  cost to provide educational services under the Correctional
 1442  Education Program to state inmates with an appropriate entity,
 1443  including a district school board, the Florida Virtual School, a
 1444  Florida College System institution, a virtual education provider
 1445  approved by the State Board of Education, a charter school
 1446  authorized to operate under s. 1002.33, or an entity certified
 1447  under s. 445.06. The educational services may include any
 1448  educational, career, or workforce education training that is
 1449  authorized by the department.
 1450         (7) The Correctional Education Program may develop a Prison
 1451  Entrepreneurship Program and adopt procedures for admitting
 1452  student inmates. If the department elects to develop the
 1453  program, it must include at least 180 days of in-prison
 1454  education. Program curriculum must include a component on
 1455  developing a business plan, procedures for graduation and
 1456  certification of successful student inmates, and at least 90
 1457  days of transitional and postrelease continuing education
 1458  services. Transitional and postrelease continuing education
 1459  services may be offered to graduate student inmates on a
 1460  voluntary basis and may not be a requirement for completion of
 1461  the program. The department shall enter into agreements with
 1462  public or private community colleges, junior colleges, colleges,
 1463  universities, or other nonprofit entities to implement the
 1464  program. The program shall be funded within existing resources.
 1465         Section 29. Section 945.041, Florida Statutes, is created
 1466  to read:
 1467         945.041Department of Corrections reports.—The department
 1468  shall publish on its website and make available to the public
 1469  the following information, updated on a quarterly basis:
 1470         (1)Inmate admissions by offense type. Burglary offenses
 1471  under s. 810.02(2), (3)(a), and (3)(b) must be reported as a
 1472  separate category from all other property crimes.
 1473         (2)The rates of rearrest, reconviction, reincarceration,
 1474  and probation revocation, in this state within a 3-year time
 1475  period following an inmate’s release from incarceration.
 1476         Section 30. Paragraph (d) is added to subsection (1) of
 1477  section 945.091, Florida Statutes, to read:
 1478         945.091 Extension of the limits of confinement; restitution
 1479  by employed inmates.—
 1480         (1) The department may adopt rules permitting the extension
 1481  of the limits of the place of confinement of an inmate as to
 1482  whom there is reasonable cause to believe that the inmate will
 1483  honor his or her trust by authorizing the inmate, under
 1484  prescribed conditions and following investigation and approval
 1485  by the secretary, or the secretary’s designee, who shall
 1486  maintain a written record of such action, to leave the confines
 1487  of that place unaccompanied by a custodial agent for a
 1488  prescribed period of time to:
 1489         (d) Participate in supervised community release as
 1490  prescribed by the department by rule. The inmate’s participation
 1491  may begin 90 days before his or her provisional or tentative
 1492  release date. Such supervised community release must include
 1493  electronic monitoring and community control as defined in s.
 1494  948.001. The department must administer a risk assessment
 1495  instrument to appropriately determine an inmate’s ability to be
 1496  released pursuant to this paragraph.
 1497         1.If a participating inmate fails to comply with the
 1498  conditions prescribed by the department by rule for supervised
 1499  community release, the department may terminate the inmate’s
 1500  supervised community release and return him or her to the same
 1501  or another institution designated by the department. A law
 1502  enforcement officer or a probation officer may arrest the inmate
 1503  without a warrant in accordance with s. 948.06, if there are
 1504  reasonable grounds to believe he or she has violated the terms
 1505  and conditions of supervised community release. The law
 1506  enforcement officer or probation officer must report the
 1507  inmate’s alleged violations to a correctional officer for
 1508  disposition of disciplinary charges as prescribed by the
 1509  department by rule.
 1510         2.An inmate participating in supervised community release
 1511  under this paragraph remains eligible to earn or lose gain-time
 1512  in accordance with s. 944.275 and department rule, but may not
 1513  receive gain-time or other sentence credit in an amount that
 1514  would cause his or her sentence to expire, end, or terminate, or
 1515  that would result in his or her release, before serving a
 1516  minimum of 85 percent of the sentence imposed. The inmate may
 1517  not be counted in the population of the prison system and the
 1518  inmate’s approved community-based housing location may not be
 1519  counted in the capacity figures for the prison system.
 1520         Section 31. Present subsections (4), (5), and (6) through
 1521  (15) of section 947.005, Florida Statutes, are redesignated as
 1522  subsections (5), (6), and (8) through (17), respectively, and
 1523  new subsections (4) and (7) are added to that section, to read:
 1524         947.005 Definitions.—As used in this chapter, unless the
 1525  context clearly indicates otherwise:
 1526         (4) “Conditional medical release” means the release from a
 1527  state correctional institution or facility under this chapter
 1528  for medical or mental health treatment pursuant to s. 947.149.
 1529         (7) “Electronic monitoring device” means an electronic or
 1530  telecommunications device that is used to track and supervise
 1531  the location of a person. Such devices include, but are not
 1532  limited to, voice tracking systems, position tracking systems,
 1533  position location systems, or biometric tracking systems.
 1534         Section 32. Subsection (1) of section 947.149, Florida
 1535  Statutes, is amended to read:
 1536         947.149 Conditional medical release.—
 1537         (1) The commission shall, in conjunction with the
 1538  department, establish the conditional medical release program.
 1539  An inmate is eligible for consideration for release under the
 1540  conditional medical release program when the inmate, because of
 1541  an existing medical or physical condition, is determined by the
 1542  department to be within one of the following designations:
 1543         (a) “Permanently incapacitated inmate,” which means an
 1544  inmate who has a condition caused by injury, disease, or illness
 1545  which, to a reasonable degree of medical certainty, renders the
 1546  inmate permanently and irreversibly physically incapacitated to
 1547  the extent that the inmate does not constitute a danger to
 1548  herself or himself or others.
 1549         (b) “Terminally ill inmate,” which means an inmate who has
 1550  a condition caused by injury, disease, or illness which, to a
 1551  reasonable degree of medical certainty, renders the inmate
 1552  terminally ill to the extent that there can be no recovery and
 1553  death is expected within 12 months is imminent, so that the
 1554  inmate does not constitute a danger to herself or himself or
 1555  others.
 1556         Section 33. Subsection (1) of section 948.001, Florida
 1557  Statutes, is amended to read:
 1558         948.001 Definitions.—As used in this chapter, the term:
 1559         (1) “Administrative probation” means a form of no contact,
 1560  nonreporting supervision in which an offender who presents a low
 1561  risk of harm to the community may, upon satisfactory completion
 1562  of half the term of probation, be transferred by the Department
 1563  of Corrections to this type of reduced level of supervision, as
 1564  provided in s. 948.013.
 1565         Section 34. Subsection (1) of section 948.013, Florida
 1566  Statutes, is amended to read:
 1567         948.013 Administrative probation.—
 1568         (1) A court may sentence an offender to administrative
 1569  probation if he or she presents a low risk of harm to the
 1570  community. The Department of Corrections may transfer an
 1571  offender to administrative probation if he or she presents a low
 1572  risk of harm to the community and has satisfactorily completed
 1573  at least half of the probation term. The department of
 1574  Corrections may establish procedures for transferring an
 1575  offender to administrative probation. The department may collect
 1576  an initial processing fee of up to $50 for each probationer
 1577  transferred to administrative probation. The offender is exempt
 1578  from further payment for the cost of supervision as required in
 1579  s. 948.09.
 1580         Section 35. Subsection (3) is added to section 948.03,
 1581  Florida Statutes, to read:
 1582         948.03 Terms and conditions of probation.—
 1583         (3) The Department of Corrections shall include all
 1584  conditions of probation for each probationer, as determined by
 1585  the court, in the Florida Crime Information Center database.
 1586         Section 36. Subsection (1) of section 948.06, Florida
 1587  Statutes, is amended, and subsection (9) is added to that
 1588  section, to read:
 1589         948.06 Violation of probation or community control;
 1590  revocation; modification; continuance; failure to pay
 1591  restitution or cost of supervision.—
 1592         (1)(a) Whenever within the period of probation or community
 1593  control there are reasonable grounds to believe that a
 1594  probationer or offender in community control has violated his or
 1595  her probation or community control in a material respect, any
 1596  law enforcement officer who is aware of the probationary or
 1597  community control status of the probationer or offender in
 1598  community control or any probation officer may arrest or request
 1599  any county or municipal law enforcement officer to arrest such
 1600  probationer or offender without warrant wherever found and
 1601  return him or her to the court granting such probation or
 1602  community control.
 1603         (b) Any committing trial court judge may issue a warrant,
 1604  upon the facts being made known to him or her by affidavit of
 1605  one having knowledge of such facts, for the arrest of the
 1606  probationer or offender, returnable forthwith before the court
 1607  granting such probation or community control. In lieu of issuing
 1608  a warrant for arrest, the committing trial court judge may issue
 1609  a notice to appear if the probationer or offender in community
 1610  control has never been convicted of committing, and is not
 1611  currently alleged to have committed, a qualifying offense as
 1612  defined in this section.
 1613         (c) If a probationer or offender on community control
 1614  commits a technical violation, the probation officer must
 1615  determine whether he or she is eligible for the alternative
 1616  sanctioning program under subsection (9). If the probationer or
 1617  offender on community control is eligible, the probation officer
 1618  may proceed with the alternative sanctioning program in lieu of
 1619  filing an affidavit of violation with the court. For purposes of
 1620  this section, the term “technical violation” means an alleged
 1621  violation of supervision that is not a new felony offense,
 1622  misdemeanor offense, or criminal traffic offense.
 1623         (d)(c) If a judge finds reasonable grounds to believe that
 1624  a probationer or an offender has violated his or her probation
 1625  or community control in a material respect by committing a new
 1626  violation of law, the judge may issue a warrant for the arrest
 1627  of the person.
 1628         (e)(d)1. At a first appearance hearing for an offender who
 1629  has been arrested for violating his or her probation or
 1630  community control in a material respect by committing a new
 1631  violation of law the court:
 1632         a. Shall inform the person of the violation.
 1633         b. May order the person to be taken before the court that
 1634  granted the probation or community control if the person admits
 1635  the violation.
 1636         2. If the probationer or offender does not admit the
 1637  violation at the first appearance hearing, the court:
 1638         a. May commit the probationer or offender or may release
 1639  the person with or without bail to await further hearing,
 1640  notwithstanding s. 907.041, relating to pretrial detention and
 1641  release; or
 1642         b. May order the probationer or offender to be brought
 1643  before the court that granted the probation or community
 1644  control.
 1645         3. In determining whether to require or set the amount of
 1646  bail, and notwithstanding s. 907.041, relating to pretrial
 1647  detention and release, the court may consider whether the
 1648  probationer or offender is more likely than not to receive a
 1649  prison sanction for the violation.
 1650  
 1651  This paragraph does not apply to a probationer or offender on
 1652  community control who is subject to the hearing requirements
 1653  under subsection (4) or paragraph (8)(e).
 1654         (f)(e) Any probation officer, any officer authorized to
 1655  serve criminal process, or any peace officer of this state is
 1656  authorized to serve and execute such warrant. Any probation
 1657  officer is authorized to serve such notice to appear.
 1658         (g)(f) Upon the filing of an affidavit alleging a violation
 1659  of probation or community control and following issuance of a
 1660  warrant for such violation, a warrantless arrest under this
 1661  section, or a notice to appear under this section, the
 1662  probationary period is tolled until the court enters a ruling on
 1663  the violation. Notwithstanding the tolling of probation, the
 1664  court shall retain jurisdiction over the offender for any
 1665  violation of the conditions of probation or community control
 1666  that is alleged to have occurred during the tolling period. The
 1667  probation officer is permitted to continue to supervise any
 1668  offender who remains available to the officer for supervision
 1669  until the supervision expires pursuant to the order of probation
 1670  or community control or until the court revokes or terminates
 1671  the probation or community control, whichever comes first.
 1672         (h)(g) The chief judge of each judicial circuit may direct
 1673  the department to use a notification letter of a technical
 1674  violation in appropriate cases in lieu of a violation report,
 1675  affidavit, and warrant or a notice to appear when the alleged
 1676  violation is not a new felony or misdemeanor offense. Such
 1677  direction must be in writing and must specify the types of
 1678  specific technical violations which are to be reported by a
 1679  notification letter of a technical violation, any exceptions to
 1680  those violations, and the required process for submission. At
 1681  the direction of the chief judge, the department shall send the
 1682  notification letter of a technical violation to the court.
 1683         (h)1. The chief judge of each judicial circuit, in
 1684  consultation with the state attorney, the public defender, and
 1685  the department, may establish an alternative sanctioning program
 1686  in which the department, after receiving court approval, may
 1687  enforce specified sanctions for certain technical violations of
 1688  supervision. For purposes of this paragraph, the term “technical
 1689  violation” means any alleged violation of supervision that is
 1690  not a new felony offense, misdemeanor offense, or criminal
 1691  traffic offense.
 1692         2. To establish an alternative sanctioning program, the
 1693  chief judge must issue an administrative order specifying:
 1694         a. Eligibility criteria.
 1695         b. The technical violations that are eligible for the
 1696  program.
 1697         c. The sanctions that may be recommended by a probation
 1698  officer for each technical violation.
 1699         d. The process for reporting technical violations through
 1700  the alternative sanctioning program, including approved forms.
 1701         3. If an offender is alleged to have committed a technical
 1702  violation of supervision that is eligible for the program, the
 1703  offender may:
 1704         a. Waive participation in the alternative sanctioning
 1705  program, in which case the probation officer may submit a
 1706  violation report, affidavit, and warrant to the court in
 1707  accordance with this section; or
 1708         b. Elect to participate in the alternative sanctioning
 1709  program after receiving written notice of an alleged technical
 1710  violation and a disclosure of the evidence against the offender,
 1711  admit to the technical violation, agree to comply with the
 1712  probation officer’s recommended sanction if subsequently ordered
 1713  by the court, and agree to waive the right to:
 1714         (I) Be represented by legal counsel.
 1715         (II) Require the state to prove his or her guilt before a
 1716  neutral and detached hearing body.
 1717         (III) Subpoena witnesses and present to a judge evidence in
 1718  his or her defense.
 1719         (IV) Confront and cross-examine adverse witnesses.
 1720         (V) Receive a written statement from a factfinder as to the
 1721  evidence relied on and the reasons for the sanction imposed.
 1722         4. If the offender admits to committing the technical
 1723  violation and agrees with the probation officer’s recommended
 1724  sanction, the probation officer must, before imposing the
 1725  sanction, submit the recommended sanction to the court as well
 1726  as documentation reflecting the offender’s admission to the
 1727  technical violation and agreement with the recommended sanction.
 1728         5. The court may impose the recommended sanction or may
 1729  direct the department to submit a violation report, affidavit,
 1730  and warrant to the court in accordance with this section.
 1731         6. An offender’s participation in an alternative
 1732  sanctioning program is voluntary. The offender may elect to
 1733  waive or discontinue participation in an alternative sanctioning
 1734  program at any time before the issuance of a court order
 1735  imposing the recommended sanction.
 1736         7. If an offender waives or discontinues participation in
 1737  an alternative sanctioning program, the probation officer may
 1738  submit a violation report, affidavit, and warrant to the court
 1739  in accordance with this section. The offender’s prior admission
 1740  to the technical violation may not be used as evidence in
 1741  subsequent proceedings.
 1742         (i) The court may allow the department to file an
 1743  affidavit, notification letter, violation report, or other
 1744  report under this section by facsimile or electronic submission.
 1745         (9)(a) For a first or second low-risk violation, as defined
 1746  in paragraph (b), within the current term of supervision, a
 1747  probation officer may offer an eligible probationer one or more
 1748  of the following as an alternative sanction:
 1749         1. Up to 5 days in the county detention facility;
 1750         2. Up to 50 additional community service hours;
 1751         3. Counseling or treatment;
 1752         4. Support group attendance;
 1753         5. Drug testing;
 1754         6. Loss of travel or other privileges;
 1755         7. Curfew for up to 30 days;
 1756         8. House arrest for up to 30 days; or
 1757         9. Any other sanction as determined by administrative order
 1758  by the chief judge of the circuit.
 1759         (b) When committed by a probationer, a low-risk violation
 1760  includes:
 1761         1. Positive drug or alcohol test result;
 1762         2. Failure to report to the probation office;
 1763         3. Failure to report a change in address or other required
 1764  information;
 1765         4. Failure to attend a required class, treatment or
 1766  counseling session, or meeting;
 1767         5. Failure to submit to a drug or alcohol test;
 1768         6. Violation of curfew;
 1769         7. Willful nonpayment of any financial obligations that are
 1770  required as a condition of probation, including, but not limited
 1771  to, making restitution payments or payment of court costs, or a
 1772  willful noncompliance with court ordered community service
 1773  hours;
 1774         8. Leaving the county without permission;
 1775         9. Failure to report a change in employment;
 1776         10. Associating with a person engaged in criminal activity;
 1777  or
 1778         11. Any other violation as determined by administrative
 1779  order of the chief judge of the circuit.
 1780         (c) For a first moderate-risk violation, as defined in
 1781  paragraph (d), within the current term of supervision, a
 1782  probation officer, with supervisor approval, may offer an
 1783  eligible probationer or offender on community control one or
 1784  more of the following as an alternative sanction:
 1785         1. Up to 21 days in the county detention facility;
 1786         2. Curfew for up to 90 days;
 1787         3. House arrest for up to 90 days;
 1788         4. Electronic monitoring for up to 90 days;
 1789         5. Residential treatment for up to 90 days;
 1790         6. Any other sanction available for a low-risk violation;
 1791  or
 1792         7. Any other sanction as determined by administrative order
 1793  of the chief judge of the circuit.
 1794         (d) A moderate-risk violation includes:
 1795         1. A violation listed under paragraph (b) when committed by
 1796  an offender on community control;
 1797         2. Failure to remain at an approved residence by an
 1798  offender on community control;
 1799         3. A third or subsequent violation listed under paragraph
 1800  (b) by a probationer within the current term of supervision; or
 1801         4. Any other violation as determined by administrative
 1802  order by the chief judge of the circuit.
 1803         (e) A probationer or offender on community control is not
 1804  eligible for an alternative sanction if:
 1805         1. He or she is a violent felony offender of special
 1806  concern, as defined in paragraph (8)(b).
 1807         2. The violation is due to the commission of a new felony,
 1808  a misdemeanor, or a criminal traffic offense.
 1809         3. The violation is absconding.
 1810         4. The violation is of a stay-away order or no-contact
 1811  order.
 1812         5. The violation is not identified as low-risk or moderate
 1813  risk under this subsection or by administrative order.
 1814         6.He or she has a prior moderate-risk level violation
 1815  during the current term of supervision.
 1816         7.He or she has three or more prior low-risk level
 1817  violations during the current term of supervision.
 1818         8. The term of supervision is scheduled to terminate in
 1819  less than 90 days.
 1820         9. The terms of the sentence prohibit alternative
 1821  sanctioning.
 1822         (f) If a probationer or offender on community control is
 1823  eligible for the alternative sanctioning program, he or she may:
 1824         1. Waive participation in the program, in which case the
 1825  probation officer may submit a violation report, affidavit, and
 1826  warrant to the court; or
 1827         2. Elect to participate in the program after receiving
 1828  written notice of an alleged technical violation and disclosure
 1829  of the evidence against him or her, admit to the technical
 1830  violation, agree to comply with the probation officer’s
 1831  recommended sanction if subsequently ordered by the court, and
 1832  agree to waive the right to:
 1833         a. Be represented by legal counsel.
 1834         b. Require the state to prove his or her guilt before a
 1835  neutral and detached hearing body.
 1836         c. Subpoena witnesses and present to a judge evidence in
 1837  his or her defense.
 1838         d. Confront and cross-examine adverse witnesses.
 1839         e. Receive a written statement from a judge as to the
 1840  evidence relied on and the reasons for the sanction imposed.
 1841         3. If the probationer or offender on community control
 1842  admits to committing the technical violation and agrees with the
 1843  probation officer’s recommended sanction, the probation officer
 1844  must, before imposing the sanction, submit the recommended
 1845  sanction to the court with documentation reflecting the
 1846  probationer’s admission to the technical violation and agreement
 1847  with the recommended sanction.
 1848         (g) The court may impose the recommended sanction or direct
 1849  the department to submit a violation report, affidavit, and
 1850  warrant to the court.
 1851         (h) An offender’s participation in the program is
 1852  voluntary. The probationer or offender on community control may
 1853  waive or discontinue participation in the program at any time
 1854  before the court imposes a recommended sanction.
 1855         (i) If a probationer or offender on community control
 1856  waives or discontinues participation in the program or fails to
 1857  complete successfully all alternative sanctions within 90 days
 1858  of imposition or within the timeframe specified in the agreed
 1859  upon sanction, the probation officer may submit a violation
 1860  report, affidavit, and warrant to the court. A prior admission
 1861  by the probationer or offender on community control to a
 1862  technical violation may not be used as evidence in subsequent
 1863  proceedings.
 1864         (j) Each judicial circuit shall establish an alternative
 1865  sanctioning program as provided in this subsection. The chief
 1866  judge of each judicial circuit may, by administrative order,
 1867  define additional sanctions or eligibility criteria and specify
 1868  the process for reporting technical violations through the
 1869  alternative sanctioning program.
 1870         Section 37. Section 948.081, Florida Statutes, is created
 1871  to read:
 1872         948.081 Community court programs.—
 1873         (1) Each judicial circuit may establish a community court
 1874  program for defendants charged with certain misdemeanor and
 1875  third-degree felony offenses. Each community court shall, at a
 1876  minimum:
 1877         (a) Adopt a nonadversarial approach.
 1878         (b) Establish an advisory committee to recommend solutions
 1879  and sanctions in each case.
 1880         (c) Consider the needs of the victim.
 1881         (d)Consider individualized treatment services for the
 1882  defendant.
 1883         (e) Provide for judicial leadership and interaction.
 1884         (f) Monitor the defendant’s compliance.
 1885         (2) In the event a county elects to establish a community
 1886  court program pursuant to this section, the chief judge of the
 1887  judicial circuit shall, by administrative order, specify each
 1888  misdemeanor or felony crime eligible for the community court
 1889  program. In making such determination, the chief judge shall
 1890  consider the particular needs and concerns of the communities
 1891  within the judicial circuit.
 1892         (3) The Department of Corrections, Department of Juvenile
 1893  Justice, Department of Health, Department of Law Enforcement,
 1894  Department of Education, law enforcement agencies, and other
 1895  government entities involved in the criminal justice system
 1896  shall support such community court programs.
 1897         (4) A defendant’s entry into a community court program must
 1898  be voluntary.
 1899         (5) Each community court program shall have a resource
 1900  coordinator who:
 1901         (a) Coordinates the responsibilities of the participating
 1902  agencies and service providers;
 1903         (b) Provides case management services;
 1904         (c) Monitors compliance by defendants with court
 1905  requirements; and
 1906         (d) Manages the collection of data for program evaluation
 1907  and accountability.
 1908         (6) The chief judge of the judicial circuit shall appoint
 1909  an advisory committee for each community court. Membership must
 1910  include, at a minimum:
 1911         (a) The chief judge or a community court judge designated
 1912  by the chief judge, who shall serve as chair;
 1913         (b) The state attorney;
 1914         (c) The public defender; and
 1915         (d) The community court resource coordinator.
 1916  
 1917  The committee may also include community stakeholders, treatment
 1918  representatives, and other persons the chair deems appropriate.
 1919         (7) The advisory committee shall review each defendant’s
 1920  case. Each committee member may make recommendations to the
 1921  judge, including appropriate sanctions and treatment solutions
 1922  for the defendant. The judge shall consider such recommendations
 1923  and make the final decision concerning sanctions and treatment
 1924  with respect to each defendant.
 1925         (8) Each judicial circuit that establishes a community
 1926  court program pursuant to this section shall report client-level
 1927  and programmatic data to the Office of the State Courts
 1928  Administrators annually for program evaluation. Client-level
 1929  data include primary offenses resulting in the community court
 1930  referral or sentence, treatment compliance, completion status,
 1931  reasons for failing to complete the program, offenses committed
 1932  during treatment and sanctions imposed, frequency of court
 1933  appearances, and units of service. Programmatic data include
 1934  referral and screening procedures, eligibility criteria, type
 1935  and duration of treatment offered, and residential treatment
 1936  resources.
 1937         (9) Community court program funding must be secured from
 1938  sources other than the state for costs not assumed by the state
 1939  under s. 29.004. However, this subsection does not preclude the
 1940  use of funds provided for treatment and other services through
 1941  state executive branch agencies.
 1942         Section 38. Section 948.33, Florida Statutes, is created to
 1943  read:
 1944         948.33Prosecution for violation of probation and community
 1945  control arrest warrants of state prisoners.—A prisoner in a
 1946  state prison in this state who has an unserved violation of
 1947  probation or an unserved violation of community control warrant
 1948  for his or her arrest may file a state prisoner’s notice of
 1949  unserved warrant in the circuit court of the judicial circuit in
 1950  which the unserved warrant was issued. The prisoner must also
 1951  serve notice on the state attorney of that circuit. The circuit
 1952  court shall schedule the notice for a status hearing within 90
 1953  days after receipt of the notice. The state prisoner may not be
 1954  transported to the status hearing. At the status hearing, the
 1955  state attorney shall inform the court as to whether there is an
 1956  unserved violation of probation warrant or an unserved violation
 1957  of community control warrant for the arrest of the state
 1958  prisoner. If a warrant for either violation exists, the court
 1959  must enter an order within 30 days after the status hearing for
 1960  the transport of the state prisoner to the county jail of the
 1961  county that issued the warrant for prosecution of the violation,
 1962  and the court shall send the order to the county sheriff for
 1963  execution.
 1964         Section 39. Section 951.176, Florida Statutes, is amended
 1965  to read:
 1966         951.176 Provision of education programs for youth.—
 1967         (1) Each county may contract with an appropriate entity,
 1968  including a district school board, the Florida Virtual School, a
 1969  Florida College System institution, a virtual education provider
 1970  approved by the State Board of Education, a charter school
 1971  authorized to operate under s. 1002.33, or an entity certified
 1972  under s. 445.06, to provide educational services for inmates in
 1973  county detention facilities. The educational services may
 1974  include any educational, career, or workforce education training
 1975  that is authorized by the sheriff or chief correctional officer,
 1976  or his or her designee.
 1977         (2) Minors who have not graduated from high school and
 1978  eligible students with disabilities under the age of 22 who have
 1979  not graduated with a standard diploma or its equivalent who are
 1980  detained in a county or municipal detention facility as defined
 1981  in s. 951.23 shall be offered educational services by the local
 1982  school district in which the facility is located. These
 1983  educational services shall be based upon the estimated length of
 1984  time the youth will be in the facility and the youth’s current
 1985  level of functioning. School district superintendents or their
 1986  designees shall be notified by the county sheriff or chief
 1987  correctional officer, or his or her designee, upon the
 1988  assignment of a youth under the age of 21 to the facility. A
 1989  cooperative agreement with the local school district and
 1990  applicable law enforcement units shall be developed to address
 1991  the notification requirement and the provision of educational
 1992  services to these youth.
 1993         Section 40. Section 951.22, Florida Statutes, is amended to
 1994  read:
 1995         951.22 County detention facilities; contraband articles.—
 1996         (1) It is unlawful, except through regular channels as duly
 1997  authorized by the sheriff or officer in charge, to introduce
 1998  into or possess upon the grounds of any county detention
 1999  facility as defined in s. 951.23 or to give to or receive from
 2000  any inmate of any such facility wherever said inmate is located
 2001  at the time or to take or to attempt to take or send therefrom
 2002  any of the following articles which are hereby declared to be
 2003  contraband:
 2004         (a)for the purposes of this act, to wit: Any written or
 2005  recorded communication.;
 2006         (b) Any currency or coin.;
 2007         (c) Any article of food or clothing.;
 2008         (d) Any tobacco products as defined in s. 210.25(12).;
 2009         (e) Any cigarette as defined in s. 210.01(1).;
 2010         (f) Any cigar.;
 2011         (g) Any intoxicating beverage or beverage which causes or
 2012  may cause an intoxicating effect.;
 2013         (h) Any narcotic, hypnotic, or excitative drug or drug of
 2014  any kind or nature, including nasal inhalators, sleeping pills,
 2015  barbiturates, and controlled substances as defined in s.
 2016  893.02(4).;
 2017         (i) Any firearm or any instrumentality customarily used or
 2018  which is intended to be used as a dangerous weapon.; and
 2019         (j) Any instrumentality of any nature that may be or is
 2020  intended to be used as an aid in effecting or attempting to
 2021  effect an escape from a county facility.
 2022         (k)Any cellular telephone or other portable communication
 2023  device intentionally and unlawfully introduced inside the secure
 2024  perimeter of a county detention facility without prior
 2025  authorization or consent from the sheriff or officer in charge
 2026  of such detention facility. As used in this paragraph, the term
 2027  “portable communication device” means any device carried, worn,
 2028  or stored which is designed or intended to receive or transmit
 2029  verbal or written messages, access or store data, or connect
 2030  electronically to the Internet or any other electronic device
 2031  and which allows communications in any form. Such devices
 2032  include, but are not limited to, portable two-way pagers,
 2033  handheld radios, cellular telephones, Blackberry-type devices,
 2034  personal digital assistants or PDAs, laptop computers, or any
 2035  components of these devices which are intended to be used to
 2036  assemble such devices. The term also includes any new technology
 2037  that is developed for similar purposes. The term does not
 2038  include any device having communication capabilities which has
 2039  been approved or issued by the sheriff or officer in charge for
 2040  investigative or institutional security purposes or for
 2041  conducting other official business.
 2042         (2) A person who Whoever violates paragraph (1)(a), (b),
 2043  (c), (d), (e), (f), or (g) commits a misdemeanor of the first
 2044  degree, punishable as provided in s. 775.082 or s. 775.083. A
 2045  person who violates paragraph (1)(h), (i), (j), or (k) commits
 2046  subsection (1) shall be guilty of a felony of the third degree,
 2047  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2048         Section 41. Paragraph (b) of subsection (7) of section
 2049  1011.80, Florida Statutes, is amended to read:
 2050         1011.80 Funds for operation of workforce education
 2051  programs.—
 2052         (7)
 2053         (b) State funds provided for the operation of postsecondary
 2054  workforce programs may not be expended for the education of
 2055  state inmates with more than 24 months of time remaining to
 2056  serve on their sentence or federal inmates.
 2057         Section 42. Subsection (4) of section 1011.81, Florida
 2058  Statutes, is amended to read:
 2059         1011.81 Florida College System Program Fund.—
 2060         (4) State funds provided for the Florida College System
 2061  Program Fund may not be expended for the education of state
 2062  inmates with more than 24 months of time remaining on their
 2063  sentence or federal inmates.
 2064         Section 43. Paragraph (e) of subsection (1) of section
 2065  1011.84, Florida Statutes, is amended to read:
 2066         1011.84 Procedure for determining state financial support
 2067  and annual apportionment of state funds to each Florida College
 2068  System institution district.—The procedure for determining state
 2069  financial support and the annual apportionment to each Florida
 2070  College System institution district authorized to operate a
 2071  Florida College System institution under the provisions of s.
 2072  1001.61 shall be as follows:
 2073         (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
 2074  COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.—
 2075         (e) All state inmate education provided by Florida College
 2076  System institutions shall be reported by program, FTE
 2077  expenditure, and revenue source. These enrollments,
 2078  expenditures, and revenues shall be reported and projected
 2079  separately. Instruction of state inmates with more than 24
 2080  months of time remaining on their sentence may shall not be
 2081  included in the full-time equivalent student enrollment for
 2082  funding through the Florida College System Program Fund.
 2083         Section 44. Paragraph (b) of subsection (11) of section
 2084  320.08058, Florida Statutes, is amended to read:
 2085         320.08058 Specialty license plates.—
 2086         (11) INVEST IN CHILDREN LICENSE PLATES.—
 2087         (b) The proceeds of the Invest in Children license plate
 2088  annual use fee must be deposited into the Juvenile Crime
 2089  Prevention and Early Intervention Trust Fund within the
 2090  Department of Juvenile Justice. Based on the recommendations of
 2091  the juvenile justice councils, the department shall use the
 2092  proceeds of the fee to fund programs and services that are
 2093  designed to prevent juvenile delinquency. The department shall
 2094  allocate moneys for programs and services within each county
 2095  based on that county’s proportionate share of the license plate
 2096  annual use fee collected by the county.
 2097         Section 45. The Office of Program Policy Analysis and
 2098  Government Accountability shall conduct an analysis of the laws
 2099  and procedures pertaining to the transfer of juveniles to adult
 2100  courts for criminal prosecution. In conducting the analysis, the
 2101  office must consult with representatives from the state
 2102  attorneys, the public defenders, the judiciary, the Department
 2103  of Corrections, the Department of Juvenile Justice, members of
 2104  the private sector with expertise in child development, and
 2105  others it deems necessary. By January 1, 2019, the office shall
 2106  submit a report of its findings and recommendations to the
 2107  Speaker of the House of Representatives, the President of the
 2108  Senate, and the Governor. The report must include a review of
 2109  current applicable statutes and policies, an analysis of the
 2110  statewide use of the laws and procedures, and any
 2111  recommendations.
 2112         Section 46. Effective July 1, 2019, subsection (18) of
 2113  section 985.03, Florida Statutes, is amended to read:
 2114         985.03 Definitions.—As used in this chapter, the term:
 2115         (18) “Detention care” means the temporary care of a child
 2116  in secure or supervised release nonsecure detention, pending a
 2117  court adjudication or disposition or execution of a court order.
 2118  There are two types of detention care, as follows:
 2119         (a) “Secure detention” means temporary custody of the child
 2120  while the child is under the physical restriction of a secure
 2121  detention center or facility pending adjudication, disposition,
 2122  or placement.
 2123         (b) “Supervised release Nonsecure detention” means
 2124  temporary, nonsecure custody of the child while the child is
 2125  released to the custody of the parent, guardian, or custodian in
 2126  a physically nonrestrictive environment under the supervision of
 2127  the department staff pending adjudication, or disposition,
 2128  through programs that or placement. Forms of nonsecure detention
 2129  include, but are not limited to, home detention, electronic
 2130  monitoring, day reporting centers, evening reporting centers,
 2131  and nonsecure shelters. Supervised release Nonsecure detention
 2132  may include other requirements imposed by the court.
 2133         Section 47. Effective July 1, 2019, subsection (5) of
 2134  section 985.037, Florida Statutes, is amended to read:
 2135         985.037 Punishment for contempt of court; alternative
 2136  sanctions.—
 2137         (5) ALTERNATIVE SANCTIONS COORDINATOR.—There is created the
 2138  position of alternative sanctions coordinator within each
 2139  judicial circuit, pursuant to subsection (3). Each alternative
 2140  sanctions coordinator shall serve under the direction of the
 2141  chief administrative judge of the juvenile division as directed
 2142  by the chief judge of the circuit. The alternative sanctions
 2143  coordinator shall act as the liaison between the judiciary,
 2144  local department officials, district school board employees, and
 2145  local law enforcement agencies. The alternative sanctions
 2146  coordinator shall coordinate within the circuit community-based
 2147  alternative sanctions, including supervised release nonsecure
 2148  detention programs, community service projects, and other
 2149  juvenile sanctions, in conjunction with the circuit plan
 2150  implemented in accordance with s. 790.22(4)(c).
 2151         Section 48. Effective July 1, 2019, paragraph (a) of
 2152  subsection (1) of section 985.039, Florida Statutes, is amended
 2153  to read:
 2154         985.039 Cost of supervision; cost of care.—
 2155         (1) Except as provided in subsection (3) or subsection (4):
 2156         (a) When any child is placed into supervised release
 2157  nonsecure detention, probation, or other supervision status with
 2158  the department, or is committed to the minimum-risk
 2159  nonresidential restrictiveness level, the court shall order the
 2160  parent of such child to pay to the department a fee for the cost
 2161  of the supervision of such child in the amount of $1 per day for
 2162  each day that the child is in such status.
 2163         Section 49. Effective July 1, 2019, paragraph (d) of
 2164  subsection (1) of section 985.101, Florida Statutes, is amended
 2165  to read:
 2166         985.101 Taking a child into custody.—
 2167         (1) A child may be taken into custody under the following
 2168  circumstances:
 2169         (d) By a law enforcement officer who has probable cause to
 2170  believe that the child is in violation of the conditions of the
 2171  child’s probation, supervised release nonsecure detention,
 2172  postcommitment probation, or conditional release supervision;
 2173  has absconded from nonresidential commitment; or has escaped
 2174  from residential commitment.
 2175  
 2176  Nothing in this subsection shall be construed to allow the
 2177  detention of a child who does not meet the detention criteria in
 2178  part V.
 2179         Section 50. Section 901.41, Florida Statutes, is created to
 2180  read:
 2181         901.41Prearrest diversion of adults; program.—
 2182         (1)LEGISLATIVE INTENT.—The Legislature intends to
 2183  encourage local communities and public or private educational
 2184  institutions to implement prearrest diversion programs that
 2185  afford certain adults who fulfill specified intervention and
 2186  community service obligations the opportunity to avoid an arrest
 2187  record. The Legislature does not mandate that a particular
 2188  prearrest diversion program for adults be adopted, but finds
 2189  that the adoption of the model program provided in this section
 2190  by local communities and public or private educational
 2191  institutions would allow certain adults to avoid an arrest
 2192  record, while ensuring that they receive appropriate services
 2193  and fulfill their community service obligations. The Legislature
 2194  intends that if a community or institution implements a
 2195  prearrest diversion program, it share information with other
 2196  prearrest diversion programs.
 2197         (2)MODEL PREARREST DIVERSION PROGRAM.—The Legislature does
 2198  not mandate the adoption of a particular prearrest diversion
 2199  program for adults. However, local communities and public or
 2200  private educational institutions may adopt a prearrest diversion
 2201  program for adults in which:
 2202         (a)Law enforcement officers, at their sole discretion, may
 2203  issue a civil citation or similar prearrest diversion program
 2204  notice to certain adults who commit a qualifying misdemeanor
 2205  offense, as specified under subsection (3). A civil citation or
 2206  similar prearrest diversion program notice may be issued if the
 2207  adult who commits the offense:
 2208         1.Admits that he or she committed the offense or does not
 2209  contest the offense; and
 2210         2.Has not previously been arrested and has not received an
 2211  adult civil citation or similar prearrest diversion program
 2212  notice, unless the terms of the local adult prearrest diversion
 2213  program allows otherwise. If previous program participation is
 2214  allowed, the program must establish a limit on the number of
 2215  times that an eligible adult may participate.
 2216         (b)An adult who receives a civil citation or similar
 2217  prearrest diversion program notice shall report for intake as
 2218  required by the local prearrest diversion program. Each
 2219  participant must be provided appropriate assessment,
 2220  intervention, education, and behavioral health care services by
 2221  the program and shall perform community service hours as
 2222  specified by the program and pay restitution due to the victim.
 2223  If the participant does not successfully complete the prearrest
 2224  diversion program, the law enforcement officer who issued the
 2225  citation or notice must determine whether good cause exists to
 2226  arrest him or her for the original misdemeanor offense and, if
 2227  the person is arrested, must refer the case to the state
 2228  attorney to determine whether prosecution is appropriate or, in
 2229  the absence of a finding of good cause, allow the adult to
 2230  continue in the program.
 2231         (3)PROGRAM DEVELOPMENT; IMPLEMENTATION; OPERATION.—
 2232         (a)If a local community or public or private educational
 2233  institution elects to develop and implement a prearrest
 2234  diversion program, it must involve representatives of
 2235  participating law enforcement agencies, a representative of the
 2236  program services provider, the public defender, the state
 2237  attorney, and the clerk of the circuit court in the coordination
 2238  of implementation. These representatives and officials must
 2239  adopt policies and procedures that include, but are not limited
 2240  to, eligibility criteria, a plan and timeframe for program
 2241  implementation and operation, and the determination of the fee,
 2242  if any, to be paid by adults participating in the program. In
 2243  developing the program’s policies and procedures, which must
 2244  include the designation of the misdemeanor offenses that qualify
 2245  adults for participation in the program, the representatives
 2246  must solicit input from other interested stakeholders. The
 2247  program may be operated by an entity such as a law enforcement
 2248  agency or a county or municipality, or another entity selected
 2249  by the county or municipality.
 2250         (b)Upon intake of an adult participating in the prearrest
 2251  diversion program, the program operator shall electronically
 2252  provide the participant’s personal identifying information to
 2253  the clerk of the circuit court for the county in which the
 2254  program provides services. The clerk of the circuit court shall
 2255  maintain such information in a statewide database, which must
 2256  serve as the single point of access for all such information. If
 2257  the program imposes a participation fee, the clerk of the
 2258  circuit court must receive a reasonable portion, to be
 2259  determined by the stakeholders creating the program, for receipt
 2260  and maintenance of the required information. The fee shall be
 2261  deposited by the clerk of the circuit court into the fine and
 2262  forfeiture fund established under s. 142.01.
 2263         (4)APPLICABILITY.—This section does not preempt a county
 2264  or municipality from enacting noncriminal sanctions for a
 2265  violation of an ordinance or other violation, and it does not
 2266  preempt a county, a municipality, or a public or private
 2267  educational institution from creating its own model for a
 2268  prearrest diversion program for adults.
 2269         (5)ELIGIBILITY.—A person who commits a violent
 2270  misdemeanor, a misdemeanor crime of domestic violence, as
 2271  defined in s. 741.28, or a misdemeanor under s. 741.29, s.
 2272  741.31, s. 784.046, s. 784.047, s. 784.048, s. 784.0487, or s.
 2273  784.049 does not qualify for a civil citation or prearrest
 2274  diversion program.
 2275         Section 51. Section 943.0582, Florida Statutes, is amended
 2276  to read:
 2277         943.0582 Prearrest, postarrest, or teen court Diversion
 2278  program expunction.—
 2279         (1) Notwithstanding any law dealing generally with the
 2280  preservation and destruction of public records, the department
 2281  shall adopt rules to may provide, by rule adopted pursuant to
 2282  chapter 120, for the expunction of a any nonjudicial record of
 2283  the arrest of a minor who has successfully completed a prearrest
 2284  or postarrest diversion program for a misdemeanor offense minors
 2285  as authorized by s. 985.125.
 2286         (2)(a) As used in this section, the term:
 2287         (a)“Diversion program” means a program under s. 985.12, s.
 2288  985.125, s. 985.155, or s. 985.16 or a program to which a
 2289  referral is made by a state attorney under s. 985.15.
 2290         (b) “Expunction” has the same meaning ascribed in and
 2291  effect as s. 943.0585, except that:
 2292         1. The provisions of s. 943.0585(4)(a) do not apply, except
 2293  that the criminal history record of a person whose record is
 2294  expunged pursuant to this section shall be made available only
 2295  to criminal justice agencies for the purpose of:
 2296         a. Determining eligibility for prearrest, postarrest, or
 2297  teen court diversion programs;
 2298         b.when the record is sought as part of A criminal
 2299  investigation; or
 2300         c.Making a prosecutorial decision under s. 985.15 when the
 2301  subject of the record is a candidate for employment with a
 2302  criminal justice agency. For all other purposes, a person whose
 2303  record is expunged under this section may lawfully deny or fail
 2304  to acknowledge the arrest and the charge covered by the expunged
 2305  record.
 2306         2. Records maintained by local criminal justice agencies in
 2307  the county in which the arrest occurred that are eligible for
 2308  expunction pursuant to this section shall be sealed as the term
 2309  is used in s. 943.059.
 2310         (b)As used in this section, the term “nonviolent
 2311  misdemeanor” includes simple assault or battery when prearrest
 2312  or postarrest diversion expunction is approved in writing by the
 2313  state attorney for the county in which the arrest occurred.
 2314         (3) The department shall expunge the nonjudicial arrest
 2315  record of a minor who has successfully completed a prearrest or
 2316  postarrest diversion program if that minor:
 2317         (a) Submits an application for prearrest or postarrest
 2318  diversion expunction, on a form prescribed by the department,
 2319  signed by the minor’s parent or legal guardian, or by the minor
 2320  if he or she has reached the age of majority at the time of
 2321  applying.
 2322         (b) Submits to the department, with the application, an
 2323  official written statement from the state attorney for the
 2324  county in which the arrest occurred certifying that he or she
 2325  has successfully completed that county’s prearrest or postarrest
 2326  diversion program, that his or her participation in the program
 2327  was based on an arrest for a nonviolent misdemeanor, and that he
 2328  or she has not otherwise been charged by the state attorney
 2329  with, or found to have committed, any criminal offense or
 2330  comparable ordinance violation.
 2331         (c)Participated in a prearrest or postarrest diversion
 2332  program that expressly authorizes or permits such expunction.
 2333         (d)Participated in a prearrest or postarrest diversion
 2334  program based on an arrest for a nonviolent misdemeanor that
 2335  would not qualify as an act of domestic violence as that term is
 2336  defined in s. 741.28.
 2337         (c)(e) Has never been, before filing the application for
 2338  expunction, charged by the state attorney with, or found to have
 2339  committed, any criminal offense or comparable ordinance
 2340  violation.
 2341         (4)The department is authorized to charge a $75 processing
 2342  fee for each request received for prearrest or postarrest
 2343  diversion program expunction, for placement in the Department of
 2344  Law Enforcement Operating Trust Fund, unless such fee is waived
 2345  by the executive director.
 2346         (4)(5) Expunction or sealing granted under this section
 2347  does not prevent the minor who receives such relief from
 2348  petitioning for the expunction or sealing of a later criminal
 2349  history record as provided for in ss. 943.0583, 943.0585, and
 2350  943.059, if the minor is otherwise eligible under those
 2351  sections.
 2352         Section 52. Section 985.12, Florida Statutes, is amended to
 2353  read:
 2354         985.12 Civil citation or similar prearrest diversion
 2355  programs.—
 2356         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 2357  that the creation and implementation of civil citation or
 2358  similar prearrest diversion programs at the judicial circuit
 2359  level promotes public safety, aids interagency cooperation, and
 2360  provides the greatest chance of success for civil citation and
 2361  similar prearrest diversion programs. The Legislature further
 2362  finds that the widespread use of civil citation and similar
 2363  prearrest diversion programs has a positive effect on the
 2364  criminal justice system and contributes to an overall reduction
 2365  in the crime rate and recidivism in the state. The Legislature
 2366  encourages but does not mandate that counties, municipalities,
 2367  and public or private educational institutions participate in a
 2368  civil citation or similar prearrest diversion program created by
 2369  their judicial circuit under this section. There is established
 2370  a juvenile civil citation process for the purpose of providing
 2371  an efficient and innovative alternative to custody by the
 2372  Department of Juvenile Justice for children who commit
 2373  nonserious delinquent acts and to ensure swift and appropriate
 2374  consequences. The department shall encourage and assist in the
 2375  implementation and improvement of civil citation programs or
 2376  other similar diversion programs around the state.
 2377         (2)JUDICIAL CIRCUIT CIVIL CITATION OR SIMILAR PREARREST
 2378  DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION AND OPERATION.—
 2379         (a)A The civil citation or similar prearrest diversion
 2380  program for misdemeanor offenses shall be established in each
 2381  judicial circuit in the state. The at the local level with the
 2382  concurrence of the chief judge of the circuit, state attorney
 2383  and, public defender of each circuit, the clerk of the court for
 2384  each county in the circuit, and representatives of participating
 2385  law enforcement agencies in the circuit shall create a civil
 2386  citation or similar prearrest diversion program and develop its
 2387  policies and procedures. In developing the program’s policies
 2388  and procedures, input from other interested stakeholders may be
 2389  solicited. The department shall annually develop and provide
 2390  guidelines on best practice models for civil citation or similar
 2391  prearrest diversion programs to the judicial circuits as a
 2392  resource.
 2393         (b)Each judicial circuit’s civil citation or similar
 2394  prearrest diversion program must specify:
 2395         1.The misdemeanor offenses that qualify a juvenile for
 2396  participation in the program;
 2397         2.The eligibility criteria for the program;
 2398         3.The program’s implementation and operation;
 2399         4.The program’s requirements, including, but not limited
 2400  to, the completion of community service hours, the payment of
 2401  restitution, if applicable, and intervention services indicated
 2402  by a needs assessment of the juvenile, approved by the
 2403  department, such as family counseling, urinalysis monitoring,
 2404  and substance abuse and mental health treatment services;
 2405         5.A program fee, if any, to be paid by a juvenile
 2406  participating in the program. If the program imposes a fee, the
 2407  clerk of the court of the applicable county must receive a
 2408  reasonable portion of the fee; and
 2409         6. That law enforcement officers, at their sole discretion,
 2410  may issue a civil citation or similar prearrest diversion
 2411  program notice.
 2412         (c)The state attorney of each circuit shall operate a
 2413  civil citation or similar prearrest diversion program in each
 2414  circuit. A sheriff, police department, county, municipality, or
 2415  public or private educational institution may continue to
 2416  operate an independent civil citation or similar prearrest
 2417  diversion program that is in operation as of October 1, 2018, if
 2418  the independent program is reviewed by the state attorney of the
 2419  applicable circuit and he or she determines that the independent
 2420  program is substantially similar to the civil citation or
 2421  similar prearrest diversion program developed by the circuit. If
 2422  the state attorney determines that the independent program is
 2423  not substantially similar to the civil citation or similar
 2424  prearrest diversion program developed by the circuit, the
 2425  operator of the independent diversion program may revise the
 2426  program and the state attorney may conduct an additional review
 2427  of the independent program.
 2428         (d)A judicial circuit may model an existing sheriff,
 2429  police department, county, municipality, or public or private
 2430  educational institution’s independent civil citation or similar
 2431  prearrest diversion program in developing the civil citation or
 2432  similar prearrest diversion program for the circuit.
 2433         (e)If a juvenile does not successfully complete the civil
 2434  citation or similar prearrest diversion program, the arresting
 2435  law enforcement officer shall determine if there is good cause
 2436  to arrest the juvenile for the original misdemeanor offense and
 2437  refer the case to the state attorney to determine if prosecution
 2438  is appropriate or allow the juvenile to continue in the program
 2439  and the head of each local law enforcement agency involved. The
 2440  program may be operated by an entity such as a law enforcement
 2441  agency, the department, a juvenile assessment center, the county
 2442  or municipality, or another entity selected by the county or
 2443  municipality. An entity operating the civil citation or similar
 2444  diversion program must do so in consultation and agreement with
 2445  the state attorney and local law enforcement agencies. Under
 2446  such a juvenile civil citation or similar diversion program, a
 2447  law enforcement officer, upon making contact with a juvenile who
 2448  admits having committed a misdemeanor, may choose to issue a
 2449  simple warning or inform the child’s guardian or parent of the
 2450  child’s infraction, or may issue a civil citation or require
 2451  participation in a similar diversion program, and assess up to
 2452  50 community service hours, and require participation in
 2453  intervention services as indicated by an assessment of the needs
 2454  of the juvenile, including family counseling, urinalysis
 2455  monitoring, and substance abuse and mental health treatment
 2456  services.
 2457         (f) A copy of each civil citation or similar prearrest
 2458  diversion program notice issued under this section shall be
 2459  provided to the department, and the department shall enter
 2460  appropriate information into the juvenile offender information
 2461  system. Use of the civil citation or similar diversion program
 2462  is not limited to first-time misdemeanors and may be used in up
 2463  to two subsequent misdemeanors. If an arrest is made, a law
 2464  enforcement officer must provide written documentation as to why
 2465  an arrest was warranted.
 2466         (g) At the conclusion of a juvenile’s civil citation
 2467  program or similar prearrest diversion program, the state
 2468  attorney or operator of the independent program agency operating
 2469  the program shall report the outcome to the department. The
 2470  issuance of a civil citation or similar prearrest diversion
 2471  program notice is not considered a referral to the department.
 2472         (2)The department shall develop guidelines for the civil
 2473  citation program which include intervention services that are
 2474  based upon proven civil citation or similar diversion programs
 2475  within the state.
 2476         (h)(3) Upon issuing such a civil citation or similar
 2477  prearrest diversion program notice, the law enforcement officer
 2478  shall send a copy of to the civil citation or similar prearrest
 2479  diversion program notice to county sheriff, state attorney, the
 2480  appropriate intake office of the department, or the community
 2481  service performance monitor designated by the department, the
 2482  parent or guardian of the child, and to the victim.
 2483         (4)The child shall report to the community service
 2484  performance monitor within 7 working days after the date of
 2485  issuance of the citation. The work assignment shall be
 2486  accomplished at a rate of not less than 5 hours per week. The
 2487  monitor shall advise the intake office immediately upon
 2488  reporting by the child to the monitor, that the child has in
 2489  fact reported and the expected date upon which completion of the
 2490  work assignment will be accomplished.
 2491         (5)If the child fails to report timely for a work
 2492  assignment, complete a work assignment, or comply with assigned
 2493  intervention services within the prescribed time, or if the
 2494  juvenile commits a subsequent misdemeanor, the law enforcement
 2495  officer shall issue a report alleging the child has committed a
 2496  delinquent act, at which point a juvenile probation officer
 2497  shall process the original delinquent act as a referral to the
 2498  department and refer the report to the state attorney for
 2499  review.
 2500         (6)At the time of issuance of the citation by the law
 2501  enforcement officer, such officer shall advise the child that
 2502  the child has the option to refuse the citation and to be
 2503  referred to the intake office of the department. That option may
 2504  be exercised at any time before completion of the work
 2505  assignment.
 2506         Section 53. Subsection (3) of section 985.125, Florida
 2507  Statutes, is amended to read:
 2508         985.125 Prearrest or postarrest diversion programs.—
 2509         (3)The prearrest or postarrest diversion program may, upon
 2510  agreement of the agencies that establish the program, provide
 2511  for the expunction of the nonjudicial arrest record of a minor
 2512  who successfully completes such a program pursuant to s.
 2513  943.0582.
 2514         Section 54. Paragraphs (f) through (j) of subsection (1) of
 2515  section 985.145, Florida Statutes, are redesignated as
 2516  paragraphs (g) through (k), respectively, and a new paragraph
 2517  (f) is added to that subsection, to read:
 2518         985.145 Responsibilities of the department during intake;
 2519  screenings and assessments.—
 2520         (1) The department shall serve as the primary case manager
 2521  for the purpose of managing, coordinating, and monitoring the
 2522  services provided to the child. Each program administrator
 2523  within the Department of Children and Families shall cooperate
 2524  with the primary case manager in carrying out the duties and
 2525  responsibilities described in this section. In addition to
 2526  duties specified in other sections and through departmental
 2527  rules, the department shall be responsible for the following:
 2528         (f)Prevention web.—For a child who has no prior referral
 2529  to the department or no prior or current participation in a
 2530  civil citation program, the department shall enter all related
 2531  information into the Juvenile Justice Information System
 2532  Prevention Web until such time as formal charges are filed. If
 2533  formal charges are not filed, the information must remain in the
 2534  Juvenile Justice Information System Prevention Web until removed
 2535  pursuant to department policies.
 2536         Section 55. Section 985.126, Florida Statutes, is created
 2537  to read:
 2538         985.126Diversion programs; data collection; denial of
 2539  participation or expunged record.—
 2540         (1)As used in this section, the term “diversion program”
 2541  has the same meaning as provided in s. 943.0582.
 2542         (2)Upon issuance of documentation requiring a minor to
 2543  participate in a diversion program, before or without an arrest,
 2544  the issuing law enforcement officer shall send a copy of such
 2545  documentation to the entity designated to operate the diversion
 2546  program and to the department, which shall enter such
 2547  information into the Juvenile Justice Information System
 2548  Prevention Web.
 2549         (3)(a)Beginning October 1, 2018, each diversion program
 2550  shall submit data to the department which identifies for each
 2551  minor participating in the diversion program:
 2552         1.The race, ethnicity, gender, and age of that minor.
 2553         2.The offense committed, including the specific law
 2554  establishing the offense.
 2555         3.The judicial circuit and county in which the offense was
 2556  committed and the law enforcement agency that had contact with
 2557  the minor in connection with the offense.
 2558         4.Other demographic information necessary to properly
 2559  register a case into the Juvenile Justice Information System
 2560  Prevention Web, as specified by the department.
 2561         (b)Beginning October 1, 2018, each law enforcement agency
 2562  shall submit to the department data that identifies for each
 2563  minor who was eligible for a diversion program, but was instead
 2564  referred to the department, provided a notice to appear, or
 2565  arrested:
 2566         1.The data required pursuant to paragraph (a).
 2567         2.Information as to whether the minor was offered the
 2568  opportunity to participate in a diversion program. If the minor
 2569  was:
 2570         a.Not offered such opportunity, the reason such offer was
 2571  not made.
 2572         b.Offered such opportunity, whether the minor or his or
 2573  her parent or legal guardian declined to participate in the
 2574  diversion program.
 2575         (c)The data required pursuant to paragraph (a) shall be
 2576  submitted to the department weekly.
 2577         (d)The data required pursuant to paragraph (b) shall be
 2578  submitted on or with the arrest affidavit or notice to appear.
 2579         (4)Beginning January 1, 2019, the department shall compile
 2580  and semiannually publish the data required by subsection (3) on
 2581  the department’s website in a format that is, at a minimum,
 2582  sortable by judicial circuit, county, law enforcement agency,
 2583  race, ethnicity, gender, age, and offense committed.
 2584         (5)A minor who successfully completes a diversion program
 2585  for a first-time misdemeanor offense may lawfully deny or fail
 2586  to acknowledge his or her participation in the program and an
 2587  expunction of a nonjudicial arrest record under s. 943.0582,
 2588  unless the inquiry is made by a criminal justice agency, as
 2589  defined in s. 943.045, for a purpose described in s.
 2590  943.0582(2)(b)1.
 2591         (6)The department shall adopt rules to implement this
 2592  section.
 2593         Section 56. Effective July 1, 2019, subsections (2), (4),
 2594  and (5) of section 985.24, Florida Statutes, are amended to
 2595  read:
 2596         985.24 Use of detention; prohibitions.—
 2597         (2) A child alleged to have committed a delinquent act or
 2598  violation of law may not be placed into secure or supervised
 2599  release nonsecure detention care for any of the following
 2600  reasons:
 2601         (a) To allow a parent to avoid his or her legal
 2602  responsibility.
 2603         (b) To permit more convenient administrative access to the
 2604  child.
 2605         (c) To facilitate further interrogation or investigation.
 2606         (d) Due to a lack of more appropriate facilities.
 2607         (4)The department may, within its existing resources,
 2608  develop nonsecure, nonresidential evening reporting centers as
 2609  an alternative to placing a child in secure detention. Evening
 2610  reporting centers may be collocated with a juvenile assessment
 2611  center. If established, evening reporting centers shall serve
 2612  children and families who are awaiting a child’s court hearing
 2613  and, at a minimum, operate during the afternoon and evening
 2614  hours to provide a highly structured program of supervision.
 2615  Evening reporting centers may also provide academic tutoring,
 2616  counseling, family engagement programs, and other activities.
 2617         (4)(5) The department shall continue to identify and
 2618  develop supervised release detention options alternatives to
 2619  secure detention care and shall develop such alternatives and
 2620  annually submit them to the Legislature for authorization and
 2621  appropriation.
 2622         Section 57. Effective July 1, 2019, paragraph (b) of
 2623  subsection (2) and subsection (4) of section 985.245, Florida
 2624  Statutes, are amended to read:
 2625         985.245 Risk assessment instrument.—
 2626         (2)
 2627         (b) The risk assessment instrument shall take into
 2628  consideration, but need not be limited to, pending felony and
 2629  misdemeanor offenses, offenses committed pending adjudication,
 2630  prior offenses, unlawful possession of a firearm, prior history
 2631  of failure to appear, violations of supervision prior offenses,
 2632  offenses committed pending adjudication, any unlawful possession
 2633  of a firearm, theft of a motor vehicle or possession of a stolen
 2634  motor vehicle, and supervision probation status at the time the
 2635  child is taken into custody. The risk assessment instrument
 2636  shall also take into consideration all statutory mandates for
 2637  detention care appropriate aggravating and mitigating
 2638  circumstances, and shall be designed to target a narrower
 2639  population of children than s. 985.255. The risk assessment
 2640  instrument shall also include any information concerning the
 2641  child’s history of abuse and neglect. The risk assessment shall
 2642  indicate whether detention care is warranted, and, if detention
 2643  care is warranted, whether the child should be placed into
 2644  secure or supervised release nonsecure detention care.
 2645         (4) For a child who is under the supervision of the
 2646  department through probation, supervised release nonsecure
 2647  detention, conditional release, postcommitment probation, or
 2648  commitment and who is charged with committing a new offense, the
 2649  risk assessment instrument may be completed and scored based on
 2650  the underlying charge for which the child was placed under the
 2651  supervision of the department and the new offense.
 2652         Section 58. Effective July 1, 2019, paragraph (b) of
 2653  subsection (1) of section 985.25, Florida Statutes, is amended
 2654  to read:
 2655         985.25 Detention intake.—
 2656         (1) The department shall receive custody of a child who has
 2657  been taken into custody from the law enforcement agency or court
 2658  and shall review the facts in the law enforcement report or
 2659  probable cause affidavit and make such further inquiry as may be
 2660  necessary to determine whether detention care is appropriate.
 2661         (b) The department shall base the decision whether to place
 2662  the child into detention care on an assessment of risk in
 2663  accordance with the risk assessment instrument and procedures
 2664  developed by the department under s. 985.245, except that a
 2665  child shall be placed in secure detention care until the child’s
 2666  detention hearing if the child meets the criteria specified in
 2667  s. 985.255(1)(f) or 985.255(1)(j), is charged with possessing or
 2668  discharging a firearm on school property in violation of s.
 2669  790.115, or has been taken into custody on three or more
 2670  separate occasions within a 60-day period.
 2671  
 2672  Under no circumstances shall the department or the state
 2673  attorney or law enforcement officer authorize the detention of
 2674  any child in a jail or other facility intended or used for the
 2675  detention of adults, without an order of the court.
 2676         Section 59. Effective July 1, 2019, subsection (1) and
 2677  paragraph (a) of subsection (3) of section 985.255, Florida
 2678  Statutes, are amended to read:
 2679         985.255 Detention criteria; detention hearing.—
 2680         (1) Subject to s. 985.25(1), a child taken into custody and
 2681  placed into detention care shall be given a hearing within 24
 2682  hours after being taken into custody. At the hearing, the court
 2683  may order a continued detention status if:
 2684         (a) The result of the risk assessment instrument pursuant
 2685  to s. 985.245 indicates secure or supervised release detention.
 2686         (b) The child is alleged to be an escapee from a
 2687  residential commitment program; or an absconder from a
 2688  nonresidential commitment program, a probation program, or
 2689  conditional release supervision; or is alleged to have escaped
 2690  while being lawfully transported to or from a residential
 2691  commitment program.
 2692         (c)(b) The child is wanted in another jurisdiction for an
 2693  offense which, if committed by an adult, would be a felony.
 2694         (d)(c) The child is charged with a delinquent act or
 2695  violation of law and requests in writing through legal counsel
 2696  to be detained for protection from an imminent physical threat
 2697  to his or her personal safety.
 2698         (d)The child is charged with committing an offense of
 2699  domestic violence as defined in s. 741.28 and is detained as
 2700  provided in subsection (2).
 2701         (e)The child is charged with possession of or discharging
 2702  a firearm on school property in violation of s. 790.115 or the
 2703  illegal possession of a firearm.
 2704         (f)The child is charged with a capital felony, a life
 2705  felony, a felony of the first degree, a felony of the second
 2706  degree that does not involve a violation of chapter 893, or a
 2707  felony of the third degree that is also a crime of violence,
 2708  including any such offense involving the use or possession of a
 2709  firearm.
 2710         (g)The child is charged with any second degree or third
 2711  degree felony involving a violation of chapter 893 or any third
 2712  degree felony that is not also a crime of violence, and the
 2713  child:
 2714         1.Has a record of failure to appear at court hearings
 2715  after being properly notified in accordance with the Rules of
 2716  Juvenile Procedure;
 2717         2.Has a record of law violations prior to court hearings;
 2718         3.Has already been detained or has been released and is
 2719  awaiting final disposition of the case;
 2720         4.Has a record of violent conduct resulting in physical
 2721  injury to others; or
 2722         5.Is found to have been in possession of a firearm.
 2723         (h)The child is alleged to have violated the conditions of
 2724  the child’s probation or conditional release supervision.
 2725  However, a child detained under this paragraph may be held only
 2726  in a consequence unit as provided in s. 985.439. If a
 2727  consequence unit is not available, the child shall be placed on
 2728  nonsecure detention with electronic monitoring.
 2729         (e)(i) The child is detained on a judicial order for
 2730  failure to appear and has previously willfully failed to appear,
 2731  after proper notice:
 2732         1. For an adjudicatory hearing on the same case regardless
 2733  of the results of the risk assessment instrument; or
 2734         2. At two or more court hearings of any nature on the same
 2735  case regardless of the results of the risk assessment
 2736  instrument.
 2737  
 2738  A child may be held in secure detention for up to 72 hours in
 2739  advance of the next scheduled court hearing pursuant to this
 2740  paragraph. The child’s failure to keep the clerk of court and
 2741  defense counsel informed of a current and valid mailing address
 2742  where the child will receive notice to appear at court
 2743  proceedings does not provide an adequate ground for excusal of
 2744  the child’s nonappearance at the hearings.
 2745         (f)(j) The child is a prolific juvenile offender. A child
 2746  is a prolific juvenile offender if the child:
 2747         1. Is charged with a delinquent act that would be a felony
 2748  if committed by an adult;
 2749         2. Has been adjudicated or had adjudication withheld for a
 2750  felony offense, or delinquent act that would be a felony if
 2751  committed by an adult, before the charge under subparagraph 1.;
 2752  and
 2753         3. In addition to meeting the requirements of subparagraphs
 2754  1. and 2., has five or more of any of the following, at least
 2755  three of which must have been for felony offenses or delinquent
 2756  acts that would have been felonies if committed by an adult:
 2757         a. An arrest event for which a disposition, as defined in
 2758  s. 985.26, has not been entered;
 2759         b. An adjudication; or
 2760         c. An adjudication withheld.
 2761  
 2762  As used in this subparagraph, the term “arrest event” means an
 2763  arrest or referral for one or more criminal offenses or
 2764  delinquent acts arising out of the same episode, act, or
 2765  transaction.
 2766         (3)(a) The purpose of the detention hearing required under
 2767  subsection (1) is to determine the existence of probable cause
 2768  that the child has committed the delinquent act or violation of
 2769  law that he or she is charged with and the need for continued
 2770  detention. Unless a child is detained under paragraph (1)(d) or
 2771  paragraph (1)(e), The court shall use the results of the risk
 2772  assessment performed by the department and, based on the
 2773  criteria in subsection (1), shall determine the need for
 2774  continued detention. If the child is a prolific juvenile
 2775  offender who is detained under s. 985.26(2)(c), the court shall
 2776  use the results of the risk assessment performed by the
 2777  department and the criteria in subsection (1) or subsection (2)
 2778  only to determine whether the prolific juvenile offender should
 2779  be held in secure detention.
 2780         Section 60. Paragraph (d) is added to subsection (2) of
 2781  section 985.26, Florida Statutes, to read:
 2782         985.26 Length of detention.—
 2783         (2)
 2784         (d)A prolific juvenile offender under s. 985.255(1)(j) who
 2785  is taken into custody for a violation of the conditions of his
 2786  or her nonsecure detention must be held in secure detention
 2787  until a detention hearing is held.
 2788         Section 61. Effective July 1, 2019, paragraphs (c) and (d)
 2789  of subsection (2) and paragraph (b) of subsection (4) of section
 2790  985.26, Florida Statutes, as amended by this act, are amended to
 2791  read:
 2792         985.26 Length of detention.—
 2793         (2)
 2794         (c) A prolific juvenile offender under s. 985.255(1)(f)
 2795  985.255(1)(j) shall be placed on supervised release nonsecure
 2796  detention care with electronic monitoring or in secure detention
 2797  care under a special detention order until disposition. If
 2798  secure detention care is ordered by the court, it must be
 2799  authorized under this part and may not exceed:
 2800         1. Twenty-one days unless an adjudicatory hearing for the
 2801  case has been commenced in good faith by the court or the period
 2802  is extended by the court pursuant to paragraph (b); or
 2803         2. Fifteen days after the entry of an order of
 2804  adjudication.
 2805  
 2806  As used in this paragraph, the term “disposition” means a
 2807  declination to file under s. 985.15(1)(h), the entry of nolle
 2808  prosequi for the charges, the filing of an indictment under s.
 2809  985.56 or an information under s. 985.557, a dismissal of the
 2810  case, or an order of final disposition by the court.
 2811         (d) A prolific juvenile offender under s. 985.255(1)(f)
 2812  985.255(1)(j) who is taken into custody for a violation of the
 2813  conditions of his or her supervised release nonsecure detention
 2814  must be held in secure detention until a detention hearing is
 2815  held.
 2816         (4)
 2817         (b) The period for supervised release nonsecure detention
 2818  care under this section is tolled on the date that the
 2819  department or a law enforcement officer alleges that the child
 2820  has violated a condition of the child’s supervised release
 2821  nonsecure detention care until the court enters a ruling on the
 2822  violation. Notwithstanding the tolling of supervised release
 2823  nonsecure detention care, the court retains jurisdiction over
 2824  the child for a violation of a condition of supervised release
 2825  nonsecure detention care during the tolling period. If the court
 2826  finds that a child has violated his or her supervised release
 2827  nonsecure detention care, the number of days that the child
 2828  served in any type of detention care before commission of the
 2829  violation shall be excluded from the time limits under
 2830  subsections (2) and (3).
 2831         Section 62. Effective July 1, 2019, subsection (1),
 2832  paragraph (b) of subsection (3), and paragraph (a) of subsection
 2833  (4) of section 985.265, Florida Statutes, are amended to read:
 2834         985.265 Detention transfer and release; education; adult
 2835  jails.—
 2836         (1) If a child is detained under this part, the department
 2837  may transfer the child from supervised release nonsecure
 2838  detention care to secure detention care only if significantly
 2839  changed circumstances warrant such transfer.
 2840         (3)
 2841         (b) When a juvenile is released from secure detention or
 2842  transferred to supervised release nonsecure detention, detention
 2843  staff shall immediately notify the appropriate law enforcement
 2844  agency, school personnel, and victim if the juvenile is charged
 2845  with committing any of the following offenses or attempting to
 2846  commit any of the following offenses:
 2847         1. Murder, under s. 782.04;
 2848         2. Sexual battery, under chapter 794;
 2849         3. Stalking, under s. 784.048; or
 2850         4. Domestic violence, as defined in s. 741.28.
 2851         (4)(a) While a child who is currently enrolled in school is
 2852  in supervised release nonsecure detention care, the child shall
 2853  continue to attend school unless otherwise ordered by the court.
 2854         Section 63. Effective July 1, 2019, paragraph (b) of
 2855  subsection (1) of section 985.35, Florida Statutes, is amended
 2856  to read:
 2857         985.35 Adjudicatory hearings; withheld adjudications;
 2858  orders of adjudication.—
 2859         (1)
 2860         (b) If the child is a prolific juvenile offender under s.
 2861  985.255(1)(f) 985.255(1)(j), the adjudicatory hearing must be
 2862  held within 45 days after the child is taken into custody unless
 2863  a delay is requested by the child.
 2864         Section 64. Effective July 1, 2019, subsections (2) and (4)
 2865  of section 985.439, Florida Statutes, are amended to read:
 2866         985.439 Violation of probation or postcommitment
 2867  probation.—
 2868         (2) A child taken into custody under s. 985.101 for
 2869  violating the conditions of probation shall be screened and
 2870  detained or released based on his or her risk assessment
 2871  instrument score or postcommitment probation shall be held in a
 2872  consequence unit if such a unit is available. The child shall be
 2873  afforded a hearing within 24 hours after being taken into
 2874  custody to determine the existence of probable cause that the
 2875  child violated the conditions of probation or postcommitment
 2876  probation. A consequence unit is a secure facility specifically
 2877  designated by the department for children who are taken into
 2878  custody under s. 985.101 for violating probation or
 2879  postcommitment probation, or who have been found by the court to
 2880  have violated the conditions of probation or postcommitment
 2881  probation. If the violation involves a new charge of
 2882  delinquency, the child may be detained under part V in a
 2883  facility other than a consequence unit. If the child is not
 2884  eligible for detention for the new charge of delinquency, the
 2885  child may be held in the consequence unit pending a hearing and
 2886  is subject to the time limitations specified in part V.
 2887         (4) Upon the child’s admission, or if the court finds after
 2888  a hearing that the child has violated the conditions of
 2889  probation or postcommitment probation, the court shall enter an
 2890  order revoking, modifying, or continuing probation or
 2891  postcommitment probation. In each such case, the court shall
 2892  enter a new disposition order and, in addition to the sanctions
 2893  set forth in this section, may impose any sanction the court
 2894  could have imposed at the original disposition hearing. If the
 2895  child is found to have violated the conditions of probation or
 2896  postcommitment probation, the court may:
 2897         (a)Place the child in a consequence unit in that judicial
 2898  circuit, if available, for up to 5 days for a first violation
 2899  and up to 15 days for a second or subsequent violation.
 2900         (a)(b) Place the child in supervised release nonsecure
 2901  detention with electronic monitoring. However, this sanction may
 2902  be used only if a residential consequence unit is not available.
 2903         (b)(c) If the violation of probation is technical in nature
 2904  and not a new violation of law, place the child in an
 2905  alternative consequence program designed to provide swift and
 2906  appropriate consequences to any further violations of probation.
 2907         1. Alternative consequence programs shall be established,
 2908  within existing resources, at the local level in coordination
 2909  with law enforcement agencies, the chief judge of the circuit,
 2910  the state attorney, and the public defender.
 2911         2. Alternative consequence programs may be operated by an
 2912  entity such as a law enforcement agency, the department, a
 2913  juvenile assessment center, a county or municipality, or another
 2914  entity selected by the department.
 2915         3. Upon placing a child in an alternative consequence
 2916  program, the court must approve specific consequences for
 2917  specific violations of the conditions of probation.
 2918         (c)(d) Modify or continue the child’s probation program or
 2919  postcommitment probation program.
 2920         (d)(e) Revoke probation or postcommitment probation and
 2921  commit the child to the department.
 2922         Section 65. Effective July 1, 2019, paragraph (a) of
 2923  subsection (9) of section 985.601, Florida Statutes, is amended
 2924  to read:
 2925         985.601 Administering the juvenile justice continuum.—
 2926         (9)(a) The department shall operate a statewide, regionally
 2927  administered system of detention services for children, in
 2928  accordance with a comprehensive plan for the regional
 2929  administration of all detention services in the state. The plan
 2930  must provide for the maintenance of adequate availability of
 2931  detention services for all counties. The plan must cover all the
 2932  department’s operating circuits, with each operating circuit
 2933  having access to a secure facility and supervised release
 2934  nonsecure detention programs, and the plan may be altered or
 2935  modified by the Department of Juvenile Justice as necessary.
 2936         Section 66. Subsections (3) and (7) of section 985.672,
 2937  Florida Statutes, are amended to read:
 2938         985.672 Direct-support organization; definition; use of
 2939  property; board of directors; audit.—
 2940         (3) BOARD OF DIRECTORS.—The Secretary of Juvenile Justice
 2941  shall appoint a board of directors of the direct-support
 2942  organization. The board members shall be appointed according to
 2943  the organization’s bylaws Members of the organization must
 2944  include representatives from businesses, representatives from
 2945  each of the juvenile justice service districts, and one
 2946  representative appointed at large.
 2947         (7)REPEAL.—This section is repealed October 1, 2018,
 2948  unless reviewed and saved from repeal by the Legislature.
 2949         Section 67. Paragraphs (b), (e), and (f) of subsection (3)
 2950  of section 921.0022, Florida Statutes, are amended to read:
 2951         921.0022 Criminal Punishment Code; offense severity ranking
 2952  chart.—
 2953         (3) OFFENSE SEVERITY RANKING CHART
 2954         (b) LEVEL 2
 2955  
 2956  FloridaStatute    FelonyDegree           Description            
 2957  379.2431 (1)(e)3.    3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 2958  379.2431 (1)(e)4.    3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 2959  403.413(6)(c)        3rd   Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
 2960  517.07(2)            3rd   Failure to furnish a prospectus meeting requirements.
 2961  590.28(1)            3rd   Intentional burning of lands.     
 2962  784.05(3)            3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 2963  787.04(1)            3rd   In violation of court order, take, entice, etc., minor beyond state limits.
 2964  806.13(1)(b)3.       3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
 2965  810.061(2)           3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 2966  810.09(2)(e)         3rd   Trespassing on posted commercial horticulture property.
 2967  812.014(2)(c)1.      3rd   Grand theft, 3rd degree; $1,000 $300 or more but less than $5,000.
 2968  812.014(2)(d)        3rd   Grand theft, 3rd degree; $1,000 $100 or more but less than $5,000 $300, taken from unenclosed curtilage of dwelling.
 2969  812.015(7)           3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 2970  817.234(1)(a)2.      3rd   False statement in support of insurance claim.
 2971  817.481(3)(a)        3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 2972  817.52(3)            3rd   Failure to redeliver hired vehicle.
 2973  817.54               3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
 2974  817.60(5)            3rd   Dealing in credit cards of another.
 2975  817.60(6)(a)         3rd   Forgery; purchase goods, services with false card.
 2976  817.61               3rd   Fraudulent use of credit cards over $100 or more within 6 months.
 2977  826.04               3rd   Knowingly marries or has sexual intercourse with person to whom related.
 2978  831.01               3rd   Forgery.                          
 2979  831.02               3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
 2980  831.07               3rd   Forging bank bills, checks, drafts, or promissory notes.
 2981  831.08               3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
 2982  831.09               3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
 2983  831.11               3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
 2984  832.05(3)(a)         3rd   Cashing or depositing item with intent to defraud.
 2985  843.08               3rd   False personation.                
 2986  893.13(2)(a)2.       3rd   Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
 2987  893.147(2)           3rd   Manufacture or delivery of drug paraphernalia.
 2988  
 2989         (e) LEVEL 5
 2990  
 2991  FloridaStatute    FelonyDegree           Description            
 2992  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 2993  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
 2994  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
 2995  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 2996  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
 2997  379.365(2)(c)1.      3rd   Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
 2998  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 2999  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
 3000  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
 3001  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
 3002  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
 3003  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 3004  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 3005  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
 3006  790.01(2)            3rd   Carrying a concealed firearm.     
 3007  790.162              2nd   Threat to throw or discharge destructive device.
 3008  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
 3009  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
 3010  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
 3011  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
 3012  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
 3013  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
 3014  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 3015  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 3016  812.015(8)           3rd   Retail theft; property stolen is valued at $1,000 $300 or more and one or more specified acts.
 3017  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
 3018  812.131(2)(b)        3rd   Robbery by sudden snatching.      
 3019  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
 3020  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
 3021  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
 3022  817.2341(1), (2)(a) & (3)(a)   3rd   Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
 3023  817.568(2)(b)        2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
 3024  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
 3025  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
 3026  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 3027  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 3028  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 3029  839.13(2)(b)         2nd   Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
 3030  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
 3031  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
 3032  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
 3033  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
 3034  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 3035  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
 3036  893.13(1)(a)1.       2nd   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 3037  893.13(1)(c)2.       2nd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 3038  893.13(1)(d)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
 3039  893.13(1)(e)2.       2nd   Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
 3040  893.13(1)(f)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
 3041  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
 3042  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 3043  
 3044         (f) LEVEL 6
 3045  
 3046  FloridaStatute    FelonyDegree           Description            
 3047  316.027(2)(b)        2nd   Leaving the scene of a crash involving serious bodily injury.
 3048  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
 3049  400.9935(4)(c)       2nd   Operating a clinic, or offering services requiring licensure, without a license.
 3050  499.0051(2)          2nd   Knowing forgery of transaction history, transaction information, or transaction statement.
 3051  499.0051(3)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
 3052  499.0051(4)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
 3053  775.0875(1)          3rd   Taking firearm from law enforcement officer.
 3054  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
 3055  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
 3056  784.041              3rd   Felony battery; domestic battery by strangulation.
 3057  784.048(3)           3rd   Aggravated stalking; credible threat.
 3058  784.048(5)           3rd   Aggravated stalking of person under 16.
 3059  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
 3060  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
 3061  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
 3062  784.081(2)           2nd   Aggravated assault on specified official or employee.
 3063  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
 3064  784.083(2)           2nd   Aggravated assault on code inspector.
 3065  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
 3066  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
 3067  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 3068  790.164(1)           2nd   False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
 3069  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 3070  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
 3071  794.05(1)            2nd   Unlawful sexual activity with specified minor.
 3072  800.04(5)(d)         3rd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
 3073  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
 3074  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
 3075  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
 3076  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
 3077  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 3078  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
 3079  812.015(9)(a)        2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
 3080  812.015(9)(b)        2nd   Retail theft; property stolen $3,000 or more; coordination of others.
 3081  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
 3082  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
 3083  817.505(4)(b)        2nd   Patient brokering; 10 or more patients.
 3084  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
 3085  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
 3086  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
 3087  825.103(3)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 3088  827.03(2)(c)         3rd   Abuse of a child.                 
 3089  827.03(2)(d)         3rd   Neglect of a child.               
 3090  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
 3091  836.05               2nd   Threats; extortion.               
 3092  836.10               2nd   Written threats to kill or do bodily injury.
 3093  843.12               3rd   Aids or assists person to escape. 
 3094  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 3095  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
 3096  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 3097  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
 3098  944.35(3)(a)2.       3rd   Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
 3099  944.40               2nd   Escapes.                          
 3100  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
 3101  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 3102  951.22(1)(h)-(k)951.22(1)   3rd   Introduction of contraband into county detention facility Intoxicating drug, firearm, or weapon introduced into county facility.
 3103  
 3104         Section 68. Paragraph (a) of subsection (1) and paragraph
 3105  (c) of subsection (2) of section 985.557, Florida Statutes, are
 3106  amended to read:
 3107         985.557 Direct filing of an information; discretionary and
 3108  mandatory criteria.—
 3109         (1) DISCRETIONARY DIRECT FILE.—
 3110         (a) With respect to any child who was 14 or 15 years of age
 3111  at the time the alleged offense was committed, the state
 3112  attorney may file an information when in the state attorney’s
 3113  judgment and discretion the public interest requires that adult
 3114  sanctions be considered or imposed and when the offense charged
 3115  is for the commission of, attempt to commit, or conspiracy to
 3116  commit:
 3117         1. Arson;
 3118         2. Sexual battery;
 3119         3. Robbery;
 3120         4. Kidnapping;
 3121         5. Aggravated child abuse;
 3122         6. Aggravated assault;
 3123         7. Aggravated stalking;
 3124         8. Murder;
 3125         9. Manslaughter;
 3126         10. Unlawful throwing, placing, or discharging of a
 3127  destructive device or bomb;
 3128         11. Armed burglary in violation of s. 810.02(2)(b) or
 3129  specified burglary of a dwelling or structure in violation of s.
 3130  810.02(2)(c), or burglary with an assault or battery in
 3131  violation of s. 810.02(2)(a);
 3132         12. Aggravated battery;
 3133         13. Any lewd or lascivious offense committed upon or in the
 3134  presence of a person less than 16 years of age;
 3135         14. Carrying, displaying, using, threatening, or attempting
 3136  to use a weapon or firearm during the commission of a felony;
 3137         15. Grand theft in violation of s. 812.014(2)(a);
 3138         16. Possessing or discharging any weapon or firearm on
 3139  school property in violation of s. 790.115;
 3140         17. Home invasion robbery;
 3141         18. Carjacking; or
 3142         19. Grand theft of a motor vehicle in violation of s.
 3143  812.014(2)(c)5. s. 812.014(2)(c)6. or grand theft of a motor
 3144  vehicle valued at $20,000 or more in violation of s.
 3145  812.014(2)(b) if the child has a previous adjudication for grand
 3146  theft of a motor vehicle in violation of s. 812.014(2)(c)5. s.
 3147  812.014(2)(c)6. or s. 812.014(2)(b).
 3148         (2) MANDATORY DIRECT FILE.—
 3149         (c) The state attorney must file an information if a child,
 3150  regardless of the child’s age at the time the alleged offense
 3151  was committed, is alleged to have committed an act that would be
 3152  a violation of law if the child were an adult, that involves
 3153  stealing a motor vehicle, including, but not limited to, a
 3154  violation of s. 812.133, relating to carjacking, or s.
 3155  812.014(2)(c)5. s. 812.014(2)(c)6., relating to grand theft of a
 3156  motor vehicle, and while the child was in possession of the
 3157  stolen motor vehicle the child caused serious bodily injury to
 3158  or the death of a person who was not involved in the underlying
 3159  offense. For purposes of this section, the driver and all
 3160  willing passengers in the stolen motor vehicle at the time such
 3161  serious bodily injury or death is inflicted shall also be
 3162  subject to mandatory transfer to adult court. “Stolen motor
 3163  vehicle,” for the purposes of this section, means a motor
 3164  vehicle that has been the subject of any criminal wrongful
 3165  taking. For purposes of this section, “willing passengers” means
 3166  all willing passengers who have participated in the underlying
 3167  offense.
 3168         Section 69. For the purpose of incorporating the amendment
 3169  made by this act to section 812.014, Florida Statutes, in a
 3170  reference thereto, subsection (10) of section 95.18, Florida
 3171  Statutes, is reenacted to read:
 3172         95.18 Real property actions; adverse possession without
 3173  color of title.—
 3174         (10) A person who occupies or attempts to occupy a
 3175  residential structure solely by claim of adverse possession
 3176  under this section and offers the property for lease to another
 3177  commits theft under s. 812.014.
 3178         Section 70. For the purpose of incorporating the amendment
 3179  made by this act to section 812.014, Florida Statutes, in a
 3180  reference thereto, paragraph (c) of subsection (3) of section
 3181  373.6055, Florida Statutes, is reenacted to read:
 3182         373.6055 Criminal history checks for certain water
 3183  management district employees and others.—
 3184         (3)
 3185         (c) In addition to other requirements for employment or
 3186  access established by any water management district pursuant to
 3187  its water management district’s security plan for buildings,
 3188  facilities, and structures, each water management district’s
 3189  security plan shall provide that:
 3190         1. Any person who has within the past 7 years been
 3191  convicted, regardless of whether adjudication was withheld, for
 3192  a forcible felony as defined in s. 776.08; an act of terrorism
 3193  as defined in s. 775.30; planting of a hoax bomb as provided in
 3194  s. 790.165; any violation involving the manufacture, possession,
 3195  sale, delivery, display, use, or attempted or threatened use of
 3196  a weapon of mass destruction or hoax weapon of mass destruction
 3197  as provided in s. 790.166; dealing in stolen property; any
 3198  violation of s. 893.135; any violation involving the sale,
 3199  manufacturing, delivery, or possession with intent to sell,
 3200  manufacture, or deliver a controlled substance; burglary;
 3201  robbery; any felony violation of s. 812.014; any violation of s.
 3202  790.07; any crime an element of which includes use or possession
 3203  of a firearm; any conviction for any similar offenses under the
 3204  laws of another jurisdiction; or conviction for conspiracy to
 3205  commit any of the listed offenses may not be qualified for
 3206  initial employment within or authorized regular access to
 3207  buildings, facilities, or structures defined in the water
 3208  management district’s security plan as restricted access areas.
 3209         2. Any person who has at any time been convicted of any of
 3210  the offenses listed in subparagraph 1. may not be qualified for
 3211  initial employment within or authorized regular access to
 3212  buildings, facilities, or structures defined in the water
 3213  management district’s security plan as restricted access areas
 3214  unless, after release from incarceration and any supervision
 3215  imposed as a sentence, the person remained free from a
 3216  subsequent conviction, regardless of whether adjudication was
 3217  withheld, for any of the listed offenses for a period of at
 3218  least 7 years prior to the employment or access date under
 3219  consideration.
 3220         Section 71. For the purpose of incorporating the amendment
 3221  made by this act to section 812.014, Florida Statutes, in a
 3222  reference thereto, subsection (3) of section 400.9935, Florida
 3223  Statutes, is reenacted to read:
 3224         400.9935 Clinic responsibilities.—
 3225         (3) A charge or reimbursement claim made by or on behalf of
 3226  a clinic that is required to be licensed under this part but
 3227  that is not so licensed, or that is otherwise operating in
 3228  violation of this part, regardless of whether a service is
 3229  rendered or whether the charge or reimbursement claim is paid,
 3230  is an unlawful charge and is noncompensable and unenforceable. A
 3231  person who knowingly makes or causes to be made an unlawful
 3232  charge commits theft within the meaning of and punishable as
 3233  provided in s. 812.014.
 3234         Section 72. For the purpose of incorporating the amendment
 3235  made by this act to section 812.014, Florida Statutes, in a
 3236  reference thereto, paragraph (g) of subsection (17) of section
 3237  409.910, Florida Statutes, is reenacted to read:
 3238         409.910 Responsibility for payments on behalf of Medicaid
 3239  eligible persons when other parties are liable.—
 3240         (17)
 3241         (g) The agency may investigate and request appropriate
 3242  officers or agencies of the state to investigate suspected
 3243  criminal violations or fraudulent activity related to third
 3244  party benefits, including, without limitation, ss. 414.39 and
 3245  812.014. Such requests may be directed, without limitation, to
 3246  the Medicaid Fraud Control Unit of the Office of the Attorney
 3247  General or to any state attorney. Pursuant to s. 409.913, the
 3248  Attorney General has primary responsibility to investigate and
 3249  control Medicaid fraud.
 3250         Section 73. For the purpose of incorporating the amendment
 3251  made by this act to section 812.014, Florida Statutes, in a
 3252  reference thereto, subsection (4) of section 489.126, Florida
 3253  Statutes, is reenacted to read:
 3254         489.126 Moneys received by contractors.—
 3255         (4) Any person who violates any provision of this section
 3256  is guilty of theft and shall be prosecuted and punished under s.
 3257  812.014.
 3258         Section 74. For the purpose of incorporating the amendment
 3259  made by this act to section 812.015, Florida Statutes, in a
 3260  reference thereto, subsection (5) of section 538.09, Florida
 3261  Statutes, is reenacted to read:
 3262         538.09 Registration.—
 3263         (5) In addition to the fine provided in subsection (4),
 3264  registration under this section may be denied or any
 3265  registration granted may be revoked, restricted, or suspended by
 3266  the department if the department determines that the applicant
 3267  or registrant:
 3268         (a) Has violated any provision of this chapter or any rule
 3269  or order made pursuant to this chapter;
 3270         (b) Has made a material false statement in the application
 3271  for registration;
 3272         (c) Has been guilty of a fraudulent act in connection with
 3273  any purchase or sale or has been or is engaged in or is about to
 3274  engage in any practice, purchase, or sale which is fraudulent or
 3275  in violation of the law;
 3276         (d) Has made a misrepresentation or false statement to, or
 3277  concealed any essential or material fact from, any person in
 3278  making any purchase or sale;
 3279         (e) Is making purchases or sales through any business
 3280  associate not registered in compliance with the provisions of
 3281  this chapter;
 3282         (f) Has, within the preceding 10-year period for new
 3283  registrants who apply for registration on or after October 1,
 3284  2006, been convicted of, or has entered a plea of guilty or nolo
 3285  contendere to, or had adjudication withheld for, a crime against
 3286  the laws of this state or any other state or of the United
 3287  States which relates to registration as a secondhand dealer or
 3288  which involves theft, larceny, dealing in stolen property,
 3289  receiving stolen property, burglary, embezzlement, obtaining
 3290  property by false pretenses, possession of altered property, any
 3291  felony drug offense, any violation of s. 812.015, or any
 3292  fraudulent dealing;
 3293         (g) Has had a final judgment entered against her or him in
 3294  a civil action upon grounds of fraud, embezzlement,
 3295  misrepresentation, or deceit; or
 3296         (h) Has failed to pay any sales tax owed to the Department
 3297  of Revenue.
 3298  
 3299  In the event the department determines to deny an application or
 3300  revoke a registration, it shall enter a final order with its
 3301  findings on the register of secondhand dealers and their
 3302  business associates, if any; and denial, suspension, or
 3303  revocation of the registration of a secondhand dealer shall also
 3304  deny, suspend, or revoke the registration of such secondhand
 3305  dealer’s business associates.
 3306         Section 75. For the purpose of incorporating the amendment
 3307  made by this act to section 812.014, Florida Statutes, in a
 3308  reference thereto, subsection (2) of section 538.23, Florida
 3309  Statutes, is reenacted to read:
 3310         538.23 Violations and penalties.—
 3311         (2) A secondary metals recycler is presumed to know upon
 3312  receipt of stolen regulated metals property in a purchase
 3313  transaction that the regulated metals property has been stolen
 3314  from another if the secondary metals recycler knowingly and
 3315  intentionally fails to maintain the information required in s.
 3316  538.19 and shall, upon conviction of a violation of s. 812.015,
 3317  be punished as provided in s. 812.014(2) or (3).
 3318         Section 76. For the purpose of incorporating the amendment
 3319  made by this act to section 812.014, Florida Statutes, in a
 3320  reference thereto, subsection (10) of section 550.6305, Florida
 3321  Statutes, is reenacted to read:
 3322         550.6305 Intertrack wagering; guest track payments;
 3323  accounting rules.—
 3324         (10) All races or games conducted at a permitholder’s
 3325  facility, all broadcasts of such races or games, and all
 3326  broadcast rights relating thereto are owned by the permitholder
 3327  at whose facility such races or games are conducted and
 3328  constitute the permitholder’s property as defined in s.
 3329  812.012(4). Transmission, reception of a transmission,
 3330  exhibition, use, or other appropriation of such races or games,
 3331  broadcasts of such races or games, or broadcast rights relating
 3332  thereto without the written consent of the permitholder
 3333  constitutes a theft of such property under s. 812.014; and in
 3334  addition to the penal sanctions contained in s. 812.014, the
 3335  permitholder has the right to avail itself of the civil remedies
 3336  specified in ss. 772.104, 772.11, and 812.035 in addition to any
 3337  other remedies available under applicable state or federal law.
 3338         Section 77. For the purpose of incorporating the amendment
 3339  made by this act to section 812.014, Florida Statutes, in a
 3340  reference thereto, subsection (2) of section 634.319, Florida
 3341  Statutes, is reenacted to read:
 3342         634.319 Reporting and accounting for funds.—
 3343         (2) Any sales representative who, not being entitled
 3344  thereto, diverts or appropriates such funds or any portion
 3345  thereof to her or his own use is, upon conviction, guilty of
 3346  theft, punishable as provided in s. 812.014.
 3347         Section 78. For the purpose of incorporating the amendment
 3348  made by this act to section 812.014, Florida Statutes, in a
 3349  reference thereto, subsection (2) of section 634.421, Florida
 3350  Statutes, is reenacted to read:
 3351         634.421 Reporting and accounting for funds.—
 3352         (2) Any sales representative who, not being entitled
 3353  thereto, diverts or appropriates funds or any portion thereof to
 3354  her or his own use commits theft as provided in s. 812.014.
 3355         Section 79. For the purpose of incorporating the amendment
 3356  made by this act to section 812.014, Florida Statutes, in a
 3357  reference thereto, subsection (3) of section 636.238, Florida
 3358  Statutes, is reenacted to read:
 3359         636.238 Penalties for violation of this part.—
 3360         (3) A person who collects fees for purported membership in
 3361  a discount plan but purposefully fails to provide the promised
 3362  benefits commits a theft, punishable as provided in s. 812.014.
 3363         Section 80. For the purpose of incorporating the amendment
 3364  made by this act to section 812.014, Florida Statutes, in a
 3365  reference thereto, subsection (2) of section 642.038, Florida
 3366  Statutes, is reenacted to read:
 3367         642.038 Reporting and accounting for funds.—
 3368         (2) Any sales representative who, not being entitled
 3369  thereto, diverts or appropriates such funds or any portion
 3370  thereof to his or her own use commits theft as provided in s.
 3371  812.014.
 3372         Section 81. For the purpose of incorporating the amendment
 3373  made by this act to section 812.014, Florida Statutes, in a
 3374  reference thereto, subsection (4) of section 705.102, Florida
 3375  Statutes, is reenacted to read:
 3376         705.102 Reporting lost or abandoned property.—
 3377         (4) Any person who unlawfully appropriates such lost or
 3378  abandoned property to his or her own use or refuses to deliver
 3379  such property when required commits theft as defined in s.
 3380  812.014, punishable as provided in s. 775.082, s. 775.083, or s.
 3381  775.084.
 3382         Section 82. For the purpose of incorporating the amendment
 3383  made by this act to section 812.014, Florida Statutes, in a
 3384  reference thereto, paragraph (d) of subsection (1) of section
 3385  718.111, Florida Statutes, is reenacted to read:
 3386         718.111 The association.—
 3387         (1) CORPORATE ENTITY.—
 3388         (d) As required by s. 617.0830, an officer, director, or
 3389  agent shall discharge his or her duties in good faith, with the
 3390  care an ordinarily prudent person in a like position would
 3391  exercise under similar circumstances, and in a manner he or she
 3392  reasonably believes to be in the interests of the association.
 3393  An officer, director, or agent shall be liable for monetary
 3394  damages as provided in s. 617.0834 if such officer, director, or
 3395  agent breached or failed to perform his or her duties and the
 3396  breach of, or failure to perform, his or her duties constitutes
 3397  a violation of criminal law as provided in s. 617.0834;
 3398  constitutes a transaction from which the officer or director
 3399  derived an improper personal benefit, either directly or
 3400  indirectly; or constitutes recklessness or an act or omission
 3401  that was in bad faith, with malicious purpose, or in a manner
 3402  exhibiting wanton and willful disregard of human rights, safety,
 3403  or property. Forgery of a ballot envelope or voting certificate
 3404  used in a condominium association election is punishable as
 3405  provided in s. 831.01, the theft or embezzlement of funds of a
 3406  condominium association is punishable as provided in s. 812.014,
 3407  and the destruction of or the refusal to allow inspection or
 3408  copying of an official record of a condominium association that
 3409  is accessible to unit owners within the time periods required by
 3410  general law in furtherance of any crime is punishable as
 3411  tampering with physical evidence as provided in s. 918.13 or as
 3412  obstruction of justice as provided in chapter 843. An officer or
 3413  director charged by information or indictment with a crime
 3414  referenced in this paragraph must be removed from office, and
 3415  the vacancy shall be filled as provided in s. 718.112(2)(d)2.
 3416  until the end of the officer’s or director’s period of
 3417  suspension or the end of his or her term of office, whichever
 3418  occurs first. If a criminal charge is pending against the
 3419  officer or director, he or she may not be appointed or elected
 3420  to a position as an officer or a director of any association and
 3421  may not have access to the official records of any association,
 3422  except pursuant to a court order. However, if the charges are
 3423  resolved without a finding of guilt, the officer or director
 3424  must be reinstated for the remainder of his or her term of
 3425  office, if any.
 3426         Section 83. For the purpose of incorporating the amendment
 3427  made by this act to section 812.014, Florida Statutes, in a
 3428  reference thereto, subsection (2) of section 812.015, Florida
 3429  Statutes, is reenacted to read:
 3430         812.015 Retail and farm theft; transit fare evasion;
 3431  mandatory fine; alternative punishment; detention and arrest;
 3432  exemption from liability for false arrest; resisting arrest;
 3433  penalties.—
 3434         (2) Upon a second or subsequent conviction for petit theft
 3435  from a merchant, farmer, or transit agency, the offender shall
 3436  be punished as provided in s. 812.014(3), except that the court
 3437  shall impose a fine of not less than $50 or more than $1,000.
 3438  However, in lieu of such fine, the court may require the
 3439  offender to perform public services designated by the court. In
 3440  no event shall any such offender be required to perform fewer
 3441  than the number of hours of public service necessary to satisfy
 3442  the fine assessed by the court, as provided by this subsection,
 3443  at the minimum wage prevailing in the state at the time of
 3444  sentencing.
 3445         Section 84. For the purpose of incorporating the amendment
 3446  made by this act to section 812.014, Florida Statutes, in
 3447  references thereto, subsections (1) and (2) of section 812.0155,
 3448  Florida Statutes, are reenacted to read:
 3449         812.0155 Suspension of driver license following an
 3450  adjudication of guilt for theft.—
 3451         (1) Except as provided in subsections (2) and (3), the
 3452  court may order the suspension of the driver license of each
 3453  person adjudicated guilty of any misdemeanor violation of s.
 3454  812.014 or s. 812.015, regardless of the value of the property
 3455  stolen. Upon ordering the suspension of the driver license of
 3456  the person adjudicated guilty, the court shall forward the
 3457  driver license of the person adjudicated guilty to the
 3458  Department of Highway Safety and Motor Vehicles in accordance
 3459  with s. 322.25.
 3460         (a) The first suspension of a driver license under this
 3461  subsection shall be for a period of up to 6 months.
 3462         (b) A second or subsequent suspension of a driver license
 3463  under this subsection shall be for 1 year.
 3464         (2) The court may revoke, suspend, or withhold issuance of
 3465  a driver license of a person less than 18 years of age who
 3466  violates s. 812.014 or s. 812.015 as an alternative to
 3467  sentencing the person to:
 3468         (a) Probation as defined in s. 985.03 or commitment to the
 3469  Department of Juvenile Justice, if the person is adjudicated
 3470  delinquent for such violation and has not previously been
 3471  convicted of or adjudicated delinquent for any criminal offense,
 3472  regardless of whether adjudication was withheld.
 3473         (b) Probation as defined in s. 985.03, commitment to the
 3474  Department of Juvenile Justice, probation as defined in chapter
 3475  948, community control, or incarceration, if the person is
 3476  convicted as an adult of such violation and has not previously
 3477  been convicted of or adjudicated delinquent for any criminal
 3478  offense, regardless of whether adjudication was withheld.
 3479         Section 85. For the purpose of incorporating the amendment
 3480  made by this act to section 812.014, Florida Statutes, in
 3481  references thereto, subsections (4), (7), and (8) of section
 3482  812.14, Florida Statutes, are reenacted to read:
 3483         812.14 Trespass and larceny with relation to utility
 3484  fixtures; theft of utility services.—
 3485         (4) A person who willfully violates subsection (2) commits
 3486  theft, punishable as provided in s. 812.014.
 3487         (7) An owner, lessor, or sublessor who willfully violates
 3488  subsection (5) commits a misdemeanor of the first degree,
 3489  punishable as provided in s. 775.082 or s. 775.083. Prosecution
 3490  for a violation of subsection (5) does not preclude prosecution
 3491  for theft pursuant to subsection (8) or s. 812.014.
 3492         (8) Theft of utility services for the purpose of
 3493  facilitating the manufacture of a controlled substance is theft,
 3494  punishable as provided in s. 812.014.
 3495         Section 86. For the purpose of incorporating the amendment
 3496  made by this act to section 812.014, Florida Statutes, in a
 3497  reference thereto, subsection (3) of section 893.138, Florida
 3498  Statutes, is reenacted to read:
 3499         893.138 Local administrative action to abate drug-related,
 3500  prostitution-related, or stolen-property-related public
 3501  nuisances and criminal gang activity.—
 3502         (3) Any pain-management clinic, as described in s. 458.3265
 3503  or s. 459.0137, which has been used on more than two occasions
 3504  within a 6-month period as the site of a violation of:
 3505         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
 3506  relating to assault and battery;
 3507         (b) Section 810.02, relating to burglary;
 3508         (c) Section 812.014, relating to theft;
 3509         (d) Section 812.131, relating to robbery by sudden
 3510  snatching; or
 3511         (e) Section 893.13, relating to the unlawful distribution
 3512  of controlled substances,
 3513  
 3514  may be declared to be a public nuisance, and such nuisance may
 3515  be abated pursuant to the procedures provided in this section.
 3516         Section 87. For the purpose of incorporating the amendment
 3517  made by this act to section 812.014, Florida Statutes, in a
 3518  reference thereto, paragraph (b) of subsection (3) of section
 3519  943.051, Florida Statutes, is reenacted to read:
 3520         943.051 Criminal justice information; collection and
 3521  storage; fingerprinting.—
 3522         (3)
 3523         (b) A minor who is charged with or found to have committed
 3524  the following offenses shall be fingerprinted and the
 3525  fingerprints shall be submitted electronically to the
 3526  department, unless the minor is issued a civil citation pursuant
 3527  to s. 985.12:
 3528         1. Assault, as defined in s. 784.011.
 3529         2. Battery, as defined in s. 784.03.
 3530         3. Carrying a concealed weapon, as defined in s. 790.01(1).
 3531         4. Unlawful use of destructive devices or bombs, as defined
 3532  in s. 790.1615(1).
 3533         5. Neglect of a child, as defined in s. 827.03(1)(e).
 3534         6. Assault or battery on a law enforcement officer, a
 3535  firefighter, or other specified officers, as defined in s.
 3536  784.07(2)(a) and (b).
 3537         7. Open carrying of a weapon, as defined in s. 790.053.
 3538         8. Exposure of sexual organs, as defined in s. 800.03.
 3539         9. Unlawful possession of a firearm, as defined in s.
 3540  790.22(5).
 3541         10. Petit theft, as defined in s. 812.014(3).
 3542         11. Cruelty to animals, as defined in s. 828.12(1).
 3543         12. Arson, as defined in s. 806.031(1).
 3544         13. Unlawful possession or discharge of a weapon or firearm
 3545  at a school-sponsored event or on school property, as provided
 3546  in s. 790.115.
 3547         Section 88. For the purpose of incorporating the amendment
 3548  made by this act to section 812.014, Florida Statutes, in a
 3549  reference thereto, paragraph (b) of subsection (1) of section
 3550  985.11, Florida Statutes, is reenacted to read:
 3551         985.11 Fingerprinting and photographing.—
 3552         (1)
 3553         (b) Unless the child is issued a civil citation or is
 3554  participating in a similar diversion program pursuant to s.
 3555  985.12, a child who is charged with or found to have committed
 3556  one of the following offenses shall be fingerprinted, and the
 3557  fingerprints shall be submitted to the Department of Law
 3558  Enforcement as provided in s. 943.051(3)(b):
 3559         1. Assault, as defined in s. 784.011.
 3560         2. Battery, as defined in s. 784.03.
 3561         3. Carrying a concealed weapon, as defined in s. 790.01(1).
 3562         4. Unlawful use of destructive devices or bombs, as defined
 3563  in s. 790.1615(1).
 3564         5. Neglect of a child, as defined in s. 827.03(1)(e).
 3565         6. Assault on a law enforcement officer, a firefighter, or
 3566  other specified officers, as defined in s. 784.07(2)(a).
 3567         7. Open carrying of a weapon, as defined in s. 790.053.
 3568         8. Exposure of sexual organs, as defined in s. 800.03.
 3569         9. Unlawful possession of a firearm, as defined in s.
 3570  790.22(5).
 3571         10. Petit theft, as defined in s. 812.014.
 3572         11. Cruelty to animals, as defined in s. 828.12(1).
 3573         12. Arson, resulting in bodily harm to a firefighter, as
 3574  defined in s. 806.031(1).
 3575         13. Unlawful possession or discharge of a weapon or firearm
 3576  at a school-sponsored event or on school property as defined in
 3577  s. 790.115.
 3578  
 3579  A law enforcement agency may fingerprint and photograph a child
 3580  taken into custody upon probable cause that such child has
 3581  committed any other violation of law, as the agency deems
 3582  appropriate. Such fingerprint records and photographs shall be
 3583  retained by the law enforcement agency in a separate file, and
 3584  these records and all copies thereof must be marked “Juvenile
 3585  Confidential.” These records are not available for public
 3586  disclosure and inspection under s. 119.07(1) except as provided
 3587  in ss. 943.053 and 985.04(2), but shall be available to other
 3588  law enforcement agencies, criminal justice agencies, state
 3589  attorneys, the courts, the child, the parents or legal
 3590  custodians of the child, their attorneys, and any other person
 3591  authorized by the court to have access to such records. In
 3592  addition, such records may be submitted to the Department of Law
 3593  Enforcement for inclusion in the state criminal history records
 3594  and used by criminal justice agencies for criminal justice
 3595  purposes. These records may, in the discretion of the court, be
 3596  open to inspection by anyone upon a showing of cause. The
 3597  fingerprint and photograph records shall be produced in the
 3598  court whenever directed by the court. Any photograph taken
 3599  pursuant to this section may be shown by a law enforcement
 3600  officer to any victim or witness of a crime for the purpose of
 3601  identifying the person who committed such crime.
 3602         Section 89. For the purpose of incorporating the amendment
 3603  made by this act to section 893.135, Florida Statutes, in a
 3604  reference thereto, subsection (2) of section 772.12, Florida
 3605  Statutes, is reenacted to read:
 3606         772.12 Drug Dealer Liability Act.—
 3607         (2) A person, including any governmental entity, has a
 3608  cause of action for threefold the actual damages sustained and
 3609  is entitled to minimum damages in the amount of $1,000 and
 3610  reasonable attorney’s fees and court costs in the trial and
 3611  appellate courts, if the person proves by the greater weight of
 3612  the evidence that:
 3613         (a) The person was injured because of the defendant’s
 3614  actions that resulted in the defendant’s conviction for:
 3615         1. A violation of s. 893.13, except for a violation of s.
 3616  893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
 3617         2. A violation of s. 893.135; and
 3618         (b) The person was not injured by reason of his or her
 3619  participation in the same act or transaction that resulted in
 3620  the defendant’s conviction for any offense described in
 3621  subparagraph (a)1.
 3622         Section 90. For the purpose of incorporating the amendment
 3623  made by this act to section 893.135, Florida Statutes, in
 3624  references thereto, paragraph (a) of subsection (2) and
 3625  paragraph (a) of subsection (3) of section 775.087, Florida
 3626  Statutes, are reenacted to read:
 3627         775.087 Possession or use of weapon; aggravated battery;
 3628  felony reclassification; minimum sentence.—
 3629         (2)(a)1. Any person who is convicted of a felony or an
 3630  attempt to commit a felony, regardless of whether the use of a
 3631  weapon is an element of the felony, and the conviction was for:
 3632         a. Murder;
 3633         b. Sexual battery;
 3634         c. Robbery;
 3635         d. Burglary;
 3636         e. Arson;
 3637         f. Aggravated battery;
 3638         g. Kidnapping;
 3639         h. Escape;
 3640         i. Aircraft piracy;
 3641         j. Aggravated child abuse;
 3642         k. Aggravated abuse of an elderly person or disabled adult;
 3643         l. Unlawful throwing, placing, or discharging of a
 3644  destructive device or bomb;
 3645         m. Carjacking;
 3646         n. Home-invasion robbery;
 3647         o. Aggravated stalking;
 3648         p. Trafficking in cannabis, trafficking in cocaine, capital
 3649  importation of cocaine, trafficking in illegal drugs, capital
 3650  importation of illegal drugs, trafficking in phencyclidine,
 3651  capital importation of phencyclidine, trafficking in
 3652  methaqualone, capital importation of methaqualone, trafficking
 3653  in amphetamine, capital importation of amphetamine, trafficking
 3654  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
 3655  (GHB), trafficking in 1,4-Butanediol, trafficking in
 3656  Phenethylamines, or other violation of s. 893.135(1); or
 3657         q. Possession of a firearm by a felon
 3658  
 3659  and during the commission of the offense, such person actually
 3660  possessed a “firearm” or “destructive device” as those terms are
 3661  defined in s. 790.001, shall be sentenced to a minimum term of
 3662  imprisonment of 10 years, except that a person who is convicted
 3663  for possession of a firearm by a felon or burglary of a
 3664  conveyance shall be sentenced to a minimum term of imprisonment
 3665  of 3 years if such person possessed a “firearm” or “destructive
 3666  device” during the commission of the offense. However, if an
 3667  offender who is convicted of the offense of possession of a
 3668  firearm by a felon has a previous conviction of committing or
 3669  attempting to commit a felony listed in s. 775.084(1)(b)1. and
 3670  actually possessed a firearm or destructive device during the
 3671  commission of the prior felony, the offender shall be sentenced
 3672  to a minimum term of imprisonment of 10 years.
 3673         2. Any person who is convicted of a felony or an attempt to
 3674  commit a felony listed in sub-subparagraphs (a)1.a.-p.,
 3675  regardless of whether the use of a weapon is an element of the
 3676  felony, and during the course of the commission of the felony
 3677  such person discharged a “firearm” or “destructive device” as
 3678  defined in s. 790.001 shall be sentenced to a minimum term of
 3679  imprisonment of 20 years.
 3680         3. Any person who is convicted of a felony or an attempt to
 3681  commit a felony listed in sub-subparagraphs (a)1.a.-p.,
 3682  regardless of whether the use of a weapon is an element of the
 3683  felony, and during the course of the commission of the felony
 3684  such person discharged a “firearm” or “destructive device” as
 3685  defined in s. 790.001 and, as the result of the discharge, death
 3686  or great bodily harm was inflicted upon any person, the
 3687  convicted person shall be sentenced to a minimum term of
 3688  imprisonment of not less than 25 years and not more than a term
 3689  of imprisonment of life in prison.
 3690         (3)(a)1. Any person who is convicted of a felony or an
 3691  attempt to commit a felony, regardless of whether the use of a
 3692  firearm is an element of the felony, and the conviction was for:
 3693         a. Murder;
 3694         b. Sexual battery;
 3695         c. Robbery;
 3696         d. Burglary;
 3697         e. Arson;
 3698         f. Aggravated battery;
 3699         g. Kidnapping;
 3700         h. Escape;
 3701         i. Sale, manufacture, delivery, or intent to sell,
 3702  manufacture, or deliver any controlled substance;
 3703         j. Aircraft piracy;
 3704         k. Aggravated child abuse;
 3705         l. Aggravated abuse of an elderly person or disabled adult;
 3706         m. Unlawful throwing, placing, or discharging of a
 3707  destructive device or bomb;
 3708         n. Carjacking;
 3709         o. Home-invasion robbery;
 3710         p. Aggravated stalking; or
 3711         q. Trafficking in cannabis, trafficking in cocaine, capital
 3712  importation of cocaine, trafficking in illegal drugs, capital
 3713  importation of illegal drugs, trafficking in phencyclidine,
 3714  capital importation of phencyclidine, trafficking in
 3715  methaqualone, capital importation of methaqualone, trafficking
 3716  in amphetamine, capital importation of amphetamine, trafficking
 3717  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
 3718  (GHB), trafficking in 1,4-Butanediol, trafficking in
 3719  Phenethylamines, or other violation of s. 893.135(1);
 3720  
 3721  and during the commission of the offense, such person possessed
 3722  a semiautomatic firearm and its high-capacity detachable box
 3723  magazine or a machine gun as defined in s. 790.001, shall be
 3724  sentenced to a minimum term of imprisonment of 15 years.
 3725         2. Any person who is convicted of a felony or an attempt to
 3726  commit a felony listed in subparagraph (a)1., regardless of
 3727  whether the use of a weapon is an element of the felony, and
 3728  during the course of the commission of the felony such person
 3729  discharged a semiautomatic firearm and its high-capacity box
 3730  magazine or a “machine gun” as defined in s. 790.001 shall be
 3731  sentenced to a minimum term of imprisonment of 20 years.
 3732         3. Any person who is convicted of a felony or an attempt to
 3733  commit a felony listed in subparagraph (a)1., regardless of
 3734  whether the use of a weapon is an element of the felony, and
 3735  during the course of the commission of the felony such person
 3736  discharged a semiautomatic firearm and its high-capacity box
 3737  magazine or a “machine gun” as defined in s. 790.001 and, as the
 3738  result of the discharge, death or great bodily harm was
 3739  inflicted upon any person, the convicted person shall be
 3740  sentenced to a minimum term of imprisonment of not less than 25
 3741  years and not more than a term of imprisonment of life in
 3742  prison.
 3743         Section 91. For the purpose of incorporating the amendment
 3744  made by this act to section 893.135, Florida Statutes, in a
 3745  reference thereto, paragraph (f) of subsection (3) of section
 3746  810.02, Florida Statutes, is reenacted to read:
 3747         810.02 Burglary.—
 3748         (3) Burglary is a felony of the second degree, punishable
 3749  as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
 3750  course of committing the offense, the offender does not make an
 3751  assault or battery and is not and does not become armed with a
 3752  dangerous weapon or explosive, and the offender enters or
 3753  remains in a:
 3754         (f) Structure or conveyance when the offense intended to be
 3755  committed therein is theft of a controlled substance as defined
 3756  in s. 893.02. Notwithstanding any other law, separate judgments
 3757  and sentences for burglary with the intent to commit theft of a
 3758  controlled substance under this paragraph and for any applicable
 3759  possession of controlled substance offense under s. 893.13 or
 3760  trafficking in controlled substance offense under s. 893.135 may
 3761  be imposed when all such offenses involve the same amount or
 3762  amounts of a controlled substance.
 3763  
 3764  However, if the burglary is committed within a county that is
 3765  subject to a state of emergency declared by the Governor under
 3766  chapter 252 after the declaration of emergency is made and the
 3767  perpetration of the burglary is facilitated by conditions
 3768  arising from the emergency, the burglary is a felony of the
 3769  first degree, punishable as provided in s. 775.082, s. 775.083,
 3770  or s. 775.084. As used in this subsection, the term “conditions
 3771  arising from the emergency” means civil unrest, power outages,
 3772  curfews, voluntary or mandatory evacuations, or a reduction in
 3773  the presence of or response time for first responders or
 3774  homeland security personnel. A person arrested for committing a
 3775  burglary within a county that is subject to such a state of
 3776  emergency may not be released until the person appears before a
 3777  committing magistrate at a first appearance hearing. For
 3778  purposes of sentencing under chapter 921, a felony offense that
 3779  is reclassified under this subsection is ranked one level above
 3780  the ranking under s. 921.0022 or s. 921.0023 of the offense
 3781  committed.
 3782         Section 92. For the purpose of incorporating the amendment
 3783  made by this act to section 893.135, Florida Statutes, in a
 3784  reference thereto, paragraph (c) of subsection (2) of section
 3785  812.014, Florida Statutes, is reenacted to read:
 3786         812.014 Theft.—
 3787         (2)
 3788         (c) It is grand theft of the third degree and a felony of
 3789  the third degree, punishable as provided in s. 775.082, s.
 3790  775.083, or s. 775.084, if the property stolen is:
 3791         1. Valued at $300 or more, but less than $5,000.
 3792         2. Valued at $5,000 or more, but less than $10,000.
 3793         3. Valued at $10,000 or more, but less than $20,000.
 3794         4. A will, codicil, or other testamentary instrument.
 3795         5. A firearm.
 3796         6. A motor vehicle, except as provided in paragraph (a).
 3797         7. Any commercially farmed animal, including any animal of
 3798  the equine, bovine, or swine class or other grazing animal; a
 3799  bee colony of a registered beekeeper; and aquaculture species
 3800  raised at a certified aquaculture facility. If the property
 3801  stolen is aquaculture species raised at a certified aquaculture
 3802  facility, then a $10,000 fine shall be imposed.
 3803         8. Any fire extinguisher.
 3804         9. Any amount of citrus fruit consisting of 2,000 or more
 3805  individual pieces of fruit.
 3806         10. Taken from a designated construction site identified by
 3807  the posting of a sign as provided for in s. 810.09(2)(d).
 3808         11. Any stop sign.
 3809         12. Anhydrous ammonia.
 3810         13. Any amount of a controlled substance as defined in s.
 3811  893.02. Notwithstanding any other law, separate judgments and
 3812  sentences for theft of a controlled substance under this
 3813  subparagraph and for any applicable possession of controlled
 3814  substance offense under s. 893.13 or trafficking in controlled
 3815  substance offense under s. 893.135 may be imposed when all such
 3816  offenses involve the same amount or amounts of a controlled
 3817  substance.
 3818  
 3819  However, if the property is stolen within a county that is
 3820  subject to a state of emergency declared by the Governor under
 3821  chapter 252, the property is stolen after the declaration of
 3822  emergency is made, and the perpetration of the theft is
 3823  facilitated by conditions arising from the emergency, the
 3824  offender commits a felony of the second degree, punishable as
 3825  provided in s. 775.082, s. 775.083, or s. 775.084, if the
 3826  property is valued at $5,000 or more, but less than $10,000, as
 3827  provided under subparagraph 2., or if the property is valued at
 3828  $10,000 or more, but less than $20,000, as provided under
 3829  subparagraph 3. As used in this paragraph, the term “conditions
 3830  arising from the emergency” means civil unrest, power outages,
 3831  curfews, voluntary or mandatory evacuations, or a reduction in
 3832  the presence of or the response time for first responders or
 3833  homeland security personnel. For purposes of sentencing under
 3834  chapter 921, a felony offense that is reclassified under this
 3835  paragraph is ranked one level above the ranking under s.
 3836  921.0022 or s. 921.0023 of the offense committed.
 3837         Section 93. For the purpose of incorporating the amendment
 3838  made by this act to section 893.135, Florida Statutes, in a
 3839  reference thereto, paragraph (d) of subsection (8) of section
 3840  893.13, Florida Statutes, is reenacted to read:
 3841         893.13 Prohibited acts; penalties.—
 3842         (8)
 3843         (d) Notwithstanding paragraph (c), if a prescribing
 3844  practitioner has violated paragraph (a) and received $1,000 or
 3845  more in payment for writing one or more prescriptions or, in the
 3846  case of a prescription written for a controlled substance
 3847  described in s. 893.135, has written one or more prescriptions
 3848  for a quantity of a controlled substance which, individually or
 3849  in the aggregate, meets the threshold for the offense of
 3850  trafficking in a controlled substance under s. 893.135, the
 3851  violation is reclassified as a felony of the second degree and
 3852  ranked in level 4 of the Criminal Punishment Code.
 3853         Section 94. For the purpose of incorporating the amendment
 3854  made by this act to section 893.135, Florida Statutes, in
 3855  references thereto, subsections (1) and (2) of section 893.1351,
 3856  Florida Statutes, are reenacted to read:
 3857         893.1351 Ownership, lease, rental, or possession for
 3858  trafficking in or manufacturing a controlled substance.—
 3859         (1) A person may not own, lease, or rent any place,
 3860  structure, or part thereof, trailer, or other conveyance with
 3861  the knowledge that the place, structure, trailer, or conveyance
 3862  will be used for the purpose of trafficking in a controlled
 3863  substance, as provided in s. 893.135; for the sale of a
 3864  controlled substance, as provided in s. 893.13; or for the
 3865  manufacture of a controlled substance intended for sale or
 3866  distribution to another. A person who violates this subsection
 3867  commits a felony of the third degree, punishable as provided in
 3868  s. 775.082, s. 775.083, or s. 775.084.
 3869         (2) A person may not knowingly be in actual or constructive
 3870  possession of any place, structure, or part thereof, trailer, or
 3871  other conveyance with the knowledge that the place, structure,
 3872  or part thereof, trailer, or conveyance will be used for the
 3873  purpose of trafficking in a controlled substance, as provided in
 3874  s. 893.135; for the sale of a controlled substance, as provided
 3875  in s. 893.13; or for the manufacture of a controlled substance
 3876  intended for sale or distribution to another. A person who
 3877  violates this subsection commits a felony of the second degree,
 3878  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 3879         Section 95. For the purpose of incorporating the amendment
 3880  made by this act to section 893.135, Florida Statutes, in a
 3881  reference thereto, section 903.133, Florida Statutes, is
 3882  reenacted to read:
 3883         903.133 Bail on appeal; prohibited for certain felony
 3884  convictions.—Notwithstanding the provisions of s. 903.132, no
 3885  person adjudged guilty of a felony of the first degree for a
 3886  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
 3887  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
 3888  violation of s. 794.011(2) or (3), shall be admitted to bail
 3889  pending review either by posttrial motion or appeal.
 3890         Section 96. For the purpose of incorporating the amendment
 3891  made by this act to section 893.135, Florida Statutes, in a
 3892  reference thereto, paragraph (c) of subsection (4) of section
 3893  907.041, Florida Statutes, is reenacted to read:
 3894         907.041 Pretrial detention and release.—
 3895         (4) PRETRIAL DETENTION.—
 3896         (c) The court may order pretrial detention if it finds a
 3897  substantial probability, based on a defendant’s past and present
 3898  patterns of behavior, the criteria in s. 903.046, and any other
 3899  relevant facts, that any of the following circumstances exist:
 3900         1. The defendant has previously violated conditions of
 3901  release and that no further conditions of release are reasonably
 3902  likely to assure the defendant’s appearance at subsequent
 3903  proceedings;
 3904         2. The defendant, with the intent to obstruct the judicial
 3905  process, has threatened, intimidated, or injured any victim,
 3906  potential witness, juror, or judicial officer, or has attempted
 3907  or conspired to do so, and that no condition of release will
 3908  reasonably prevent the obstruction of the judicial process;
 3909         3. The defendant is charged with trafficking in controlled
 3910  substances as defined by s. 893.135, that there is a substantial
 3911  probability that the defendant has committed the offense, and
 3912  that no conditions of release will reasonably assure the
 3913  defendant’s appearance at subsequent criminal proceedings;
 3914         4. The defendant is charged with DUI manslaughter, as
 3915  defined by s. 316.193, and that there is a substantial
 3916  probability that the defendant committed the crime and that the
 3917  defendant poses a threat of harm to the community; conditions
 3918  that would support a finding by the court pursuant to this
 3919  subparagraph that the defendant poses a threat of harm to the
 3920  community include, but are not limited to, any of the following:
 3921         a. The defendant has previously been convicted of any crime
 3922  under s. 316.193, or of any crime in any other state or
 3923  territory of the United States that is substantially similar to
 3924  any crime under s. 316.193;
 3925         b. The defendant was driving with a suspended driver
 3926  license when the charged crime was committed; or
 3927         c. The defendant has previously been found guilty of, or
 3928  has had adjudication of guilt withheld for, driving while the
 3929  defendant’s driver license was suspended or revoked in violation
 3930  of s. 322.34;
 3931         5. The defendant poses the threat of harm to the community.
 3932  The court may so conclude, if it finds that the defendant is
 3933  presently charged with a dangerous crime, that there is a
 3934  substantial probability that the defendant committed such crime,
 3935  that the factual circumstances of the crime indicate a disregard
 3936  for the safety of the community, and that there are no
 3937  conditions of release reasonably sufficient to protect the
 3938  community from the risk of physical harm to persons;
 3939         6. The defendant was on probation, parole, or other release
 3940  pending completion of sentence or on pretrial release for a
 3941  dangerous crime at the time the current offense was committed;
 3942         7. The defendant has violated one or more conditions of
 3943  pretrial release or bond for the offense currently before the
 3944  court and the violation, in the discretion of the court,
 3945  supports a finding that no conditions of release can reasonably
 3946  protect the community from risk of physical harm to persons or
 3947  assure the presence of the accused at trial; or
 3948         8.a. The defendant has ever been sentenced pursuant to s.
 3949  775.082(9) or s. 775.084 as a prison releasee reoffender,
 3950  habitual violent felony offender, three-time violent felony
 3951  offender, or violent career criminal, or the state attorney
 3952  files a notice seeking that the defendant be sentenced pursuant
 3953  to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
 3954  habitual violent felony offender, three-time violent felony
 3955  offender, or violent career criminal;
 3956         b. There is a substantial probability that the defendant
 3957  committed the offense; and
 3958         c. There are no conditions of release that can reasonably
 3959  protect the community from risk of physical harm or ensure the
 3960  presence of the accused at trial.
 3961         Section 97. For the purpose of incorporating the amendment
 3962  made by this act to section 893.135, Florida Statutes, in a
 3963  reference thereto, paragraph (b) of subsection (1) of section
 3964  921.0024, Florida Statutes, is reenacted to read:
 3965         921.0024 Criminal Punishment Code; worksheet computations;
 3966  scoresheets.—
 3967         (1)
 3968         (b) WORKSHEET KEY:
 3969  
 3970  Legal status points are assessed when any form of legal status
 3971  existed at the time the offender committed an offense before the
 3972  court for sentencing. Four (4) sentence points are assessed for
 3973  an offender’s legal status.
 3974  
 3975  Community sanction violation points are assessed when a
 3976  community sanction violation is before the court for sentencing.
 3977  Six (6) sentence points are assessed for each community sanction
 3978  violation and each successive community sanction violation,
 3979  unless any of the following apply:
 3980         1. If the community sanction violation includes a new
 3981  felony conviction before the sentencing court, twelve (12)
 3982  community sanction violation points are assessed for the
 3983  violation, and for each successive community sanction violation
 3984  involving a new felony conviction.
 3985         2. If the community sanction violation is committed by a
 3986  violent felony offender of special concern as defined in s.
 3987  948.06:
 3988         a. Twelve (12) community sanction violation points are
 3989  assessed for the violation and for each successive violation of
 3990  felony probation or community control where:
 3991         I. The violation does not include a new felony conviction;
 3992  and
 3993         II. The community sanction violation is not based solely on
 3994  the probationer or offender’s failure to pay costs or fines or
 3995  make restitution payments.
 3996         b. Twenty-four (24) community sanction violation points are
 3997  assessed for the violation and for each successive violation of
 3998  felony probation or community control where the violation
 3999  includes a new felony conviction.
 4000  
 4001  Multiple counts of community sanction violations before the
 4002  sentencing court shall not be a basis for multiplying the
 4003  assessment of community sanction violation points.
 4004  
 4005  Prior serious felony points: If the offender has a primary
 4006  offense or any additional offense ranked in level 8, level 9, or
 4007  level 10, and one or more prior serious felonies, a single
 4008  assessment of thirty (30) points shall be added. For purposes of
 4009  this section, a prior serious felony is an offense in the
 4010  offender’s prior record that is ranked in level 8, level 9, or
 4011  level 10 under s. 921.0022 or s. 921.0023 and for which the
 4012  offender is serving a sentence of confinement, supervision, or
 4013  other sanction or for which the offender’s date of release from
 4014  confinement, supervision, or other sanction, whichever is later,
 4015  is within 3 years before the date the primary offense or any
 4016  additional offense was committed.
 4017  
 4018  Prior capital felony points: If the offender has one or more
 4019  prior capital felonies in the offender’s criminal record, points
 4020  shall be added to the subtotal sentence points of the offender
 4021  equal to twice the number of points the offender receives for
 4022  the primary offense and any additional offense. A prior capital
 4023  felony in the offender’s criminal record is a previous capital
 4024  felony offense for which the offender has entered a plea of nolo
 4025  contendere or guilty or has been found guilty; or a felony in
 4026  another jurisdiction which is a capital felony in that
 4027  jurisdiction, or would be a capital felony if the offense were
 4028  committed in this state.
 4029  
 4030  Possession of a firearm, semiautomatic firearm, or machine gun:
 4031  If the offender is convicted of committing or attempting to
 4032  commit any felony other than those enumerated in s. 775.087(2)
 4033  while having in his or her possession: a firearm as defined in
 4034  s. 790.001(6), an additional eighteen (18) sentence points are
 4035  assessed; or if the offender is convicted of committing or
 4036  attempting to commit any felony other than those enumerated in
 4037  s. 775.087(3) while having in his or her possession a
 4038  semiautomatic firearm as defined in s. 775.087(3) or a machine
 4039  gun as defined in s. 790.001(9), an additional twenty-five (25)
 4040  sentence points are assessed.
 4041  
 4042  Sentencing multipliers:
 4043  
 4044  Drug trafficking: If the primary offense is drug trafficking
 4045  under s. 893.135, the subtotal sentence points are multiplied,
 4046  at the discretion of the court, for a level 7 or level 8
 4047  offense, by 1.5. The state attorney may move the sentencing
 4048  court to reduce or suspend the sentence of a person convicted of
 4049  a level 7 or level 8 offense, if the offender provides
 4050  substantial assistance as described in s. 893.135(4).
 4051  
 4052  Law enforcement protection: If the primary offense is a
 4053  violation of the Law Enforcement Protection Act under s.
 4054  775.0823(2), (3), or (4), the subtotal sentence points are
 4055  multiplied by 2.5. If the primary offense is a violation of s.
 4056  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
 4057  are multiplied by 2.0. If the primary offense is a violation of
 4058  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
 4059  Protection Act under s. 775.0823(10) or (11), the subtotal
 4060  sentence points are multiplied by 1.5.
 4061  
 4062  Grand theft of a motor vehicle: If the primary offense is grand
 4063  theft of the third degree involving a motor vehicle and in the
 4064  offender’s prior record, there are three or more grand thefts of
 4065  the third degree involving a motor vehicle, the subtotal
 4066  sentence points are multiplied by 1.5.
 4067  
 4068  Offense related to a criminal gang: If the offender is convicted
 4069  of the primary offense and committed that offense for the
 4070  purpose of benefiting, promoting, or furthering the interests of
 4071  a criminal gang as defined in s. 874.03, the subtotal sentence
 4072  points are multiplied by 1.5. If applying the multiplier results
 4073  in the lowest permissible sentence exceeding the statutory
 4074  maximum sentence for the primary offense under chapter 775, the
 4075  court may not apply the multiplier and must sentence the
 4076  defendant to the statutory maximum sentence.
 4077  
 4078  Domestic violence in the presence of a child: If the offender is
 4079  convicted of the primary offense and the primary offense is a
 4080  crime of domestic violence, as defined in s. 741.28, which was
 4081  committed in the presence of a child under 16 years of age who
 4082  is a family or household member as defined in s. 741.28(3) with
 4083  the victim or perpetrator, the subtotal sentence points are
 4084  multiplied by 1.5.
 4085  
 4086  Adult-on-minor sex offense: If the offender was 18 years of age
 4087  or older and the victim was younger than 18 years of age at the
 4088  time the offender committed the primary offense, and if the
 4089  primary offense was an offense committed on or after October 1,
 4090  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
 4091  violation involved a victim who was a minor and, in the course
 4092  of committing that violation, the defendant committed a sexual
 4093  battery under chapter 794 or a lewd act under s. 800.04 or s.
 4094  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
 4095  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
 4096  800.04; or s. 847.0135(5), the subtotal sentence points are
 4097  multiplied by 2.0. If applying the multiplier results in the
 4098  lowest permissible sentence exceeding the statutory maximum
 4099  sentence for the primary offense under chapter 775, the court
 4100  may not apply the multiplier and must sentence the defendant to
 4101  the statutory maximum sentence.
 4102         Section 98. For the purpose of incorporating the amendment
 4103  made by this act to section 932.7061, Florida Statutes, in a
 4104  reference thereto, section 932.7062, Florida Statutes, is
 4105  reenacted to read:
 4106         932.7062 Penalty for noncompliance with reporting
 4107  requirements.—A seizing agency that fails to comply with the
 4108  reporting requirements in s. 932.7061 is subject to a civil fine
 4109  of $5,000, to be determined by the Chief Financial Officer and
 4110  payable to the General Revenue Fund. However, such agency is not
 4111  subject to the fine if, within 60 days after receipt of written
 4112  notification from the Department of Law Enforcement of
 4113  noncompliance with the reporting requirements of the Florida
 4114  Contraband Forfeiture Act, the agency substantially complies
 4115  with those requirements. The Department of Law Enforcement shall
 4116  submit any substantial noncompliance to the office of Chief
 4117  Financial Officer, which shall be responsible for the
 4118  enforcement of this section.
 4119         Section 99. For the purpose of incorporating the amendment
 4120  made by this act to section 944.704, Florida Statutes, in a
 4121  reference thereto, subsection (3) of section 944.026, Florida
 4122  Statutes, is reenacted to read:
 4123         944.026 Community-based facilities and programs.—
 4124         (3)(a) The department shall develop and implement
 4125  procedures to diagnose offenders prior to sentencing, for the
 4126  purpose of recommending to the sentencing court suitable
 4127  candidates for placement in a community-based residential drug
 4128  treatment facility or probation and restitution center as
 4129  provided in this section. The department shall also develop and
 4130  implement procedures to properly identify inmates prior to
 4131  release who demonstrate the need for or interest in and
 4132  suitability for placement in a community-based substance abuse
 4133  transition housing program as provided in this section and
 4134  pursuant to ss. 944.4731 and 944.704.
 4135         (b) Pretrial intervention programs in appropriate counties
 4136  to provide early counseling and supervision services to
 4137  specified offenders as provided in s. 948.08.
 4138         Section 100. For the purpose of incorporating the amendment
 4139  made by this act to section 944.801, Florida Statutes, in a
 4140  reference thereto, subsection (2) of section 447.203, Florida
 4141  Statutes, is reenacted to read:
 4142         447.203 Definitions.—As used in this part:
 4143         (2) “Public employer” or “employer” means the state or any
 4144  county, municipality, or special district or any subdivision or
 4145  agency thereof which the commission determines has sufficient
 4146  legal distinctiveness properly to carry out the functions of a
 4147  public employer. With respect to all public employees determined
 4148  by the commission as properly belonging to a statewide
 4149  bargaining unit composed of State Career Service System
 4150  employees or Selected Professional Service employees, the
 4151  Governor shall be deemed to be the public employer; and the
 4152  Board of Governors of the State University System, or the
 4153  board’s designee, shall be deemed to be the public employer with
 4154  respect to all public employees of each constituent state
 4155  university. The board of trustees of a community college shall
 4156  be deemed to be the public employer with respect to all
 4157  employees of the community college. The district school board
 4158  shall be deemed to be the public employer with respect to all
 4159  employees of the school district. The Board of Trustees of the
 4160  Florida School for the Deaf and the Blind shall be deemed to be
 4161  the public employer with respect to the academic and academic
 4162  administrative personnel of the Florida School for the Deaf and
 4163  the Blind. The Governor shall be deemed to be the public
 4164  employer with respect to all employees in the Correctional
 4165  Education Program of the Department of Corrections established
 4166  pursuant to s. 944.801.
 4167         Section 101. For the purpose of incorporating the amendment
 4168  made by this act to section 947.149, Florida Statutes, in a
 4169  reference thereto, subsection (6) of section 316.1935, Florida
 4170  Statutes, is reenacted to read:
 4171         316.1935 Fleeing or attempting to elude a law enforcement
 4172  officer; aggravated fleeing or eluding.—
 4173         (6) Notwithstanding s. 948.01, no court may suspend, defer,
 4174  or withhold adjudication of guilt or imposition of sentence for
 4175  any violation of this section. A person convicted and sentenced
 4176  to a mandatory minimum term of incarceration under paragraph
 4177  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
 4178  time under s. 944.275 or any form of discretionary early
 4179  release, other than pardon or executive clemency or conditional
 4180  medical release under s. 947.149, prior to serving the mandatory
 4181  minimum sentence.
 4182         Section 102. For the purpose of incorporating the amendment
 4183  made by this act to section 947.149, Florida Statutes, in a
 4184  reference thereto, paragraph (k) of subsection (4) of section
 4185  775.084, Florida Statutes, is reenacted to read:
 4186         775.084 Violent career criminals; habitual felony offenders
 4187  and habitual violent felony offenders; three-time violent felony
 4188  offenders; definitions; procedure; enhanced penalties or
 4189  mandatory minimum prison terms.—
 4190         (4)
 4191         (k)1. A defendant sentenced under this section as a
 4192  habitual felony offender, a habitual violent felony offender, or
 4193  a violent career criminal is eligible for gain-time granted by
 4194  the Department of Corrections as provided in s. 944.275(4)(b).
 4195         2. For an offense committed on or after October 1, 1995, a
 4196  defendant sentenced under this section as a violent career
 4197  criminal is not eligible for any form of discretionary early
 4198  release, other than pardon or executive clemency, or conditional
 4199  medical release granted pursuant to s. 947.149.
 4200         3. For an offense committed on or after July 1, 1999, a
 4201  defendant sentenced under this section as a three-time violent
 4202  felony offender shall be released only by expiration of sentence
 4203  and shall not be eligible for parole, control release, or any
 4204  form of early release.
 4205         Section 103. For the purpose of incorporating the amendment
 4206  made by this act to section 947.149, Florida Statutes, in
 4207  references thereto, paragraph (b) of subsection (2) and
 4208  paragraph (b) of subsection (3) of section 775.087, Florida
 4209  Statutes, are reenacted to read:
 4210         775.087 Possession or use of weapon; aggravated battery;
 4211  felony reclassification; minimum sentence.—
 4212         (2)
 4213         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
 4214  (a)3. does not prevent a court from imposing a longer sentence
 4215  of incarceration as authorized by law in addition to the minimum
 4216  mandatory sentence, or from imposing a sentence of death
 4217  pursuant to other applicable law. Subparagraph (a)1.,
 4218  subparagraph (a)2., or subparagraph (a)3. does not authorize a
 4219  court to impose a lesser sentence than otherwise required by
 4220  law.
 4221  
 4222  Notwithstanding s. 948.01, adjudication of guilt or imposition
 4223  of sentence shall not be suspended, deferred, or withheld, and
 4224  the defendant is not eligible for statutory gain-time under s.
 4225  944.275 or any form of discretionary early release, other than
 4226  pardon or executive clemency, or conditional medical release
 4227  under s. 947.149, prior to serving the minimum sentence.
 4228         (3)
 4229         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
 4230  (a)3. does not prevent a court from imposing a longer sentence
 4231  of incarceration as authorized by law in addition to the minimum
 4232  mandatory sentence, or from imposing a sentence of death
 4233  pursuant to other applicable law. Subparagraph (a)1.,
 4234  subparagraph (a)2., or subparagraph (a)3. does not authorize a
 4235  court to impose a lesser sentence than otherwise required by
 4236  law.
 4237  
 4238  Notwithstanding s. 948.01, adjudication of guilt or imposition
 4239  of sentence shall not be suspended, deferred, or withheld, and
 4240  the defendant is not eligible for statutory gain-time under s.
 4241  944.275 or any form of discretionary early release, other than
 4242  pardon or executive clemency, or conditional medical release
 4243  under s. 947.149, prior to serving the minimum sentence.
 4244         Section 104. For the purpose of incorporating the amendment
 4245  made by this act to section 947.149, Florida Statutes, in a
 4246  reference thereto, subsection (3) of section 784.07, Florida
 4247  Statutes, is reenacted to read:
 4248         784.07 Assault or battery of law enforcement officers,
 4249  firefighters, emergency medical care providers, public transit
 4250  employees or agents, or other specified officers;
 4251  reclassification of offenses; minimum sentences.—
 4252         (3) Any person who is convicted of a battery under
 4253  paragraph (2)(b) and, during the commission of the offense, such
 4254  person possessed:
 4255         (a) A “firearm” or “destructive device” as those terms are
 4256  defined in s. 790.001, shall be sentenced to a minimum term of
 4257  imprisonment of 3 years.
 4258         (b) A semiautomatic firearm and its high-capacity
 4259  detachable box magazine, as defined in s. 775.087(3), or a
 4260  machine gun as defined in s. 790.001, shall be sentenced to a
 4261  minimum term of imprisonment of 8 years.
 4262  
 4263  Notwithstanding s. 948.01, adjudication of guilt or imposition
 4264  of sentence shall not be suspended, deferred, or withheld, and
 4265  the defendant is not eligible for statutory gain-time under s.
 4266  944.275 or any form of discretionary early release, other than
 4267  pardon or executive clemency, or conditional medical release
 4268  under s. 947.149, prior to serving the minimum sentence.
 4269         Section 105. For the purpose of incorporating the amendment
 4270  made by this act to section 947.149, Florida Statutes, in a
 4271  reference thereto, subsection (1) of section 790.235, Florida
 4272  Statutes, is reenacted to read:
 4273         790.235 Possession of firearm or ammunition by violent
 4274  career criminal unlawful; penalty.—
 4275         (1) Any person who meets the violent career criminal
 4276  criteria under s. 775.084(1)(d), regardless of whether such
 4277  person is or has previously been sentenced as a violent career
 4278  criminal, who owns or has in his or her care, custody,
 4279  possession, or control any firearm, ammunition, or electric
 4280  weapon or device, or carries a concealed weapon, including a
 4281  tear gas gun or chemical weapon or device, commits a felony of
 4282  the first degree, punishable as provided in s. 775.082, s.
 4283  775.083, or s. 775.084. A person convicted of a violation of
 4284  this section shall be sentenced to a mandatory minimum of 15
 4285  years’ imprisonment; however, if the person would be sentenced
 4286  to a longer term of imprisonment under s. 775.084(4)(d), the
 4287  person must be sentenced under that provision. A person
 4288  convicted of a violation of this section is not eligible for any
 4289  form of discretionary early release, other than pardon,
 4290  executive clemency, or conditional medical release under s.
 4291  947.149.
 4292         Section 106. For the purpose of incorporating the amendment
 4293  made by this act to section 947.149, Florida Statutes, in a
 4294  reference thereto, subsection (7) of section 794.0115, Florida
 4295  Statutes, is reenacted to read:
 4296         794.0115 Dangerous sexual felony offender; mandatory
 4297  sentencing.—
 4298         (7) A defendant sentenced to a mandatory minimum term of
 4299  imprisonment under this section is not eligible for statutory
 4300  gain-time under s. 944.275 or any form of discretionary early
 4301  release, other than pardon or executive clemency, or conditional
 4302  medical release under s. 947.149, before serving the minimum
 4303  sentence.
 4304         Section 107. For the purpose of incorporating the amendment
 4305  made by this act to section 947.149, Florida Statutes, in
 4306  references thereto, paragraphs (b), (c), and (g) of subsection
 4307  (1) and subsection (3) of section 893.135, Florida Statutes, are
 4308  reenacted to read:
 4309         893.135 Trafficking; mandatory sentences; suspension or
 4310  reduction of sentences; conspiracy to engage in trafficking.—
 4311         (1) Except as authorized in this chapter or in chapter 499
 4312  and notwithstanding the provisions of s. 893.13:
 4313         (b)1. Any person who knowingly sells, purchases,
 4314  manufactures, delivers, or brings into this state, or who is
 4315  knowingly in actual or constructive possession of, 28 grams or
 4316  more of cocaine, as described in s. 893.03(2)(a)4., or of any
 4317  mixture containing cocaine, but less than 150 kilograms of
 4318  cocaine or any such mixture, commits a felony of the first
 4319  degree, which felony shall be known as “trafficking in cocaine,”
 4320  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 4321  If the quantity involved:
 4322         a. Is 28 grams or more, but less than 200 grams, such
 4323  person shall be sentenced to a mandatory minimum term of
 4324  imprisonment of 3 years, and the defendant shall be ordered to
 4325  pay a fine of $50,000.
 4326         b. Is 200 grams or more, but less than 400 grams, such
 4327  person shall be sentenced to a mandatory minimum term of
 4328  imprisonment of 7 years, and the defendant shall be ordered to
 4329  pay a fine of $100,000.
 4330         c. Is 400 grams or more, but less than 150 kilograms, such
 4331  person shall be sentenced to a mandatory minimum term of
 4332  imprisonment of 15 calendar years and pay a fine of $250,000.
 4333         2. Any person who knowingly sells, purchases, manufactures,
 4334  delivers, or brings into this state, or who is knowingly in
 4335  actual or constructive possession of, 150 kilograms or more of
 4336  cocaine, as described in s. 893.03(2)(a)4., commits the first
 4337  degree felony of trafficking in cocaine. A person who has been
 4338  convicted of the first degree felony of trafficking in cocaine
 4339  under this subparagraph shall be punished by life imprisonment
 4340  and is ineligible for any form of discretionary early release
 4341  except pardon or executive clemency or conditional medical
 4342  release under s. 947.149. However, if the court determines that,
 4343  in addition to committing any act specified in this paragraph:
 4344         a. The person intentionally killed an individual or
 4345  counseled, commanded, induced, procured, or caused the
 4346  intentional killing of an individual and such killing was the
 4347  result; or
 4348         b. The person’s conduct in committing that act led to a
 4349  natural, though not inevitable, lethal result,
 4350  
 4351  such person commits the capital felony of trafficking in
 4352  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
 4353  person sentenced for a capital felony under this paragraph shall
 4354  also be sentenced to pay the maximum fine provided under
 4355  subparagraph 1.
 4356         3. Any person who knowingly brings into this state 300
 4357  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
 4358  and who knows that the probable result of such importation would
 4359  be the death of any person, commits capital importation of
 4360  cocaine, a capital felony punishable as provided in ss. 775.082
 4361  and 921.142. Any person sentenced for a capital felony under
 4362  this paragraph shall also be sentenced to pay the maximum fine
 4363  provided under subparagraph 1.
 4364         (c)1. A person who knowingly sells, purchases,
 4365  manufactures, delivers, or brings into this state, or who is
 4366  knowingly in actual or constructive possession of, 4 grams or
 4367  more of any morphine, opium, hydromorphone, or any salt,
 4368  derivative, isomer, or salt of an isomer thereof, including
 4369  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
 4370  (3)(c)4., or 4 grams or more of any mixture containing any such
 4371  substance, but less than 30 kilograms of such substance or
 4372  mixture, commits a felony of the first degree, which felony
 4373  shall be known as “trafficking in illegal drugs,” punishable as
 4374  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 4375  quantity involved:
 4376         a. Is 4 grams or more, but less than 14 grams, such person
 4377  shall be sentenced to a mandatory minimum term of imprisonment
 4378  of 3 years and shall be ordered to pay a fine of $50,000.
 4379         b. Is 14 grams or more, but less than 28 grams, such person
 4380  shall be sentenced to a mandatory minimum term of imprisonment
 4381  of 15 years and shall be ordered to pay a fine of $100,000.
 4382         c. Is 28 grams or more, but less than 30 kilograms, such
 4383  person shall be sentenced to a mandatory minimum term of
 4384  imprisonment of 25 years and shall be ordered to pay a fine of
 4385  $500,000.
 4386         2. A person who knowingly sells, purchases, manufactures,
 4387  delivers, or brings into this state, or who is knowingly in
 4388  actual or constructive possession of, 14 grams or more of
 4389  hydrocodone, as described in s. 893.03(2)(a)1.j., codeine, as
 4390  described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
 4391  grams or more of any mixture containing any such substance,
 4392  commits a felony of the first degree, which felony shall be
 4393  known as “trafficking in hydrocodone,” punishable as provided in
 4394  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
 4395         a. Is 14 grams or more, but less than 28 grams, such person
 4396  shall be sentenced to a mandatory minimum term of imprisonment
 4397  of 3 years and shall be ordered to pay a fine of $50,000.
 4398         b. Is 28 grams or more, but less than 50 grams, such person
 4399  shall be sentenced to a mandatory minimum term of imprisonment
 4400  of 7 years and shall be ordered to pay a fine of $100,000.
 4401         c. Is 50 grams or more, but less than 200 grams, such
 4402  person shall be sentenced to a mandatory minimum term of
 4403  imprisonment of 15 years and shall be ordered to pay a fine of
 4404  $500,000.
 4405         d. Is 200 grams or more, but less than 30 kilograms, such
 4406  person shall be sentenced to a mandatory minimum term of
 4407  imprisonment of 25 years and shall be ordered to pay a fine of
 4408  $750,000.
 4409         3. A person who knowingly sells, purchases, manufactures,
 4410  delivers, or brings into this state, or who is knowingly in
 4411  actual or constructive possession of, 7 grams or more of
 4412  oxycodone, as described in s. 893.03(2)(a)1.o., or any salt
 4413  thereof, or 7 grams or more of any mixture containing any such
 4414  substance, commits a felony of the first degree, which felony
 4415  shall be known as “trafficking in oxycodone,” punishable as
 4416  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 4417  quantity involved:
 4418         a. Is 7 grams or more, but less than 14 grams, such person
 4419  shall be sentenced to a mandatory minimum term of imprisonment
 4420  of 3 years and shall be ordered to pay a fine of $50,000.
 4421         b. Is 14 grams or more, but less than 25 grams, such person
 4422  shall be sentenced to a mandatory minimum term of imprisonment
 4423  of 7 years and shall be ordered to pay a fine of $100,000.
 4424         c. Is 25 grams or more, but less than 100 grams, such
 4425  person shall be sentenced to a mandatory minimum term of
 4426  imprisonment of 15 years and shall be ordered to pay a fine of
 4427  $500,000.
 4428         d. Is 100 grams or more, but less than 30 kilograms, such
 4429  person shall be sentenced to a mandatory minimum term of
 4430  imprisonment of 25 years and shall be ordered to pay a fine of
 4431  $750,000.
 4432         4.a. A person who knowingly sells, purchases, manufactures,
 4433  delivers, or brings into this state, or who is knowingly in
 4434  actual or constructive possession of, 4 grams or more of:
 4435         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
 4436         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
 4437         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
 4438         (IV) Sufentanil, as described in s. 893.03(2)(b)29.;
 4439         (V) A fentanyl derivative, as described in s.
 4440  893.03(1)(a)62.;
 4441         (VI) A controlled substance analog, as described in s.
 4442  893.0356, of any substance described in sub-sub-subparagraphs
 4443  (I)-(V); or
 4444         (VII) A mixture containing any substance described in sub
 4445  sub-subparagraphs (I)-(VI),
 4446  
 4447  commits a felony of the first degree, which felony shall be
 4448  known as “trafficking in fentanyl,” punishable as provided in s.
 4449  775.082, s. 775.083, or s. 775.084.
 4450         b. If the quantity involved under sub-subparagraph a.:
 4451         (I) Is 4 grams or more, but less than 14 grams, such person
 4452  shall be sentenced to a mandatory minimum term of imprisonment
 4453  of 3 years, and shall be ordered to pay a fine of $50,000.
 4454         (II) Is 14 grams or more, but less than 28 grams, such
 4455  person shall be sentenced to a mandatory minimum term of
 4456  imprisonment of 15 years, and shall be ordered to pay a fine of
 4457  $100,000.
 4458         (III) Is 28 grams or more, such person shall be sentenced
 4459  to a mandatory minimum term of imprisonment of 25 years, and
 4460  shall be ordered to pay a fine of $500,000.
 4461         5. A person who knowingly sells, purchases, manufactures,
 4462  delivers, or brings into this state, or who is knowingly in
 4463  actual or constructive possession of, 30 kilograms or more of
 4464  any morphine, opium, oxycodone, hydrocodone, codeine,
 4465  hydromorphone, or any salt, derivative, isomer, or salt of an
 4466  isomer thereof, including heroin, as described in s.
 4467  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 4468  more of any mixture containing any such substance, commits the
 4469  first degree felony of trafficking in illegal drugs. A person
 4470  who has been convicted of the first degree felony of trafficking
 4471  in illegal drugs under this subparagraph shall be punished by
 4472  life imprisonment and is ineligible for any form of
 4473  discretionary early release except pardon or executive clemency
 4474  or conditional medical release under s. 947.149. However, if the
 4475  court determines that, in addition to committing any act
 4476  specified in this paragraph:
 4477         a. The person intentionally killed an individual or
 4478  counseled, commanded, induced, procured, or caused the
 4479  intentional killing of an individual and such killing was the
 4480  result; or
 4481         b. The person’s conduct in committing that act led to a
 4482  natural, though not inevitable, lethal result,
 4483  
 4484  such person commits the capital felony of trafficking in illegal
 4485  drugs, punishable as provided in ss. 775.082 and 921.142. A
 4486  person sentenced for a capital felony under this paragraph shall
 4487  also be sentenced to pay the maximum fine provided under
 4488  subparagraph 1.
 4489         6. A person who knowingly brings into this state 60
 4490  kilograms or more of any morphine, opium, oxycodone,
 4491  hydrocodone, codeine, hydromorphone, or any salt, derivative,
 4492  isomer, or salt of an isomer thereof, including heroin, as
 4493  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
 4494  60 kilograms or more of any mixture containing any such
 4495  substance, and who knows that the probable result of such
 4496  importation would be the death of a person, commits capital
 4497  importation of illegal drugs, a capital felony punishable as
 4498  provided in ss. 775.082 and 921.142. A person sentenced for a
 4499  capital felony under this paragraph shall also be sentenced to
 4500  pay the maximum fine provided under subparagraph 1.
 4501         (g)1. Any person who knowingly sells, purchases,
 4502  manufactures, delivers, or brings into this state, or who is
 4503  knowingly in actual or constructive possession of, 4 grams or
 4504  more of flunitrazepam or any mixture containing flunitrazepam as
 4505  described in s. 893.03(1)(a) commits a felony of the first
 4506  degree, which felony shall be known as “trafficking in
 4507  flunitrazepam,” punishable as provided in s. 775.082, s.
 4508  775.083, or s. 775.084. If the quantity involved:
 4509         a. Is 4 grams or more but less than 14 grams, such person
 4510  shall be sentenced to a mandatory minimum term of imprisonment
 4511  of 3 years, and the defendant shall be ordered to pay a fine of
 4512  $50,000.
 4513         b. Is 14 grams or more but less than 28 grams, such person
 4514  shall be sentenced to a mandatory minimum term of imprisonment
 4515  of 7 years, and the defendant shall be ordered to pay a fine of
 4516  $100,000.
 4517         c. Is 28 grams or more but less than 30 kilograms, such
 4518  person shall be sentenced to a mandatory minimum term of
 4519  imprisonment of 25 calendar years and pay a fine of $500,000.
 4520         2. Any person who knowingly sells, purchases, manufactures,
 4521  delivers, or brings into this state or who is knowingly in
 4522  actual or constructive possession of 30 kilograms or more of
 4523  flunitrazepam or any mixture containing flunitrazepam as
 4524  described in s. 893.03(1)(a) commits the first degree felony of
 4525  trafficking in flunitrazepam. A person who has been convicted of
 4526  the first degree felony of trafficking in flunitrazepam under
 4527  this subparagraph shall be punished by life imprisonment and is
 4528  ineligible for any form of discretionary early release except
 4529  pardon or executive clemency or conditional medical release
 4530  under s. 947.149. However, if the court determines that, in
 4531  addition to committing any act specified in this paragraph:
 4532         a. The person intentionally killed an individual or
 4533  counseled, commanded, induced, procured, or caused the
 4534  intentional killing of an individual and such killing was the
 4535  result; or
 4536         b. The person’s conduct in committing that act led to a
 4537  natural, though not inevitable, lethal result,
 4538  
 4539  such person commits the capital felony of trafficking in
 4540  flunitrazepam, punishable as provided in ss. 775.082 and
 4541  921.142. Any person sentenced for a capital felony under this
 4542  paragraph shall also be sentenced to pay the maximum fine
 4543  provided under subparagraph 1.
 4544         (3) Notwithstanding the provisions of s. 948.01, with
 4545  respect to any person who is found to have violated this
 4546  section, adjudication of guilt or imposition of sentence shall
 4547  not be suspended, deferred, or withheld, nor shall such person
 4548  be eligible for parole prior to serving the mandatory minimum
 4549  term of imprisonment prescribed by this section. A person
 4550  sentenced to a mandatory minimum term of imprisonment under this
 4551  section is not eligible for any form of discretionary early
 4552  release, except pardon or executive clemency or conditional
 4553  medical release under s. 947.149, prior to serving the mandatory
 4554  minimum term of imprisonment.
 4555         Section 108. For the purpose of incorporating the amendment
 4556  made by this act to section 947.149, Florida Statutes, in a
 4557  reference thereto, subsection (2) of section 921.0024, Florida
 4558  Statutes, is reenacted to read:
 4559         921.0024 Criminal Punishment Code; worksheet computations;
 4560  scoresheets.—
 4561         (2) The lowest permissible sentence is the minimum sentence
 4562  that may be imposed by the trial court, absent a valid reason
 4563  for departure. The lowest permissible sentence is any nonstate
 4564  prison sanction in which the total sentence points equals or is
 4565  less than 44 points, unless the court determines within its
 4566  discretion that a prison sentence, which may be up to the
 4567  statutory maximums for the offenses committed, is appropriate.
 4568  When the total sentence points exceeds 44 points, the lowest
 4569  permissible sentence in prison months shall be calculated by
 4570  subtracting 28 points from the total sentence points and
 4571  decreasing the remaining total by 25 percent. The total sentence
 4572  points shall be calculated only as a means of determining the
 4573  lowest permissible sentence. The permissible range for
 4574  sentencing shall be the lowest permissible sentence up to and
 4575  including the statutory maximum, as defined in s. 775.082, for
 4576  the primary offense and any additional offenses before the court
 4577  for sentencing. The sentencing court may impose such sentences
 4578  concurrently or consecutively. However, any sentence to state
 4579  prison must exceed 1 year. If the lowest permissible sentence
 4580  under the code exceeds the statutory maximum sentence as
 4581  provided in s. 775.082, the sentence required by the code must
 4582  be imposed. If the total sentence points are greater than or
 4583  equal to 363, the court may sentence the offender to life
 4584  imprisonment. An offender sentenced to life imprisonment under
 4585  this section is not eligible for any form of discretionary early
 4586  release, except executive clemency or conditional medical
 4587  release under s. 947.149.
 4588         Section 109. For the purpose of incorporating the amendment
 4589  made by this act to section 947.149, Florida Statutes, in a
 4590  reference thereto, paragraph (b) of subsection (7) of section
 4591  944.605, Florida Statutes, is reenacted to read:
 4592         944.605 Inmate release; notification; identification card.—
 4593         (7)
 4594         (b) Paragraph (a) does not apply to inmates who:
 4595         1. The department determines have a valid driver license or
 4596  state identification card, except that the department shall
 4597  provide these inmates with a replacement state identification
 4598  card or replacement driver license, if necessary.
 4599         2. Have an active detainer, unless the department
 4600  determines that cancellation of the detainer is likely or that
 4601  the incarceration for which the detainer was issued will be less
 4602  than 12 months in duration.
 4603         3. Are released due to an emergency release or a
 4604  conditional medical release under s. 947.149.
 4605         4. Are not in the physical custody of the department at or
 4606  within 180 days before release.
 4607         5. Are subject to sex offender residency restrictions, and
 4608  who, upon release under such restrictions, do not have a
 4609  qualifying address.
 4610         Section 110. For the purpose of incorporating the amendment
 4611  made by this act to section 947.149, Florida Statutes, in a
 4612  reference thereto, paragraph (b) of subsection (1) of section
 4613  944.70, Florida Statutes, is reenacted to read:
 4614         944.70 Conditions for release from incarceration.—
 4615         (1)
 4616         (b) A person who is convicted of a crime committed on or
 4617  after January 1, 1994, may be released from incarceration only:
 4618         1. Upon expiration of the person’s sentence;
 4619         2. Upon expiration of the person’s sentence as reduced by
 4620  accumulated meritorious or incentive gain-time;
 4621         3. As directed by an executive order granting clemency;
 4622         4. Upon placement in a conditional release program pursuant
 4623  to s. 947.1405 or a conditional medical release program pursuant
 4624  to s. 947.149; or
 4625         5. Upon the granting of control release, including
 4626  emergency control release, pursuant to s. 947.146.
 4627         Section 111. For the purpose of incorporating the amendment
 4628  made by this act to section 947.149, Florida Statutes, in a
 4629  reference thereto, paragraph (h) of subsection (1) of section
 4630  947.13, Florida Statutes, is reenacted to read:
 4631         947.13 Powers and duties of commission.—
 4632         (1) The commission shall have the powers and perform the
 4633  duties of:
 4634         (h) Determining what persons will be released on
 4635  conditional medical release under s. 947.149, establishing the
 4636  conditions of conditional medical release, and determining
 4637  whether a person has violated the conditions of conditional
 4638  medical release and taking action with respect to such a
 4639  violation.
 4640         Section 112. For the purpose of incorporating the amendment
 4641  made by this act to section 947.149, Florida Statutes, in
 4642  references thereto, subsections (1), (2), and (7) of section
 4643  947.141, Florida Statutes, are reenacted to read:
 4644         947.141 Violations of conditional release, control release,
 4645  or conditional medical release or addiction-recovery
 4646  supervision.—
 4647         (1) If a member of the commission or a duly authorized
 4648  representative of the commission has reasonable grounds to
 4649  believe that an offender who is on release supervision under s.
 4650  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 4651  the terms and conditions of the release in a material respect,
 4652  such member or representative may cause a warrant to be issued
 4653  for the arrest of the releasee; if the offender was found to be
 4654  a sexual predator, the warrant must be issued.
 4655         (2) Upon the arrest on a felony charge of an offender who
 4656  is on release supervision under s. 947.1405, s. 947.146, s.
 4657  947.149, or s. 944.4731, the offender must be detained without
 4658  bond until the initial appearance of the offender at which a
 4659  judicial determination of probable cause is made. If the trial
 4660  court judge determines that there was no probable cause for the
 4661  arrest, the offender may be released. If the trial court judge
 4662  determines that there was probable cause for the arrest, such
 4663  determination also constitutes reasonable grounds to believe
 4664  that the offender violated the conditions of the release. Within
 4665  24 hours after the trial court judge’s finding of probable
 4666  cause, the detention facility administrator or designee shall
 4667  notify the commission and the department of the finding and
 4668  transmit to each a facsimile copy of the probable cause
 4669  affidavit or the sworn offense report upon which the trial court
 4670  judge’s probable cause determination is based. The offender must
 4671  continue to be detained without bond for a period not exceeding
 4672  72 hours excluding weekends and holidays after the date of the
 4673  probable cause determination, pending a decision by the
 4674  commission whether to issue a warrant charging the offender with
 4675  violation of the conditions of release. Upon the issuance of the
 4676  commission’s warrant, the offender must continue to be held in
 4677  custody pending a revocation hearing held in accordance with
 4678  this section.
 4679         (7) If a law enforcement officer has probable cause to
 4680  believe that an offender who is on release supervision under s.
 4681  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 4682  the terms and conditions of his or her release by committing a
 4683  felony offense, the officer shall arrest the offender without a
 4684  warrant, and a warrant need not be issued in the case.
 4685         Section 113. Except as otherwise expressly provided in this
 4686  act, this act shall take effect October 1, 2018.
 4687  
 4688  ================= T I T L E  A M E N D M E N T ================
 4689  And the title is amended as follows:
 4690         Delete lines 1031 - 1190
 4691  and insert:
 4692         An act relating to public safety; amending s. 20.315,
 4693         F.S.; requiring an annual report from the Department
 4694         of Corrections to the Governor and the Legislature to
 4695         include specified information; amending s. 23.1225,
 4696         F.S.; authorizing the use of a mutual aid agreement in
 4697         the event of a declared state of emergency for certain
 4698         purposes; amending s. 57.105, F.S.; providing that
 4699         attorney fees must be awarded and paid to the
 4700         prevailing party in certain civil actions unless
 4701         otherwise provided; creating s. 322.75, F.S.;
 4702         requiring each judicial circuit to establish a Driver
 4703         License Reinstatement Days program and designate at
 4704         least 1 day for reinstating suspended driver licenses
 4705         under certain circumstances; requiring participation
 4706         by certain state agencies and that interested
 4707         community organizations be included in the program;
 4708         providing duties of the clerks of court and the
 4709         Department of Highway Safety and Motor Vehicles;
 4710         authorizing the clerk of court to reduce or waive
 4711         certain fees and costs; providing for program
 4712         eligibility; amending ss. 784.046 and 784.0485, F.S.;
 4713         prohibiting the awarding of attorney fees in certain
 4714         proceedings; amending s. 812.014, F.S.; increasing the
 4715         threshold amounts for certain theft offenses; revising
 4716         the list of items the theft of which constitutes a
 4717         felony of the third degree; amending s. 812.015, F.S.;
 4718         increasing threshold amounts for certain theft
 4719         offenses; amending s. 893.135, F.S.; defining the term
 4720         “dosage unit”; providing applicability; creating a new
 4721         offense of “trafficking in pharmaceuticals”; requiring
 4722         that a person trafficking in specified drug products
 4723         approved by the Food and Drug Administration and
 4724         manufactured and distributed lawfully by a
 4725         pharmaceutical company be prosecuted under certain
 4726         provisions; providing criminal penalties; amending s.
 4727         893.147, F.S.; prohibiting the use, possession,
 4728         manufacture, delivery, transportation, advertisement,
 4729         or retail sale of specified paraphernalia, machines,
 4730         and counterfeiting materials; defining terms;
 4731         providing exceptions to the prohibition; providing
 4732         criminal penalties; amending s. 893.21, F.S.;
 4733         prohibiting the charging, prosecution, or penalizing
 4734         under specified provisions of a person acting in good
 4735         faith who seeks medical assistance for an individual
 4736         experiencing, or believed to be experiencing, an
 4737         alcohol- or a drug-related overdose; prohibiting the
 4738         charging, prosecution, or penalizing under specified
 4739         provisions of a person who experiences, or has a good
 4740         faith belief that he or she is experiencing, an
 4741         alcohol- or a drug-related overdose; prohibiting a
 4742         person from being penalized for a violation of a
 4743         condition of certain programs if that person in good
 4744         faith seeks medical assistance for himself or herself
 4745         or an individual experiencing, or believed to be
 4746         experiencing, an alcohol- or a drug-related overdose;
 4747         prohibiting the protection from charge and prosecution
 4748         for certain offenses from being grounds for
 4749         suppression of evidence in other criminal
 4750         prosecutions; creating s. 900.05, F.S.; providing
 4751         legislative intent; defining terms; requiring
 4752         specified entities to collect specified data on a
 4753         monthly basis, beginning on a certain date; requiring
 4754         specified entities to transmit certain collected data
 4755         to the Department of Law Enforcement on a quarterly
 4756         basis; requiring the Department of Law Enforcement to
 4757         compile, maintain, and make publicly accessible such
 4758         data on its website beginning on certain dates;
 4759         prohibiting certain identifying information from being
 4760         publicly accessible; providing that specified entities
 4761         are ineligible for a certain time to receive state
 4762         funding if they do not comply with data collection and
 4763         transmittal requirements; establishing a pilot project
 4764         in a specified judicial circuit to improve criminal
 4765         justice data transparency and ensure that submitted
 4766         data is accurate, valid, reliable, and structured;
 4767         authorizing certain persons to enter into a memorandum
 4768         of understanding with a national, nonpartisan,
 4769         nonprofit entity that meets certain criteria for the
 4770         purpose of embedding a data fellow in the office or
 4771         agency; establishing data fellow duties and
 4772         responsibilities; providing for the expiration of the
 4773         pilot project; providing an appropriation; creating s.
 4774         907.0421, F.S.; providing legislative findings;
 4775         authorizing the chief judge of each circuit, with
 4776         concurrence of specified persons, to enter an
 4777         administrative order for the use of a risk assessment
 4778         instrument in pretrial release determinations;
 4779         requiring the risk assessment instrument results to be
 4780         used as supplemental factors for the court’s
 4781         evaluation of appropriate pretrial release conditions;
 4782         requiring the court to impose the least restrictive
 4783         conditions necessary to reasonably ensure the
 4784         defendant’s appearance at subsequent hearings;
 4785         providing that a court retains sole discretion to
 4786         determine the appropriateness of pretrial release and
 4787         any necessary pretrial release conditions; requiring a
 4788         circuit that uses a risk assessment instrument under
 4789         this section to have the instrument validated by the
 4790         Department of Corrections; authorizing the circuit to
 4791         implement the risk assessment instrument upon
 4792         validation; requiring implementation to include proper
 4793         training of any local staff that will administer the
 4794         risk assessment instrument; requiring each circuit
 4795         that enters an administrative order to use risk
 4796         assessment instruments in pretrial determinations to
 4797         submit a report annually by a certain date to OPPAGA;
 4798         requiring OPPAGA to compile the reports and include
 4799         such information in a specified report sent to the
 4800         President of the Senate and Speaker of the House of
 4801         Representatives; authorizing the department to adopt
 4802         rules; amending s. 907.043, F.S.; requiring each
 4803         pretrial release program to include specified
 4804         additional information in its annual report; amending
 4805         s. 921.0024, F.S.; requiring scoresheets prepared for
 4806         all criminal defendants to be digitized; requiring the
 4807         Department of Corrections to develop and submit
 4808         revised digitized scoresheets to the Supreme Court for
 4809         approval; requiring digitized scoresheets to include
 4810         individual data cells for each field on the
 4811         scoresheet; requiring the clerk of court to
 4812         electronically transmit the digitized scoresheet used
 4813         in each sentencing proceeding to the Department of
 4814         Corrections; amending s. 932.7061, F.S.; revising the
 4815         deadline for submitting an annual report by law
 4816         enforcement agencies concerning property seized or
 4817         forfeited under the Florida Contraband Forfeiture Act;
 4818         amending s. 934.01, F.S.; revising and providing
 4819         legislative findings; amending s. 934.02, F.S.;
 4820         redefining the term “oral communication”; defining the
 4821         terms “microphone-enabled household device” and
 4822         “portable electronic communication device”; amending
 4823         s. 934.21, F.S.; revising the exceptions to conduct
 4824         that constitutes unlawful access to stored
 4825         communications; conforming a provision to changes made
 4826         by the act; amending s. 934.42, F.S.; defining the
 4827         terms “mobile tracking device,” “real-time location
 4828         tracking,” and “historical location data”; authorizing
 4829         an investigative or law enforcement officer to apply
 4830         to a judge of competent jurisdiction for a warrant,
 4831         rather than an order, authorizing real-time location
 4832         tracking or acquisition of historical location data;
 4833         requiring an application for a warrant to include a
 4834         statement of a reasonable period of time that the
 4835         mobile tracking device may be used or the location
 4836         data may be obtained in real time, not to exceed a
 4837         specified limit; authorizing a court to grant
 4838         extensions that do not individually exceed a specified
 4839         limit, for good cause; deleting a provision requiring
 4840         a certification to be included in the application;
 4841         providing that the court, if it finds probable cause
 4842         and finds the required statements in the application,
 4843         must grant a warrant; specifying that the warrant may
 4844         authorize real-time location tracking or acquisition
 4845         of historical location data; providing the warrant may
 4846         authorize the use of the mobile tracking device as
 4847         specified; requiring the warrant to command the
 4848         officer to complete any installation authorized by the
 4849         warrant within a certain timeframe; providing
 4850         requirements for the return of the warrant to the
 4851         judge and service of a copy of the warrant on the
 4852         person who was tracked or whose property was tracked;
 4853         specifying how a warrant authorizing historical
 4854         location data must be returned and served; authorizing
 4855         a court, for good cause, to postpone the notice
 4856         requirement for a specified time period; deleting the
 4857         definition of “tracking device”; requiring that the
 4858         standards established by Florida courts for the
 4859         installation, use, or monitoring of mobile tracking
 4860         devices and the acquisition of location data apply to
 4861         the installation, use, or monitoring of any devices
 4862         and the acquisition of location data as authorized;
 4863         authorizing any investigative or law enforcement
 4864         officer who is specially designated by certain persons
 4865         and who makes specified determinations to engage in
 4866         real-time location tracking if a warrant is later
 4867         obtained as specified; providing requirements for
 4868         engaging in real-time location tracking; specifying
 4869         when real-time location tracking must terminate;
 4870         creating s. 943.687, F.S.; requiring the Department of
 4871         Law Enforcement to collect, compile, maintain, and
 4872         manage certain data; requiring the Department of Law
 4873         Enforcement to make that data comparable,
 4874         transferable, and readily usable; requiring the
 4875         department to create a unique identifier for each
 4876         criminal case received from the clerks of court;
 4877         requiring the department to compile all data collected
 4878         and reported by local or state entities associated
 4879         with a person and to maintain all such relevant data
 4880         under the unique identifier assigned; requiring the
 4881         unique identifier to be the sole data element used to
 4882         identify an individual in any public forum; requiring
 4883         the department to create and maintain a certain
 4884         Internet-based database; providing requirements for
 4885         data searchability and sharing; requiring the
 4886         department to adopt certain rules; requiring the
 4887         department to monitor data collection procedures and
 4888         test data quality; providing for data archiving,
 4889         editing, retrieval, and verification; amending s.
 4890         943.13, F.S.; requiring that certain correctional
 4891         officers be at least 18 years of age; creating s.
 4892         944.145, F.S.; prohibiting a correctional officer who
 4893         is under 19 years of age from supervising inmates;
 4894         authorizing a correctional officer who is under 19
 4895         years of age to perform all other tasks performed by a
 4896         full-time, part-time, or auxiliary correctional
 4897         officer; amending s. 944.704, F.S.; requiring
 4898         transition assistance staff to include information
 4899         about job assignment credentialing and industry
 4900         certification in job placement information given to an
 4901         inmate; amending s. 944.705, F.S.; requiring the
 4902         Department of Corrections to provide a comprehensive
 4903         community reentry resource directory to each inmate
 4904         prior to release; requiring the department to allow
 4905         nonprofit faith-based, business and professional,
 4906         civic, and community organizations to apply to be
 4907         registered to provide inmate reentry services;
 4908         requiring the department to adopt policies for
 4909         screening, approving, and registering such
 4910         organizations; authorizing the department to contract
 4911         with public or private educational institutions to
 4912         assist veterans who are inmates in applying for
 4913         certain benefits; requiring the department to adopt
 4914         rules; amending s. 944.801, F.S.; specifying that the
 4915         department may only contract for 100 percent of the
 4916         cost to prove educational services under certain
 4917         programs; authorizing the department to develop a
 4918         Prison Entrepreneurship Program and adopt procedures
 4919         for student inmate admission; specifying requirements
 4920         for the program; requiring the department to enter
 4921         into agreements with certain entities to carry out
 4922         duties associated with the program; authorizing the
 4923         department to contract with certain entities to
 4924         provide education services for the Correctional
 4925         Education Program; creating s. 945.041, F.S.;
 4926         requiring the Department of Corrections to publish on
 4927         its website inmate admissions based on offense type
 4928         and the rates of rearrest, reconviction,
 4929         reincacertaion, and probation revocation within a
 4930         specified period after release from incarceration;
 4931         requiring that the information be updated quarterly;
 4932         amending s. 945.091, F.S.; authorizing the department
 4933         to extend the limits of confinement to allow an inmate
 4934         to participate in supervised community release,
 4935         subject to certain requirements, as prescribed by the
 4936         department by rule; requiring the department to
 4937         administer a risk assessment instrument to determine
 4938         an inmate’s appropriateness for release on electronic
 4939         monitoring; authorizing the department to terminate an
 4940         inmate’s participation under certain circumstances;
 4941         authorizing a law enforcement or probation officer to
 4942         arrest such an inmate without a warrant in accordance
 4943         with specified authority; requiring the law
 4944         enforcement or probation officer to report alleged
 4945         violations to a correctional officer for disposition
 4946         of disciplinary charges as prescribed by the
 4947         department by rule; providing that participating
 4948         inmates remain eligible to earn or lose gain-time, but
 4949         not in an amount that results in an inmate being
 4950         released prior to serving 85 percent of the sentence
 4951         imposed; providing that such inmates may not be
 4952         counted in the population of the prison system and
 4953         that their approved community-based housing location
 4954         may not be counted in the capacity figures for the
 4955         prison system; amending s. 947.005, F.S.; defining the
 4956         terms “conditional medical release” and “electronic
 4957         monitoring device”; amending s. 947.149, F.S.;
 4958         redefining the term “terminally ill inmate”; amending
 4959         s. 948.001, F.S.; revising the definition of the term
 4960         “administrative probation”; amending s. 948.013, F.S.;
 4961         authorizing the court to sentence an offender to
 4962         administrative probation in certain circumstances;
 4963         authorizing the Department of Corrections to transfer
 4964         an offender to administrative probation in certain
 4965         circumstances; amending s. 948.03, F.S.; requiring the
 4966         Department of Corrections to include conditions of
 4967         probation in the Florida Crime Information Center
 4968         database; amending s. 948.06, F.S.; requiring each
 4969         judicial circuit to establish an alternative
 4970         sanctioning program; defining low- and moderate-risk
 4971         level technical violations of probation; establishing
 4972         permissible sanctions for low- and moderate-risk
 4973         violations of probation under the program;
 4974         establishing eligibility criteria; authorizing a
 4975         probationer who allegedly committed a technical
 4976         violation to waive participation in or elect to
 4977         participate in the program, admit to the violation,
 4978         agree to comply with the recommended sanction, and
 4979         agree to waive certain rights; requiring a probation
 4980         officer to submit the recommended sanction and certain
 4981         documentation to the court if the probationer admits
 4982         to committing the violation; authorizing the court to
 4983         impose the recommended sanction or direct the
 4984         department to submit a violation report, affidavit,
 4985         and warrant to the court; specifying that a
 4986         probationer’s participation in the program is
 4987         voluntary; authorizing a probation officer to submit a
 4988         violation report, affidavit, and warrant to the court
 4989         in certain circumstances; creating s. 948.081, F.S.;
 4990         authorizing each judicial circuit to establish
 4991         community court programs for defendants changed with
 4992         certain offenses; providing requirements for community
 4993         courts; requiring the chief judge in a participating
 4994         county to specify eligible offenses taking into
 4995         consideration the community’s needs and concerns;
 4996         requiring that certain agencies and entities support
 4997         community court programs; providing that a defendant’s
 4998         entry into a community court program is voluntary;
 4999         requiring that programs have a resource coordinator
 5000         charged with certain responsibilities; requiring the
 5001         appointment of advisory committees with at least a
 5002         specified membership; requiring the advisory committee
 5003         to review cases and authorizing members to make
 5004         recommendations to the judge; requiring the judge to
 5005         consider such recommendations; requiring programs to
 5006         report certain data; requiring that funding be secured
 5007         from sources other than the state for certain costs;
 5008         creating s. 948.33, F.S.; authorizing a prisoner in a
 5009         state prison who has an unserved violation of
 5010         probation or an unserved violation of community
 5011         control warrant to file a notice of unserved warrant
 5012         in the circuit court where the warrant was issued and
 5013         to serve notice on the state attorney; requiring the
 5014         circuit court to schedule a status hearing within a
 5015         certain timeframe after receiving notice; specifying
 5016         procedures and requirements for the status hearing;
 5017         providing for prosecution of the violation; requiring
 5018         that if the court enters an order, it send the order
 5019         to the county sheriff; amending s. 951.176, F.S.;
 5020         authorizing counties to contract with certain entities
 5021         to provide educational services for inmates in county
 5022         detention facilities; amending s. 951.22, F.S.;
 5023         prohibiting introduction into, or possession of any
 5024         cellular telephone or other portable communication
 5025         device on, the grounds of any county detention
 5026         facility,; defining the term “portable communication
 5027         device”; providing criminal penalties; amending ss.
 5028         1011.80 and 1011.81, F.S.; revising provisions
 5029         prohibiting state funds for the operation of
 5030         postsecondary workforce programs and funds for the
 5031         Florida College System Program Fund, respectively,
 5032         from being used for the education of certain state
 5033         inmates; amending s. 1011.84, F.S.; conforming a
 5034         provision to changes made by the act; amending s.
 5035         320.08058, F.S.; allowing the Department of Highway
 5036         Safety and Motor Vehicles to distribute proceeds from
 5037         the Invest in Children license plate annual use fee on
 5038         a statewide basis; requiring the Office of Program
 5039         Policy Analysis and Government Accountability (OPPAGA)
 5040         to conduct an analysis of the laws and procedures
 5041         pertaining to the transfer of juveniles to adult
 5042         courts for criminal prosecution; requiring OPPAGA to
 5043         consult with specified representatives in conducting
 5044         the analysis; requiring OPPAGA to submit by a certain
 5045         date submit a report to the Legislature and the
 5046         Governor; providing requirements for the report;
 5047         providing requirements of the report; amending s.
 5048         985.03, F.S.; replacing the term “nonsecure detention”
 5049         with the term “supervised release detention”; defining
 5050         the term “supervised release detention”; amending ss.
 5051         985.037, 985.039, and 985.101, F.S.; conforming
 5052         provisions to changes made by the act; creating s.
 5053         901.41, F.S.; providing legislative intent;
 5054         encouraging local communities and public or private
 5055         educational institutions to implement prearrest
 5056         diversion programs for certain offenders; encouraging
 5057         prearrest diversion programs to share information with
 5058         other prearrest diversion programs; authorizing local
 5059         communities and public or private educational
 5060         institutions to adopt prearrest diversion programs;
 5061         authorizing law enforcement officers, at their sole
 5062         discretion, to issue a civil citation or similar
 5063         prearrest diversion program notice under specified
 5064         circumstances to adults who commit certain misdemeanor
 5065         offenses; requiring an adult who receives a civil
 5066         citation or similar prearrest diversion program notice
 5067         to report for intake as required by the prearrest
 5068         diversion program; requiring that the prearrest
 5069         diversion program provide specified services to adults
 5070         who participate, as appropriate; requiring that an
 5071         adult who is issued a civil citation or similar
 5072         prearrest diversion program notice fulfill a community
 5073         service requirement; requiring the adult to pay
 5074         restitution to a victim; requiring law enforcement
 5075         officers to determine whether there is good cause to
 5076         arrest participants who do not successfully complete a
 5077         prearrest diversion program and, if so, to refer the
 5078         case to the state attorney, or, in the absence of good
 5079         cause, to allow the participant to continue in the
 5080         program; requiring representatives of specified
 5081         entities to create the prearrest diversion program;
 5082         requiring the entities to develop policies and
 5083         procedures for the development and operation of the
 5084         program, including designation of the misdemeanor
 5085         offenses that qualify persons for participation, and
 5086         to solicit input from other interested stakeholders;
 5087         authorizing specified entities to operate programs;
 5088         requiring prearrest diversion program operators to
 5089         electronically provide participants’ personal
 5090         identifying information to the clerk of the circuit
 5091         court; specifying requirements for the clerks’
 5092         handling and maintenance of certain information;
 5093         requiring that a portion of any participation fee go
 5094         to the appropriate clerk of the circuit court;
 5095         requiring fees received by the clerks of the circuit
 5096         court to be deposited in a certain fund; providing
 5097         applicability; specifying that persons who commit
 5098         certain offenses are ineligible for such programs;
 5099         amending s. 943.0582, F.S.; requiring, rather than
 5100         authorizing, the Department of Law Enforcement to
 5101         adopt rules for the expunction of certain nonjudicial
 5102         records of the arrest of a minor upon successful
 5103         completion by the minor of certain diversion programs;
 5104         defining the term “diversion program; redefining
 5105         terms; revising the circumstances under which the
 5106         department must expunge certain nonjudicial arrest
 5107         records; deleting the department’s authority to charge
 5108         a processing fee for the expunction; amending s.
 5109         985.12, F.S.; providing legislative findings and
 5110         intent; deleting provisions establishing a juvenile
 5111         civil citation process with a certain purpose;
 5112         requiring the establishment of a civil citation or
 5113         similar prearrest diversion program in each judicial
 5114         circuit, rather than at the local level, with the
 5115         concurrence of specified persons; requiring that the
 5116         state attorney and public defender of each circuit,
 5117         the clerk of the court for each county in the circuit,
 5118         and representatives of participating law enforcement
 5119         agencies create a civil citation or similar prearrest
 5120         diversion program and develop its policies and
 5121         procedures; authorizing such entities to solicit
 5122         stakeholders for input in developing the program’s
 5123         policies and procedures; requiring the Department of
 5124         Juvenile Justice to annually develop and provide
 5125         guidelines on civil citation or similar prearrest
 5126         diversion programs to the judicial circuits; providing
 5127         requirements for the civil citation or similar
 5128         prearrest diversion program; requiring the state
 5129         attorney of each judicial circuit to operate the civil
 5130         citation or similar prearrest diversion program;
 5131         providing an exception; providing construction;
 5132         requiring the arresting law enforcement officer to
 5133         make a determination if a juvenile does not
 5134         successfully complete the civil citation or similar
 5135         prearrest diversion program; deleting provisions
 5136         relating to the operation of and requirements for a
 5137         civil citation or similar prearrest diversion program;
 5138         requiring that a copy of each civil citation or
 5139         similar prearrest diversion program notice be provided
 5140         to the Department of Juvenile Justice; conforming
 5141         provisions to changes made by the act; deleting
 5142         provisions relating to requirements for a civil
 5143         citation or similar prearrest diversion program;
 5144         amending s. 985.125, F.S.; conforming a provision to
 5145         changes made by the act; amending s. 985.145, F.S.;
 5146         requiring the department to enter certain information
 5147         into the Juvenile Justice Information System
 5148         Prevention Web until formal charges are filed;
 5149         requiring the department to retain such records
 5150         according to its policies in the Prevention Web if
 5151         formal charges are not filed; creating s. 985.126,
 5152         F.S.; defining the term “diversion program”; requiring
 5153         a diversion program to submit, beginning on a certain
 5154         date, to the department specified data relating to
 5155         diversion programs; requiring a law enforcement agency
 5156         to submit, beginning on a certain date, to the
 5157         department specified data about diversion programs;
 5158         requiring the department to compile and publish,
 5159         beginning on a certain date, such data in a specified
 5160         manner; authorizing a minor to deny or fail to
 5161         acknowledge his or her expunction of a certain
 5162         nonjudicial arrest record under certain circumstances
 5163         unless an exception applies; requiring the department
 5164         to adopt rules; amending s. 985.24, F.S.; deleting
 5165         provisions authorizing the Department of Juvenile
 5166         Justice to develop evening reporting centers;
 5167         conforming provisions to changes made by the act;
 5168         amending s. 985.245, F.S.; revising risk assessment
 5169         instrument considerations; conforming provisions to
 5170         changes made by the act; amending s. 985.25, F.S.;
 5171         deleting a provision requiring mandatory detention for
 5172         children taken into custody on three or more separate
 5173         occasions within a 60-day period; amending s. 985.255,
 5174         F.S.; revising the circumstances under which a
 5175         continued detention status may be ordered; amending s.
 5176         985.26, F.S.; requiring the Department of Juvenile
 5177         Justice to hold a prolific juvenile offender in secure
 5178         detention pending a detention hearing following a
 5179         violation of nonsecure detention; amending s. 985.26,
 5180         F.S.; revising the definition of the term
 5181         “disposition”; conforming provisions to changes made
 5182         by the act; amending ss. 985.265 and 985.35, F.S.;
 5183         conforming provisions to changes made by the act;
 5184         amending s. 985.439, F.S.; deleting an authorization
 5185         for placement of a child in a consequence unit in
 5186         certain circumstances; allowing a child who violates
 5187         conditions of probation to be detained or released
 5188         based on the results of the detention risk assessment
 5189         instrument; conforming provisions to changes made by
 5190         the act; amending s. 985.601, F.S.; conforming
 5191         provisions to changes made by the act; amending s.
 5192         985.672, F.S.; requiring the board of directors of the
 5193         department’s direct-support organization to be
 5194         appointed according to the organization’s bylaws;
 5195         deleting the scheduled repeal of provisions governing
 5196         the direct-support organization established by the
 5197         department; amending s. 921.0022, F.S.; conforming
 5198         provisions to changes made by the act; conforming a
 5199         cross-reference; amending s. 985.557, F.S.; conforming
 5200         cross-references; reenacting ss. 95.18(10),
 5201         373.6055(3)(c), 400.9935(3), 409.910(17)(g),
 5202         489.126(4), 538.09(5), 538.23(2), 550.6305(10),
 5203         634.319(2), 634.421(2), 636.238(3), 642.038(2),
 5204         705.102(4), 718.111(1)(d), 812.015(2), 812.0155(1) and
 5205         (2), 812.14(4), (7), and (8), 893.138(3),
 5206         943.051(3)(b), and 985.11(1)(b), F.S., relating to
 5207         adverse possession without color of title, criminal
 5208         history checks for certain water management district
 5209         employees and others, clinic responsibilities,
 5210         responsibility for payments on behalf of Medicaid
 5211         eligible persons when other parties are liable, moneys
 5212         received by contractors, secondhand dealer
 5213         registration, secondary metals recycler violations and
 5214         penalties, intertrack wagering, diversion or
 5215         appropriation of funds by warranty association sales
 5216         representatives, collection of fees for purported
 5217         membership in discount plan organizations, diversion
 5218         or appropriation of funds by legal expense insurance
 5219         sales representatives, reporting lost or abandoned
 5220         property, condominium associations, retail and farm
 5221         theft, suspension of driver license following an
 5222         adjudication of guilt for theft, trespass and larceny
 5223         with relation to utility fixtures and theft of utility
 5224         services, local administrative action to abate drug
 5225         related, prostitution-related, or stolen-property
 5226         related public nuisances and criminal gang activity,
 5227         fingerprinting of certain minors, and fingerprinting
 5228         and photographing of certain children, respectively,
 5229         to incorporate the amendment made to s. 812.014, F.S.,
 5230         in references thereto; reenacting s. 932.7062, F.S.,
 5231         relating to a penalty for noncompliance with reporting
 5232         requirements, to incorporate the amendment made to s.
 5233         932.7061, F.S., in a reference thereto; reenacting s.
 5234         944.026(3), F.S., relating to community-based
 5235         facilities and programs, to incorporate the amendment
 5236         made to s. 944.704, F.S., in a reference thereto;
 5237         reenacting s. 447.203(3), F.S., relating to
 5238         definitions, to incorporate the amendment made to s.
 5239         944.801, F.S., in a reference thereto; reenacting ss.
 5240         316.1935(6), 772.12(2), 775.084(4)(k), 775.087(2)(b)
 5241         and(3)(b), 784.07(3), 790.235(1), 794.0115(7),
 5242         893.135(1)(b), (c), and (g) and (3), 921.0024(2),
 5243         944.605(7)(b), 944.70(1)(b), 947.13(1)(h), and
 5244         947.141(1), (2), and (7), F.S., all relating to
 5245         authorized conditional medical release granted under
 5246         s. 947.149, F.S., to incorporate the amendment made to
 5247         s. 947.149, F.S., in references thereto; providing
 5248         effective dates.